Chapter 18.36 — COMMERCIAL ZONES—GENERAL

• A. This is a general or master chapter which contains provisions pertaining to the development and/or maintenance of any lot or site intended for commercial use.

• B. Provisions and regulations common to all commercial zone classifications are consolidated and incorporated into the chapter in order to improve efficiencies in the administration of this title, and to reduce the bulk of same by the elimination of repetition and redundancy wherever possible.

• C. The provisions of this chapter shall apply for any commercial use irrespective of the zone in which located, except as otherwise specifically provided in the zoning chapter pertaining to such classification.

(Prior code § 9625.010)

The permitted primary uses and structures for the specific zone in which the use or structure is located shall apply.

(Prior code § 9625.020)

The following accessory structures and land uses may be permitted in any commercial zone only where clearly incidental to a permitted primary use, except as may otherwise be permitted herein.

• A. Fences, hedges and walls, in compliance with the regulations prescribed hereinafter and in Chapter 17.18, Site Development Standards-General;

• B. Signs, in compliance with the regulations prescribed hereinafter and in Chapter 17.15 , Sign Regulations.

(Prior code § 9625.030)

Temporary signs as provided in Chapter 17.15 and subject to compliance with all provisions thereof. (Prior code § 9625.040)

The following uses and structures may be permitted in any commercial zone subject to approval of a conditional use permit in compliance with provisions for same as set forth in Chapter 17.16 , Development Application and Review Procedures. The property development standards for the zone in which said use or structure is located shall apply, except as may otherwise be specifically provided for said use or structure. All conditional use permits require notice of public hearing.

• A. Agricultural uses interim to development, including farms or ranches for orchards, tree crops, field crops, truck gardening, berry and bush crops, and wholesale/retail plant nurseries on plots of not less than one acre;

• B. Churches, and uses incidental thereof, such as assembly, work rooms, living quarters of a minister or family, and daycare and educational facilities;

• C. Daycare centers and nursery facilities;

• D. Hospitals;

• E. Planned, integrated shopping centers developed as individual acreage and held in one ownership, having a gross area of not less than five acres, designed to provide five or more retail outlets;

• F. Public and private educational institutions which offer a full curriculum as required by state law (not including music, dancing or trade schools);

• G. Theatrical productions (within an entirely enclosed building);

• H. Public utility structures, buildings and service facilities;

• I. Governmental facilities, including, but not limited to, community centers owned and operated by a governmental agency, public libraries and museums, and public parks and playgrounds;

• J. Such other uses as the planning commission may deem to be similar, no more obnoxious and equally as essential to serve the public welfare.

• (Prior code § 9625.050)

The prohibited uses and structures for the specific zone in which the use or structure is located and the following shall apply:

• A. All residential uses and buildings, including mobilehome parks, but excluding caretaker's or watchmen's quarters, are a prohibited use in commercial zones;

• B. Industrial uses;

• C. Any combination of residential and nonresidential uses on any lot or in any structure;

• D. Outdoor storage unless visually screened to the satisfaction of the planning director;

• E. Outdoor merchandising unless approved by special event permit. (Prior code § 9625.060)

No building or structure shall be hereafter erected, located or enlarged on a lot unless such building structure or enlargement conforms with the provisions of Chapter 17.18, Site Development Standards—General, and the following additional provisions, excepting as may otherwise be provided in the standards of the specific zone in which such building or structure is to be located. (Prior code § 9625.100)

• A. Minimum Lot Area.

  1. The area as any commercially zoned lot shall be not less than the minimum requirements for the zone in which located.

  2. Lots of Record. Where a lot of record, as defined in Section 17.14.020 , has an area or width less than that required in the zone in which it is located, such lot may be occupied by the uses permitted hereinbefore subject to all other provisions of this chapter, as applicable.

• B. Minimum Lot Dimensions. The width and depth of any commercially zoned lot shall be not less than required for the zone in which located.

• C. Maximum Lot Coverage. Maximum lot coverage by all building and structures shall not exceed the maximum requirements for the zone in which located.

• (Prior code § 9625.102; Ord. 1788 § 2, 2005)

• A. Front, side and rear yards shall be provided for all lots in any commercial zone, the minimum depth and area of which shall be not less than as required for the zone in which such lot is located, excepting as otherwise provided in Section 18.36.100 , Special structural setbacks and yards—Exceptions.

• B. Any such required front or street side yard shall be open and unobstructed, from all mechanical equipment, air conditioning equipment, meters, and other encroachments from the ground to the sky; no yard or open space provided around any building for the purpose of complying with the provisions of this article shall be considered as providing a yard or open space for any other building; and no yard or open space on any adjoining property shall be considered as providing a yard or open space on a whereon a building is to be erected, except as provided hereinafter.

• C. Computation of Yards. In measuring any yard adjoining a street, it shall be the perpendicular distance between the street right-of-way line and a line through the corner or face of the building closest to and drawn parallel with the street, excluding any architectural features. If any future right-of-way line has been established by provisions of a specific ordinance or by the master plan, then the measurement of the yard shall be made from the future right-of-way line, or future property line so defined.

