Article 5 — Commercial and Manufacturing Zoning Districts

This article lists the uses of land that may be allowed within the commercial and manufacturing zoning districts established by Articles 2 through 7, determines the type of land use permit/approval required for each use, and provides basic standards for site development. (§ 3, Ord. 771, eff. February 13, 2004)

The commercial and manufacturing zoning districts are intended to "Maintain an adequate inventory of commercial lands for the provision of goods and services to the community that…contribute to a sound local economic base." (General Plan, Land Use Element). The purposes of the individual commercial and manufacturing zoning districts and the manner in which they are applied are as follows.

• (a) C-1 (General Commercial) District. The C-1 Zoning District is applied to areas appropriate for a range of community and tourist serving retail and service land uses. Typical land uses include general retail and personal services, hotels and motels, etc. The C-1 Zoning District is consistent with the General Commercial land use designation of the General Plan.

• (b) B-P (Business Professional Commercial) District. The B-P Zoning District is intended to provide attractive areas within the small town, historical context of the downtown Arcade area. This zoning district includes diverse, compatible land uses including offices, specialty retail, restaurants, cultural facilities and bed and breakfasts. The B-P Zoning District is consistent with the General Commercial land use designation of the General Plan.

• (c) VMU (Village Mixed-Use) District. The VMU Zoning District is applied to areas suitable for the development of mixed-use residential and commercial land uses that support pedestrian or bicycle transportation modes and community interaction. The VMU Zoning District is consistent with the Village Mixed-Use land use designation of the General Plan.

• (d) M-1 (Light Manufacturing Industrial) District. The M-1 Zoning District is applied to areas appropriate for complementary commercial and light manufacturing land uses. The M-1 Zoning District is consistent with the Commercial Manufacturing land use designation of the General Plan.

• (e) MPD (Manufacturing Planned Development) District. The MPD Zoning District is applied to areas suitable for campus-like planned industrial and business parks. The district is intended to accommodate projects with compatible manufacturing, research and development, office headquarters, and other land uses that will be compatible with the surrounding community, and not create excessive impacts, including noise, dust, odors, vibration, glare, air pollution, and traffic. The MPD Zoning District is consistent with the manufacturing planned development land use designation of the General Plan.

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 7, Ord. 826, eff. June 28, 2013, and § 12, Ord. 941, eff. November 10, 2023)

Table 2-4 identifies the uses of land allowed by these Zoning Regulations in the commercial and manufacturing zoning districts, and the land use permit required to establish each use, in compliance with Section 10-2.303 .

Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of these Zoning Regulations may also apply.

Notes:

• (1) See Title 10 , Chapter 2 , Article 36 (Definitions/Glossary) for allowed use definitions. See Section 10-2.303 (Allowed land uses and permit requirements) regarding allowed uses not listed here.

• (2) Permitted uses in commercial zoning districts may require a Design Review Permit (Art. 20 ).

• (3) Use not allowed within 500 feet of a residential zoning district.

• (4) Allowed in conjunction with another commercial use.

• (5) This use shall be conducted within an enclosed structure unless granted a conditional use permit.

• (6) Unless otherwise exempted, new commercial uses may require a growth allocation pursuant to Title 10 , Chapter 11 (Commercial Growth Management Plan).

• (7) Limited to conditionally permitted on-site sales of beer and wine to guests of legally existing transient occupancy and lodging uses.

• (8) Unlawful short-term rentals are prohibited as specified in Section 4-24.02 and Section 10-2.1715 . Short-term rentals or occupancies that occur at lawfully approved hotels, motels, and bed and breakfast inns operated in full compliance with all applicable Federal, State, and local rules and regulations including any and all required permits from the City are lawful.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 1, Ord. 774, eff. August 13, 2004, § 2, Ord. 856, eff. June 12, 2015, § 2, Ord. 871, eff. June 9, 2017, §§ 2, 3, Ord. 897, eff. June 15, 2019, § 13, Ord. 941, eff. November, 2023, § 4, Ord. 943, eff. November 10, 2023, and § 3, Ord. 950, eff. March 28, 2024)

• (a) Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-5, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 8 of this chapter.

