The C-1 commercial zone district shall be governed in conformity with the following regulations.

(Ord. 2001-5 § 2 (part): prior code § 13-04-080 (part))

The C-1 district pertains to the present downtown business area lying easterly of Elk Creek, westerly of First Street and Mattivi Avenue, northerly of the Denver and Rio Grande Western Railroad right-of-way, and southerly of the centerline of the east-west alley lying north of Main Street, all within the original townsite of New Castle.

(Ord. 2001-5 § 2 (part): prior code § 13-04-080(A))

The town's goals within the C-1 district are to retain historical characteristics of the downtown business area by preserving existing structures constructed prior to the year 1930. Remodeling and construction is encouraged to reflect the goals of the zone district; to enhance the town's attraction to residents, tourists, and visitors; to serve as a support and stimulus to business and industry; to reflect a pedestrian orientation; and to enhance property values.

(Ord. 2001-5 § 2 (part): prior code § 13-04-080(B))

A.

Any of the uses set out in subsections (B) through (D) are permitted outright provided the following requirements are complied with:

1.

All fabrication, service and repair operations are conducted within a building;

2.

All storage of materials shall be within a building or obscured by a fence of at least six (6) feet in height;

3.

Storage areas shall be restricted to the rear twenty-five (25) feet of the lot(s); and

B.

Retail establishments for the trade and sales of the following goods and materials:

1.

Antiques;

2.

Appliances;

3.

Art and art supplies;

4.

Automotive parts, new;

5.

Bakery and doughnut shop;

6.

Beverages;

7.

Books, magazines, newspapers;

8.

Cafe, coffee shop;

9.

Clothing;

10.

Dry goods;

11.

Feed and pet supplies;

12.

Food;

13.

Furniture;

14.

Garden supply and plants;

15.

Groceries;

16.

Hardware, general and specialty;

17.

Jewelry;

18.

Office materials and supply.

C.

Personal service establishment, including:

1.

Art gallery;

2.

Automatic laundry/laundromat for individual use;

3.

Bank;

4.

Barber, beauty shop;

5.

Day care facility for children under thirteen (13) years of age;

6.

Indoor recreation;

7.

Indoor theater;

8.

Laundry or dry cleaning station for individual pick-up only;

9.

Medical/health clinic limited to human outpatient services with floor area of no more than two thousand (2,000) square feet;

10.

Office for the conduct of a business or profession;

11.

Pharmacy;

12.

Photography supply, studio;

13.

Printing shop;

14.

Private club;

15.

Reading room;

16.

Real estate sales office;

17.

Restaurant, with or without a bar;

18.

Shoe repair;

19.

Studio for the conduct of arts and crafts instruction;

20.

Tailor shop;

21.

Tavern;

22.

Travel agency.

D.

Residential. One (1) or more residential dwelling unit(s) when located on a floor above the ground floor of a commercial use building, or, when located on a ground floor and within the rear forty (40) feet of a lot, within a commercial use building.

(Ord. No. TC 2020-03, § 2, 7-21-2020)

Editor's note— Ord. No. TC 2020-03, § 2, adopted July 21, 2020, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from prior code § 13-04-080(D); Ord. No. 2001-5, § 2; Ord. No. 2005-16, § 4; Ord. No. 2013-4, § 2(A), 6-18-2013.

A.

Any use listed under permitted uses above which use is to be a drive-in establishment or facility where the customer receives goods or services while occupying a vehicle.

B.

The following uses may be allowed subject to the provisions and requirements of Chapter 17.84 of this title:

1.

Auditorium, public or private;

2.

Automobile service station, with or without minor repairs;

3.

Automobile, small truck, trailer rental facility;

4.

Automobile washing facility;

5.

Church or facility for any recognized established religion;

6.

Community building operated by the public;

7.

Educational facility, public or private;

8.

Emergency response, public safety facility;

9.

Facility for treatment, storage and disposal of wastewater;

10.

Facility for treatment, storage and distribution of drinking water;

11.

Fraternal lodge;

12.

Hotel, motel;

13.

Household appliance repair;

14.

Library, public or private;

15.

Medical/health clinic limited to human outpatient services with floor area of greater than two thousand (2,000) square feet;

16.

Mobile vending carts or stands;

17.

Mortuary;

18.

Municipal shop facility, for maintenance, repair and storage of equipment and materials for municipal services;

19.

Museum, public or private;

20.

Parking lot or garage as principal use of the lot;

21.

Public building for the administration of government;

22.

Residential apartment building;

23.

Residential single-family detached building occupying no more than one thousand two hundred (1,200) square feet of land area;

24.

Rooming and boarding house facility;

25.

Small engine repair and sales shop;

26.

Taxidermy shop;

27.

Temporary building to be used to conduct a permitted use;

28.

