The purpose of this zone is to promote the economic well-being of the Town through the generation of sales and other taxes, and implement land use policies of the General Plan as follows:

A.

Restrict the commercial properties to State Route 9;

B.

Restrict commercial buildings to protect views and environment;

C.

Limit density to minimize infrastructure demands;

D.

Encourage incorporation of open public spaces;

E.

Encourage the preservation of historical sites;

F.

Encourage the use of natural landscaping and minimize site disturbance;

G.

Encourage the development of services for community and tourist.

(Amended by Ord. 2019-10 on 7/17/2019)

The Commercial Zone shall be characterized by clean, low-lit and suitably scaled development and buildings that reflect the rural character of Virgin. The zone provides for recreational, commercial, strictly limited residential, and visitor activities. The Zone is intended to provide for commercial activities, employment, and outdoor recreational opportunities.

(Amended by Ord. 2019-10 on 7/17/2019)

Commercial Zone designation is available along the State Route Nine (SR-9) frontage, extending West from Pocketville Road to the furthest west Town border.

A.

Excluding any BLM property.

(As amended pursuant to ordinance # 2018-22; Amended by Ord. 2019-10 on 7/17/2019; Amended by Ord. 2023-09 extending commercial zone availability on 9/26/2023)

Uses contained in this Chapter flow directly from Chapter 16.30 - Zones and Uses. In the event of a conflict, Chapter 16.30 verbiage is the principal deciding factor. Uses fall into one of four categories, namely Permitted, Permitted with Conditions, Conditional Use, and Prohibited.

A.

PROFESSIONAL BUSINESS OFFICES.

B.

FINANCIAL INSTITUTIONS.

C.

ART GALLERIES.

D.

MUSEUMS.

E.

STUDIOS.

1.

Photography, music, dance, martial arts, yoga, indoor recreation and silk-screening.

F.

MUNICIPAL BUILDINGS.

G.

COMMUNITY BUILDINGS.

1.

Meeting halls.

H.

RECEPTION OR EVENT FACILITIES.

I.

OUTFITTING/GUIDE/TOUR SERVICES.

J.

RESTAURANTS.

1.

Bars, Taverns, cafe, coffee shop, deli with or without outdoor eating areas. (See VULU Subsection 16.16.28 A)

K.

SINGLE FAMILY DWELLINGS.

1.

Minimum square feet of home must meet all requirements of the International Residential Building Code.

L.

RESIDENTIAL HOSTING FACILITIES.

M.

HEALTH CARE FACILITIES.

N.

COMMERCIAL HABITATION.

1.

Limited, Temporary & Permanent. (See VULU Section 16.16.26)

O.

CHURCHES.

(Amended by Ord. 2019-10 on 7/17/2019; Amended by Ord. 2020-11 Permitted Uses Update on 6/24/2020; Amended by Ord. 2021-83 Clarifying uses on 10/20/2021; Amended by Ord. 2024-05 removed short-term rentals as permitted use and re-numbered sections on 3/19/2024)

The approval for any project and its continuing use shall be subject to a Conditional Use Permit. Refer to VULU Chapter 16.16 for procedure and additional standards. Because of the visual and topographic fragility of this area, development standards will be specifically tailored to minimize site disturbance and visual impact. Conditionally permitted uses in the Commercial Zone are:

A.

General or convenience store.

B.

Trail-ride staging (strict buffers, numbers of animals, accessory stables or barns, and nuisance abatement to be addressed during Conditional Use review). (See VULU Subsection 16.16.28 D)

C.

Shuttle stops.

D.

Hotel/Motel. (For additional specific standards such as Units per acre See VULU Subsection 16.16.28 C Lodging, VULU Subsection 16.40.40 A)

1.

Small scale facilities thirty (30) lodging units or less; and

2.

Medium scale facilities One hundred (100) lodging units or less.

E.

Veterinary clinics.

F.

Private schools.

G.

Automobile service station (See VULU Subsection 16.16.28 H, VULU Subsection 16.40.40 B); and

H.

Food Trucks.

(As amended pursuant to ordinance # 2015-061715-1a; Amended by Ord. 2019-10 on 7/17/2019; Amended by Ord. 2020-18 Clarifies Convenience Store on 7/22/2020)

A.

Sexually Oriented Businesses (SOB);

B.

Congregate Living Facilities; and

C.

Campgrounds/RV park;

D.

Short-Term Rentals.

(Amended by Ord. 2019-10 on 7/17/2019; Amended by Ord. 2024-05 prohibited short-term rentals in Commercial zone on 3/19/2024)

Minimum Area and Setback Requirements. *SETBACKS (measured in feet).

A.

Setbacks may be reduced to a distance of 10', with informed written consent of property owner(s), and recorded with the deed of said properties.

1.

Lots smaller than one (1) acre established before 2022 that meet all other requirements and abut an existing commercially zoned lot may be rezoned to commercial.

