Note: Editor's Note: The ordinances from which this chapter is derived also include Ordinances 186, 303, 307, 323, 358, 397, 460, 549 and 645.
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;
C. 
Ambulance services;
D. 
Indoor and outdoor recreation facilities;
E. 
Car washes;
F. 
Hotels and motels;
G. 
Outdoor commercial uses, including retail plant nurseries and retail lumber yards;
H. 
Drive-through convenience markets;
I. 
Wholesale businesses;
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;
R. 
Thrift stores.
(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:
A. 
Residential uses;
B. 
Gambling facilities;
C. 
Industrial uses;
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)