Mountain View City Zoning Code
6 Commercial-1
C-1 Zone District
16.06.010 Intent and purpose.
The Commercial-1 (C-1) Zone District is intended to provide safe, efficient areas in which to offer goods and services at wholesale or retail for the general public. The uses permitted in the C-1 Zone District shall be designed and operated in a manner that minimizes undesirable impacts on the surrounding properties. (Ord. 2019-07-08 §1)
16.06.020 Principal permitted uses.
The following are principal permitted uses in the C-1 Zone District:
(a) Medical and dental offices, clinics and small animal veterinary clinics with no outside holding facilities.
(b) Business and professional offices.
(c) State-licensed child care centers.
(d) Dining establishments, drug stores, liquor stores, florists, news and book sales, video rental stores, hardware stores, feed stores, automotive supply stores, butcher shops, furniture stores, bakeries, ice cream parlors, delicatessens and other similar uses.
(e) Automotive repair, excluding automobile body repair and provided that no junk or stored vehicles shall be kept on the premises and the premises complies with the Wheat Ridge Fire Protection District regulations. For the purposes of this Section only, junk and stored vehicles shall mean any vehicle that, in the Town’s determination, meets the definition of “abandoned motor vehicle” set forth at C.R.S. § 42-4-2102(1) et seq., as may be amended from time to time. A rebuttable presumption arises that a vehicle is abandoned when it has remained on the premises for thirty (30) consecutive days without physical work being performed on it. The Town’s determination that a vehicle is abandoned may be rebutted by sufficient evidence to the contrary provided by the automobile body repair shop. Notwithstanding the foregoing, a motor vehicle that is otherwise inoperable but that is properly registered, and its taxes paid for under C.R.S. § 42-3-118.5 et seq., as amended, shall not be deemed a junk or stored vehicle.
(f) Low intensity specialty goods and services, including: art galleries, antiques, artisan shops, gift shops, plant stores or nurseries, photography studio and developing, pet stores, copying and blueprinting, apparel, appliances and other similar uses.
(g) Taverns, lounges and private clubs.
(h) Residential uses along Sheridan Boulevard existing as of the effective date of the ordinance codified in this title are principal permitted uses in the C-1 Zone to which the restriction placed on nonconforming uses by Sections 16.09.050(a) through (d) and (f) shall not apply. Section 16.09.050(e) shall apply in that once a residential use is converted to a commercial use for a period of one hundred twenty (120) days it shall so remain and the right to a residential use shall be deemed forever lost and abandoned.
(i) Medical marijuana center, medical marijuana-infused products manufacturing operation, or optional premises cultivation operation, each only as permitted in Chapter 6, Article 6. (Ord. 2023-08-21B §1; Ord. 2019-07-08 §1)
16.06.030 Uses permitted by special exception.
The following uses are permitted in the C-1 Zone District only by special exception:
(a) Convenience stores with gasoline sales, but not car washes or filling of propane tanks.
(b) Fast food sales with drive-through facilities. (Ord. 2019-07-08 §1)
16.06.040 Lot and building standards.
Lot and building standards for the C-1 Zone District are set forth in the table below.
C-1 Development Standards | Permitted Commercial Uses |
|---|---|
Max Height (ft) | 37 |
Min Lot Size (sf)* | 6,250 |
Min Front Setback (ft) | 10 |
Min Side Setback (ft) | 10 |
Min Side Setback (ft) (Adjacent to R-2/R-3) | 20 |
Min Rear Setback (ft) | 10 |
Min Rear Setback (ft) (Adjacent to R-2/R-3) | 20 |
*Minimum lot size may be subject to an administrative adjustment by the Zoning Administrator, allowing up to a ten percent (10%) reduction in lot size.
(Ord. 2019-07-08 §1)
16.06.042 Detached accessory structure building standards.
Lot and building standards for accessory structures in the C-1 Zone District are set forth in the table below. Residential accessory structures/uses are not permitted in the C-1 Zone District. Mini-structures, as defined in Section 16.01.090, are exempt from these standards.
C-1 Development Standards | Nonresidential Accessory Structure |
|---|---|
Max Height (ft) | 24 |
Max Building Coverage (sf) | 1,000 |
Min Front Setback (ft) | 20 |
Min Side Setback (ft) | 20 |
Min Rear Setback (to Accessory Building) (ft) | 10 |
*If the principal structure is one (1) story, the height of all accessory structures shall not exceed one hundred twenty-five percent (125%) the height of the principal structure. If the principal structure is two (2) stories or more, the height of all accessory structures shall not exceed the height of the principal structure.
(Ord. 2019-07-08 §1)
16.06.044 Landscaping standards.
The following landscaping standards shall apply to all development in the C-1 Zone District. See Figure 16.06.044(a) for reference.
Figure 16.06.044(a).
(a) A landscape plan is required to be submitted with the required development plan for all development in the C-1 Zone District. The plan shall include:
(1) Location, dimension, and square footage of all landscaped areas, including calculations for total lot area, total landscaped area, and areas of living and nonliving materials.
(2) Location, type, size and quantity of proposed plants and other materials.
(3) Location and type of irrigation system, if applicable.
(4) Existing trees to be preserved or removed as a result of new construction.
(b) Landscaping materials shall be evenly distributed throughout the areas to be landscaped in such a manner to avoid over massing. The location of required landscaping materials, including trees, may be flexible to preserve visibility of commercial uses and access to commercial properties, at the discretion of the Zoning Administrator. However, required trees shall not be moved from one (1) road frontage to another.
(c) All trees required under this Section shall be a minimum of one and one-half (1.5) inches in caliper. Additionally, a maximum of twenty-five percent (25%) of the required trees may be replaced with shrubs at a ratio of one (1) tree to five (5) shrubs.
