Division 7 — COMMERCIAL ZONES

SEC. 16-105. PURPOSE.

The following are descriptions of the purpose and intent of each one of the commercial zoning districts in the city. All permitted and conditionally permitted uses shall be consistent with the purpose and intent of the respective zone.

(A) C-O (Commercial Office Zone). The purpose of the C-O zone is to provide a district for low-profile professional uses suitable for location abutting residential uses and for offices and related uses in selected locations.

(B) C-1 (Neighborhood Shopping Center Zone). The purpose of the C-1 zone is to provide a district of convenience shopping and personal services located primarily to serve the neighborhood within which the district is located and having development standards and performance standards suitable for location abutting residential uses.

(C) C-2 (General Commercial Zone). The purpose of the C-2 zone is to provide a district for retail centers and free-standing commercial along arterial roads. This zoning district also accommodates offices, live/work and mixed-use commercial and residential development.

(Ord. No. 3037)

SEC. 16-106. PERMIT REQUIREMENTS FOR COMMERCIAL USES.

The required permit for a respective commercial land use is indicated in Section16-107, commercial land use matrix. The permit requirements are as provided for in this chapter and as further provided for below.

(A) Zoning clearance. Permitted uses are subject to the requirement for approval of a zone clearance in accordance with this chapter. The permit application requirements and process for a zoning clearance are set forth in Article VII, Division 1 of this chapter.

(B) Site plan review (SPR) permit. An SPR permit may be used for developments where the State has mandated that the city's approval must be ministerial. The permit application requirements and process for site plan review permit are set forth in Article VII, Division 1A of this chapter.

(C) Development design review (DDR) permit. The permit application requirements and process for development design review permit are set forth in Article VII, Division 2 of this chapter.

(1) A DDR permit is required for all new construction unless a special use permit, SPR or other zoning permit is required under this chapter. A DDR permit is also

required for the review and approval of a use which requires administrative review to ensure compliance with the provisions of this chapter and other regulatory requirements.

(2) For the review of uses proposed to be located in existing structures, the Director may determine the level of information and plans required.

(D) Special use permit (SUP). The permit application requirements and process for a SUP are set forth in Article VII, Division 3 of this chapter.

(E) Minor modifications. Where a planning permit such as a special use permit, planned development permit, development design review permit or site plan review has been previously approved, the Director may elect to modify that existing permit in lieu of requiring the application and approval of a new permit for a proposed physical modification or use clearance, provided such physical modification is within the parameters for minor modifications provided for in this chapter or by administrative policy. The requirements and process for modifications to a special use permit are set forth in Article VII, Division 4 of this chapter. Modifications to a site plan review permit are set forth in Article VII, Division 1A of this chapter. Modifications to a development design review permit are processed in the same manner as the original development design review permit as set forth in Article VII, Division 2.

(F) Specific plan permit requirements. For development in areas within a designated specific plan, the specific plan will identify the processing requirements for uses. Where the specific plan is silent on a use or process, the following table identifies the permit processing requirements.

(Ord. No. 3037)

SEC. 16-107. COMMERCIAL LAND USES BY ZONE: COMMERCIAL LAND USE MATRIX.

The allowable land uses in the commercial zoning districts are identified in the following table.

Commercial Land Use Matrix

Key: Blank: Not Allowed X: Prohibited Use P: Permitted Use SPR: Site Plan Review** SUP: Special Use Permit DDR: Development Design Review Permit** Zone District Land Use C-O C-11 C-22 Notes

Commercial Land Use Matrix

Key: Blank: Not Allowed X: Prohibited Use P: Permitted Use SPR: Site Plan Review** SUP: Special Use Permit DDR: Development Design Review Permit** Zone District Land Use C-O C-11 C-22 Notes

Accessory buildings and uses customarily incidental to any of the primary commercial use when located on the same lot, P P* P subject to the approval of the director

Accessory dwelling unit with accessory dwelling unit clearance on lot developed with one or more legal primary P Refer to Article V, Division 13 dwelling structures

