The business attraction and expansion (BAE) district was created to establish and preserve areas for a mixture of light industrial and commercial land uses so that the allowed uses do not create serious compatibility problems with other kinds of land uses. This zone district makes provisions for certain kinds of light industrial and commercial uses such as business parks, educational parks, and wholesale businesses. This zone district makes the BAE land use category consistent with the city’s general plan. (Ord. 539 Att A, 2024; Ord. 461 §1 (part), 2014)

Permitted uses in the BAE district are subject to either an administrative site plan review pursuant to Chapter 17.73 or a site development permit pursuant to Chapter 17.74 unless otherwise exempted pursuant to those chapters. Permitted uses include:

A.    Retail sales and/or services, indoors unless otherwise specified in Section 17.37.040;

B.    In conjunction with a structure, outdoor display for sales of products totaling a square footage of twenty percent or less of the primary structures’ gross floor area. Outdoor display and sales areas shall be directly related to the business occupying the primary structure and comply with all provisions of Section 17.37.060, Outdoor display and sales;

C.    Professional offices;

D.    Restaurants, banquet halls, delis, fast food, take-out;

E.    Outdoor dining in conjunction with a restaurant when proposed in conjunction with the restaurant. Alcohol service is subject to Section 17.37.030;

F.    Health clubs, recreational facilities indoors;

G.    Hotels, motels, inns, bed and breakfasts, vacation rentals;

H.    Theaters, indoors;

I.    Private clubs, lodges, social clubs, cultural centers;

J.    Medical clinics;

K.    Animal hospital, indoors;

L.    Kennels, animal spa, groomers indoors--ten animals or less;

M.    Plant nurseries (wholesale or retail);

N.    Certified farmer’s market, community gardens;

O.    Self-service laundry;

P.    Exterminator services, without on-site storage of chemicals;

Q.    Schools, churches, libraries, museums, art galleries, tourist information facilities;

R.    Public services and facilities including police stations, fire stations, administration, public parks;

S.    Minor public facilities and infrastructure (e.g., water distribution, wastewater distribution, drainage facilities, lighting, light transit facilities);

T.    Recycling facilities, small (five hundred square feet or less);

U.    TV, radio, broadcast studios without towers;

V.    Nonresidential rooftop solar energy systems (accessory use for private/single building). See also Chapter 15.28;

W.    Manager’s quarters accessory to a permitted use;

X.    Accessory uses and structures appurtenant to permitted uses. (Ord. 539 Att A, 2024; Ord. 461 §1 (part), 2014)

In the BAE district, the following uses are subject to the issuance of an administrative conditional use permit in accordance with Section 17.78.027:

A.    Sale of alcoholic beverages with food;

B.    Sale of alcoholic beverages requiring an ABC license or change in the type of ABC license other than a change in ownership of an existing license;

C.    Salons (e.g., nail, hair) and spas;

D.    Child day care centers. (Ord. 539 Att A, 2024)

In the BAE district, the following uses are subject to the issuance of a conditional use permit in accordance with Chapter 17.78:

A.    Light manufacturing indoors, including retail sales of products produced on site. Light manufacturing uses shall not produce noise, odor, dust, smoke, vibration or similar that may adversely impact neighboring land uses unless design features are incorporated to reduce potential impacts on neighboring land uses;

B.    In conjunction with a structure, outdoor display for sale of products exceeding twenty percent of the primary structures’ gross floor area. Outdoor display and sales areas shall be directly related to the business occupying the primary structure and complying with Section 17.37.060;

C.    Winery or brewery including on-site production and retail sales;

D.    Recreation facility, outdoor; campgrounds, recreational vehicle parks, outdoor theaters;

E.    Distribution facilities, including package delivery services (e.g., UPS, FedEx, DHL);

F.    Equipment rental yards subject to Sections 17.37.060 and 17.37.070;

G.    Warehousing, wholesaling;

H.    Self-storage;

I.    Depot (bus, freight);

J.    Gas stations including those with automobile service and repair;

K.    Repair services not in conjunction with a gas station including auto or equipment repair;

L.    Public corporation yard;

M.    Contracting yard in compliance with Section 17.37.070 (with equipment and materials yard);

N.    Hospital;

O.    Ambulance service, taxi service;

P.    Animal hospitals outdoors;

Q.    Kennels, animal spa, groomers--more than ten animals;

R.    Feed store including animals and fowl in conjunction with a feed store;

S.    Car washes;

T.    Flea markets, auction yard;

U.    Broadcast studios (radio or television) with towers; telecommunications, internet facilities with towers;

V.    Funeral home, cemetery, mausoleum;

W.    Recycling facility, large (more than five hundred square feet);

X.    Research or testing labs;

Y.    Nonresidential freestanding solar energy systems (accessory use, private single building);

Z.    Multifamily--duplex, triplex, fourplex apartments;

AA.    Mixed use residential/commercial;

BB.    Tavern, nightclub, bar and/or cocktail lounge;

CC.    Smoke shop;

DD.    Firearms, weapons, ammunition sales;

EE.    Emergency use heliport. (Ord. 539 Att A, 2024; Ord. 461 §1 (part), 2014)

A.    Minimum lot area for new lots: ten thousand square feet.

B.    Building coverage: fifty percent.

C.    Maximum building height: fifty feet; over fifty feet requires planning commission approval.

D.    Lot width: seventy feet minimum.

E.    Lot depth: one hundred feet minimum.

F.    Minimum building setbacks:

1.    Front: five feet.

2.    Side: five feet.

3.    Exterior side of a corner lot: twenty feet.

4.    Rear:

a.    Principal building: twenty feet.

b.    Accessory building: five feet.

c.    Between buildings: ten feet.

