Rob Dalley stated that we need Bryan Pack's help on checking into bar establishments and the BAC. Bryan Pack stated that he would need to review that. Rob Dalley stated the distance within certain facilities is 200 feet. Bryan Pack stated that the new law allows City Council to relax that requirement for certain facilities. Churches and schools are a fixed distance, but a park area could be a reduced distance. Chair Perry Brown inquired if we want those kind of establishments within the Neighborhood Commercial zone? Commissioner Brandon Weight stated that the State shows ten categories: restaurants, bar establishments, hotels, resorts, reception areas, banquet facilities, airport lounge, beer retailers and manufacturing distribution. Commissioner Dave Robinson stated that is what we need to understand to be able to write it into our code. Wedding venue areas are separate and something we may want to consider. Commissioner Brandon Weight stated there are three licenses. On and off-premises retail license, a manufacturing distribution license and two permits, a special use permit and single temporary event permit. Before applying at the State level they need approval by the City. Rob Dalley stated we have the same question on bar establishments. Bed and breakfast is next. Is it okay to put a bed and breakfast in the Neighborhood Commercial zone? Is parking an issue? It is transient in nature. Commissioner Dave Robinson stated theoretically we have specific laws already within the City for a nightly rental. There would need to be an on-site manager or there within so much time. Rob Dalley stated this is for bed and breakfast where the owner lives there. Chair Perry Brown stated primarily an individual house that rents their room and provides breakfast to those that stay there. This is on to ask if you feel parking or a lack there of could be a problem? Commissioner Dave Robinson stated we need to address what parking is required, so as to not let people clutter up the street. Every house for two blocks in front of the farmers market in St George has a car parked. It is the only place people can park. He is not against it but we need to accommodate parking. Rob Dalley stated we allow parking on the street for a certain time. Chuck Gillette stated that we do have a designated bed and breakfast section that states one additional parking space per room. Commissioner Pam Gardiol stated we spoke about home-based businesses and the impact on neighborhoods and their normal environment. This would be similar. How much of the land would end up being parking? How does it fit into the surroundings? Chuck Gillette stated it could not be more than three rooms. Rob Dalley stated home-based businesses people come for an hour or so and then they leave. This would be overnight. Commissioner Perry Brown stated if this is a commercial zone, there is parking for whatever is there and we have rules for that and so we are in good shape. Commissioner Pam Gardiol stated that based on this discussion she is comfortable leaving it as a Class IV. Rob Dalley stated Commercial Daycare and Preschool Center is not allowed at all in the Neighborhood Commercial. Commissioner Dave Robinson stated he thinks it should be allowed. Commissioner Pam Gardiol inquired if it excluded because of noise level? Rob Dalley stated that this use may be allowed now when it wasn't before because the populous has changed. What Class do we want it to be at? Commissioner Dave Robinson stated because they have State regulations we don't really need more oversight. Maybe a Class III. Chuck Gillette stated take the word "secondary" out. Is it the age of the kids? If we don't know what it means, we should definitely take it out. Bryan Pack stated it is in other columns as well. Chair Perry Brown stated it could maybe mean secondary to the home. Chuck Gillette stated home daycare is technically allowed in any home. Let's take it out or define it. Commissioner Pam Gardiol stated assisted care center for 14 years or older does not have the word "secondary". Convenience store does. Bryan Pack stated if he had to guess, it means it is not a primary use. If I see secondary that means there needs to be a primary use. It is vague and there is no meaningful standard. If we intend to make it a secondary use, we should say there needs to be a primary use allowed. This doesn't say that anywhere. Commissioner Pam Gardiol stated we can strike all the words "secondary" based on that rationale. Commissioner Brandon Weight inquired if someone can have part of their residence be a secondary use? Bryan Pack stated this is in the Commercial Table of Uses. It would not apply to residents. Chair Perry Brown stated strike it. Rob