Toquerville City Zoning Code
CHAPTER 12
COMMERCIAL DISTRICTS
10-12A-1: PURPOSE:
The N-C district is intended to provide sites with a mixture of business and commercial establishments, catering primarily to the needs of local residents which in character and scale are necessary to meet their day to day needs. N-C district regulations are intended to ensure light, air, open space and other amenities appropriate to the permitted types of buildings and uses. The district regulations, in conjunction with other city guidelines, prescribe site development standards that are intended to maintain the unique and quaint character of the city and to ensure an attractive and functional commercial setting. (Ord. 2012.04, 1-18-2012)
10-12A-2: PERMITTED USES:
Bakery.
Banks.
Beverage service.
Childcare centers.
Grocery store.
Light hardware (no outside storage or sales of goods).
Other uses customarily incidental and accessory to permitted commercial uses and necessary for the operation thereof.
Personal services (barber/beauty, self-service laundry, etc.).
Pharmacy/retailer (emphasizing local services, necessities, sundries, groceries and convenience items).
Professional offices (medical, dental, real estate, finance, insurance, etc.).
Public and private educational institutions.
Public or quasi-public use for essential public services.
Public utility uses.
Restaurant/fast food establishment.
Theaters.
Variety store. (Ord. 2012.04, 1-18-2012; amd. 2014 Code; Ord. 2021.16, 7-21-2021)
10-12A-3: CONDITIONAL USES:
Commercial kennels.
Residential facility for elderly persons.
Single-family and multi-family dwellings located above commercial space.
Other uses similar to the permitted uses above and judged to be in harmony with the character and intent of this zone. (Ord. 2012.04, 1-18-2012; amd. 2014 Code; amd. Ord. 2021.16, 7-21-2021)
10-12A-4: PHYSICAL RESTRICTIONS:
Minimum frontage | 80 feet |
Minimum setbacks | Front: 25 feet Side and rear: 20 feet |
Maximum height | 35 feet (no more than 2 stories) |
Minimum finished landscaping | 15 percent of the total lot/parcel area |
Parking and loading | In accordance with section 10-21-13 of this title |
(Ord. 2012.04, 1-18-2012)
10-12B-1: PURPOSE:
The purpose of this zone is to provide commercial areas on major highways for the location of travel, service and highway oriented commercial uses. (Ord. 2012.04, 1-18-2012; amd. Ord. 2024.16, 8-7-2024)
10-12B-2: ALLOWED USE TABLE:
Only the following uses set forth in the table below are allowed in the Highway Commercial Zone.
USE | |
Animal hospital | P |
Antique store | P |
Athletic and sporting goods store | P |
Automobile parts sales (new parts only); provided, conducted within completely enclosed building | P |
Automobile rental (vehicles up to 26' in length) | P |
Automobile service, repair, conducted within an enclosed building | P |
Bank or financial institution | P |
Bus terminal | P |
Business equipment rental, services, and supplies | P |
Car wash | P |
Catering establishment | P |
Cemetery | P |
Child care center | P |
Church or place of worship | P |
Club or service organization | P |
Commercial kennel | C |
Commercial nursery | P |
Convenience store | P |
Department store | P |
Drive-thru sales (pharmacy, dairy products, etc.) | P |
Drugstore | P |
Farm implement sales (outdoor display) | P |
Financial, medical, and professional services | P |
Furniture and large appliance sales | P |
Garden supplies and plant material sales | P |
Gasoline service station | P |
Golf course | P |
Grocery store | P |
Hospital | P |
Hostel | P |
Hotel | P |
Laundry or dry cleaning | P |
Media service | P |
Motel | P |
Nursing home | P |
Office, general | P |
Office supply, office machine sales and service | P |
Operations center | P |
Paint or wallpaper store | P |
Park | P |
Pawnshop | C |
Personal care service | P |
Pet grooming | P |
Post office | P |
Printing and copying | P |
Protective service | P |
Public or quasi-public uses for essential public services | P |
Public utility uses | P |
Reception center | P |
Recreation and entertainment | P |
Restaurant or fast-food establishment | P |
Retail, general | P |
Roadside stand for the sale of agricultural produce and related items | P |
RV resort (as per 10-29) | C |
Shopping center | P |
Transportation service | P |
Other uses similar to the above and judged by the Planning Commission to be in harmony with the character intent of this zone | C |
Legend: P = Permitted Use, C = Conditional, CS = Conditional w/Standards or Permit | |
(Ord. 2024.16, 8-7-2024)
10-12B-3: PHYSICAL RESTRICTIONS:
The restrictions below shall be considered minimum, and more restrictive standards may be prescribed as conditions of a conditional use permit for any use:
