The C-H commercial-highway zone is intended to accommodate general
commercial, office and other highway-oriented businesses and transportation-related
service facilities which serve city-wide and transportation corridor-related
needs.
(Ord. 37 § 246.1, 1961; Ord. 260 § 2, 1969; Ord. 785 § 4, 1983)
A. Generally. Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following uses, plus such other uses as the director of community development determines to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings set forth in Section
18.192.040 of this title. The determination of the director may be appealed to the development plan review board and, thereafter, the city council pursuant to Chapter
18.212 of this title. All uses shall be subject to the property development standards in Section
18.92.050. All uses and storage shall be conducted within a totally enclosed building with the exception of nursery stock, automobile display, commercial recreational facilities and those uses permitted by conditional use permit.
B. Specifically.
1. Those
permitted uses in the A-P and C-N zones.
2. Retail
businesses other than automobile, boat and recreational vehicle sales
and services.
3. Restaurants,
provided that they not contain drive-in or drive-through service.
Restaurants may have a cocktail lounge and/or dancing provided that
such cocktail lounge and/or dancing is secondary and incidental to
the restaurant use.
4. Fortunetelling,
including similar operations which practice the business of, or art
of, fortunetelling in exchange for a fee, reward, donation, loan or
receipt of anything of value by means of any occult or psychic power,
faculty or force, clairvoyance, mediumship, seership, prophecy, astrology,
palmistry, necromancy, mind reading, telepathy or other practice.
Fortunetelling does not include forecasting based on historical trends
or patterns, an analysis of contemporary events, nor any of the previously
listed arts when presented in an assembly of people who purchase tickets
or meals in exchange for the presentation at a site licensed for entertainment
land uses.
5. Accessory
billiard use, up to a maximum of four tables, which is secondary and
incidental to a use permitted or permitted with a conditional use
permit, in this zone which is also defined by Section 10.08.007 of
this title.
6. Accessory
massage permitted with the following primary businesses: barbershop,
beauty shop, athletic club, day spa, medical doctor's office and similar
uses.
(Ord. 37 § 246.2, 1961; Ord. 260 § 2, 1969; Ord. 785 § 4, 1983; Ord. 847 § 1, 1986; Ord.
1072 § 2, 1997; Ord. 1185 § 4, 2008)
The following uses shall be permitted subject to a conditional use permit pursuant to Chapter
18.200:
A. Those
uses listed as conditional uses in the A-P zone; and
B. Automobile,
boat and recreational equipment and vehicle sales and service uses;
D. Indoor
and outdoor recreation facilities;
G. Outdoor
commercial uses, including retail plant nurseries and retail lumber
yards;
H. Drive-through
convenience markets;
J. Gasoline
and/or diesel service stations;
K. Veterinary
service facilities;
L. Accessory
game arcade consisting of seven or more machines within an indoor
recreation facility;
M. On-sale
alcoholic beverages, provided that such use is a secondary and incidental
use to a permitted use in this zone;
N. On-site
brewing and service of beer produced on the premises, provided that
such use is secondary and incidental to a restaurant. The brewing
component shall be limited to a maximum production of five thousand
barrels per year unless an increased production volume is granted
by the planning commission to support the commercial business after
finding that the production volume and operations are compatible with
the subject site and its surroundings during review of the conditional
use permit;
O. Off-sale
alcoholic beverages;
P. Outdoor sale, storage or display of merchandise and/or provision of services, provided that any such use is directly related to a permitted use within any building or structure on the same lot or parcel, except for temporary outdoor uses which are permitted in accordance with Chapter
18.196, Temporary Uses;
Q. Athletic
clubs and performing arts studios;
(Ord. 37 § 246.3, 1961; Ord. 260 § 2, 1969; Ord. 785 § 4, 1983; Ord. 911 § 6 (A), 1990; Ord. 1097 § 3, 1999; Ord. 1185 § 5, 2008; Ord. 1233 § 1, 2015)
The following uses are prohibited in the commercial-highway
zone:
D. Billboards
and other similar off-site outdoor advertising structures;
E. Game
arcades other than accessory game arcades specifically authorized
in this chapter;
F. Other uses which are inconsistent with the intent and provisions of the zone, as determined by the director of community development, in accordance with Section
18.192.040. The determination of the director of community development may be appealed to the development plan review board and thereafter the city council in accordance with Chapter
18.212 of this title.
(Ord. 37 § 246.3, 1961; Ord. 260 § 2, 1969; Ord. 785 § 4, 1983; Ord. 911 § 6 (B), 1990; Ord. 1083 § 5, 1997)
The following development standards are established to maintain
safe, efficient traffic circulation and to insure high standards of
architecture and site planning which will enhance the visual quality
of major thoroughfares as a pleasant reflection on the entire community.