• (b) The following standards shall also apply to the VMU Zoning District:

  • (1) Subject to the limitations of subsection (b)(2), properties within the VMU Zoning District may be occupied by any combination of uses allowed by Section 10-2.503 (Commercial and manufacturing district land uses and permit requirements), Table 2-4, and need not, as a requirement, be devoted to commercial or mixed-uses, in whole or in part.

  • (2) Properties may only be devoted exclusively to commercial use when such properties: (i) adjoin one or more parcels similarly used for exclusive commercial purposes; or (ii) are used exclusively for offices (professional, administrative and real estate) or personal services as listed in Table 2-4. Properties may only be devoted to mixed-use when: (i) such properties adjoin one or more parcels similarly used for mixed-use or exclusive commercial purposes; or (ii) the commercial portion of the property is limited to offices (professional, administrative and real estate) or personal services as listed in Table 2-4. Exceptions to this requirement may be granted by conditional use permit subject to, and contingent upon, making the requisite findings set forth in Section 10-2.2406 (Findings and decision), including, without limitation, the requirement that: (i) the proposed use, at the location planned, is consistent with the action, goals, objectives and policies of the General Plan for the VMU Zoning District; (ii) the proposed use would be compatible with the character of existing uses in the surrounding neighborhood; and (iii) the site of the proposed use is physically suitable for the type and density/intensity of use being proposed. As used throughout this section, the term "mixed-use" means a property occupied by a minimum of one residential dwelling and not less than 25% or greater than 75% of total building area is devoted exclusively to commercial use.

r of existing uses in the surrounding neighborhood; and (iii) the site of the proposed use is physically suitable for the type and density/intensity of use being proposed. As used throughout this section, the term "mixed-use" means a property occupied by a minimum of one residential dwelling and not less than 25% or greater than 75% of total building area is devoted exclusively to commercial use.

• (3) Parking requirements within the VMU Zoning District shall be governed by the provisions of Title 10 , Chapter 2 , Article 14 (Parking and Loading Standards) except as follows: (i) for mixed-use properties where residential uses occupy up to but not in excess of 50% of total building area, a reduction in the number of required parking spaces may be granted subject to and contingent upon site-specific parking studies that account for shared uses conducted on the property; (ii) modification of design standards for mixed-use properties (e.g., covered and tandem parking) may be granted where such deviations are consistent with the pattern of development in the vicinity and are consistent with the use and operational characteristics of the mixed-uses; and (iii) all reductions and modifications in parking requirements within the VMU Zoning District, including the shared-use parking alternative for nonresidential properties stipulated in Section 10-2.1406 (Reduction of parking requirements), shall be subject to design review and approval pursuant to Title 10 , Chapter 2 , Article 20 (Design Review Permits).

ics of the mixed-uses; and (iii) all reductions and modifications in parking requirements within the VMU Zoning District, including the shared-use parking alternative for nonresidential properties stipulated in Section 10-2.1406 (Reduction of parking requirements), shall be subject to design review and approval pursuant to Title 10 , Chapter 2 , Article 20 (Design Review Permits).

