GENERAL COMMERCIAL ZONE CG
The purpose of this district is to provide areas in the City that are suitable for the widest range of commercial uses and retail businesses. This district is particularly suitable for automobile-related businesses and businesses needing direct freeway access.
(Ord. No. 1438-20, § 11, 6-22-20)
(1)
Use Categories. Table 54-1 lists use categories Permitted Outright (P) or Conditionally Permitted (C) in the CG zone. Use categories may also be designated as Limited (L) and subject to the limitations listed in Table 54-1 and restrictions identified in TDC 54.210. Limitations may restrict the specific type of use, location, size, or other characteristics of the use category. Use categories which are not listed are prohibited within the zone, except for uses which are found by the City Manager or appointee to be of a similar character and to meet the purpose of this zone, as provided in TDC 31.070.
(2)
Overlay Zones. Additional uses may be allowed in a particular overlay zone. See the overlay zone Chapters for additional uses.
Table 54-1
Use Categories in the CG District
(Ord. No. 1484-24, § 3, 4-22-24)
(1)
Size Limitation on Retail Uses. If located on land designated Employment Area, Corridor or Industrial Area on Comprehensive Plan Map 10-4, uses in the following categories must not be greater than 60,000 square feet of gross floor area per building or business:
(a)
Eating and Drinking Establishments;
(b)
Retail Sales and Services; and
(c)
Durable Goods Sales.
(2)
Appliance Stores. Incidental repair of appliances is permitted as an accessory use.
(3)
Home Improvement Stores.
(a)
Garden tractors sold on-site must not exceed 25 horsepower.
(b)
Outdoor storage, display, and sale areas require a conditional use permit and are subject to additional standards, see TDC 54.220.
(4)
Auto Leasing Office. No more than five (5) vehicles may be stored on site.
(5)
Boat, Boat Motor and Boat Trailer Sales.
(a)
Maintenance, service and repair of boats, motors and trailers is not permitted.
(b)
The scale of products sold on-site is limited as follows:
(i)
Boats must not exceed 18 feet in length;
(ii)
Boat motors must not exceed 40 horsepower; and
(iii)
Boat trailers are limited to single axle.
(c)
Outdoor storage, display, and sale areas require a conditional use permit and are subject to additional standards, see TDC 54.220.
(6)
Automobile Service Station.
(a)
The minimum street frontage on each street on a corner lot is 120 feet.
(b)
The minimum street frontage on an interior lot is 150 feet.
(c)
The minimum building setback from any street right-of-way is 40 feet.
(d)
The minimum pump island set-back from any lot line is 15 feet.
(e)
Only two access points are allowed for an interior lot. A corner lot and a through lot are allowed only one access per street frontage.
(f)
The storage and display of merchandise such as tires and batteries offered for sale must be conducted in the station building. However, small items such as oil and windshield wiper blades may be displayed outside the building.
(g)
Outside storage or sale of any vehicles is not permitted.
(h)
Must comply with TDC Chapter 34.200.
(Ord. No. 1450-20, § 26, 12-14-20)
All uses must be conducted wholly within a completely enclosed building, except as provided by this section.
(1)
Permitted Uses. Off-street parking and loading, outdoor play areas of child day care centers as required by state day care certification standards, Basic Utilities, Wireless Communication Facilities, and nursery or greenhouse uses are permitted outright as outdoor uses.
(2)
Limited Uses. Health and Fitness Facility uses that include outdoor activities are limited and subject to additional standards.
(a)
The subject lot is not within 500 feet of a residential planning district.
(b)
The outdoor area must:
(i)
Be completely enclosed with a minimum 8-foot-tall sight-obscuring fence. Slatted chain link fencing is not an appropriate screening measure; and
(ii)
Outdoor activities must not occur between the hours of 10:00 pm and 7:00 am.
(3)
Temporary Uses. Temporary outdoor sales, as defined in TDC 31.060, are permitted as a temporary use subject to TDC 33.090.
(4)
Conditional Uses. The following specific outdoor uses require a conditional use permit and are subject to additional standards.
