A.
Applicability.
This section sets forth use regulations for the following zones: C-1,
C-3, C-M, C and O, P/O, M-1, and M-2. The uses for other zones listed
in this title, including, but not limited to: residential zones, specific
plan areas, planned unit developments and other special purpose zones
are regulated by their corresponding code sections.
B.
Use Categories. In order to regulate uses, categories of uses have been established and are defined in Section 17.01.060. Use categories provide a systematic basis for assigning land uses to appropriate categories with other similar uses. Use categories classify land uses and activities based on common functional, product or physical characteristics. Characteristics include the type and amount of activity, the hours of operation, the type of customers or residents, how goods or services are sold or delivered, and potential impact on surrounding properties and site conditions. Where a use category contains a list of included uses, the list is to be considered as examples of uses, and is not intended to be all-inclusive.
D.
Uses Not Specifically Listed. A use not specifically listed is prohibited unless the Director determines the use to be part of a use category as defined in Section 17.01.060.
E.
Land
Use Matrix Legend. The land use matrix identifies uses permitted in
C-1, C-3, C-M, C and O, P/O, M-1, and M-2 zones. The following defines
the abbreviations used in the land use matrix:
1.
Permitted
Use (P) indicates that the use is permitted by right.
2.
Conditional Use (C) indicates that the use is conditionally permitted and is subject to the review and approval of a Conditional Use Permit pursuant to Section 17.02.210.
3.
Director Approval (D) indicates that the use is subject to an administrative approval pursuant to Section 17.02.203.
4.
Use
Not Permitted (—) indicates that the use is not permitted in
a specified zone.
5.
Asterisk
(*) indicates that the use may be permitted or conditionally permitted,
but additional requirements or limitations may apply as noted in the
reference column of the land use matrix.
6.
Square
feet (SF) indicates a unit of area to a square one foot long on each
side.
(Prior code § 27-22.1; Ord. 20-1720 § 2; Ord. 21-1722 § 2)
A.
Commercial
Uses.
1.
C-1
Zone. Every use permitted or maintained in a C-1 zone shall be subject
to the following conditions and limitations, notwithstanding any inconsistent
provisions of this title or of any permit or official plan issued
or adopted hereunder.
a.
All uses shall be conducted wholly within a building, except:
i.
Plant nurseries;
ii.
Outdoor uses permitted by conditional use permit as provided by Section
17.06.010(B);
iii.
Commercial parking lots; and
iv.
Uses incidental to a use conducted primarily within a building located
on the premises; provided that such incidental uses are not conducted
in whole or in part on sidewalks, public ways or within any required
front or rear yard; and provided, further, that such incidental uses
are of a type which cannot be economically or practically conducted
within buildings, such as outdoor displays and storage. Where incidental
uses are not conducted within a building, no part of the area devoted
to the incidental use shall be considered as part of the required
parking facilities for the purpose of determining compliance with
subsections of this section. All outdoor storage shall be substantially
screened from public visibility, public streets, parks or other public
places, and properties in the C and O zone or any residential zone,
as provided in Section 17.07.020(B).
b.
No merchandise shall be sold other than at retail. Sale of repossessed
merchandise or secondhand merchandise taken in by the seller as a
trade-in on new merchandise is permissible, provided that such sales
are conducted on the premises where such merchandise was originally
sold, or any successor locations.
2.
C-3
Zone. Every use permitted or maintained in a C-3 zone shall be subject
to the following conditions and limitations, notwithstanding any inconsistent
provision of this title or of any permit or official plan issued or
adopted hereunder.
a.
Building Height. Maximum structural height is 75 feet.
b.
Open storage of materials and equipment, and principal open work
areas, are permitted only when such storage or work areas are substantially
screened from public visibility, public streets, parks and other public
places, and properties in the C and O zone or any residential zone
as provided in Section 17.07.020(B). For the purposes of this chapter,
principal open work areas shall include all work areas which are not
located wholly within a building enclosed on at least three sides,
and which comprise other than a minor or secondary portion of the
total area devoted to work activity or involve use of machinery other
than hand tools.
