Chapter 17.24 — COMMERCIAL ZONING DISTRICTS

(a)

Generally. In addition to the objectives outlined in this Chapter, the commercial zones are included in the zoning regulations to achieve the purposes outlined in the neighborhood and district character element of the 2007 general plan, specific to the Main Street and Old Mammoth Road districts. Additional purposes of the individual commercial zoning districts and the manner in which they are applied are as follows:

(1)

Downtown District (D). Downtown District (D) is intended to provide a thriving mix of residential, nonresidential, and lodging uses and a distinctive gateway entry into Town, with a focus on ground-level commercial uses and active frontages. The development standards are intended to concentrate development along Main Street with a focus on shop front buildings that frame the street and provide an animated, pedestrian-friendly environment with high visual quality. The maximum FAR is 2.0. The D zoning district is consistent with the Commercial 2 (C-2) land use designation of the general plan.

(2)

Old Mammoth Road (OMR). The Old Mammoth Road District (OMR) is intended as an arts and culture district oriented toward medium scale commercial development along Old Mammoth Road, emphasizing community serving retail, artist galleries, office and service uses. It is intended to encourage a mix and intensity of uses in a pedestrian-scaled environment at a scale and form that is appropriate to its neighborhood context and adjacent residential uses and forms. The maximum FAR is 2.0. The OMR zoning district is consistent with the Commercial 2 (C-2) land use designation of the general plan.

(3)

Mixed Lodging/Residential (MLR) District. The Mixed Lodging/Residential (MLR) District is intended to allow one or more of a variety of lodging, residential, and nonresidential uses to encourage a mix of uses and emphasize transient occupancy. The maximum FAR is 2.0. The MLR zoning district is consistent with the Commercial 1 (C-1) land use designation of the general plan.

(b)

Floor area ratio. The permissible floor area ratio (FAR) for a particular project or parcel will be affected by applicable design requirements; height, setback, snow storage, parking, and stepback requirements; and other development and dimensional standards. Accordingly, the maximum theoretically possible FAR is not achievable in some instances. Nothing in this chapter or in the Town's general plan waives any design requirement or excuses compliance therewith, or entitles any applicant, project, or parcel to receive the maximum theoretically possible FAR.

(Code 1990, § 17.24.010; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 16-09, § 4(exh. 1), 12-21-2016)

(a)

General permit requirements. Table 17.24.020 identifies the uses of land allowed by this chapter in each commercial zone and on designated active frontages (Figure 17.24.020), and the planning permit required to establish each use, in compliance with Chapter 17.08.

(1)

Other uses may be allowed as determined by the Director to be similar to and not more detrimental to uses listed in Table 17.24.020.

(2)

In multitenant centers, wherever there is a change in building occupancy and the new use is similar to or no more intrusive than the previous use and meets all development standards applicable to the previous use, a use permit or administrative permit, if specified for the use, shall not be required.

(3)

Design review is required for proposed projects based on specified criteria as identified in Chapter 17.88.

(b)

Requirements for certain specific land uses. Where the last column in Table 17.24.020 includes a section number, the referenced section may establish other requirements and standards applicable to the use. The following is a key for the abbreviations used in Table 17.24.020:

FIGURE 17.24.020. DESIGNATED ACTIVE FRONTAGES

Table 17.24.020 Allowed Uses and Permit Requirements for Commercial Zoning Districts

Specific limitations:

1. Limited to no more than 75 percent of the ground floor area when located along primary and secondary active frontages. A minimum of 25 percent of the ground floor area shall be occupied by uses permitted by right or by administrative permit (i.e., active uses) and shall occupy the building or structure's frontage for a minimum depth of 20 feet (administrative permit required for depths less than 20 feet).

2. Limited to establishments with a gross floor area of 5,000 square feet or less when located on the ground floor along designated active frontages. Administrative permit required if greater than 5,000 square feet.

3. Limited to establishments with a gross floor area of 1,200 square feet or less when located on the ground floor along designated active frontages.

4. Permitted if existing, no new fueling stations allowed.

5. Use shall be completely enclosed in a building of soundproof construction.

6. At least 50 percent of the ground floor designated active frontages shall be occupied by retail or food service uses.

7. Limited to walk-in clientele when located on the ground floor along designated active frontages.

8. Shall be located behind buildings or in structures where other uses are located in the portion of the structure along designated active frontages.

9. Limited to establishments with a gross floor area of 5,000 square feet or less.

10. Allowed only as accessory to a hotel or motel or other lodging use. Administrative permit required if primary use in OMR and MLR districts.

