§ 35.24

This Chapter lists the land uses that may be allowed within the commercial zones established by Section 35.14.020 (Zoning Map and Zones), determines the type of planning permit/approval required for each use and provides basic standards for site layout and building size.

The purposes of the individual commercial zones and the manner in which they are applied are as follows.

A.

C-1 (Limited Commercial) zone. The C-1 zone is appropriate for both retail and service commercial activities that serve the local community. This zone allows diverse uses, yet restricts allowable uses to those that are also compatible with neighboring residential uses to protect residential uses from negative impacts, including noise, odor, lighting, traffic, or degradation of visual aesthetic values.

B.

C-2 (Retail Commercial) zone. The C-2 zone is appropriate for retail business and commercial needs including stores, shops, and offices supplying commodities or performing services for the residents of the surrounding community.

C.

C-3 (General Commercial) zone. The C-3 zone is applied to areas appropriate for wholesale and heavy commercial uses and services that are not suited to the commercial zones that accommodate lighter commercial uses. The intent is to provide for commercial uses in these areas while protecting adjacent uses from negative impacts including noise, odor, lighting, or traffic.

D.

CH (Highway Commercial) zone. The CH zone is applied to areas adjacent and accessible to highways or freeways appropriate for uses that serve the highway traveler.

E.

CM-LA (Community Mixed Use - Los Alamos) zone. The CM-LA zone applies to areas only within the Los Alamos Community Plan along the Bell Street Corridor. The purpose is to create a sense of place and provide certainty in the permitting process as to what is allowed within the Bell Street Commercial Core area. The result will be a vibrant mix of uses along Bell Street with retail on the ground floor fronting Bell Street and housing above and in buildings fronting secondary streets of the corridor.

F.

CN (Neighborhood Commercial) zone. The CN zone is applied to areas within residential neighborhoods appropriate for local retail or service businesses to meet daily needs for food, drugs, gasoline, and other incidentals of residents in the immediate area. The intent is to provide local serving commercial establishments while preserving the residential character of the area.

G.

C-S (Service Commercial) zone. The C-S zone is applied to areas appropriate for service commercial activities, including wholesale service and business facilities with ancillary offices and inside storage areas, which are more limited in scope than the range of uses permitted in the general commercial zones. The

intent is to provide for commercial uses in these areas and ensure compatibility with and the protection of neighboring land uses from negative impacts including noise, odor, lighting, or traffic.

H.

C-V (Resort/Visitor Serving Commercial) zone. The C-V zone is applied to areas of unique scenic and recreational value appropriate for tourist recreational development, while providing for maximum conservation of site resources through comprehensive site planning. The intent is to provide for maximum public access, enjoyment, and use of an area's scenic, natural, and recreational resources while ensuring preservation of such resources. This zone is not intended for highway related uses that normally service travelers.

I.

PI (Professional and Institutional) zone. The PI zone is applied to areas appropriate for professional uses, and for educational, institutional, governmental, and other public facilities. It is the intent of this zone to ensure that these uses are well-designed and landscaped, and harmonious with surrounding land uses.

(Ord. No. 5192, § 4, 11-7-2023)

35.24.030 - Commercial Zones Allowable Land Uses

A.

General permit requirements. Tables 2-12 and 2-13 (Allowed Land Uses and Permit Requirements for Commercial Zones) identify the uses of land allowed by this Development Code in each commercial zone, and the planning permit required to establish each use, in compliance with Section 35.20.030 (Allowable Development and Planning Permit Requirements).

B.

Requirements for certain specific land uses. Where the last column ("Specific Use Regulations") in Tables 2-12 and 2-13 (Allowed Land Uses and Permit Requirements for the Commercial Zones) includes a Section number, the referenced Section may affect whether the use requires a Land Use Permit, Development Plan, Minor Conditional Use Permit, or Conditional Use Permit, and/or may establish other requirements and standards applicable to the use.

C.

Development Plan approval required. Development Plan approval in compliance with Section 35.82.080 (Development Plans) is required prior to the approval of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or the issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) as follows.

1.

CN and C-1 zones. Final Development Plan approval in compliance with Section 35.82.080 (Development Plans) is required prior to the approval of a Land Use Permit or the issuance of a Zoning Clearance for structures that exceed 5,000 square feet in gross floor area.

2.

