Chapter 8.09

(Ord. 9060 § 1100; Ord. 9356 § 1, 1973; Ord. 9426 § 3, 1975; Ord. 9480 § 1, 1977; Ord. 9527 § 5, 1979; Ord. 9674 § 2, 1983; Ord. 9785 § 17, 1986; Ord. 9804 § 6, 1986; Ord. NS-791 § 21, 2006; Ord. CS-102 §§ LVII—LIX, 2010; Ord. CS-164 § 10, 2011; Ord. CS-172 § VI, 2012; Ord. CS-189 §§ XXVII, XXVIII, 2012; Ord. CS-224 § XXIV, 2013; Ord. CS-225 § IV, 2013; Ord. CS-384 § 21, 2020; Ord. CS-432, 9/27/2022; Ord. CS-448, 6/6/2023; Ord. CS-474, 8/20/2024)

Mixed use developments that propose residential uses in combination with commercial uses shall comply with the following requirements.

• A. Residential uses are allowed either vertically, meaning within the same building, or horizontally, meaning within a separate building on the same site. Residential uses must be accessory to the nonresidential uses permitted by Section 21.28.010 of this title.

• B. Residential uses shall be subject to the requirements of the chapters of this title, which include but are not limited to, Chapter 21.28 , Chapter 21.44 , and in the case of airspace subdivisions, Chapter 21.47 .

• C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per Table 2-4 of the general plan land use and community design element, subject to approval of a site development plan processed in accordance with Chapter 21.06 of this title.

  1. Density and yield of residential uses shall be determined consistent with the residential density calculations and residential development restrictions in Section 21.53.230 of this title and shall be based on 25% of the developable area. Unit yield in excess of the minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation preclude the development of at least one dwelling unit in a mixed use development.

  2. Residential uses shall be accessory to the primary commercial use of the site. Compliance with this provision shall be evaluated as part of the site development plan.

• D. Residential uses shall include low barrier navigation centers, group homes serving six or fewer persons and require state licensing including, but not limited to, residential care facilities (serving six or fewer persons), and group homes that do not require state licensing including, but not limited to, supportive housing and transitional housing.

(Ord. CS-172 § VII, 2012; Ord. CS-191 § XV, 2012; Ord. CS-249 § XIII, 2014; Ord. CS-287 § 3, 2015; Ord. CS-422, 5/10/2022; Ord. CS-470, 4/16/2024; Ord. CS-448, 6/6/2023)

Every nonresidential use permitted in the C-2 zone shall be subject to the following conditions and limitations:

1. All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations, horticultural nurseries and other enterprises customarily conducted in the open.

2. Products made incident to a permitted use and manufactured or processed on the premises shall be sold only at retail on the premises, and not more than five persons may be employed in such manufacturing, processing and treatment of products.

3. Storage shall be limited to accessory storage of commodities sold at retail on the premises. (Ord. 9060 § 1101; Ord. 9224 § 2, 1969; Ord. NS-439 § 6, 1998; Ord. NS-492 § 6, 1999; Ord. CS172 § VIII, 2012)

• A. Except as otherwise provided in this section, no building in the C-2 zone shall exceed a height of thirty-five feet, and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of forty-five feet.

• B. Building height above thirty-five feet may be permitted, subject to the following:

  1. Building height up to a maximum of forty-five feet may be permitted through approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that:

     • a. The project complies with the provisions of subsection B.3 of this section.

     • b. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of forty-five feet; with the exception of architectural features such as flagpoles, steeples or architectural towers, which may be permitted up to fifty-five feet if the decision-making authority makes the specific findings that the protruding architectural features:

       • i. Do not function to provide usable floor area;

       • ii. Do not accommodate and/or screen building equipment;

       • iii. Do not adversely impact adjacent properties; and

       • iv. Are necessary to ensure a building's design excellence.

  2. Building height above forty-five feet up to a maximum of fifty-five feet may be permitted through approval of a site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that:

     • a. The project complies with the provisions of subsection B.3 of this section.

     • b. The allowed height protrusions as described in Section 21.46.020 do not exceed the height authorized by the decision-making authority.

     • c. The decision-making authority finds that:

       • i. The height of the building(s) will not adversely affect surrounding properties; and

       • ii. The building(s) will not be unduly disproportional to other buildings in the area.

  3. All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area shall be maintained as landscaped open space.

(Ord. 9060 § 1102; Ord. 9489 § 1, 1977; Ord. NS-180 § 18, 1991; Ord. NS-240 § 4, 1993; Ord. CS178 § XXIII, 2012)

No front yard shall be provided except as may be required by a precise plan. (Ord. 9060 § 1103)

On any lot, the rear lot line of which abuts property in any R zone and no alley intervenes, no building shall be erected closer than ten feet to the rear lot line; provided further, if such a lot abuts upon an alley, no building shall be erected closer than five feet to the rear lot line of such lot. (Ord. 9060 § 1104)