Chapter 18.40
R&C-1 RESIDENTIAL AND COMMERCIAL (MIXED USE) ZONE
Sections:
18.40.040 Area and width requirements.
18.40.050 Access requirements.
18.40.060 Location requirements.
18.40.080 Utility requirements.
18.40.090 Minimum building size requirements.
18.40.010 Legislative intent.
It is the intent of this zone to provide a location within the town allowing a mixture of residential and office, retail and service commercial activities under conditions not unfriendly to either residential living or the reasonable conduct of commerce.
The zone is to be applied from 2nd South to Highway 137 towards Gunnison, Utah, and to Highway 137 towards Maint, Utah. Any commercial business must have access directly to the main road.
The zone is characterized by a mixture of one-family dwellings which can be interspersed with relatively small office buildings and retail and service/commercial structures in pleasant landscaped settings typical of low-density residential areas.
All parking within this zone is subject to minimum off-street parking requirements set according to policy outlined in MMC 18.48.290.
No portion of any front setback area shall be devoted to off-street parking for any commercial or mixed use. No off-street parking area which requires backing onto the street right-of-way in order to exit shall be permitted. All ingress and egress shall be by forward motion only.
Garbage services will be provided for the residential home; commercial garbage is the responsibility of the business.
Noise restrictions, delivery restrictions, and light restrictions may be put into effect. Any possible nuisance to the residential nature of the location may be a consideration for approval. [Ord. 2018-19-2 § 1; Ord. 1998-99-A § 10-5-12.1.]
18.40.020 Permitted uses.
The following buildings, structures and uses of land shall be permitted upon compliance with the requirements set forth in this code:
A. One-family dwellings, conventional construction.
B. One-family dwellings, manufactured housing, subject to the provisions of MMC 18.48.230.
C. Customary residential accessory structures.
D. Public agency parks and playgrounds.
E. Churches.
F. Household pets, not including kennels.
G. Minor utility transmission projects.
H. Gardens, orchards, and field crops.
I. Privacy fences, walls and hedges subject to the requirements of MMC 18.48.140, as approved by the planning commission.
J. Temporary signs advertising the sale of the premises not exceeding 12 square feet.
K. Foster care homes containing not more than four foster children in a single home with only a few exceptions that relate to sibling groups or previous placement according to Section 62A-2-116.5, Utah Code Annotated 1953.
L. General retail stores and shops providing goods and services for sale at retail in the customary manner. Also, manufacturing and processing activities which are an integral part of and incidental to a permitted retail establishment.
M. Office buildings are permitted with a minimum size of 850 square feet.
N. Commercial recreation enterprises, including movie theaters, bowling alleys, recreation centers, athletic clubs, etc.
O. Accessory signs in accordance with the provisions of MMC 18.48.300.
P. Preschools and day-care nurseries subject to approval of a site plan in accordance with the provisions of MMC 18.48.200.
Q. Long-term care center subject to approval of a site plan in accordance with the provisions of MMC 18.48.200. [Ord. 2018-19-2 § 1; Ord. 1999-2000-I § 1; Ord. 1998-99-A § 10-5-12.2.]
18.40.030 Conditional uses.
The following buildings, structures, and uses of land shall be permitted upon compliance with the applicable requirements of this code and after approval has been given by the designated review agency:
A. Home occupations subject to the applicable provisions of MMC 18.48.180 and prior approval by the planning commission.
B. The raising, care and keeping of limited numbers of animals and fowl for family food or recreation subject to the following:
1. Each lot or parcel upon which livestock or fowl are to be kept shall obtain a designated livestock management area as defined in this code.
2. The total number of animals or fowl kept on any lot shall not exceed five animal units. (See MMC 18.08.020 for the complete definition; briefly, an animal unit equals one horse, one cow, four sheep, four goats, 20 chickens, 30 rabbits.) Twenty-nine thousand square feet shall be required for the first animal unit and a minimum of 20,000 square feet shall be required for each additional animal unit.
3. On any lot which contains a dwelling, the livestock management areas shall not include territory required to meet the area or setback requirements for an appurtenant dwelling (the first 10,000 square feet for a one-family dwelling).
4. All corrals and pens for the enclosure of livestock and all barns, stables, coops, sheds, hutches or similar buildings used for the housing or confinement of livestock or fowl need to be located behind the frontal plane of the home. Also they shall be located not closer than 75 feet to an existing dwelling or other occupied structure located on an adjacent lot or 40 feet to such dwelling or structure on the same lot. Manure has to also be removed regularly and strictly managed to control offensive odors.
5. Where the livestock management area includes a pasture, the fence forming the boundary of the pasture shall be located not less than the minimum side setback distance of the zone from any dwelling or occupied structure located on the same or any adjacent lot. This provision shall apply only as long as the enclosed area qualifies as a pasture. If at any time the enclosed area no longer functions as pasture, the setback provisions of subsection (B)(4) of this section shall apply.
6. The parcel or any portion thereof proposed to be used for livestock raising purposes shall be first approved by the zoning administrator as a qualified livestock management area.
7. For animals other than bovine or equine, partial animal units shall be permitted, to be prorated in accordance with the amount of territory within the livestock management area.