(d) Landscaping shall consist of primarily indigenous and low water consumptive plants.
(e) Concrete, asphalt, and other nonpermeable materials are prohibited in the required landscaped areas.
The following landscaping standards shall apply to on-site areas of development in the C-1 Zone District:
(f) The minimum permeable landscaped area shall be fifteen percent (15%) of the total lot area. All required landscaping shall be located in front of, or alongside, the principal structure. Any landscaping located behind the principal structure shall not count toward minimum landscaping requirements.
(1) A minimum of seventy-five percent (75%) of the required landscaped area shall be comprised of living material, with a maximum of twenty-five percent (25%) permitted as nonliving material.
(2) In all landscaping areas, one (1) tree and five (5) shrubs shall be planted for each one thousand five hundred (1,500) square feet of lot area not covered by a building or required parking.
(g) Parking setbacks for parking lots containing four (4) or more parking spaces shall be fully landscaped along all areas abutting the parking use.
(h) All commercial development requiring twelve (12) or more parking spaces shall allocate a minimum of ten percent (10%) of the total area covered by the parking lot for landscaped islands.
(1) Landscaped parking lot islands shall be at least one hundred fifty (150) square feet in area and contain a minimum of four (4) shrubs and one (1) tree per island.
(2) Landscaped parking lot islands shall be dispersed throughout the parking lot to divide large expanses of paving. No more than fifteen (15) parking spaces shall be in a continuous row without landscaped islands.
(3) Landscaped parking lot islands shall not count toward minimum landscaping requirements.
The following landscaping standards shall apply to all areas abutting public residential or arterial streets in the C-1 Zone District:
(i) Trees and lawn shall occupy at least seventy-five percent (75%) of lot frontage on a public residential street, excluding any access drive. For properties with four (4) or more parking spaces, the landscaping requirements in Subsection (g) of this Section shall satisfy this standard. The required seventy-five percent (75%) shall be landscaped with a minimum of one (1) shade tree or one (1) evergreen tree for every forty (40) linear feet of road frontage. On lots with road frontage greater than eighty (80) feet in width, trees shall be planted at minimum intervals of forty (40) feet.
(j) Commercial lots along 44th Avenue and Sheridan Boulevard are subject to the following additional standards:
(1) A tree lawn of at least four (4) feet in width, as measured perpendicular to the street, shall be located between the sidewalk and 44th Avenue and the sidewalk and Sheridan Boulevard. The tree lawn shall extend along the full length of each street-facing property line, excluding access drives.
(2) The required tree lawn shall be landscaped with a minimum of one (1) shade tree, or one (1) evergreen tree, every forty (40) linear feet.
(3) At least fifty percent (50%) of the required tree lawn shall consist of permeable living material.
(4) Up to fifty percent (50%) of the required tree lawn may consist of permeable nonliving material. (Ord. 2019-07-08 §1)
16.06.050 Fences, hedges, and walls.
(a) Fences, hedges and walls shall not exceed forty-eight (48) inches in height on vacant lots, unless used as a portion of a yard for an existing commercial use.
(b) Fences, hedges and walls shall not exceed six (6) feet in height and shall not exceed four (4) feet in height when located within the front setback.
(c) Barbed wire and electric fences shall not be permitted.
(d) Fences shall be set back eight (8) feet from the centerline of any alley and five (5) feet from any public sidewalk.
(e) Fences and walls shall complement the principal structure and be consistent and/or compatible in material, texture, size, shape and color. Chain link fences are prohibited.
(f) Fences and walls shall be maintained so that any deterioration or damage shall be promptly repaired to match the adjacent structurally sound portion of the fence. Fences and walls shall not be externally braced in lieu of replacing or repairing posts, columns or other structural elements. (Ord. 2024-07-15D §4; Ord. 2019-07-08 §1)
16.06.060 Minimum off-street parking requirements.
The number of off-street parking spaces required for each land use permitted in the C-1 Zone District shall be determined from the table below.
Unit Type (C-1) | Number of Parking Spaces Required |
|---|---|
Loft | 1/dwelling unit |
Accessory Building | 0 |
Child Care Center | 1.5/employee |
College and University Facilities | 2/classroom + 1/10 students |
Governmental Buildings and Uses | See note* |
Health Care Facility | 4/1,000 sf gla |
Parks, Recreation, and Cultural Services | See note* |
Utility, Major Services | 1/1,000 sf gfa |
Utility, Minor Services | 1/1,000 sf gfa |
Automotive Repair Services | 3/repair bay |
Consumer Convenience Services | 4/1,000 sf gla |
Convenience Stores With Gasoline Sales | 4/1,000 sf gla |
Financial Services | 3/1,000 sf gla |
Alternative Financial Services | 3/1,000 sf gla |
Food Sales, General | 4/1,000 sf gla |
Food Sales, Convenience | 4/1,000 sf gla |
Gasoline/Fuel Station | 3/1,000 sf gla |
Hotel/Motel | 1/room |
Liquor Store | 4/1,000 sf gla |
Medical Marijuana | 4/1,000 sf gla |
Retail Marijuana | 4/1,000 sf gla |
Personal Services, General | 3/1,000 sf gla |
Restaurants, Fast Food With Drive-Through | 10/1,000 sf gla min / 15/1,000 sf gla max |
Retail Sales, General | 4/1,000 sf gla |
Restaurants, General | 5/1,000 sf gla |
Tavern, Lounge, Private Club | 5/1,000 sf gla |
Veterinary Services (No Outdoor Boarding) | 4/1,000 sf gla |
Business and Professional | 3/1,000 sf gla |
Medical/Dental | 4/1,000 sf gla |
Commercial Parking | See note* |
Custom or Artisanal Manufacturing | 3/1,000 sf gla |
*Off-street parking requirements for commercial parking, public parks, and governmental buildings shall be determined at the time of issuance of the permit.