C-2 and C-3 zones. Final Development Plan approval in compliance with Section 35.82.080 (Development Plans) is required prior to the approval of a Land Use Permit or Zoning Clearance for buildings and structures that total 5,000 or more square feet in gross floor area or where onsite buildings and structures and outdoor areas designated for sales or storage total 20,000 square feet or more.

3.

CH zone. Final Development Plan approval in compliance with Section 35.82.080 (Development Plans) is required prior to the approval of a Land Use Permit or Zoning Clearance for all proposed development, including grading.

4.

CM-LA zone. Final Development Plan approval is required for buildings and structures that total 15,000 or more square feet in gross floor area.

5.

C-S, C-V, and PI zones. Final Development Plan approval in compliance with Section 35.82.080 (Development Plans) is required prior to the approval of a Land Use Permit or Zoning Clearance for all proposed development, including grading.

D.

Design Review required. Design Review is required prior to the approval of a planning permit for a structure, or an addition to or an alteration of an existing structure located within the CN, C-1, C-2, C-3, CH or CMLA zones, in compliance with Section 35.82.070 (Design Review).

E.

Accessory uses and structures. Each nonresidential use allowed by Tables 2-12 and 2-13 may include accessory uses and structures that are customarily incidental to the nonresidential use, provided that:

1.

Within the C-1, C-2, C-3, and C-S zones:

a.

There shall be no manufacture, assembly, processing, or compounding of products other than as is customarily incidental or essential to the allowed use.

b.

The operations are not injurious to the health, safety, or welfare of the neighborhood because of noise, odor, dust, smoke, vibration, danger to life and property, or other similar causes.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

(3) Shall be conducted within a completely enclosed building except for material storage which may be permitted within an area enclosed by a solid wall, fence or hedge not less than six feet in height.

(4) On one or more locations or lots under the control of an operator that do not exceed a total area of one acre; if the total area exceeds one acre, then a CUP is required.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

(3) Includes miniature golf and practice/putting range.

(4) Allowed only on a lot with no commercial use, and subject to all development standards of the R-1/E-1 zone except minimum lot size.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

(3) May include beer brewing and wine making provided (a) the area devoted to beer brewing and wine making, including the area devoted to equipment and storage of materials and supplies, does not exceed 50 percent of the interior floor area of the primary business, and (b) the product is primarily sold for on-site consumption.

(4) Includes microbreweries that are necessary and secondary to a bar or restaurant.

(5) Shall be conducted within a completely enclosed building except for material storage which may be permitted within an area enclosed by a solid wall, fence or hedge not less than six feet in height.

(6) Limited to establishments that supply commodities to meet the day-to-day needs of residents in the neighborhood.

(7) Limited to establishments that supply commodities to the residences in the neighborhood.

(8) Limited to the sale of fuel for agricultural equipment.

(9) No off-premise alcoholic beverage sales allowed; no alcoholic beverage sales in restaurant except when food also served.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

(3) Shall be conducted within a completely enclosed building except that within the C-3 and C-S zones exterior material storage may be permitted within an area enclosed by a solid wall, fence or hedge not less than six feet in height.

(4) A change of use to a large or small family day care home, serving children, is exempt from zoning permits. An application to construct a new structure to be used as a large or small family day care home, serving children, is subject to the same standards and permit requirements as a proposal to construct a residential structure in the same zone.

(5) Day care centers serving up to and including fifty (50) children may be permitted with a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits).

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

(3) Use is subject to the standards of the PU zone.

(4) Does not include lines outside the jurisdiction of the County.

(5) Not applicable to facilities constructed by the County.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

(3) Restricted to the processing of on-premise products.

(4) On one or more locations or lots under the control of an operator that do not exceed a total area of one acre; if the total area exceeds one acre, then a CUP is required.

Key to Zone Symbols

CH Highway Commercial

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

(3) Destination-type facility required; see Section 35.24.060 (C-V Zone Additional Standards).

• (4) Not including trade schools using heavy equipment.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

(3) Same permit requirement as required for an adjacent lot zoned agricultural or residential if agricultural uses are allowed.

(4) See Section 35.42.020 (Accessory Structures and Uses).

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

(3) No off-premise alcoholic beverage sales allowed; no alcoholic beverage sales in restaurant except when food also served.

(4) A service station existing at the time of the adoption of the CM-LA zone shall be considered a permitted use rather than a nonconforming use.

