The purpose of the C-1 neighborhood commercial zone, C-2 community commercial zone and C-3 regional commercial zone is to provide suitable areas for the location of the various types of commercial activity needed to serve the people and commerce of the city. It is also to separate into three (3) zones, uses based upon type of activity which are compatible and complementary, as well as intensity of land utilization and accessory use needs.

(Ord. 860, 9-2-2014)

¹ Note—If it is determined by the fire department that a distance greater than 20 feet is necessary for separation or access to a building this setback may be increased in the C-1, C-2 and C-3.

(Ord. 860, 9-2-2014)

Hereinafter specified permitted and conditional uses shall be allowed only when the following conditions are complied with:

A.

Manufacturing Within Enclosed Building: All manufacturing shall be done within a completely enclosed building.

B.

Odor, Noise: All uses shall be free from objection because of odor, dust, smoke or noise.

C.

Entertainment: In the C-1 neighborhood commercial zone, no entertainment, except recorded music, shall be permitted in cafes, cafeterias, ice cream parlors or restaurants.

D.

Uses Adjacent to a Residential Zone Boundary: All commercial uses which are located within fifty feet (50') of a residential zone boundary and which create noise, vibrations, odors or dust not commonly associated with a residential use shall be conducted completely within the confines of the business building or structure and shall not unreasonably disturb the adjacent residents. Normal deliveries and routine maintenance of building and grounds are exempted from the requirements of this subsection.

E.

Check Cashing, Payday Loan, Title Loan and Pawnshop Businesses: Check cashing, payday loan, title loan and pawnshop businesses are allowed as a conditional use only in the C-3 zone. The C-1, C-2 zones, planned commercial zones, manufacturing zones, planned manufacturing zones, retail/commercial overlay zone, mixed use zone, office park zone, low impact transition overlay zone and the landmark development zone are expressly prohibited from having these uses.

F.

Limit Based on Population: Payday loans/check cashing/consumer loans/title loans/pawnshops/gold buyers, no more than one of each for every four thousand (4,000) residents (payday loans, check cashing and consumer loans are classified as being the same). Retail jewelry stores that do manufacturing repair and buying metal and stones are exempt from this section.

G.

Retail Tobacco Specialty Businesses:

1.

Definition: A retail tobacco specialty business, commonly known as a smoke shop, is defined as a commercial establishment in which the sale of tobacco products accounts for more than thirty five percent (35%) of the total annual gross receipts for the establishment, where food and beverage products (excluding gasoline sales) is less than forty five percent (45%) of the total annual gross receipts for the establishment, and the establishment is not licensed as a pharmacy under Utah code.

2.

Licensing: No business license shall be issued or renewed for a person to conduct business as a retail tobacco specialty business until the person provides proof that the retail tobacco specialty business has (a) a valid permit for a retail tobacco specialty business issued under Utah Code Ann. § 26B-7-501 et seq. (Regulation of smoking, tobacco products, and Nicotine Products), by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located, and (b) for a retailer that sells a tobacco product, a valid license issued by the state tax commission in accordance with Utah Code Ann. §§ 59-14-201 and 59-14-301, to sell a tobacco product; and for a retailer that sells an electronic cigarette product or a nicotine product, a valid license issued by the state tax commission in accordance with Utah Code Ann. § 59-14803 to sell an electronic cigarette product or a nicotine product.

3.

Permitted Zone and Use: Retail tobacco specialty businesses shall be allowed only in the C-3 commercial zone and shall require approval as a conditional use, as provided in chapter 19 of this title.

4.

Location and Distance Restrictions: In accordance with Utah Code Ann. § 10-8-41.6, a retail tobacco specialty business may not be located within:

• One thousand feet (1,000') of a community location, which includes schools (public or private; trade), licensed daycare facilities or preschools, churches, public libraries, public playgrounds, public parks, youth centers or other spaces use primarily for youth oriented activities, and public recreational facilities;

• Six hundred feet (600') of another retail tobacco specialty business, or

• Six hundred feet (600') from property used or zoned for agricultural uses or residential use

• Distances shall be measured in a straight line from the nearest entrance or exit of the retail tobacco specialty business to the nearest property line of the of the restricted use, without regard to intervening structures or zoning districts.

5.

Permitted Sales: Retail tobacco specialty businesses may sell only the following products:

• Tobacco products: Any cigar, cigarette, or electronic cigarette as defined in Utah Code Annotated 76-9-1101

• Tobacco-related paraphernalia: any equipment, product, or material of any kind which is used, intended to use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a cigar, cigarette, or tobacco in any form into the human body, as defined in Utah Code Ann. § 76-9-1101.