**If the number of parking spaces required results in a fractional space, any fraction shall be counted as one (1) additional parking space.
Surface parking lots with four (4) or more parking spaces are subject to the additional setback standards outlined in the table below.
C-1 Parking Setback Standards | 4+ Parking Spaces |
|---|---|
Min Setback From Public Sidewalk (ft) | 5 |
Min Setback From Residential Property (ft) | 7 |
Min Setback From Property Lines (ft) | 5 |
(a) All areas designed or required for parking or loading shall be approved by the Town.
(b) All required off-street parking spaces shall have a minimum width of eight and one-half (8.5) feet and a minimum length of seventeen and one-half (17.5) feet.
(c) All off-street parking areas shall be graded for proper drainage and consist of an all-weather surface material of either concrete, asphalt, or other equivalent material acceptable to the local fire department jurisdiction and Zoning Administrator.
(d) For properties with four (4) or more parking spaces, the access drive, as measured at the front property line, and all associated driveway aisles shall be twenty-six (26) feet. Access drives shall be limited to one (1) drive per property owner or business, whichever is less, per road frontage. Shared access is highly encouraged.
(1) Properties with existing curb cuts that exceed the maximum number of access drives, and operate a drive-through use, are exempt from this requirement.
(e) Parking is permitted between the principal structure and the primary and/or side streets. Rear- and side-facing parking is encouraged.
(f) All parking and loading areas shall be maintained in good condition and free from debris, vegetation, or any other objects that may interfere with the ability to use the area for parking.
(g) In the case of mixed land uses, the total parking requirement shall be the average of the requirements of each land use. The Zoning Administrator may approve a reduction of up to twenty-five percent (25%) in parking requirements, if the applicant can demonstrate that the associated land uses would allow for significant shared parking (such as different hours or days of operation).
(h) For uses or structures not specifically identified in the table above, off-street parking requirements shall be determined by the Zoning Administrator. If necessary, a parking report shall be prepared by a traffic professional or engineer in order to determine minimum alternatives.
(i) The Zoning Administrator may approve a reduction of up to twenty-five percent (25%) in parking requirements for changes in use within existing structures. Nonconforming small or irregularly shaped lots with existing structures may be eligible for a reduction of up to thirty-five percent (35%) in parking requirements.
(j) Parking lots adjacent to any lot zoned R-2 or R-3 shall be screened. Such screening may include solid fence of six (6) feet in height and dense landscaping.
(k) Parking lots adjacent to public right-of-way shall be screened using dense shrubbery, low walls, berms or a combination of these methods at a minimum of three (3) feet in height.
(l) All overnight storage of vehicles for repair, tires or other related materials shall be screened from public view by an evergreen hedge with a minimum height of thirty-six (36) inches at planting and a mature height of at least six (6) feet, or a solid wood fence of six (6) feet in height.
(m) Any proposed off-street parking or alternative parking configurations shall require review and approval by the Zoning Administrator. (Ord. 2019-07-08 §1)
16.06.070 Screening requirements.
(a) All trash containers and dumpsters shall be contained within solid enclosures screened from adjacent residential properties and public right-of-way with a fence, wall, or dense landscaping. The access side of the dumpster shall be screened by an opaque gate, but no landscaping is required on the access side. Chain link gates with opaque slats are not acceptable, and all gates must include a self-latching mechanism to keep gates closed when not in use.
(b) Trash areas shall be designed to include the screening of large items (e.g., skids and pallets).
(c) Ground-mounted outdoor mechanical equipment shall be located in the least obtrusive location possible and screened from public right-of-way and adjacent properties by a fence, wall, or dense landscaping, consistent with the standards outlined in this Section.
(d) Roof-mounted outdoor mechanical equipment shall be integrated into the design of the building through the use of parapet walls or other architectural elements. Alternatively, roof-mounted equipment may be screened so as to not be visible from adjacent residential properties and public right-of-way. No wooden, vinyl, tarpaulin, or chain link fencing may be used for rooftop screening.
(e) All utilities (water, gas, electric, etc.) shall be screened by fences, walls, or dense landscaping.
(f) Screening fences and walls abutting buildings shall be made of the same finish material, or a visually compatible material, such as solid masonry or decorative precast concrete, as the principal structure.
(g) All screening fences and walls shall be six (6) feet in height, and the perimeter shall be landscaped as follows: within a minimum five-foot-wide planting strip adjacent to the fence or wall, a continuous row of evergreen shrubs shall be planted at a minimum spacing of one (1) shrub every five (5) linear feet of fence or wall. (Ord. 2019-07-08 §1)
16.06.072 Exterior lighting standards.
(a) A photometric lighting plan is required to be submitted with the required development plan for all development in the C-1 Zone District. The plan shall include locations of proposed lighting fixtures and calculation of light levels (either in lumens or foot-candles).
(b) Adequate exterior lighting shall be provided to ensure safety for pedestrians and building occupants when building(s) are in use.
(c) Exterior lighting fixtures, standards, and exposed accessories shall be harmonious with building design and materials.
(d) All lights, except those required for security, shall be extinguished within one (1) hour from close of business and shall remain extinguished until one (1) hour prior to commencement of business operations.
(e) Exterior lighting shall be designed and oriented to reduce glare, including being shielded and directed downward, and to avoid adverse effects, reflection and/or light pollution on adjacent properties, streets, public rights-of-way, and the night sky. Exterior lighting is not permitted to transcend beyond the property boundaries.
