See section 10-11-2 of this title.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. No. 2022-12, 5-5-2022)

The provisions of this chapter shall apply to any real property located in a commercial zone as shown on the official zoning map. No building, structure or real property shall be used and no building or structure shall be hereafter erected, structurally or substantially altered, or enlarged except as set forth in this chapter. Such requirements shall not be construed to prohibit or limit other applicable provisions of this title, this Code, or other laws.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. No. 2022-12, 5-5-2022)

A.

Permitted and conditional uses. Permitted and conditional uses allowed within commercial zones shall be as set forth in table 10-15-1 of this section. Permitted and conditional uses are indicated by a "P" or "C," respectively, in the appropriate column. Uses not permitted are indicated by "N." Any use not shown on table 10-15-1 of this section shall be prohibited unless the Zoning Administrator determines the use is substantially the same as a permitted or conditional use as provided in section 10-7-18 of this title. If the proposed use is determined to be a new or unlisted business use, the applicant may petition the City Council for review and possible approval pursuant to the procedures outlined in section 10-7-18.

TABLE 10-15-1
PERMITTED AND CONDITIONAL USES ALLOWED IN COMMERCIAL ZONES

Notes:

1.

See chapter 46 of this title.

2.

See chapter 42 of this title.

3.

See chapter 45 of this title.

4.

In the area designated as downtown district on the general plan map, existing single family residential uses may continue as permitted residential uses. Use and development standards for an R-1-8 zone shall apply. Existing approved multi-family and two family uses may continue as permitted residential uses. Use and development standards for an RM-3 zone would apply.

5.

Takeoff and landing of aircraft at hospitals or medical facilities for the purpose of medical transport (e.g. "life flights", organ deliveries, delivery of medical supplies and equipment, or other urgent circumstances) shall be allowed.

6.

See chapter 51 of this title.

B.

Accessory uses. Permitted and conditional uses set forth in table 10-15-1 of this section shall be deemed to include accessory uses and activities that are necessarily and customarily associated with and incidental and subordinate to such uses.

1.

Accessory uses shall be subject to the same regulations that apply to permitted and conditional uses in the same zone except as otherwise expressly provided in this title.

2.

No accessory use, building, or structure shall be allowed on a lot unless a permitted or conditional use has been established.

3.

Accessory uses in commercial zones shall include, but not be limited to, the following:

Accessory dwelling units attached to a commercial permitted use structure or on the same lot and under same ownership as a permitted use structure.

Accessory dwelling units for security and maintenance personnel.

Cafeterias, dining halls and similar food service facilities when located within the main use and operated primarily for the convenience of employees, residents, clients, or visitors to the main use.

Garages and off street parking areas, subject to applicable standards of chapter 34, off street parking and loading, of this title.

Recreational areas and facilities for the use of employees.

Recycling collection stations.

Refreshment stands and food and beverage sales located in uses involving public assembly.

Temporary uses, subject to applicable standards of chapter 48, temporary uses, of this title.

(Ord. 2012-8, 10-18-2012; Ord. 2016-11, 11-17-2016; Ord. 2017-14, 8-17-2017; Ord. No. 2021-05, 6-3-2021; Ord. No. 2022-12, 5-5-2022; Ord. No. 2024-06, 6-6-2024; Ord. No. 2024-12, 8-15-2024; Ord. No. 2024-13, 11-7-2024; Ord. No. 2024-14, 11-21-2024; Ord. No. 2025-10, 6-5-2025; Ord. No. 2025-15, 7-3-2025; Ord. No. 2025-20, 10-16-2025)

Development standards within commercial zones shall be as set forth in table 10-15-2 of this section.

TABLE 10-15-2
DEVELOPMENT STANDARDS IN COMMERCIAL ZONES

Notes:

1.

Except as otherwise permitted by subsection 10-15-7(A) of this chapter.

2.

Except as modified by the provisions of subsection 10-37-12F, "setback measurement," of this title.

3.

An area less than five acres may be zoned for planned commercial use if the City Council finds that the zoning meets the following:

a.

The zone change meets the standards within section 10-7-7 of this Code.

b.

The property is incorporated into an existing commercial or multi-family development, and the proposed change will further the purpose of the planned commercial zone.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. No. 2022-12, 5-5-2022; Ord. No. 2025-06, 4-3-2025; Ord. No. 2025-10, 6-5-2025)

The use and development of real property in commercial zones shall conform to regulations of general applicability as set forth in the following chapters of this title:

A.

Design and compatibility standards: see chapter 33 of this title.

B.

Landscaping and screening: see chapter 32 of this title.

C.

Motor vehicle access: see chapter 35 of this title.

D.

Natural resource inventory: see chapter 31 of this title.

E.

Off street parking: see chapter 34 of this title.

F.

Signs: see chapter 36 of this title.

G.

Supplementary development standards: see chapter 37 of this title.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. No. 2022-12, 5-5-2022; Ord. No. 2025-10, 6-5-2025)

To the extent that use and development of real property includes any matter encompassed by a regulation for a specific use as set forth in division 6 of this title, such regulation shall apply in addition to the requirements of this chapter and shall prevail over any conflicting provision of this chapter.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. No. 2022-12, 5-5-2022; Ord. No. 2025-10, 6-5-2025)

A.

Increased height. Notwithstanding the height limitations shown in section 10-15-4, table 10-15-2 of this chapter a greater building height may be allowed in a commercial zone for a commercial use pursuant to a conditional use permit.

B.

