Chapter 16.20 — COMMERCIAL DISTRICTS

• A. The general plan outlines goals, objectives, and policies regarding the character and location of commercial uses and development within the city. It is the purpose of this chapter to provide regulations which implement those goals, objectives and policies, and which assure the availability of commercial uses within the city. Commercial districts should be conveniently located, efficient, attractive, and designed in a manner which ensures safe and convenient commercial activity, in order to serve the retail and service commercial needs of Highland residents and businesses.

• B. It is the further intent of the regulations contained in this chapter:

  1. To provide appropriately located areas for retail stores, service establishments, and commercial commodities and services required by residents of the city and the surrounding market area;

  2. To encourage the concentration of commercial and office uses for the convenience of the public, and to secure mutually beneficial relationships to one another;

  3. To provide adequate space to meet the needs of modern commercial development, including off-street parking and loading areas;

  4. To minimize traffic congestion and to avoid the overloading of utilities by regulating the construction of buildings of excessive size relative to the land uses in the city;

  5. To protect commercial properties from noise, odor, smoke, unsightliness, and other objectionable influences incidental to industrial uses; and

  6. To promote high standards of site planning, architecture and landscape design for commercial developments within the city.

• (Ord. 171 § 5.10, 1994)

• A. General Commercial (CG). The primary purpose of the General Commercial (CG) District is to provide sites for commercial uses which serve a large segment of the population with a wide variety of retail, wholesale, service, and office uses.

• B. Neighborhood Commercial District (NC). The primary purpose of the Neighborhood Commercial (NC) District is to satisfy the daily shopping needs of Highland residents by providing for a wide range of common retail and personal services in a centralized location. This district encourages the construction of conveniently located neighborhood centers which provide for limited retail and service commercial uses in a manner which is compatible with the surrounding residential neighborhood.

• C. Planned Commercial (PC). The primary purpose of the Planned Commercial (PC) District is to provide a means for the development of mixed use commercial/office projects which recognize and accommodate site-specific constraints.

• D. Village Commercial (VC). The general plan outlines the goals, objectives and policies establishing the character and location of the Village Commercial District. It is the purpose of

this section to provide regulations which implement those goals, objectives and policies which assure the preservation of the character and vitality of the original Highland townsite.

The provisions of this chapter are intended to ensure that the limited commercial- and officerelated development permitted within the Village Commercial District respects the historic significance of the townsite by requiring that all proposed buildings and structures reflect the townsite's architectural theme and are compatible with the surrounding residential community, as described in the general plan land use and community design elements. (Ord. 171 § 5.20, 1994; Ord. 307 § 25, 2006)

Identified on Table 16.20.030.A are those land uses or activities which may be permitted in each of the commercial districts, subject to the provisions of this chapter, this title, and applicable general plan policies, and those land uses and activities which are not permitted. Table 16.20.030.A also indicates the development procedure and the approval type by which each listed land use or activity may be permitted in each of the commercial zone districts.

• A. Where the symbol " ▪ " appears in the column beneath a commercial zone district, the corresponding land use or activity is not permitted in the zone district.

• B. Where the symbol "SR" appears in the column beneath a commercial zone designation, the corresponding land use or activity may be permitted subject to the approval of a staff review permit application as provided for in Chapter 16.08 HMC.

• C. Where the symbol "C" appears in the column beneath a commercial zone designation, the corresponding land use or activity may be permitted subject to the approval of a conditional use permit application as provided for in Chapter 16.08 HMC.

1 Massage services may be performed in a beauty shop, nail salon, or day spa where massage services account for less than 30 percent of the gross square footage of the business and when conducted in accordance with the requirements of Chapter 5.16 HMC.

(Ord. 171 § 5.30, 1994; Ord. 194 § 2, 1995; Ord. 205 § 7, 1996; Ord. 213 § 6, 1996; Ord. 267 § 4, 2001; Ord. 307 §§ 26, 27, 2006; Ord. 373 § 4, 2013; Ord. 394 § 16, 2014; Ord. 427 § 6, 2018; Ord. 456 § 4, 2022)

• A. General Requirements. Table 16.20.040.A describes the minimum site development standards applicable to proposed and existing development in all commercial zone districts, excluding the Planned Commercial Zone District. All commercial development shall conform to the standards established in this section. Within the Planned Commercial District, such development standards shall be established by the planning commission, based on site-specific constraints affecting the designated parcels.

  1. A development or commercial center may, for purposes of meeting the minimum site size standards, consist of a combination of parcels whose total net acreage meets the minimum site size criteria; provided, that the design for the entire site is integrated and unified.

  2. In addition to the minimum standards established in Table 16.20.040.A, developments within the commercial districts shall also comply with the special requirements contained in

subsection B of this section, Chapter 16.48 HMC, Performance Standards, other applicable city ordinances, and the city general plan.

1. The term "AC" means acre or acres.

2. The term "K" means thousands of square feet.

3. Measured from property line after dedications for public rights-of-way.

4. Land use intensity and floor area ratio are dependent upon general plan provisions, transitions to adjacent land uses, and are subject to development review.

• B. Special Requirements.

  1. Wherever a single-story commercial use in any commercial zone district abuts a lot in any residential zone district, a landscaped setback, equal to the commercial building height, shall be required, to a maximum of 30 feet. Where vehicular access is provided along the district boundary, a minimum of 20 feet nearest the district boundary line shall be landscaped.

  2. Where a commercial use abuts any residential district, no two-story building shall be constructed within 40 feet of said residential district without issuance of a conditional use permit.

  3. Where off-street parking areas in commercial districts are situated so as to be visible from any street, screening in the form of a three-foot high landscaped earthen berm or decorative wall three feet in height shall be erected between the required landscape area and the parking area.

4. In commercial districts, the required front and street side building setback areas shall be landscaped, except where necessary walks and drives are provided. Where off-street parking is located within such building setback areas, a minimum landscaped area 10 feet in depth shall be provided between the property line and said off-street parking area, with an additional minimum landscaped area of 10 feet in depth required between said parking area and the building.

   5. Except as otherwise permitted, a street side building setback area in a commercial district shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.

   6. Except as otherwise permitted, required rear and interior side building setback areas in any commercial district shall be used only for landscaping, pedestrian walkways, driveways, offstreet parking or loading, recreational activities or facilities, and similar accessory activities.

   7. In all commercial districts, no external security bars shall be permitted on structures.

   8. Parking for each use shall comply with the provisions of Chapter 16.52 HMC.

• C. Exceptions.

  1. On legal lots of record existing prior to the date of adoption of the ordinance codified in this title, which comply with the provisions of this title and with all land use regulations existing prior to the adoption of the ordinance codified in this title, and which contain less than the required minimum depths, shall provide a front building setback or landscaping which is at least equal to 20 percent of the depth of the property (excluding right-of-way area).

  2. The creation of new lots within these districts shall conform to these minimum dimensions, except in the case of condominium lots or lots within a shopping center, in which case no minimums are established.

  3. Parcels created within shopping centers are exempt from the site development standards stated herein, as they relate to minimum site areas, and minimum lot width and depth, as long as a conceptual development plan for the entire center has been approved, and if appropriate easements for reciprocal access parking and maintenance are provided.

D. Repealed by Ord. 344. (Ord. 171 § 5.40, 1994; Ord. 243 § 4, 1999; Ord. 307 §§ 28, 29, 2006; Ord. 344 § 3, 2009)