Chapter 19.36
TC – TOWN CENTER DISTRICT
Section:
19.36.020 Permitted primary uses.
19.36.040 Uses requiring permit.
19.36.050 Development standards.
19.36.055 Design standards, review procedures and approval requirements for developments and signs.
19.36.060 Supplemental development standards.
19.36.010 Intent.
To preserve the heritage of the existing Town Center zoning district of the town and provide for its vitality. The intent and objective of this classification and its application of the design guidelines in CMC 19.36.055(3) is to promote the historic character of the town center and set apart as that portion of the town which forms the historic center for financial, commercial, governmental, professional, and cultural activities, all of which have common or similar performance and design elements in that they represent types of enterprises involving the rendering of services, both professional or to the person, or on-premises retail activities. This zone encourages leisure shopping and provides amenities and historic design features conducive to attracting pedestrian shoppers. [Ord. 661 § 2, 2010; Ord. 464 § 10.36.010, 2001; Ord. 426 § 10.36.010, 1998]
19.36.020 Permitted primary uses.
Hereafter, all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this title:
(1) Apartments, including multifamily dwellings, provided they are located in a multi-story building or rear portion of the building accessible by an alleyway, which must contain at least 75 percent by area of a different allowed and active use as listed in this section; and provided, that they are connected to the public sanitary sewer;
(2) Art, music and photography studios;
(3) Bakery and pastry shops, products made must be sold at retail on-premises;
(4) Banking and related financial institutions, excluding drive-in facilities;
(5) Caretaker apartment;
(6) Civic, social, and fraternal clubs;
(7) Convenience stores;
(8) Delicatessens;
(9) Dry cleaning and laundry services;
(10) Funeral homes;
(11) Grocery stores;
(12) Hobby shops;
(13) Hospitals, to include small animal, but does not allow outside runs or kennels;
(14) Hotels;
(15) Laundry, self-service;
(16) Liquor store;
(17) Meeting rooms and/or reception facilities;
(18) Motels;
(19) News syndicate services;
(20) Newsstands;
(21) Nursing homes;
(22) Personal service shops;
(23) Pharmacies;
(24) Printing and publishing;
(25) Professional offices;
(26) Radio and television broadcasting studios;
(27) Retail stores and shops, including department and variety stores, which offer for sale the following and similar related goods:
(a) Antiques;
(b) Art supplies;
(c) Automobile parts and accessories, excludes service and machine shops;
(d) Baked goods;
(e) Beverages;
(f) Bicycles;
(g) Books and magazines;
(h) Candy, nuts, and confectionery;
(i) Clothing;
(j) Computers;
(k) Dairy products;
(l) Dry goods;
(m) Flowers and house plants;
(n) Fruits and vegetables;
(o) Furniture and home furnishings;
(p) Hardware, including electrical, heating, plumbing, glass, paint, wallpaper and related goods;
(q) Home garden supplies;
(r) Household appliances;
(s) Household pets;
(t) Housewares;
(u) Jewelry and clocks;
(v) Meat, fish and poultry, preprocessed;
(w) Notions;
(x) Office supplies and equipment;
(y) Photographic equipment, including finishing;
(z) Radio, television, and stereos;
(aa) Shoes;
(bb) Sporting goods; excluding sale or repair of firearms;
(cc) Stationery;
(dd) Toys;
(28) Restaurants, including outdoor seating, but excludes drive-in facilities. Sale of alcoholic beverages is a secondary use and is limited to on-premises consumption;
(29) Schools, including art, business, barber, beauty, dancing, martial arts and music;
(30) Secretarial services;
(31) Theaters, except drive-in;
(32) Other uses may be permitted by the planning director if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted in this section. [Ord. 881, 2024; Ord. 464 § 10.36.020, 2001; Ord. 426 § 10.36.020, 1998]
19.36.030 Accessory uses.
(1) Accessory buildings or multi-building developments with uses complimentary and related to a dominant or primary use; provided, control of building design, location and site development is retained by the dominant use. In such coordinated developments the site area requirement shall apply to the group of buildings and the yard requirements to the site perimeter.