Accessory signs as permitted herein. No P P* P freestanding sign shall be permitted Adult day care facilities serving no more than 15 adults SUP SUP DDR Adult day care facilities serving more than 15 adults SUP SUP Adult motels DDR DDR Refer to Article V, Division 1 Antique store P Assisted living residential facility SUP SUP Bakery or doughnut shop employing not more than 5 persons P* P on premises Bank P Bar or cocktail lounge or restaurant serving alcoholic SUP beverages Beauty shops and barber shops P P* P Bed and breakfast inn SUP Refer to Article V, Division 3 Bicycle repair shop, employing not more than 5 persons on P* P premises Billiard or pool hall P Bird store or pet shop P Blueprinting, photostating, and printing P Candy, nut, confectionary store P* P Cannabis retail, provided that the owner has first obtained a X SUP SUP Refer to Article XVII, Chapter 11 commercial cannabis business permit Car wash (nonmechanical or self-service) P* P Children's day care facility serving no more than 15 children P P P Children's day care facility serving more than 15 children SUP SUP Churches SUP SUP Refer to Section 16-162(B) Cleaning and pressing establishment using noninflammable P and nonexplosive cleaning fluid Commercial condominiums SUP See Section 16-395 Commercial recreational uses, including but not limited to a skating rink, bowling alley, miniature golf, kiddie ride, SUP amusement center, driving range, and sports auditorium Commercial school, including business college P Community care facilities serving more than 6 persons3 SUP Congregate living health facilities no more than 15 beds3 DDR Congregate living health facilities more than 15 beds3 SUP Conservatory of music P Convenience market P* P Convenience market, including incidental sales of alcoholic beverages for consumption off the premises Convenience stores or mini-markets which may both serve SUP packaged alcoholic beverages and dispense gasoline Convents serving no more than 15 persons SUP Department store P Drive-in and drive-through establishments, including drive-in restaurant, drive-through or mechanical car wash and film SUP processing booth Electric distribution substation SUP P Embroidery, sewing notions shop P* P Emergency shelters3 for families or temporary P Refer to Section 16-504 Emergency shelters3 permanent SUP Refer to Section 16-504 Employment agency P Farm work employee housing3 SUP Fire and police stations P Firearm and ammunition sales SUP Refer to Article V, Division 19 Furniture store P Gift shop P* P Grocery, fruit, or vegetable store P* P

Health spa or massage parlor, excluding an adult massage P See Section 16-336 parlor Home-finding agency P P Home occupations incidental to a primary residential use with P P P Refer to Article V, Division 6 a home occupation permit Hospitals and convalescent hospitals SUP SUP Hotels and motor hotels SUP SUP Ice cream shop P* P Ice storage house of no more than 5 ton capacity P Interior decorating store P

Laboratories, when incidental to medical, dental, and similar uses Large family day care homes incidental to a primary residential use that the Planning Manager finds to comply P P P See Section 16-440 with the standards Laundry and dry cleaning establishments P* P Library P Lodge, fraternal organization not to include sale of alcoholic P beverages Low barrier navigation center3 SPR Refer to Section 16-504 Meat markets or delicatessen store P* P Medical laboratory P Mixed use multifamily residential, live/work and work/live SUP See Section 16-109 housing, up to 18 dwelling units per acre3 Mixed use multifamily residential up to 30 dwelling units per acre with greater than 15% floor area commercial or office DDR See Section 16-420 space in AHP additive zone3 Mobile home sales area provided that no repair or SUP reconditioning is permitted Mortuary SUP P Motor vehicle repair including tune-up, carburetor shop, transmission and radiator repair, electrical specialty, front end alignment, top and upholstery shop, wheel balancing and the SUP installation of brakes, mufflers and tires, provided that all repair activity and storage of materials takes place within an enclosed building Multifamily residential uses subject to R-3 zone development SUP See Section 16-109 standards3 Multifamily residential uses up to 30 dwelling units per acre SUP See Section 16-420 on parcels in the AHD additive zone3 Multifamily residential uses up to 30 dwelling units per acre SPR See Section 16-420 on parcels in the AHP additive zone3 Music or vocal instruction P Music store P Newsstand, newspaper office P Nursery, flower or plants P Off-street parking P P Office condominiums SUP SUP See Section 16-395 Other uses similar in nature or operation to permitted or SUP related uses in the C-1 zone Pawnshops SUP Pharmacies engaged primarily in selling pharmaceuticals and SUP P* P medical supplies Private clubs, fraternities, sororities, and lodges, except those the chief activity of which is a service customarily SUP SUP carried on as a business Private or parochial schools, except those of a correctional SUP nature or those intended for the mentally handicapped Professional and business offices, including medical, dental, legal, engineering, architectural, insurance, real estate, and P P other offices not engaged in selling goods or products Public or private parks and playgrounds SUP SUP SUP Public parking area P Public schools, elementary, junior high, high school, colleges SUP SUP SUP Public utility structure SUP R-3 zone permitted and related uses SUP Radio and television store and repair shop incidental to retail P sales Recreational vehicle park not including vehicle storage or SUP trailers over 30 feet in length Residential care facilities serving no more than 15 persons3 DDR Residential care facility3 SUP SUP Residential stock cooperatives and community apartments SUP See Section 16-395 Resort-vacation timeshares subject to R-3 zone development SUP SUP See Sections 16-58 through 16-63 standards Restaurant, general or fast food, not serving alcoholic P beverages Restaurant, general purpose, provided that: Establishment does not serve alcoholic beverages or offer entertainment; and SUP SUP Establishment does not serve food to patrons in their automobiles or permit take-out or delivery of food other than as a clearly incidental or minor part of the operation