The following standards shall apply to all development in the C-H
zone:
A. Lot
Area. Each lot shall have a minimum area of nine thousand square feet.
B. Lot
Dimensions. Each lot shall have a minimum width of sixty feet and
a minimum depth of one hundred fifty feet.
C. Building
Height.
1. No
building or structure erected in this zone shall have a height greater
than thirty feet, except by conditional use permit.
2. Exceptions.
a. Penthouses or roof structures for the housing or elevators, stairways,
tanks, ventilating fans or similar equipment required to operate and
maintain the building, and fire or parapet walls, skylights, towers,
church steeples, flagpoles, chimneys and other similar structures
may be erected to the height limits prescribed in this subsection.
b. Air conditioning units, electrical switch gear and panels, compressors
and similar mechanical and electrical equipment shall be enclosed
within an enclosure compatible with the appearance of adjacent structures.
D. Yards.
Yards shall be measured perpendicular to the property line.
1. When
the C-H zone fronts, sides or rears on a street, there shall be a
yard abutting the street of not less than ten feet, provided, however,
as to properties zoned C-H which front or side on Arrow Highway, there
shall be a yard abutting said highway of not less than twenty-five
feet. The required yard shall be landscaped and maintained; a complete
sprinkler system shall be provided.
2. When
the C-H zone abuts a residential zone, there shall be a yard of not
less than ten feet. The required yard shall be landscaped and maintained
to provide a dense buffer zone; a complete sprinkler system shall
be provided.
E. Walls.
1. Required
Walls. Masonry walls shall be erected on the zone boundary line between
the C-H and R zones. Walls shall be not less than five nor more than
six feet in height and shall be reduced to forty-two inches in any
required yard abutting a street.
2. Permitted
Walls.
a. Walls not greater than six feet in height shall be permitted on or
within all property lines not abutting streets and on or to the rear
of all yard setback lines of yards abutting streets.
b. Walls not over forty-two inches in height shall be permitted in required
yards abutting streets.
F. Off-Street Parking. The provisions of Chapter
18.156 shall apply.
1. Access.
There shall be adequate vehicular access to off-street parking facilities
from a dedicated and improved street, service road or alley. The design
of the access shall conform to all standards and specifications of
the city.
G. Signs. The provisions of Chapter
18.152 shall apply.
H. Utilities.
All utilities provided for new as well as existing uses and buildings
shall be installed underground unless otherwise provided for in the
precise site plan approval.
I. Trash
Storage. A trash storage area with a minimum inside clear area measuring
eight feet by ten feet enclosed by solid masonry walls and a solid
gate a minimum of five feet in height shall be provided.
J. Landscaping.
Landscaping where required by this title shall be installed pursuant
to an approved landscaping plan. The landscaping shall be maintained
by a complete sprinkler system and kept weed and disease free.
K. Use
of Residential Buildings. No structure originally designed as a residence
shall be used for any business, professional or office use. Exceptions
may be granted to this restriction by the planning commission for
buildings possessing unique historical or architectural value.
(Ord. 37 § 246.4, 1961; Ord. 260 § 2, 1969; Ord. 304 § 1, 1970; Ord. 785 § 4, 1983; Ord.
1110 § 3, 1999)
Before any building or structure is erected on any lot or parcel in this zone, a site plan shall have been submitted to and approved by the review board pursuant to the provisions of Chapter
18.12.
(Ord. 37 § 246.5, 1961; Ord. 260 § 2, 1969)
The purpose of this section is to promote residential amenities
beyond those expected in a conventional development, to achieve greater
flexibility in design, and to encourage well-planned neighborhoods
through creative and imaginative planning as a unit. This section
permits flexibility in site design and variety in development. This
section shall apply to subdivisions only.
A. Planning Commission Review. Where the planning commission finds that the design quality, efficiency of land use and residential character of the development or the neighborhood is enhanced, well integrated and properly oriented, the commission may modify the development standards set forth in Section
18.92.050.
B. Application
for Modification.
1. The
developer or property owner shall request, in writing, the desired
modifications: Such request shall:
a. State reasons for the request and show how the purposes of Section
18.92.050 are fulfilled;
b. Include development plans, elevations and renderings;
c. Provide such other data, plans and evidence as the commission may
deem necessary to reach a determination.
2. A
filing fee of fifty dollars shall be paid at the time the request
is submitted.
C. Notification
to City Council. In every instance where the planning commission has
approved a modification of development standards, the city council
shall be so advised in writing.
(Ord. 37 § 246.7, 1961; Ord. 260 § 2, 1969; Ord. 425 § 5, 1973)