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Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v3.2 1 19.04.090 Commercial Zone A. Purpose. The purpose of the Commercial Zone is to provide areas for community commercial development. Such zones cater to local and regional markets and may include limited residential uses as incorporated into a commercial mixed-use development. B. Applicability. This Chapter shall govern the development of land within the Commercial Zone. C. Permitted And Conditional Uses 1. Uses in the Commercial Zone are as set forth in Table 19.XX.X Permitted and Conditional Uses in the C Zone. If a use is not specifically designated in the table, then it is prohibited. Table 19.XX.1 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Residential Uses Multiple-household dwelling P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 19.XX.XX Multiple household dwelling Affordable Housing P Exempt from mixed use development standards as set forth in MKZ 19.XX.XX when not located within 300’ of a major intersection. *A minimum 50% of the multiple household dwellings must be affordable to be deemed Affordable Housing. Multiple household dwelling Mixed-Income Housing. P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 19.XX.XX. Exempt from lot area and lot coverage requirements. *A minimum 20% of the multiple household dwellings must be affordable to be deemed Mixed-Income Housing. Nursing home/ Assisted living P ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v3.2 2 Table 19.XX.1 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Residential Facility For Persons With A Disability P Residential Facility For Elderly Persons P Caretaker Dwelling P Additional use standards apply as set forth in MKZ 19.XX.XX Commercial Uses Animal care, grooming, boarding, daycare, or veterinarian P Outdoor kennels or animal play areas prohibited within 150’ of residential zones. Automobile / recreational vehicle sales or rental C 20,000 sf lot and a minimum 2,000 sf office. 150’ from the nearest property line. We need to make a distinction between inventory lot and regular parking. Buffer C required? Automobile service and repair C Prohibited within 150’ of residential uses and within 1,320’ (1/4 mile) of an established substantially similar business. Does not include any impound, junk yard or vehicle recycling facilities Bank P Drive through windows prohibited within 150’ of residential zones and within mixed- use developments. Drive through windows require a conditional use review. Car wash C Prohibited within 150’ of residential uses and within 1,320’ (1/4 mile) of an established substantially similar business. Check Cashing P Prohibited within 1,320’ (1/4 mile) of an established substantially similar business. Clinic, medical or dental P ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v3.2 3 Table 19.XX.1 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Commercial Entertainment P Outdoor entertainment uses prohibited within 150’ of residential zones. Gun ranges (indoor or outdoor) are prohibited. Commercial daycare P Commercial parking lot/ parking garage C Parking garages shall include non- residential uses for at least 75% of the ground floor facing a public street. Live /Work Unit P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 19.XX.XX. Prohibited within 300’ of a major intersection. Farm Stand P Fuel Station C Prohibited within 1,320’ (1/4 mile) of an existing fuel station and within 150’ of residential zones. Funeral Home / Mortuary P Greenhouse / plant nursery P Gym / fitness studio P Hospital C Hotel P Office P Pawn Shop P Prohibited within 1,320’ (1/4 mile) of an established substantially similar business. Personal Service P ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v3.2 4 Table 19.XX.1 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Reception or event center P Outdoor uses prohibited within 150’ of residential zones. Restaurant/ commercial kitchen P/C Drive through windows prohibited within 150’ of residential zones and within mixed- use developments. Drive through windows require a conditional use review. Retail sales P Retail stores primarily selling tobacco and/ or associated paraphernalia are prohibited within 1,320’ (1/4 mile) of an established substantially similar business. Sexually oriented business prohibited. Retail workshop P Self-storage facility C Prohibited within 1,320’ (1/4 mile) of an established substantially similar business. Additional location restrictions apply as set forth in MKZ 19.XX.XX Senior Affordable Housing P Exempt from mixed use development standards as set forth in MKZ 19.XX.XX when not located within 300’ of a major intersection. Tavern / Bar P Institutional Uses Commercial wireless communication facilities P Only stealth type towers/ accessory structures permitted Public uses P Religious Assembly P Transit station P Quasi-Public Use P ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v3.2 5 D. Additional Use Standards. 1. Caretaker Dwelling is only permitted in accordance with the following standards: a. A caretaker dwelling is only permitted as an ancillary use in association with a primary commercial use. b. The property owner shall record an affidavit stating the caretaker dwelling will not be leased, rented, or sold separately. c. A caretaker dwelling shall consist of a minimum habitable floor area of 600 square feet and not to exceed a maximum habitable floor area of 1,200 square feet. d. The caretaker dwelling is subject to the residential use off-street parking requirements Chapter 19.80 of the MKZ. e. The parking spaces for caretaker dwelling cannot be included in any parking reduction request including shared parking. f. Home businesses with a customer base visiting the caretaker dwelling shall be prohibited. 