A.

Commercial, office, and industrial zoning districts. This chapter provides regulations applicable to development and new land uses in the commercial, office, and industrial zoning districts established by Section 21.04.020, (Zoning districts established). The purpose of this chapter is to achieve the following:

1.

Provide convenient and appropriately distributed commercial areas for retail and service establishments, including neighborhood and office uses required by residents of the city in a manner consistent with the general plan;

2.

Enhance the visual quality of the commercial streets by extending the structures along the street, thereby forming a street-wall effect;

3.

Enhance the visual image of the city through good design and appropriate structure placement. Visual quality can also be improved through appropriate and complementary structure scale, which means the relationship of new development to existing structures;

4.

Provide for the development of non-polluting, clean industrial uses to broaden the economic/employment base of the city, while ensuring compatible integration with nonindustrial uses, in a manner consistent with the general plan;

5.

Upgrade the existing function and appearance of the city's industrial areas by encouraging high quality development;

6.

Provide adequate space to meet the needs of commercial and industrial development, including off-street parking and loading;

7.

Minimize traffic congestion and avoid the overloading of utilities;

8.

Minimize excessive illumination, noise, odor, smoke, unsightliness, and other objectionable influences; and

9.

Promote high standards of site planning and landscape design for the commercial and industrial developments within the city.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The purpose and zoning district map symbols of individual commercial, office, and industrial zoning districts are as follows:

A.

Professional Office Zoning District.

1.

Purpose: The Professional Office zoning district is intended for the development of professional offices in locations served by primary access, yet inappropriate for commercial development because of the proximity to residential uses. The type of offices allowed in this zoning district include administrative, professional, and research, and may provide customer service and instruction for personal or professional enrichment or be more corporate in nature. The Professional Office zoning district is consistent with the Professional Office land use designation of the General Plan.

2.

Zoning District Map Symbol: PO

B.

Neighborhood Commercial Zoning District.

1.

Purpose: The Neighborhood Commercial zoning district is intended to provide for retail sales, offices, and services serving the daily needs of nearby residents of the city and to promote stable and attractive commercial development which will be compatible with neighboring residential uses. This zoning district is designed to encourage the location of commercial uses at major intersections within residential areas. These areas should be designed to accommodate the auto in a manner that is also friendly to and harmonious with pedestrian and bicycle traffic. The architecture of the structures should be compatible with the neighborhood. Grocery stores, laundries, personal services, pharmacies, and restaurants are prime examples of neighborhood commercial uses. The Neighborhood Commercial zoning district is consistent with the Neighborhood Commercial land use designation of the General Plan.

2.

Zoning District Map Symbol: NC

C.

General Commercial Zoning District.

1.

Purpose: The General Commercial zoning district is intended to provide a wide range of retail sales and business and personal services primarily oriented to the automobile customer and accessible to transit corridors, to provide for general commercial needs of the city, and to promote a stable and attractive commercial development which will afford a pleasant shopping environment. The building forms should typically frame the street, with parking lots located either behind or under the structures they are designed to serve. Auto related uses (e.g., auto repair) are generally prohibited from locating in this zoning district. The General Commercial zoning district is consistent with the General Commercial land use designation of the General Plan.

2.

Zoning District Map Symbol: GC

D.

Research and Development Zoning District.

1.

Purpose: The Research and Development zoning district is intended to provide a stable environment conducive to the development and protection of specialized manufacturing, packaging, printing, publishing, testing, and research and development with associated administrative office facilities often providing a campus-like environment as a corporate headquarters. These facilities are operated and maintained in a clean and quiet manner and continually meet the standards identified in this chapter and in this Zoning Code. The Research and Development Zoning District is consistent with the Research and Development land use designation of the General Plan.

2.

Zoning District Map Symbol: RD

E.

Light Industrial Zoning District.

1.

Purpose: The Light Industrial zoning district is designed to encourage sound industrial development (e.g., light manufacturing, industrial processing, storage and distribution, warehousing), in addition to service commercial uses (e.g., motor vehicle repair facilities) in the city by providing and protecting an environment exclusively for this type of development, subject to regulations identified in this Zoning Code which are necessary to ensure the protection of nearby residential uses from hazards, noises, or other related disturbances. Industries producing substantial amounts of hazardous waste, odor, or other pollutants would be prohibited. Businesses serving commercial uses (e.g., food service or office supply) would generally be allowed as ancillary uses, subject to appropriate development and design standards and guidelines. The Light Industrial zoning district is consistent with the light industrial land use designation of the General Plan.