Dalley stated Daycare Center/Assisted Care Center is a Class IV. This is for fourteen and over. Commissioner Dave Robinson stated his Dad had dementia and during the day a care center would watch him because he couldn't be left alone. This has a lot less oversight so having it be a Class IV makes sense. We are not an expert on this but there is not as much State oversight on this level. Rob Dalley stated we would need to have all the information anyway. On the adult side, they need more scrutiny. Commissioner Pam Gardiol inquired how would they integrate into the community? Is there oversight through TRC where we are certain that it aligns with our standards and practices? Chuck Gillette stated that if it an allowed use, we have to allow it. The purpose of a Conditional Use Permit is to set conditions upon the use to mitigate against any potential impacts to the community. That would be the reason to bring it to the Commission is if you think there are conditions you would like to establish. Commissioner Pam Gardiol stated that she thinks it should be in both daycares to come to the City. Chuck Gillette stated if you can't think of any conditions to add, then it should be a Class III but if you think there could be impacts, we can bring it to the Commission to list those conditions. Commissioner Pam Gardiol stated she is comfortable having them both be a Class IV. Rob Dalley stated in Neighborhood Commercial the daycare is not even allowed right now. Chair Perry Brown stated leave it as a Class IV so it comes to the Commission. Commissioner Brandon Weight stated that Tuacahn is a primary theater and secondary is retail. He doesn't think we should just strike it. Bryan Pack stated the word secondary doesn't affect it. It is the same use for the same class. If that is our intent, let's just say that rather than guess what secondary means. Rob Dalley stated your recommendation is to asterisk this, with a definition of "secondary" at the bottom of the table? Bryan Pack stated if you don't ever want to see something as a primary use in that zone you would leave secondary there. It actually limits that. Rob Dalley stated right now it is not allowed in Neighborhood Commercial. Chuck Gillette stated or Commercial or in Commercial Light Manufacturing. Commissioner Brandon Weight stated what if I have a gym that has a daycare use for my patrons? If I have a gym, I don't need to come to the City to get a daycare going? Bryan Pack stated "secondary" still doesn't need to be there. We define it as an accessory use. You still come to the City. Commissioner Pam Gardiol stated that makes more sense calling it an accessory use than secondary. Bryan Pack stated a facility identifies all the uses they will have. We know what is going in. If they come back to us, and want to add something, they get a new Conditional Use Permit if there is an impact that is different than what the original first permitted. The word "secondary" does not help us. If someone changes what they are doing and it is a material change with a greater impact that needs to be reviewed. Chuck Gillette stated we can only deny if there is no reason to mitigate the impacts. Commissioner Dave Robinson stated no matter what it was used for, or who wrote it, or where it came from, we can't define it. "Secondary" needs to go. We don't know the original intent. We are just guessing. If we are going to write something different for it that is fine. The Commission agreed. Bryan Pack stated if you look at a small change and no big impact that would be allowed on the staff level. He can't think of a reason it is there. Commissioner Pam Gardiol stated we will tentatively strike it and see if we need to revisit that. Rob Dalley stated that the next one is Dwelling-Neighborhood Commercial with a max of two dwellings units allowed. We collectively took this one from a Class IV and removed it completely. Commissioner Dave Robinson stated he thinks we removed that because of the height limitations in our area. It is nearly impossible to make that scenario work out. Bryan Pack stated if they are all "X" we won't need to show the row anymore. Rob Dalley stated that home-based businesses is being revised. Our Fire Department wants to be able to go in and make sure there is proper fire gear in these home businesses. Cade Visser won't be able to get to revising this until after the budget is complete. Commissioner Pam Gardiol stated hyphenate home-based. Rob Dalley stated household pets we "X'd" out. Commissioner Dave Robinson inquired why is this even in here? Strike it and remove the whole section. Rob Dalley stated we are working on the Neighborhood Commercial right now. Bryan Pack stated it doesn't make sense to put it