(a)
Outdoor Storage, Display, and Sales.
(i)
The outdoor area must not exceed ten percent of the store's gross floor area or 15,000 square feet, whichever is less.
(ii)
Not less than 50 percent of the outdoor area must be covered by a permanent roof.
(iii)
The outdoor area must abut a wall of the store.
(iv)
All sides of the outdoor area not abutting a wall of the store must be screened with a sight obscuring fence, wall, berm, or dense evergreen landscaping not less than six feet in height.
(v)
Stored materials must not exceed the height of the sight obscuring barrier when viewed from street level.
(b)
Home Improvement Stores.
(i)
The store's gross floor area must be 50,000 square feet or more.
(ii)
The outdoor area must not exceed ten percent of the store's gross floor area or 15,000 square feet, whichever is less.
(iii)
Not less than 50 percent of the outdoor area must be covered by a permanent roof.
(iv)
The outdoor area must abut a wall of the store.
(v)
All sides of the outdoor area not abutting a wall of the store must be screened with a sight obscuring fence, wall, berm, or dense evergreen landscaping not less than six feet in height.
(vi)
Stored materials must not exceed the height of the sight obscuring barrier when viewed from street level.
(c)
Boat, Motor Boat, and Boat Trailer Sales.
(i)
Boats, motors, and trailers are allowed, but only if boats, motors, and trailers are not the primary products sold by the store.
(ii)
The outdoor area must abut a wall of the store.
(iii)
The outdoor area must not exceed ten percent of the store's gross floor area or 5,000 square feet, whichever is less.
(iv)
Not less than 25 percent of the outdoor area must be covered by a permanent roof.
(v)
All sides of the outdoor area not abutting a wall of the store must be screened with a sight obscuring fence, wall, berm, or dense evergreen landscaping not less than six feet in height.
(vi)
Stored materials must not exceed the height of the sight obscuring barrier when viewed from street level.
(d)
Portable Collection Facilities. Portable collection facilities that are an accessory use are subject to the following standards:
(i)
The facility must be sited such that it is either adjacent to existing vegetation or in a location where vegetation can be installed to enhance the appearance of the facility;
(ii)
If vegetation is not already in place, landscaping, as approved through the Architectural Review process, must be installed adjacent to the location of the portable collection facility;
(iii)
Items must not be stored outside the facility, except for temporary storage of oversized goods;
(iv)
Oversized goods stored outside must be collected daily and removed from the premises or stored inside the portable collection facility; and
(v)
Adequate receptacle must be provided for items dropped off during times the facility is not attended.
(e)
Automobile Towing Company Office and Dispatch Office. Outdoor storage of towed vehicles requires a conditional use permit and is subject to the following standards:
(i)
Vehicle storage must be screened with a solid sight-obscuring wall or fence not less than six feet in height;
(ii)
A perimeter landscaped area at least five feet in width must be provided on the outside of the storage area wall or fence as approved through the Architectural Review process. The perimeter landscaped area must be planted with evergreen plant materials which will reach the height of the wall or fence within three years from the time of planting; and
(iii)
The storage area must be paved with asphalt or concrete.
(f)
Outdoor Pet Activity Area Associated with Pet Day Care. Use of an outdoor pet activity area requires a conditional use permit, which must include a noise, odor and animal waste material mitigation plan for the design and management of the outdoor pet day care facility, showing how impacts on neighboring properties and businesses will be eliminated or minimized. Outdoor pet activity areas are subject to the following standards:
(i)
The subject lot is not within 500 feet of a residential planning district and is not in Blocks 11, 28, and 29 of the Central Urban Renewal District (CURD).
(ii)
The outdoor pet activity area must:
(A)
Be completely enclosed with a minimum 8-foot-tall sight-obscuring fence. Slatted chain link fencing is not an appropriate screening measure;
(B)
Be a continuously paved impervious surface; and
(C)
Have a drainage system that contains all animal waste material for discharge to the sanitary sewer system;
(iii)
Outdoor pet day care activities including exercise and training must not occur between the hours of 8:00 pm and 7:00 am.
