The provisions under this chapter apply to the CR commercial-residential zone. Uses in the C commercial zone are regulated by Chapter 17.28, Commercial Zone, and uses in the IC industrial-commercial zone are regulated by Chapter 17.39, Industrial-Commercial Zone.

(Ord. No. 20-307, 10-6-2020)

The commercial-residential zone is intended to serve as a walkable, pedestrian-friendly, live-work community providing a three-dimensional center of vertical and horizontal mixed uses including single-family and multi-family residences which are stand-alone and/or integrated with commercial, cultural, and civic uses. It is also intended to become a transportation center in the form of a destination for vehicular, public transit, and rail traffic supporting all allowable uses.

In general, the zone provides for centers and uses of regional importance and provides an integrated and attractive environment for visitors and residents. It is intended to be an area of high intensity uses in which a full range of public facilities (including water, sewer, schools, law enforcement, fire protection, etc.) will generally be focused in accordance with the county master plan and connected to the immediate surrounding residential uses.

(Ord. No. 20-307, 10-6-2020)

The following uses are allowed in the CR commercial-residential zone unless stated otherwise:

A.

Retail uses and shopping centers:

1.

General stores, shopping centers, convenience stores, principal grocery stores; and neighborhood stores and shopping centers.

2.

Seasonal holiday sales and use.

3.

Seasonal farmers markets.

4.

The display, sale, lease, or rental of "adult" material is prohibited. Adult material includes books, merchandise, periodicals, video tapes, video disks including DVDs and other recorded video devices, computer disks, instruments, devices or paraphernalia which are distinguished or characterized by the emphasis on matter depicting, describing, or relating to "specific sexual activities" and "specific anatomical areas".

B.

Commercial offices and financial institutions:

1.

Real-estate permanent office, banks and credit unions, accountants, insurance, employment agencies, consulting firms, manufacturer representatives, newspapers, secretarial services, associations and other similar office uses and activities.

2.

Building maintenance and services.

3.

Business offices and professional buildings.

4.

Convention and meeting facilities.

C.

Personal services:

1.

Barbers, hair stylists, beauticians, manicurists/pedicurists, spas, salons, tailors, massage establishments, and similar type uses.

2.

Wedding chapels and travel agencies. A special use permit is required for cemeteries, columbariums, crematories, mausoleums, mortuaries, and funeral parlors.

3.

Laundromats.

4.

Laundry and dry cleaning pick-up service. A special use permit is required for personal dry cleaning services.

5.

Veterinary services, indoor.

6.

Childcare facilities.

D.

Tourist and visitor services:

1.

Eating and drinking establishments such as restaurants, cafes, drive-in diners, fast-food, coffee shops, coffee houses, and soda-fountains; and saloons, taverns, brew-pubs, micro-breweries, and micro-wineries with on- and off-site sales. A special use permit is required for micro-distilleries.

2.

Entertainment and casual education services such as docents, guided tours on foot, gold panning, and museums.

3.

Equestrian establishments.

E.

Recreation including bowling lanes, billiard parlors and pool halls, arcades, gaming (when incidental to a primary use and limited to no more than fifteen slot and/or video machines), golf driving ranges, miniature golf, country clubs, health clubs and personal fitness gyms, swimming pools and saunas, tennis courts, permanent indoor and seasonal outdoor roller and ice skating rinks and facilities, permanent indoor and seasonal or temporary outdoor theatres, and other similar recreational uses and activities.

F.

Civic uses:

1.

Public facilities and offices for fire, emergency services, and sheriff. Jails are prohibited.

2.

Helipads and heliports for use only by medical evacuation transport services. These uses are prohibited for any other purpose.

3.

Crisis care facility, temporary and permanent.

4.

Libraries and cultural services, governmental offices, post offices, community centers, and courts of law.

5.

Education including elementary, middle, and high (K-12) schools and academies, colleges and higher education, technical and vocational education, apprentice training, whether public, private, or parochial. A special use permit is required for education institutions and academies that include student residential and boarding accommodations.

6.

Highway rest areas, picnicking areas, parks and playgrounds, dog parks, walking and bicycle trails, interpretive trails, restroom facilities, and information kiosks.

7.

Parking lots and structures, park-and-rides and carpool transfer centers, multi-modal transit hubs, transportation garages and storage, railroad and light rail infrastructures, train tunnels, and railroad switchyards and turntables.

