Chapter 23.33 — “C-1”—NEIGHBORHOOD COMMERCIAL DISTRICT

The “C-1” district is intended to provide for general retail and office uses which offer the sale of goods and services to the general public and which, through characteristics of their operation, cater primarily to residents of neighborhood market areas. (Prior code § 25-84; Ord. 83-O-117 § 1, 1983)

There shall be no minimum lot size required for a “C-1” parcel. However, in establishing and maintaining locations for the “C-1” zone, consideration shall be given to the following:

• (1) The site has convenient access to surface streets and can support safe and efficient on-site circulation.

• (2) There is sufficient parcel size to ensure adequate buffering and screening where needed to protect residential developments.

• (3) The site is physically suitable for the proposed type and density of development and capable of permitting full compliance with the city’s development codes.

(Prior code § 25-85; Ord. 72-O-119 § 21, 1972; Ord. 82-O-106 § 1, 1982; Ord. 83-O-117 § 1, 1983)

Permitted uses in the “C-1” zone shall consist of businesses with a floor area of less than twenty thousand (20,000) square feet which are operated in compliance with the purpose of this chapter and are conducted entirely within an enclosed building, except if permitted by Sections 23.33.046 and 23.81.165 . Such uses shall include:

• (1) Apparel stores;

• (2) Appliance stores;

• (3) Bicycle shops;

• (4) Drugstores;

• (5) Fast food establishments excluding drive-in/ drive-through establishments;

• (6) Food stores, including bakeries, health food establishments, candy stores, vitamin shops;

• (7) General merchandise stores;

• (8) Hardware stores;

• (9) Hobby supply stores; (10) Jewelry stores;

• (11) Media shops, including bookstores, newsstands, video tape outlets, etc.;

• (12) Music stores, including sales of instruments, records, tapes, etc.;

• (13) Offices including financial institutions, real estate and insurance firms, medical and dental clinics and travel agencies: offices in integrated developments shall remain incidental and subordinate to the intended retail use;

• (14) Personal service establishments, including barbershops, beauty shops, dry cleaning and tailors (for massage establishments (pursuant to the requirements of Chapter 8.44 ), acupressure clinics, tattoo parlors and other similar uses, refer to Section 23.33.040 );

• (15) Recycling facilities per Chapter 23.41 ; (16) Restaurants and eating places;

• (17) Service establishments;

• (18) Small outdoor seating areas per Section 23.81.165 ;

• (19) Sporting goods stores;

• (20) Stationery and office supply stores;

• (21) Studios, photography;

• (22) Toy shops;

• (23) Variety stores;

• (24) Vehicle parts sales, excluding repair and service;

• (25) Other uses that the planning commission finds to be in accord with the purpose of this chapter and having characteristics similar to those uses listed in this section.

(Prior code § 25-86; Ord. 451 § 1, 1967; Ord. 454 § 14, 1967; Ord. 72-O-109 § 22, 1972; Ord. 82-O106 § 2, 1982; Ord. 83-O-117 § 1, 1983; Ord. 84-O-123 § 1, 1984; Ord. 87-O-120, 1987; Ord. 87-O135 § 3, 1987; Ord. 90-O-117 § 8, 1990; Ord. 91-O-119 § 1, 1990; Ord. 92-O-123 § 8, 1992; Ord. 94O-102 § 5, 1994; Ord. 97-O-113 § 1, 1997; Ord. O-2011-07 § 5, 2011; Ord. O-2016-02 § 5, 2016)

The city recognizes that certain uses, although consistent with the purpose of the “C-1” zone, have special characteristics which have the potential to adversely affect adjoining businesses and/or property owners. These uses shall therefore be reviewed individually pursuant to the provisions of Chapter 23.87 ; those uses include the following:

• (1) Businesses permitted pursuant to Section 23.33.030 , but occupying a floor area greater than twenty thousand (20,000) square feet;

• (2) Churches; provided, however, that:

  • (A) In approving the use permit the planning commission shall consider a church as a temporary use approved for a time period of not more than three (3) years. The use permit shall be reconsidered at the end of this time period,

  • (B) All activity (other than church office staff) shall be prohibited on Monday through Friday prior to 6:00 p.m.;

• (3) Establishments offering drive-in/drive-through service;

• (4) Establishments that sell alcoholic beverages including on-sale and off-sale;