Minimum frontage | 80 feet |
Minimum setbacks | Front: 25 feet Side and rear: 20 feet |
Maximum height | 45 feet |
Minimum finished landscaping | 15 percent of the total lot/parcel area |
Parking and loading | In accordance with section 10-21-13 of this title |
Screening | All outdoor storage, vehicles, machinery and equipment shall be screened and/or out of public view as seen from state highways or interstate freeways and any roadway fronting or driveway providing access to the property on which it is stored |
Gasoline and oil storage | All fuel storage tanks shall be completely buried beneath the surface of the ground or bermed and shall comply with all applicable state and federal regulations. All gasoline pumps, lubrication or similar devices, and other service facilities, shall not be located within minimum setbacks. All servicing of vehicles, except for the sale of gas and oil services customarily provided in connection therewith, shall be conducted completely within a structure |
(Ord. 2012.04, 1-18-2012; amd. Ord. 2024.16, 8-7-2024)
10-12B-4: SPECIAL REGULATIONS:
A. Increased Height: Notwithstanding the height limitation shown in section 10-12B-3 of this Article, a greater building height may be allowed in the Highway Commercial zone pursuant to a conditional use permit.
B. Setbacks Abutting A Residential Zone: When abutting a residential zone, the minimum setback shall be required plus one additional foot for every foot of building height over thirty feet (30').
C. Protection Of Residential Zones: Where any commercial zone adjoins any residential, as part of the required setbacks, there shall be provided and maintained along such property line a six-foot (6') solid masonry wall and a ten-foot (10') landscape buffer to protect the adjoining residential or agricultural property. The landscape buffer shall include the strategic planting of trees and shrubs to provide adequate screening. All landscaping shall comply with 10-21-5 of the Toquerville City Code.
(Ord. 2024.16, 8-7-2024)
10-12C-1: PURPOSE:
The purpose of the PC Zone is to provide areas where a combination of destination-oriented businesses, retail commercial, entertainment and related uses may be established, maintained and protected to serve both residents and nonresidents of the City. Typical uses include large scale, master planned commercial centers with outlying commercial pads, big box stores and offices. (Ord. 2012.04, 1-18-2012; amd. Ord. 2023.23, 11-1-2023)
10-12C-2: ALLOWED USE TABLE:
Only the following uses set forth in the table below are allowed in Planned Commercial Districts. Any use not specified as permitted, conditional, or conditional with standards/permit is deemed prohibited.
USE |
USE | |
Agricultural sales and service | P |
Animal hospital | P |
Bank | P |
Business equipment rental, sales, service | P |
Car wash | P |
Child daycare | P |
Church or place of worship | P |
Club or service organization | P |
Convalescent care facility | P |
Convenience store | P |
Cultural service | P |
Golf course | P |
Hospital | P |
Hotel | P |
Laundromat | P |
Post Office | P |
Public or quasi-public uses for essential public services | P |
Public utility uses | P |
Reception center | P |
Restaurant/fast food establishment | P |
Shopping center | P |
Vehicle, sales and service | P |
Auditorium | C |
Bus terminal | C |
Commercial kennel | C |
Motel | C |
Pawnshop | C |
RV Resort (see 10-29) | CS |
Residential treatment facility | C |
Residential facility for persons with a disability. (see 10-17-2) | CS |
Tattoo Parlor | C |
Tavern | C |
Wholesale and warehousing | C |
Other uses similar to the above and judged to be in harmony with the character intent of the zoning district | C |
Legend: P = Permitted Use, C = Conditional, CS = Conditional w/Standards or Permit, NA = Not Allowed | |
(Ord. 2023.23, 11-1-2023)
10-12C-3: GENERAL REQUIREMENTS:
Planned commercial districts shall comply with the following at the time of the initial zone change application.
A. Planned Commercial Initial Zone Change Application Requirements: Each zone change application submitted pursuant to this Article shall include the following:
1. A detailed narrative of the proposed development of the entire property.
2. A detailed list of proposed land uses and proposed densities.
3. A detailed site plan showing the location of the roads, development areas, open spaces, and phasing plan (if any).
B. Any zone change shall be approved by the adoption of an ordinance by the city council, which ordinance shall not be effective until the recording of a final plat or approval of a final site plan. In no event shall the effective date of any zone change ordinance extend beyond one (1) year of the date of adoption.
