A.   C-1 Convenience Commercial Zone:

      1.   The C-1 convenience commercial zone has been established for the purpose of providing shopping facilities within the various neighborhoods of the county, primarily for the convenience of people living in the neighborhood. The types of goods and services which may be offered for sale have been limited to "convenience goods" such as groceries, drugs, personal services such as haircutting and hairdressing, distinguished by the fact that the principal patronage of the establishments originates within the surrounding neighborhood. Consequently, automobiles, furniture, appliances and other stores, the principal patronage of which originates outside the surrounding neighborhood, have been excluded from the C-1 zone. The maximum size of a C-1 zone shall not exceed five (5) acres.

      2.   Inasmuch as this zone is usually surrounded by dwellings, it is intended that residential amenities be maintained insofar as possible. Stores, shops or businesses shall be retail establishments only and shall be permitted only under the following conditions:

         a.   Such businesses shall be conducted wholly within an enclosed building except for the parking of automobiles and service to persons in automobiles, unless otherwise permitted.

         b.   No entertainment except music shall be permitted in any C-1 zone.

         c.   All uses shall be free from objections because of odor, dust, smoke, noise, vibration or other similar offensive nuisances to adjacent neighborhood areas.

   B.   C-2 Highway Commercial Zone:

      1.   The principal objective in establishing the C-2 highway commercial zone is to provide area within the county where facilities that serve the traveling public can be most appropriately located.

      2.   Other purposes for establishing the C-2 highway commercial zone are to promote safety on the highways, to promote the convenience of the traveling public, to promote beauty in the appearance of intersections and interchanges in the county and to prohibit uses which will tend to be contrary to the use of the land for its primary purposes or which would be unsightly to the traveling public. In general, this zone is located close to freeway interchanges and at the intersections of important transportation routes.

   C.   C-3 General Commercial Zone:

      1.   The objective of the C-3 general commercial zone is to provide space within the county where nearly all types of commercial goods and services may be provided. Since the zone permits such a wide variety of uses, the protective features which zoning normally affords to adjacent properties are mostly nonexistent. Owners should develop and maintain their property in recognition thereof.

      2.   The C-3 general commercial zone should be located principally in existing communities and not along major highways. To maximize traffic safety, property owners should provide access in a manner that will minimize the hazard of traffic leaving and entering roadways.

   D.   PDC Planned Development Commercial Zone:

      1.   PDC zones are located in developing areas of major traffic thoroughfares in the county. Land located along these thoroughfares may require PDC zoning at the discretion of the county commission if commercial use is desired. Requirements of the PDC zone can be found in chapter 9 of this title.

(Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code; Ord. 2019-1149-O, 12-3-2019)

Any use not specifically permitted, permitted with standards, or conditionally permitted is prohibited. Only the following uses are allowed:

   A.   Uses indicated by the letter “P” below are permitted uses in this zone.

   B.   Uses indicated by the letters “PS” are permitted uses with required standards in this zone. Uses must comply with the standards and evaluation criteria established in this title.

   C.   Uses indicated by the letter “C” are conditional uses in this zone.

 

 

   A.   Site Plan Approval:

      1.   A site plan shall be submitted, drawn to scale, and of sufficient size and detail to show building locations, yard setbacks, ingress and egress drives, parking areas, landscaped areas and such other improvements as may be required relating to the specific use proposed.

      2.   The site plan, or an additional plan drawn to the same scale, shall show utility locations, including water, power, telephone, cable TV, sewer or septic tank location, fire hydrants, street improvements and such other public improvements as may be required.

      3.   Planning commission review and approval shall precede the issuance of any building permit for site improvement, or construction permit for utility systems. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code; Ord. 2022-1215, 8-2-2022; Ord. 2025-1292-O, 5-6-2025)

   A.   Storage Of Materials And Merchandise: All materials and merchandise, except vehicles in running order, shall be stored in an enclosed building or within an enclosure surrounded by a sight obscuring fence or wall of not less than six feet (6') in height, and no material or merchandise shall be stored to a height greater than that of the enclosing fence or wall.

   B.   Trash And Combustible Materials; Junk And Debris: No trash, rubbish, weeds or other combustible material shall be allowed to remain on any lot outside of approved containers in any commercial zone. No junk, debris, or junk cars or similar material shall be stored or allowed to remain on any lot in any commercial zone.

   C.   Solid Waste Storage Facilities: All solid waste storage facilities shall be located at the rear of the main building or else behind a sight obscuring fence or wall which will prevent the facility from being seen from a public street.

   D.   Protection Of Adjoining Residential Property: Where a commercial development adjoins any lot or parcel of ground in any residential zone, there shall be provided along the adjoining property line a decorative, sight obscuring fence, or a ten foot (10') wide planting strip, or any combination of fencing and landscaping which, in the opinion of the planning commission, adequately protects the adjoining residential property.

   E.   Side Yards Combined: The required side yards may be combined into one single yard with the opposite yard being a three foot by zero foot (3' x 0') side yard.

