Chico Municipal Code Ch. 19.44 Commercial and Office Zones

This chapter provides regulations applicable to development and new land uses in the commercial zoning districts established by Section 19.40.010. The purposes of the individual commercial zoning districts and the manner in which they are applied are as follows.

A. OR (Office Residential) District. The OR zoning district is applied to areas of existing and future office and residential development. The district permits office/residential mixed-use development in areas where retail and other community commercial uses are not appropriate. The density range for residential development within the OR district is 6 to a maximum of 20 dwelling units per acre. The OR zoning district is primarily intended to implement the Office Mixed Use land use designation of the General Plan.

B. OC (Office Commercial) District. The OC zoning district is applied to areas appropriate for administrative, financial, business, professional, medical, and public offices, together with supporting commercial uses. The density range for residential development within the OC district is 6 to a maximum of 20 dwelling units per acre. The OC zoning district is primarily intended to implement the Office Mixed Use land use designation of the General Plan.

C. CN (Neighborhood Commercial) District. The CN zoning district is applied to areas appropriate for retail sales, businesses, institutions, and services serving the daily needs of nearby residents. This district may also permit mixed-use developments with residential uses above the ground floor. Vertical or horizontal mixed use is required on sites of two acres or greater. The density range for residential development within the CN district is 6 to a maximum of 22 dwelling units per acre. The CN zoning district is primarily intended to implement Neighborhood Commercial land use designation of the General Plan.

D. CC (Community Commercial) District. The CC zoning district is applied to areas appropriate for a wide range of retail businesses. This district also accommodates mixed-use developments with residential uses above the ground floor. The residential density range for mixed use development in the CC zoning district is 6 to a maximum of 22 units per acre. The CC zoning district is primarily intended to implement the Commercial Mixed Use land use designation of the General Plan.

E. DN (Downtown North) District. The DN zoning district is applied to the central downtown area north of 6th Street. Appropriate uses include a wide range of retail, personal service, educational, cultural, and recreational uses, with office and residential uses above the ground floor. The density range for residential development within the DN district is 6 to 22 units per acre. The DN zoning district is primarily intended to implement the Commercial Mixed Use land use designation of the General Plan. The DN zoning district permits development of retail or other uses that contribute to increased pedestrian activity on the ground-floor and requires use permit approval for other ground- floor uses.

F. DS (Downtown South) District. The DS zoning district is applied to the central Downtown area south of 6th Street. Appropriate uses may include a wide range of retail with limited commercial service and auto-oriented uses. Residential uses above the ground floor are allowed at a density range of 6 to a maximum of 22 units per acre. The DS zoning district is primarily intended to implement the Commercial Mixed Use land use designation of the General Plan.

G. CS (Commercial Services) District. The CS zoning district is applied to areas appropriate for commercial businesses not allowed in other commercial areas because they attract high volumes of vehicle traffic or may have adverse impacts on other surrounding uses. The CS zoning district is primarily intended to implement the Commercial Services land use designation of the General Plan.

H. CR (Regional Commercial) District. The CR zoning district is applied to sites appropriate for larger retail and service businesses that serve residents from the City and the region. Mixed-use projects integrating office or residential uses are allowed. The density range for residential development within the CR district is 6 to a maximum of 50 units per acre. The CR zoning district is primarily intended to implement the Regional Commercial land use designation of the General Plan.

(Ord. 2185; Ord. 2223, 2427 §16, 2440 §25)

Table 4-6 identifies the uses of land allowed by these Regulations in each office and commercial zoning district, and the land use entitlement required to establish each use.

Where the last column of the table (“Subject to Standards in Section/Chapter”) includes a section or chapter number, the regulations in the referenced section/chapter apply to the use; however, provisions in other sections/chapters may apply as well.

(Ord. 2205; Ord. 2223; Ord. 2231; Ord. 2272; Ord. 2340; Ord. 2406, 2427 §17, Ord. 2519, §16)

TABLE 4-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL ZONING DISTRICTS

KEY TO PERMIT REQUIREMENTS

Notes:

(1) See Chapter 19.04 for definitions of the listed uses.

(2) With accessory retail use on site.

(3) Permitted only as accessory use and subject to an administrative use permit in compliance with Chapter 19.25.

(4) Use allowed only on second floor or above, or in basements. A use permit is required for ground-level occupancy, except for accessible units required by the Building Code, which are allowed by right.

(5) Businesses within 300 feet of a residential district which operate between the hours of 10 p.m. to 6 a.m. or allow amplified music require use permit approval.

(6) Drive-in and drive-through sales of pharmaceuticals incidental to the operation of drug stores/pharmacies may be allowed with a use permit in the CN Zoning District. No other drive-in or drive-through sales shall be permitted in the CN Zone.

(7) Drive-in and drive-through services incidental to the operation of banks and financial services may be allowed with a use permit in the CN Zoning District. No other drive-in or drive- through services shall be permitted in the CN Zone.

(8) Use only allowed on sites immediately adjacent to State Route 32 that take vehicle access no closer than 100 feet from State Route 32 travel way, and site design must provide for multi- modal access.

(9) Manufacturing involving non-volatile manufacturing techniques, and premises under 5,000 s.f. permitted; Manufacturing involving volatile manufacturing techniques, and/or premises of 5,000 s.f. or greater requires use permit approval.

(Ord. 2427 §17, Ord. 2440 §26, Ord. 2459 §1, Ord. 2461 §3, Ord. 2494 §23, Ord. 2504 §§2, 3, Ord. 2519 §16, Ord. 2553 §2, Ord. 2580 §11; Ord. 2600; Ord. 2610)

The requirements in Table 4-7 shall apply to new land uses and structures, and alterations to existing land uses and structures, in addition to any applicable development standards (such as landscaping, parking and loading) in Division V.

(Ord. 2185; Ord. 2223, Ord. 2427 §19, Ord. 2519 §17)

TABLE 4-7 COMMERCIAL AND OFFICE ZONE GENERAL DEVELOPMENT STANDARDS

Notes:

(1) A minimum 6-foot landscape buffer shall be included along the rear or side property line abutting the residential use.

(2) The Architectural Review and Historic Preservation Board may require less coverage and more landscaped open area to provide visual relief or contrast, or to screen incompatible or obtrusive features.

(3) Multi-family residential uses are permitted to develop up to 30 dwelling units per acre if at least 15% of the units are deed restricted housing affordable to low-incomes at or below 80% of AMI.

(Ord. 2427 §19, Ord. 2435 §23, Ord. 2440 §27, Ord. 2494 §24, Ord. 2519 §17, Ord. 2580 §12; Ord. 2600)

Limitation on Use - Alcoholic Beverage Establishments. No bar or drinking establishment shall be allowed in the DN (Downtown North) zoning district except:

A. Continued use of a building or a portion of a building as an alcoholic beverage establishment as defined in Section 19.04.020 of this title, or the resumption of the use of a building or portion of a building as an alcoholic beverage establishment if the building or portion thereof was operated as an alcoholic beverage establishment as of January 1, 1995; and

B. Use of a building or portion of a building for fund-raising activities by a non-profit organization, including the use of a building or portion of a building for such purposes where the consumption of beer and/or wine is incidental to the fund-raising activity; and

C. The relocation of an existing alcoholic beverage establishment, enlarging the occupied space of an existing alcoholic beverage establishment, and increasing the intensity of use of an existing alcoholic beverage establishment, and/or the structural alteration of the building space containing the alcoholic beverage establishment beyond repairs that are part of normal necessary maintenance, if permitted by use permit.

(Ord. 2185; Ord. 2223, Ord. 2427 §23, Ord. 2446 §1)