• (5) Game arcades; includes any establishment having four (4) or more freestanding mechanical or electronic games of chance, skill or entertainment, whether as the primary use or in conjunction with another business, but excluding vending machines dispensing a product for sale;

• (6) Health clubs; includes, but not limited to, racquetball clubs, swim clubs, tennis clubs and gymnasiums;

• (7) Hospitals, including related and/or necessary supporting facilities, such as: pharmacies, medical laboratories and out-patient clinics, when constructed or included as part of the original development;

• (8) Large outdoor seating areas per Section 23.81.165 ;

• (9) Pet shops (completely enclosed);

• (10) Poolrooms;

(11) Recycling facilities per Chapter 23.41 ;

• (12) Service stations;

• (13) Veterinary clinics (completely enclosed);

• (14) Personal service establishments including massage establishments (pursuant to the requirements of Chapter 8.44 ), acupressure clinics, tattoo parlors (pursuant to the requirements of Chapter 23.86 ) and other similar uses;

• (15) Studios, including dance and music;

• (16) Other uses that the planning commission finds to be in accord with the purpose of this chapter and having characteristics similar to those uses listed in this section.

(Prior code § 25-87; Ord. 83-O-117 § 1, 1983; Ord. 84-O-123 § 1, 1984; Ord. 87-O-101, 1987; Ord. 87-O-103, 1987; Ord. 87-O-135 § 3, 1987; Ord. 90-O-117 § 9, 1990; Ord. 91-O-119 §§ 2, 3, 1990; Ord. 93-O-123 § 1, 1993; Ord. 94-04-102 § 6, 1994; Ord. 94-O-127 § 1, 1994; Ord. 94-O-135 § 1, 1994; Ord. 96-O-106 § 1, 1996; Ord. 97-O-103 § 2, 1997; Ord. O-2002-12, 2002; Ord. O-2011-07 § 6, 2011; Ord. O-2016-02 § 6, 2016)

Outdoor sales areas shall be permitted within the district on a permanent basis only if at initial construction the structure(s) was originally and specifically designed to accommodate a designated outdoor sales area. Items sold in the sales area shall be clearly related to the primary commercial use.

(Ord. 92-O-123 § 9, 1992)

Maximum allowable height in the “C-1” district shall be thirty-five (35) feet, except when located adjacent to properties zoned R-A or R-1, where the maximum height shall be thirty (30) feet, however, a thirty-five (35) foot maximum height shall be permitted when two (2) feet of additional setback is provided for every one (1) foot of additional height.

(Prior code § 25-88; Ord. 454 §§ 1, 7, 1967; Ord. 83-O-117 § 1, 1983; Ord. 87-O-102, 1987)

• (a) Front Yard. A minimum distance of fifteen (15) feet, fully landscaped, and with no encroachment except for driveways.

• (b) Side and Rear Yards. Side and rear yards are required only along a property line adjacent to a residential district or a public right-of-way. The required yard shall be a minimum of ten (10) feet adjacent to a residential district and fifteen (15) feet adjacent to a public right-of-way, except that a greater setback distance shall be required pursuant to Section 23.33.050 . All of the required yard area shall be landscaped and maintained as a condition of the use.

(Prior code § 25-89; Ord. 83-O-117 § 1, 1983; Ord. 87-O-130, 1987)

The provisions of Chapter 23.78 shall apply in determining the number of parking spaces required for each use.

(Prior code § 25-89; Ord. 83-O-117 § 1, 1983)

The provisions of Chapter 23.90 shall apply to signs in the “C-1” zone. (Prior code § 25-89; Ord. 83-O-117 § 1, 1983)

All new construction, alterations and additions to existing buildings or expansion of uses requiring a use permit shall be subject to the provisions of Chapter 23.75 and/or Chapter 23.87 . In addition, the following minimum development standards shall apply.

• (1) All exterior mechanical and electrical equipment and roof appurtenances shall be screened. The screen shall be designed as an integral part of the building.

• (2) The site and facility shall be kept clear of litter, trash and debris. Trash enclosures shall be provided per city standards and suitably maintained.

• (3) Parking areas shall remain visibly striped, free from encroachment by other uses and readily accessible.

• (4) Landscaping shall be used to enhance the design and appearance of all uses. Landscaping shall be installed in all areas not devoted to buildings, parking, traffic and specific user requirements. All landscaping shall be maintained in good condition for as long as the use continues.

(Prior code § 25-90; Ord. 83-O-117 § 1, 1983)