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Washington Terrace City Zoning Code

17.28 Commercial

Zones

17.28.010 Purpose And Intent

  1. The intent of the planned commercial zones is to permit the establishment of a well designed complex of retail commercial facilities for the community that will provide goods and services for the people to be served. The intent is to minimize traffic congestion on thoroughfares and public streets in their vicinity and which shall best fit the general environment and land use patterns of the community.
  2. The purpose of the commercial zone(s) 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 uses into two zones, based upon types of activity which are compatible and complementary, as well as intensity of land utilization and accessory use needs.
  3. The protective standards for site use and development contained in this chapter are intended to minimize any adverse effects of the Planned Commercial Zone itself. Submission of a market analysis is intended to serve as a guide to the Planning Commission in the evaluation of an application in terms of need or desirability to amend the City's Zoning Map in the public interest, and the amount of land included in the rezoning application which could be realistically supported in commercial uses. Such information is further intended to substantiate finding that the proposed development will promote the general welfare of the city.
  4. The two (2) types of commercial zones provided for in this chapter are:
    1. Neighborhood Commercial C-1, provides for the sale and supply of daily living needs of the people living in the neighborhood.
    2. Community Commercial C-2, provides in addition to convenience goods a wider range of facilities for the sale of retail goods and personal services for the community.

HISTORY
Repealed & Reenacted by Ord. 11-01 on 2/1/2011

17.28.020 Site Development And Standards

  1. Minimum lot area – none.
  2. Minimum lot width – none.
  3. Minimum yard setbacks:
    1. Front – twenty (20) feet on streets of less than eighty (80) feet in width, fifty (50) feet on streets and highways of eighty (80) feet or more in width.
    2. Side – none, except ten (10) feet adjacent to a residential zone.
    3. Side – facing a street with a corner lot – Eight (8) feet on side yard while maintaining the sight triangle as defined in chapter 17 of the Washington Terrace Municipal Code: Sight Triangle. The "sight triangle" is to protect the line of sight for the intersection of an area which extends for forty feet (40') in all zones from the corner in both directions.
    4. Rear – none, except 10 feet where building rears on a residential zone.
  4. Building height:
    1. Minimum – one (1) story.
    2. Maximum –  sixty (60) feet, measured from back of curb.
    3. The height limits for a hospital use shall be determined in accordance with this section and as part of the site plan and/or conditional use approval process so long as such height limits do not exceed double the maximum height allowed by this section.
    4. The height limit for a use owned or operated by a financial institution shall not exceed sixty (60) feet.
HISTORY
Repealed & Reenacted by Ord. 11-01 on 2/1/2011
Amended by Ord. 15-01 on 2/3/2015
Repealed & Reenacted by Ord. 17-03 on 4/18/2017
Amended by Ord. 21-10 on 10/19/2021

17.28.030 Sign Regulations

The height, size, and location of permitted signs in the C-1 and C-2 zones shall be in accordance with the regulations set forth in Chapter 17.56 of this title. Permitted signs for the commercial zones are also listed in Chapter 17.56.

HISTORY
Repealed & Reenacted by Ord. 11-01 on 2/1/2011

17.28.040 Special Regulations

  1. Generally. The following general special use regulations apply to all permitted and conditional uses in the city: 
    1. All manufacturing shall be performed within a completely enclosed building. 
    2. All uses shall be free from excessive odor, dust, smoke, and/or noise. 
    3. Conditional uses shall also comply with Chapter 17.68 entitled "Conditional Use" before such may be developed. 
    4. Any sexually oriented business shall comply with ordinance chapter 5.01 and 17.82 
    5. The use of alcohol at any commercial establishment shall conform to state and local law. 
    6. Where applicable, industry standards apply to commercial uses. 
    7. Landscaping shall comply with chapter 17.44.200 
  2. Car wash. The following special use regulations apply to car wash uses: 
    1. One bay car wash, four spaces in the approach lane. 
    2. Two bay car wash, three spaces in the approach lane for each wash bay. 
    3. Three or more bay car wash, two spaces in the approach lane for each wash bay. 
    4. Storm water pollution and prevents control measures to be installed and maintained in accordance with the governing state permit and applicable local regulations. 
    5. Warning devices, coin operating warning devices shall so be regulated as not to be a nuisance to neighboring properties. 
    6. Vacuum mechanical devices shall be placed or positioned as not to be a nuisance or noise violation to neighboring properties. 
    7. Lighting shall comply with chapter 17.54
  3. All indoor self-storage facilities shall meet the following requirements

    1. Location.

    a. Indoor self-storage facilities shall be a permitted use in the C-1 and C-2 zones only.