(Ord. No. 1484-24, § 3, 4-22-24)
Development standards in the CG zone are listed in Table 54-2. Additional standards may apply to some uses and situations, see TDC 54.310.
Table 54-2
Development Standards in the CG District
(1)
Gateway Tower Elements. Gateway Tower Elements are permitted in the CG Planning District, subject to the following restrictions.
(a)
Location. The Gateway Tower element must be located within a 3.0 acre or larger commercial center development that is in a CG Planning District and within a 1,000 foot radius of:
(i)
The intersection of the centerline of SW Nyberg Street with the centerline of Interstate I-5; and
(ii)
The intersection of the centerline of SW Lower Boones Ferry Road with the centerline of Interstate I-5.
(b)
Number. A maximum of two (2) Gateway Tower Elements are permitted within a commercial center development, with a minimum separation of 200 feet.
(c)
Height. Gateway Tower Element feature must not exceed a structure height of 60 feet.
(d)
Width and Depth. Gateway Tower Element must not have exterior width, depth, or diameter dimensions greater than 20 feet nor less than six feet.
(e)
Design.
(i)
Gateway Tower Elements must incorporate architectural details including, but not limited to, fenestrations; eaves; window openings; and variations in roofline, volume, massing, and exterior materials. Architectural materials and details must be of a high quality and must relate to the design elements used on other structures in the development site.
(ii)
Gateway Tower Elements must include a gable, hip, dome or pitched roof form without a spire or pinnacle above. The roof material must be opaque and not transparent or translucent.
(iii)
Clocks, bells and similar features are prohibited.
(f)
Lighting. A Gateway Tower Element may be illuminated by indirect illumination. Direct illumination or internal illumination other than light emitted from approved windows or fenestrations is prohibited.
(g)
Signage. Signs are prohibited on a Gateway Tower Element structure.
(Ord. 1414-18, 12-10-18; Ord. No. 1438-20, § 12, 6-22-20)
GENERAL COMMERCIAL ZONE CG
The purpose of this district is to provide areas in the City that are suitable for the widest range of commercial uses and retail businesses. This district is particularly suitable for automobile-related businesses and businesses needing direct freeway access.
(Ord. No. 1438-20, § 11, 6-22-20)
(1)
Use Categories. Table 54-1 lists use categories Permitted Outright (P) or Conditionally Permitted (C) in the CG zone. Use categories may also be designated as Limited (L) and subject to the limitations listed in Table 54-1 and restrictions identified in TDC 54.210. Limitations may restrict the specific type of use, location, size, or other characteristics of the use category. Use categories which are not listed are prohibited within the zone, except for uses which are found by the City Manager or appointee to be of a similar character and to meet the purpose of this zone, as provided in TDC 31.070.
(2)
Overlay Zones. Additional uses may be allowed in a particular overlay zone. See the overlay zone Chapters for additional uses.
Table 54-1
Use Categories in the CG District
(Ord. No. 1484-24, § 3, 4-22-24)
(1)
Size Limitation on Retail Uses. If located on land designated Employment Area, Corridor or Industrial Area on Comprehensive Plan Map 10-4, uses in the following categories must not be greater than 60,000 square feet of gross floor area per building or business:
(a)
Eating and Drinking Establishments;
(b)
Retail Sales and Services; and
(c)
Durable Goods Sales.
(2)
Appliance Stores. Incidental repair of appliances is permitted as an accessory use.
(3)
Home Improvement Stores.
(a)
Garden tractors sold on-site must not exceed 25 horsepower.
(b)
Outdoor storage, display, and sale areas require a conditional use permit and are subject to additional standards, see TDC 54.220.
(4)
Auto Leasing Office. No more than five (5) vehicles may be stored on site.
(5)
Boat, Boat Motor and Boat Trailer Sales.
(a)
Maintenance, service and repair of boats, motors and trailers is not permitted.