(f) Exterior lighting may be used for general site illumination of, but not limited to, the following areas:
(1) All entrances and exits to all structures on the lot.
(2) Parking lots, drive aisles and service areas.
(3) Private sidewalks and pedestrian walkways.
(4) Architectural and/or structural accents.
(5) Landscape lighting.
(6) Safety lighting.
(g) The following exterior lighting elements are strictly prohibited:
(1) Exterior light(s) with animated, blinking, or flashing bulbs, or light(s) with changing intensity or brightness.
(2) Aerial-facing exterior light(s) including, but not limited to, aerial lasers, searchlights, flood lamps, or rotating beacons.
(3) Exterior light(s) that may be construed as warning signals, emergency signals or traffic signals.
(4) Exterior light(s) that may interfere with traffic and/or driver visibility on adjacent streets.
(5) Freestanding light fixtures, including light poles, over eighteen (18) feet in height.
(6) Structural or wall-mounted light fixture(s) exceeding the height of the wall they are mounted on.
(h) The following lighting elements are exempt from the aforementioned lighting standards:
(1) Seasonal holiday lighting.
(2) Existing lighting that remains operational and unchanged in location, intensity, design and volume (with exceptions for allowable standard maintenance).
(3) Lighting required by any federal, state, or local government agency.
(4) Lighting approved by the Zoning Administrator as part of special events.
(5) Low-voltage lighting, including landscape lighting, that is one hundred (100) watts or less per fixture.
(i) The use of energy efficient lighting technologies is encouraged. (Ord. 2019-07-08 §1)
16.06.074 Architectural requirements.
Each building within the C-1 Zone District shall incorporate a significant level of architectural detailing on all sides. Blank walls void of architectural details or other variations are prohibited. Four (4) sided design shall be achieved by meeting the following requirements:
(a) The following materials are required as the primary exterior building material:
(1) Brick, stone, integral colored concrete masonry units, hard coat stucco, synthetic brick and masonry materials.
(b) The following materials are prohibited from use on exterior building walls:
(1) Untextured tilt-up concrete panels.
(2) Corrugated metal.
(3) Vinyl or aluminum siding.
(4) Wood or plywood, except in limited decorative or accent purposes.
(5) Mirrored or reflective glass, except in limited decorative or accent purposes comprising no more than twenty-five percent (25%) of the exterior building walls.
(c) A single, large, dominant building mass shall be avoided by dividing façades and structural components into a series of smaller elements. No individual component shall have a horizontal length of more than fifty (50) feet. Components shall be distinguished from one another on all sides using the following methods:
(1) Variations in façade setback of one (1) foot or more.
(2) Variations in roof form or height of two (2) feet or more.
(3) Variations in the arrangement or articulation of windows.
(4) Recognizable changes in texture, surface colors, or finish materials.
(d) Buildings shall feature architectural details on the entry side of the structure. A combination of at least three (3) or more of the following techniques shall be used:
(1) Projecting or recessed entry.
(2) A majority or predominance of windows or glazing.
(3) Canopy, portico archway, arcade, or similar projection that provides architectural interest and protection for pedestrians.
(4) Changes in wall plane or building massing, including upper level setbacks.
(5) Sloped roof or dormers.
(6) Prominent identifying feature such as cupola, rotunda, spire, dome, clock, or tower to create visual interest.
(7) Outdoor features, such as seat walls, permanent landscape planters with integrated benches; or architectural detailing at pedestrian view level.
(e) All principal structures shall meet a minimum building height of fifteen (15) feet. This standard may be attained by using roofline parapet walls and does not need to constitute fully enclosed leasable space.
(1) Buildings more than fifty (50) feet and up to one hundred (100) feet in horizontal length shall meet the required minimum height with at least seventy-five percent (75%) of roofline. Up to twenty-five percent (25%) of roofline may meet a reduced minimum height of thirteen (13) feet.
(2) Buildings more than one hundred (100) feet in horizontal length shall meet the required minimum height with at least fifty percent (50%) of roofline. Up to fifty percent (50%) may meet a reduced minimum height of thirteen (13) feet.
(f) All buildings of more than one (1) story in height shall be designed with no windows or balconies above the second floor facing towards an adjacent property zoned R-2 or R-3.
(g) All façades facing a street or public area shall be at least thirty percent (30%) transparent, including all clear/nonreflective glazing, glass, transparent doors and windows.
(h) Glazing shall be maintained without interior or exterior obstructions that limit visibility, including, but not limited to, window signs, interior shelving, or window coverings (excluding window shades or blinds). (Ord. 2019-07-08 §1)
16.06.080 General requirements.
(a) A development plan is required for all principal permitted uses and structures.
(b) All principal structures and main building entrance(s) should be oriented to the primary street, in compatibility with the existing structures on the face block. No structure shall be designed or oriented to expose loading docks, service areas, or trash/dumpster areas to the public right-of-way or residential zone districts without appropriate screening, as outlined in Section 16.06.070.
(c) No fence, wall, structure, hedge or other obstruction to view shall be erected, placed or maintained within the vision clearance triangle.
(d) All commercial activities, except outdoor seating areas for restaurants, shall occur within a completely enclosed building. Outdoor display of products for sale is prohibited.