(2) Off-Street Parking and Loading Area Requirements. See Chapter 19.54 CMC for standards including on-site and off-site parking facilities and special contracts.
(3) Signs. See Chapter 19.63 CMC. [Ord. 464 § 10.36.030, 2001; Ord. 426 § 10.36.030, 1998]
19.36.040 Uses requiring permit.
The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 19.68 CMC:
(1) Apartments, including multifamily dwellings not included in CMC 19.36.020(A); provided, that they consist of five or more dwelling units per structure, and are of not less than eight units per acre density; and provided that they are connected to the public sanitary sewer;
(2) Arcades;
(3) Automobile sales and leasing, new and/or used, including light pick-up trucks and vans; recreational vehicles or heavy trucks, provided the following requirements are met:
(a) No repairing, painting, or body work, shall be conducted outside of a building;
(b) If adjacent to a Residential zone, a sight obscuring fence or landscape screen shall be required;
(c) A minimum of a 25-foot setback shall be required of any building from the Residential zone;
(d) Other landscaping or architectural improvements may be required to ensure compatibility with present and potential Town Center uses in the vicinity;
(4) Automobile parking facilities;
(5) Automobile service stations;
(6) Day-care, preschools or nursery schools;
(7) Drive-in facilities, including banks and restaurants;
(8) Government facilities; this excludes offices and related uses that are permitted outright;
(9) Household goods storage, provided the following requirements are met:
(a) No more than two main entrances and/or exits to the building and access to the individual storage area be from the inside of the building;
(b) Landscaping and architectural improvements required to ensure compatibility with present and potential Town Center uses in the vicinity;
(10) Religious institutions;
(11) Taverns, dance halls, music auditoriums;
(12) Utility substations;
(13) Other uses may be permitted by the planning director if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted in this section. [Ord. 464 § 10.36.040, 2001; Ord. 426 § 10.36.040, 1998]
19.36.050 Development standards.
(1) Minimum Lot Requirements.
(a) Minimum lot area: 2,000 square feet.
(2) Minimum lot width: 25 feet.
(3) Minimum lot depth: none required.
(4) Maximum lot coverage: none required.
(5) Maximum building height: two stories, not to exceed 35 feet.
(6) Minimum Yard Setbacks.
(a) Front: 0 feet.
(b) Side, interior: none required.
(c) Side, street: 0 feet.
(d) Rear: none required.
(7) Maximum setback requirement in all other locations:
(a) Ten feet from the property line on the street side for new construction. If the new construction occurs on a corner lot, the maximum setback shall apply to each boundary line adjacent to a street.
(b) Parking shall not be located in the setback in front of the building.
(c) Exceptions which may be authorized through the town council plan review process include the following list:
(i) Drive-in businesses shall have the building setback established as part of the conditional use permit for the drive-in use.
(ii) Utility easements.
(iii) When a wider sidewalk or additional landscaping is approved at the building entrance.
(iv) Architectural design features such as a unique building entrance, outside seating area, pocket park or similar element.
(v) Irregular shaped lots or lots that do not directly abut the right-of-way.
(vi) Site development that incorporates existing buildings, when needed to preserve existing visual and physical access.
(vii) Other exceptions consistent with the intent of providing a well-defined street edge and pedestrian-oriented streetscape.
(8) Fences: see Chapter 19.50 CMC.
(9) Parking: see Chapter 19.54 CMC.
(10) Landscaping: see Chapter 19.50 CMC.
(11) Signs: see Chapter 19.63 CMC. [Ord. 464 § 10.36.050, 2001; Ord. 426 § 10.36.050, 1998]
19.36.055 Design standards, review procedures and approval requirements for developments and signs.
(1) Town Center District Boundaries. The town of Concrete land use and zoning map dated December 11, 2006, shall establish the boundaries of the Town Center District.