(b)
The scale of products sold on-site is limited as follows:
(i)
Boats must not exceed 18 feet in length;
(ii)
Boat motors must not exceed 40 horsepower; and
(iii)
Boat trailers are limited to single axle.
(c)
Outdoor storage, display, and sale areas require a conditional use permit and are subject to additional standards, see TDC 54.220.
(6)
Automobile Service Station.
(a)
The minimum street frontage on each street on a corner lot is 120 feet.
(b)
The minimum street frontage on an interior lot is 150 feet.
(c)
The minimum building setback from any street right-of-way is 40 feet.
(d)
The minimum pump island set-back from any lot line is 15 feet.
(e)
Only two access points are allowed for an interior lot. A corner lot and a through lot are allowed only one access per street frontage.
(f)
The storage and display of merchandise such as tires and batteries offered for sale must be conducted in the station building. However, small items such as oil and windshield wiper blades may be displayed outside the building.
(g)
Outside storage or sale of any vehicles is not permitted.
(h)
Must comply with TDC Chapter 34.200.
(Ord. No. 1450-20, § 26, 12-14-20)
All uses must be conducted wholly within a completely enclosed building, except as provided by this section.
(1)
Permitted Uses. Off-street parking and loading, outdoor play areas of child day care centers as required by state day care certification standards, Basic Utilities, Wireless Communication Facilities, and nursery or greenhouse uses are permitted outright as outdoor uses.
(2)
Limited Uses. Health and Fitness Facility uses that include outdoor activities are limited and subject to additional standards.
(a)
The subject lot is not within 500 feet of a residential planning district.
(b)
The outdoor area must:
(i)
Be completely enclosed with a minimum 8-foot-tall sight-obscuring fence. Slatted chain link fencing is not an appropriate screening measure; and
(ii)
Outdoor activities must not occur between the hours of 10:00 pm and 7:00 am.
(3)
Temporary Uses. Temporary outdoor sales, as defined in TDC 31.060, are permitted as a temporary use subject to TDC 33.090.
(4)
Conditional Uses. The following specific outdoor uses require a conditional use permit and are subject to additional standards.
(a)
Outdoor Storage, Display, and Sales.
(i)
The outdoor area must not exceed ten percent of the store's gross floor area or 15,000 square feet, whichever is less.
(ii)
Not less than 50 percent of the outdoor area must be covered by a permanent roof.
(iii)
The outdoor area must abut a wall of the store.
(iv)
All sides of the outdoor area not abutting a wall of the store must be screened with a sight obscuring fence, wall, berm, or dense evergreen landscaping not less than six feet in height.
(v)
Stored materials must not exceed the height of the sight obscuring barrier when viewed from street level.
(b)
Home Improvement Stores.
(i)
The store's gross floor area must be 50,000 square feet or more.
(ii)
The outdoor area must not exceed ten percent of the store's gross floor area or 15,000 square feet, whichever is less.
(iii)
Not less than 50 percent of the outdoor area must be covered by a permanent roof.
(iv)
The outdoor area must abut a wall of the store.
(v)
All sides of the outdoor area not abutting a wall of the store must be screened with a sight obscuring fence, wall, berm, or dense evergreen landscaping not less than six feet in height.
(vi)
Stored materials must not exceed the height of the sight obscuring barrier when viewed from street level.
(c)
Boat, Motor Boat, and Boat Trailer Sales.
(i)
Boats, motors, and trailers are allowed, but only if boats, motors, and trailers are not the primary products sold by the store.
(ii)
The outdoor area must abut a wall of the store.
(iii)
The outdoor area must not exceed ten percent of the store's gross floor area or 5,000 square feet, whichever is less.
(iv)
Not less than 25 percent of the outdoor area must be covered by a permanent roof.
(v)
All sides of the outdoor area not abutting a wall of the store must be screened with a sight obscuring fence, wall, berm, or dense evergreen landscaping not less than six feet in height.
(vi)
Stored materials must not exceed the height of the sight obscuring barrier when viewed from street level.
