§ 152.028 COMMERCIAL AND MIXED-USE OVERLAY DISTRICTS.

   (A)   General purpose. The purpose of the Commercial and Mixed-Use Districts is to provide for a variety of commercial and select residential areas, each suited to specific retail, service, entertainment, and residential uses in order to maintain compatibility with adjacent uses. These districts are intended to provide attractive, well-designed developments that are appropriately located along primary roadways and pedestrian facilitates to serve large volumes of customers.

   (B)   Commercial and Mixed-Use Overlay Districts.

      (1)   Neighborhood Commercial District (C-1). This district is intended to provide convenient locations for small scale retail or service related establishments. These locations are to provide services and goods primarily for the surrounding neighborhood and are not intended to draw customers from the entire community. The location of uses in this district are limited to the intersection of a collector street and local street or greater.

      (2)   Community Commercial District (C-2). This district is intended to provide a range of retail sales and personal, professional and business services required to meet the daily demands of the larger community. This district may also act as a transition between high-density, centrally located commercial activities customarily found in the Central Business District, and heavier commercial/business uses found along the major highways. Businesses in this district require high visibility and access along primary roadways.

      (3)   Regional Commercial District (C-3). This district is intended to provide for major business groupings and regional-size shopping centers that serve a population ranging from the overall community to the traveling public. These centers may feature a flexible mix of large traffic generators such as home improvement stores, department stores, restaurants, lodging and offices. Businesses in this district are predominantly located along major highways, maintain sufficient parking, and are buffered from traditional residential neighborhoods.

      (4)   Central Business District (CBD). This district provides an office, retail and business services area that serves the entire community. Uses are allowed which complement the central downtown area and are suited to high vehicular and pedestrian traffic areas. The CBD should also be a focal point for meeting the needs of tourists visiting the community and provide a strong community identity through design standards and main street activities.

      (5)   Mixed-Use Overlay District (MU).

         (a)   This overlay district is intended to require both residential and non-residential uses, either vertically or horizontally, and to promote site and building design that accommodates multimodal travel that creates opportunities to live and work within the central downtown area.

         (b)   The mixed-use overlay district shall be utilized as an overlay zone. Land classified in the mixed-use overlay district shall be limited to those areas located within the CBD zoning district. Property so classified shall be identified on the zoning map by both the underlying CBD district and the mixed-use overlay designation. The mixed-use regulations set forth in this section shall be in addition to those regulations set forth in the underlying CBD district. In the event of a conflict between the provisions of the mixed-use overlay district and the provisions of the CBD district, the provisions of the mixed-use overlay district shall prevail. If the mixed-use overlay district is silent in relation to any development standard, the development standard identified in the underlying CBD zone shall prevail.

   (C)   Commercial use and mixed-use overlay standards. Table 2.3-1: Table of Allowed Uses for Commercial and Mixed-Use Overlay Districts, lists land uses and indicates whether they are permitted by right or with approval of a conditional use permit, or prohibited in each zoning district. The Use Table also includes references to additional use-specific standards that may be applicable to that use. The organization headings and individual abbreviations utilized in the table are explained as follows:

      (1)   Use category. The "use categories" are intended merely as an organizational tool and are not regulatory. These use categories simply help to organize the list of "specific use types" into common groupings for ease of reference.

      (2)   Specific use type. The "specific use types" are regulatory and function as the basis for defining present and future land uses that are appropriate in each zoning district. Rather than list every possible individual land use type, this list classifies individual land uses and activities into specific use types based on common functional, product or physical characteristics; such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions. Further definitions of each specific use type can be found in §§ 152.035 through 152.037.

      (3)   Permitted uses. "P" in a cell indicates that the use is allowed by right in that zoning district.

      (4)   Conditional uses. "C" in a cell indicates that the use is allowed in the respective zoning district only if reviewed and approved in accordance with the procedures of § 152.091.

      (5)   Not permitted. "NP" in a cell indicates that the use is prohibited in that zoning district.