(5) Use only allowed accessory and incidental to an approved resort/visitor-serving facility.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

(3) Shall be conducted within a completely enclosed building except that within the C-3 and CS zones exterior material storage may be permitted within an area enclosed by a solid wall, fence or hedge not less than six feet in height.

(4) Use not allowed on a lot abutting a residential zone; see Section 35.42.270 (Vehicle Services).

(5) A change of use to a large or small family day care home, serving children, is exempt from zoning permits. An application to construct a new structure to be used as a large or small family day care home, serving children, is subject to the same standards and permit requirements as a proposal to construct a residential structure in the same zone.

(6) Day care centers serving up to and including fifty (50) children may be permitted with a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits).

Key to Zone Symbols

CH

Highway Commercial

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

(3) Use is subject to the standards of the PU zone.

(4) Does not include lines outside the jurisdiction of the County.

(5) Not applicable to facilities constructed by the County.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.24.030.C (Commercial Zone Allowable Land Uses).

(Ord. No. 5167, §§ 6—8, 11-29-2022; Ord. No. 5192, §§ 5—7, 11-7-2023; Ord. No. 5202, §§ 5, 6, 2-132024)

35.24.040 - Commercial Zones Development Standards

A.

General standards. Development within the commercial zones shall be designed, constructed, and established in compliance with the requirements in Table 2-14 (Commercial Zones Development Standards) below, and all applicable standards in Article 35.3 through Article 35.7 of this Development Code.

B.

Community Plan overlay requirements. Section 35.28.210 (Community Plan Overlays) establishes additional requirements and standards that apply to development and uses located in an applicable community or area plan as specified in Section 35.28.210 (Community Plan Overlays).

Table 2-14- Commercial Zones Development Standards

Table 2-14- Commercial Zones Development Standards (continued)

Table 2-14- Commercial Zones Development Standards (continued)

Table 2-14- Commercial Zones Development Standards (continued)

(Ord. No. 5192, § 8, 11-7-2023)

Proposed development and new land uses within the CN, C-1, C-2, C-3, C-S, CH and PI zones shall comply with the following standards, in addition to those in Section 35.24.040 (Commercial Zones Development Standards).

A.

CN zone standards.

Enclosure of activities required. All retail uses that supply commodities and service uses allowed by Table 2-12 (Allowed Land Uses and Permit Requirements for Commercial Zones) shall occur within a completely enclosed building, except for service stations and other uses that commonly include an outdoor component provided any use that occurs outside of a completely enclosed building is appropriately screened and such screening is specifically approved by the review authority.

2.

Storage and trash enclosures. Areas for trash or outdoor storage shall be enclosed and screened to conceal all trash or stored material from public view.

B.

C-1 zone standards.

1.

Enclosure of activities required.

a.

Retail and service uses. All retail uses that supply commodities and service uses allowed by Table 2-12 (Allowed Land Uses and Permit Requirements for Commercial Zones) shall occur within a completely enclosed building except for plant nurseries and service stations, and other uses that commonly include an outdoor component provided any use that occurs outside of a completely enclosed building is appropriately screened and such screening is specifically approved by the review authority.

b.

Storage and trash enclosures. Areas for trash or outdoor storage shall be enclosed and screened to conceal all trash or stored material from public view.

2.

One-family dwellings. A one-family dwelling may be established within the C-1 zone only on a lot with no commercial use. Where a one-family dwelling is allowed, any residential accessory use or structure shall comply with the requirements of Section 35.42.020 (Accessory Structures and Uses).

C.

C-2 zone standards.

1.

Enclosure of activities required.

a.

Machinery service and repair uses. Auto and machinery repair and service activities allowed by Table 2-12 (Allowed Land Uses and Permit Requirements for the Commercial Zones) shall occur within a completely

enclosed building, or within an area enclosed by a solid wall, hedge, or fence a minimum of six feet in height, approved as to design by the Director.

b.

Retail uses. All retail uses allowed by Table 2-12 (Allowed Land Uses and Permit Requirements for Commercial Zones) shall occur within a completely enclosed building except for plant nurseries and service stations, and other uses that commonly include an outdoor component provided any use that occurs outside of a completely enclosed building is appropriately screened and such screening is specifically approved by the review authority.

2.

Storage and trash enclosures. Areas for trash or outdoor storage shall be enclosed and screened to conceal all trash or stored material from public view.

D.

C-3 zone standards.

1.