(d)
Portable Collection Facilities. Portable collection facilities that are an accessory use are subject to the following standards:
(i)
The facility must be sited such that it is either adjacent to existing vegetation or in a location where vegetation can be installed to enhance the appearance of the facility;
(ii)
If vegetation is not already in place, landscaping, as approved through the Architectural Review process, must be installed adjacent to the location of the portable collection facility;
(iii)
Items must not be stored outside the facility, except for temporary storage of oversized goods;
(iv)
Oversized goods stored outside must be collected daily and removed from the premises or stored inside the portable collection facility; and
(v)
Adequate receptacle must be provided for items dropped off during times the facility is not attended.
(e)
Automobile Towing Company Office and Dispatch Office. Outdoor storage of towed vehicles requires a conditional use permit and is subject to the following standards:
(i)
Vehicle storage must be screened with a solid sight-obscuring wall or fence not less than six feet in height;
(ii)
A perimeter landscaped area at least five feet in width must be provided on the outside of the storage area wall or fence as approved through the Architectural Review process. The perimeter landscaped area must be planted with evergreen plant materials which will reach the height of the wall or fence within three years from the time of planting; and
(iii)
The storage area must be paved with asphalt or concrete.
(f)
Outdoor Pet Activity Area Associated with Pet Day Care. Use of an outdoor pet activity area requires a conditional use permit, which must include a noise, odor and animal waste material mitigation plan for the design and management of the outdoor pet day care facility, showing how impacts on neighboring properties and businesses will be eliminated or minimized. Outdoor pet activity areas are subject to the following standards:
(i)
The subject lot is not within 500 feet of a residential planning district and is not in Blocks 11, 28, and 29 of the Central Urban Renewal District (CURD).
(ii)
The outdoor pet activity area must:
(A)
Be completely enclosed with a minimum 8-foot-tall sight-obscuring fence. Slatted chain link fencing is not an appropriate screening measure;
(B)
Be a continuously paved impervious surface; and
(C)
Have a drainage system that contains all animal waste material for discharge to the sanitary sewer system;
(iii)
Outdoor pet day care activities including exercise and training must not occur between the hours of 8:00 pm and 7:00 am.
(Ord. No. 1484-24, § 3, 4-22-24)
Development standards in the CG zone are listed in Table 54-2. Additional standards may apply to some uses and situations, see TDC 54.310.
Table 54-2
Development Standards in the CG District
(1)
Gateway Tower Elements. Gateway Tower Elements are permitted in the CG Planning District, subject to the following restrictions.
(a)
Location. The Gateway Tower element must be located within a 3.0 acre or larger commercial center development that is in a CG Planning District and within a 1,000 foot radius of:
(i)
The intersection of the centerline of SW Nyberg Street with the centerline of Interstate I-5; and
(ii)
The intersection of the centerline of SW Lower Boones Ferry Road with the centerline of Interstate I-5.
(b)
Number. A maximum of two (2) Gateway Tower Elements are permitted within a commercial center development, with a minimum separation of 200 feet.
(c)
Height. Gateway Tower Element feature must not exceed a structure height of 60 feet.
(d)
Width and Depth. Gateway Tower Element must not have exterior width, depth, or diameter dimensions greater than 20 feet nor less than six feet.
(e)
Design.
(i)
Gateway Tower Elements must incorporate architectural details including, but not limited to, fenestrations; eaves; window openings; and variations in roofline, volume, massing, and exterior materials. Architectural materials and details must be of a high quality and must relate to the design elements used on other structures in the development site.
(ii)
Gateway Tower Elements must include a gable, hip, dome or pitched roof form without a spire or pinnacle above. The roof material must be opaque and not transparent or translucent.
(iii)
Clocks, bells and similar features are prohibited.
(f)
Lighting. A Gateway Tower Element may be illuminated by indirect illumination. Direct illumination or internal illumination other than light emitted from approved windows or fenestrations is prohibited.
(g)
Signage. Signs are prohibited on a Gateway Tower Element structure.
(Ord. 1414-18, 12-10-18; Ord. No. 1438-20, § 12, 6-22-20)