Utility substation, electric or gas, public or private;

29.

Veterinary clinic limited to small animal outpatient services, not including kennel.

C.

Any use not specifically defined in the permitted, conditional, or nonpermitted use categories shall be a conditional use.

(Ord. No. TC 2020-03, § 2, 7-21-2020)

Editor's note— Ord. No. TC 2020-03, § 2, adopted July 21, 2020, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from prior code § 13-04-080(C); Ord. No. 2001-5, § 2; Ord. No. 2005-16, §§ 2, 3.

The following uses are not permitted in the C-1 commercial zone district:

1.

Outside storage of wrecked or inoperable vehicles or equipment, salvage, scrap or other such items;

2.

Self-storage facilities;

3.

Petroleum, oil and gasoline storage;

4.

Recreation vehicle park;

5.

Propane storage;

6.

Auto wrecking and salvage yard;

7.

Auto storage yard;

8.

Truck repair and storage yard;

9.

Mobile home park;

10.

Asphalt batch plant;

11.

Concrete block and mixing plant;

12.

Concrete storage yard;

13.

Gravel extraction;

14.

Gravel storage;

15.

Mining operations;

16.

Adult entertainment establishment or sexually-oriented business;

17.

Testing laboratories, business research and development involving hazardous materials or pollution;

18.

Kennel.

(Ord. No. 2013-4, § 2(B), 6-18-2013)

A.

Minimum Lot Area.

1.

Residential, when allowed by special review:

a.

Single-family detached unit: two thousand five hundred (2,500) square feet per unit;

b.

Multifamily attached units: two thousand (2,000) square feet per unit.

2.

Commercial: two thousand five hundred (2,500) square feet, with or without a ground floor residential dwelling unit.

B.

Minimum Floor Area.

1.

Residential:

a.

Single and multifamily building: eight hundred (800) square feet per dwelling unit;

b.

Mixed-use commercial/residential building with or without a second story: four hundred (400) square feet per dwelling unit.

2.

Commercial: None.

C.

Minimum Setbacks.

D.

Maximum Building Height and Stories (Basement Excluded).

1.

Detached residential: thirty-two (32) feet, two stories;

2.

Commercial: forty (40) feet, three stories.

E.

Parking shall follow the requirements of 17.76.120 "Requirements and standards for off-street parking in the C-1 zone district."

(Ord. 2005-16 §§ 7, 8; Ord. 2001-5 § 2 (part): prior code § 13-04-080(G))

(Ord. No. 2010-4, § 4, 4-20-2010; Ord. No. 2010-9, § 2, 12-7-2010)

Editor's note— Ord. No. 2010-4, § 5, adopted Apr. 20, 2010, provides: "This Ordinance shall expire 24 months from the effective date, unless re-enacted by Town Council."

A.

Residential: refer to R-1 residential district, Chapter 17.20.

B.

Commercial uses established prior to the adoption of this title shall not be affected except:

1.

When a nonconforming use has changed to a conforming use;

2.

When a nonconforming use is discontinued for a period of six (6) months; or

3.

When a nonconforming building is dismantled, removed, demolished or condemned.

(Ord. 2001-5 § 2 (part): prior code § 13-04-080(H))

Except as otherwise provided in this chapter, any land surface and any work or improvements upon any real property within this C-1 commercial zone district shall be erected, removed, restored, altered or demolished in such a manner so as to maintain, protect and complement the historic character and qualities of buildings, structures and properties. In order to attain the goals as set forth in Section 17.36.030, all such work and improvements to be erected, removed, restored, altered or demolished, whether or not a town building permit is otherwise required for such work by separate town ordinances, shall be reviewed by the town building official and the town planner to certify whether or not such proposed work is in compliance with all applicable procedures, standards and guidelines including those as are set forth in this chapter.

All construction is subject to the town's building code. All exterior work proposed, whether or not a town building permit is required, shall be referred by the town building official to the town planner to determine compliance with the provisions of this section.

A.

Remodeling and restoration improvements to preexisting and/or nonconforming structures are encouraged and shall not affect their existing uses as described above. Exterior remodeling and improvements shall blend with the existing structure and surrounding neighborhood with the effect to retain and restore the district's historical characteristics.

B.

New additions to existing structures shall meet the setback requirements of this district. The exterior shall blend with the existing structure.

C.

New construction within this C-1 district shall be designed in relation to the historical characteristics of the district, so that the exterior features of such construction shall blend with the historical characteristics as established in this chapter.

D.

Nonpermitted materials for exterior finish are logs, exposed metals or materials of gloss finish, or vinyl-finish siding on nonresidential buildings.