Enclosure of activities required. Within the C-3 zone, the land use types identified by Table 2-12 (Allowed Land Uses and Permit Requirements for the Commercial Zones) as requiring enclosure shall occur within a completely enclosed building, except that materials may be stored within an area enclosed by a solid wall, fence, or hedge not less than six feet in height.

2.

Storage and trash enclosures. Areas for trash or outdoor storage shall be enclosed and screened to conceal all trash or stored material from public view.

E.

C-S zone standards.

1.

Enclosure of activities required. Within the C-S zone, the land use types identified by Table 2-12 (Allowed Land Uses and Permit Requirements for the Commercial Zones) as requiring enclosure shall occur within a completely enclosed building, except that materials may be stored within an area properly screened from and aesthetically compatible with neighboring use, as determined by the review authority.

2.

Storage and trash enclosures. Areas for trash or outdoor storage shall be enclosed and screened to conceal all trash or stored material from public view.

F.

PI zone standards.

1.

Limitations on use. No sales, production, repair, or processing shall take place on any property zoned PI, except to the extent necessary for and incidental to the operation of permitted or conditionally permitted uses.

2.

Restaurant within office building. A restaurant located in an office building may include bar or cocktail lounge accessory to a restaurant, but not a drive-through.

Proposed development and new land uses within the C-V zone shall comply with the following standards, in addition to those in Section 35.24.040 (Commercial Zones Development Standards).

A.

Allowable uses. The approval of visitor-serving commercial uses shall require that the review authority first determine that each commercial use is designed and limited to be incidental and directly oriented towards the needs of visitors, is part of a larger resort/visitor-serving facility, and will not substantially change the character of the larger resort/visitor-serving facility of which it is part.

B.

Destination facilities required. Allowed resort, guest ranch, hotel, motel, country club, convention and conference center uses shall be of a self-contained, destination-point nature, rather than primarily providing short-term overnight accommodations for travelers.

Proposed development and new land uses within the CM-LA zone shall comply with the following standards in addition to those in Section 35.24.040 (Commercial Zones Development Standards).

A.

Minimum lot width for residential use. Development that includes dwelling units shall be located on a lot with a minimum net lot width of 20 feet.

B.

Determining the front line of lot for properties in the CM-LA zone. For the purposes of the CM-LA zone district, all lots (including through lots and corner lots) with a front line abutting Bell Street shall be considered to have a front line on Bell Street unless the review authority finds that reasonable development of the property would be precluded.

C.

Streets in the CM-LA zone. Streets that are located parallel to Bell Street (Waite, Leslie, and portions of Main Street) shall be considered through streets. Streets that are located perpendicular to Bell Street (Centennial Street) shall be considered secondary streets.

D.

Limitations on bedrooms, floor area, uses, and location of dwelling units in the CM-LA zone.

1.

A residential use shall not exceed two bedrooms per 700 square feet of gross floor area of commercial development on the same lot.

2.

Dwelling units are only permitted above the ground floor of buildings that abut:

a.

Bell Street; and/or

b.

A secondary street on a lot with a Bell Street front line, unless the majority of the building façade abuts a through street as shown in Figure 2-1a.

3.

Dwelling units are permitted on all floors of buildings that abut:

a.

A secondary street on a lot without a Bell Street front line; and/or

b.

A through street.

4.

Dwelling unit access from Bell Street is prohibited.

E.

Commercial buildings in CM-LA zone.

1.

Commercial uses are allowed on all floors of buildings.

a.

Only commercial uses are permitted on the ground floor of buildings that abut:

(1)

Bell Street; and/or

(2)

A secondary street on a lot with a Bell Street front line, unless residential uses are allowed on all floors in compliance with Subsections D.2 and D.3 above.

2.

The floor area devoted to commercial uses is limited by the setbacks and build-to-lines shown in Figure 2-1 (Setbacks and Build-to-Lines for Structures).

3.

Buildings with a Bell Street frontline shall be commercial on the ground floor.

F.

Setbacks and Build-to-Lines for structures. The setbacks in Table 2-15 apply as measured from the front line. Buildings shall be located within the shaded area shown in Figure 2-1 (Setbacks and Build-to-Lines for Structures) below.

Table 2-15Setbacks and Build-to Lines for Structures

4. Side setback: None required, however, if allowed by the review authority, shall not exceed 10 ft., unless additional setback area is needed to accommodate a driveway, in which case, the maximum setback shall be equivalent to the minimum required driveway width.