2.

Zoning District Map Symbol: LI

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The permissibility of land uses in Commercial, Office, and Industrial districts shall be as specified by Table 2-5 (Land Use Table - Commercial, Office, and Industrial Zoning Districts) subject to the operational and locational standards contained in Article 3. Land uses that are listed as (P) are permitted and approved by issuance of a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances). Land uses listed as (AC) may be allowed subject to the approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to the approval of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed as (X) and those not otherwise listed are prohibited and shall not be allowed. The list of land uses is organized by headers which themselves do not convey an intended land use.

Table 2-5

Land Use Table — Commercial, Office, and Industrial Zoning Districts

(1)

When located more than fifty-feet from a public right-of-way, as measured from the back of a public sidewalk (or the back of the public curb/pavement of the public right-of-way where a public sidewalk is not present), on a ground-floor where a Tier 1 or Tier 2 requirement is indicated on the Form-Based Zone Map.

(2)

When located more than five hundred-feet, as measured between the nearest property lines, from properties with a residential and/or mixed-use land use designation excepting properties with a "General Commercial/Light Industrial" land use designation.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2306, § 18, 4-16-2024)

In addition to the permitting procedures and requirements contained in Title 20 (Subdivision and Land Development), the minimum area, width, and frontage of parcels proposed in new subdivisions in commercial, office, and industrial zoning districts shall be as specified by Table 2-6 (Minimum Parcel Sizes for Newly Created Parcels — Commercial, Office, and Industrial Districts). Areas of special limitations may also be identified on the zoning map as a number with the number indicating the minimum parcel area for subdivision in thousands of square feet (i.e., 80 = 80,000 sq. ft. minimum).

Table 2-6

Minimum Parcel Sizes for Newly Created Parcels — Commercial, Office, and Industrial Districts

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

New land uses and structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or established in compliance with the requirements in Table 2-6 (Minimum Parcel Sizes for Newly Created Parcels — Commercial, Office, and Industrial Districts) and in Table 2-7 (General Development Standards - Commercial, Office, and Industrial Zoning Districts), in addition to the development standards contained in Article 3 (e.g., landscaping, fences, parking and loading, signs) and Article 4 (e.g., accessory structures).

Table 2-7

General Development Standards — Commercial, Office, and Industrial Districts

(1)

Properties located within the Pruneyard/Creekside District 3.0 acres and larger shall be allowed to develop at a maximum F.A.R. of 2.0 as provided for by LU-8.7 of the General Plan. Properties located within the Winchester Boulevard Master Plan (WBMP) shall have a maximum F.A.R. of 1.5 as provided for on page 24 of the WBMP.

(2)

The Planning Commission may grant a reduction or allow a structure to be placed on the rear property line and may designate that additional landscaping and setback requirements be provided at the front of the parcel.

(3)

The Planning Commission may allow a side setback of no less than five feet irrespective of building wall height where a property line abuts a non-residentially zoned property, when it finds that the reduced setback would enhance the architectural integrity of the building.

(4)

The Planning Commission may allow a side setback of less than five feet where a property line abuts a non-residentially zoned property, when it finds that:

a.

The height of the building wall, inclusive of a parapet, adjacent to the side property line is no taller than thirty-feet and limited to one-story; and

b.

The proposed building is designed for and would be limited to general industrial use, including manufacturing, processing, warehousing, storage, assembly, and fabrication.

(5)

No side setback shall be required for a proposed building on the side property line where abutting a non-residentially zoned property when designed for, and limited for use as, an emergency shelter in accordance with CMC 21.36.085 (Emergency shelters) when the height of the building wall, inclusive of a parapet, adjacent to any side property line is no taller than thirty-feet and limited to one-story.

(6)

No rear setback shall be required for a proposed building when designed for, and limited for use as, an emergency shelter in accordance with CMC 21.36.085 (Emergency shelters).

(7)

A side setback of five feet shall be required for a proposed building when designed for, and limited for use as, an emergency shelter in accordance with CMC 21.36.085 (Emergency shelters).

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)