(e) Each business located within the C-1 Zone District and operated in compliance with all applicable zoning regulations may have up to three (3) sales per year at which merchandise is displayed outside, such as a “sidewalk sale.” Each such outdoor sale shall be limited to forty-eight (48) hours in duration. At least ten (10) days prior to each such sale, the business shall obtain a permit from the Town, but there shall be no fee for the permit. Nothing herein shall relieve the business from collecting all applicable sales taxes on all items sold during such sale. Christmas tree sales only are permitted in addition to the provision for sidewalk sales. (Ord. 2019-07-08 §1)
16.06.010 Intent and purpose.
The Commercial-1 (C-1) Zone District is intended to provide safe, efficient areas in which to offer goods and services at wholesale or retail for the general public. The uses permitted in the C-1 Zone District shall be designed and operated in a manner that minimizes undesirable impacts on the surrounding properties. (Ord. 2019-07-08 §1)
16.06.020 Principal permitted uses.
The following are principal permitted uses in the C-1 Zone District:
(a) Medical and dental offices, clinics and small animal veterinary clinics with no outside holding facilities.
(b) Business and professional offices.
(c) State-licensed child care centers.
(d) Dining establishments, drug stores, liquor stores, florists, news and book sales, video rental stores, hardware stores, feed stores, automotive supply stores, butcher shops, furniture stores, bakeries, ice cream parlors, delicatessens and other similar uses.
(e) Automotive repair, excluding automobile body repair and provided that no junk or stored vehicles shall be kept on the premises and the premises complies with the Wheat Ridge Fire Protection District regulations. For the purposes of this Section only, junk and stored vehicles shall mean any vehicle that, in the Town’s determination, meets the definition of “abandoned motor vehicle” set forth at C.R.S. § 42-4-2102(1) et seq., as may be amended from time to time. A rebuttable presumption arises that a vehicle is abandoned when it has remained on the premises for thirty (30) consecutive days without physical work being performed on it. The Town’s determination that a vehicle is abandoned may be rebutted by sufficient evidence to the contrary provided by the automobile body repair shop. Notwithstanding the foregoing, a motor vehicle that is otherwise inoperable but that is properly registered, and its taxes paid for under C.R.S. § 42-3-118.5 et seq., as amended, shall not be deemed a junk or stored vehicle.
(f) Low intensity specialty goods and services, including: art galleries, antiques, artisan shops, gift shops, plant stores or nurseries, photography studio and developing, pet stores, copying and blueprinting, apparel, appliances and other similar uses.
(g) Taverns, lounges and private clubs.
(h) Residential uses along Sheridan Boulevard existing as of the effective date of the ordinance codified in this title are principal permitted uses in the C-1 Zone to which the restriction placed on nonconforming uses by Sections 16.09.050(a) through (d) and (f) shall not apply. Section 16.09.050(e) shall apply in that once a residential use is converted to a commercial use for a period of one hundred twenty (120) days it shall so remain and the right to a residential use shall be deemed forever lost and abandoned.
(i) Medical marijuana center, medical marijuana-infused products manufacturing operation, or optional premises cultivation operation, each only as permitted in Chapter 6, Article 6. (Ord. 2023-08-21B §1; Ord. 2019-07-08 §1)
16.06.030 Uses permitted by special exception.
The following uses are permitted in the C-1 Zone District only by special exception:
(a) Convenience stores with gasoline sales, but not car washes or filling of propane tanks.
(b) Fast food sales with drive-through facilities. (Ord. 2019-07-08 §1)
16.06.040 Lot and building standards.
Lot and building standards for the C-1 Zone District are set forth in the table below.
C-1 Development Standards | Permitted Commercial Uses |
|---|---|
Max Height (ft) | 37 |
Min Lot Size (sf)* | 6,250 |
Min Front Setback (ft) | 10 |
Min Side Setback (ft) | 10 |
Min Side Setback (ft) (Adjacent to R-2/R-3) | 20 |
Min Rear Setback (ft) | 10 |
Min Rear Setback (ft) (Adjacent to R-2/R-3) | 20 |
*Minimum lot size may be subject to an administrative adjustment by the Zoning Administrator, allowing up to a ten percent (10%) reduction in lot size.
(Ord. 2019-07-08 §1)
16.06.042 Detached accessory structure building standards.
Lot and building standards for accessory structures in the C-1 Zone District are set forth in the table below. Residential accessory structures/uses are not permitted in the C-1 Zone District. Mini-structures, as defined in Section 16.01.090, are exempt from these standards.
C-1 Development Standards | Nonresidential Accessory Structure |
|---|---|
Max Height (ft) | 24 |
Max Building Coverage (sf) | 1,000 |
Min Front Setback (ft) | 20 |
Min Side Setback (ft) | 20 |
Min Rear Setback (to Accessory Building) (ft) | 10 |
*If the principal structure is one (1) story, the height of all accessory structures shall not exceed one hundred twenty-five percent (125%) the height of the principal structure. If the principal structure is two (2) stories or more, the height of all accessory structures shall not exceed the height of the principal structure.
(Ord. 2019-07-08 §1)
16.06.044 Landscaping standards.
The following landscaping standards shall apply to all development in the C-1 Zone District. See Figure 16.06.044(a) for reference.
Figure 16.06.044(a).
(a) A landscape plan is required to be submitted with the required development plan for all development in the C-1 Zone District. The plan shall include:
(1) Location, dimension, and square footage of all landscaped areas, including calculations for total lot area, total landscaped area, and areas of living and nonliving materials.
(2) Location, type, size and quantity of proposed plants and other materials.
(3) Location and type of irrigation system, if applicable.
(4) Existing trees to be preserved or removed as a result of new construction.
(b) Landscaping materials shall be evenly distributed throughout the areas to be landscaped in such a manner to avoid over massing. The location of required landscaping materials, including trees, may be flexible to preserve visibility of commercial uses and access to commercial properties, at the discretion of the Zoning Administrator. However, required trees shall not be moved from one (1) road frontage to another.
(c) All trees required under this Section shall be a minimum of one and one-half (1.5) inches in caliper. Additionally, a maximum of twenty-five percent (25%) of the required trees may be replaced with shrubs at a ratio of one (1) tree to five (5) shrubs.