• (4) As set forth in Title 10 , Chapter 2 , Article 20 (Design Review Permits), all property within the VMU Zoning District is subject to design review. Unless or except otherwise governed by Design Guidelines expressly adopted for the VMU Zoning District pursuant to Section 10-2.2005 (Reference to design guidelines/policies), all projects shall be evaluated for adherence to the following design principles: (i) Context-new structures should employ materials, colors, textures, styles, building mass, and scale that are compatible with the architectural character and form of surrounding buildings, as appropriate; (ii) Continuity - buildings should be set back from the street consistent with the pattern of existing development located in the vicinity of the property; (iii) Scale - building forms should maintain a human scale at the street and an appropriate height transition to adjacent properties; and (iv) Architectural Design - high quality architectural design should be employed to avoid monotonous building elevations and create architectural interest. In specific regard to building mass, all projects shall be encouraged to stair-step elevations such that each floor above the first is set back from the floor below as depicted in Figure 1-1. Uncovered decks and balconies may occupy the setback area for each floor above the first and all openings on floors above the first that face a side yard should be designed so as to allow illumination while protecting privacy. As an alternative to stair-stepping elevations, projects may incorporate distinctive architectural features such as towers, turrets and colonnades that effectively compensate for monoplane building surfaces.

(Note: Overall Design Principles are depicted in Figures 1-1 and 1-2)

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• (5) Each project subject to design review shall be evaluated for compliance with the General Plan policies that promote pedestrian or bicycle transportation modes and community interaction within the VMU Zoning District. Compliance shall be determined on a case-by-case basis by the decision-making body, taking into account the circumstances particular to each project, and may be achieved through any combination of land dedication, on- and off-site improvements, adherence to Master Pedestrian Circulation Plans or payment of in-lieu fees established by resolution of the City Council.

within the VMU Zoning District. Compliance shall be determined on a case-by-case basis by the decision-making body, taking into account the circumstances particular to each project, and may be achieved through any combination of land dedication, on- and off-site improvements, adherence to Master Pedestrian Circulation Plans or payment of in-lieu fees established by resolution of the City Council.

• (6) The basic allowance set forth in Table 2-5 defines maximum limits and may, at the discretion of the decision making body, be further reduced as part of the design review process in order to make necessary findings in support of project approval. Increases in the maximum limits appearing in Table 2-5 or other exceptions to requirements specified elsewhere in this section may be granted under the density bonus or planned development permit provisions of Title 10 , Chapter 2 , Articles 9 (Affordable Housing Requirements and Incentives) and 23 (Planned Development Permits), respectively. Issuance of a planned development permit is expressly subject to, and contingent upon, making the requisite findings set forth in Section 10-2.2307 (Findings and decision) including the requirement that: (i) the proposed development is consistent with the action, goals, objectives and policies of the General Plan for the VMU Zoning District; (ii) the proposed development would be compatible with the character of existing development in the surrounding neighborhood; and (iii) the site is physically suitable for the type and density/intensity of development being proposed.

• (7) Existing nonconforming buildings and uses within the VMU Zoning District may be continued subject to provisions of Title 10 , Chapter 2 , Article 13 (Nonconforming Uses, Structures, and Parcels), provided, at a minimum, that subsequent changes in use must comply with the location and parking requirements of Sections 10-2.504 (Commercial and manufacturing district general development standards), subsections (b)(2) and (b)(3), respectively.

(click here to view the full table)

Notes:

• (4) See Section 10-2.504 (Commercial and manufacturing district general development standards), subsection (b)(1).

• (5) Existing legal nonconforming parcels of record that do not conform to specific lot standards may still be developed under the provisions of Title 10 , Chapter 2 , Article 5 (Commercial and Manufacturing Zoning Districts). See Section 10-2.1321 (Nonconforming parcels).

• (6) For reverse corner lots, the street side yard setback shall be not less than 50% of the front yard setback required on the key lot immediately adjacent to the corner lot; provided that in no case shall the buildable width of a reverse corner lot be reduced to less than 60% after providing the required side yard setback for interior lots; provided, however, that in no event shall the street side yard setback be reduced to less than 10 feet.

• (7) See Section 10-2.2303 (Application), subsection (a )(7).

• (8) "Median setback" includes all developed lots on the same street frontage and block and constitutes the mid-point of the front yard setback for all such developed lots.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 1, Ord. 782, eff. August 26, 2005, §§ 8, 9, Ord. 826, eff. June 28, 2013, and § 14, Ord. 941, eff. November 10, 2023)