    2. Design Requirements. The following design standards shall apply to indoor self-storage facilities permitted after the adoption of this ordinance:
    a. The maximum building footprint shall be 33,000 square feet; and
    b. At minimum, one main building entrance shall be provided at the ground floor level for customer access.
    c. The main building entrance shall front a primary street; and
    d. When fronting a primary street, the ground floor level shall contain a minimum of 25% building transparency. Each floor level above the ground
    floor level shall contain a minimum of 40% building transparency: and
    e. Buildings shall be surfaced with at least two exterior material variations and two exterior color variations, with at least 25% of the second material and second color applied to building areas visible from public street(s); and
    f. Twenty-four-hour security or camera surveillance shall be provided to customer accessible building interiors and exterior of facility; and
    g. Indoor self-storage units shall not be used for residential/living purposes, and shall not be used to operate as the primary use of a business; and
    h. Impervious surfacing (concrete, asphaltic concrete, or asphalt) shall be provided in all areas of established or anticipated traffic flows surrounding the building(s) and throughout the entire site, except where landscaping is required.
    i. animals are not permitted to be housed inside the storage facility.


HISTORY
Repealed & Reenacted by Ord. 11-01 on 2/1/2011
Adopted by Ord. 21-05 on 7/20/2021

17.28.050 Use Regulation

In the following list of possible uses, those designated in any zone as “Permitted” will be a permitted use. Uses designated a “Conditional” will be allowed only when authorized by a conditional use permit obtained as provided in Chapter 17.68 of this Zoning Ordinance. Uses designated as “None” is not allowed in that zone. Additionally, any use or proposed used that is not identified or designated by this chapter as either Permitted or Conditional is not permitted in any commercial zone.

UseC-1C-2
Accessory buildings and uses customarily incidental to a permitted use.PermittedPermitted
Altering, pressing, and repairing of wearing apparelPermittedPermitted
Ambulance base stationsPermittedPermitted
Amusement enterprises, including seasonal or transient amusementConditionalConditional
Animal / Vet care hospitalPermittedPermitted
Antique, import or souvenir shopPermittedPermitted
ArcadeConditionalPermitted
Art and artists supply storePermittedPermitted
Athletic and sporting goods store, excluding sale or repair of motor vehicles, motor boats, or motorsPermittedPermitted
Athletic club or gymPermittedPermitted
Automobile repair including paint, body and fender, brake, muffler, upholstery or transmission work, provided conducted within a completely enclosed buildingNoneConditional
Automobile, new or used, sales and service, and Online salesConditional
Conditional
Bakery with retail shopPermittedPermitted
Bank or financial InstitutionPermittedPermitted
Barber shopPermittedPermitted
Beauty and cosmetic business or schoolPermittedPermitted
Bicycle sales and servicePermittedPermitted
Boat sales and serviceNoneConditional
Book store, retailPermittedPermitted
Bowling alleyNoneConditional
Cafe or cafeteriaPermittedPermitted
Camera storePermittedPermitted
Candy storePermittedPermitted
Car wash, automatic or manualConditionalConditional
Carbonated  beverage or non-alcoholic beverage salesPermittedPermitted
Carpet, rug, floor covering, and linoleum sales and servicePermittedPermitted
Cash advance establishmentsNoneConditional
Cash register sales and servicePermittedPermitted
Catering establishmentPermittedPermitted
China, crystal and silver shopPermittedPermitted
Christmas tree salesPermittedPermitted
ChurchPermittedPermitted
Clinics, medical or dentalPermittedPermitted
Clothing and accessory storePermittedPermitted
Coin shopPermittedPermitted
Communication equipment buildingPermittedPermitted
Computer service, printing, and suppliesPermittedPermitted
Convenience storePermittedPermitted
Costume and clothing rentalPermittedPermitted
Dairy products storePermittedPermitted
Data processing or office machine services, sales, and suppliesPermittedPermitted
Daycare, nursery, or preschool, Montessori schoolsConditionalConditional
DelicatessenPermittedPermitted
Department storePermittedPermitted
Detective/security agencyPermittedPermitted
Drapery and curtain storePermittedPermitted
Drug store/PharmacyPermittedPermitted
Dry cleaning establishmentPermittedPermitted
Educational institutionPermittedPermitted
Electrical and heating appliances, fixtures, sales, and serviceConditionalPermitted
Electronic equipment sales and servicePermittedPermitted
Employment agencyPermittedPermitted
Fabric and textile storePermittedPermitted
Florist shopPermittedPermitted
Food Truck Sales
PermittedPermitted
Fruit or vegetable standPermittedPermitted
Furniture sales and repairPermittedPermitted
Garden supplies and plant material salesPermittedPermitted
Gift storePermittedPermitted
Glass sales and servicePermittedPermitted
Golf course/ driving rangePermittedPermitted
Government buildings or usesPermittedPermitted
Greenhouse and nursery, soil and lawn serviceConditionalConditional
Grocery storeConditionalPermitted
Grooming for cats and dogsPermittedPermitted
GymnasiumPermittedPermitted
Hardware storePermittedPermitted
Health clubPermittedPermitted
Health food storePermittedPermitted
Hobby and crafts storePermittedPermitted
Hospital, hospital services, hospital suppliesNonePermitted
HotelConditionalConditional
House cleaningPermittedPermitted
Ice cream parlor or ice salesPermittedPermitted
Indoor Storage FacilityPermitted
Permitted
Insurance agency, stock broker, or investmentsPermittedPermitted