• D. Front Yard. Each lot shall have a front yard extending across the full width of the lot to both side property lines as provided in the zone in which such lot is located.

• E. Side Yards. Each lot shall have two side yards extending from the rear of the required front setback line to the front of the required rear yard setback line, as provided in the zone in which such lot is located.

• F. Rear Yard. Each lot shall have a rear yard extending across the full width of the lot to both side property lines as provided in the zone in which such lot is located.

• (Prior code § 9625.103)

Notwithstanding any other provisions of this title, exceptions to the setback and yard requirements of the zone in which any commercially zoned lot is located shall be required or may be permitted as provided in this section:

Schools and Public Facilities. No building in any commercial zone shall be hereafter erected, structurally altered or used for a school, church, institution or other similar use permitted either as a matter of right or under conditional use permit unless such buildings have a front yard not less than that prescribed by the zone in which said building is to be located, but in no case less than 20 feet from all other property lines. Required side and rear yards may be used for required off-street

parking, provided there is a six-foot-high masonry wall erected on the property line; provided, further, that any side and rear yard shall not be used for play purposes. The required front yard shall be landscaped with appropriate materials and shall be maintained. In addition, a 10-foot-wide landscaped area shall be provided as a buffer between schools, churches, or institutions and any residential and/or commercial use.

(Prior code § 9625.104)

For lots adjacent to any street, alley or driveway intersection, no building structure or other visual obstruction shall be located within the corner cut-off, as defined in Section 17.18.060(B), within the following cut-off areas:

• A. The intersection of any corner lot and any street;

• B. The intersection of any corner lot abutting on an alley where such alley intersects or intercepts a street;

• C. Intersections of driveways with streets or alleys.

(Prior code § 9625.105)

• A. Notwithstanding the setbacks and yard provisions of the zone in which located, projections may be permitted into required yards in compliance with the following limitations:

Fences, Hedges and Wall. Fences, hedges, and walls not to exceed six feet in height may be permitted on or within the rear or side property lines on any interior lot or any corner lot and to the rear of any required front setback or yard line, except as otherwise provided in this section.

• B. Exceptions to Height Provisions on Corner Lots. Excepting reverse corner lots, a six-foot-high fence, hedge or wall may be located on the side property lines on the street side of a corner lot.

• (Prior code § 9625.106)

Tennis courts or other game areas shall be allowed no closer than five feet from any side yard property line if the enclosure is fenced and no closer than five feet from any side yard property line without fencing. Tennis courts or other game areas shall be allowed no closer than three feet from any rear yard property line. A maximum 10-foot-high fence to enclose tennis courts or other game areas (as measured from the finished grade of the court) shall be allowed, no closer than five feet from any side or rear property line. Fences, if provided, shall be composed of wire mesh or steel mesh capable of admitting at least 90 percent of light as measured on a reputable light meter. In addition, a maximum of eight lights are permitted, provided that they do not exceed 22 feet in height, nor are they located closer than 10 feet to a side or rear property line. All lights and light fixtures shall be certified by a qualified lighting engineer to:

• A. Be designed, constructed, mounted and maintained such that the light source is cut off when viewed from any point above five feet measured outside of the lot at the lot line;

• B. Be designed, constructed, mounted and maintained such that the maximum illumination intensity measured at the wall of any residential building on abutting property shall not exceed

one-half foot candle above ambient levels;

• C. Be used only between 6:00 a.m. and 10:00 p.m. (Prior code § 9625.107)

Satellite dishes, meters and associated mechanical equipment are not permitted in any front yard or required street side yard; however, they may be mounted on any rooftop, provided they are visually screened to the satisfaction of the planning department. In addition, all such equipment shall be located no closer than five feet from any property line as measured from the outer edge of the satellite dish, meter or mechanical equipment to the nearest property line. All satellite dishes, meters and mechanical equipment shall be screened from all public views at ground level from adjacent public streets and residential areas to the satisfaction of the planning director. (Prior code § 9625.108)

• A. A solid masonry wall designed to building department specifications shall be constructed along the perimeter of all areas designated by the planning director to be dangerous to the health and safety of the public. Except as otherwise provided in the zone in which located, the wall shall be provided of a height and nature as provided in this section, in locations including, but not limited to, the following:

  1. Separation of Commercial Zones from Residential Zones. Where no building exists on a setback line established in this title, there shall be erected a solid masonry wall not less than six feet nor more than eight feet in height designed to building department specifications along the property lines or zone boundary lines to separate commercial zones and/ or use from abutting residential zones as follows:

     • a. Zone Boundary at Rear Lot Line. Where the zone boundary is at a rear lot line, which is not on a street, the wall shall be on that line.