5. Front building rear build-to-line: 60 ft. maximum from the edge of lot front line.

==> picture [300 x 249] intentionally omitted <==

Figure 2-1 - Setbacks and Build-to-Lines for Structures

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Figure 2-1a - Allowed Building Uses

G.

Setbacks for parking. The setbacks in Table 2-16 (Setbacks for Parking) apply as measured from the front line of the lot. Parking shall be located within the shaded area shown in Figure 2-2 (Setbacks for Parking) below.

Table 2-16- Setbacks for Parking

temporary and is only allowed until such time as additional floor area devoted to residential or commercial development is developed on the lot. f. Rear setback - not a through lot: Zero to 5 ft. from adjacent lot.

==> picture [300 x 247] intentionally omitted <==

Figure 2-2 - Setbacks for Parking

H.

Architectural encroachments. Architectural features and signs may intrude into road rights-of-way in compliance with the following provided that an encroachment permit is first obtained from either Caltrans or the County Public Works Department.

1.

Balconies, fire escapes, unenclosed porches, and shop front awnings may intrude a maximum of six feet into all rights-of-way and setback areas identified in Figure 2-1 (Setbacks and Build-to-Lines for Structures).

2.

Awnings shall be a minimum of eight feet high above the sidewalk. Above the ground floor, bay windows, chimneys, cantilevered rooms, and eaves may intrude a maximum of three feet into rights-of-way and all setback areas identified in Figure 2-1 (Setbacks and Build-to-Lines for Structures).

3.

Colonnades when installed as part of a gallery for retail uses shall be no less than 10 feet deep and overlap the whole width of the sidewalk to within two feet of the curb. The colonnade shall be no less than 12 feet clear in height.

Signs (See Chapter 35.38 Sign Standards and the Bell Street Design Guidelines).

5.

The architectural feature or sign is in compliance with the Bell Street Design Guidelines and Chapter 10 (Building Regulations) of the County Code.

I.

Processing and site development standards. Proposed development within the CM-LA zone shall comply with the following processing and site development standards.

1.

General. The following standards shall apply to all development within the CM-LA zone.

a.

Vacant lots: Development of vacant lots shall comply with the development standards as described in Section 35.24.030 for the CM-LA zone. A vacant lot may be developed with only commercial uses. Residential density shall comply with Subsection 35.24.070.D, above.

b.

Additions to structures on existing lots: Development on lots with existing structures shall conform to the development standards as described in Section 35.24.030 for the CM-LA zone. Additions to existing structures containing commercial uses shall be limited by the setbacks as described in Figure 2-1(Setbacks and Build-to-Lines for Structures).

c.

Design review required: Prior to the approval of any permits for structures, the project shall be approved or conditionally approved by the Board of Architectural Review in compliance with the Bell Street Design Guidelines and Section 35.82.070 (Design Review).

J.

Building Types. Setbacks create yard spaces that characterize building types. The following building types shall apply in the CM-LA zone.

==> picture [181 x 123] intentionally omitted <==

==> picture [181 x 135] intentionally omitted <==

Drawings not to scale.

Rear Yard Building Type - This type of building occupies the entire width of a property, leaving the rear of the lot as the sole yard. This is an urban building type as the continuous facade steadily defines its interface with the public thoroughfare. The location of the rear elevations may be articulated for functional purposes. In its residential form, this type is the rowhouse, duplex, or triplex. For commercial or mixed-uses, the rear yard can accommodate substantial parking. Parking shall be required to be located in the rear of the lot.

an building type as the continuous facade steadily defines its interface with the public thoroughfare. The location of the rear elevations may be articulated for functional purposes. In its residential form, this type is the rowhouse, duplex, or triplex. For commercial or mixed-uses, the rear yard can accommodate substantial parking. Parking shall be required to be located in the rear of the lot.

Side Yard Building Type - This type of building is located adjacent to one side of the lot and provides a setback (side yard) from the other side. A front setback is permitted on secondary streets to accommodate residential development; however a setback shall not be provided for the portion of the building facing Bell Street. The side yard shall be designed as to allow access to the interior of the lots for pedestrians and parking.

K.

Facade Types - Buildings with a front line on Bell Street. The following building facade types shall be used for buildings with a front line on Bell Street in the CM-LA zone.

