Lake Como City Zoning Code
§ 17-9.3
General Business.
[Ord. No. 90-535; Ord. No. 95-610; Ord. No. 95-610A; Ord. No. 96-630; Ord. No. 98-648; Ord. No. 2005-751; Ord. No. 2007-808; Ord. No. 2010-842]
a.
Principal Permitted Uses on the Land and in Buildings.
1.
(Reserved)
2.
Restaurants including bars, taverns, package good stores, nightclubs, dance halls, and businesses having alcoholic beverage licenses shall only be permitted uses for property located between the north side of Redmond Avenue and 16th Avenue on Main Street, having Main Street frontage, both east and west sides of Main Street, including all property from the curbline of Main Street extending back one hundred fifty (150) feet east and west respectively and on the west side of 16th Avenue between Main Street and the railroad tracks. Restaurants including bars, taverns, package good stores, nightclubs, dance halls and businesses having an alcoholic beverage license shall be prohibited uses in all other sections of the general business district as well as the remaining sections of the Borough of Lake Como.
3.
Department stores.
4.
Banks, including drive-in facilities.
5.
Offices and office buildings.
6.
Theatres with a minimum seating capacity of one hundred (100) seats and music, art and dance studios.
7.
Public utility uses as a conditional use (see subsection 17-11.3 for standards).
8.
Public purpose uses.
9.
Undertaking and funeral services.
10.
Nursing homes.
11.
(Reserved)
12.
Churches.
b.
Accessory Uses Permitted.
1.
Off-street parking (see subsection 17-10.7).
2.
Fences and walls (see subsection 17-10.4).
3.
Garages to house delivery trucks or other commercial vehicles.
4.
Temporary construction trailers and one sign not exceeding thirty-two (32) square feet, (advertising the prime contractor, subcontractor(s), architect, engineer, financing institution and similar data) may be permitted for the period of construction beginning with the issuance of a construction permit, until the completion of the building or for one year, whichever is less, provided that the trailer and sign are on the site of construction taking place.
5.
Public swimming pools designed to be used collectively by persons for swimming and bathing purposes as part of any hotel, motel, garden apartment or townhouse development.
c.
Conditional Uses.
1.
Street-Oriented Mixed-Use Zone.
(a)
Purpose. To provide a variety of opportunities for retail sales and services, office space, and residential living in a vibrant, street-oriented community. This district is centered on Main Street. The design of the Street-Oriented, Mixed-Use Zone is encouraged to be traditional downtown styling, that is, two- and three-story buildings set right on the first floor and residential units on the second and higher stories. Residential uses are envisioned to be upper-end one- to two- bedroom units. Townhouses are envisioned to be located behind the buildings which front on Main Street.
(b)
Permitted Principal Uses:
(1)
Professional offices on the street level of properties fronting Main Street.
(2)
Business offices on the street level of properties fronting on Main Street.
(3)
Retail sales of goods and services on the street level of properties fronting Main Street, except:
[a]
Large food stores exceeding eight thousand (8,000) square feet, commonly called supermarkets.
[b]
Pawn shops and adult bookstores.
[c]
Shops that offer for sale firearms and/or ammunition.
[d]
Go-Go bars or other establishments where dancers entertain the general public.
[e]
Drive-in fast food sales.
(4)
Personal service establishments on the street level of properties fronting on Main Street except:
[a]
Massage parlors, except therapeutically certified massages from accredited schools are permitted.
[b]
Tattoo parlors/body piercing.
[c]
Tarot, palm readers, psychics.
(5)
Banks, trust companies, and deposit institutions.
(6)
Restaurants.
(7)
Professional and business offices on the second level of properties fronting on Main Street.
(8)
Residential dwelling uses on floors above the street level floor. Each dwelling unit shall have a minimum of 1,000 square feet of habitable enclosed floor area, and shall have no more than two bedrooms.
[Amended 3-1-2022 by Ord. No. 2022-970]
(9)
Townhouses. Each townhouse shall have a minimum of 1,500 square feet of habitable enclosed floor area and shall have no more than two bedrooms.
[Amended 3-1-2022 by Ord. No. 2022-970]
(10)
Multiple principal buildings are permitted on each lot in this zone.
(c)
Permitted Accessory Uses.
(1)
Off-street parking for residential dwelling units not permitted in front yard. Parking must not interrupt of the continuity of the shopping pedestrian realm.
(2)
Fences and walls, in accordance with subsection 17-10.4 hereof.
(3)
Signs, in accordance with subsection 17-10.10 hereof.
(4)
Public swimming pools are part of any townhouse development.
(5)
Playgrounds, conservation areas and parks.
(d)
Area, Yard and Structure Requirements.
(1)
Minimum lot area: seven thousand (7,000) square feet.
(2)
Minimum lot frontage: fifty (50) feet.
(3)
Minimum rear yard setback: twenty (20) feet.
(4)
Minimum front yard setback: zero (0) for retail and mixed-use buildings fronting Main Street. Additional streets in the zone must meet twenty (20) feet or the prevailing setback, whichever is less, on additional streets.
(5)
Minimum side yard setback: five (5) feet on each side.
(6)
The minimum side and rear setback requirements for any proposed mixed-use structure adjacent to a single-family residential zone is twenty (20) feet.
(7)
Maximum structure height: thirty-five (35) feet, not to exceed three stories. The maximum height to the roof line at the front facade is 30 feet, with an exception that a maximum of 25% of the facade may be allowed to extend to the maximum thirty-five (35) foot building height to allow for architectural details, that will add distinct style and variety to the structures facade.
(8)
Maximum lot coverage of principal and accessory structures: seventy (70%) percent.
(9)
Off-street parking: the parking shall conform to the requirements of the Residential Site Improvement Standards (RSIS).
(e)
Aesthetics.
(1)
Buildings in this zone should be designed with an eye toward architectural detailing that can be unique, but should not detract from the appearance of any adjacent structures and should conform to the visionary statements of the municipal master plan. Innovative reuse of existing unique and/or attractive structures is encouraged to the extent possible.
d.
Maximum Building Height. See Section 17-7 "Building height."
e.
Area and Yard Requirements for Commercial and Service Facilities in the General Commercial District.
1.
Principal Building Minimum:
Lot area | 7,000 square feet |
Lot frontage | 50 feet |
Lot width | 50 feet |
Lot depth | 100 feet |
Side yard (each) | (a) |
Front yard | (b) |
Rear yard | 20 feet |
2.
Accessory Building Minimum:
Distance to side line | 5 feet |
Distance to rear line | 5 feet |
Distance to other building | 5 feet |
NOTES: |
(a)
In order to encourage an end product which provides parking, access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached and may be built to the interior side line(s) in order to be attached. Attached building may include two walls which must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate legal material and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If structures are not attached, the side yard(s) shall be a minimum of five (5') feet.
(b)
The front yard shall be determined on the basis of the average front yard depth within the block.
3.
Maximum building coverage of principal and accessory building(s), seventy (70%) percent.
f.
General Requirements.
1.
One (1) building may contain more than one use provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for the district.