     • b. Zone Boundary at Side Lot Line. Where the zone boundary is a side lot line, the wall shall parallel the side lot line, to be reduced to three feet in height in the area set forth as a required front yard for the abutting residential zone. The wall paralleling the front property line shall be set back from the property line not less than 10 feet and the space between the wall and the front property line is to be landscaped and maintained.

     • c. Zone Boundary Is a Street. Where the zone boundary is a street and where off-street parking, storage or loading is provided in the area between building and the front setback line in any commercial zone, the wall shall be set back from the front property line a distance of not less than 10 feet, and the space between the wall and the property line shall be landscaped and maintained.

     • d. Zone Boundary Is an Alley. Where the zone boundary is an alley, the wall shall be on the property line along the alley.

  2. Enclosure of Outdoor Storage Areas. A solid masonry wall not less than six feet nor more than seven feet in height shall be erected along the street frontages, along the zone boundaries between any commercial outdoor storage area and any residential zone, and around any trash enclosure. An eight-to nine-foot-high solid masonry wall shall be erected around all trash compactor areas. In addition to the above walls, there shall be a six-foothigh fence enclosing the storage yard on all its other property lines. Further, no items stored

in the required side or rear yard shall be stacked, piled or otherwise placed in such a manner as to be greater in height than the required masonry walls.

• B. Nothing in this section shall be deemed to set aside or reduce the requirements established for security fencing by either local, state or federal law, or by safety requirements of the board of education.

(Prior code § 9625.109)

• A. Computation of Height—Nonresidential Uses. The vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators; provided, however, that where buildings area set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.

• B. Maximum Structural Height. The maximum height of any building or structure in any commercial zone shall not exceed the maximum height regulations of the zone in which located, excepting as follows:

Penthouses or Roof Structures. Structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, silos, satellite antennas (if visually screened from public views from ground level), water tanks or wireless masts or similar structures may be erected above the height limits herein prescribed; provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances, but no penthouse or roof structures, or any space above the height limit shall be allowed for the purposes of providing additional floor space. (Prior code § 9625.110)

The required structural separations for the specific zone in which the structure is located shall apply. (Prior code § 9625.111)

The provisions of Chapter 17.22 , Vehicle Parking and Loading Requirements—General, shall apply. (Prior code § 9625.112)

The provisions in Chapter 17.15 , Sign Regulations, shall apply. (Prior code § 9625.120)

Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within a commercial zone, all building and site plans shall be subject to review and permits and shall be secured in compliance with all

provisions of Section 17.18.090, Development review and permits—General; provided, further, that the following provisions shall also apply:

• A. Site Plan Required for Improvements on Land. Prior to the issuance of a building permit for the construction of buildings or structures, and before any premises is used for a new purpose, a site plan shall be submitted to the planning commission or administration committee for their review and approval. The site plan shall indicate, but not be limited to, the following:

The general areas developed or to be developed for buildings or structures, automobile parking, and landscaping, and shall show the location of pedestrian and vehicular circulation and the points of ingress and egress, the location and height of masonry walls, the nature of protection for abutting uses from the glare of outdoor lighting fixtures, the provision to be made for spaces for loading (if required), the location, size and number of signs and permitted outdoor advertising, and adjustment, if any, to be made in relation to abutting land and uses and zones.

• B. Site Plan Required for Alterations or Additions to Improvements. A site plan shall be submitted and approved by the administrative committee or commission prior to the issuance of a building permit for any major alteration of or addition to any improvement; provided, further, the site plan shall be subject to the required showings prescribed in subsection A of this section.

• C. AP and CS Zones—Precise Plan Required for Total Development. In addition to the site plan requirements listed hereinabove, before a building permit shall be issued for any development in the AP and CS zones, a precise plan for the total development shall have been prepared, and shall have been approved by the administrative committee and/or planning commission. The plan shall have indicated thereon the following:

  1. Location of all buildings, structures and signs;

  2. Location of all off-street parking and loading facilities;

  3. Location of all entry and exit facilities;

  4. Location of all dedications for streets and highways required by the master plan, which street and highway dedications are required for handling the increased traffic generated by the proposed commercial development;

  5. Location of all walls and indication of their height and materials of construction;

  6. Indication of all lighting standards and devices;

  7. Location of all landscaping to be provided;

  8. The height and proposed use of the buildings and structures to be located on the site.

• D. Dedications and Improvements of Rights-of-Way. Before a building permit may be issued for the construction of any new building or structure, or the alteration or addition to any existing building or structure, before any premises is used for any new purpose, the chief building official shall make a determination that the proposed building, structure or use is in conformity with the approved site plan, and the city engineer shall make a determination that all of the dedications required in order to fulfill the plan have been made and that all street improvements, including underground utilities and sewers, required by the city engineer have either been constructed or that bonds or cash have been deposited with the city for the improvements.

• (Prior code § 9625.130)

Refer to the provisions, conditions, procedures, and required findings specified in Chapter 17.16 , Development Application and Review. (Prior code § 9625.140)

Refer to the provisions in Section 17.12.170, Penalties for violation of regulations—General. (Prior code § 9625.150)