2. Self storage facilities. No additional self-storage facilities are permitted on the following locations: a. on 3300 South b. on 4500 South, east of 2300 East c. on 3900 South, east of 2300 East 3. Accessory Uses. Accessory uses and structures shall be subordinate/incidental to the main use and structure. Other than food trucks such uses shall not be allowed in the front or side yards facing a street. E. Spatial Requirements . The spatial requirements are as set forth in Table 19.XX.X Spatial Requirements for the Commercial Zone Table 19.XX.1 Spatial Requirements for Commercial Zone Spatial Requirement Single uses When abutting residential zone Mixed Use Minimum lot area None 21,000 sq ft ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v3.2 6 Table 19.XX.1 Spatial Requirements for Commercial Zone Spatial Requirement Single uses When abutting residential zone Mixed Use Minimum lot width None Maximum building height 45’ 45’ (35’ within 100‘ of residential zone) 45’, (35’ within 100‘ of residential zone, 2 story max) Maximum lot coverage¹ 80% 70% Minimum building height 1 story 2 stories Minimum front yard 20’ 20’ 25’ Minimum rear yard None 25’ 25’ Minimum interior side yard None 10’ 10’ Minimum corner side yard 20’ Accessory structure minimum rear and interior side yard 1’ 10’ between buildings 10’ between buildings Maximum Building length None None 200’ ¹No minimum lot area or maximum lot coverage for qualifying Affordable Housing, Senior Affordable housing., and Mixed-Income developments. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 7 F. Site Layout Standards. Development within the C Zone shall meet the following site layout standards: 1. Frontage. Buildings shall be oriented parallel to the street as much as practical. Corner lots are considered to have two front yards. 2. Build-To-Line. Developments within 300’ of a major intersection is required to conform to the following standards: a. Major intersections are defined as those major intersections where Murray- Holladay Rd., 4500 S, 3900 S, and 3300 S intersect with 300 W, West Temple, Main Street, State Street, 500 East, 700 East, 900 East, 1100 East, 1300 East, Highland Drive, 2000 East, 2300 East, 2700 East, and Wasatch Boulevard. b. Build-to-line Distance is measured as a radius from the applicant's nearest property line to the arterial intersection ROW line. c. At least 50 percent of the front elevation of the building(s) must be built within 10 feet of the build-to-line. d. Build-to-lines may not encroach upon the front yard setbacks established in this Chapter. 3. Setbacks. For the purposes of this chapter, where setbacks are measured from a right-of-way containing a fully improved sidewalk, setbacks from a right of way shall be measured from the edge of the sidewalk that is closest to the front facade of the building. Where fifty percent or more of the immediately adjacent lot frontage is developed, the front yard setback shall not be less than the average of existing buildings located within 300 feet on the same side of the street, as measured in both directions from the center point of the frontage to be developed, but a front setback shall never be less than fifteen feet. 4. Entrances. Commercial and residential entrances to the first floor of commercial and mixed use buildings shall front on the street. On double or triple-frontage lots, entrances are required where the greatest amount of pedestrian traffic is anticipated, but in all cases must front on a street. 5. Parking location. No more than one row of parking is allowed between the building(s) and the street within 300' of any major intersection. No parking is allowed between the street and the building in any village center area. 6. Garbage and Recycling. All development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage and recycling per the following standards: a. All developments must provide recycling services. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 8 b. All development is required to screen dumpsters and recycling facilities per the standards of this section as well as the landscape standards as set forth in MKZ 19.77 c. No refuse, recycling bin, dumpster or dumpster enclosure structure shall be located closer than 10 feet (10’) to any perimeter property line. d. Any dumpster / recycling enclosure structure must have a minimum of four sides that reflect or emulate the materials, design, and quality of the overall development and shall be of an opaque materials of a height sufficient to screen the contents from view. 7. Utilities. All utilities shall be located underground. Utility equipment shall be screened from view. 8. Perimeter Fencing. Fencing is required for non-residential uses located adjacent to residential zones and mixed-use developments per the following standards: a. Acceptable fencing materials include architecturally designed brick, stone, or block, or pre-cast concrete. b. Fencing with materials using composite products, wrought iron, wood, or vinyl is permitted if accompanied by a minimum two foot wide, six foot tall brick or stone pillars spaced every ten feet on center. c. Exterior fencing along a public right of way shall be limited to brick, stone, or block, or pre- cast concrete and be setback a minimum of 5 feet from the property line to allow for a landscaping buffer designed in accordance with MKZ 19.77. 