      (6)   Use-specific standards. Section numbers listed in the "Supplemental Use Regulations" column denote the location of additional regulations that are applicable to the specific use type; however, provisions in other sections of this chapter may also apply.

      (7)   Non-specified uses. When a use cannot be reasonably classified into a specific use type, or appears to fit into multiple specific use types, the Zoning Administrator is authorized to determine the most similar and thus most appropriate specific use type based on the actual or projected characteristics of the individual use or activity (including but not limited to size, scale, operating characteristics and external impacts) in relationship to the specific use type definitions provided in §§ 152.035 through 152.037. Appeal of the Administrator's decision may be made to the Board of Adjustment following the procedures under § 152.086(K).

Table 2.3-1: Table of Allowed Uses for Commercial and Mixed-Use Overlay Districts
Use Category	Specific Use Type	P = Permitted Use C = Conditional Use NP = Not Permitted
		Commercial and Mixed-Use Zoning Districts
		C-1	C-2	C-3	CBD	MU	Supplemental Use Regulations
Residential Use Category	Assisted Living Center	P	P	NP	C	P	§ 152.045(D)
	Boarding/Shelter Care	NP	P	C	NP	NP
	Dwelling, Live/Work	P	P	NP	C	P
	Dwelling, Multi-Family	NP	NP	NP	C	P
	Dwelling, Single-Family Attached	NP	NP	NP	NP	P
	Nursing Home	P	P	NP	C	P	§ 152.045(D)
	Vacation Home Rentals	NP	NP	NP	C	P	§ 152.045(BB)
Public and Semi-Public Use Category	Arboretum or Botanical Garden	NP	P	P	P	P
	Assembly Hall/Auditorium	NP	P	P	P	P
	Bus Terminal	NP	C	C	C	C
	Campground	NP	C	P	NP	NP	§ 152.045(I)
	Cemetery	NP	C	C	NP	NP
	Child Care, Center	C	P	P	P	P	§ 152.045(J)
	College or University	NP	P	P	P	P	§ 152.045(X)
	Community Playfields and Parks	NP	P	P	P	P
	Community Recreation Center	P	P	P	P	P
	Crematorium or Funeral Parlor	NP	P	P	NP	NP
	Fraternal or Social Club, Nonprofit	C	P	P	P	P
	Government Offices and Civic Buildings	P	P	P	P	P
	Health Care/Medical Facility or Clinic	NP	P	P	P	P
	Hospitals	NP	P	P	P	P
	Library	P	P	P	P	P
Public and Semi-Public Use Category (Cont.)	Museum, Cultural Facility	NP	P	P	P	P
	Public Safety Facility	P	P	P	P	P
	Religious Assembly	P	P	P	P	P	§ 152.045(V)
	School, Boarding	C	C	C	C	C	§ 152.045(X)
	School, Public or Private, K-8	C	C	C	C	C	§ 152.045(X)
	School, Public or Private, 9-12	C	C	C	C	C	§ 152.045(X)
	Social Service Facility	C	C	C	C	C
	Utility Facility and Service Yard, Major	C	C	C	C	C
	Utility Facility, Minor	P	P	P	P	P
	Wireless Facility (including Tower and Supporting Facilities)	C	C	C	C	C	§ 152.045(CC)
Commercial Use Category	Alcoholic Beverages, Retail Sale	NP	P	P	P	P
	Animal Kennel/Shelter	NP	C	P	NP	NP	§ 152.045(C)
	Animal, Hospital/Veterinarian	NP	C	C	C	NP	§ 152.045(C)
	Vehicle/Boat, Rentals	NP	P	P	P	P	§ 152.045(G)
	Vehicle/Boat, Repair Minor	NP	C	P	NP	NP	§ 152.045(F)
	Vehicle/Boat, Sales and Leasing	NP	C	P	NP	NP	§ 152.045(G)
	Bar, Lounge, or Tavern	NP	P	P	P	P
	Business Services	C	P	P	P	P
	Car Wash	NP	P	P	NP	NP
	Coffee Shop/Cafe	P	P	P	P	P
	Coffee Shop/Cafe with Drive Through	NP	P	P	C	C	§ 152.045(M)
	Commercial Entertainment, Indoor	NP	C	P	C	C
	Commercial Entertainment, Outdoor	NP	C	C	C	C
	Convenience Store	P	P	P	P	P	§ 152.045(L)
	Farmers Market, Permanent	C	P	P	P	P
	Feed Store	C	P	P	NP	NP
	Financial Institution	C	P	P	P	P
	Financial Institution, with Drive Through	NP	P	P	C	P	§ 152.045(M)
Commercial Use Category (Cont.	Fitness and Sports Center	C	P	P	P	P
	General Personal Services	P	P	P	P	P
	General Personal Services with Drive Through	NP	P	P	C	P	§ 152.045(M)
	General Recreation, Indoor	NP	C	P	P	P
	Hotel or Motel	NP	P	P	P	P
	Instructional Services or Trade Schools	NP	P	P	C	C
	Microbrewery, Craft Distillery or Tasting Room	NP	P	P	P	P	§ 152.045(R)
	Movie Theater	NP	P	P	P	P
	Nightclub	NP	C	C	C	C
	Non-Chartered Financial Institution (Check Cashing)	NP	P	P	C	C
	Nursery, Commercial	NP	C	C	NP	NP
	Office Business or Professional	C	P	P	P	P
	Parking Lots and Parking Structure	NP	P	P	P	P
	Restaurant	C	P	P	P	P
	Restaurant, with Drive Through	NP	P	P	C	C	§ 152.045(M)
	Retail, General	P	P	P	P	P
	Retail, General with Drive Through	NP	P	P	C	C	§ 152.045(M)
	Retail, Large	NP	P	P	C	C
	Retail, Smoke/Vape Shop	NP	P	P	P	P
	Recreational Vehicle Park	NP	C	C	NP	NP	§ 152.045(U)
	Self-Storage, Indoor	NP	C	C	NP	NP	§ 152.045(Y)
	Service Station	NP	P	P	P	P	§ 152.045(Z)
	Service Station with Car Wash	NP	C	P	C	C	§ 152.045(Z)
	Tour Services	NP	P	P	P	P	§ 152.045(AA)
Industrial Use Category	Building Materials Sales, Indoor Retail	NP	P	P	C	C
	Building Materials Sales, Outdoor or Wholesale	NP	C	C	NP	NP
	Heavy Rental, Outdoor	NP	C	C	NP	NP

