17.48: Commercial Zones
Chapter 17.48
COMMERCIAL ZONES
Sections:
17.48.010 General provisions.
17.48.020 Zone development standards.
17.48.030 Landscaping within the general commercial zone.
17.48.040 Fencing and screening.
17.48.050 Storage and merchandise.
17.48.060 Maintenance of premise.
17.48.070 Site lighting.
17.48.080 Architectural design.
17.48.090 Special provisions.
17.48.100 Planned commercial zone.
Section 17.48.010 General provisions.
The Commercial Ordinance is established to promote commercial and service uses for general community shopping. The objective in establishing commercial zones is to provide areas within the City where commercial and service uses may be located. These zones are the General Commercial (CG) Zone and the Planned Commercial (PC-1 and PC-2) Zones.
For a list of permitted uses, refer to the Standard Land Use Table in appendix A.
(Ord. 98-6, Repealed and Replaced, 10/03/2000, Ord 2006-10 adopted 10/4/06)
Section 17.48.020 Zone development standards.
The following development standards apply, except as other wise approved by the Planning Commission for site designs in the CG zone that are consistent with the Lindon City Commercial Design Guidelines.
CG PC 1&2
Minimum lot area in 20,000sq.ft.* 1 acre
Lot setback - front 20 feet 30 feet
Side yard when an adjoining property is in a:
Nonresidential zone:
0 feet 0 feet
Residential zone or existing residential use :
40 feet 50 feet
Street Side Yard (Corner Lot Setbacks):
20 feet 30 feet
Minimum Structure height:10 feet 14 feet
Maximum Structure height:48 feet 48 feet
*20,000 sq. ft. parcels may require shared parking lots
(Ord. 99-6, Amended, 10/04/2000; Ord. 98-6, Repealed and Replaced, 10/03/2000Ord 2006-10 adopted 10/4/2006)
Section 17.48.030 Landscaping within the general commercial zone.
1. Unless otherwise approved by the Planning Commission, a landscaped berm at least three (3) feet high and twenty (20) feet in width of lawn, shrubs, and trees shall be installed and maintained along the right-of-way line of dedicated streets. (Except along 700 North between State Street and the western City boundary line with Pleasant Grove, the measurement of twenty (20) feet in landscaping will be measured from back of walk, or back of curb if no sidewalk exists. Areas with meandering sidewalks will have the 20' measured from back of curb but may not count the sidewalk width as part of the 20' landscape requirement.) Trees shall be planted thirty (30) feet on center in all required landscaped and bermed areas. All landscaping shall be irrigated by an underground sprinkler system. Landscaping requirements concerning berming, trees, and lawn can be changed and/or altered with regard to location upon approval of the Planning Commission at the site plan review stage of an application. Other landscaping layouts consistent with the Lindon City Commercial Design Guidelines may also be considered by the Planning Commission.
2. All off street parking areas in the CG zone shall provide landscaped end islands at the end of each row of parking to delineate all on-site driveways. Each island shall have one (1) deciduous tree, unless the end island is within seventy-five (75') feet of a dedicated street right-of-way or within fifty (50') feet of a store front.
a. No impervious material shall be placed closer than three feet (3') from the trunk of the tree. An underground sprinkling system shall be provided to each tree.
b. All required trees, unless otherwise specified, shall be at least one and one half (1 ˝ ") in caliper, measured one foot (1') above the ground, and shall be at least six feet (6') in height, when planted.
3. Concrete curbing shall be provided between landscaped areas and off-street parking areas that is at least six inches (6") higher than parking area.
(Ord. 99-6, Amended, 10/04/2000; Ord. 98-6, Repealed and Replaced, 10/03/2000, Ord 2006-10, adopted 10/4/2006)
Section 17.48.040 Fencing and screening.