G.    Minimum landscaping: twenty percent.

H.    Impervious surface: sixty-five percent; up to seventy-five percent with planning commission review.

I.    Vision clearance: thirty-five feet. (Ord. 539 Att A, 2024; Ord. 461 §1 (part), 2014. Formerly 17.37.070)

The permanent outdoor displays/sales of merchandise shall comply with applicable permits and the following standards:

A.    Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of fifteen feet above finished grade;

B.    Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. Displays shall not obstruct traffic sight areas or otherwise create hazards for vehicles and/or pedestrian traffic;

C.    Relationship to Main Use. The outdoor display and sales areas shall be directly related to a business occupying a primary structure on the subject parcel;

D.    Screening Required. Outdoor sales and activity areas shall be screened from the adjacent public right-of-way by decorative walls, fences, and/or landscaping. This requirement shall not apply to:

1.    Plant nurseries;

2.    Vehicle, boat, motorcycle, or recreational vehicle sales;

3.    Outdoor displays of tires for sale shall be permitted provided the display fixture does not exceed forty-two inches in height and is no more than a total of forty linear feet in length;

E.    Signs. Additional signs, beyond those normally allowed for the subject use, shall not be allowed as a result of the outdoor display and sales area;

F.    Operating Hours. The hours of operation shall be restricted to eight a.m. to ten p.m., if within three hundred feet of a residential zoning district, or as identified in a permit;

G.    Waste Collection and Disposal. Solid, hazardous, and toxic waste collection, recycling, and/or disposal plan shall be provided;

H.    Other Conditions. Any other conditions that would ensure that the proposed use will be operated in an orderly and efficient manner shall be required. (Ord. 539 Att A, 2024; Ord. 461 §1 (part), 2014. Formerly 17.37.090)

The purpose of the regulations and standards in this section is to provide consistent screening and surfacing standards for outdoor storage within the commercial and industrial uses of the BAE zones where outdoor storage is permitted.

When outdoor storage is provided for in this district, it shall conform to the following:

A.    Screening.

1.    Outdoor storage areas in the BAE zone shall not be visible from any public street or state highway with the exception of an elevated street or highway (e.g., State Highway 4 east of the State Highway 4 and 49 intersection), existing or planned residential area, publicly accessible open space area, parking area, access driveway, or other similar thoroughfare.

2.    The following minimum screening requirements shall apply to all BAE projects, outdoor storage areas in the district:

a.    Screening walls and/or fences shall be architecturally compatible with the main structure, and may not have barbed wire or razor wire visible from any street or public access.

b.    No screening wall or fence shall be located within a required landscape area along the street frontage.

c.    No storage may exceed the height of the screening wall or fence. Walls and fences shall not exceed fifteen feet in height.

B.    Surfacing.

1.    Outdoor storage areas shall be surfaced with a minimum thickness of two inches of asphalt concrete (Type A) over ninety-five percent relative compaction of native soil or a minimum thickness of six inches of Class B concrete. Such surfacing shall be permanently maintained free of structural defects. A conditional use permit may be granted to allow outdoor storage on unimproved surface.

2.    A conditional use permit may be granted to allow outdoor storage of goods and materials on an unimproved surface if the following findings can be made:

a.    The surfacing type is appropriate to the type of products displayed.

b.    Proposed surfacing will conform to all performance standards and all applicable federal and state air quality standards.

c.    There will be no storage of vehicles or any type of equipment that uses any type of fuel.

d.    There will be no storage of hazardous materials.

3.    Upon approval of a conditional use permit, alternative surfacing appropriate to the product displayed shall be graded and drained to dispose of all surface water accumulated within the area to a public storm drain.

C.    Lighting. Any lighting used to illuminate an outdoor storage area shall be directed and shielded downward and shall not illuminate adjacent residential areas or visually distract drivers.

D.    Vacant Lots. No vehicles may be stored or displayed for sale on any vacant lot or at any vacant business location. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction. No outdoor storage shall occur on any vacant parcel unless the vacant parcel is contiguous and complies with subsections A through C of this section. (Ord. 539 Att A, 2024; Ord. 461 §1 (part), 2014. Formerly 17.37.080)

Ord. 461 adds this chapter as Chapter 17.36. It has been editorially renumbered to avoid duplication of numbering.