   F.   Reduction Of Rear Yard: Upon site plan approval, the rear yard may be reduced to three feet (3') if not required for drainage, utilities, etc.

   G.   Development Of Recreational Vehicle Park: Any request for development of a recreational vehicle park shall meet the design standards identified in section 10-8G-7 of this title, and shall meet all other requirements for building permits as specified elsewhere in this code.

   H.   Lighting: Lighting shall be as approved in section 10-17-8 of this title. (Ord. 2010-999-O, 8-3-2010)

The Village Commercial (VC) zone is established to provide a district in which the primary use of the land is for small-scale commercial, retail, mixed use residential, or service uses located at rural crossroads, along state highways, community gateways and in convenient and strategic locations of the county to meet community needs for both the residents and visitors to the area. Development in the VC zone should reflect the rural, pioneer, and agricultural heritage of “Small Town America” in the unincorporated communities throughout Washington County. As the “Downtown” area, the VC zone should be clearly identifiable from other zones in appearance and intensity of development. The VC zone should feature a mix of land uses quaintly lighted streets, village scale development with abundant pedestrian walkways, outdoor gathering areas and shared off street parking areas. The VC zone should make provisions for affordable and employee housing, as second story dwelling units over commercial uses. The front of buildings and lots should be inviting, and accommodate pedestrians, bikes, vehicles, or horses. Development should be landscaped with appropriate drought tolerant vegetation. (Ord. 2024-1272-O, 9-17-2024)

   A.   Its objective is a development pattern which is based on traditional town planning principles and rural open spaces, not the traditional types of suburban and sprawl development patterns that have been occurring in past decades. This ordinance is intended to ensure that development shall have the following principal characteristics:

      1.   Street oriented, compact, and tight development forms.

      2.   People focused place making within principal development pods.

      3.   There may be village centers dispersed throughout the county; provided, however, the village centers shall meet the criteria herein, as well as all other applicable standards and guidelines in this title and the general plan.

      4.   Villages shall be limited in physical size to control the amount of development therein.

      5.   A focal point or center, with street edge buildings, mixed uses, gathering places, public buildings and facilities, parks and open spaces. Plazas should be designed as focal points for community gatherings and events, with seating, landscaping, and shade trees and structures. Street trees, landscaping buffers, and pocket parks should be integrated to soften the built environment and provide gathering spaces for residents and visitors.

      6.   Commercial uses shall foster entrepreneurship and small local and rural business.

      7.   Commercial uses shall be of a type and scale that are appropriate for a traditionally agricultural-based gateway community environment and the specific community in which they are located.

      8.   Village commercial shall integrate with adjacent land uses and neighborhoods.

      9.   Village commercial shall be pedestrian friendly, but also automobile accessible. Sidewalks, crosswalks, and pedestrian-scale lighting shall be provided throughout the zone to enhance walkability and safety. Public seating, bike racks, and amenities also shall be provided.

      10.   Streets and parking lots shall be scaled for typical use not excess use.

      11.   Parking areas are not permitted between the street and the buildings. Parking areas shall be located to the rear of buildings. Rear parking requirements shall meet the needs of employees, residents, customers, and ADA parking. Shared parking is permitted with agreements approved by the county to reduce the overall parking footprint while ensuring adequate parking availability for all uses.

      12.   Developments shall integrate multi-use trails identified in the County Transportation Master Plan and Outdoor Recreation Master Plan. Trails should be designed to connect to existing and planned trail networks, providing safe and accessible routes for pedestrians, cyclists, and recreational users.

      13.   Incorporation of existing topography, waterways, historic structures and features is required.

   B.   Form Standards: The form rules for VC zone are set out in the following categories (as illustrated below):

      1.   Streets: Pedestrian Frontage: Pedestrian frontages are the spaces that occur on public or private property between the curb and the building, and are required along all primary and secondary public streets. Good pedestrian frontages are essential for fostering mixed-use, walkable, and pedestrian-oriented development.

      2.   Pedestrian frontage is composed of three parts:

         a.   Furnishing/Planting Area. The furnishing/planting area is the area between the back of curb and the clear sidewalk. This area provides for columns, required plantings, accessible ramps, signs, fire hydrants, snow storage, bike racks, benches, outdoor dining and seating areas, parked vehicle overhang or door swing, etc.

         b.   Clear Sidewalk. The clear sidewalk is the primary pedestrian travel way and shall be clear of any obstacles or protruding objects.

         c.   Building Transition Area. The remaining space between the clear sidewalk and building facade is a semi-public/private, building transition area that provides room for planter boxes, window shopping, outdoor cafe seating, street furniture, public art, etc. Where private property is used for a furnishing/planting area or a clear sidewalk, an easement may be permanently dedicated to the public under terms acceptable to the county. Buildings must front the street with active uses and include windows on building elevations to enhance pedestrian engagement and contribute to a vibrant streetscape. Architecture shall promote a cohesive and attractive streetscape, emphasizing building materials, signage, and awnings that contribute to a welcoming pedestrian environment. Windows are required on front building elevations that are adjacent to right of ways to promote transparency and active street frontages.