(Amended by Ord. 2019-10 on 7/17/2019; Amended by Ord. 2019-24 on 9/25/2019; Amended by Ord. 2022-09 Undersized properties in Commercial Zone on 5/25/2022)

Those properties with FRONTAGE on SR-9 shall have a minimum fifty-foot (50') landscaped or well-maintained natural buffer between the boundary of SR-9 and the development. Where safety and welfare are not a conflicting concern; in lieu of sidewalks along the state highway, a continuous trail for use by pedestrians and bicycles shall be developed in accordance with Town standards, which may be located within this buffer zone. A thirty-foot (30') landscaped buffer shall also be provided between commercial and residential properties.

(Amended by Ord. 2019-10 on 7/17/2019; Amended by Ord. 2019-21 on 9/4/2019)

A minimum of twenty-five feet (25') depth landscape screen is required where parking occurs between a building and SR-9. This landscaping screen may be counted toward buffer required in Section 16.40.14. At least eighty percent (80%) of required parking must be located on the side or front of each land use. No contiguous parking area may be more than one-hundred feet (100') long. Parking areas shall be screened by buildings by berms and/or landscaping as. Shade trees may be required in larger lots.

(Amended by Ord. 2019-10 on 7/17/2019)

All decorative pools, ponds, fountains, waterfalls, hot tubs or spas must conform to the requirements of the International Building Code and the Washington County Water Conservancy.

(Amended by Ord. 2019-10 on 7/17/2019; Amended by Ord. 2021-37 Updates water feature requirements on 4/21/2021)

See VULU Chapter 16.40, Subsections 16.40.14, 16.40.16 and 16.40.40 for project specific setback and buffer requirements.

(Amended by Ord. 2019-10 on 7/17/2019; Amended by Ord. 2020-18 Amends Open Space Requirements on 7/22/2020; Amended by Ord. 2020-22 Removal of Open Space Definition on 8/26/2020)

All building will be in compliance with Virgin Town standards and all other applicable regulations.

(Amended by Ord. 2019-10 on 7/17/2019)

Maximum building height will be twenty-two (22') in height.

(Amended by Ord. 2019-10 on 7/17/2019; Amended by Ord. 2021-85 Building Height on 12/16/2021)

No shed, garage, storage facility or auxiliary building shall be more that eighteen feet (18').

(Amended by Ord. 2019-10 on 7/17/2019)

Maximum footprint of a building is 3,000 square feet unless building size bonuses are granted during design or conditional use review. In no case shall any one building exceed a 12,000 square foot footprint.

A.

A 1000 square foot bonus will be granted for each of the following:

1.

Majority of landscaping is xeriscape and low water use plants;

2.

Public Trails;

3.

Facilities that are open for community use;

4.

Shared parking areas with other facilities;

5.

Incorporation of solar panels;

6.

Open space of greater than 50% of total acreage; or

7.

Reclamation plan of unused property.

B.

A 3000 Square foot bonus will be granted for each of the following:

1.

Treatment and reuse of wastewater for irrigation; or

2.

Use of Leadership in Energy and Environmental Design (LEED) Standards.

C.

A 5000 Square foot bonus will be granted for the following:

1.

A Use of underground parking.

(Amended by Ord. 2019-10 on 7/17/2019; Amended by Ord. 2020-18 Clarifies Building Size Allowances on 7/22/2020)

A.

Generally, development is encouraged to utilize indigenous, regional architectural styles and materials for all structures to blend with the surrounding natural landscape without drawing undue attention to the development.

(Amended by Ord. 2019-10 on 7/17/2019; Amended by Ord. 2019-21 Safety of Sidewalks, Extension of 30' to 50' unbroken surface on 9/4/2019; Amended by Ord. 2021-43 Amends design requirements on 4/21/2021)

Wastewater systems will be subject to approval of the Southwest Utah Health Department or the Division of Environmental Quality, and Virgin Town, as appropriate. "Gray water" from treatment systems may be used for landscape irrigation if approved by the Southwest Utah Health Department or Division of Environmental Quality, as applicable. Facility location shall be examined during design or conditional use review and must be approved by the Land Use Authority.

(Amended by Ord. 2019-10 on 7/17/2019)

(To be attached, where applicable, to every permit granted under the requirements of VULU Chapter 16.16)

A.

NATURAL HAZARDS. Construction of permanent structures shall not be permitted or performed in such a manner as to place real or personal property and/or individuals at unreasonable risk of harm or injury from natural, geographic or topographic hazards such as landslides, floods or excessive soil erosion. In addition to compliance with the provisions of the building code or governing standards to meet the maximum foreseeable risk of such hazards, persons developing, improving, managing or owning such property shall have the obligation to bear the burden of so developing and/or such property shall have the obligation to bear the burden of so developing and/or improving the property in such a manner that the property and/or general public are safeguarded from unreasonable risk of harm or injury from such natural hazards.

B.