(d) Landscaping shall consist of primarily indigenous and low water consumptive plants.
(e) Concrete, asphalt, and other nonpermeable materials are prohibited in the required landscaped areas.
The following landscaping standards shall apply to on-site areas of development in the C-1 Zone District:
(f) The minimum permeable landscaped area shall be fifteen percent (15%) of the total lot area. All required landscaping shall be located in front of, or alongside, the principal structure. Any landscaping located behind the principal structure shall not count toward minimum landscaping requirements.
(1) A minimum of seventy-five percent (75%) of the required landscaped area shall be comprised of living material, with a maximum of twenty-five percent (25%) permitted as nonliving material.
(2) In all landscaping areas, one (1) tree and five (5) shrubs shall be planted for each one thousand five hundred (1,500) square feet of lot area not covered by a building or required parking.
(g) Parking setbacks for parking lots containing four (4) or more parking spaces shall be fully landscaped along all areas abutting the parking use.
(h) All commercial development requiring twelve (12) or more parking spaces shall allocate a minimum of ten percent (10%) of the total area covered by the parking lot for landscaped islands.
(1) Landscaped parking lot islands shall be at least one hundred fifty (150) square feet in area and contain a minimum of four (4) shrubs and one (1) tree per island.
(2) Landscaped parking lot islands shall be dispersed throughout the parking lot to divide large expanses of paving. No more than fifteen (15) parking spaces shall be in a continuous row without landscaped islands.
(3) Landscaped parking lot islands shall not count toward minimum landscaping requirements.
The following landscaping standards shall apply to all areas abutting public residential or arterial streets in the C-1 Zone District:
(i) Trees and lawn shall occupy at least seventy-five percent (75%) of lot frontage on a public residential street, excluding any access drive. For properties with four (4) or more parking spaces, the landscaping requirements in Subsection (g) of this Section shall satisfy this standard. The required seventy-five percent (75%) shall be landscaped with a minimum of one (1) shade tree or one (1) evergreen tree for every forty (40) linear feet of road frontage. On lots with road frontage greater than eighty (80) feet in width, trees shall be planted at minimum intervals of forty (40) feet.
(j) Commercial lots along 44th Avenue and Sheridan Boulevard are subject to the following additional standards:
(1) A tree lawn of at least four (4) feet in width, as measured perpendicular to the street, shall be located between the sidewalk and 44th Avenue and the sidewalk and Sheridan Boulevard. The tree lawn shall extend along the full length of each street-facing property line, excluding access drives.
(2) The required tree lawn shall be landscaped with a minimum of one (1) shade tree, or one (1) evergreen tree, every forty (40) linear feet.
(3) At least fifty percent (50%) of the required tree lawn shall consist of permeable living material.
(4) Up to fifty percent (50%) of the required tree lawn may consist of permeable nonliving material. (Ord. 2019-07-08 §1)
16.06.050 Fences, hedges, and walls.
(a) Fences, hedges and walls shall not exceed forty-eight (48) inches in height on vacant lots, unless used as a portion of a yard for an existing commercial use.
(b) Fences, hedges and walls shall not exceed six (6) feet in height and shall not exceed four (4) feet in height when located within the front setback.
(c) Barbed wire and electric fences shall not be permitted.
(d) Fences shall be set back eight (8) feet from the centerline of any alley and five (5) feet from any public sidewalk.
(e) Fences and walls shall complement the principal structure and be consistent and/or compatible in material, texture, size, shape and color. Chain link fences are prohibited.
(f) Fences and walls shall be maintained so that any deterioration or damage shall be promptly repaired to match the adjacent structurally sound portion of the fence. Fences and walls shall not be externally braced in lieu of replacing or repairing posts, columns or other structural elements. (Ord. 2024-07-15D §4; Ord. 2019-07-08 §1)
16.06.060 Minimum off-street parking requirements.
The number of off-street parking spaces required for each land use permitted in the C-1 Zone District shall be determined from the table below.
Unit Type (C-1) | Number of Parking Spaces Required |
|---|---|
Loft | 1/dwelling unit |
Accessory Building | 0 |
Child Care Center | 1.5/employee |
College and University Facilities | 2/classroom + 1/10 students |
Governmental Buildings and Uses | See note* |
Health Care Facility | 4/1,000 sf gla |
Parks, Recreation, and Cultural Services | See note* |
Utility, Major Services | 1/1,000 sf gfa |
Utility, Minor Services | 1/1,000 sf gfa |
Automotive Repair Services | 3/repair bay |
Consumer Convenience Services | 4/1,000 sf gla |
Convenience Stores With Gasoline Sales | 4/1,000 sf gla |
Financial Services | 3/1,000 sf gla |
Alternative Financial Services | 3/1,000 sf gla |
Food Sales, General | 4/1,000 sf gla |
Food Sales, Convenience | 4/1,000 sf gla |
Gasoline/Fuel Station | 3/1,000 sf gla |
Hotel/Motel | 1/room |
Liquor Store | 4/1,000 sf gla |
Medical Marijuana | 4/1,000 sf gla |
Retail Marijuana | 4/1,000 sf gla |
Personal Services, General | 3/1,000 sf gla |
Restaurants, Fast Food With Drive-Through | 10/1,000 sf gla min / 15/1,000 sf gla max |
Retail Sales, General | 4/1,000 sf gla |
Restaurants, General | 5/1,000 sf gla |
Tavern, Lounge, Private Club | 5/1,000 sf gla |
Veterinary Services (No Outdoor Boarding) | 4/1,000 sf gla |
Business and Professional | 3/1,000 sf gla |
Medical/Dental | 4/1,000 sf gla |
Commercial Parking | See note* |
Custom or Artisanal Manufacturing | 3/1,000 sf gla |
*Off-street parking requirements for commercial parking, public parks, and governmental buildings shall be determined at the time of issuance of the permit.