1. A masonry or concrete fence seven feet (7') high, shall be constructed and maintained along any property line between a commercial development and a residential use or a residential zone. The fence shall be constructed and maintained by the owner of the commercial development. In all commercial zones the Planning Commission may approve a landscaping screen in lieu of a fence, a fence other than a masonry fence or approve a fence height greater than seven feet (7') if it makes the following findings:
a. The proposed fence/landscape screen provides an adequate buffer for the adjoining residential use.
b. The appearance of the fence/landscape screen will not detract from the residential use and/or commercial use of the property.
c. The proposed fence/landscape screen will shield the residential use from noise, storage, traffic or any other characteristic of the commercial use that is incompatible with residential uses. The Planning Commission may wave or adjust this fence/screening requirement upon findings that the fence is not needed to protect adjacent residential uses from adverse impacts and that such impacts can be mitigated in another appropriate manner.
2. All required landscaping that abuts frontage on a dedicated street in the CG, PC-1and PC-2 zones shall contain a continuous white vinyl ranch style two (2) rail fence. The fence shall be three (3) feet tall with post dimensions of five (5) inches by five (5) inches with rail dimensions of two (2) inches by six (6) inches. The posts shall be installed eight (8) feet on center with two (2) rails between posts. The fence shall be placed adjacent to State Street and any other dedicated streets in the CG zone and PC-1 zone in a continuous fashion. Placement of the fence shall typically be two (2) feet behind the sidewalk within the required landscaping strip. Any variation to the location of this fence requirement, 17.48.040 (2), may be granted by the Planning Commission.
(Ord. 2000-3, Amended, 10/04/2000; Ord. 99-6, Amended, 10/04/2000; Ord. 98-6, Repealed and Replaced, 10/03/2000 Ord 2006-10, adopted 10/4/2006)
Section 17.48.050 Storage and merchandise.
The storage of merchandise outside an approved building shall be in an area approved as a part of the site plan and shall be within an area enclosed with a sight obscuring masonry or vinyl fence of at least six (6) feet in height. However, promotional displays, vehicle sales lots, and plant materials may be displayed outside of an approved building or enclosed area so long as they are placed adjacent to a building wherein the business displays the bulk of its goods for sale. For outdoor storage areas that are visually obscured, the Planning Commission may consider other types of site obscuring fencing. This subsection shall not apply to temporary site plans under 17.12. Landscaped areas and parking lots shall not be used for the displaying of merchandise. Stacking of merchandise or materials of any kind shall not be allowed to protrude above required walls or fence lines unless approved by a temporary use permit. No outdoor storage can be placed without the site obscuring fence first being installed.
(Ord. 98-6, Repealed and Replaced, 10/03/2000, Ord 2006-10, adopted 10/4/2006).
Section 17.48.060 Maintenance of premise.
1. No excessive or offensive noise, dust, odor, smoke, or light, shall be emitted which is discernable beyond the site or parcel boundary lines in question, except that which emanates from the movement of motor vehicles. Premises shall be maintained in such a manner so as to avoid unreasonable interference with adjacent uses and to avoid public nuisances.
2. No person shall store junk, unlicenced and/or inoperable vehicles, partially or completely dismantled vehicles, or salvaged materials in any commercial zone outside a building.
3. All solid waste storage facilities shall be enclosed with a masonry wall and constructed as per adopted City standards. The minimum access width to a solid waste storage facility shall be fifteen (15) feet.
4. No trash, rubbish, or weeds shall be allowed to accumulate on any lot in the CG, PC-1 or PC-2 zones. The space around buildings and structures in these zones shall be kept free from refuse, debris, and weeds. All waste shall be concealed from view from adjacent property.
5. The architecture, appearance, and aesthetics of all buildings, structures, and edifices in all commercial zones shall be maintained to reasonable upkeep and maintenance standards.
(Ord. 98-6, Repealed and Replaced, 10/03/2000, Ord 2006-10, adopted 10/4/2006).
Section 17.48.070 Site lighting.
1. On-site lighting shall be designed to discourage the occurrence of graffiti and enhance a crime prevention environment and shall not glare into adjacent residential areas. Lighting in parking areas shall not glare into adjacent residential areas.
2. Street lights shall be installed on all public roads according to standards established in the Land Development Policies, Standard Specification and Drawings manual. (Ord. 98-6, Repealed and Replaced, 10/03/2000, Ord 2006-10, adopted 10/4/2006)
Section 17.48.080 Architectural design.
1. Architectural character, street scape, site design and other amenities in the CG zone shall be consistent with the Lindon City Commercial Design Guidelines as presently constituted and as may be amended from time to time.