9. Lighting. (Relocate to supplemental standards) a. Interior Street Lights. Street and pedestrian lighting for streets on the interior of the development is required. All lighting fixtures shall be directed downward with mechanisms to prevent dark sky illumination. The applicant must submit a photometric plan for review which indicates the type and location of lights in relation to the development and designed for pedestrian safety. Minimum Average Foot-Candles for interior streets shall be 0.3 and the fixture height shall not exceed 25 feet. No on-site light poles may be located closer than 10 feet from the public right of way. b. Dark Sky Compliant Lighting Required. All lighting fixtures, including streetlights and pedestrian lighting, shall be directed downward with mechanisms to prevent dark sky illumination. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 9 G. Building massing standards. Development within the C Zone shall meet the following building massing standards: 1. Stepbacks. Buildings greater than 35 feet (35’) in height shall have a 10 foot (10’) stepback between the first or second stories and third story when along Streets, Property Frontages, and Residential Zone Boundaries. 2. Massing and Façade Articulation. All buildings shall be designed to have at least three of the following massing or façade articulation design elements: a. Visual breaks along the street-facing façade such as horizontal articulation in the plane of the façade by at least 2 feet. b. Change in height at the top of the building by at least five feet for every thirty feet (30’) of façade length. c. Changes in materials, color, texture or pattern for greater than 50 percent of the building facade. d. Indentations /recesses at least 5 feet in depth along the street facing facades at 75 foot intervals. e. Unless required as a stepback, usable terraces (a larger balcony intended as a private resident leisure space or commercial leisure space) at least 10 feet in depth along the street facing facades. f. Columns or pilasters with a minimum 4-inch horizontal depth from the plane of the façade and spaced at a minimum interval of 50 feet. g. Vertical landscaping on trellises attached to the wall that cover at least 20 percent of a wall facing a street. h. Stepbacks where not otherwise required. 3. Measurement of Building Height is measured from the natural grade original ground surface to the highest point of the roof, including firewalls, parapets, skylights, towers, steeples, flagpoles, shade structures, and all other architectural features. H. Building Materials Standards. Development within the C Zone shall meet the following building materials standards: 1. Windows. a. Windows shall constitute at least 50 percent of first floor street- facing facades, and windows shall be at least 50 percent transparent. b. On double or triple-frontage lots, living screens may replace up to 50 percent of the window requirement for the façade along the lowest anticipated pedestrian traffic frontage. c. Windows shall constitute at least 25 percent of all upper story street-facing facades. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 10 2. Exterior Materials. a. Exterior materials of a durable or resilient nature such as brick, stone, stucco, prefinished panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. b. No single material is allowed to exceed 50 percent on all street- facing facades, excluding windows. Other materials may be considered for soffits, or as an accent or architectural feature. Twenty-five year guarantee, architectural shingles and/or other longer lasting roof materials are required. c. Stucco, EIFS, unfinished concrete, or metal siding shall comprise no more than 20 percent of any façade visible from a street or from an abutting property that is located in an R-1, R-2, R-4, or AG zone (“residential zone”). d. A change of materials is required between the ground story and all upper stories. I. Design Standards for specific uses. The following standards are applicable to the uses specified in addition to the development standards in this Chapter. Should conflicts occur, the more restrictive shall apply. 1. Fuel Station Design Standards: a. Fuel pumps shall be set back not less than twenty-four feet from any street property line, and not less than thirty feet from any residential zone boundary line. b. If the fuel pump island is set at an angle on the property, it shall be so located that automobiles stopped for service will not extend over the property line. c. Fuel pump canopies shall be set back no less than 4' feet from any required setback. 2. Hotel Design Standards: a. Hotels shall have a prominent porte-cochere or portico, incorporating the materials used in the main building. b. Stucco is prohibited on any façade visible from any street or Interstate freeway interchange or travel lane. c. Wall openings, such as windows and doors, located in lobbies and other common rooms, shall comprise at least 25% of the front façade. d. Massing and Façade Articulation for hotels shall have at least five of the façade design elements listed in MKZ 19.04.090 G Building massing standards. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 11 e. Up to two facades may have a maximum building length of 200 feet and all additional facades may have a maximum building length of 150 feet. f. No more than one row of parking is allowed between a hotel and any street it fronts. g. Access to guest rooms shall be restricted exclusively to interior corridors, which shall be accessed via the main lobby of the building or individually equipped with some form of security- controlled access system. 