**If the number of parking spaces required results in a fractional space, any fraction shall be counted as one (1) additional parking space.
Surface parking lots with four (4) or more parking spaces are subject to the additional setback standards outlined in the table below.
C-1 Parking Setback Standards | 4+ Parking Spaces |
|---|---|
Min Setback From Public Sidewalk (ft) | 5 |
Min Setback From Residential Property (ft) | 7 |
Min Setback From Property Lines (ft) | 5 |
(a) All areas designed or required for parking or loading shall be approved by the Town.
(b) All required off-street parking spaces shall have a minimum width of eight and one-half (8.5) feet and a minimum length of seventeen and one-half (17.5) feet.
(c) All off-street parking areas shall be graded for proper drainage and consist of an all-weather surface material of either concrete, asphalt, or other equivalent material acceptable to the local fire department jurisdiction and Zoning Administrator.
(d) For properties with four (4) or more parking spaces, the access drive, as measured at the front property line, and all associated driveway aisles shall be twenty-six (26) feet. Access drives shall be limited to one (1) drive per property owner or business, whichever is less, per road frontage. Shared access is highly encouraged.
(1) Properties with existing curb cuts that exceed the maximum number of access drives, and operate a drive-through use, are exempt from this requirement.
(e) Parking is permitted between the principal structure and the primary and/or side streets. Rear- and side-facing parking is encouraged.
(f) All parking and loading areas shall be maintained in good condition and free from debris, vegetation, or any other objects that may interfere with the ability to use the area for parking.
(g) In the case of mixed land uses, the total parking requirement shall be the average of the requirements of each land use. The Zoning Administrator may approve a reduction of up to twenty-five percent (25%) in parking requirements, if the applicant can demonstrate that the associated land uses would allow for significant shared parking (such as different hours or days of operation).
(h) For uses or structures not specifically identified in the table above, off-street parking requirements shall be determined by the Zoning Administrator. If necessary, a parking report shall be prepared by a traffic professional or engineer in order to determine minimum alternatives.
(i) The Zoning Administrator may approve a reduction of up to twenty-five percent (25%) in parking requirements for changes in use within existing structures. Nonconforming small or irregularly shaped lots with existing structures may be eligible for a reduction of up to thirty-five percent (35%) in parking requirements.
(j) Parking lots adjacent to any lot zoned R-2 or R-3 shall be screened. Such screening may include solid fence of six (6) feet in height and dense landscaping.
(k) Parking lots adjacent to public right-of-way shall be screened using dense shrubbery, low walls, berms or a combination of these methods at a minimum of three (3) feet in height.
(l) All overnight storage of vehicles for repair, tires or other related materials shall be screened from public view by an evergreen hedge with a minimum height of thirty-six (36) inches at planting and a mature height of at least six (6) feet, or a solid wood fence of six (6) feet in height.
(m) Any proposed off-street parking or alternative parking configurations shall require review and approval by the Zoning Administrator. (Ord. 2019-07-08 §1)
16.06.070 Screening requirements.
(a) All trash containers and dumpsters shall be contained within solid enclosures screened from adjacent residential properties and public right-of-way with a fence, wall, or dense landscaping. The access side of the dumpster shall be screened by an opaque gate, but no landscaping is required on the access side. Chain link gates with opaque slats are not acceptable, and all gates must include a self-latching mechanism to keep gates closed when not in use.
(b) Trash areas shall be designed to include the screening of large items (e.g., skids and pallets).
(c) Ground-mounted outdoor mechanical equipment shall be located in the least obtrusive location possible and screened from public right-of-way and adjacent properties by a fence, wall, or dense landscaping, consistent with the standards outlined in this Section.
(d) Roof-mounted outdoor mechanical equipment shall be integrated into the design of the building through the use of parapet walls or other architectural elements. Alternatively, roof-mounted equipment may be screened so as to not be visible from adjacent residential properties and public right-of-way. No wooden, vinyl, tarpaulin, or chain link fencing may be used for rooftop screening.
(e) All utilities (water, gas, electric, etc.) shall be screened by fences, walls, or dense landscaping.
(f) Screening fences and walls abutting buildings shall be made of the same finish material, or a visually compatible material, such as solid masonry or decorative precast concrete, as the principal structure.
(g) All screening fences and walls shall be six (6) feet in height, and the perimeter shall be landscaped as follows: within a minimum five-foot-wide planting strip adjacent to the fence or wall, a continuous row of evergreen shrubs shall be planted at a minimum spacing of one (1) shrub every five (5) linear feet of fence or wall. (Ord. 2019-07-08 §1)
16.06.072 Exterior lighting standards.
(a) A photometric lighting plan is required to be submitted with the required development plan for all development in the C-1 Zone District. The plan shall include locations of proposed lighting fixtures and calculation of light levels (either in lumens or foot-candles).
(b) Adequate exterior lighting shall be provided to ensure safety for pedestrians and building occupants when building(s) are in use.
(c) Exterior lighting fixtures, standards, and exposed accessories shall be harmonious with building design and materials.
(d) All lights, except those required for security, shall be extinguished within one (1) hour from close of business and shall remain extinguished until one (1) hour prior to commencement of business operations.
(e) Exterior lighting shall be designed and oriented to reduce glare, including being shielded and directed downward, and to avoid adverse effects, reflection and/or light pollution on adjacent properties, streets, public rights-of-way, and the night sky. Exterior lighting is not permitted to transcend beyond the property boundaries.
(f) Exterior lighting may be used for general site illumination of, but not limited to, the following areas:
(1) All entrances and exits to all structures on the lot.
