This chapter is intended to promote high-quality commercial and mixed-use building design, encourage visual variety in non- residential and historic areas of the County, foster a more human scale and attractive street fronts, project a positive image to encourage economic development in the County, and protect property values of both the subject property and surrounding areas. In addition, this chapter intends to create a distinct image for important or highly visible areas of Lyon County. (Ord. 603, 11-1-2018)

Development of any site or structure that will contain a commercial use, or a mix of commercial and other uses shall comply with the general standards of section 15.360.04 of this chapter. In addition, the following supplemental standards are applicable to properties within the listed areas or of the listed types:

   A.   Properties adjacent to the rights-of-way of U.S. Highway 50 or U.S. Highway 95A: section 15.360.05 of this chapter.

   B.   Properties within a Commercial Mixed Use (CMU) District (including Historic Character Districts and Rural Community Mixed-Use Districts): section 15.360.06 of this chapter.

   C.   Buildings of twenty five thousand (25,000) square feet or greater: section 15.360.07 of this chapter.

In case of conflict, the more restrictive standard as determined by the Director shall apply. (Ord. 603, 11-1-2018)

Commercial uses conducted as a home occupation or home based business shall not be subject to the requirements of this chapter. (Ord. 603, 11-1-2018)

   A.   Site Layout:

      1.   Siting: The siting of the building should:

         a.   Reflect, rather than obscure natural topography.

         b.   Encourage preservation of significant or important trees.

         c.   Be compatible with the original structure, when the structure is an addition to an existing structure.

      2.   Building Orientation: Local climatic conditions shall be considered when orienting buildings. For example, north-facing facades are especially susceptible to winter snow and ice accumulation, and entries may require special treatment. Snow shed from roofs and snow piling zones along streets shall be considered in arranging building elements on the site. Adequate solar access shall be considered when planning outdoor spaces, with shade and relief from glare provided by landscaping and overhead structures.

      3.   Development Responsive To Site Conditions: Development shall respond to specific site conditions and opportunities such as odd-shaped lots, location on prominent intersections, unusual topography, protection of view corridors, significant vegetation, and/or other natural features to the maximum extent feasible.

      4.   Street Corners: Buildings located on street corners should recognize the importance of their location by:

         a.   Concentrating tallest portions of the building at the intersection where they may "frame" the corner;

         b.   Employing architectural features, such as angled facades, prominent entrances, a stepped parapet wall, or other unique building features at the corner; or

         c.   Employing a similar technique as approved by the Director.

      5.   Pedestrian Environment:

         a.   Site design shall locate pedestrian routes connecting residential, recreational, and commercial uses to minimize contact with normal vehicular traffic. This can be achieved by designing crossings at traffic stop points, and/or by announcing crossings with signage, pavement changes, and landscape features.

Open spaces of adjoining properties are located to join together and link properties, while walkways link properties and add connection to other pedestrian facilities.

         b.   Pedestrian use can be increased by the addition of amenities such as benches, drinking fountains, planters, trash receptacles, path lighting, and bicycle racks in quantities and locations appropriate for the development.

         c.   When existing sidewalks, curbs, gutters, or other public improvements have deteriorated, the development shall be required to replace and/or repair the public amenities.

         d.   New development required to install sidewalks may be assessed an in lieu fee for pedestrian improvements, as determined appropriate by the Director and County Engineer, to mitigate the construction of certain pedestrian improvements.

         e.   When sidewalks exist or are proposed, new development should be sited and designed to encourage human activity on the street.

         f.   Construction of and/or land dedication for pedestrian improvements may be required pursuant to the land division regulations and/or development improvement agreement.

         g.   Pedestrian facilities shall be designed and constructed to meet or exceed the development standards contained in appendix B on file in the County.

   B.   Building Design:

      1.   Building Massing And Form: Unless otherwise provided in this title, building form may vary widely, as long as certain features of building form are considered:

         a.   Within the development, variability in size and shape of buildings shall occur.

         b.   Incorporating human-scaled features at the ground level, referred to as "differentiation of ground level", will help to encourage pedestrian use. Examples are: articulated entries and windows, canopies, arcades, recessed entries, changes in color, material, or texture.

         c.   Facade modulation shall be utilized to reduce the apparent bulk of a large building, where applicable.

         d.   Large, unbroken expanses and long, continuous rooflines shall be avoided.

