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Atwater City Zoning Code

CHAPTER 17

43 - D-BD, DOWNTOWN BUSINESS DISTRICT

17.43.010 - Purpose and intent.

The Downtown Business District is intended to provide a mix of public and private uses designated to create a downtown shopping experience and pedestrian friendly environment. Emphasis on a mix of small-scale commercial and retail businesses and locally oriented professional and personal services are encouraged. Other supported businesses are to include mixed or multiple use developments, higher density loft type housing units, and civic and governmental offices. High quality design and signage requirements are key features to this district.

(Ord. CS 1017, § 2, 10-14-2019)

17.43.020 - Principal permitted uses.

A.

Retail establishments;

B.

Banking and financial institutions;

C.

Business, professional and medical offices;

D.

Personal service establishments;

E.

Existing residential uses;

F.

Restaurants and cafes;

G.

Uses not listed above, but found to be compatible with the above;

H.

A Certified Farmers Market shall not be subject to the issuance of a Conditional Use Permit however shall require the approval of the planning commission for any closure of streets or public parking areas.

(Ord. CS 1017, § 2, 10-14-2019)

17.43.030 - Uses requiring a conditional use permit.

A.

Theaters;

B.

Hotels and motels;

C.

Sidewalk cafes and other uses not totally contained within an enclosed building;

D.

Cocktail lounges, bars, restaurants, and other businesses that would require an alcohol license will require a Conditional Use Permit;

E.

Dwelling units above the ground floor that contain other commercial uses at the street level;

F.

Existing residential dwellings may be reconstructed, repaired or enlarged;

G.

Any other uses that the Planning Commission finds to be consistent with the purpose of this district, and which will not impair the present and potential use of nearby properties.

H.

Automotive repair facilities located east of First Street.

I.

Gas stations located east of First Street.

J.

Brewers and distilleries.

K.

Mobile food vendors as defined in Section 17.06.536.

(Ord. CS 1017, § 2, 10-14-2019; Ord. CS 1051, § 1, 10-24-2022)

17.43.035 - Prohibited uses.

A.

Warehouses;

B.

Automotive repair located on Broadway Avenue west of First Street;

C.

Gas stations located on Broadway Avenue west of First Street;

D.

Other uses that are found to be non-consistent with the purpose and intent of this district or that by their operation may pose a risk in the generation of offensive or objectionable dust, gas, smoke, noise, fumes, odors, vibrations or other matters that could at the determination of the Planning Commission be considered a nuisance.

(Ord. CS 1017, § 2, 10-14-2019)

17.43.040 - Development standards.

No new lots shall be created smaller than 7,500 square feet, and all new development shall comply with the following minimum requirements:

A.

Setbacks: none, except as specified in Section 17.34.060;

B.

Landscaping shall comply with City landscape standards;

(Ord. CS 1017, § 2, 10-14-2019)

17.43.050 - Site plan and design review.

A.

All projects within the Downtown Business District Zone must comply with provisions of the Commercial and Industrial Design Guidelines and as amended;

B.

All proposed construction and remodeling including tenant improvements above $500.00 in value shall require site plan approval and design review for conformance with the Commercial and Industrial Design Guidelines as amended by the Planning Department.

C.

All signs shall be subject to separate application and review as provided for in Section 17.69 of the Atwater Municipal Code and the above referenced Design Guidelines.

(Ord. CS 1017, § 2, 10-14-2019; Ord. CS 1059, § 1, 3-27-2023)

17.43.060 - Parking requirements for commercial uses.

A.

To promote multi-modal transportation, commercial-grade bicycle racks shall be installed in the parking lot as close to the business as possible in a manner that does not obstruct public right-of-way, entry of a facility, or restrict the ability for emergency services to respond and provide assistance. The parking requirements outlined below will be subject to Section 17.74.070 of the Atwater Municipal Code and the State of California Building Code Title 24 ADA parking requirements.

B.

Parking requirements in the Downtown Business District Zone shall be as follows:

1.

Retail stores, personal services, professional and business offices, banks and post offices: one space for each 500 square feet of floor area. However, uses which do not generate significant traffic, including but not limited to furniture stores, may convert part of the required parking into landscaping at the discretion of the Planning Commission; this landscaped area is to be converted to parking if the need arises, or the land use changes.

2.

Restaurants: For cafes, restaurants and other businesses in the sale and consumption of food or beverages, one space for each three seats or one space per 35 square feet of floor area, whichever is greater.

3.

Hotels and motels: One space per room and one space for each employee.

4.

Mobile food vendor:

a.

If the mobile food vendor shares a site with an established use, any parking spaces occupied by patrons of the mobile food vendor shall not be counted against the established use's parking requirements. If the established use notifies the City that parking has become an issue for its own patrons as a result of the mobile food vendor's operations, the Planning Commission shall hold a hearing to determine whether to revoke or modify the mobile food vendor's conditional use permit.

b.

Side Street parking will be considered when assessing the availability of parking for mobile food Vendors in the Downtown Business District.

(Ord. CS 1065, § 1(Exh. A), 8-14-2023)