in the table of uses when 16.12.112 has sufficient language that now covers that and we allow household pets. Commissioner Brandon Weight inquired what about a petting zoo? That is a commercial business. Would that need regulating? Bryan Pack stated if we don't specifically allow a use, it is prohibited. They would need to get that added as a potential use. State law requires us to consider adding that to to our table of uses but now it would be a use that we would allow under certain conditions. Commissioner Brandon Weight inquired what if we change "household" to "domesticated"? Bryan Pack stated we have a code section that covers domestic livestock and fowl. Commissioner Dave Robinson stated if that occurs they would bring it to us. Still strike it. Rob Dalley stated next is Light Manufacturing. We have said no but there was a lot of discussion. Commissioner Dave Robinson stated this needs to be allowed in Neighborhood Commercial. Things that do not create noise, smoke or fumes. Like jewelry, sewing, quilt shops. This would be a perfect place for it. Commissioner Pam Gardiol stated change it to a Class II subject to requirements of Chapter 15 of this title. Bryan Pack stated yes it if you are comfortable with it just goin to the Zoning Administrator. Commissioner Brandon Weight stated this is for fabrication, not assembly. Commissioner Dave Robinson stated a lot of businesses are now allowing people to come in and they have all the supplies. That would be manufactured in-house. Chuck Gillette stated that the Commercial Light Manufacturing zone is for those specific uses. If it bleeds out, we may not need the Commercial Light Manufacturing zone other than Sexually-Oriented Businesses are still held in that zone. We have to have one zone that it is allowed in. Rob Dalley stated that those are listed at a maximum floor area of 3k square feet. Commissioner Brandon Weight inquired quilting should not have to get a special license to work, or make jewelry. Chuck Gillette stated you may not want those in Commercial Light Manufacturing if you are worried about that being excluded from other zones. Commissioner Brandon Weight stated if I make t-shirts and I manufacture those, I have to come get a permit. He thinks that is ridiculous. Bryan Pack stated even a retail store gets a permit. You are getting a permit anyway because you are going to sell those. Getting a business license is also required because we have a table of uses that shows who is approving it. We don't go through adverse impacts on business licenses. That comes in with a Conditional Use Permit. Commissioner Dave Robinson stated the State recognized the difference between a hobby and a business. Hobbies don't make money. If they establish a business and charging people then they need a permit. This stands for itself. They may even be able to rent a space and not charge and they wouldn't need a permit. His family has made t-shirts for years. We give them away and it is something we do in our free time out of our house. Bryan Pack stated if the hobby creates a bigger impact than just residential, they would need to come in for a Conditional Use Permit. If it is just people getting together to quilt, then no. Commissioner Brandon Weight stated no matter what the business is in Ivins, I need to come get a Conditional Use Permit? Bryan Pack stated it depends on what the business is. You would look at the table of uses and identify the use. The home-based business is coming back. Commissioner Brandon Weight stated he does not agree that quilting, cross-stitching and assembling jewelry needs to come get a Conditional Use Permit. St George does not require that. Commissioner Dave Robinson stated we are saying if it is approved in that area, they don't need to get a Conditional Use Permit. He thinks it should stay. Bryan Pack stated you can have approved uses that don't need a Conditional Use Permit. That is us saying we don't think there will ever be an adverse impact to that neighborhood. This is the Conditional Use Table. These are the tools that the City has to regulate uses. You can create an approved use that we have in other sections of the code. Most applications will be through a Conditional Use Permit in Ivins depending on the use and the business. He would absolutely advise anyone seeking to start a business to come talk to the City. Commissioner Dave Robinson stated he thinks this should be allowed in this zone. Commissioner Pam Gardiol stated she recommends a Class IV. Commissioner Brandon Weight stated that the City could just define something as not being Commercial Light Manufacturing. Who determines that? It could be a quilter, or a printer press. Bryan Pack stated you are right. You