3. Mixed-Use Development Standards. All mixed-use developments shall meet the following standards: a. Minimum Frontage Requirement. If the mixed use development includes residential uses, the mixed use site must have a minimum of 100 feet of frontage along a major collector, minor arterial, or other principal arterial road as identified in the Roadway Functional Classification Map of the Millcreek Transportation Master Plan. b. Finished Floor Elevation. The finished floor elevation of a ground floor commercial space fronting a street shall be no lower or higher than two feet from the street elevation, as measured at the edge of asphalt, or top of curb, where a building abuts a public sidewalk. c. Parking. Parking shall meet the requirements as set forth in MKZ 19.80 Parking and Mobility Standards. In addition, the following standards apply: i. Entry Gates Prohibited. Vehicular entry gates are prohibited as part of any mixed use development containing residential uses, unless the gate services a structure or podium. Gates must be situated in a manner that does not pose a traffic hazard due to vehicle queues waiting to enter through the gate. ii. Tandem Spaces in Podiums and Structures. Tandem spaces in conjunction with garages may be allowed only for residential uses with a minimum size requirement of 20 feet in length and 9 feet in width per parking space, up to a maximum of two contiguous spaces for each unit. iii. Tandem parking or parking in a private garage or driveway shall not be counted as guest parking or commercial user parking. d. Minimum Commercial Floor Area Required. Mixed-use developments are required to have commercial uses per the following standards: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 12 i. A mixed-use development shall have at least 1,500 square feet of commercial floor area. ii. Minimum First Story Height for Ground Floor Commercial Space. Ground stories containing commercial space, including live/work units, shall be at least 12 feet in height. e. Residential standards. Residential facilities shall follow the standards as set forth in 19.XX Residential Mix (RM) Zone except as follows: i. Front Door Weather Protection. All exterior front doors serving individual dwelling units shall include a canopy, porch, or portico to provide protection from adverse weather, with a dimension of not less than four feet by four feet. ii. Open Space. Common open space shall be provided for residential uses in the amount of at least 20 percent of the gross site area of the building or development. For purposes of this section, gross site area is defined as the total area of the mixed use development excluding anything in the public right of way. The required common open space shall be usable land areas that are not occupied by buildings, dwellings, structures, parking areas, streets, public park strips, curbs, gutters, sidewalks, walking paths, driveways, or alleys and shall be accessible by all residents of the mixed use development. Buildings erected for the principle purpose of providing an amenity, or required interior common amenity spaces may be included as open space. Said open space may be an area of land or water set aside, or reserved for use by residents of the development, including an expanse of lawn, trees, plants, fully accessible landscaped roof areas, or other natural areas. Common open space also includes formal picnic areas, and recreational areas. Common open space may be distributed throughout the development and need not be in a single large area. Open space amenities and gathering shall reflect the market that the development is attempting to attract. Projects with over twenty dwelling units shall include a single and contiguous landscaped passive open space sufficient for outdoor activity with a minimum area of 5,000 square feet. Developments that include Affordable Housing, Senior Affordable Housing or Mixed-Income with fewer than 50 units or located on less than 1 acre in area are exempt from including a single and contiguous landscaped passive open space sufficient for outdoor activity with a minimum area of 5,000 square feet. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 13 f. Additional Standards for Vertically-Integrated Mixed Use . A vertically-integrated mixed use building shall consist of commercial uses on the ground story with residential uses or office uses on upper stories and is subject to the following standards: i. Commercial Frontage and Minimum Depth of Ground Story Commercial Space. No less than 50 percent of the building’s front façade shall be occupied by commercial uses. Such commercial uses shall utilize one of the following configurations: a. Commercial spaces with a minimum depth of 30 feet as measured perpendicular to the frontage shall occupy at least 80 percent of a building’s ground floor front façade. b. Commercial spaces with a minimum depth of 40 feet as measured perpendicular to the frontage shall occupy at least 50 percent of a building’s ground floor front façade. c. Commercial spaces that occupy a minimum of two stories and shall have a minimum depth of 30 feet as measured perpendicular to the frontage and shall occupy at least 50 percent of a building’s ground floor front façade. In no event shall the minimum required commercial square footage be less than 3,000 square feet. d. Commercial spaces in a live/work unit shall have a minimum depth of 12 feet as measured perpendicular to the frontage, provided the commercial space in a live/work unit is a minimum of two stories and is not located within 500 feet of a significant commercial area as defined in MKZ 19.XX. ii. Ground Story Use Requirements. The ground floor of a mixed use