The purpose of the historic commercial overlay is to implement the City of Aurora Design Review Guidelines for Historic District Properties while providing for a concentrated, central commercial, office and retail goods and services area with opportunities for employment and business and professional services in close proximity to residential services.

(Ord. 415 § 7.74.010, 2002)

In the historic commercial zone, activities shall be conducted within an enclosed structure or building and are subject to Chapter 16.58 and Title 17 as applicable. Only the following uses and their accessory uses are permitted outright. Variances from listed permitted uses are prohibited.

A.

Auditorium, exhibit hall, community building, club, lodge hall, fraternal organization or place of worship;

B.

Bed and breakfast inn, hotel or motel;

C.

Bicycle sales or repair;

D.

Community recreation facilities;

E.

Cultural exhibits and library services;

F.

Day care facility licensed by state;

G.

Dwelling units located above or below the ground floor of the commercial structure and from which the property is addressed;

H.

Eating and drinking establishments;

I.

Financial, insurance and real estate offices;

J.

General retail and convenience sales, except adult bookstores, adult entertainment, or retail sales of liquor requiring an OLCC permit;

K.

Medical or dental services including labs;

L.

Parking structure;

M.

Professional and administrative offices;

N.

Public safety and support facilities;

O.

Public transportation passenger terminal or taxi stand;

P.

Repair services for household and personal items, excluding motorized vehicles;

Q.

Sales, grooming and veterinary offices or animal hospitals without outside pens or noise beyond property line;

R.

Schools;

S.

One single-family residence, provided it is an accessory structure and cannot be sold separately;

T.

Studios, including art, photography, dance, and music;

U.

Vehicle fuel sales;

V.

Antique or special interest vehicle sales, provided all activities occur within an enclosed structure and outdoor display is prohibited.

(Ord. 496, § 2(Exh. A), 2022; Ord. 493, § 2(Exh. A), 2021; Ord. 488, § 2(Exh. A), 2019; Ord. 487 § 2, 2017; Ord. 474 § 1, 2014; Ord. 415 § 7.74.020, 2002)

The following uses and their accessory uses may be permitted when authorized by the Planning Commission in accordance with the requirements of Chapter 16.60, Title 17 as applicable, other relevant sections of this title and any conditions imposed by the Planning Commission:

A.

Home occupations (Type II) subject to Chapter 16.46;

B.

Retail or wholesale business with not more than fifty (50) percent of the floor area used for the manufacturing, processing or compounding of products in a manner which is clearly incidental to the primary business conducted on the premises. (Ord. 415 § 7.74.030, 2002)

C.

Food carts located on the same property and accessory to an established indoor eating and drinking establishment.

1.

No structures, product display, or storage shall be located within yard setback or buffering and screening areas.

2.

Drive-through carts are prohibited.

3.

Signage shall comply with AMC 16.44 and Title 17, as applicable, and shall be calculated as a portion of total signage as permitted for the site.

4.

Shall be limited to one food cart per site/primary business.

5.

Food carts shall not have any internal floor space available to customers.

6.

Food carts shall not exceed twenty-six (26) feet in length, thirteen (13) feet in height and ten (10) feet in width.

7.

Carts shall be mobile and fully operable, on inflated wheels, and licensed with the Department of Motor Vehicles.

8.

Carts shall be in good repair with no exterior damage.

9.

Sewer or grey water disposal hookups are not permitted.

D.

Medical Marijuana Dispensaries (MMD) and commercial marijuana retail stores, subject to the following standards:

1.

Buffers which shall only be measured at the initial land use application and not subsequent annual renewals:

a.

Elementary, middle or high school, public or private: one thousand (1,000) feet.

b.

Day care: one thousand (1,000) feet.

c.

Other marijuana dispensaries or commercial marijuana retail stores: one thousand (1,000) feet.

d.

May not be adjacent to a residential zone, a public park, a place of worship, or a property which may be a single-family residential use by right pursuant to AMC 16.62.040 or 16.62.050.A.

2.

The use must be located within a permanent, enclosed structure.

3.

The use may not be allowed as a home occupation.

4.

Applicant and all employees must pass a criminal background check.

5.

The term of a conditional use approval shall not exceed one year - upon which time an annual review under AMC 16.60.060 shall be required.

6.

Waste materials containing any amount of marijuana or by products must be locked in a secure container on-site.

7.

Hours of operation are limited to 10:00 a.m. to 8:00 p.m.

8.

Drive-through windows are prohibited.

(Ord. 489, § 2(Exh. A), 2020; Ord. 474 § 1, 2014)

A.

There is no minimum lot size.

B.

There is no minimum lot depth.

C.

Minimum lot width shall be fifty (50) feet.

D.

No front setbacks shall be permitted, except as necessary to maintain visual clearance areas at unsignalized intersections. No rear or side setbacks are required except when required for buffering and visual screening as described under AMC 16.38.040.

E.

No building shall exceed thirty-five (35) feet in height.

F.

Parking shall be in accordance with Chapter 16.42 except as specifically exempted by Chapter 16.28, and should be located to the rear of the building. The Planning Commission may approve parking to the side of the building where parking to the rear is not feasible.

G.

Signs shall be in accordance with the requirements of Title 17, Historic Preservation.

H.

Landscaping shall be in accordance with the requirements of the City of Aurora Design Review Guidelines for Historic District Properties, Chapter 16.38, and the Aurora Downtown Improvement Plan.

I.

All properties, uses and structures in the historic commercial overlay shall be subject to the requirements of Title 17, Historic Preservation, and any applicable section of this title. (Ord. 415 § 7.74.040, 2002)

J.

Open Inventory display in front yards and porches.

1.

All business, service, repair, storage or merchandise inventory shall be conducted wholly within an enclosed building except the following:

a.

Off-street parking or loading;

b.

Inventory for sale purposes of merchandise in relation to the fronting business, after business hours, is limited to a total combined ten (10) percent of any facade viewed from the right-of-way. There is no limit to goods displayed outdoors on private property during business hours as long as they are stored indoors upon close of business every day. For example, a front facade of a structure measuring one hundred (100) square feet (10 ft height x 10 ft width) shall be limited to ten (10) percent, or ten (10) square feet, of outdoor storage in the front yard and/or porch at the close of business.

c.

In addition to 16.22.040.J.b. above, Inventory, for sale purposes, in relation to the fronting business, of larger elements which cannot be reasonably displayed wholly within a building (automobiles, boats, equipment, building materials and large architectural elements., etc.) shall be limited to an additional maximum of ten (10) percent of the front facade in the front yard and/or porch. All open inventory display must be related to items for sale in relation to the fronting business.

d.

Any open inventory display after business hours in excess of the combined twenty (20) percent identified above shall be located in the rear or side yard of the business.

e.

Outdoor seating in relation to a permitted eating or drinking establishment subject to [Section] 16.34.060(D) and Historic Review Board review and approval.

K.

All open inventory displays shall be maintained, kept clean, and be situated in conformance with all applicable city ordinances.

(Ord. 493, § 2(Exh. A), 2021; Ord. 488, § 2(Exh. A), 2019; Ord. 464, 2011; Ord. 415 § 7.60.050, 2002; Ord. 499, § 3(Exh. B), 2022)