 

   (D)   Commercial and mixed-use development standards. The following development standards identified in Table 2.3-2 apply to all principal uses and structures in commercial and mixed-use overlay districts, except as otherwise expressly stated in this code.

Table 2.3-2: Commercial and Mixed-Use Overlay Districts Development Standards
Zoning District		C-1	C-2	C-3	CBD	MU
Lot Dimensions, maximum	Size of Use or User (square feet)	25,000	-	-	-	7,000 (min)
Residential Density, minimum		X	X	X	w/ CUP	3 units
Setbacks, minimum	Front, (feet)	15	20[1]	20[1]	15[2]	0[1]
	Side, (feet)	10[2]	15[2]	15[2]	15[2]	0[1]
	Side, (feet) Adjacent to Residential	20[1]	30[1]	30[1]	30[1]	30[1][3]
	Rear, (feet)	10	20	20	10[4]	10[4]
	Rear, (feet) Adjacent to Residential	20	30	30	30	30[3]
Lot Coverage, maximum (%)		35	50	50	-	-
Building Height, maximum (feet)		30	35	45	30	35[5]
[1]    Front and side setback for street facing parking areas shall be a minimum of 15 feet. [2]    Zero setbacks are permitted for structures if adjacent structures also have zero setbacks and regulations of the building code in force at the time of the review are met. [3]    Fifteen foot setbacks are permitted if adjacent parcel is zoned RM. [4]    Rear setback can be reduced to five feet if adjacent to a public alley. [5]    Building height may be increased to 45 feet for development that contains vertical mixed-use with residential above ground floor commercial uses.