(Code 1990, § 17.24.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, §§ 2, 3), 1-21-2015; Ord. No. 15-02, § 4(exh. A), 3-4-2015; Ord. No. 16-04, § 2a(exh. A), 5-18-2016; Ord. No. 16-09, § 4(exh. 1), 12-21-2016; Ord. No. 18-02, § 5(exh. A, a.), 3-13-2018; Ord. No. 18-05, § 4(exh. A, a.), 11-19-2018; Ord. No. 19-04, § 4(exh. A, b.), 11-6-2019; Ord. No. 19-06, § 4(exh. A, b.), 12-18-2019; Ord. No. 20-12, § 4(exh. B, § a.), 11-18-2020; Ord. No. 2021-03, § 4(exh. B, § b.), 3-3-2021)

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, or established in compliance with the requirements in Tables 17.24.030-1 through 17.24.030-5 in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Chapters 17.36 through 17.56. However, where accessory dwelling units are a permitted use, the development standards specified in Section 17.52.055 applicable only to accessory dwelling units shall take precedence over the development standards specified below. Additional regulations are denoted in a right column. Section numbers in this column refer to other sections of this chapter, while individual letters refer to Section that directly follow the table. The numbers in each illustration below refer to corresponding regulations in the "#" column in the associated table.

Table 17.24.030-1. Commercial Districts—Lot Density and Intensity Standards

Development Feature Requirement by Zone Additional Regulations # D OMR MLR Lot Size Lot area 10,000 square feet Lot area, corner lot 11,000 square feet Lot width 75 feet Lot width, corner lot 90 feet Lot depth 100 feet

Table 17.24.030-2. Commercial Districts—Building Placement Standards

Development Requirement by Zone Additional # Feature Regulations D OMR MLR

Minimum Setbacks (measured from property line unless otherwise stated)

Main street and frontage 0 feet (B) 17.36.090; road 17.36.100;

(a)

Maximum block length. Block length is limited to 350 feet measured from curb edge to curb edge. A block length up to 600 feet shall only be allowed when a mid-block pedestrian connection is provided or the Director finds that:

(1)

It is not feasible or practical to provide a mid-block pedestrian connection due to the location and configuration of the lot; and

(2)

Safe and convenient pedestrian connections are provided throughout the site and provisions are made to accommodate cross-access to/from pedestrian areas that may be developed on adjacent properties.

(b)

Building orientation and entrances.

(1)

All buildings located on a public street shall be oriented toward and have their primary entrances facing the public street.

(2)

Building entrances shall be emphasized with special architectural, modulation of roof lines or landscape treatments.

(3)

Building entrances shall be designed so that snow does not shed freely into entrances and the buildup of ice and snow within pedestrian areas is minimized.

(c)

Building transparency and openings for nonresidential uses. Exterior walls facing and within 20 feet of a street, park, plaza, pedestrian walkway, or other public outdoor space shall include windows, doors, or

other openings for at least 60 percent of the building wall area located between 2½ and eight feet above the level of the sidewalk. No wall may run in a continuous horizontal plane for more than 15 feet without an opening.

(1)

Design of required openings.

a.

Openings fulfilling this requirement shall have transparent glazing and provide views ten feet in depth into work areas, display areas, sales areas, lobbies, or similar active spaces or into window displays that are at least three feet deep.

b.

Windows on the ground level building facade facing a street shall not be opaque. Shades or blinds, which block the view of a pedestrian into a building for more than five hours a day during daylight hours in the summer, or more than four hours a day during daylight hours when it is not summer, are defined as opaque for purposes of this chapter.

(2)

Exceptions for parking garages. A parking garage that does not incorporate ground-floor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level, must provide a landscaped area at least ten feet wide between the parking garage and public street.

(3)

Alternatives. Alternatives to the building transparency requirement may be approved if the Director finds that the street-facing building walls exhibit architectural relief and detail and are enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

(d)

Building design. Buildings shall be well designed to create a pedestrian-friendly environment and support a vital and active public realm. Buildings shall appear integrated with the natural features and existing buildings in the districts; complement the Eastern Sierra Nevada Mountain setting; and contribute to the Town's village in the trees identity.

(1)

Wall plane modulation. Buildings should exhibit substantial reveals or offsets in the wall plane. Any building face over 50 feet wide shall be broken down to read as a series of buildings or storefronts no wider than 50 feet each to avoid a monotonous flat wall plane. Offsets shall be a minimum of two feet.

(2)

Roof modulation. The roof line of all facades visible from a public right-of-way shall not exceed 50 feet wide without modulation.

a.

Roof modulation shall consist of or be a combination of:

A change in height by a minimum of ten feet; or

A change in form through changes in pitch, plane, and orientation. A pitched roof line segment shall have a minimum slope of 3:12. Acceptable pitched roof types include gable, hip, and gambrel roofs.

b.

Roof modulation shall be incorporated to reflect the interior uses of multitenant buildings and emphasize key building entrances.

c.

Roof designs and modulation should take into account snow and ice storage and shedding and should ensure that pedestrian areas are protected from shedding ice and snow.

d.

