(A) General description. This Commercial District is for personal and business services and the general retail business of the city.
(B) Primary uses permitted. Property and structures in the C-1 Central Commercial District shall be used for the following purposes:
(1) Retail type 1 establishments, including incidental manufacturing of goods for sale at wholesale or retail on the premises;
(2) Eating and drinking establishments;
(3) Food and beverage production;
(4) Service and repair establishments;
(5) Personal service establishments;
(6) Hotel, motel, rooming and boarding house, bed and breakfast;
(7) Entertainment services, including venues for live or recorded entertainment, community centers, recreation centers, fitness and exercise centers, public or private swimming facilities, golf courses and municipal uses;
(8) Parking lots and garages;
(9) Offices;
(10) Financial institutions;
(11) Private clubs and lodges;
(12) Newspaper and printing firms;
(13) Churches;
(14) Single, two-family and multi-family dwellings;
(15) Group care homes/assisted living facility;
(16) Telecommunications facilities;
(17) Fitness and exercise centers;
(18) Small scale solar energy conversion facility as an accessory to a primary use;
(19) Childcare center or adult daycare;
(20) Storage buildings;
(21) Car wash facility;
(22) Schools and universities;
(23) Temporary shelter;
(24) Wholesale;
(25) Cannabis testing facilities; and
(26) Cannabis dispensaries;
(C) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:
(1) Veterinary clinics for domesticated animals including pet daycare an overnight pet stays;
(2) Telecommunications facilities;
(3) Retail type 2; and
(4) Treatment center.
(D) Area regulations. All setbacks shall be measured from the property line, and the area regulations shall be as follows:
(1) Front setback: none;
(2) Side setback: none;
(3) Rear setback: none;
(4) Lot width: no minimum requirement;
(5) Minimum lot size: no minimum requirement; and
(6) Lot coverage: no maximum percentage of lot coverage except that, for structures serviced from the rear, space shall be provided either inside or outside the structure for loading or unloading goods and materials. Such space shall have access to a street or other public way.
(E) Height regulations. Maximum 60 feet.
(F) Minimum off-street parking and loading requirements. Per city code, or according to the C-1 redevelopment incentive plan.
(G) C-1 redevelopment incentive plan. The following is a strategy from the city’s comprehensive plan: “Support the redevelopment of property to more intense land uses when compatibility to the surrounding area is achieved by creative design solutions that mitigate potential impacts.” The criteria described in this section implements this strategy as applied to development proposals where obsolete, blighted and deteriorated structures are removed or renovated in order to spur additional reinvestment in the downtown and contribute to the overall economic vitality of the city. Approval of this plan is at the discretion of the City Council.
(1) Requirements. For any new or renovated structure, the required parking for nonresidential land uses may be reduced by up to 50% under the following criteria.
(a) Mandatory criteria.
1. Building design will incorporate features as described in the document titled: City of Spearfish Design Guidelines for the C-1 Redevelopment Incentive Plan.
2. Site structures must have a building permit value that is the greater than or equal to twice the assessed value of the previous year as determined by the last certified value per the County Office of Equalization. The permit value will be verified by the Building Official or based on building permit information.
3. After the parking reduction is applied, the remaining required number of parking spaces must be provided either on private property, within the public right-of-way, or both.
4. A maximum of ten parking spaces are permitted within the right-of-way adjacent to the applicant’s property frontage either as 90 degree angle or diagonal parking.
5. A maximum of ten parallel parking spaces on one side of the street may serve as parking provided for more than one property.
6. Parking for residential, hotel, motel, bed and breakfast, vacation home rentals and uses that require overnight parking must be provided on private property.
(b) Optional criteria. In addition to the mandatory criteria above, a minimum of two of the following must be satisfied:
1. Existing sidewalks are widened to a minimum of eight feet;
2. New street trees provided at the rate of one per 50 feet of site frontage;
3. Provide landscaping per city code;
4. Utilize ecologically sustainable designs and technologies, which are in line with the goals of the comprehensive plan, such as, but not limited to:
a. Water conservation, energy efficiency and renewable energy; and
b. Enhanced protection from fire, flood and other natural disasters.
5. Other criteria deemed to have a significant public benefit.
(2) Authorization, review and approval process.
(a) If a proposal includes the reconstruction or alteration of an existing curb or sidewalk, or proposes a substantive change to a right-of-way along a street frontage not adjoining the applicant’s property, the owner of the property on the non-adjoining street frontage must authorize the application. Authorization is not required if proposals only involve parking space striping along non-adjoining frontages.
(b) A public hearing is required for both the Planning Commission and the City Council for a redevelopment incentive plan.
(c) Notice of the public hearings will be provided via first class mail to all properties within 140 feet of the proposed development property lines and postmarked ten days before the hearing. Notice will also be published ten days before the public hearings in the city’s official newspaper.
(d) After the City Council approves a redevelopment incentive plan, a change to the plan that results in major building modification or alteration of the approval criteria shall require a new public hearing by the Planning Commission and City Council.
(H) Open space requirements. Open space requirements of the R-3 Zoning District shall apply to all multi-family uses.
(Prior Code, App. A, Art. IV, § 5) (Ord. 969, passed 8-18-2003; Ord. 1030, passed 6-19-2006; Ord. 1048, passed 2-20-2007; Ord. 1122, passed 8-16-2010; Ord. 1137, passed 7-5-2011; Ord. 1285, passed 8-20-2018; Ord. 1312, passed 3-16-2020; Ord. 1345, passed 7-6-2021; Ord. 1354, passed 10-18-2021; Ord. 1369, passed 6-21-2022)