are never going to take the discretion out of this code. They can challenge or appeal a decision and have a hearing on why we think it is Neighborhood Commercial and Commercial Light Manufacturing and then an administrative law judge would decide. Commissioner Brandon Weight stated put it as a Class IV. Commissioner Doug Clifford stated there are always new things happening. This is not meant to be a catch-all. Rob Dalley stated Outdoor Theater is next. Commissioner Dave Robinson stated leave it as an "X". Rob Dalley stated next is Personal Services and we had a lot of discussion bounced back and forth. We left it at a Class IV. He would like the Commission to see these to discuss any adverse impacts. Tattoo shops, barber, tanning salons, etc. Commissioner Dave Robinson stated leave it at a Class IV. Commissioner Pam Gardiol stated that is a personal service so why is tattoo parlor a separate designation. It is on page 16 as not allowed. Commissioner Dave Robinson stated beauty shops have tattooing, lips and eyeline. Move that section up to Personal Services. Rob Dalley stated next is Professional Offices. We discussed removing "government" because it is covered under Public Uses and Utilities in the next row. Bryan Pack stated he sees no problem leaving it in. We have an FBI field office in St. George on Main Street. Leave in "government" and take out "Public Works Yard". Rob Dalley stated next is Reception Hall/Reception Center. There is talk of one applying. Right now it is not allowed. Impacts would be traffic, noise, etc. Commissioner Doug Clifford stated leave it as a no. Rob Dalley stated next is Residence for Persons with a Disability. This is overnight assisted living. Commissioner Dave Robinson stated these facilities have a lot of restrictions. Commissioner Pam Gardiol stated Class V would be appropriate. Rob Dalley stated next is Restaurant-Fast Food. Commissioner Dave Robinson stated these should be allowed. Is this not what we are trying to create with walkable communities? Food trucks. Commissioner Pam Gardiol stated she agrees. Chuck Gillette stated McDonald's and In-n-Out bring a ton of traffic. There is some justification to be cautious in allowing these. Commissioner Pam Gardiol stated she is thinking more of a coffee shop on the corner. Bryan Pack stated that the next category is Restaurant-Sit Down, which is a Class IV in Neighborhood Commercial. Commissioner Dave Robinson inquired if we can distinguish between sit down and walk-up? Commissioner Brandon Weight stated that there are also Swigs that wouldn't necessarily be sit-down or walk-up. Chuck Gillette stated that it appears the difference is whether there is a waiter or waitress. Commissioner Dave Robinson stated that saying it can be consumed on or off-restaurant premises. Chuck Gillette stated if they submit for a Conditional Use Permit maybe we can address the impact of traffic. Commissioner Brandon Weight inquired why separate them? Chuck Gillette stated if we make it a Class IV we probably could. Chair Perry Brown stated if we combine them and make them a Class IV. Commissioner Pam Gardiol stated if we say Class IV what is the criteria for the conditions to be met? Bryan Pack stated that is open for interpretation by the Commission of what the impacts are. It gets difficult to cover every solution. It is nearly impossible. Commissioner Pam Gardiol stated that makes her uncomfortable to make that a Conditional Use Permit because of the traffic. Bryan Pack stated that you could come up with some standards. It could say the conditions in every case. Commissioner Brandon Weight stated he can go to In-n-Out and sit down. He doesn't see the difference between that and Red Lobster. Chuck Gillette stated that we could delineate it by saying drive- throughs drive traffic. Commissioner Dave Robinson stated he thinks there is actually less traffic. Commissioner Brandon Weight stated he disagrees because Jimmy Johns on Bluff creates an adverse impact. Commissioner Dave Robinson stated with sit-down or walk-up you have to have parking. Commissioner Pam Gardiol inquired is that what we want in an a neighborhood? The impact is too great. Neighborhood Commercial should be conducive and beneficial to the area, not a line of cars around the block and open until 11 pm. She votes to strike that one. Commissioner Brandon Weight stated he thinks they should be combined and make it a Class V Conditional Use Permit so the Council can review it. Commissioner Dave Robinson stated we are trying to get areas like this out into the community. He understands we want to mitigate anyone ever being put out by anyone, ever. No matter what, there is a negative effect to anything we decide. Commissioner