C. Combined residential and commercial projects (separate commercial and residential structures located on the same parcel), subject to the approval of a site plan in accordance with the provisions of MMC 18.48.200.
1. Minimum lot requirement for a combined residential and commercial project will be set as three-quarters of an acre.
D. Recreation vehicle courts subject to the provisions of MMC 18.48.240, and the approval of a site plan in accordance with the provisions of MMC 18.48.200.
E. Residential facility for handicapped persons subject to the provisions of MMC 18.48.270.
F. Public schools, buildings, and grounds not including storage yards, subject to the conditions of MMC 18.48.190. [Ord. 2018-19-2 § 1; Ord. 2017-18-1; Ord. 1998-99-A § 10-5-12.3.]
18.40.040 Area and width requirements.
A. For churches, schools, general retail, office and commercial uses, there shall be a minimum lot area or width requirement that will be the same as the R-2-20,000 zone. The parcel shall have a width sufficient to provide reasonable and safe vehicular ingress and egress to the use and an area sufficient to accommodate the structure, landscape areas, minimum setback, required off-street parking, lot requirements, loading and unloading, all as provided on the site plan provided in accordance with the provisions of MMC 18.48.200.
|
Use |
Minimum Area |
Minimum Width |
|---|---|---|
|
One-family dwellings |
20,000 sq. ft. |
100 |
|
Churches |
2 acres |
200 |
|
Schools |
5 acres |
200 |
[Ord. 2018-19-2 § 1; Ord. 1998-99-A § 10-5-12.4.]
18.40.050 Access requirements.
A. All dwellings and mixed use structures shall conform to the access requirements of the R-2-20,000 zone.
B. Each lot occupied by a retail business, office, or similar commercial use or a combined residential and commercial project shall abut upon and have direct access to a town street. Width of the abutting side shall be as shown on the approved site map. [Ord. 2018-19-2 § 1; Ord. 1998-99-A § 10-5-12.5.]
18.40.060 Location requirements.
All dwellings, retail, office and similar commercial structures shall conform to the side and front setback requirements of 30 feet and frontage requirement of 125 feet. [Ord. 2018-19-2 § 1; Ord. 1998-99-A § 10-5-12.6.]
18.40.070 Height of building.
A. The maximum height of any building shall be 35 feet or two and one-half stories, whichever is higher. Where the ground is uneven in height, the average elevation thereof shall apply. Chimneys, flagpoles, television antennas, and similar ancillary structures not used for human occupancy shall be excluded in determining height; provided, that no such ancillary structure shall extend to a height in excess of 15 feet above the building except when approved by the planning commission as set forth under MMC 18.48.200.
B. The minimum height of a building used as a dwelling shall be not less than 12 feet. [Ord. 2018-19-2 § 1; Ord. 1998-99-A § 10-5-12.7.]
18.40.080 Utility requirements.
All dwellings and other structures to be used for human occupancy shall be served by the town’s water and sewer system in accordance with the provisions of MMC 18.48.260, except in the instance of a commercial building not requiring water for nonculinary purposes. In the instance of combined residential and commercial projects, the town will require separate connections and impact fees for the commercial and residential component. [Ord. 2018-19-2 § 1; Ord. 1998-99-A § 10-5-12.8.]
18.40.090 Minimum building size requirements.
A. Area of Dwellings. The ground floor of any one-family dwelling shall contain not less than 850 feet square feet of living area.
B. Minimum Dimension. The minimum width or length dimension of any dwelling as measured from the outside wall shall be not less than 24 feet. Nonliving spaces such as garages, porches, and sheds shall not be included in determining compliance with this requirement.
C. Commercial buildings restricted according to policy listed above. [Ord. 2018-19-2 § 1; Ord. 1998-99-A § 10-5-12.9.]
18.40.100 Special provisions.
A. Site Plan Required for Commercial Structures to Include Proposed Landscaping. All commercial, combined residential and commercial projects and mixed uses shall require the submission of an approval of a site plan as set forth under MMC 18.48.200. In addition to all other required elements, said site plan shall show the intended landscape and parking treatment of the front and side setback area and all other portions of the site proposed to be devoted to landscaping. Privacy fencing as mentioned above could apply.
B. Conversion of Residential Structures to Commercial Use. Any proposal to convert an existing residential structure or portion thereof to commercial purposes shall require the submission and approval of a site plan by the planning commission in accordance with the provisions of MMC 18.48.200. Existing residential structures or portions thereof proposed to be occupied for commercial purposes shall first be made to conform to the applicable provisions of the building, mechanical, electrical, and plumbing codes for commercial structures.
C. Conversion of Commercial Structures to Residential Use. No commercial structure shall be occupied as a residence without first having a site plan approved by the planning commission. Before granting approval of a site plan, the commission shall make a determination that the proposed structure conforms to all the provisions of the R-2-20,000 zone relating to residential structures, including but not limited to the setback, landscaping and off-street parking provisions.
D. Trash Storage. No trash, used materials, or wrecked or abandoned vehicles or equipment shall be stored. Containers for trash storage of size, type, and quantity needed for a particular business will be left up to the business owner to fulfill and make arrangements for with the approved sanitation company. [Ord. 2018-19-2 § 1; Ord. 1998-99-A § 10-5-12.10.]