Interior decorating and design establishment

PermittedPermitted
Janitor service and supplyPermittedPermitted
Jewelry store sales and servicesPermittedPermitted
Laboratory, dental or medicalPermittedPermitted
LaundromatPermittedPermitted
Lawn mower and small engine equipment sales and serviceConditionalPermitted
Leather goods sales and servicePermittedPermitted
Legal officePermittedPermitted
LibraryPermittedPermitted
Linen storePermittedPermitted
Liquor storePermittedPermitted
LocksmithPermittedPermitted
Luggage storePermittedPermitted
Lumber yard and building material sales, retail onlyNoneConditional
Manufacture of goods retailed on premisesConditionalConditional
Meat, fish, and seafood retail storePermittedPermitted
Miniature golfConditionalConditional
MortuaryNoneConditional
MotelNoneConditional
Movie theater, indoor onlyConditionalPermitted
MuseumPermittedPermitted
Music storePermittedPermitted
Needlework, embroidery, quilting, or knitting storePermittedPermitted
NewsstandPermittedPermitted
Novelty store, except adult novelties as per definition per sexual oriented businessesConditionalPermitted
Office where no goods are created, exchanged, or soldPermittedPermitted
Office supply store, online office salesPermittedPermitted
Optometrist or optician officePermittedPermitted
Ornamental iron sales or repairConditionalPermitted
Paint or wallpaper storePermittedPermitted
Park and playgroundPermittedPermitted
Pet supply store, pet grooming, and/or pet boardingConditionalPermitted
Photo studio and photo suppliesPermittedPermitted
Physician or surgeonPermittedPermitted
Plumbing shopConditionalPermitted
Popcorn or nut shopPermittedPermitted
Post officePermittedPermitted
Printing, publishing, or reproductions sales and servicesPermittedPermitted
Public BuildingPermittedPermitted
Public utilities substationConditionalConditional
Radio and television sales and servicePermittedPermitted
Radio or television broadcasting stationConditionalConditional
Real estate agencyPermittedPermitted
Reception center or wedding chapelConditionalConditional
Recreation centerConditionalConditional
Rental equipmentPermittedConditional
Restaurant, no alcoholPermittedPermitted
Restaurant, drive-in or drive-thruConditionalPermitted
Service station automobile, excluding painting, body, fender, and upholstery work.ConditionalPermitted
Service station, automobile with car wash as accessory useConditionalConditional
Sewing machine sales and repairPermittedPermitted
Shoe repair or shoe shine shopPermittedPermitted
Shoe StorePermittedPermitted
Spa and massage establishmentPermittedPermitted
SupermarketPermittedPermitted
Tailor shopPermittedPermitted
TaxidermistPermittedPermitted
Telecommunication officePermittedPermitted
Television or satellite array storePermittedPermitted
Temporary building for uses incidental to construction work, such buildings shall be removed upon the completion of the construction work.PermittedPermitted
Thrift storeConditionalConditional
Tire sales and serviceNoneConditional
Tobacco sales, smoke shop, or vapor shopConditionalConditional
Toy store, retailPermittedPermitted
Trailer sales and serviceNoneConditional
Travel agencyPermittedPermitted
Upholstery shopPermittedPermitted
Vehicle rentalConditionalPermitted
Vending boothPermittedPermitted
Window washing establishmentPermittedPermitted
  1. In planned Commercial Zones C-1 and C-2, no building, structure or land shall be used and no building or structure shall be erected which is arranged, intended, or designed to be used for other than any use listed in the respective C-1 and C-2 Zones as a permitted on conditional use and as further limited by the approval of the Planning Commission. Such uses shall be indicated on the final site development plan.
HISTORY
Repealed & Reenacted by Ord. 11-01 on 2/1/2011
Repealed & Reenacted by Ord. 16-03 on 10/4/2016
Amended by Ord. 19-03 on 6/18/2019
Amended by Ord. 21-05 on 7/20/2021

