SECTION:
13.71.010: Vision And Purpose
13.71.020: Scope
13.71.030: Primary Uses
13.71.040: Accessory Uses
13.71.050: Nonconforming Development
13.71.060: Relocation Of Existing Uses Within The Zone
13.71.065: Project Approval
13.71.070: Project Approval Procedures
13.71.075: Development Standards
13.71.080: Design Guidelines
13.71.090: Illustrations
A. It is intended that the Holladay Village (HV) Zone reflect the vision and goals of the Holladay Village Master Plan of the Holladay General Plan and facilitates a special, unique place for people to gather, shop, recreate, and enjoy the views of the surrounding mountains. The Holladay Village primarily caters first to the residents of Holladay providing goods and services that encourage them to shop and recreate at home rather than outside of the City. It is intended that the character of the Holladay Village become a place of human scaled, diverse land uses within an aesthetically attractive, easily accessible, and economically healthy environment. A pedestrian scale environment will be created through building height and mass, and orienting structures toward the streets and sidewalks. A range of commercial, service, public, and residential land use, including mixed-use is desired. Charming, traditional, early Utah architecture with some flexibility for individual expression employing high quality materials and energy efficiency and site features will create visual interest, encourage greater pedestrian and bike use, and enhance the image and economic vitality of the entire City.
Because the Village is intersected by a crossroads, an inherent conflict between pedestrians and vehicular traffic arises. By creating a walkable Village with a unique character catering equally to pedestrians and vehicles in one or all quadrants of the Village, it is hoped these objectives may be accomplished.
B. Another important goal of the Village is the preservation and enhancement of surrounding residential neighborhoods. These neighborhoods supply much of the patronage of commercial uses within the Village; consequently, care should be taken in the review of development of the Village to protect nearby residential uses from adverse impacts such as uncontrolled traffic, spillover parking, and noise and light pollution. Particular attention shall be paid to Locust Lane-Hugo Avenue, Phylden Drive, Clearview Street, Kentucky Avenue, and Arbor Lane to ensure that most traffic to and from the Village is contained on arterial streets and not through surrounding residential neighborhoods.
To achieve these goals, in part, street level floor space immediately abutting 2300 East, Holladay Boulevard, Murray-Holladay Road, and Laney Avenue between 2300 East and Holladay Boulevard and abutting Holladay Village Plaza, as shown in section 13.71.080, figure 13.71.4 of this chapter shall be retail use only with the exception of small street level lobby areas that lead to upper story uses.
However, it is not the intent of this chapter to impair the rights of existing businesses and property owners. Therefore, land uses and structures legally existing at the time of adoption of this chapter shall be treated as nonconforming uses and structures, except as expressly stated herein. The provisions of this chapter allow lawfully established buildings and uses to continue but limits their expansion or modification unless brought into compliance with the requirements herein except for previously established drive thru uses.
C. To ensure the architectural and aesthetic goals of this section are met, any development within the HV Zone shall first be reviewed by the Design Review Board (DRB). The DRB determines a project’s degree of overall conformity with the architectural design guidelines set forth in this chapter and makes, in a timely fashion, a recommendation. These guidelines are established to create and enhance a sense of place and visual continuity within the HV Zone.
D. Approval of any applicable land use application, as provided for in this chapter, within the Zone may only be given by the Planning Commission. Recommendations of the DRB are non-binding upon the Planning Commission and shall be considered.
E. Appeals from decisions of the Planning Commission or where appropriate as set forth herein, shall be made to the City Council in accordance with the provisions of section 13.08.040 of this title. (Ord. 2012-15, 9-20-2012; amd. Ord. 2014-15, 8-21-2014; Ord. 2021-05, 3-4-2021)
The provisions of this chapter shall apply to any new construction or remodeling for a mixed-use residential or nonresidential use, building, or structure located in the HV Zone. For the purpose of this section, “remodeling” means:
A. Any proposed action that will increase the floor area of the premises;
B. Any interior remodel which includes more than fifty percent (50%) of the structure’s footprint; or
C. Any change in use that requires a change of occupancy type under the applicable building or safety code.
D. The Planning Commission, upon recommendation of the Community and Economic Development Director, may waive applicable requirements of the Zone for buildings or uses that cannot reasonably comply within the context of goals for the Zone due to shape of property, historic nature of structures, or the pre-existing use of a structure. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-05, 3-4-2021)
A. Permitted Uses: The permitted uses allowed in the HV Zone shall be as set forth in chapter 13.100, “Appendix A - Allowed Uses”, of this title.
B. Conditional Uses: Any use legally existing as a conditional use in the HV Zone on the effective date of this chapter, is allowed to continue and is subject to the requirements of the conditional use permit issued for such use. Except as otherwise set forth in section 13.71.060 of this chapter, each conditional use shall conform to the development standards and design guidelines of this chapter and other applicable requirements of this title.
C. Mixed or Combined Uses: (See subsection 13.71.020B of this chapter.) Any mixture or combination of allowed uses may be established within the same building or on the same lot or parcel. If any of the proposed uses are a conditional use, that use shall be reviewed and approved by the Planning Commission as required by section 13.08.040 of this title. Denial of a conditional use within a mixed-use building does not automatically result in denial of conforming use(s) and/or the site plan.
D. Prohibited Uses: Any primary or accessory land use not shown as a permitted or conditional use in chapter 13.100, “Appendix A - Allowed Uses”, of this title shall be prohibited.
E. Hours: None of the foregoing uses shall be open to the public between the hours of twelve o’clock (12:00) midnight and six o’clock (6:00) A.M. except for hotels and bed-and-breakfast uses. (Ord. 2014-15, 8-21-2014; amd. Ord. 2021-05, 3-4-2021)
Permitted and conditional uses set forth in chapter 13.100, “Appendix A - Allowed Uses”, of this title shall be deemed to include accessory uses and activities that are necessarily and customarily associated with and incidental and subordinate to such primary uses allowed by chapter 13.100, “Appendix A - Allowed Uses”, of this title.
A. Accessory uses shall be subject to the same regulations that apply to permitted and conditional uses in the Zone except as otherwise expressly provided in this title.
B. No accessory use, building or structure, shall be allowed on a lot or parcel unless a primary permitted or conditional use is currently established on the parcel except as allowed by section 13.09.020 of this title.
C. Specific accessory uses allowed in the HV Zone are as set forth in chapter 13.100, “Appendix A -Allowed Uses”, of this title. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-05, 3-4-2021)
Notwithstanding any contrary provision set forth in chapter 13.88 of this title, an existing permitted or conditional use which does not conform to the development standards and design guidelines set forth in this chapter may be continued; provided, however, that any expansion of such use which will increase the floor area of the premises, any interior remodel which includes more than fifty percent (50%) of the structure; or any change in use that requires a change of occupancy type under the applicable building or safety code shall be subject to those development standards and design guidelines set forth in this chapter to which it can reasonably comply. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-05, 3-4-2021)
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