8.

Public utility and transmission substations, water storage facilities and storm water drainage, detention, retention and storage.

G.

General services:

1.

Catering, equipment and appliance repair, gun repair, general contractors offices, heavy and light equipment rental, feed and tack stores, pawn brokers, pet sales and grooming, print shops, upholstery shops, video rentals, and other similar general services uses and activities. Businesses featuring "adult material" are prohibited.

2.

Uses involving the indoor discharge of firearms.

3.

Uses involving indoor and outdoor archery.

H.

Congregational establishments including religious institutions, fraternal lodges, recreational and social clubs, labor halls, service clubs and facilities for other private clubs.

I.

Agricultural and horticultural uses for domestic purposes and incidental to the permitted uses. Uses also include community gardens.

J.

Boarding accommodations including hotels, motels, hostels, bed and breakfast inns, short-term vacation rentals, time shares, and other transient lodging.

K.

Residential uses and buildings of permanent character and permanent location including the following:

1.

Single-family dwellings.

2.

Multi-family dwellings.

3.

Mixed-uses. This includes any commercial-residential combined uses on a single lot or within a building on a single lot.

4.

Accessory uses, buildings, and structures if they are clearly incidental to a permitted residential use, placed upon the same lot or parcel with a permitted use, and comply with the regulations of Sections 17.12.045 and 17.12.046.

L.

Private garages, no outdoor storage.

M.

Animal grooming and boarding, all indoor facility.

N.

Beekeeping.

(Ord. No. 20-307, 10-6-2020)

Unless stated otherwise, the following uses may be permitted subject to securing a special use permit as provided for in Chapter 17.03, Administrative Provisions:

A.

Buildings and structures exceeding forty-five feet in height or less than twenty-five feet in width.

B.

Recreational vehicle (RV) parks.

C.

Regional stores and shopping centers and super regional stores and shopping centers.

D.

Automotive washing and detailing using coin-operated and production line methods.

E.

Automotive services including service and fueling stations, repair, sales, and rentals.

F.

Casinos and gaming establishments (this use does not include accessory gaming with fifteen or less slots/video machines to a primary non-gaming retail establishment).

G.

Golf courses.

H.

Fairgrounds, rodeo arenas, competition tracks and arenas, and similar uses.

I.

Veterinary services with outdoor facilities, a minimum of ten acres is required.

J.

Amusement parks.

K.

Facilities and uses that include outdoor sets and props for the development and production of movies, film, television, and similar visual media.

L.

Fortune teller, astrology parlor, clairvoyance and palmistry. Uses under this subsection must comply with the requirements under Title 5, Business Licenses, and be located no closer than one thousand feet from a public or private school, religious institution, public building or facility, or another permitted fortune teller, astrology parlor, clairvoyance and palmistry use, and three hundred feet from any E, R, or SPR zone.

M.

Race tracks and arenas involving the use of automobiles, trucks, tractors, and other motorized vehicles.

N.

Facilities for the use of radio-controlled (RC) cars, vehicles, watercraft, and aircraft.

O.

Healthcare facilities including hospital services, medical services, convalescent services (but not civic convalescent and group care service), continuum of care facilities for seniors, and group care services.

P.

Education facilities which include student residential and boarding accommodations.

Q.

The keeping of five or more dogs or three or more pot-belly pigs more than twelve weeks of age. A minimum of ten acres is required.

R.

Animal boarding and grooming with outdoor facilities. A minimum of ten acres is required.

S.

Mini-warehouses and storage facilities for rent, including operable recreational vehicle, boat, utility trailer, horse trailer, and similar equipment storage.

T.

Outdoor storage or maintenance of building materials, vehicles, trailers, and heavy equipment associated with a commercial building contractor or business when not directly associated with a construction project on the premises.

U.

Open-air markets, flea-markets, and similar outdoor venues for the sale of goods. A special use permit is not required for farmers markets featuring the sale of edible and items made of edible products.

V.

Permanent outdoor skateboard parks and related facilities.

W.

Display, sale, barter, or trade of items associated with a business outside of a permanent building, except farmer's markets pursuant to this chapter and permitted temporary uses. The sale and display of merchandise and other items, and business that is conducted on the public right-of-way and between the public travelled way and the building is prohibited pursuant [to Chapter] 17.12, General Provisions.

X.