Alternatives. Alternatives to the roof modulation requirement may be approved if the Director finds that the roof design is composed of a variety of roof forms that are appropriately scaled and proportioned.

(3)

Vertical relationship. Buildings shall be designed to have a distinctive base (ground floor level), middle (intermediate upper floor levels), and top (either top floor or roof level). Architectural features such as cornices, eaves, parapets, towers, and balconies shall be used, as appropriate, to delineate the base, middle, and top, accentuate setbacks between stories, and terminate rooflines.

(4)

Architectural articulation. Buildings shall include sufficient architectural design features to create visual interest. Different ways that this requirement may be met, include, but are not limited to, those listed below; compliance with this requirement shall be evaluated by the Director in the review process.

a.

Facade incorporates architectural details. The building facades incorporate details such as window trim, window recesses, cornices, belt courses, columns, changes in material, or other design elements in an integrated composition. The use of materials, textures, and colors enhance architectural interest and emphasize details and changes in plane. Buildings shall be designed with four-sided architecture where each exterior wall is designed equivalent to the primary facade in the extent of building articulation and quality of exterior materials, and consistent with the color scheme of the primary facade.

b.

Pedestrian-friendly design features.

Storefronts. Building frontages along designated active frontages shall be designed to enhance the storefront character of retail areas. Storefronts consist of detailed and composed facades with individual windows set in well-detailed frames. Frontages incorporate features that contribute to pedestrian comfort and interest, such as awnings, recessed entries, arcades, hanging lights, and bracket hung signs. Architectural and ornamental features shall not impede pedestrian routes.

Arcades. The minimum depth of an arcade shall be five feet clear, measured from the back face of the columns to the ground floor facade.

c.

Projections and recesses. All building faces shall exhibit modulation through projections with a significant depth, or a repeated pattern of offsets, recesses, or projections of smaller depth. Balconies, bay windows, or similar repeated elements are encouraged across the length of the facade. This method for achieving architectural articulation is most typically found in the building middle and on buildings that include residential or lodging uses.

(e)

Building materials and construction.

(1)

Building materials. The building base shall be clad in durable high-grade materials from at least the floor slab of the second floor down to one inch of the finished sidewalk grade, and these materials shall wrap corners of exposed interior property line walls a minimum of five feet.

(2)

Construction execution. All construction details and materials shall be of the highest standard and executed to minimize weathering, eliminate staining of the wall surface, and avoid deterioration of materials on adjacent properties or the public-right-of-way.

(f)

Pedestrian access. On-site pedestrian circulation and access must be provided according to the following standards:

(1)

Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

(2)

To street network. Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. On sloping sites, the walkway between the building and the sidewalk or other public outdoor area shall be designed as usable open space with generously sized steps and landings, with features such as low risers and wide treads, and any planter boxes that include seating ledges.

(3)

To neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

(4)

To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

(5)

Pedestrian walkway design.

a.

Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with permeable materials.

b.

Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

c.

Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

(g)

Public open space. Development with 50,000 square feet or more of nonresidential floor area on sites two acres or more in size shall provide public open space in accordance with the following:

(1)

Amount. 40 square feet of public open space for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of nonresidential floor area, plus 20 square feet of public open space for every 1,000 square feet of nonresidential floor area over 100,000 square feet.

(2)

Location and accessibility. Such public space shall be visible and accessible from a public street, or from on-site areas normally frequented by customers, and shall be accessible during business hours. Areas within required setbacks may count toward the public space requirement.

(3)

Elevation. Such public space located adjacent to the street shall not be elevated or sunken more than two feet from the level of the adjacent sidewalk. Steps providing access to such public space shall have a maximum height of five inches and a minimum tread depth of 15 inches. The elevation requirement may be modified or waived by the Director for sites with steep slopes upon finding that an alternative design is visible and accessible from the street.

(4)

Minimum dimensions. Such public space shall have a minimum dimension of 40 feet.

(5)

Obstructions. Obstructions that impair visibility within the space shall not be permitted unless it is a plaza design feature such as a water feature, public art, or landscaping.

(6)

Seating. A variety of well-designed and comfortable seating types shall be included in the public space. Seating types may include fixed seating, moveable seating, planter ledges, seat walls, and seating steps. A portion of the seating shall be located near the entrance of the public space.

(7)

Amenities. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including, but not limited to, trees and other landscaping, shade structures, lighting, drinking fountains, water features, public art, signage or performance areas.

(8)

Usability. A surface shall be provided that allows convenient use for outdoor activity, recreation, and public gathering. Such surface may be any practical combination of high quality plant and hardscape materials such as bricks, stone, concrete, permeable paving, or tile. Surfaces shall be sloped for positive drainage and constructed to withstand snow removal and de-icing maintenance. The maximum slope shall not exceed ten percent. Seating areas and plazas should be located in areas with good solar exposure.

(Code 1990, § 17.24.040; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015)