2. All sides of the buildings shall receive design consideration consistent with the Commercial Design Guidelines, particularly where exposed to vehicular traffic or adjoining properties.
(Ord. 98-6, Repealed and Replaced, 10/03/2000; Ord. 97-7, Amended, 08/17/2000, Ord 2006-10, adopted 10/4/2006).
Section 17.48.090 Special provisions.
1. The requirements of this Section shall run with the land and be binding on successors, owners and tenants so long as the buildings are occupied or the use exists.
2. The owners of a commercial development which contains more than one parcel of record or which has more than one owner may be required by the approving authority to submit documents to the City for approval which assure unified control of the development.
3. Any person who desires to occupy vacant floor space, or to change the use of the floor space shall be required to first obtain a certificate of occupancy from the City. Any person constructing or altering a building in the commercial zones shall first obtain a building permit from the City for such construction or alteration and then shall obtain a certificate of occupancy from the City before the building being constructed or altered is occupied.
4. If the City determines that the developer, tenant, manager, owner or any other interested person, firm or corporation has failed to maintain the premises consistent with all applicable zoning, health, safety, and building codes and ordinances, the City shall so notify said persons, firms or corporation by written notice specifying the deficiency complained of, and unless such failure is corrected to the satisfaction of the City within thirty (30) days, such failure or deficiency shall be deemed to constitute a “public nuisance” which may be abated in any lawful manner including but not limited to the manner set forth in Chapter 8 of Title 10 Utah Code Annotated 1953, as amended.
(Ord. 98-6, Repealed and Replaced, 10/03/2000)
Section 17.48.100 Planned commercial zone.
Approximately between 600 South and 200 South, and 400 West and I-15.
1. Purpose. The purposes of the PC zones are:
a. To provide for development of regional commercial centers that can accommodate retail, office, and service uses in areas that are convenient to the traveling public while protecting the character and quality of adjacent residential areas and the overall community of Lindon.
b. To provide aesthetic controls for building architecture and site development.
c. To provide development guidelines to ensure effective and safe traffic control and movement while creating an aesthetically pleasing traffic environment.
2. Uses within the PC-1 and PC-2 zones shall be allowed as outlined in Appendix A, Standard Land Use Table of the Lindon City Code as presently constituted and as may be amended from time to time.
3. Site development standards.
a. Building and Fence setback: The building setback and fence setback from any dedicated street shall be thirty feet (30').
b. Building Heights: No building or structure shall be higher than forty eight feet (48') including mechanical appurtenances, which shall be properly screened, above the average grade of the street sidewalks adjacent to the property within the PC-1 Zone.
c. Building design and materials. The architecture, design theme, and construction materials of the building’s front elevation shall be applied to all exterior walls of the building. The rear of the building and any portion of the building that traditionally gets less attention to aesthetics shall be enhanced by the same architecture and design theme as those portions of the building that get high visibility from the public, except exterior building striping or similar decor shall not be installed on the rear or side exterior building walls directly adjacent to residential areas. Building exterior materials shall be eighty five percent (85%) brick, decorative stone, fluted block, colored textured block, concrete tilt-up that meets the specific architectural theme for the development, glass and wood. Sheet metal and corrugated metal shall be prohibited, except for trim, soffits, fascia, mansards and similar architectural features. Other materials may be used if approved by the Planning Commission.
d. Building orientation. No building front shall face toward an adjacent residential zone. The only building accesses permitted with orientation toward adjacent residential zones shall be emergency accesses only as required by the Uniform Building and Fire Codes.
4. Landscaping:
a. A Landscaped berm at least five (5) feet high above curb level, of lawn, shrubs, and trees, in width of at least twenty feet (20'), not including the sidewalk, shall be installed and maintained along the right-of-way line of dedicated streets. Trees shall be at least two inches (2") in caliper, measured four feet (4') above the ground, shall be at least eight feet (8') in height, and shall be spaced no more that thirty feet (30') on center. Landscaping and berming requirements concerning trees, shrubs, and other vegetation can be changed and/or altered with regard to location upon approval of the Planning Commission at the site plan review stage of an application. An underground sprinkling system shall be provided to each tree. All landscaping shall be irrigated by an underground sprinkler system.
