Sections 17.22.120 through 17.22.128 shall be known as "PDO-3" (Nicolas/Winchester planned development overlay district).
(Development Code, 1995)
The Nicolas/Winchester planned development overlay district (PDO-3) is intended to provide regulations for the safe and efficient operation, and creative design of a unique commercial area within the city. The area is significantly constrained with easements, floodplains, potential fault zones, and adjacent residential development. This special overlay zoning district regulation is intended to permit a range of low impact business, office and commercial uses. Supplemental performance standards have also been provided to ensure compatibility with the adjacent neighborhoods and to protect adjoining uses from excessive noise, odor, smoke, toxic materials, and other potentially objectionable impacts. It is the intent of the city to use these special regulations to supplement the regulations of land uses and development already existing within the adopted development code.
(Development Code, 1995)
A. 
The list of permitted, conditionally permitted, and prohibited uses for the Nicolas/Winchester planned development overlay district is contained in Table 17.22.126.
B. 
Except as modified by the provisions of Section 17.22.128, the following rules and regulations shall apply to all planning applications in this area:
1. 
The development standards in the development code that would apply to any development within a business park zoning district that are in effect at the time an application is deemed complete.
2. 
The citywide design guidelines that are in effect at the time an application is deemed complete.
3. 
The approval requirements contained in the development code that are in effect at the time an application is deemed complete.
4. 
Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete.
(Development Code, 1995)
The list of permitted land uses for the Nicolas/Winchester planned development overlay district is contained in Table 17.22.126. Where indicated with a letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a "-", the use is prohibited within the zone. (Development Code, 1995)
Table 17.22.126 Schedule of Permitted Uses
Northwest Corner of Nicolas and Winchester Roads Planned Development Overlay District -3
Description of Use
PDO-3
A
 
Adult business
-
Aerobics/dance/gymnastics/jazzercise/martial arts studios (less than 5,000 sq. ft.)
C
Aerobics/dance/gymnastics/jazzercise/martial arts studios (greater than 5,000 sq. ft.)
-
Airports
-
Alcoholism or drug treatment facilities
-
Alcohol and drug treatment (outpatient)
-
Alcoholic beverage sales
-
Ambulance services
-
Animal hospital (indoor only)
-
Antique restoration
-
Antique sales
-
Apparel and accessory shops
-
Appliance sales and repairs (household and small appliances)
-
Arcades (pinball and video games)
-
Art supply stores
-
Auction houses
-
Auditoriums and conference facilities
-
Automobile dealers (new and used)
-
Automobile sales (brokerage)—showroom only (new and used)—no outdoor display
-
Automobile oil change/lube services with no major repairs
-
Automobile painting and body shop
-
Automobile repair services
-
Automobile rental
-
Automobile salvage yards/impound yards
-
Automobile service stations with or without an automated car wash
-
Automotive parts—sales
-
Automotive service stations selling beer and/or wine—with or without an automated car wash
-
B
 
Bakery goods distribution
-
Bakery retail
-
Bakery wholesale
-
Banks and financial institutions
P
Barber and beauty shops
P
Bed and breakfast
-
Bicycle (sales, rentals, services)
-
Billiard parlor/pool hall
-
Binding of books and similar publications
-
Blood bank
P
Blueprint and duplicating and copy services
P
Bookstores
-
Bowling alley
-
Building material sales
-
Butcher shop
-
C
 
Cabinet shop
-
Camera shop (sales/minor repairs)
-
Candy/confectionery sales
-
Car wash, full service
-
Carpet and rug cleaning
-
Catering services
-
Clothing sales
-
Coins, purchase and sales
-
Cold storage facilities
-
Communications and microwave installations
-
Communications equipment sales
P
Community care facilities
P
Computer sales and service
P
Congregate care housing for the elderly1
P
Construction equipment sales, service or rental
-
Contractor's equipment, sales, service or rental
-
Convenience market
-
Costume rentals
-
Crematoriums
-
Cutlery
-
D
 
Data processing equipment and systems
P
Day care centers
C
Delicatessen
P
Discount/department store
-
Distribution facility
-
Drug store/pharmacy
-
Dry cleaners
P
Dry cleaning plant
-
E
 
Educational institution
C
Emergency shelters
-
Equipment sales and rentals (no outdoor storage)
-
Equipment sales and rentals (outdoor storage)
-
F
 
Feed and grain sales
-
Financial, insurance, real estate offices
P
Fire and police stations
P
Floor covering sales
-
Florist shop
P
Food processing
-
Fortune telling, spiritualism, or similar activity
-
Freight terminals
-
Fuel storage and distribution
-
Funeral parlors, mortuary
-
Furniture sales
-
Furniture transfer and storage
-
G
 