C. Preliminary Plat or Detailed Site Plan: For all planned commercial projects that are proposed to be subdivided, the applicant shall prepare and submit a preliminary plat or detailed site plan at the same time as the zone change application for the planned commercial zone. To be considered for concurrent review, the application must contain all preliminary plat requirements set forth in Chapter 19, Article C, Section 3
of this title, the submittal requirements set forth in Chapter 6, Section 1
of this Title, and the requirements set forth in Section 4 of this Chapter
, as amended.
D. Commercial Design Standards: All planned commercial projects shall comply with the general commercial design standards set forth in Chapter 21, article A
, of this title and the City’s current standards and specifications. (Ord. 2023.23, 11-1-2023)
10-12C-4: CONTENT OF WRITTEN TEXT/SITE PLAN:
A. Use of Land: The applicant shall prepare a site plan and written text that show and clearly explain the projected use of land including percentages of land devoted to various types of land use, such as building coverage, parking area, landscaped area, etc.
B. Buildings: The text shall indicate the type, character, and proposed height of all buildings. The plot plan, elevation, and perspective drawings shall be prepared by a licensed professional in the state of Utah to help the Planning Commission and City Council better understand the proposal.
C. Phasing Plan: A phasing plan, if the development is proposed to be developed in phases, shall be submitted.
D. Topography: Topography at contour intervals of two feet (2') shall be submitted unless waived by the planning staff.
E. Landscape Plan: A landscape plan showing the general location of lawn area, shrubs, trees, and fencing shall be submitted. The landscape plan shall comply with Chapter 21, article A, section 5
of this title.
F. Utilities Underground: All utilities, existing and proposed, shall be shown. All proposed utilities shall be underground unless otherwise approved. Transformer equipment shall be screened from the streets and adjacent properties.
G. Refuse Storage Areas: Refuse storage areas shall be screened so that materials stored within these areas shall not be visible from access streets, freeways, and adjacent properties. Storage or refuse areas shall not be located within required building setbacks nor within utility easements.
H. Lighting Plan: The plans submitted shall include a general lighting plan indicating the location of lights to be installed on-site.
I. Turning Spaces: Safe and convenient turning space shall be provided for cars, sewer vehicles, refuse collection vehicles, fire-fighting equipment, etc.
J. Traffic Conditions: The effect of the development on traffic conditions on abutting streets shall be shown. A preliminary traffic impact study shall be required as deemed necessary by city staff.
K. Layout: The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and walkways.
L. Truck Facilities: The location, arrangement, and dimensions of truck loading and unloading facilities.
M. Off-Street Parking: The arrangement and adequacy of off-street parking facilities.
N. Surfacing, Lighting of Parking Facilities: The surfacing and lighting of off-street parking facilities.
O. Circulation Pattern: The circulation patterns within the boundaries of the development.
P. Planning Objectives: The text material shall set forth planning objectives to be accomplished through the development of the project and show that the requested PC zoning is in conformance with the City general plan and complies with the requested zoning designation.
Q. Improvements: Location, grades, widths, and type of all improvements proposed for all streets.
R. Line Locations: A plan showing the location of all water, sewer, and drainage lines in and through the project.
S. Deed Restrictions; Covenants: Copies of any deed restrictions, restrictive covenants, bylaws, architectural controls, or other requirements that may be appurtenant to the proposed development.
T. Signage: The size, location, design, and nature of signs, if any, and the intensity and direction of area flood lighting shall be detailed in the text materials.
U. Grading and Drainage Plan: A grading and drainage plan, accompanied by a drainage report, shall be submitted with the site development plan.
V. Geotechnical Report: A geotechnical report identifying any possible flood, slope, faulting, soils or other related hazards on the site shall be submitted with the application.
W. Proposed Use Not Detrimental: It shall be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety, or general welfare of the persons residing in the vicinity of the planned commercial development or that any impacts are sufficiently mitigated. (Ord. 2023.23, 11-1-2023)
10-12C-5: PHYSICAL RESTRICTIONS:
Minimum lot area | 5 acres |
Maximum height - main building | 35 feet (up to 50 ft with conditional use) |
Maximum height - accessory | 20 feet |
Front yard setback | 25 feet |
Rear yard setback | 10 feet (20 feet for multi-story buildings or buildings over 20 feet in height) |
Interior side yard setback | 10 feet |
Street side yard setback | 20 feet |
(Ord. 2023.23, 11-1-2023)