3.
C-M
Zone. Every use permitted or maintained in a C-M zone shall be subject
to the following conditions and limitations, notwithstanding any inconsistent
provisions of this title or of any permit or official plan issued
or adopted hereunder.
a.
Open storage of materials and equipment, and principal open work
areas, are permitted only when such storage or work areas are substantially
screened from public visibility, public streets, parks and other public
places, and properties in the C and O zone or any residential zone
as provided in Section 17.07.020(B). For the purposes of this article,
principal open work areas shall include all work areas which are not
located wholly within a building enclosed on at least three sides,
and comprise other than a minor or secondary proportion of the total
area devoted to work activity, or involve the use of machinery other
than hand tools. It is the intent that all work be done primarily
within a building except incidental work.
4.
C
and O Zone. Every use permitted or maintained in the C and O zone
shall be subject to the following conditions and limitations, notwithstanding
any inconsistent provisions of this article or of any permit or official
plan issued or adopted hereunder:
a.
All uses shall be conducted wholly within a building, except for
parking facilities.
5.
P/O
Zone. Every use permitted or maintained in the P/O zone shall be subject
to the following conditions and limitations, notwithstanding any inconsistent
provisions of this article or of any permit or official plan issued
or adopted hereunder.
a.
All uses shall be conducted wholly within a building, except for
parking facilities or other outdoor uses as approved by a Conditional
Use Permit, pursuant to Section 17.06.360(E).
b.
Signs for this article are regulated by Chapter 17.03, Article III. Regulations for this zone are intended to restrict signs to few in number, small in size, set back from the public right-of-way, use of low intensity lighting, primary use of earth colors, simple in design, use of quality materials, and primarily for building rather than tenant identification.
B.
Manufacturing
Uses. M-1 and M-2 Zone. Every use permitted or maintained in an M-1
zone shall be subject to the following conditions and limitations,
notwithstanding any inconsistent provisions of this title or of any
permit or official plan issued or adopted hereunder:
1.
No
use shall be conducted so as to permit more noise, odor, dust, mud,
smoke, fumes, or vibration to escape from the premises than is reasonably
required in the conduct of such use.
2.
Open
storage of materials and equipment, and open work areas, are permitted
only when such storage or work areas are substantially screened from
public visibility (excepting driveways) from public streets, parks,
and other public places, from residential or commercial zones of any
kind and from permitted ground floor residential uses, by either permanent
buildings or by a solid masonry wall not less than six feet in height,
except as hereinafter provided; and are maintained as hereinafter
provided:
a.
For the purpose of this section, the term "public visibility" is
generally defined as visibility by any persons of storage or work
areas within 100 feet of a property line abutting upon a public street,
alley, park or other place, or upon residential or commercial zones
of any kind, or upon a lot occupied by a permitted ground floor residential
use, but may also include clear visibility of such areas, wherever
located, if such view has a substantial tendency to depreciate property
values in the vicinity;
b.
Such open storage within 50 feet of a wall which is required to screen
it from public visibility may not exceed its height if such wall is
required to screen such open storage from a residential zone, and
may not exceed the height of the screening wall if within 10 feet
of such wall in all other cases; and
c.
The screening requirements of this section may be satisfied by the use of other materials and techniques of screening, including landscaping, and the required distances and heights may be varied, if allowed by a conditional use permit applied for and granted as provided in Section 17.02.210, subject to the validity of such permit and to full compliance with each and every term and condition thereof.
C.
All commercial or industrial zoning abutting any residential zones
such as R-1, R-2, R-3, R-H, and R-4 must provide a five-foot setback
from the property line while maintaining a height limit of 35 feet.
For purposes of this section if any structure is to exceed 35
feet in height while abutting a residential property it is subject
to review and approval of a conditional use permit to adjust setbacks
to appropriately match the newly permitted height.
(Prior code § 27-12.2; Ord. 17-1690 § 1; Ord. 20-1720 § 2; Ord.
21-1722 § 2; Ord. 23-1744, 12/5/2023)
