The purpose of the highway commercial (C-H) zoning district is to encourage a mixture of uses supporting all modes of transportation utilizing Highway 89, including, but not limited to, pedestrians, cyclists, public transit, and vehicular traffic. The design standards and use restrictions intend to unify the corridor with the town center to create a distinct identity for the area, improve the appearance, and enhance the safety of the Highway 89 corridor. (Ord. 2015-18, 11-17-2015)

   A.   General Provisions: No building, structure or land shall be used and no building or structure shall be hereafter erected, structurally altered, enlarged or maintained in the highway commercial (C-H) zoning district except as provided in this title. Accessory uses and buildings customarily incidental to uses authorized by conditional use permit in any district are also authorized by issuance of a conditional use permit in any such district.

   B.   Developments: Developments in the highway commercial (C-H) zoning district which contain mixed uses (combining of residential and nonresidential uses) or multi-family developments are subject to the requirements of chapter 13, "Planned District (P)", of this title and may only be approved after going through the process required by that chapter.

   C.   Permitted Uses: The following uses of land shall be permitted in the highway commercial (C-H) zoning district:

      General office.

      General retail and personal services, except for those that are prohibited in this zone.

      Restaurants.

      Sales of automobiles, recreational vehicles and motor sports vehicles.

   D.   Conditional Uses: The following uses of land shall be conditional in the highway commercial (C-H) zoning district:

      Retail stores larger than twenty thousand (20,000) square feet.

      Special events (carnivals, craft fairs, farmers' markets, festivals, fundraisers, mobile food truck fairs).

   E.   Prohibited Uses: The following uses of land are prohibited in the highway commercial (C-H) zoning district:

      Auto body shops and auto repair facilities, excluding oil change and lubrication shops.

      Bowling alleys.

      Car wash facilities.

      Gas stations.

      Manufacturing.

      Mining.

      Nonstore retailers.

      Pawnshops, title loan, quick loan or other payday loan or check cashing services.

      Pipeline transportation.

      Private clubs.

      RV (recreational vehicle) parks and campgrounds.

      Rail transportation.

      Residential development containing less than five (5) dwelling units.

      Self-serve laundromats.

      Self-storage.

      Sexually oriented businesses.

      Support activities for transportation.

      Taverns.

      Tobacco stores.

      Truck transportation.

      Uses requiring outside storage.

      Warehousing and storage facilities.

      Waste management and remediation services.

      Wholesale.

   F.   Staff Determination Uses: All uses not listed herein shall go through the staff determination process as outlined in section 10-11-2 of this title. (Ord. 2015-18, 11-17-2015)

   A.   Height Regulations: The maximum height for all buildings and structures in feet shall be thirty feet (30'), or two (2) stories, whichever is lower, except as approved by conditional use with the following standards:

      1.   Location:

         a.   The property is located within the Town Center Master Plan; or

         b.   The property is located north of 1000 North Street.

      2.   Setback: To transition from residential neighborhoods, a graduated setback is required from shared property lines with existing single family homes as a condition of height exception:

 

 

   B.   Lot Standards:

      1.   Minimum lot area, width, depth shall be determined through the site plan review process and shall be what is necessary for a proposed development to comply with maximum height, parking, landscaping, right of way dedication, where applicable, and any other site requirements of this or other titles.

      C.   Landscaping: The minimum amount of landscaping required for each lot shall be fifteen percent (15%). Sod shall be limited to five percent (5%) of the lot or five thousand (5,000) square feet, whichever is less. Landscaping for all developments shall, at a minimum, comply with the cross section for U.S. 89 in this chapter. All landscaping shall conform to Title 10, Chapter 22, Water Efficient Landscape Standards.

   D.   Setbacks:

      1.   The front yard setback shall be ten feet (10'), but can be increased through the site plan review process in order to provide for pedestrian and other street level activities and land uses such as plazas, outdoor sitting and eating areas, open spaces and other types of human scale amenities. The front yard setback is measured from the front property line after any necessary right of way has been dedicated.

      2.   The rear yard setback shall be ten feel (10').

      3.   There are no side setbacks, except as required by the international building code.

   E.   Parking:

      1.   Parking may only be located to the side or rear of any buildings in the highway commercial (C-H) zoning district.

      2.   All parking shall meet the requirements of chapter 6 of this title, except as may be modified below:

         a.   Retail: Sixty five percent (65%) of the required parking found in chapter 6 of this title. (Ord. 2015-18, 11-17-2015; amd. Ord. 2022-03, 6-7-2022; Ord. 2023-04, 2-21-2023)

   A.   Development along the U.S. 89 corridor shall dedicate not less than fifty five feet (55') of right of way (1/2 of the required 110 foot right of way on U.S. 89) for the full length of the proposed project and shall include the following improvements within that right of way:

      2.   Two (2) 12-foot automobile travel lanes.

      5.   Eight foot (8') landscaped park strips.

      6.   Seven foot (7') sidewalk.

   B.   Required landscaping shall include street trees from the city's approved list of tree species. Required street trees shall be located within the required park strip. If it is determined that planting trees within the park strip presents a safety hazard or hazard to utility lines, street trees may be moved to the front yard setback area. All landscaping shall conform to Title 10, Chapter 22, Water Efficient Landscape Standards. (Ord. 2015-18, 11-17-2015; amd. Ord. 2022-03, 6-7-2022)