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Cheney City Zoning Code

CHAPTER 21

32 - COMMERCIAL C-1, C-2, & MX ZONES10


Footnotes:
--- (10) ---

Editor's note— Ordinance No. W-55, § 10, adopted March 10, 2015, renamed chapter 21.32 from "General Commercial (C-2) Zone" to "Commercial (C-1, C-2, & MX) Zones."


21.32.010 - Established.

A.

There is established the C-1 (downtown commercial) zone and the standards and regulations by which certain land uses may be permitted therein.

B.

There is established the C-2 (general commercial) zone and the standards and regulations by which certain land uses may be permitted.

C.

There is established the MX (mixed use) zone and the standards and regulations by which certain land uses may be permitted therein.

(Ord. No. W-22, § 61, 4-22-2014; Ord. No. N-90, § 1(part), 1986)

21.32.020 - Declaration of purpose.

A.

The purpose of the C-1 zone is to provide for uses, buildings, and/or structures in the central business district and to provide for the sale of consumer and durable goods, professional services and financial institutions, personal service shops, places of amusement and recreation, restaurants, cafes, studios, theaters and other retail establishments, serving the customary needs of the community in a unified conveniently planned center.

B.

The purpose of the C-2 zone is to provide for adequate area for any business including those requiring motor vehicle parking areas and areas in which retail sales relating to heavy equipment may be conducted.

C.

The purpose of the MX zone is to provide for a mix of commercial and residential uses in the same building or same block. Commercial uses would be relevant to the nearby neighborhood.

(Ord. No. W-22, § 62, 4-22-2014; Ord. No. U-97, § 171, 1-27-2009; Ord. No. N-90, § 1(part), 1986)

21.32.030 - Permitted uses.

A.

Types of uses. For the purposes of this chapter, there are four kinds of uses:

1.

A permitted (P) use is one that is permitted outright in the zone, subject to all of the applicable provisions of this title.

2.

A limited (L) use is permitted outright in the zone providing it is in compliance with special requirements, exceptions or restrictions.

3.

A conditional use (C) is a permitted use subject to review and conditions through the process set forth in CMC Chapter 21.58 and CMC Title 23, governing Conditional Uses and Decision-Making Procedures, respectively.

4.

A prohibited use (N) is not permitted in a zoning district under any circumstances.

B.

Use table. A list of permitted, limited, conditional, and prohibited uses in the C-1, C-2, and MX Districts is presented in Table 21.32.030-1.