Retail stores or businesses not involving any kind of manufacture, processing, or treatment of products other than as is clearly incidental to the retail business conducted on the premises; and provided that: P not more than 5 persons are employed in the manufacture, processing, or treatment of products; and such operations or products are not objectionable due to noise, odor, dust, smoke, vibration or other similar causes Sale of alcoholic beverages for consumption off-site SUP Service stations SUP* SUP See Section 16-109 Shoe repair store P* P Single room occupancy3 SUP See Section 16-441 Signs P P Refer to Article IX Signs, non-accessory SUP Small residential health or care facilities that conform to city ordinances restricting building heights, setbacks, lot dimensions, placement of signs and other matters applicable P to dwellings of the same type in the same zone, and that provide services to no more than 6 persons, or to no more than 8 children in the case of a small family day care home Soft drink fountain P* P Stationery store P* P Storage garage P Studios (except motion picture) P Supportive housing3 SPR Swap meet, provided that: the use is carried out in a building of at least 10,000 sq. ft.; there is no outdoor display of merchandise unless allowed by SUP See Section 16-476 a temporary use permit; and there are no signs on the exterior of the building identifying individual vendors Swim clubs, tennis clubs, golf courses, and similar uses SUP incidental to a residential tract or development Taxidermist P Telephone exchange P Theater P See Section 16-331 Trade school that is not objectionable due to noise, odor, or P vibration Transitional housing3 SUP Vehicle sales, new and used, including truck sales and SUP incidental automotive service and repair

Veterinary hospitals for small animals, serving common household pets, provided that no outdoor kennels are SUP permitted <Wedding chapel P Wireless communications facilities, stealth P P P Refer to Article V, Division 16 1: All stores, shops or businesses in a C-1 zone shall be retail establishments selling new merchandise only. All shops secondary to the convenience market shall be no larger than 1,500 square feet of gross floor area unless a special use permit grants additional gross floor area. All sales or storage shall be conducted within a totally enclosed building, except for service stations. 2: No other uses shall be permitted in the C-2 zone without the approval of the City Council. 3: Except that such facilities shall not be permitted in the airport hazard overlay zone. *: Permitted in the C-1 zone provided such uses do not sell alcoholic beverages for consumption on or off the premises. **: A development design review permit is required for all new construction unless a special use permit, site plan review or other zoning permit is required under this chapter.

(Ord. No. 3037)

SEC. 16-108. DEVELOPMENT STANDARDS.

The following table sets forth development standards for all of the commercial zone districts in the city. All permitted and conditionally permitted uses shall be consistent with the purpose and intent of the respective zone.

Development Standards

Zone District
Standard
C-O C-1 C-2

Development Standards

Zone District
Standard
C-O C-1 C-2

Height permitted 15 ft.* 20 ft. 35 ft.* Front yard setback 10 ft.* 10 ft.; 20 ft. if abuts a residential zone 10 ft.** 5 ft.; 1 ft. increase for each additional 5 ft.; no setback if abuts another C-2 Interior lot side yard setback 10 ft. story zoned lot**

10 ft.; 1 ft. increase for each additional 5 ft.; no setback if abuts another C-2 Corner lot side yard setback 50% of the front yard setback story zoned lot** Reverse corner lot street side: side 50% of the front yard required on the Same as front yard setback Same as front yard setback yard setback rearing residential zone lots in the rear of such lot No setback required for buildings less 10 ft.; 1 ft. increase for each additional Rear yard setback 15 ft. than 16 ft.; 15 ft. for buildings over 16 story ft.; 10 ft. if abuts a public alley** *Additional height may be allowed with approval of a SUP. ** Buildings used exclusively for dwelling purposes shall comply with the front, side, and rear yard regulations of the R-3 zone. Buildings having commercial uses on the lower floor and residential uses on the upper floor or floors shall comply with the front, side and rear yard regulations of the C-2 zone for commercial floors and the R-3 zone for the residential floors.

(Ord. No. 3037)

SEC. 16-109. SPECIAL REQUIREMENTS SPECIFIC TO C-O, C-1, AND C-2.

(A) C-O zone.

(1) Residential uses prohibited, except as allowed per State law.

(a) Residential uses shall not be permitted in this zone, except as allowed per State law or except that any existing dwelling may be maintained and any

necessary structural alterations that are required by law may be made to perpetuate such a nonconforming use.

(b) A special use permit for a multi-story structure may approve penthouses or one or more floors of living units in addition to the professional uses or other uses

permitted by this division.

('64 Code, Sec. 34-70.3) (Ord. No. 1036)

(2) Conversion of existing structures prohibited. Existing dwellings and other residential structures shall not be converted to professional use. Existing hotels and

motels shall not be converted to timeshare use.