(2) Purpose. The purpose of the Town Center District’s design standards are to:
(a) Promote awareness of the town’s heritage;
(b) Protect the town’s heritage by controlling alterations and demolitions;
(c) Rehabilitate and reuse historic structures;
(d) Encourage new construction in keeping with the town’s historic character; and
(e) Attract visitors to Concrete.
(3) Design Guidelines. The following design standards are hereby adopted in the Town Center District, copies of which shall be kept available in the office of the town planner:
(a) Historic Preservation.
(i) Historic Resources. Design of new or renovated buildings in the downtown area should be sensitive to the presence of historic buildings or landmarks. When built adjacent to one of these historic resources, size, bulk, building materials, window patterns, rooflines, orientation, setbacks, signage, and other design features of the new building should be compatible with and not overwhelm the historic resource.
(ii) Downtown Character. Development downtown should be accomplished so as to reinforce the historic character and pedestrian orientation and scale of downtown buildings and streetscapes. Each building should contribute to the character of the downtown environment in a manner consistent with the heights, facades, setbacks, roofline, signage and repeating design elements of other buildings found on the street.
(iii) Rehabilitation and Continuing Use. The continuing use of existing structures is a desirable feature of the downtown streetscape. The rehabilitation of existing buildings is encouraged. Within the downtown commercial area, the conversion of old homes into small businesses contributes to the accessible, “small town” atmosphere of downtown.
(b) Building Design.
(i) Commercial Design.
(A) General. Buildings should be designed in context with the surrounding area. All of the following design guidelines should be interpreted based on the area surrounding the site to be developed. For example, colors should be nongarish, with bold colors used for trim.
(B) Materials. Materials and colors used should complement what is used in the vicinity. Building material choices may include, but are not limited to, masonry, wood, stucco, prefab panel, metal and glazing. Roof material choices may include, but are not limited to, standing seam metal and flat asphalt.
(C) Context. Buildings should be designed to conform to the surroundings. A designer should not leave blank and uninteresting walls on sides of the building facing neighboring properties.
(c) Site Design. The designer should create a site design which allows for a consistent theme from the building to the site. Landscaping should be used to complement the building and the site design.
(i) Site Organization. The site design should be oriented toward the pedestrian. Storefronts should be encouraged adjacent to sidewalks. Where storefronts are not possible, other features of pedestrian interest should be created adjacent to the sidewalks.
(ii) Parking. Parking lots should be oriented toward pedestrian safety with well defined access to sidewalks. Parking lots should be located behind or between buildings. Corner parking lots should be avoided.
(iii) Landscaping. Landscaping should be used to complement the building and site design. It may be used to buffer streets, buildings and/or parking areas and changes in use.
(iv) Screening. Utility vaults, propane tanks, heating and cooling equipment and other utility equipment should be screened from public view by vegetation or walls. Parking should be screened from residential areas with vegetation and fences and from streets with vegetation.
(v) Trash and Recycling Enclosures. Trash and recycling enclosures must be screened with a solid wood fence or masonry wall. Chain link fencing with slats may only be permitted for enclosure gates. Trash and recycling enclosures should be located off alleys if possible. Wherever they are located, they should be placed to allow for safe and convenient pick-up by trash and recycling service providers.
(d) Transportation Orientation. The downtown area is a pedestrian oriented area. The transportation orientation must therefore be primarily for pedestrians. Consequently, developments should promote pedestrian use. Buildings should be close to the street and parking in the rear or side and not the primary focus of the site.
(i) Landscaping. Existing mature trees and landscaping should be preserved where appropriate. Street tree plantings are recommended and seasonal flower plantings are encouraged.
(4) References. In administering the design standards, the town may utilize the following references:
(a) Dictionary of Architecture, Henry H. Saylor, John Wiley and Sons, Inc., New York, 1952.
(b) The Visual Dictionary of American Domestic Architecture, Rachel Carley, Roundtable Press, 1994.
(5) Implementation of Design Standards – Reviewing Entity.