Table 21.32.030-1
Commercial Districts Use Table
UseC-1C-2MX
Residential - CMC 21.12.030(A)
 Household Living L 1 N P
 Group Living C N C
 Senior Housing C N P
 Transitional Housing N L 16 L 16
 Home Occupation L 2 L 2 L 2
Housing Types -
 Single Dwelling, Attached L 3 N L 3
 Single Dwelling, Detached N L 3 N
 Accessory Dwelling Units N N N
 Duplexes N N N
 Townhouse L 3,14,15 L 3 L 3
 Multi-Dwelling Units L 3,14,15 L 3 L 3
 Live/work Unit P N P
 Manufactured Home N N N
Civic (Institutional) - CMC 21.12.030(B)
 Basic Utilities P P P
 Colleges C C C
 Community Recreation P P P
 Cultural Institutions P N P
Day Care
   -Child Care Center P/C 5 P P/C 5
   -Adult Day Care P P P
 Emergency Services P P P
 Human Service Facilities P C P
 Medical Centers C P C
Parks/Open Space
   -Neighborhood Parks P N P
   -Community Parks P N P
   -Regional Parks P P P
   -Trails P P P
 Postal Service P N P
 Religious Institutions P P P
 Schools P P P
 Social/Fraternal Clubs P P P
 Transportation Facility P P P
Commercial - CMC 21.12.030(C)
 Commercial Lodging P P P
 Eating/Drinking Establishments P P P
Entertainment-Oriented
   -Adult Entertainment L 6 L 6 L 6
   -Indoor Entertainment P P P
   -Outdoor/Major Event Entertainment P P P
General Retail
   -Sales-Oriented P P P 7
   -Personal Services P P P 7
   -Repair-Oriented P P P 7
   -Bulk Sales N P N
   -Outdoor Sales N P N
Motor Vehicle Related
   -Motor Vehicle Sales/Rental N P N
   -Motor Vehicle Servicing/Repair N P N
   -Vehicle Fuel Sales N P N
   -EV Basic Charging Stations (accessory) P P P
   -EV Rapid Charging Stations (commercial) P P P
   -EV Battery Exchange Stations N P N
Office
   -General P P P 8
   -Medical P P P 8
   -Extended N P N
 Non-Accessory Parking C P C
 Self-Service Storage N L 9 N
Industrial - CMC 21.12.030(D)
 Industrial Services N L 10 N
 Manufacturing and Production L 13 L 10 N
 Railroad Yards N N N
 Research and Development P P P
 Warehouse/Freight Movement N N N
 Wholesale Sales N C N
 Waste-Related N N N
Other - CMC 21.12.030(E)
 Agriculture/Horticulture N N N
 Animal Kennel/Shelters N L 11 N
 Animal Rendering Facility N N N
 Cemeteries N N N
 Detention and Post-Detention Facilities N C N
 Pet Day Care N P N
 Foundries N N N
 Mining N N N
 Rail Lines/Utility Corridors P P P
 Temporary Uses P P P
 Wireless Communication Facilities L 12 L 12 L 12
1 As a limited use, must be located above the ground floor of the structure.
2 Subject to the provisions of CMC Chapter 21.59, Home Occupations.
3 Residential units may be located above or below the ground floor (street level) of the structure or off of an alley. If part of a mixed-use structure, no residential units shall be located on the first (or ground floor, and must be located off an alley.
4 Allowed as a mixed unit development; however, if on 1 st Street, no residential units shall be located on the first (or ground) floor. Must be located off an alley.
5 Family day care homes for no more than 12 children are permitted when licensed by the state. Child care centers (13 or more children) are conditional (C) uses, subject to CMC Chapter 21.58.
6 Subject to provisions in CMC Chapter 21.38, Adult Entertainment.
7 Retail use is limited to the first floor of buildings at corner locations along arterials.
8 Office use is limited to the first floor of the main building and/or accessory building.
9 Is permitted if self-storage is located adjacent to IL zoned land, and does not front on an arterial.
10 Must be located in an enclosed building.
11 May not be located on a parcel abutting residentially zoned land.
12 Subject to provisions in CMC Chapter 21.50, Wireless Communication Facilities.
13 A manufacturing/production use may occur as an accessory use in conjunction with a retail or restaurant/food service use.
14 For parcels located on the north side of 1st Street between Cocolalla Street and "H" Street, mixed-use is permitted at a ratio of 70 percent residential/30 percent commercial at a residential density of 21 units/acre. For parcels located on 2nd Street between "A" Street and "H" Street, or on 3rd Street between "A" Street and "C" Street and between "F" Street and "H" Street, R-3 residential development is permitted at a density of 21 units/acre. R-3 development standards would apply.
15 Several of the parcels located within geography described in footnote 14 may either be located within the Central Cheney Historic District, or may be contributing properties to the historic inventory within the City of Cheney. Check with city staff as to the status of a specific parcel.
16 No more than two transitional housing units within a hotel/motel building, or on a parcel, or within a mixed-use development. If there are multiple transitional housing units, they shall be clustered in the same geography within the respective zone, for public safety services.

 

(Ord. No. Y-21, § 11, 10-11-2022; Ord. No. X-31, § 5, 7-10-2018; Ord. No. W-55, § 11, 3-10-2015; Ord. No. W-22, § 63, 4-22-2014; Ord. No. V-28, § 10, 11-24-2009; Ord. No. U-97, § 172, 1-27-2009; Ord. No. U-59, § 41, 2008; Ord. No. S-46, § 6, 2001; Ord. No. R-40, § 23, 1998; Ord. No. P-12, § 1, 1991; Ord. No. O-56, § 6, 1988; Ord. No. N-90, § 1(part), 1986)

21.32.040 - Development standards.

