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Nephi City Zoning Code

10.7B Combined

Use 2 Zone CU2

10.7B.1 Purpose

Combined Use 2 Zone (CU2) is established to allow primarily higher density residential uses, while allowing for limited commercial uses to be used as a buffer district between more intensive commercial and some residential districts. This district shall be used along major traffic thoroughfares and in limited other areas to provide buffering where it is determined by the legislative body that such buffering is necessary and is consistent with the general plan. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021; Ord. 07-11-2023, 07-11-2023; Ord. 07-11-2023, 07-11-2023

10.7B.2 Use Regulations

A. In Combined Use 2 Zone ( CU2), no building or land shall be used, and no building or use shall be constructed or enlarged, which is arranged, intended, or designed to be used for anything other than one or more of the following uses, which may be required to be reasonably dispersed throughout the community:

Bed and Breakfast or Boarding House (See Lodging House)

Daycare, family

Daycare, group

Dry cleaning establishment

Dwellings, apartments

Dwellings, condominiums in individual ownership for up to six (6) units per structure, or unit bank

Dwellings, duplex

Dwellings, four-plex or quad-plex

Dwelling, internal accessory (dwelling) unit or ADU if in a single family, owner occupied, detached home and meeting all other requirements of Nephi City Code

Dwelling, single family

Dwellings, town home

Dwellings, three-plex or tri-plex

Dwellings, twin-home

Hospital

Instructional academy

Instructional academy, home (such as preschool)

Laundromat

Lodging House (see Bed and Breakfast)

Medical Treatment Offices including, but not limited to: physician clinic, dentist, optometrist, physical therapy, chiropractic, ultrasound, massage therapy, LASIK eye center, or hearing treatment center

Miscellaneous personal services

Miscellaneous small item repair services (no odors, or outside storage)

Miscellaneous retail trade (no odors, or outside storage)

Mixed use lot or parcel including both commercial retail or service as well as residential units from the allowed uses in this code section 10.7B.2

Model home sales office

Office, including but not limited to, business, government or professional

Public buildings

Public park and recreation facilities

Public services

Public utility stations

Repair services

Residential facilities for persons with a disability (provided the facility complies with Chapter 3.7 of Title 3)

Residential facility for elderly persons (provided the facility complies with Chapter 3.7 of Title 3)

Signs (if in compliance with Chapter 10.18 of this title)

Storage Units

  



HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021; Ord. 07-11-2023, 07-11-2023; Ord. 07-11-2023, 07-11-2023

10.7B.3 Lot Size (Area), and Density Regulations

  1. Lot Size (Area) and Density: The minimum lot size (area) and density shall apply in the CU2 zone:
  2. Single-family dwelling -the minimum lot size (area) for single-family, dwelling units shall be not less than eight thousand (8,000) square feet or approximately .1837 acres per dwelling unit. The minimum density is five and .445 (5.445) units per net acre (gross acres less dedicated rights-of-way) for single-family dwelling units.
  3. Multi-unit dwellings built horizontally - the minimum lot size (area) for multiple-family dwelling units built horizontally shall not be less than five-thousand, four-hundred, forty-five (5,445) square feet or approximately .125 acres per dwelling unit. The minimum density is eight (8) units per net acre (gross acres less dedicated rights-of-way) for a multiple-unit development built horizontally.
  4. Multi-unit dwellings built vertically - the minimum lot size for any multi-unit dwellings built vertically shall be not less than five-thousand, four-hundred, forty-five (5,445) square feet per unit on the bottom level, and no less than two-thousand, nine-hundred, ninety-four and three-quarters (2,994.75) square feet for every unit on the second or third level, which is fifty-five (55%) percent of the bottom level required square footage. The minimum density per acre will vary with this method.
  5. Commercial units - the minimum lot size (area) for commercial units shall be not less than eight-thousand (8,000) square feet or approximately .1837 acres per commercial unit on the bottom level, and no less than four-thousand (4,000) square feet, or approximately .0918 net acres for every unit on the second or third level, which is fifty (50%) percent of the bottom level required square footage.
  6. Maximum Units Multiple-Family Dwellings: The maximum number of dwelling units allowed in any multi-family dwelling structure shall be six (6) per bank of units.


HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021; Ord. 07-11-2023, 07-11-2023

10.7B.4 Frontage Regulations

The minimum width of any lot or parcel in the CU2 zone shall be seventy (70) feet for the first dwelling unit, with an additional ten (10) feet of width for each additional dwelling unit. The minimum width of any lot or parcel for a commercial use in this zone shall be one-hundred (100) feet.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021; Ord. 07-11-2023, 07-11-2023

10.7B.5 Yard Setback Regulations - Main Building

  1. The following shall be the minimum yard setback requirements for main buildings in the CU2 zone:
  2. Side Yards Main Buildings Single Family Dwelling Units: The side yard for any main building for a single family dwelling unit main building shall be a minimum of eight (8) feet on one side, with the total width of the two (2) side yards not less than eighteen (18) feet together, in total. The side yard for any corner lot main building shall be a minimum of eight (8) feet on the interior lot line, and not less than twenty (20) feet on the lot line that abuts the city street; with the total width of the two (2) side yards not less than twenty-eight (28) feet in total.
  3. Side Yards Main Buildings Multiple Family Dwelling Units: The minimum side yard for multi-family dwelling main building shall be ten (10) feet, and the total width of the two (2) required side yards shall be not less than twenty (20) feet, in total; except on a corner lot, which shall allow for ten (10) feet on the interior side, and twenty (20) feet on the side that abuts the city street.
  4. Side Yards Commercial Units: There shall be no side yard setback requirement for nonresidential uses that abut another nonresidential use; except corner lots, which shall be set back twenty (20) feet on the side of the lot that abuts the city street; and if the lot abuts or is adjacent to a residential use, a ten (10) feet interior side yard setback shall be required.
  5. Front Yard All Residential Dwelling Units: Front yard setbacks for all residential dwelling units shall be thirty (30) feet, unless an exception applies.
  6. Front Yard Exception: On blocks within the original Nephi block system where lots (containing existing dwellings) occupy at least fifty (50) percent of the standard city block frontage of four-hundred, twenty-nine (429) feet, the front yard setback may be the average of the existing dwelling's setbacks fronting on the same street, but in no case shall be less than twenty (20) feet.
  7. Front Yard Commercial Units: Front yard setbacks for commercial uses shall be at least twenty (20) feet; and development within the front yard areas for commercial properties shall comply with provisions of section 10-14-1 of this title.
  8. Rear Yard: The minimum rear yard for all main buildings shall be thirty (30) feet.



HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021; Ord. 07-11-2023, 07-11-2023

10.7B.6 Yard Setback Regulations - Accessory Buildings

  1.  Side Yard Setbacks for Accessory Buildings in the CU2 Zone:
  2. Side yard setbacks from the property line for an accessory building, located to the rear of a main building, shall be not less than one (1) foot to the roof dripline on interior lots, and on corner lots the setback shall be not less than twenty (20) feet as measured to the roof dripline that abuts the street.
  3. Side yard setbacks from the property line for an accessory building, located to the side of a main building, shall be not less than eight (8) feet as measured to the roof dripline on interior lots, and on corner lots the setback shall be not less than twenty (20) feet as measured to the roof dripline that abuts the street.
  4. Front Yard Setbacks for Accessory Buildings:
  5. Front yard setbacks from the property line for all accessory buildings shall not be less than thirty (30) feet as measured to the roof dripline.
  6. Rear Yard Setbacks for Accessory Buildings:
  7. Rear yard setbacks from the property line for all accessory buildings shall not be less than one (1) foot as measured to the roof dripline.
  8. Separation for Accessory Buildings: There shall be a minimum of ten (10) feet of separation between the closest point of any accessory building and any other building, including main or accessory buildings on site, or neighboring buildings, as measured from the outside wall of the main floor of both structures.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021; Ord. 07-11-2023, 07-11-2023

10.7B.7 Reserved


HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021, Ord. 5-17-2022

10.7B.8 Building Height and Size Regulations

No building in the CU2 zone shall be erected to a height greater than three (3) stories or forty-five (45) feet, whichever is smaller.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021, Ord. 5-17-2022

10.7B.9 Commercial Site Development

The development of all sites in the CU2 zone for commercial use shall follow performance standards contained in Chapter 10.14.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021; Ord. 07-11-2023, 07-11-2023

10.7B.10 Outside Storage

Outside storage shall be completely screened, by landscaping or opaque fencing, from view from any public street or abutting properties. This does not apply to representative displays of materials for sale but does apply to general inventories, miscellaneous merchandise, stockpiles, etc.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021