• Ancillary retail items such as pre-packaged candy, snacks, bottled beverages, and small gift items (e.g., t-shirts, keychains, ashtrays, or similar non-alcoholic merchandise).

6.

Prohibited Sales: The sale of the following items is strictly prohibited:

o Beer, wine, or any alcoholic beverages.

• Drug products or paraphernalia beyond the limited products or paraphernalia listed above.

7.

Density Limitation: No more than one (1) retail tobacco specialty business per nine thousand (9,000) residents shall be permitted within the city.

8.

Compliance with County, State and Federal Regulations: All retail tobacco specialty businesses must maintain compliance with all applicable county, state, and federal regulations regarding the sale and advertising of tobacco products.

H.

Violations; Penalty: Any principal or manager of firms or corporations who fails to reasonably train the agents or employees of said firms or corporations regarding the provisions of this chapter shall be in violation of this article and shall be guilty and subject to penalty as provided in section 10-1-15 of this title.

(Ord. 808, 6-19-2012; Ord. 850, 2-4-2014; Ord. No. 997, § 1, 9-2-2025)

In the following list of possible uses, those designated in any zone as "P" will be a permitted use. Uses designated as "C" will be allowed only when authorized by a conditional use permit obtained as provided in chapter 19 of this title. Uses designated "N" will not be allowed in that zone.

(Ord. 803, 4-4-2012; amd. Ord. 850, 2-4-2014)

In considering any site plan as regulated by this title for permitted or conditional uses specified in this chapter, the planning commission shall endeavor to ensure, among other things, the safety and convenience of traffic movement both within the area covered and in relation to access streets, harmonious and beneficial relation among the buildings and uses in the area covered, and satisfactory and harmonious relation between such area and contiguous land and buildings and adjacent neighborhoods. In any commercial zone, the location of main and accessory buildings on the site and in relation to one another, the traffic circulation features within the site, the height and bulk of buildings, the provision of off street parking space, the provision of driveways for ingress and egress, and provision of other open space on the site, and the display of signs, shall be in accordance with a site plan or plans or subsequent amendment thereof, approved in any case by the planning commission prior to issuance of a building or land use permit. A site plan may also include provisions for landscaping, fences and walls designed to further the purposes of the regulations for commercial zones, and such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are appurtenant. Conditional uses are regulated by chapter 19 of this title.

(Ord. 803, 4-4-2012)

A.

The intent of the planned commercial zones is to permit the establishment of a well designed complex of retail commercial facilities for a neighborhood, community or region which will provide goods and services for the people to be served, minimize traffic congestion on public streets in the vicinity and which shall best fit the general environment and land use pattern of the area to be served. The protective standards contained in this article are intended to minimize any adverse effect of the planned commercial zone on nearby property values by achieving maximum compatible integration of the area, and to provide for safe and efficient use of the planned commercial zone itself.

B.

The three (3) types of planned commercial zones provided for in this article are as follows:

1.

CP-1, neighborhood: Provides for the sale and supply of daily living needs for the people in the neighborhood.

2.

CP-2, community: Provides, in addition to the convenience goods, a wider range of facilities for the sale of retail goods and personal services for the neighborhood and major segments of the community.

3.

CP-3, regional: Provides for the sale and supply of the complete range of retail and wholesale goods and personal services for the metropolitan area and, also, a center for recreational entertainment and cultural activities for the entire region.

(Ord. 860, 9-2-2014)

Any permitted use or any conditional use allowed in the C-1, C-2 and C-3 zones shall be a conditional use in their respective CP-1, CP-2 or CP-3 zone; provided, that a conditional use permit is obtained as provided in chapter 19 of this title. Such uses shall be indicated on the final development plan.

(Ord. 860, 9-2-2014)

(Ord. 860, 9-2-2014)

Notwithstanding the provisions of chapter 15 of this title, there shall be provided off street parking facilities in the ratio of not less than three (3) square feet of parking for each one square foot of sales floor area within the development.

(1985 Code § 19-24-4)

Where a planned commercial development adjoins any lot in any residential zone, there shall be provided and maintained along such property line a wooden or ornamental masonry fence of not less than six feet (6') in height; provided, however, that such fence shall be three and one-half feet (3 1/2') in height along the property line which bounds the front yard of adjoining residential lots; at least fifty percent (50%) of such wall should be maintained with a minimum six foot (6') wide planting strip and landscaping with trees and shrubs.