shall comply with the following requirements: a. Live/Work Units. Live/Work units may be used to meet the requirement for commercial uses, provided that the entire ground floor of the live/work unit meets the design and use criteria listed in this chapter, and is operated as an allowable commercial use in this Chapter. Commercial spaces in a live/work unit that are used to calculate the minimum commercial use or frontage requirements provided in this chapter shall not be used for residential purposes, parking, or storage ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 14 b. Residential Amenities as Commercial Uses. For the purposes of this chapter, leasing offices serving on-site residential and commercial uses, lobbies, required parking, elevators, stairwells and any residential amenity spaces are not considered commercial uses. g. Additional Standards for Mixed Use in a Unified Site Plan. A unified site plan shall consist of separate residential and commercial buildings, some of which may be vertically-integrated mixed use buildings, in a site plan that features consistent approaches to lighting, landscaping, signage, building design, and materials use. i. Commercial buildings in a unified site plan must occupy at least 30 percent of the gross ground story floor area of the unified site plan, and must occupy at least 50 percent of the of the building frontages along a right-of way. Commercial spaces of at least 1,500 square feet in ground floor area must occupy at least 50 percent of the building frontages along a right-of-way. ii. Vertically-integrated mixed use buildings in a unified site plan shall meet the requirements of vertically-integrated mixed use buildings, and shall abut a public right-of-way. h. Additional Requirements for Commercially Significant Development Sites. i. A site is determined to be a Commercially Significant Development if any of the following apply: a. The development site is greater than one acre is area. b. The development site is located within a Village Center, Retail/Office, or Employment/Commercial Future Land Use Designation on the adopted Millcreek Future Land Use Map c. The development site is located within 600 feet of the following intersections, as measured as a radius from the nearest property line to the intersection right of way line: i. 4500 South and Highland Drive ii. 2000 East and 3300 South iii. 900 East and 3300 South ii. Any Mixed-Use Development on a Commercially Significant Development Site shall meet the following requirements: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 15 a. The development must include commercial uses for at least 30 percent of the mixed use development’s gross floor area of buildings adjacent to a street. b. Frontage Requirements. Commercial uses are not required on facades of mixed use developments that are not located on a street identified in the Millcreek Transportation Master Plan Roadway Functional Classification Map as a Major Collector, a Minor Arterial, or an Other Principal Arterial. c. Live/Work Units. Live/Work units may be used to meet the requirement for commercial uses, provided that the entire ground floor of the live/work unit meets the design and use criteria listed in this chapter, and is operated as an allowable commercial use in this Chapter. Commercial spaces in a live/work unit that are used to calculate the minimum commercial use or frontage requirements provided in this chapter shall not be used for residential purposes, parking, or storage. d. Parking and Vehicular Access. In addition to meeting the requirements of MKC 19.80, Required Residential Parking shall be located in an Enclosed Parking Structure, Podium, Private Garage, or Carport. Definitions (to be moved) Multiple-household dwelling unit "Multiple-family dwelling" or “Multiple Dwelling Unit” means a building arranged or designed to be occupied by more than four families or households. Market rate housing is defined as housing that is part of a proposed development that is based on existing area market values and demand which does not rely on any kind of subsidies or government assistance. Affordable housing is defined as a development that is the recipient of a low income housing tax credit or other public financing and in which all units in the project provide affordable housing to a target population with a household income less than or equal to 80 percent of Salt Lake County's area median income for a time period of at least 30 years. Mixed income housing is defined as housing that is part affordable housing and part market rate housing. Nursing Home /Assisted living means an establishment where persons are lodged and furnished with meals and assistance and/ or nursing care. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 16 Residential Facility For Persons With A Disability "Residential facility for persons with a disability" means a residence: In which more than one person with a disability resides; and Is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities, Utah Code, Unannotated; or licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, Utah Code, Unannotated. Residential Facility For Elderly Persons means a single-family or multiple-family dwelling unit that is occupied twenty-four hours a day in a family-type arrangement by eight or fewer elderly persons sixty years old or older capable of living independently. Such facility shall be owned by one of the residents or by an immediate family member of one of the residents or the title has been placed in trust for a resident. Placement in such facility is on a voluntary basis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution. No