Any permissible use, unless otherwise stated, shall be subject to the following conditions:
A.
Merchandise for sale shall not be stored or displayed in aisles, entrances, outdoor alcoves, on sidewalks or any place normally reserved for pedestrian or customer right-of-way for ingress or egress. All uses shall be conducted wholly within an enclosed building except such uses as:
1.
Automobile service stations;
2.
Parking areas and loading areas;
3.
Swimming pools and jacuzzis;
4.
Food courts and restaurant patio dining facilities; provided, however, the buildings, structures and equipment and parking and loading shall be situated on the premises as shown on the approved plan;
5.
Outdoor dining facilities with a valid outdoor dining permit, and, if applicable, a valid outdoor dining encroachment permit.
B.
All products made incident to a permitted use which are manufactured, processed or treated on the premises shall be sold on the premises and at retail only.
C.
Any repairing conducted on the premises shall be incidental only, and limited to custom repairing of the types of merchandise sold on the premises at retail. The floor area devoted to such repairing shall not exceed 20% of the total floor area occupied by the particular enterprise, except that this limitation shall not apply to shoe repairing, ski and other sports equipment repairing, eyeglass, camera, video, television and radio repair.
D.
The sale of used or secondhand goods shall be limited to the incidental sale of such goods as accessory to a retail use unless expressly permitted by this Title.
E.
Storage shall be limited to accessory storage of commodities sold at retail on the premises or used in connection with uses permitted on the premises.
F.
No commercial building, structure or sign(s) greater than two stories in height on a site may be located closer than 15 feet to any boundary line which is a common property line with R-classified or R-use property.
G.
A conditional use permit pursuant to Chapter 17.34b shall be required for businesses where alcoholic beverages are sold or served for consumption on or off premises except for those exempted y Section 17.34b.020A.
H.
All mechanical and electrical equipment including utility meters shall be enclosed, including roof mounted, and shall be architecturally integrated into the building or structure. Solar photovoltaic or heating panels are exempt from this requirement.
I.
All commercial office or retail uses with a floor area ratio of 1.0 or greater or a building height greater than two stories shall require a conditional use permit.
J.
Canopies are not permitted except in conjunction with outdoor seating areas, provided approval is obtained for encroachments into setbacks, the public right-of-way or parking facilities.
K.
Containers for storage or shipping are not permitted.
L.
New and/or Used Vehicle Sales, Rental and Leasing.
1.
A vehicle sales, rental or leasing facility shall have a minimum lot size of 25,000 square feet.
2.
Service and repair facilities shall be operated only as an accessory use. Such areas devoted to service and repair shall be visually screened from the public right-of-way.
3.
The property, including all vehicles offered for sale, rent or lease shall be kept clean on a daily basis.
4.
All signs shall comply with Chapter 17.10g of this Code.
5.
No vehicles offered for sale shall be parked or stored on the public thoroughfares or in required customer, employee, or handicap parking spaces at any time.
6.
All lights shall be reflected away from adjacent uses.
7.
Landscape plans shall be reviewed and approved by the Planning Commission and shall include, but not be limited to, the following requirements:
a.
A minimum six-foot landscape setback area shall be provided along all front and side property lines which abut sidewalks or streets. The setback area must be surrounded by a concrete curb, which is at least six inches in width and height. Landscaping within the setback area shall be designed as follows:
i.
All landscaping and irrigation shall comply with Chapter 17.10e, Landscaping, of this Title.
ii.
The required landscape areas shall contain a variety of planting materials such as a combination of shrubs, flowers, and grasses. Utilizing only sod for landscaping shall not be permitted. Sod may be incorporated among landscaping but shall not exceed the lesser of 25% of the total area or as dictated by the water efficient landscape and irrigation calculations detailed in Chapter 17.10e, Landscaping.
iii.
All required landscape areas shall be permanently irrigated with an irrigation system as detailed in Chapter 17.10e, Landscaping, of this Title.
iv.
Landscaped areas shall be well maintained and free of litter. Any unhealthy plants needing replacement shall be replaced with like plants. Any deviation from the approved landscape design shall require a new landscape plan and approval of the Director.
b.
In order to prevent any encroachment onto the required landscaping, wheel stops or parking bollards shall be required. Alternate preventative measures may be considered.
M.
Limitations on solar panels:
1.
When mounted on sloped roofs, the uppermost portion of each solar panel shall not exceed the highest point of the roof to which it is mounted, except as required to optimize the system performance (for example, to accommodate tilt angle).
2.
When mounted on flat roofs and all non-roof structures, the lowest portion of the panels shall not be more than three feet above the surface to which it is mounted. The uppermost portion of each solar panel shall not exceed the height required to optimize the system performance (for example, to accommodate tilt angle).