b. All off street parking areas in the PC-1 zone shall provide landscaped end islands at the end of each row of parking to delineate all on-site driveways. Each island shall have one (1) deciduous tree, unless the end island is within seventy-five (75) feet of a dedicated street right-of-way of within fifty (50) feet of a store front.
c. Norway Maples or Little-leaf Lindens shall be planted a distance of three feet (3') from the masonry fence required in 17.48.040 of this Chapter. No impervious material shall be placed close than three feet (3') from the trunk of the tree.
d. All required trees, unless otherwise specified, shall be at least two inches (2") in caliper, measured four feet (4') above the ground, and shall be at least eight feet (8') in height, when planted.
e. Concrete curbs shall be provided between landscaped areas and off-street parking areas that is at least 6 inches (6") higher than the parking area. The landscaped strip shall have berms that vary in height above the grade of the sidewalk and that meander within the landscaped width.
5. Screening and lighting.
a. Screening: There shall be installed and maintained a seven foot (7') high fence adjacent to a residential zone. The fence shall be constructed of masonry and treated on both sides with anti-graffiti sealant. When a receiving area is within one hundred fifty feet (150') of a residential zone, there shall be installed and maintained a ten foot (10') high fence which shall screen and buffer adjacent residential developments. The fence then shall be constructed from the building to all other areas where a fence is required by this Section. The fence shall be maintained by the owner of the development. In the event a screening method other than a fence is desired see section 17.48.040(1).
b. Lighting: Freestanding lighting fixtures of at least eight feet (8') in height and not to exceed twenty feet (20') in height and producing at least one (1) foot candle of illumination shall be installed and maintained along the street right-of-way lines and designed to shine away from residential developments. The lighting shall be designed to discourage the occurrence of graffiti and enhance a crime prevention environment and shall not glare into adjacent residential areas. Lighting in parking areas shall not glare into adjacent residential areas.
6. Special provisions:
a. Outside storage and display areas: The storage of merchandise or other material outside an approved building is prohibited. Outside display areas shall be approved as a part of the site plan. Landscaped areas shall not be used for the display of merchandise nor storage of materials unless approved by a temporary use permit.
b. Receiving areas (docks): Receiving areas located within one hundred fifty feet (150') of a residential zone shall be located inside an approved building or in an area enclosed on three (3) sides and covered with a roof. Access to receiving docks shall be from the front of the building or from the side of the building, provided the side of the building is not oriented toward an adjacent residential zone. Receiving areas shall be signed to indicate the hours the receiving area is operational and shall be signed to prohibit engine idling when the receiving area is closed. Receiving areas adjacent to a residential zone shall not operate between the hours of 10:00 PM and 6:00 AM unless provisions can be made to bring merchandise into the store through the front or side of the store not oriented toward a residential area. Materials, such as pallets, store fixtures, and other similar items shall not be stored in the receiving area. Any and all venting of the receiving areas shall be to the interior.
c. Solid waste areas: Solid waste dumpsters located within one hundred fifty feet (150') from any adjacent residential zone shall be located in an enclosure, the materials of which shall be approved by the City as a part of the site plan. Pick up of solid waste shall not occur between the hours of 10:00 PM and 6:00 AM.
d. Site maintenance. Except for snow removal, all common area maintenance of the site shall be between the hours of 6:00 AM and 10:00 PM. Snow removal may be conducted on the site any time as necessary.
e. Certificate of Occupancy: No certificate of occupancy shall be issued for any building on any portion of a development until the landscaping is in place or a bond, cash deposit, or equivalent, is deposited with the City conditioned on and guaranteeing the installation of all landscaping shown on the approved site plan. All landscaped areas shall be maintained in a neat, clean, orderly and sightly condition. This shall include proper pruning, lawn mowing, weeding, removal of litter, fertilizing, replacing of dead plants and the regular watering of all plants. Failure to maintain the landscaping as provided herein shall be a violation of this chapter and enforceable as provided by law.
(Ord. 2000-3, Amended, 10/04/2000; Ord. 98-6, Repealed and Replaced, 10/03/2000, Ord 2006-6, adopted 3/22/2006).
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