person being treated for alcoholism or drug abuse may be placed in such a facility. The structure shall be capable of use without the residential character being changed by exterior structural or landscaping alterations. Each facility shall not be located within three-quarters mile of another residential facility for elderly persons or residential facility for handicapped persons. This use is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with applicable health, safety, and building codes. Caretaker Dwelling Caretaker dwelling means no more than one dwelling unit that is under common ownership and is attached or internal to the main building and its commercial and is used for the accommodation of an employee, business owner and person under contract of the commercial use and main building for security or maintenance purposes. Animal care, grooming, boarding, daycare, or veterinarian means a facility where dogs, cats or other domestic animals are provided care such as grooming, daycare, overnight boarding, or diagnosis and medical treatment. This includes surgical procedures and may include overnight accommodation on premises for treatment, observation and/or recuperation. Automobile / recreational vehicle sales or rental A business involved in the sale, leasing, and rental, of new or used automobiles, commercial vans, trucks, semi-trailer trucks, or boats. This use may also include service, repair, and washing, which may take place on-site in conjunction with this use. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 17 Automobile service and repair means an establishment primarily engaged in providing motor vehicle repair and maintenance, including activities such as lubrication, oil and tire changes, engine tune-ups and repair, brake repair, tire replacement, installation of after-market accessories such as window tinting, transmission or differential repair, automotive painting, and body and fender work. Bank An establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. This classification includes credit unions, savings institutions, and Automated Teller Machines (ATMs) located within a fully enclosed space or building, or along an exterior building wall intended to serve walk-up customers only. Bar means a business establishment as defined in title 32B, Utah Code, as amended. Car wash A self-service or full-service facility for washing, cleaning and drying vehicles including automobiles, buses, or recreational vehicles. Check Cashing "Check cashing" means cashing a check for consideration or extending a deferred deposit loan (as defined by the Check Cashing Regulation Act of the Utah Code) but does not include the activities of depository institutions or persons who cash a check in a transaction that is incidental to the retail sale of goods or services for consideration that does not exceed the greater of one percent of the amount of the check or one dollar. Clinic, medical or dental means an establishment where patients receive consultation, diagnosis, and treatment by doctors, dentists, or similar practitioners. This use includes medical services offered exclusively on an outpatient basis, including emergency services such as urgent care centers, and licensed facilities offering substance abuse treatment, blood banks, plasma donation centers, physical therapy and rehabilitation, and medical/ dental laboratories. Commercial Entertainment means one or more recreational activities or uses, either indoor or outdoor, operated as a business and open to the general public for a fee. Commercial entertainment facilities include but are not limited to arcades, billiard halls, bowling alleys, theatres, skating rinks, sport court facilities, trampoline parks, miniature golf course, axe- throwing, go-cart tracks, and performance venues. This definition does not include gun ranges, indoor or outdoor. Commercial daycare means a facility not located within an occupied dwelling where children, or elderly and/or people with special needs, receive care from a person qualified by the state to provide supervision, protection, pre-school instruction, or similar care for a period of less than 24 hours per day. This includes nursery schools, childcare centers, Montessori schools, private pre-kindergartens, and play groups. A commercial daycare may be located within commercial spaces of a mixed use building but may not occupy residential units. This definition excludes care for persons who are violent or being treated for alcoholism or drug abuse. Placement in a day care/preschool center may not be part of or in lieu of confinement, rehabilitation or treatment in a correctional facility. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 18 Commercial parking lot/ parking garage "Public garage" means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles. Live /Work Unit means a unit which contains separate residential and non-residential areas intended for both residential and non-residential uses concurrently, and shares a common wall or floor with direct access between the residential and non-residential areas. Farm Stand means a kiosk or temporary structure engaged in the sale of agricultural products produced or grown on site such as fruits, vegetables or eggs and is typically seasonal. Fuel Station A facility for the retail dispensing and sale of vehicle fuels, including gasoline, gas/oil mixtures, diesel fuel, ethanol, or compressed natural gas through fixed dispensing equipment, operated by customers or employees. Accessory uses may include the sale of convenience items, food, lubricants, car washes, and similar