('64 Code, Sec. 34-70.4) (Ord. No. 1036, 1959)

(3) Incidental retail and professional services. Retail commercial uses shall not be permitted except that where a special use permit application has been filed for a

multi-story structure, the special use permit approval body may approve retail uses, such as restaurants and coffee shops, and personal services, such as barbershops, intended primarily to serve the occupants of the building.

('64 Code, Sec. 34-70.5) (Ord. No. 1036)

(4) Cannabis uses prohibited. All cannabis-related uses are prohibited in the C-O Commercial Office Zone.

(Ord. No. 2929)

(B) C-1 zone.

(1) C-1 basic provisions. Only one neighborhood shopping center may be so zoned for each neighborhood specified in the general plan. Property may be zoned as

a neighborhood shopping center only when all of the following standards are met:

(a) The property is located at the intersection of thoroughfares or at the intersection of a thoroughfare and a collector street.

(b) The neighborhood within which the property is situated contains a minimum of 600 residents or is shown on adopted city maps to contain that number of

dwelling units after development.

(c) The property, when developed as a neighborhood shopping center, shall:

1. Have as a major tenant, a convenience market or similar outlet for daily shopping needs;

2. Feature architecture of residential character in conformance with the neighborhood; and

3. Be in conformance with the traffic and circulation requirements of this code.

('64 Code, Sec. 34-72) (Ord. No. 1565)

(2) C-1 lot area. Each neighborhood shopping center shall normally be rectangular in shape with an area of approximately one acre and a depth of approximately

150 feet. In no case shall a neighborhood shopping center have less than 21,780 square feet (one-half acre) or more than 65,340 square feet (one and one-half acre) including the area, if any, devoted to service station use. Such centers shall have a minimum width of 100 feet and a minimum average depth of 135 feet.

(‘64 Code, Sec. 34-77) (Ord. No. 1565)

(3) C-1 prohibited uses. The following uses shall not be permitted in the C-1 zone:

(a) New residential uses, except as allowed per State law. Existing residential uses shall be subject to the provisions herein;

(b) Conversion of dwellings to commercial uses unless a special use permit is approved as provided in Sections16-530 through 16-553;

(c) Drive-in or take-out cafe or restaurant;

(d) Food delivery, catering or food pickup or take-out establishments;

(e) Bars, cocktail lounges and the like;

(f) Liquor stores;

(g) Advertising structures other than those permitted in Article IX of this chapter.

('64 Code, Sec. 34-75) (Ord. No. 1565, 2929, 2972)

(4) Service station use. Service stations are permitted on approval of a special use permit, provided the service station is limited to the retail sale of gasoline, oil,

tires and automobile accessories, lubrication services, minor automotive repairs and the replacement or installation of automotive accessories provided that:

(a) No service station shall have more than two pump islands or more than six pumps;

(b) No service station shall have more than two lubrication hoists and all such hoists shall be located within an enclosed structure; and

(c) No sales or rentals of trucks, trailers, cars, equipment, and the like, shall be permitted.

(5) Neighborhood shopping center development standards.

(a) A neighborhood shopping center shall have a zone wall, landscaping and on-site lighting as required by this chapter.

(b) Each neighborhood shopping center shall normally be rectangular in shape with an area of approximately one acre and a depth of approximately 150 feet. In

no case shall a neighborhood shopping center have less than 21,780 square feet (one-half acre) or more than 65,340 square feet (one and one-half acre) including the area, if any, devoted to service station use. Such centers shall have a minimum width of 100 feet and a minimum average depth of 135 feet.

('64 Code, Sec. 34-78.3) (Ord. No. 1565, 2336)

(C) C-2 zone.

(1) Yard requirements for dwellings.

(a) Buildings used exclusively for dwelling purposes shall comply with the front, side and rear yard regulations of the R-3 zone.

(b) Buildings having commercial uses on the lower floor and residential uses on the upper floor or floors shall comply with the front, side and rear yard regulations

of the C-2 zone for commercial floors and the R-3 zone for the residential floors.

('64 Code, Sec. 34-85) (Ord. No. 1409)

(2) Operating standard for sale or storage of used fabric items. Operators of retail stores that sell previously owned, secondhand or used merchandise, shall

thoroughly launder or dry-clean such merchandise that is made of fabric (such as curtains, slipcovers and bed linens) before offering such merchandise for sale or storing such merchandise on the premises. On request of police department or code enforcement division personnel, the operator of such a store who has complied with this operating standard shall sign a statement under penalty of perjury providing the facts as to how and when such compliance occurred.

(Ord. No. 2626)

(Ord. No. 3037)

DIVISION 8. [RESERVED]

DIVISION 9. [RESERVED]