==> picture [181 x 166] intentionally omitted <==

Shopfront: Shopfronts are facades placed at or close to the right-of-way line with the entrance at the sidewalk grade. This type is conventional for retail frontage and is commonly equipped with awnings. Recessed entryways are required with a shop front.

==> picture [181 x 166] intentionally omitted <==

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Forecourt: The main facade of the building is at or near the street frontage line and a small percentage of it is set back, creating a small courtyard area. The area could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area. The proportions and orientation of these spaces should be carefully considered for solar orientation and user comfort. This frontage type should be used sparingly and should not be repeated within a block. A short wall, hedge, or fence 32 inches to 42 inches in height could be used to define the forecourt area. The depth of the forecourt shall be no more than 20 feet and be no wider than 50 percent of the building width.

Gallery: Galleries are shopfronts with an attached colonnade that projects over the sidewalk and encroaches into the public right-of-way. This frontage type is ideal for retail use but only when the sidewalk is fully absorbed within the colonnade so that a pedestrian cannot bypass it. The colonnade shall be no less than 10 feet deep and overlap the whole width of the sidewalk to within two feet of the curb. The colonnade shall be no less than 12 feet clear in height.

Drawings not to scale.

L.

Building Façade Types - Buildings Not Facing Bell Street. The following façade types shall be used for buildings with a front line on a through or secondary street in the CM-LA zone.

==> picture [181 x 165] intentionally omitted <==

Common Yard: The main facade of the building has a setback from the front line. The resulting front yard can be defined or undefined at the front line. This edge is typically defined by a fence or hedge within a traditional neighborhood or left undefined within more rural areas or subdivisions. Common yards are typical for larger homes within historic neighborhoods. A front porch is optional.

==> picture [181 x 166] intentionally omitted <==

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Stoop: The building façade is near the front line and the elevated stoop engages the sidewalk. The stoop should be elevated a minimum of 24 inches above the sidewalk to ensure privacy within the building. The stairs from the stoop may lead directly to the sidewalk or may be side loaded. The minimum width and depth of the stoop should be five feet. This type is appropriate for residential uses with small setbacks.

Porch: The building façade has a small setback from the front line. The resulting front yard is typically very small and can be defined by a fence or hedge. The porch can encroach into the setback to the point that the porch extends to the front line. A minimum depth of six feet clear is required within the development standards to ensure usability.

Drawings not to scale.

M.

Entry Doors. Entry doors for commercial establishments shall be located at intervals no greater than 50 feet along Bell Street.

N.

Storage. Areas for trash or outdoor storage shall be enclosed and screened in such a manner as to conceal all trash or stored material from public view to the maximum extent feasible. Solid waste and recycling storage facilities shall also be in compliance with Section 35.30.170 (Solid Waste and Recycling Storage Facilities).

O.

Utilities. Utilities shall be located so as to not be visible from the public right-of-way if feasible. Mechanical equipment, including solar energy systems, should not be visible from the street if feasible.

P.

Modification of development standards. As part of the Design Review process required in compliance with Subsection I.1.c., above, the Board of Architectural Review shall review the proposed development to determine if the development complies with the Development Standards in Subsections H. through M.

above. The applicant may request modifications of the Development Standards in Subsections H. through M., above, and the Board of Architectural may grant such modifications in compliance with the following:

1.

Request for modification of two or fewer development standards: At the request of the applicant, the Board of Architectural Review may modify a maximum of two development standards only if it first finds that the configuration of the lot and application of said development standard(s) would limit reasonable development of the project that would otherwise comply with the Development Standards in Subsections H. through M. above.

2.

Request for modification of three or more development standards: If the applicant requests modification of three or more development standards, the project shall be processed as a Development Plan in compliance with Section 35.82.080 (Development Plans), and the Planning Commission shall be the review authority for said Development Plan.

a.

The Board of Architectural Review shall review the intent of each Site Development Standard that is requested to be modified, and shall make a recommendation to the Planning Commission as to whether the requested modifications should be approved, conditionally approved, or denied.

b.

After receipt of the recommendation from the Board of Architectural Review, the Planning Commission may modify the development standards requested for modification as part of the Commission's action on the project.

Editor's note— Ord. No. 5192, § 9, adopted November 7, 2023, repealed the former Section 35.24.080 in its entirety, which pertained to SC Zone additional standards and derived from original codification.

CHAPTER 35.25 - INDUSTRIAL ZONES