accessory uses Funeral Home / Mortuary A place for the storage of human bodies prior to their interment (burial, cremation, aquamation, or other similar preparation), or a building used for the preparation of the deceased for burial and the display of the deceased and associated ceremonies prior to interment. Greenhouse / plant nursery means a facility or structure used for the cultivation of trees, shrubs or other plants that are grown for the purpose of retail or wholesale trade. This may also include the accessory sale of soil, planting materials, garden equipment or other similar material. Gym / fitness studio means a facility where members or nonmembers use equipment or space or receive instruction for the purpose of physical exercise, fitness, flexibility, and/or weight control. Facilities may include amenities such as whirlpools, saunas, and massage rooms, as well as locker rooms, and showers. Gyms and fitness studios may also cater to children with instruction classes and lessons, as well as free play areas. Hospital means an institution licensed by the State of Utah which provides diagnostic, therapeutic, surgical, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one or more physicians. Any medical clinic or professional office which offers any inpatient or overnight care, or operates on a twenty-four (24) hour basis shall be considered a hospital. A hospital may include integral support service facilities such as laboratories, outpatient units and training and central services, together with staff offices necessary to the operation of the hospital. Includes both general acute and specialty hospitals and must be licensed by the Utah Department of Health pursuant to the Health Care Facility Licensing and Inspection Act. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 19 Hotel means a non-residential building or group of buildings designed for and occupied as a temporary dwelling place of individuals and providing short-term occupancy. Services including daily housekeeping and upkeep of furnishings must be provided. Meeting rooms, fitness facilities, recreational facilities, and dining services shall be permitted as accessory uses within the buildings. This definition shall not include bed-and-breakfasts. Office means a place where transactions of business for a profession occur including, service, industry, or government. Office uses include, but are not limited to: Architecture/Engineering/Design, Building Contractor (office only), Business Consulting Charitable Institutions, Computer Programming & Support, Detective Services, Employment Agency, Financial & Insurance Government Offices, Legal Services, Management Services, PR & Advertising, Property Development, Radio & TV Studio, Real Estate, Recording & Sound Studio, Research & Development, Research Agency, Surveying.This definition of office use excludes medical and dental office uses. Pawn Shop means an establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property. Personal Service means an establishment primarily engaged in providing personal care services, including barber shops, beauty salons, piercing and tattoo studios, tanning salons, spas, licensed massage therapy studios, educational tutoring facilities, laundromats, and dry cleaners. Reception or event center A commercial or non-profit facility that can be rented to accommodate groups of people for entertainment, conferences, weddings, and similar activities. Restaurant/ commercial kitchen means a place of business where food is prepared and cooked. The food prepared may be served to the general public for consumption on the premises, inside or outside, or made available for consumption off site via delivery, pick up, or catering services. Retail sales Retail Uses A category of uses involving the retail sale of goods or merchandise to the general public for personal or household consumption. Retail sales include, but are not limited to: apparel & accessory store art and craft supply, book store, hardware, garden supply, camera & photo supply store, convenience store, pharmacy, gift, souvenir, grocery store, office supply, optical goods, paint & wallpaper, pet supply, specialty food market of all types, copy store, toy shop, automotive supply (no service), department store, gun shop, home furnishings & accessories sales, rental supply, medical supply, heating, air conditioning & plumbing supplies, cabinet supply (display only), machine sales and rental, agriculture equipment and supply, electrical supplies. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v3.2 20 Retail workshop means an establishment with retail offerings that also provides repair services/ custom manufacturing of specialty items. Examples include bicycle repair, computer repair, jewelry repair, shoe repair, tailoring, custom picture framing, furniture repair, musical instrument repair, florist shops or other similar specialties. Self-storage facility means a building containing separate, individual, compartmentalized storage units that can only be rented or leased for the storage of customers' household goods. Tavern means a business establishment as defined in title 32B, Utah Code, as amended. Commercial wireless communication facilities means a commercially operated unmanned structure which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached. Public uses means a use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety or general welfare, and including uses Quasi-Public Use means a use operated by a private nonprofit educational, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as private schools and universities, and similar uses.