(Ord. 2001-5 § 2 (part): prior code § 13-04-080(I))

Any person proposing to do any work as described in this section, unless said work is to be performed on a designated historic site, landmark or district, shall be required to obtain the required review and approvals as set forth in this section by obtaining a certificate of compliance with district historical characteristics from the town planner. The provisions of this Section 17.36.110 shall not apply to real property designated by the historic preservation committee as a historic site, landmark, or district that is located within the C-1 District; the provisions of Chapter 15.44 shall control with respect to such properties.

A.

Procedures.

1.

For work that requires a town building permit, the building official shall be assured that the plans submitted, and that the subsequent work done, are in compliance with the provisions of this section.

2.

All construction shall provide an architectural sketch plan of the building to accompany the building permit application and data describing the proposed construction to the office of the town clerk prior to issuance of a building permit.

3.

For work whether or not requiring a town building permit, a certificate of compliance shall be obtained from the town planner prior to the commencement of any such work within the district. The proponent of any such work shall submit an application for a certificate of compliance to the town planner and provide such plans, to include building elevations, site plans, specifications, drawings and descriptions so as to allow a determination of compliance with the provisions of this section, which application and plans shall immediately be referred to the town planner.

4.

Within seven (7) working days after receiving the application for a certificate of compliance, the town planner shall issue the certificate, deny it for reasons of noncompliance, or approve it with modifications agreed to by the applicant.

5.

The building official and the town planner will endeavor to provide such information and assistance to the applicant as is available to the town to attain compliance with the provisions of this section.

6.

There shall be no fees charged by the town to an applicant for the review or approval of an application for a certificate of compliance, except for any formal appeals made in accordance with other provisions of the ordinances of the town.

B.

Denial of a Building Permit or Certificate of Compliance.

1.

If the proposed work is found by the building official or the town planner to be not in compliance with the provisions of this subsection, he or she shall immediately notify the applicant in writing of the specific reasons for such denial.

2.

In the case of a denial of the certificate of compliance required by this section, the building official shall not issue the building permit for the proposed work unless and until such certificate is issued.

3.

Appeal of a denial of a building permit or a certificate of compliance shall be to the board of zoning adjustment, and shall be processed in accordance with Chapter 15.08 of Town Ordinance 261. Failure to file an appeal within the time limit specified in Section 17.12.030 shall waive any further rights to appeal such denial.

(Ord. 2001-5 § 2 (part): prior code § 13-04-080(J))

(Ord. No. TC-2015-3, § 2(C), 9-1-2015)

All work regarding the exterior visible appearance of any building or structure including new buildings or structures, or the alteration or repair of existing buildings or structures, shall be of such a design and employment of materials so as to appear similar to existing district historic buildings or structures constructed prior to 1930, or so as to maintain the historic character and appearance of the existing building or structure. For purposes of this section, structures shall include buildings, stairways, walls, fences, sheds, porches, roofs, awnings, and walkways.

A.

Existing buildings and structures shall:

1.

Retain the design and exterior appearance of the original structure;

2.

Utilize materials as used on the original structure as closely as practicable.

B.

Roofs of existing buildings and structures shall:

1.

Retain the design and appearance of the original building or structure to the extent practicable;

2.

Utilize only new materials that closely resemble original materials used on the existing building or structure.

C.

Materials of New Buildings and Structures.

1.

Materials, including wood, masonry, siding, trim, and glazing, shall be of similar materials as observed or utilized on nearby historic structures and buildings prior to the year 1930.

2.

Wood siding or other types of siding shall be applied only to the level and horizontal, or to the perpendicular and vertical to the horizontal.

3.

The exposed width of siding boards shall not exceed six (6) inches.

4.

Simulated wood siding may be used if made of tough durable materials.

5.

Simulated masonry siding, or logs shall not be used.

6.

Design, style and application of materials must employ or retain the appearance or existing nearby historic buildings and structures.

7.

Windows shall be of appearance and design similar to nearby historic buildings and structures. For separate residential buildings, no less than eighty (80) percent of the total number of windows in the structure shall have the vertical dimension at least twenty-five (25) percent greater than the horizontal dimension. For purposes of this subsection, each individual window frame shall be considered a single window, although several windows may be mulled together and delivered or installed as a unit.

D.

Roofs of separate residential buildings and structures shall:

1.

Be of a pitch from a ridge or peak of not less than six and one-half feet in twelve (12) feet on all roof sloping surfaces, except that porch or accessory shed roofs may have a slope of a lesser or greater pitch;

2.

Not have any face or surface of more than forty (40) feet in any dimension without articulation or a feature to add surfaces of different angles or pitch;

3.

Be of design and materials as are presently utilized and observed in nearby historic buildings in the district; and

4.

Not have materials that include clay tiles, natural or simulated, or other materials not utilized or observed on nearby historic buildings in the district.

(Ord. 2001-5 § 2 (part): prior code § 13-04-080(K))