A.

Compliance required. All developments must comply with:

1.

All of the applicable development standards contained in the underlying zoning district.

2.

All other applicable standards and requirements contained in this title.

B.

Development standards. Development standards in commercial and mixed use zoning districts are contained in Table 21.32.040-1.

Table 21.32.040-1
Development Standards
StandardC-1C-2MX
Minimum Lot Size (sf) 1,600 5,000 1,600
Maximum Lot Coverage 100% 80% 80%
Minimum Lot Width 20' 50' 20'
Minimum Lot Depth 80' 100' 80'
Maximum Setbacks
— Front 0' 15' 0'-10'
— Rear 0' 0' 1 0'-10'
— Rear through-street 0' 10' 0'-10'
— Side 0' 0' 0'
— Street Side 0' 15' 0'-5'
— Between buildings on site None None None
Maximum Height 35' 35' 2 35'
Maximum height when a residential component is included in building footprint 55' when residential use represents 50% of floor area exceeding 35'. N/A 45' when residential use represents 100% of floor area exceeding 35'.
Maximum height adjacent to residential zone Maximum height of any portion of a structure within 50' of a residential zoning district line shall be 35'.
Minimum Landscaping Requirement (percentage of total net area) None 10% 5%
1 Zero feet except when abutting residentially-zoned property, when the minimum setback shall be the same as the abutting residentially zoned property. If located off of an alley, parking may be located in the rear setback.
2 45 feet height is permitted if it is a hotel.

 

C.

Specific development standards related to the C-1 zone.

1.

All activities except loading and restaurant outdoor seating shall occur within buildings; outdoor storage/repair is prohibited.

2.

Drive-through facilities are permitted if the following requirements are met:

a.

Located on a corner lot and off of an alley.

b.

Drive-thru ingress, egress and queuing shall be reviewed by staff.

3.

Multifamily developments in C-1 zoned land shall follow the appropriate mixed use development standards outlined in the CMC.

D.

Specific development standards related to the C-2 zone.

1.

Improved pedestrian standards ensure connection between street and entrance.

2.

Pedestrian connections to transit streets.

3.

Drive-through facilities shall not front the property line parallel to the front or street-side yards. Drive-through facilities may be located on the side of the property that faces either the interior side yard or rear yards of the property.

4.

Development in this zone shall include pedestrian connectivity between the building and the primary arterial that the building fronts on.

5.

Public right-of-way shall be landscaped and maintained.

6.

Multifamily developments in C-2 zoned land shall follow the appropriate mixed use development standards outlined in the CMC.

E.

Specific development standards related to the MX zone.

1.

On-site parking areas shall be placed at the back or the interior of the development unless site development proves prohibitive.

2.

All required on-site parking areas along adjacent roadways shall be screened with landscaping.

3.

Public right-of-way shall be landscaped and maintained.

4.

Buildings shall be used to define the streetscape unless site conditions prove prohibitive.

5.

Structures abutting or located near less intensive uses or zoned areas (such as commercial developments next to residential areas) shall be designed to mitigate size and scale differences.

6.

Developments containing multiple uses/activities shall integrate each use/activity in a manner that achieves a seamless appearance or creates a cohesive development.

7.

Mixed-use developments that place uses throughout the site (horizontal development) shall organize elements in a manner that minimizes its impact on adjacent lower intensity uses.

8.

Walls shall be designed to avoid a blank look and to provide a sense of scale and articulation.

9.

Outdoor lighting shall not be directed off site.

10.

Multifamily developments as a mixed use development shall follow the appropriate multifamily residential development standards outlined in CMC 21.24, based on the R-3 zoning density.

11.

A minimum of 20 percent of a building floor area or 25 percent of a site must be devoted to commercial uses to qualify for MX development benefits.

F.

Design standards related to the C-1 zone.

