§ 92.10

The C-D-N zone provides an opportunity for convenience commercial uses to be oriented directly to the residential neighborhood they serve by means of a planned commercial complex. The shopping centers established under this zone are intended to be an integrated element of the neighborhood and to promote a harmonious relationship between convenience services and the residential environment through compatibility of site design and architectural treatment of structures. The C-D-N zone will not be granted until a conditional use permit has been granted and all conditions complied with.

(Ord. 1294, 1988)

A. Uses Permitted.

Convenience commercial uses established in a C-D-N complex shall direct their activities to serving the specific neighborhood in which they are located. Those businesses or services that require a market area beyond the sphere of the immediate neighborhood and draw customers or clients from community-level facilities or from the downtown business district are not considered to be an appropriate use in the C-D-N zone.

Buildings, structures and land shall be used and buildings and structures shall be erected, altered or enlarged only for the following uses, with specific limitations of size and scope. All uses shall be subject to the standards in Section 92.10.03.

1. Auto parts, retail;

2. Athletic and health clubs;

3. Bakeries, retail;

4. Banks and savings and loan institutions, branch offices limited to a maximum of 10,000 square feet gross floor area;

5. Barber and beauty shops;

6. Bicycle sales, repair and rental;

7. Book, gift and stationery stores;

8. Camera shops;

9. Catering, in conjunction with a permitted food service use;

10. Childcare centers;

11. Clothes cleaning and laundry agencies;

12. Drug or variety stores limited to the sale of merchandise that can be carried out by the customer. Sale of major furniture items or appliances is prohibited;

13. Florists;

14. Food service facilities of all types (except drive-in and drive-through types);

15. Hardware and houseware stores;

16. Hobby and craft shops;

17. Ice cream shops;

18. Interior decorating and home accessory shops;

19. Jewelry stores;

20. Laundromats;

21. Liquor stores;

22. Locksmiths;

23. Musical instrument sales;

24. Newsstands;

25. Offices (all types except contractors);

26. Paint stores;

27. Pet shops including pet grooming (no kennel facilities);

28. Plant nurseries (sales);

29. Post Office branches;

30. Radio, television and appliance sales and repair;

31. Shoe repair shops;

32. Specialty food stores; provided, no live animals are kept on the premises;

33. Supermarkets and food stores;

34. Tailor shops (retail only);

35. Toy stores;

36. Travel agencies;

37. Veterinary clinic, outpatient only;

38. Wearing apparel shops;

39. Accessory uses customarily incidental to the permitted use and located on the same lot therewith;

40. Convenience stores.

• B. Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to the other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.09.03.

• C. Uses Permitted by Land Use Permit.

  1. Art displays;

  2. Car shows;

  3. Christmas tree sales not as an accessory use to a main use;

  4. Commercial recreation (indoor);

  5. Festivals, exhibits and special events;

  6. Musicians/entertainment (subject to provisions of noise ordinance);

7. Recycling collection center as an accessory use on a developed property;

   8. Outdoor dining;

   9. Religious institutions.

• D. Uses Permitted by Conditional Use Permit (unless otherwise permitted).

  1. Automobile service stations, limited to the dispensing of motor fuels and oils, lubrication, sales and service of tires, tubes, batteries, and other minor accessories. No major automotive repair shall be permitted, such as radiator, engine, transmission or body repair;

  2. Car washes;

  3. Drive-through facilities;

  4. Family pool parlors;

  5. Nightclubs.

(Ord. 1294, 1988; Ord. 1366, 1991; Ord. 1418, 1992; Ord. 1553, 1998; Ord. 1841 § 4, 2014; Ord. 2020 §§ 23—25, 2020; Ord. 2076, 1/12/2023

All uses and structures not permitted in Section 92.10.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination:

• A. Automotive repair garages;

• B. Drive through (Deleted by Ord. 1366);

• C. Industrial uses;

• D. Motorcycle rentals and sales;

• E. Nightclubs (Deleted by Ord. 1553);

• F. Residential uses, including hotels;

• G. Wholesaling and warehousing.

• (Ord. 1294, 1998; Ord. 1366, 1991; Ord. 1553, 1998)

The following property development standards shall apply to all land and buildings in the C-D-N zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

• A. Site Area.

Each neighborhood shopping center shall have a minimum site area of 10 acres and a maximum of 30 acres.

• B. Site Dimensions.

  1. Each neighborhood shopping center shall have a minimum width and minimum depth of 450 feet.

  2. Each neighborhood shopping center shall have a minimum frontage of 450 feet on at least one dedicated and improved major or secondary thoroughfare.

• C. Building Height.

  1. Buildings and structures erected in this zone shall have a height not greater than 30 feet.

  2. Exceptions.

     • a. Permitted Projections Above Building Height Limit.

The provisions of Section 93.03.00 shall apply.

• D. Yards.

  1. For general provisions see Section 93.01.00. For properties fronting on E. Palm Canyon Drive, see Special setbacks, see Section 93.01.02.

  2. Where the C-D-N Zone abuts a street, there shall be a minimum yard abutting such street as follows:

     • a. Twenty-five percent of the total site frontage may have buildings constructed 25 feet from the property line. The remainder of the site must observe a yard of 50 feet from property line.

     • b. All parking must be set back a minimum of 20 feet from the property line.

  3. Where the C-D-N zone abuts property in any residential or open zone, there shall be a yard of not less than 50 feet. A wall six feet in height shall be installed on the zone boundary line. Such yard may be used for parking or driveways provided the 10 feet nearest the wall is densely landscaped.

• E. Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply.

• F. Access.

The provisions of Section 93.05.00 shall apply.

• G. Off-street Parking.

The provisions of Section 93.06.00 shall apply.

• H. Off-Street Loading and Trash Areas.

  1. The provisions of Section 93.07.00 shall apply.

  2. Loading docks which are located within 150 feet of a residential zone boundary, shall be screened from view from the residential area.

• I. Signs.

The provisions of Section 93.20.00 shall apply.

• J. Storage.

All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings unless with the following exceptions:

1. Activities and uses outlined in Section 92.10.01(C) (Uses Permitted by Land Use Permit);

2. Automobile service stations (pursuant to Section 94.02.00(H)(2)(j));

3. Plant nursery sales, limited to living plants.

• K. Lighting.

All lighting shall be indirect or shielded and so designed as to reflect away from adjoining properties, and shall comply with provisions of Section 93.06.00(C)(4).

• L. Antennas.

The provisions of Section 93.08.00 shall apply.

• M. Public Art.

The provisions of Section 93.11.00 shall apply. (Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1500, 1995; Ord. 1553, 1998)

The shopping center shall be developed and maintained in a totally integrated unit with continuous vehicular and pedestrian systems, as well as a unified architectural and landscape treatment.

The shopping center design shall make provision for other transportation systems, such as buses and bicycles as well as private automobiles. (Ord. 1294, 1988)

All properties shall be subject to property maintenance standards established in Section 93.19.00. (Ord. 1294, 1988)