   (E)   Commercial and mixed-use site and architectural design guidelines. The commercial and mixed-use design guidelines contained in this section have been established to: create an attractive and functional setting for businesses located along primary gateway roadway corridors; create and maintain an efficient, functional, safe and pleasant built environment for residents and visitors; and promote attractive, high quality development that will support and enhance the greater community.

      (1)   Applicability.

         (a)   These requirements shall apply to development of new buildings or renovation of existing buildings within any Commercial and Mixed-Use Overlay Zoning District that has frontage along State Route 389 in the town, unless otherwise specified within this section. In the case of mixed-use buildings, the standards of this section and the standards of § 152.045(E), shall both apply.

         (b)   These guidelines will be used by town staff and decision-making bodies as a framework for evaluating development proposals and for commenting on the design aspects of those proposed projects. The town general development and subdivision regulations should also be referenced for additional site design standards specifically applicable to multi-family and commercial subdivision developments.

      (2)   Prohibited uses. The following uses are prohibited within any Commercial and Mixed-Use Overlay Zoning District that has frontage, or abuts, along State Route 389 or Airport Avenue from State Route 389 to the Colorado City Municipal Airport:

         (a)   Adult entertainment businesses;

         (b)   Marijuana dispensary;

         (c) Tobacco/Vape Shops;

         (d)   Massage parlors; and

         (e)   Tattoo parlors.

      (3)   Architectural guidelines.

         (a)   Natural materials and deep earthtone colors are preferred, and design elements should not consist primarily of metal, glass, plastic, highly reflective materials and bright colors. Such materials may have limited application in trim or accent areas, but should not be predominant visual elements of the building(s) or site improvements.

         (b)   Large bland monolithic facades or rooflines and repetition of very simple details which become monotonous in character should be avoided. Building elevations should create a unique character which is emphasized through interesting architectural details or façade articulation in each component. For example, windows may be arched or rectangular, bayed out or recessed, have raised borders, awnings, planter boxes or shutters.

         (c)   All building facades should be designed with architecturally finished materials, with the following recommended primary façade building materials:

            1.   Modular masonry materials such as brick, block, and stone;

            2.   Precast concrete or aggregate panels with a decorative finish;

            3.   Stucco or stucco-like materials;

            4.   Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability; or

            5.   Other materials as determined by the Zoning Administrator.

      (4)   Site design/orientation guidelines.

         (a)   Buildings, structures, open space areas and other features shall be oriented to protect and/or enhance major vistas and panoramas that give special emphasis to mountains, mesas, and special man-made or natural landmarks.

         (b)   On-site pedestrian walks shall be provided to connect street sidewalks to primary commercial and mixed-use building entries by the most direct route practicable. Multi-building developments shall minimize auto/pedestrian conflicts and maximize convenient pedestrian access between buildings.

         (c)   Openings for vehicular uses, such as garage door bays used to access vehicles into and out of a building for repair or storage, must be located on facades that do not face the primary street.

      (5)   Circulation.

         (a)   Developments along ADOT controlled roadways shall complete a traffic study analysis, including access needs, traffic control needs, highway expansion needs, drainage management plan, and/or a cost sharing plan. ADOT approval will be required as part of the development plan approval process.

         (b)   Access points along primary gateway roadways shall be placed and designed in accordance with ADOT and/or town requirements.

      (6)   Utilities. All on-site electric utility and all other communication and utility lines for buildings shall be placed underground.

   (F)   Additional development standards.

      (1)   Setback and height exceptions. See §§ 152.035 through 152.037 for additional development and design regulations.

      (2)   Parking and loading requirements. See § 152.056 for additional development and design regulations.

      (3)   Landscaping and screening requirements. See § 152.057 for additional development and design regulations.

      (4)   Signage requirements. See § 152.058 for additional development and design regulations.

      (5)   Exterior lighting requirements. See § 152.059 for additional development and design regulations.

      (6)   Further reference, as appropriate, should be given to the town Uniform Building and Fire Codes, general development and subdivision guidelines, floodplain management ordinance, and engineering design standards.

(Ord. 2020-02, passed 4-13-2020; Am. Ord. 2021-05, passed - -)