Pam Gardiol stated traffic is organic and not something that stops. Commissioner Dave Robinson stated he disagrees. It is not organic. We create it. We want to integrate it the best we can. Commissioner Brandon Weight stated if it is up to Council they can suggest studies like a traffic analysis to show they will not be an adverse impact. That is more restrictive. Commissioner Pam Gardiol stated that is fine, as long as the criterial is that we are trying to create Neighborhood Commercial and a Class V Conditional Use Permit gives the parameters for that criteria. Commissioner Dave Robinson stated there is going to be Commercial next to neighborhoods. That is the definition of the zone we are creating. Commissioner Brandon Weight stated that Ice Box would be a good example if it were in this zone. Chair Perry Brown stated come back with this combined and as a Class V Conditional Use Permit. Commissioner Dave Robinson stated that if we change it, then it should be Class V Conditional Use Permit. Bryan Pack stated there is a whole other section on food trucks. Rob Dalley inquired do you need it more defined, or maybe don't allow fast food in Neighborhood Commercial because of possible adverse impacts? Commissioner Dave Robinson stated he agrees with combining them and changing it to a Class V Conditional Use Permit. Commissioner Pam Gardiol stated use "server" rather than "waitress and waiter." Rob Dalley stated next is Sale Distribution but we need to look at State Code. Storage of Recreational Vehicles. The question was "not more than two recreational vehicles." 16.12.111 is parking for residential zones. This is currently listed as a Class II. Commissioner Brandon Weight stated there should be an "X" in Neighborhood Commercial. Rob Dalley stated that we talked about visitors or anyone that needed a place to park, if it exceeds 48 hours. Commissioner Pam Gardiol inquired what are the current parking ordinances? Chuck Gillette stated i16.12.111 covers parking of RVs in residential zones. No more than two RVs in residential zones. They would not be allowed to park any more than two next to their existing business. You have to get a Class II permit to do that. Commissioner Doug Clifford stated people have Commercial and park their RV or two at their business. It is an extension of their parking. Commissioner Brandon Weight stated we would not want long-term parking. Chuck Gillette stated Troy's could park an RV and no one would care. But if the gas station on the corner parked an RV there, we would get a phone call. Chair Perry Brown stated if we don't want restrictions on it, it would still be better to "X" it. Rob Dalley stated that Tattoo Parlor we moved up to Personal Services. Wireless communications are already allowed in Ordinance 2026-08. We need to add that update here. Bryan Pack stated that this does not incorporate Black Desert Resort. We need to change to a Class V Conditional Use Permit. Commissioner Pam Gardiol stated the sentence "This use is not required to be located on a separate lot or to comply with the minimum lot size requirement for the district in which it is located, but is required to meet the design and locational requirements." She has been researching the safety impacts and would like to change that to "required to meet design, location and safety standard requirements." We as a City need to look into the implications of things we are exposing our community to. We do not want to passively be doing things that are harmful to our residents. Bryan Pack stated we understand, but we can't be more restrictive if we meet federal guidelines. We could say that. Rob Dalley stated we will bring this back with this guidance. Thank you for the discussion. Chair Perry Brown stated that we are missing one Neighborhood Commercial zones on our map that was sent out. Why is the row of houses zoned Neighborhood Commercial? Chuck Gillette stated that we would allow those to convert and become commercial units. Chair Perry Brown stated that he noticed a new sign down by Lightfoot's and the barber shop for a development like this. We may be dealing with this sooner than later. Commissioner Pam Gardiol has some comments about the attachments. Chair Perry Brown stated we would need to have a separate discussion about these attachments. These were informational to help us with the Commercial Neighborhood zone. Commissioner Pam Gardiol wants to make sure that we discuss these attachments to align with the zone. Bryan Pack stated that the alcohol ordinance would not come to the Planning Commission. It would go to the Council. Commissioner Pam Gardiol stated that these need to be reviewed by someone. Bryan Pack stated that is true of our entire code.