Garden supplies and equipment sales and service
-
Gas distribution, meter and control station
-
General merchandise/retail store less than 10,000 sq. ft.
-
Glass and mirrors, retail sales
-
Governmental offices less than 5,000 sq. ft.
P
Grocery store, retail
-
Grocery store, wholesale
-
Guns and firearm sales
-
H
 
Hardware stores
-
Health and exercise clubs (less than 5,000 sq. ft.)
P
Health and exercise clubs (greater than 5,000 sq. ft.)
-
Health food store
-
Health care facility
P
Heliports
-
Hobby supply shop
-
Home and business maintenance service
-
Hospitals
-
Hotels/motels
-
I
 
Ice cream parlor
-
Impound yard
-
Interior decorating service
P
J
 
Junk or salvage yard
-
K
 
Kennel
-
L
 
Laboratories, film, medical, research or testing centers
-
Laundromat
-
Laundry service (commercial)
-
Libraries, museums and galleries (private)
P
Liquefied petroleum, sales and distribution
-
Liquor stores
-
Lithographic service
-
Locksmith
P
M
 
Machine shop
-
Machinery storage yard
-
Mail order businesses
-
Manufacturing of products similar to, but not limited to, the following:
 
Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, furniture, art objects, clothing, labor intensive manufacturing, assembling, and repair processes which do not involve frequent truck traffic.
-
Compounding of materials, processing, assembling, packaging, treatment or fabrication of materials and products which require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage, and warehousing within enclosed building, freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefined, raw or semirefined products requiring further processing or manufacturing, and outside storage.
-
Uses under 20,000 sq. ft. with no outside storage
-
Massage
-
Medical equipment sales/rental
P
Membership clubs, organizations, lodges
C
Mini-storage or mini-warehouse2
C
Mobile home sales and service
-
Motion picture studio
-
Motorcycle sales and service
-
Movie theaters
-
Musical and recording studio
-
N
 
Nightclubs/taverns/bars/dance club/teen club
-
Nurseries (retail)
-
Nursing homes/convalescent homes
P
O
 
Office equipment/supplies, sales/services
P
Offices, administrative or corporate headquarters with greater than 50,000 sq. ft.
P
Offices, professional services with less than 50,000 sq. ft., including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance
P
P
 
Paint and wallpaper stores
-
Parcel delivery services
-
Parking lots and parking structures
-
Pawnshop
-
Personal service shops
P
Pest control services
-
Pet grooming/pet shop
-
Photographic studio
P
Plumbing supply yard (enclosed or unenclosed)
-
Postal distribution
-
Postal services
P
Printing and publishing (newspapers, periodicals, books, etc.)
-
Private utility facilities (regulated by the Public Utilities Commission)
-
Q (Reserved)
 
R
 
Radio and broadcasting studios, offices
P
Radio/television transmitter
-
Recreational vehicle parks
-
Recreational vehicle sales
-
Recreational vehicle, trailer, and boat storage within an enclosed building
-
Recreational vehicle, trailer and boat storage-exterior yard
-
Recycling collection facilities
-
Recycling processing facilities
-
Religious institution, without a day care center or educational institution
C
Religious institution, with an educational institution
-
Religious institution, with a day care
-
Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business)
C
Residential, multiple-family housing
-
Restaurant, drive-in/fast food
-
Restaurants and other eating establishments
P
Restaurants with lounge or live entertainment
-
Retail support use (15% of total development square footage in BP and LI)
-
Rooming and boarding houses
-
S
 
Scale, public
-
Schools, trade or vocational
-
Scientific research and development offices and laboratories
P
Senior citizen housing (see also congregate care)3
P
Solid waste disposal facility
-
Sports and recreational facilities
-
Swap meet, entirely inside a permanent building
-
Swap meet, outdoor
-
Swimming pool supplies/equipment sales
-
T
 
Tailor shop
P
Taxi or limousine service
-
Tile sales
-
Tobacco shop
-
Tool and die casting
-
Transfer, moving and storage
-
Transportation terminals and stations
-
Truck rentals (no sales or service)
-
TV/VCR repair
-
U
 
Upholstery shop
-
V
 
Vending machine sales and service
-
W
 
Warehousing/distribution
-
Watch repair
-
Wedding chapels
-
Welding shop
-
Welding supply and service (enclosed)
-
X (Reserved)
 
Y (Reserved)
 
Z (Reserved)
 
Notes:
1.
See Section 17.06.040. Dwelling units per net acre, high density residential.
2.
See Section 17.080.050(R), special standards for self-storage or mini-warehouse facilities.
(Development Code, 1995; Ord. 08-11 §§ 24—29)
All development within PDO-3 shall also comply with the following supplemental buffering requirements: When adjacent to residential uses: a transitional landscaped area, not less than five feet in width shall be installed. The landscaping shall include (at a minimum) trees, shrubs, and appropriate ground cover and should be located outside of the walls used to screen these business, office and commercial uses.
(Development Code, 1995)