GRADING. To reduce the possibility of erosion and eliminate unsightly scars within the town, all excavation grading, cut and fill operations and siting of roads shall be done under appropriate review and supervision in compliance with VULU Chapter 16.2 and with approval of the Town Engineer. Additional inspections may be required. After review of the building or excavation permit application, and site plan including development envelopes, the town may require a specific revegetation plan and schedule as approved by the Planning Commission, as a condition of the permit issuance. A geotechnical report describing the stability and suitability of said lot or parcel for development must be submitted and approval given prior to the issuance of any excavation permit.

C.

LIGHTING. Exterior lighting may be installed to provide for safety and security. Proper controls must be provided to preserve, to the greatest extent possible, the visual qualities of the night sky and to protect neighboring properties from light trespass, glare, and pollution. To this end, the provisions of VULU Section 16.8.40 will be enforced.

D.

FLAGPOLES. (See VULU 16.52)

E.

MECHANICAL DEVICES. Air conditioners, heating, cooling and ventilating equipment, propane tanks, pumps and heaters, and all other mechanical devices shall be screened from the surrounding properties and streets or lanes and shall be operated so that the resulting sound does not exceed acceptable levels, or the applicable sound control as set forth in the town ordinance.

F.

TRASH. No trash, trash containers, used materials or equipment shall be stored in open areas. All such materials shall be screened from public streets or walkways and adjacent properties with an opaque FENCE or wall or stored within an enclosed building as determined during conditional use and design review.

G.

SCREENING. A decorative masonry wall, fence or landscape screen may be required of a commercial use along all property lines which lie adjacent to a residential zone as determined during conditional use and design review.

H.

STORAGE. The outside storage of objects and materials shall require conditional use approval, and complete screening from public view, or view of any contiguous property.

I.

QUIET TIME. Is between 10:00 p.m. and 7:00 a.m.

(Amended by Ord. 2019-10 on 7/17/2019)

A.

Hotel/Motel.

1.

A minimum of sixty-foot (60') buffer between established residential properties.

a.

Buffer may not include parking or non-emergency driveways.

2.

A sound wall shall be constructed between facilities and established residential properties on the property line unless all uses are one hundred fifty feet (150') or greater from the property line.

3.

No more the 20% of parking may be behind main building(s).

B.

Service Stations.

1.

Fuel pumps must be in front of building.

2.

Store hours are limited to between 4:00 am and 11:00 pm.

3.

A minimum of sixty-foot (60') buffer between established residential properties.

a.

Buffer may not include parking or non-emergency driveways.

4.

A sound wall shall be constructed between service station and established residential properties on the property line unless all uses are one hundred fifty feet (150') or greater from the property line.

C.

Sexually Oriented Businesses.

1.

No sexually oriented business shall be located within a one thousand foot (1,000') radius of any church, park, school, or residential zone as measured in a straight line, without regard to intervening structures or objects, from property line of the school, park, religious institution or residential zone nearest the sexually oriented business and the property line of the sexually oriented business nearest the church, park, school or residential zone.

2.

No sexually oriented business shall be permitted to locate within five hundred feet (500') of SR-9, measured in a straight line, without regard to intervening structures or objects, from the property line of SR-9 nearest the sexually oriented business nearest the gateway.

3.

No sexually oriented business shall be permitted within a five hundred foot (500') linear distance of any historic building or site, measuring a straight distance, without regard to intervening structures or objects, from the property line of the historic building or site nearest the sexually oriented business to the nearest property line of the sexually oriented business nearest the historic building or site.

4.

No sexually oriented business shall be allowed within one thousand feet (1,000') linear distance of a tavern, as defined under Utah Code Annotated Section 31A-1-105(61)(a) (and any amendments thereto), measuring a straight distance, without regard to intervening structures or objects from the nearest property line of the tavern to the nearest property line of the sexually oriented business.

5.

No sexually oriented business shall be allowed within one thousand feet (1,000') linear distance of another such business measuring a straight distance, without regard to intervening structures or objects, from the nearest property line of the one business to the nearest property line of the other business.

6.

Not more than one sexually oriented business shall be permitted to operate, be established or be maintained within the same building, structure or portion thereof.

7.

No more than one sign shall be allowed on sexually oriented business premises. Painted signs and painted wall advertising shall not be allowed. Other than the signs specifically allowed by this Section, a sexually oriented business shall not construct, or allow to be constructed, any temporary sign, banner, light, or other device designed to draw attention to the business location. Notice signs on front or near the entrance of the sexually oriented business, twenty four inches by twenty four inches (24"x24"), with the letters of three inches (3") or larger, prohibiting persons under the age of eighteen (18), with letters of contrasting, color shall be allowed.

8.

No descriptive art or designs depicting any activity related to or inferring the nature of the business shall be allowed on any sexually oriented business sign. Sexually oriented business signs shall only contain alphanumeric copy.

(Amended by Ord. 2019-10 on 7/17/2019; Amended by Ord. 2020-18 Amends Hours of Operation on 7/22/2020; Adopted by Ord. 2021-51 Sexually Oriented Businesses on 6/23/2021)