(a) Developments. In the Town Center District, the town planner shall review and make a recommendation to the town council on conformance with the design standards for all developments within the Town Center District; provided, that the town planner may request review by town staff and/or planning commission members if the application, though not exempt (see subsection (6) of this section), would result in only minor changes to the appearance of an existing building. The consulted town staff and planning commission member(s) may complete and issue a written recommendation to the town planner.
The town council, in consideration of the town planner’s recommendation, comments from the applicant and comments from the public may approve the application, approve the application with conditions, refer the application back to the applicant for modifications or deny the application.
(b) Signs. In the Town Center District, the town planner shall review all sign applications for conformance with the design standards. Any aggrieved party dissatisfied with the town planner’s permitting decision may appeal the decision to the town council.
(6) Exemptions. In the Town Center District, all town approvals of property improvements, including exterior signs or fences, or demolitions (see subsection (8) of this section) shall undergo design review as set forth in subsection (5) of this section except the following which are exempt:
(a) Development permits not immediately associated with building construction or landscaping, such as short plats, subdivisions, and land use designation changes unaccompanied by any actions related to site plans or building permit application;
(b) Construction activities which do not require a building permit (example: the repainting of buildings); and
(c) Modifications to existing structures which will not be visible from outside the structure.
(7) Submittal Requirements and Fees. The applicant shall complete the appropriate application forms and submit the application to the town planner. The city’s application forms shall be developed by the town planner and shall specify the submittal requirements, which requirements shall be consistent with the laws applicable to each specific permit and which may include but not necessarily be limited to the information specified on the land use permit application form.
In an effort to support and encourage the development and redevelopment of the Town Center District, no fee will be charged for the town planner’s review of development of sign applications within the Town Center District.
(8) Building Demolitions.
(a) In reviewing a proposed demolition in the Town Center District, the town planner shall recommend approval, if it determines that preservation of the structure is physically or economically infeasible.
(b) If the town planner finds preservation of the structure to be feasible, the town shall notify persons or groups interested in historic preservation, who may encourage the owner to preserve the structure or find a buyer willing to preserve the structure. If the owner is not convinced to retain the structure, or no one agrees to purchase it within 90 days after the town planner’s first consideration of the proposal, the town planner’s findings shall cease to be cause for refusal to issue the demolition permit.
(c) Requests for additions and deletions to the list of officially designated historic structures shall be made by the town council.
(9) Conduct of Town Planner Review. The town planner may invite and solicit comments from town staff, applicants, consultants, planning commission members and the public when reviewing an application and preparing findings and a recommendation to the town council. [Ord. 661 § 3, 2010]
19.36.060 Supplemental development standards.
(1) All uses shall be conducted entirely within a building or structure except:
(a) Parking lots;
(b) Display or sales of goods that do not extend eight feet past the front of the building, do not block entrances or interfere with pedestrian travel, do not interfere with the parking areas and do not encroach upon public property;
(c) Outdoor seating for restaurants, theaters, or other entertainment;
(d) Temporary uses as permitted by the fire marshal, building official, planning director or town engineer pursuant to the applicable ordinances;
(e) Unloading and loading areas;
(f) Utility substations;
(g) Refuse containers;
(h) Play areas for day-cares.
(2) Any repairing done on the premises shall be incidental only, and limited to custom repairing of the types of merchandise or equipment sold on the premises at retail. The floor area devoted to such repairing shall not exceed 90 percent of the total floor area occupied by the particular enterprise, except that the limitations of this subsection shall not apply to dental work, shoe, radio, television, or other small appliance repair services.
(3) Storage shall be limited to accessory storage of commodities sold at retail on the premises or materials used in the limited fabrication of commodities sold at retail on the premises.
(4) Operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of noise, odor, fumes, gases, smoke, vibration, hazard, or other causes.
(5) No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use as regulated by the Uniform Fire Code. [Ord. 464 § 10.36.060, 2001; Ord. 426 § 10.36.060, 1998]