This:

Not This:

(Ord. 2024-1272-O, 9-17-2024)

 

   A.   Lot area: There is no minimum area of any lot or parcel in the VC zone.

   B.   Lot width: There is no minimum lot width.

   C.   Lot frontage: Each lot or parcel of land in the VC zone shall have frontage on a dedicated street or publicly approved street for a minimum distance of 15 feet, on a line parallel to the centerline of the street or lane or along the circumference of a cul-de-sac. (Ord. 2024-1272-O, 9-17-2024)

Building size: The gross area of each individual building or structure on a lot or parcel within the VC zone shall not exceed 5,000 square feet per floor. Gross area excludes accessory buildings. Buildings or structures not exceeding 8,000 square feet per floor may be allowed if said structure is located a minimum of 100 linear feet from Hwy-144 or I-15. Retail space for a small format grocer or market may be up to 10,000 square feet per floor in footprint. (Ord. 2024-1272-O, 9-17-2024)

Setbacks and Lot Coverage: Zero or minimum setbacks from the sidewalk or public right-of-way are required to create a compact, walkable environment. A maximum setback of up to ten feet may be permitted to accommodate outdoor seating for a retail establishment or for other customer or pedestrian amenities. The following minimum setback requirements apply to each lot or parcel of land within the VC zone:

   A.   Front and side-front setback: The setback on any lot front, or side-front facing a street, shall be adjacent to the sidewalk. Lots and development adjacent to Hwy-144, I-15, or SR 9 the front setback is 100 feet for all buildings.

   B.   Side setback: Each lot or parcel of land shall have a side setback of not less than ten feet, except where the side of the lot abuts a lot or parcel in a residential zone. In such cases, the required setback of the abutting side shall be a minimum of 20 feet.

   C.   Side setback, corner lots: The side setback contiguous to any street shall be the same as required front setback.

   D.   Rear setback: Each lot or parcel of land shall have a rear setback of not less than 20 feet. (Ord. 2024-1272-O, 9-17-2024)

   A.   The following structures may encroach on any required setback:

      1.   Fences and walls in conformance with County Ord. § 10-15B of this title and all other applicable codes or ordinances;

      2.   Landscape elements including trees, shrubs and other plants;

      3.   Necessary appurtenances for utility services;

      4.   A sign that complies with County Ord. § 10-19: Signs. No sign shall encroach on the public right-of-way;

      5.   Noncommercial pedestrian conveniences such as drinking fountains, wayfinding signs, park benches, bike racks, or similarly permitted items;

      6.   Outdoor commercial uses such as outdoor seating areas or open air displays, provided there is a minimum ten-foot wide buffer planted with screening vegetation between any outdoor commercial use and an adjacent residentially zoned property as described in County Ord. § 10-15B; and

      7.   Parking spaces may be permitted to encroach on a required side or rear setback. In any such case, parking spaces shall not project into greater than one-half of the required rear or side setback. The remaining setback, without parking spaces, shall directly abut property line of said lot or parcel of land. To approve any such encroachment, the Planning Commission shall find:

         a.   The encroaching parking will not be detrimental to the health, safety or welfare of persons residing or working in the vicinity, nor unreasonably interfere with the enjoyment of property or improvements in the vicinity;

         b.   The location of an existing building or existing parking spaces render alternate parking locations impractical and infeasible; and

         c.   An unusually shaped or sized lot renders alternate parking locations impractical and infeasible.

   B.    The land use authority may attach conditions to the erection of any structures into required setbacks and require an agreement with terms acceptable to the county. (Ord. 2024-1272-O, 9-17-2024)

The height of any structure in the VC zone is measured in accordance with this title.

   A.   The maximum height for any structure on a normal lot in the VC zone is 35 feet. An unroofed and unenclosed rooftop terrace and enclosed stairwell shall not be included in the measurement of total building height.

   B.   No building or structure in the VC zone shall contain more than two stories, except as allowed by subsection D, below.

   C.   In no case shall the height of any accessory building or structure exceed the height of any principal structure on the same lot or parcel.

   D.   A building in the VC zone may have a third story if it is a walkout basement or basement parking area if all of the following requirements are met:

      1.   The highest finished floor elevation of the first floor of the building is at least two feet below the elevation of the lowest elevation of the roadway fronting the property.

      2.   The walkout basement or parking area entrance opens on the side or rear of the building and not on the street facing elevation.

      3.   The building does not exceed the height limit established in Subsection A measured from the floor elevation of the above-ground first floor. (Ord. 2024-1272-O, 9-17-2024)

There may be zero distance between any two buildings or structures on the same lot or adjacent lots in the Village Commercial zone subject to adopted building codes and standards. (Ord. 2024-1272-O, 9-17-2024)

Development in the VC zone shall comply with the landscape standards of Title 10. (Ord. 2024-1272-O, 9-17-2024)