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Aurora City Zoning Code

CHAPTER 16

14 - C COMMERCIAL ZONE

16.14.010 - Purpose.

The commercial zone (C) is intended to provide areas for retail and service commercial uses.

(Ord. 415 § 7.60.050, 2002)

16.14.020 - Permitted uses.

In the commercial zone, except as specifically stated in Section 16.14.050 activities shall be conducted within an enclosed building or structure and are subject to site development review, Chapter 16.58. Only the following uses and their accessory uses are permitted outright. Variances from listed permitted uses are prohibited.

1.

Auction house, auditorium, exhibit hall, community building, club, lodge hall, fraternal organization or place of worship;

2.

Bed and breakfast inn, hotel or motel;

3.

Bicycle sales or repair;

4.

Cultural exhibits and library services;

5.

Day care facility licensed by state;

6.

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

7.

Eating and drinking establishments;

8.

Financial, insurance and real estate offices;

9.

General retail and convenience sales, except adult bookstores and adult entertainment;

10.

Indoor and outdoor recreation and entertainment facilities, except adult entertainment or adult motion picture theaters;

11.

Laundry or dry cleaning establishments;

12.

Medical or dental services including labs;

13.

Mini storage, with or without a caretaker dwelling;

14.

Minor impact utilities;

15.

Motor vehicle, farm implement, boat or trailer rental, sales or services including body repairs when repairs are conducted wholly within an enclosed structure;

16.

Mortuary, funeral home, crematorium or taxidermy;

17.

Nurseries, greenhouses, and landscaping supplies not requiring outside storage for items other than plant materials including wholesale or retail, excluding uses related to medical or recreational marijuana.

18.

Parking structure or lot or storage garage;

19.

Printing or publishing plant;

20.

Professional and administrative offices;

21.

Public safety and support facilities;

22.

Public transportation passenger terminal or taxi stand;

23.

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

24.

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

25.

Schools;

26.

Service station, retail vehicle fuel sales or car wash when not located adjacent to a residential zone;

27.

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

28.

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

(Ord. 493, § 2(Exh. A), 2021; Ord. 488, § 2(Exh. A), 2019; Ord. 487 § 2, 2017, Ord. 415 § 7.60.050, 2002)

16.14.030 - Conditional uses.

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, other relevant sections of this title and any conditions imposed by the Planning Commission:

A.

Adult bookstore, adult entertainment or adult motion picture theaters, provided no sales area or activity is ever visible from the building exterior, all building setbacks shall be a minimum of thirty-five (35) feet from any property line and shall be screened and buffered in accordance with Section 16.38.040. In addition, location shall be at least one thousand five hundred (1,500) feet, measured in a straight line, from any of the following:

1.

Residential district,

2.

Public or private nursery, preschool, elementary, junior, middle or high school,

3.

Day care facility, nursery school, convalescent home, home for the aged, resident care facility or hospital,

4.

Public library,

5.

Community recreation,

6.

Place of worship,

7.

Historic district or historic structure;

B.

Home occupations (Type II) subject to Chapter 16.46;

C.

Major impact utilities, including telecommunications facilities subject to Chapter 16.50, provided that a ten-foot perimeter setback containing both externally visible landscaping meeting buffering standards and solid screening surrounds the property;

D.

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 associated with the retail business conducted on the premises; (Ord. 478, 2015)

E.

On lots that do not abut a residential zone, retail or wholesale business with not more than seventy-five (75) percent of the floor area used for the manufacturing, processing or compounding of products in a manner which is clearly associated with the retail business conducted on the premises; (Ord. 478, 2015)

F.

Wholesaling, storage and distribution. (Ord. 415 § 7.60.050, 2002)

G.

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 businesses: one thousand (1,000) feet.

d.

May not be adjacent to a residential zone, a public park, or a place of worship.

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 bio-mass or marijuana by products of any kind must be locked in a secure container on-site.

7.

Hours of operation are limited to 9:00 a.m. to 10:00 p.m.

8.

Drives through windows are prohibited.

(Ord. 502 § 2(Exh. A), 2024; Ord. 493, § 2(Exh. A), 2021; Ord. 488, § 2(Exh. A), 2019; Ord. 487 § 2, 2017; Ord. 479 § 2, 2015; Ord. 478 § 1, 2015)

16.14.040 - Development standards.

A.

There is no minimum size for lots or parcels served by municipal sewer. Minimum lot sizes for lots or parcels without municipal sewer shall be as determined by the county sanitarian.

B.

There is no minimum lot width or depth.

C.

Unless otherwise specified, the minimum setback requirements are as follows:

1.

There is no minimum front yard setback except as required for buffering of off street parking in accordance with Section 16.38.050;

2.

On corner lots and the rear of through lots the minimum setback for the side facing the street shall be ten (10) feet;

3.

No side or rear yard setback shall be required except twenty (20) feet screened and buffered in accordance with Chapter 16.38 shall be required where abutting a residential zoning district;

D.

No building shall exceed forty-five (45) feet in height. Within one hundred (100) feet of a residential zone, no building shall exceed thirty-five (35) feet in height. All buildings greater than thirty-five (35) feet in height are subject to Chapter 16.24.

E.

Parking shall be in accordance with Chapter 16.42.

F.

Landscaping shall be in accordance with Chapter 16.38.

G.

Doors and windows may not be covered with security grates.

H.

All properties located outside the designated historic commercial overlay and the historic residential overlay and adjacent to Highway 99 or Ehlen Road shall be collectively referenced as "gateway properties." The standards of Chapter 16.56 shall apply to all aspects of the site including, but not limited to, structural façade, yard and landscaping that are immediately adjacent to and visible from Highway 99 or Ehlen Road.

I.

Additional requirements shall include any applicable section of this title. (Ord. 415 § 7.60.050, 2002)

J.

Additions and/or accessory structures not located in the rear yard shall be consistent in appearance with the other structures on the property with regard to color, setbacks, architectural style, and overall proportions, unless fully screened with a minimum six-foot fence or landscaping.

(Ord. 482, 2016; Ord. 479 § 2, 2015)

16.14.050 - Open inventory display.

A.

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

1.

Off-street parking, loading space or drive accesses;

2.

Drive-through windows;

3.

Display, for resale purposes, of large on road vehicles which could not be reasonably displayed wholly within a building; specifically automobiles, boats, logging equipment, farm machinery, heavy machinery and trucks. Such displays shall be limited to a maximum of five vehicles which shall be movable at all times and cannot be deemed as discarded or dismantled. All vehicles displayed for sale must be located on a paved surface;

4.

Displays for sale purposes of small merchandise in relation to the fronting business shall be removed to the interior of the business after business hours;

5.

Display, for sale purposes in relation to fronting business, of live trees, shrubs and other plants, flowers or produce; and

6.

Outdoor seating in relation to a permitted eating or drinking establishment subject to [Section] 16.34.060(D).

B.

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

(Ord. 496, § 2(Exh. A), 2022; Ord. 464, 2011; Ord. 415 § 7.60.050, 2002)