      2.   Building Materials:

         a.   Unless otherwise provided in this title, a wide range of exterior building materials is acceptable, including but not limited to wood, brick, stone, and stucco. Materials appearing to derive from local natural settings, such as timber and native stone, are encouraged.

         b.   Use of metal siding may be used when appropriate to the architectural or cultural context of the application.

         c.   Plastic may be considered for sign letters only.

      3.   Architectural Style: The architectural character of new buildings or additions shall complement the architectural character of adjacent existing buildings.

      4.   Four-Sided Design: All building facades shall be designed with a similar level of design detail. Blank walls void of architectural detailing shall not be permitted. Exceptions may be granted for those areas of the building envelope that the applicant can demonstrate are not visible from adjacent development, public rights-of-way, or trails.

      5.   Entrance Visibility: Entrances shall be clearly delineated and visible from the street.

         a.   Buildings should be designed with delineated and unobstructed entries accessible from adjacent streets, as opposed to entries accessible only from parking lots.

         b.   When entries cannot be located adjacent to the street, delineated and unobstructed pathways using building and landscape elements should enhance building entries.

(Ord. 603, 11-1-2018)

   A.   Applicability: Development of any site or structure that will contain a commercial use, or a mix of commercial and other uses adjacent to the rights-of-way of Highway 50 or Highway 95A, with the exception of those properties located within a Historic Character District, shall comply with the general site layout and building design standards of section 15.360.04 of this chapter, plus the standards of this section.

   B.   Setbacks:

      1.   Highway Landscape Buffer: All development shall be buffered from Highway 50 or Highway 95A by a landscaped area. Commercial development within Regional Commercial Districts the minimum buffer shall be ten feet (10') deep with drought tolerant trees, shrubbery and rock mulch. Commercial development within Community Commercial, Highway Mixed-Use, Commercial Mixed-Use and Neighborhood Commercial Districts the buffer shall be ten feet (10') measured from the property line. Buildings and parking areas shall not be located in this buffer area. On sites with severe topographic/physical constraints, this landscaped buffer may be reduced at the discretion of the Director.

   C.   Building Orientation:

      1.   Uses with highway frontage shall have a strong internal focus, rather than a highway orientation. Entryways shall face towards the internal road system. A highway orientation will be permitted where lot depths make it difficult to achieve an internal focus.

      2.   Developers shall carefully consider building orientation to achieve effective overall site planning. Although legibility of signs identifying businesses from the highway is important, buildings shall be oriented towards focal points within the development itself. These focal points may include unique natural features, a building of central importance, internal streets, or planned open space.

      3.   Adjacent residential land uses shall be considered when orienting buildings on properties with highway frontage. Service and utility entrances, mechanical support facilities, and unimproved building "back sides" shall not be located within view of neighboring residences or visible from highway right-of-way. Service and utility courts or alleys may contain these necessary support functions.

Landscaped areas buffer the edges of this development.

Pedestrian ways connect to adjoining properties.

Pedestrian ways link parking areas with buildings and open space in a coordinated system for this development.

   D.   Access: Coordinated access points along Highway 50 and Highway 95A will be required in accordance with NDOT requirements. Location and design of these highway accesses will be based on projected traffic flows and NDOT standards, policies and guidelines. (Ord. 603, 11-1-2018)

   A.   Purpose: These standards are intended to preserve and enhance the unique character and identity of current and planned commercial mixed-use areas, Historic Districts and rural community centers, and ensure that future infill and redevelopment is consistent with the County's Comprehensive Master Plan. A high-quality appearance will be achieved through requirements for context-sensitive site layouts, architectural detailing, facade articulation, and other features designed to provide a more distinct character and pedestrian scale. Unique characteristics and distinctions in scale and use between the Suburban and Rural Character Districts will be achieved through tailored standards as necessary. The alternative equivalent compliance process in section 15.330.04 of this title is available to help tailor standards for specific sites as necessary.

   B.   Applicability: Development of any site or structure that will contain a commercial use, or a mix of commercial and other uses, or that is located within a Commercial Mixed-Use Zoning District, shall comply with the general site layout and building design standards of section 15.360.04 of this chapter, plus the standards of this section.