1.

Frontage buildout. In this zone, at least 80 percent of the width of the lot is occupied by a building at the front setback.

2.

Storefront design. All buildings shall contribute toward the storefront character and visual relationships of existing buildings. The building shall be designed to provide visual interest consistent with the community's identity, character, and scale.

3.

Ground floor window standards. The windows shall cover at least 50 percent of the length of ground level wall facing the primary frontage.

G.

Design standards related to the MX zone.

1.

Integrated design. All buildings and improvements on the site shall be located and designed to look and function as an integrated development and to encourage pedestrian travel between buildings and uses. Complete segregation of use types, such as placement of multiple commercial structures all on one side of a mixed use site and multiple residential structures all on the other, shall be prohibited.

2.

Frontage buildout. In this zone, at least 60 percent of the width of the lot is occupied by a building at the front setback.

3.

Pedestrian linkage. Separate buildings shall be connected through pedestrian linkages delineated through landscaping, differentiated surface materials or texture. Delineation through striping alone shall not be considered sufficient.

4.

Building facade. One or more similar design characteristics among separate structures shall be provided, including, but not limited to, similar or complimentary building facades, surface materials, colors, landscaping, or signage.

H.

Design standards related to all zones.

1.

Building size, bulk, scale, and mass. In an effort to maintain the predominant community character, new buildings or additions should be of similar in size and height of existing structures in the immediate surrounding area. If structures are larger than the predominant character, the structure may be articulated and subdivided proportionally to the mass and scale of other structures on the same block.

2.

Building orientation. If an entry is oriented to a parking lot, it minimizes pedestrian activity from the street. Orientation and design of all new building or additions shall be reinforced through the observation of the following standards:

a.

Entrance. Buildings have their primary entrance oriented to their primary frontage or public transit corridor. A building may have a secondary entrance facing any other yard.

b.

Corner building entrances. Corner building entrances shall be designed in cases where the building is located on a corner lot.

3.

Pedestrian standards. Design of pedestrian connection could include textured concrete, pavers, or a dedicated pathway.

(Ord. No. Y-44, § 1, 3-28-2023; Ord. No. X-31, § 6, 7-10-2018; Ord. No. W-55, § 12, 3-10-2015; Ord. No. W-22, § 64, 4-22-2014; Ord. No. U-97, § 173, 1-27-2009; Ord. No. P-21, § 3, 1991; Ord. No. N-90, § 1(part), 1986)

Editor's note— Ord. No. W-22, § 64, adopted April 22, 2014, amended § 21.32.040 and in so doing changed the title of said section from "Setback and building height" to "Development Standards" as set out herein.

21.32.050 - Reserved.

Editor's note— Ord. No. W-22, § 65, adopted April 22, 2014, repealed § 21.32.050, which pertained to conditional uses and derived from Ord. No. W-33, § 5, adopted April 22, 2014; Ord. No. W-18, §§ 5, 12, adopted Nov. 26, 2013; Ord. No. W-17, § 5, adopted Nov. 12, 2013; Ord. No. U-97, § 174, adopted Jan. 27, 2009; Ord. No. U-59, § 42, adopted in 2008; Ord. No. T-06, § 2, adopted in 2002; Ord. No. P-21, § 4, adopted in 1991; and Ord. No. N-90, § 1(part), adopted in 1986.

21.32.060 - Off-street parking.

See chapter 21.40 for off-street parking standards.

(Ord. No. N-90, § 1(part), 1986; Ord. No. U-97, § 175, 1-27-2009)

21.32.070 - Landscaping and buffering.

See chapter 21.42 for landscaping and buffering standards.

(Ord. No. U-97, § 176(21.32.070), 1-27-2009)

21.32.080 - Signs.

See chapter 21.54 for sign standards.

(Ord. No. U-97, § 177(21.32.080), 1-27-2009)

21.32.090 - General use provisions.

See chapter 21.48 for general use provision standards.

(Ord. No. U-97, § 178(21.32.090), 1-27-2009)