(1985 Code § 19-24-5)

A.

Ownership: A CP zone may be established only upon land held in single ownership or under unified control or where the planning commission determines that commercial development on separate adjoining properties should be coordinated to form a physically unified commercial facility which will be compatible with the surrounding land uses. At the time a CP zone is established and before building permits are issued, deed restrictions on the property or properties covered under the zone change shall be filed by the applicant or owners of subject property with the county recorder and shall provide that development take place on such property or properties in accordance with the final site development plan approved by the city council and on file with the city recorder.

B.

Nonconforming Use: A CP zone shall not be established upon a tract of land which would contain a nonconforming use or its integration into planned development.

C.

Master Plan: The location of the CP zone shall have an acceptable relationship to, and further the purposes of, the master plan for the city as determined by the planning commission.

(1985 Code § 19-24-6)

A rezoning petition for a planned commercial zone shall be submitted to the planning commission and shall be accompanied by a preliminary development plan for the commercial center showing a unified and organized arrangement of buildings and structures and their proposed uses, off street parking, internal and external traffic circulation, service facilities, schematic architectural drawings, landscaping plans and sketches demonstrating the design and character of the proposed development. The developer shall submit all evidence deemed necessary by the city council and/or planning commission of his ability to undertake the proposed project.

(1985 Code § 19-24-7)

The planning commission shall recommend approval or denial of the zoning petition and preliminary development plan to the city council. The recommendation of the planning commission may contain conditions, limitations or amendments to the preliminary development plan to ensure that the planned commercial development is integrated into its surroundings and serves the public interest to the greatest extent possible. The planning commission shall also recommend a reasonable amount to be provided by the developer by cash deposit or bond, to ensure the completion of the landscaping for the entire plan or phase thereof.

(1985 Code § 19-24-8)

The city council, after holding a public meeting thereon, may approve, modify or disapprove a petition for a planned commercial zone. In approving a zoning petition, the city council shall concurrently approve a preliminary development plan, the amount required to ensure completion of the landscaping, together with whatever amendments, conditions or requirements it deems necessary to secure the purpose of this article.

(Ord. 650, 11-1-2005)

After the rezoning of the site to a CP zone, a final development plan for the entire district or for the initial phase, if a stage plan development plan has been approved, shall be submitted to and approved by the planning commission as complying with the regulations and requirements attached thereto prior to the issuance of any building or land use permits. The final development plan shall show in detail the proposed areas and locations of buildings, off street parking, internal and external traffic circulation, improvements, landscaping, signs and service facilities. No changes shall be made in the final development plan during the course of construction pursuant thereto without obtaining prior approval of the planning commission. Copies of the approved final development plan shall be kept on file in the office of the planning commission, building inspector and city recorder, and only changes which may be subsequently approved shall be added thereto.

(1985 Code § 19-24-10)

A.

A building permit shall be secured and construction begun in accordance with the approved final development plan within eighteen (18) months from the effective date of the ordinance establishing such zone or other period of time as determined by the city council. Application may be made for not more than a six (6) month extension of the time limit for commencement of construction. Use and building permits shall be issued only for those uses and buildings indicated on the approved final development plan.

B.

In the event that construction is not started within the specified time limits, the planning commission shall review the classification of the zone and the progress which has taken place and, if deemed necessary, revoke the plan approval and initiate proceedings to rezone said property to its prior classification or to a zone consistent with the comprehensive master plan.

C.

All construction authorized in the approved final development plan shall be completed within three (3) years of the date construction commenced. A plan for stage development which will require more time than the limits contained herein may be approved by the city council after recommendation by the planning commission.

D.

In the event that construction is not completed within the time limits specified, the planning commission shall review the development which has taken place and if necessary initiate proceedings to reclassify the property or part thereof in a manner consistent with the comprehensive master plan.

(1985 Code § 19-24-11)

In the case of existing commercial districts, the planning commission and city council may proceed to rezone such districts to an equivalent planned commercial zone without the requirements of a preliminary development plan and other necessary information; but, after being so zoned to a planned commercial zone, a preliminary and final development plan of each development shall be submitted to and approved by the planning commission and city council in accordance with the provisions of this article prior to the issuance of building permits; provided, however, that improvements already in existence at the time of rezoning shall not be affected.

(1985 Code § 19-24-12)