Personal dry cleaning.

Y.

Micro-distilleries.

Z.

Childcare facilities (in-home child care regulated by Chapter 17.12).

AA.

Cemeteries, columbariums, crematories, mausoleums, mortuaries, and funeral parlors.

BB.

Temporary real-estate tract offices not located within a permanent structure.

CC.

Uses involving the outdoor discharge of firearms.

DD.

Wild animal keeping.

EE.

Multi-family and attached single-family dwellings with density exceeding one unit for every two thousand square feet of gross lot area (see Section 17.30.020).

FF.

Single-family detached dwellings less than eight hundred square feet.

GG.

Equestrian establishments.

HH.

Other uses similar to the above which are determined by the board with action by the planning commission to be consistent with the uses permitted within the zone.

(Ord. No. 20-307, 10-6-2020)

A building, manufactured home, or structure may not exceed a height of three stories or forty-five feet, whichever is higher, except as may be allowed by a special use permit. The requirements of this section do not apply to church spires, belfries, cupolas, domes, chimneys or flagpoles. The height of support structures (towers) for radio, television, other communication antennas, and wind energy turbines is regulated under Section 17.12.044, Height of buildings and structures.

(Ord. No. 20-307, 10-6-2020)

The following are the required setback distances for uses in the CR zone. For the purposes of this section, the Virginia City Downtown District means all parcels delineated in Appendix A. Setback distances must also comply with Section 17.12.050, Visibility at intersections. Setbacks are from the property line except when an encroaching easement exists for the purpose of providing a public or private road, but not driveway (see Section 17.12.090 for explanation and illustration).

;sz=9;Notes: No primary emergency egress doors or windows may be placed on the building side walls unless the subject side walls, doors, and windows are setback a minimum of five feet from the side lot line. Exception to the five-foot setback may be made by the recording of an access easement on the abutting parcel (with the abutting lot owner's consent) for the purpose of establishing and maintaining emergency egress for the abutting building. Primary emergency egress doors and windows are those which provide the only required emergency egress pursuant to currently adopted International Fire Codes (with amendments); National Fire Protection Association (NFPA); or specific agencies having jurisdictional requirements.

;sz=9;In addition, required vehicle parking must be provided.

(Ord. No. 20-307, 10-6-2020)

The density for commercial, residential, and mixed uses is regulated as follows. Uses must also comply with setback and minimum parking area requirements in this chapter and Chapter 17.12, General Provisions.

A.

Commercial use, residential use, and mixed-use.

1.

The parcel must be at least two thousand square feet and at least twenty-five feet in width (the side facing the street).

2.

There is no minimum building square-foot requirement for a commercial use except as may be required by the International Building Code (IBC).

3.

Single-family detached residential dwellings must be at least eight hundred square feet unless a special use permit is granted pursuant to Section 17.30.030.

4.

One dwelling unit is allowed for every two thousand square feet of gross lot area except when a special use permit is provided to exceed this density pursuant to subsection 6. below.

5.

There may be one or more separate detached dwellings on the lot.

6.

Except for detached single-family residential uses, a special use permit may be granted for increased dwelling units per square feet of gross lot area when the use is located within the Virginia City Downtown District boundaries (see Appendix A of this chapter). Findings for approval of the special use permit for increased density shall, at a minimum, cite no significant adverse impacts to area vehicular parking, circulation, and egress, and public health, safety, comfort, convenience, and general welfare.

(Ord. No. 20-307, 10-6-2020)

Manufactured and mobile home parks are prohibited.

(Ord. No. 20-307, 10-6-2020)

Home enterprises, including in-home child care, are regulated under Chapter 17.12, General Provisions.

(Ord. No. 20-307, 10-6-2020)

No single-family dwelling may have a floor area of less than eight hundred square feet for a one-bedroom residence; one thousand square feet for a two-bedroom residence; and one thousand two hundred feet for a three or more bedroom residence, unless a special use permit has been obtained.

(Ord. No. 20-307, 10-6-2020)

The "Virginia City Downtown District" (area inside yellow boundary line shown below) includes all parcels shown below, in which a pattern of historic higher-density and mixed-uses are found. The information shown below is approximate and does not represent survey delineation and should not be construed as a replacement of authoritative sources, zone maps, plat maps, deeds, resurveys, etc.

(Ord. No. 20-307, 10-6-2020)