   C.   Site Planning:

      1.   Primary Entrances: Primary entrances shall be oriented towards and visible from the primary street frontage.

      2.   Outdoor Gathering Spaces: Developments consisting of at least twenty five thousand (25,000) square feet in size shall incorporate outdoor gathering spaces. Outdoor gathering spaces may include, but are not limited to, plazas, mini-parks, or courtyards that are open to and accessible to the public.

         a.   Minimum Size: All outdoor gathering spaces shall have a minimum depth and width of twenty feet (20') and a minimum total area of one thousand (1,000) square feet.

         b.   Pedestrian Amenities: Outdoor gathering spaces shall include amenities that encourage pedestrian activity, such as benches, water features, drinking fountains, planters, public art, trash receptacles and bicycle racks.

      3.   Parking Location: Surface parking shall be located behind buildings. Surface parking will not be permitted between the building and the primary street frontage or to the side of the building where it may be viewed from the primary street frontage.

      4.   Ground-Floor Uses: The incorporation of retail shops and/or restaurants is encouraged at the street level to promote a more active environment for pedestrians and to support residential and office uses located within the same building (on upper floors) or nearby. This configuration of uses is particularly encouraged along Main Street, Pike Street, Ziller Way, and Highway 50 in the Dayton Historic District, Highway 342 in Silver City and other downtown street frontages, as well as new developments in Commercial Mixed-Use Zones, and adjacent to major public spaces, where a high level of activity and visibility is desirable. If a limited portion of a structure's ground level will be devoted to retail or restaurant space, such space should be located along those facades adjacent to or most visible from primary street frontages or major pedestrian walkways.

      5.   Build-To Line: First floors of all commercial buildings within CMU-S and CMU-H Districts shall "build to" the back of the sidewalk or edge of property. Exceptions to the build-to line may be permitted if:

         a.   The space set back from the build-to line is used for an outdoor gathering space, as defined in subsection C2 of this section;

         b.   The space set back from the build-to line is designed as a protected walkway for pedestrians, with the second floor placed at the build-to line; or

         c.   The space set back from the build-to line is used to provide a mid-block pedestrian connection to an outdoor gathering space or additional commercial uses at the rear of the building or to an adjacent trail corridor. Mid-block pedestrian connections shall be a minimum of fifteen feet (15') in width.

      6.   Build-To Zone:

         a.   A variable setback is typical of rural community centers; therefore, placement of the front building facade is guided by a flexible build-to zone as set forth below.

            (1)   First floors of all buildings within a Commercial Mixed-Use Zone in a Rural Character District shall build to the "build-to- zone", which shall be the area located from fifteen feet (15') to twenty feet (20') from the back of sidewalk or property line.

         b.   The front building facade may only be located outside of the build-to-zone to:

            (1)   Reflect existing, adjacent development (in which case buildings shall be built to the average setback of the adjacent existing structures);

            (2)   Accommodate an outdoor gathering space, as defined in subsection C2 of this section;

            (3)   Reflect the regular rhythm of residential homes interrupted by side yards traditionally found in Historic Districts and rural community centers;

            (4)   Reflect distinctions in use within the building; or

            (5)   Accomplish a similar objective, as approved by the Director.

         c.   Portions of the front facade of the building built that are not located within the build-to zone shall:

            (1)   Not extend further than five feet (5') from the build-to zone; and

            (2)   Be limited to twenty feet (20') in length or twenty percent (20%) of the length of the front facade, whichever is less.

   D.   Building Considerations:

      1.   Building Articulation: The perceived mass and scale of development shall be reduced to achieve a human scale. This shall be accomplished by incorporating a series of smaller design elements that are consistent with the development's architectural character. Appropriate design elements for every development shall incorporate, but are not limited to, at least four (4) of the following:

         a.   Variations in roof form and parapet heights;

         b.   Pronounced recesses and projections;

         c.   Wall plane off-sets;

         d.   Off-sets to accommodate outdoor gathering spaces;

         e.   Distinct changes in texture and color of wall surfaces;

         f.   Ground-level arcades and second or third-floor galleries/balconies;

         g.   Protected and recessed entries; and

         h.   Vertical accents or focal points.