17.28.060 General Regulations

  1. At the time a ‘C" Zone is established and before building permits are issued, deed restrictions on the property covered under the proposed zone shall be filed by the owners of the property with the City Recorder and shall provide that development take place on the property only in accordance with a final site development plan approved by the Planning Commission and City Council and on file with the City Recorder.
  2. A ‘C" Zone may be established only upon land held in single ownership or under unified control or where the Planning Commission determines that development on separate adjoining properties should be coordinated to form a physically unified commercial facility, which will be more appropriate and compatible with the surrounding land, uses.
  3. A ‘C" Zone shall not be establish upon a tract of land which would contain a non-conforming use after the passage of such amendment to the Zoning ordinance unless the development planned for the tract includes the elimination of the non-conforming use.
  4. The location of the ‘C" Zone shall have an acceptable relationship to the City's Transportation Plan as determined by the Planning Commission.
  5. The petitioner or developer shall be required to pay the cost of the construction and/or installation of the following facilities on the streets providing access to the commercial center that may be necessary to control traffic generated by the commercial center.
    1. Street Widening.
    2. Ingress and Egress.
    3. Acceleration and Deceleration lanes.
    4. Traffic control Devices and signs, including channelization.
  6. The determination of standards required shall be made by the City Council after recommendation by the Planning Commission and City Engineer, and the Utah Department of Highways in case of ‘C" Zones bordering State Highways.
  7. The petitioner shall submit to the Planning Commission with the rezoning petition a preliminary development plan for the commercial center showing a unified and organized arrangement and proposed use of buildings off street parking, internal traffic circulation and service facilities, etc.
  8. If required, the applicant shall submit a market analysis acceptable to the Planning Commission and conducted and signed by a recognized and independent market analyst which shall serve as a guide to the Planning Commission for the evaluation of the application or part thereof in terms of:
    1. The need or desirability to amend the City's Zoning Map in the public interest.
    2. The amount of land included in the rezoning application that can be realistically supported in commercial use.
    3. The finding that the proposed development will promote the general welfare of the public. For purposes of this section, a market analysis shall contain the following elements:
      1. The trade area of the proposed development.
      2. Trade area population, present and potential.
      3. Effective buying power in the trading area.
      4. Net potential customer buying power for stores in the proposed development areas serving the trade area.
      5. The residue of buying power to be expended in existing shopping centers or commercial areas serving the trade area.
  9. Prior to the submission of the proposed ordinance rezoning an area to a ‘C" Zone the developer shall submit all evidence deemed necessary by the City Council and/or Planning Commission of his/her ability to undertake the proposed project.
  10. No building or land use permits shall be issued for any use of structure in a ‘C" Zone until a final site development plan for the entire district or for the initial phase of the stage development plan is proposed and has been submitted to and approved by the Planning Commission as complying with the regulations and requirements of this Chapter and all other applicable provisions of this Ordinance. The final site development plan shall show in detail the proposed use, area and location of buildings, off-street parking, internal traffic circulation, landscaping, and service facilities indicated more generally on the approved preliminary development plan.
  11. No changes shall be made in the final site development plan during the course of construction pursuant thereto without first obtaining the prior approval of the Planning Commission. Copies of the approved final site development plan shall be kept on file with the city and any changes that may be approved shall be noted thereon.
  12. The Planning Commission may specify at the time of zoning approval conditions of approval of the final site development plan including the sequence and may require that initial building permits include the major facilities of a proposal.

HISTORY
Repealed & Reenacted by Ord. 11-01 on 2/1/2011

17.28.070 Review

  1. A building permit shall be secured and construction begun in accordance with the approved final site development plan within eighteen (18) months from the effective date of site plan approval. Application may be made to the Planning Commission for one (1) six (6) month extension. Any further applications for extensions beyond these time limits would require a showing to the Planning Commission's satisfaction of unique conditions or situations and of imminent success in tenant leasing and construction commencement. All such applications shall include detailed documentation as to the discussion and reasons for such request as required by the Planning Commission.
  2. 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, institute proceedings to restore the zone to its prior classification or to a zone consistent with the City's General Plan.
  3. All construction authorized in the approved final site development plan shall be completed within three (3) years of the date construction has commenced. A plan for stage development which will require more time than the limits contained herein may be approved by the Planning Commission at the time the ‘C" Zone is recommended or may be approved by the Planning Commission prior to or during the course of construction of the commercial center.
  4. In the event the construction is not completed within the time limit specified herein, the Planning Commission shall review the zoning and development which has taken place and, if necessary initiate proceedings to reclassify the property or part thereof in a manner consistent with the City's General Plan.

HISTORY
Repealed & Reenacted by Ord. 11-01 on 2/1/2011

17.28.110 Parking Requirements

Off-street parking shall be provided by each commercial use as determined and set forth in the municipal code. Where no off-street parking requirements exist in the municipal code for the number of stalls for a commercial use, there shall be provided minimum off-street parking facilities in the ratio of not less than three (3) square feet of parking lot for each one square foot of sales floor area within the commercial use.

HISTORY
Repealed & Reenacted by Ord. 11-01 on 2/1/2011

11-01

15-01

17-03

21-10

21-05

16-03

19-03