(2) Parking lots, drive aisles and service areas.
(3) Private sidewalks and pedestrian walkways.
(4) Architectural and/or structural accents.
(5) Landscape lighting.
(6) Safety lighting.
(g) The following exterior lighting elements are strictly prohibited:
(1) Exterior light(s) with animated, blinking, or flashing bulbs, or light(s) with changing intensity or brightness.
(2) Aerial-facing exterior light(s) including, but not limited to, aerial lasers, searchlights, flood lamps, or rotating beacons.
(3) Exterior light(s) that may be construed as warning signals, emergency signals or traffic signals.
(4) Exterior light(s) that may interfere with traffic and/or driver visibility on adjacent streets.
(5) Freestanding light fixtures, including light poles, over eighteen (18) feet in height.
(6) Structural or wall-mounted light fixture(s) exceeding the height of the wall they are mounted on.
(h) The following lighting elements are exempt from the aforementioned lighting standards:
(1) Seasonal holiday lighting.
(2) Existing lighting that remains operational and unchanged in location, intensity, design and volume (with exceptions for allowable standard maintenance).
(3) Lighting required by any federal, state, or local government agency.
(4) Lighting approved by the Zoning Administrator as part of special events.
(5) Low-voltage lighting, including landscape lighting, that is one hundred (100) watts or less per fixture.
(i) The use of energy efficient lighting technologies is encouraged. (Ord. 2019-07-08 §1)
16.06.074 Architectural requirements.
Each building within the C-1 Zone District shall incorporate a significant level of architectural detailing on all sides. Blank walls void of architectural details or other variations are prohibited. Four (4) sided design shall be achieved by meeting the following requirements:
(a) The following materials are required as the primary exterior building material:
(1) Brick, stone, integral colored concrete masonry units, hard coat stucco, synthetic brick and masonry materials.
(b) The following materials are prohibited from use on exterior building walls:
(1) Untextured tilt-up concrete panels.
(2) Corrugated metal.
(3) Vinyl or aluminum siding.
(4) Wood or plywood, except in limited decorative or accent purposes.
(5) Mirrored or reflective glass, except in limited decorative or accent purposes comprising no more than twenty-five percent (25%) of the exterior building walls.
(c) A single, large, dominant building mass shall be avoided by dividing façades and structural components into a series of smaller elements. No individual component shall have a horizontal length of more than fifty (50) feet. Components shall be distinguished from one another on all sides using the following methods:
(1) Variations in façade setback of one (1) foot or more.
(2) Variations in roof form or height of two (2) feet or more.
(3) Variations in the arrangement or articulation of windows.
(4) Recognizable changes in texture, surface colors, or finish materials.
(d) Buildings shall feature architectural details on the entry side of the structure. A combination of at least three (3) or more of the following techniques shall be used:
(1) Projecting or recessed entry.
(2) A majority or predominance of windows or glazing.
(3) Canopy, portico archway, arcade, or similar projection that provides architectural interest and protection for pedestrians.
(4) Changes in wall plane or building massing, including upper level setbacks.
(5) Sloped roof or dormers.
(6) Prominent identifying feature such as cupola, rotunda, spire, dome, clock, or tower to create visual interest.
(7) Outdoor features, such as seat walls, permanent landscape planters with integrated benches; or architectural detailing at pedestrian view level.
(e) All principal structures shall meet a minimum building height of fifteen (15) feet. This standard may be attained by using roofline parapet walls and does not need to constitute fully enclosed leasable space.
(1) Buildings more than fifty (50) feet and up to one hundred (100) feet in horizontal length shall meet the required minimum height with at least seventy-five percent (75%) of roofline. Up to twenty-five percent (25%) of roofline may meet a reduced minimum height of thirteen (13) feet.
(2) Buildings more than one hundred (100) feet in horizontal length shall meet the required minimum height with at least fifty percent (50%) of roofline. Up to fifty percent (50%) may meet a reduced minimum height of thirteen (13) feet.
(f) All buildings of more than one (1) story in height shall be designed with no windows or balconies above the second floor facing towards an adjacent property zoned R-2 or R-3.
(g) All façades facing a street or public area shall be at least thirty percent (30%) transparent, including all clear/nonreflective glazing, glass, transparent doors and windows.
(h) Glazing shall be maintained without interior or exterior obstructions that limit visibility, including, but not limited to, window signs, interior shelving, or window coverings (excluding window shades or blinds). (Ord. 2019-07-08 §1)
16.06.080 General requirements.
(a) A development plan is required for all principal permitted uses and structures.
(b) All principal structures and main building entrance(s) should be oriented to the primary street, in compatibility with the existing structures on the face block. No structure shall be designed or oriented to expose loading docks, service areas, or trash/dumpster areas to the public right-of-way or residential zone districts without appropriate screening, as outlined in Section 16.06.070.
(c) No fence, wall, structure, hedge or other obstruction to view shall be erected, placed or maintained within the vision clearance triangle.
(d) All commercial activities, except outdoor seating areas for restaurants, shall occur within a completely enclosed building. Outdoor display of products for sale is prohibited.
(e) Each business located within the C-1 Zone District and operated in compliance with all applicable zoning regulations may have up to three (3) sales per year at which merchandise is displayed outside, such as a “sidewalk sale.” Each such outdoor sale shall be limited to forty-eight (48) hours in duration. At least ten (10) days prior to each such sale, the business shall obtain a permit from the Town, but there shall be no fee for the permit. Nothing herein shall relieve the business from collecting all applicable sales taxes on all items sold during such sale. Christmas tree sales only are permitted in addition to the provision for sidewalk sales. (Ord. 2019-07-08 §1)