      2.   Building Height/Mass: A single, large, dominant building mass shall be prohibited.

      3.   Lot Consolidation: The consolidation of existing lots is permitted to enhance infill and redevelopment opportunities. However, the following standards shall apply for developments occupying two (2) or more combined lots.

         a.   Historic Districts: Facade modulation shall be provided to reflect traditional storefront widths within the downtown core, which range from twenty five feet (25') to fifty feet (50') in width.

         b.   CMU-R Districts: Facade modulation shall be provided to reflect the traditional character and design of structures.

      4.   Building Design And Character:

         a.   Roof Form:

            (1)   Flat roof forms with parapet walls are traditionally found in Historic Districts. Large, unbroken expanses and long, continuous rooflines shall be prohibited.

            (2)   Box-like structures and flat roofs are incompatible with the traditionally residential character of rural community centers. A variety of roof forms and surfaces (pitched, shed, and dormers) shall be incorporated into structures to break up large roof planes, provide visual interest, and manage snow loads.

            (3)   Flat roof sections shall be limited to a maximum of one-third (1/3) of the total roof area and shall be located where they are not visible from the primary street frontage or public right-of- way.

         b.   Materials: Primary building materials shall be durable and project an image of permanence typical of traditional masonry storefronts and many of historic residences.

         c.   Color: The use of historic color schemes in Historic Districts is encouraged. Historic color palettes are provided in Design Guidelines for the Comstock Historic District. Bright colors shall be limited to use for accents and decorative details such as window details, storefronts and entrances.

         d.   Awnings: Awnings, when used, shall be designed as integral elements of the building facade. Material, configuration, dimension, and location of awnings shall be appropriate for the building.

      5.   Street Level Transparency: A minimum percentage of the total area of each ground-floor building facade that faces a street, plaza, park, or other public space, shall be comprised of transparent window openings to allow views of interior spaces and merchandise, to enhance the safety of public spaces by providing direct visibility to the street, and to create a more inviting environment for pedestrians. Such openings shall be taller than they are wide. Minimum percentages vary by location and use as follows:

         a.   Historic Districts: Non-residential uses: Fifty percent (50%) minimum.

         b.   CMU-R: Non-residential uses: Forty percent (40%) minimum. (Ord. 603, 11-1-2018)

   A.   Applicability: Development of any structure that will be twenty five thousand (25,000) square feet in size or greater shall comply with the general site layout and building design standards of section 15.360.04 of this chapter, plus the standards of this section.

   B.   Setbacks: The required setbacks shall comply with the setbacks in chapter 313 of this title. Reduced setbacks may be approved by the commission if the overall design of the building reflects an "urban" style building form and site design (e.g., connected sidewalks, on-street parking, benches, display windows, awnings, etc.).

   C.   Building Height, Bulk, Scale: Buildings should be visually harmonious with their surroundings, by considering the scale, proportions and character of adjacent structures and landforms. The design of a new building or addition should incorporate architectural features, elements and details to achieve human scale, if appropriate. Building elements that should be enlisted to achieve a better human scale include:

      1.   Pedestrian-oriented open space, such as courtyards or other unified landscaped areas, upper story setbacks, a porch or cover entry, awnings, limited signage, and street furniture.

      2.   Buildings greater than one hundred thousand (100,000) square feet should be multi-story.

      3.   If a large retail building is part of a development, variability in size and shape of buildings is encouraged.

   D.   Architectural Elements, Materials And Color:

      1.   Architectural Elements:

         a.   Buildings should be unique and appropriate to the community and should not be recognizable by its architecture as a standard trademark design. Generic franchise architecture shall not be acceptable unless modified to meet these standards.

         b.   Box-like structures and flat roofs are discouraged.

         c.   Roof forms will be highly visible at a distance, and projects shall avoid large, unbroken expanses and long, continuous rooflines by variation in rooflines and height. The addition of dormers, balconies, deep eaves and overhangs may create visual interest.

      2.   Materials: The use of neon is prohibited for any architectural application, such as building trim. See chapter 403 of this title for the standards relating to the use of neon in signs.

      3.   Color: Attention must be paid to the use of color on buildings as it affects the visual aesthetics of the community.

         a.   Bright colors should be used minimally and may be considered only for accents and decorative details such as window details and entrances.

         b.   Colors should be used to coordinate the entire building facade as a composition. (Ord. 603, 11-1-2018)