3.
Roof-mounted and other panels mounted at least 10 feet above the ground, measured to the lowest point of each panel, are subject to the setbacks of the applicable zone.
4.
Solar panels mounted lower than 10 feet above the ground, measured to the lowest point of each panel, shall be subject to the setbacks of the applicable zone and shall have an additional three feet of setback for each foot below 10 feet.
5.
Placement of solar panels are subject to approval of the fire department to ensure access and proper markings to protect the health and safety of fire personnel and the general public.
N.
Recycling facilities:
1.
Shall be permitted only by conditional use permit;
2.
Shall contain not more than one type of collection facility as described in this Code, which shall be located on the site in such a manner as not to obstruct pedestrian, automobile or truck circulation;
3.
Shall not occupy parking spaces required by the primary commercial use;
4.
Shall be designated on a site plan to be submitted and approved in accordance with this subsection;
5.
Shall not occupy any portion of a front setback or any setback which abuts an existing public right-of-way or residential property;
6.
Shall be landscaped to the satisfaction of the planning director;
7.
Shall be constructed with durable waterproof and rustproof material and shall be maintained at all times in a clean, litter-free condition;
8.
Shall observe the hours of operation of typical commercial uses;
9.
Shall be clearly marked to identify the type of material to be deposited, the operating instructions, and the identity and telephone number of a responsible person to call if the facility is inoperative;
10.
The signage on any reverse vending machine shall not exceed four square feet, exclusive of the operating instructions;
11.
Shall be adequately illuminated to ensure public safety;
12.
Shall provide for storage of all recyclable materials within the facility at all times;
13.
Shall not operate at noise levels in excess of 60 dBA as measured at the property line of any adjacent residentially zoned property;
14.
Graffiti shall be removed within 24 hours of its discovery;
15.
Shall be subject to an administrative fine to be collected by the department of code enforcement for any violation of the provisions of this subparagraph;
16.
Violation of, or noncompliance with, any of the guidelines shall constitute grounds for revocation of the CUP. If a revocation hearing is necessary, the applicant will pay for the cost of the hearing. Failure to pay for the cost of the hearing shall be grounds for revoking the CUP;
17.
No recycling center or facility shall permit loitering, camping, public begging, consumption of alcoholic beverages, use of illegal narcotics, or any other criminal activity at any time;
18.
If the proposed facility is proposed outside of a state approved convenience zone, or is in addition to an existing convenience zone recycling facility, the applicant shall justify appropriateness of location;
19.
The recycling facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation and notice that no material is to be left outside the enclosure;
20.
The recycling facility shall be located and designed to be aesthetically compatible with the host use and with surrounding uses; and
21.
A security plan shall be submitted to the Chief of Police or designee for approval prior to approval from the Planning Commission.
O.
Limitations on thrift shops:
1.
Establishments must be operated by a charitable organization, as defined in Chapter 17.02.
2.
No thrift store shall be located within 5,000 feet of another thrift store.
3.
All donations must be dropped off, sorted, and processed within an enclosed building and supervised by a designated employee overseeing the acceptance of goods.
4.
A second access area for collection of donations is required and must be separate from the primary entrance to the establishment.
5.
Signage must be posted which prohibits drop-offs outside of the building during non-business hours.
6.
Establishments shall utilize marketing and merchandise display techniques generally comparable to those used by retail stores selling only new merchandise.
7.
Interior layout and design plans illustrating fixture types and locations and window display areas, shall be submitted to the planning department for review and approval.
8.
The operator shall maintain the premises (interior and exterior) in a clean and orderly manner at all times.
P.
Limitations on day care facilities:
1.
The planning director will ensure adequate on-site parking for day care staff is provided.
2.
A minimum of one ADA compliant van accessible parking stall must be provided. Alternatively, a loading area for pick-up and drop-off of care recipients may be considered by the planning director provided adequate staff parking is maintained.
(Ord. 1513 § 2, 1991; Ord. 1530 § 3, 1992; Ord. 1553 § 2, 1993; Ord. 1683 §§ 4, 5, 2000; Ord. 1743 § 4, 2002; Ord. 1933 § 7, 2008; Ord. 1936 § 7, 2008; Ord. 1985 § 9, 2011; Ord. 2025 § 6, 2012; Ord. 2032 § 8, 2013; Ord. 2062 §§ 6—8, 2014; Ord. 2068 § 12, 2014; Ord. 2089 § 5, 2015; Ord. 2140 § 6, 2017; Ord. 2263, 6/23/2026)