Council moves to allow retail sales in industrial zones

The Sundance City Council is pursuing a change to its zoning regulations after a request from a local business owner made it clear that the current wording prevents retail sales from occurring in parts of the city designated as industrial.

The request, according to Clerk Treasurer Theresa Curren, came from Hometown Motors. The business would like to lease premises in the industrial area on Highway 585 and use them to build and sell service pickups.

As the business involves vehicle sales, Hometown Motors needs a letter from the city confirming that it has received permission. Curren asked the council for guidance on Tuesday, stating that the Land Use Planning Committee feels it is a suitable location, but the zoning rules do not appear to allow for it.

An exemption cannot be made due to it being an ordinance, said Mayor Paul Brooks, so another solution would be needed if the council wished to authorize the business.

The council soon discovered that rezoning the plot that the business would like to lease to “highway business” would not exactly solve the issue. Public Works Director Mac Erickson pointed out that other businesses leasing on that land perform manufacturing, which is not covered by highway business, which would simply flip the problem on its head.

After studying the zoning regulation, Council Member Callie Hilty wondered if the wording could be interpreted to allow for retail sales because it presents a list of industrial uses and then allows for any other use that is “no more injurious to the property”.

Selling service pickups is not more injurious than, for example, manufacturing, she reasoned.

City Attorney Mark Attorney also studied the regulations, at the council’s request. Commenting that this is the first time he’s been called to interpret the ordinance, he said he felt that the “other uses” wording was a gray area.

Instead, Hughes stated that he felt the zoning ordinance would need to be amended to specifically include “sales” as a potential use of land in the industrial area.

Mayor Brooks commented that, in his opinion, the council should look into adding sales on the basis that other businesses either are or will in the near future be selling from their premises in the industrial parts of town.

On that basis, the council gave permission for Brooks to request that Hughes begin the process of amending the definition of “industrial” in the zoning ordinance to include retail as a potential use.