Use within an enclosed building. Each use specified in section 10-15-3, table 10-15-1 of this chapter shall be conducted completely within a completely enclosed building, except for the parking of motor vehicles and services to persons therein.

C.

Dust, odor, smoke, noise, and vibration. Each use specified in section 10-15-3, table 10-15-1 of this chapter shall be free from objectionable dust, odor, smoke, noise, and vibration.

D.

Highway commercial zone location. For property abutting SR-9, the highway commercial zone shall begin at the highway right-of-way line and shall extend a distance of 500 feet from the state highway right-of-way line.

(Ord. 2014-13, 11-20-2014; Ord. 2020-12, 3-5-2020; Ord. No. 2022-12, 5-5-2022; Ord. No. 2023-15, 8-17-2023; Ord. No. 2025-10, 6-5-2025)

A.

Purpose. Planned commercial developments shall incorporate elements of commercial and residential within each zoned area and development.

B.

Mix use types. Planned commercial developments shall incorporate both commercial and residential uses. The following definitions apply to this section:

1.

Horizontal mix use. Development that combines single-use buildings on distinct parcels on a range of land uses in a planned commercial development project.

2.

Vertical mixed use. Development that combines different uses in the same building. Commercial or public uses shall only occupy lower levels.

3.

Live/work unit. A single unit consisting of both a commercial use/office and a residential component that is occupied by the same resident. A live/work unit shall not exceed two bedrooms for the residential portion of the unit. A live/work unit shall be the primary dwelling of the occupant. Live/work units may only be owner-occupied and cannot be sublet to long-term or short-term renters. The owner-occupied requirement and prohibition of long-term or short-term renters shall be included in a recorded deed restriction prior to or as a condition of final site plan approval.

C.

Approval; site plan; legislative authority. Submittal of an application for a planned commercial zone does not guarantee that the zone or a preliminary site plan will be approved. An application for a planned commercial zone is considered under the general zone map amendment provisions of subsection 10-7-7(E) and the spirit and intent of this chapter. A preliminary site plan shall be required with the application and any approval of a planned commercial zone change application, which preliminary site plan shall be associated with and shall govern the approved planned commercial zone. The City Council's legislative decision to create a planned commercial zone includes the City Council's legislative authority to permit or deny any uses within the newly created zone as shown on the approved preliminary site plan.

D.

Regulations. Planned commercial developments are subject to the following:

1.

A minimum of 67 percent of the development area shall be used for commercial uses identified in table 10-15-1 as permitted uses in planned commercial zones. A minimum of 20 percent of the development area shall be used for long-term residential uses identified in table 10-15-1 as permitted residential uses in planned commercial zones.

a.

The residential versus commercial area shall be calculated based on the area of the uses authorized and required by the approved preliminary site plan. The area of the uses may include buildings, features, amenities, and infrastructure of commercial or residential uses, as legislatively determined by the City Council in approving an application for the zone change to planned commercial. As a guide to analyzing the zone change applications and associated preliminary site plans, improvements intended to support both residential and commercial may be calculated based on the percentage of the improvements that will be impacted either by commercial or residential needs, and the percentages of uses within mixed-use buildings may be calculated in the same manner as calculating area for density.

b.

The preliminary site plan shall show general areas of use and specify percentages of different uses. The general areas of use and specific percentages of use within the final site plan submitted to and approved by the Planning Commission shall correspond with the approved preliminary site plan.

c.

The required 67 percent of commercial development shall be completed prior to, or concurrently with, the residential components of the development.

2.

Each project shall have a mixture of residential and commercial use.

E.

Residential density. Except as stated in this section, the areas designated as residential within planned commercial developments shall not exceed 15 units an acre or the density identified in the approved preliminary site plan, whichever is less.

1.

Affordable housing. Residential areas of a planned commercial development are entitled to a density bonus by meeting the affordable housing requirements of title 10, chapter 52 of this Code. The available density bonus shall be based on the original residential density authorized in the approved preliminary site plan.

2.

Residential areas. Unless modified by the City Council in the approved preliminary site plan as part of the zone change approval, residential areas shall be calculated based on the following:

a.

Horizontal mix use. Residential areas shall be calculated based on the footprint of residential buildings and sections of buildings, parking, amenities, and roadways that primarily serve residential areas and other residential uses.

b.

Vertical mix use. Residential areas shall be measured by the percentage of space within the building that is occupied by commercial versus residential uses, which percentages are then applied to the total footprint of the building to calculate the areas of commercial and residential use. Other residential areas shall be calculated based on the area of use including designated residential parking, amenities reserved for residential use, roadways that primarily serve residential areas, and other residential uses.

(1)

Example: if a two-story building has a building square footage of 10,000 square feet and a 5,000 square feet footprint, and the first floor is completely commercial use and the second floor is residential use, then 2,500 square feet (50 percent of the footprint of the building) shall count towards the density of residential use.

3.

Live/work units. Live/work units as defined in this chapter shall be considered a 50 percent commercial and 50 percent residential use.

4.

Shared uses. Amenities and parking shall be designed with both commercial and residential uses in mind. For amenities that substantially serve both residential and commercial uses, 50 percent of the area shall count toward residential density areas.

a.

Parking. Shared parking must comply with section 10-34-9 of this Code.

F.

Development agreement. A development agreement between the city and the applicant may be required by the City Council and executed before the zoning designation shall be effective.

G.

Landscaping. Landscaping within a planned commercial development shall comply with the following standards:

1.

Street trees are required for every 50 feet of frontage. These trees may be incorporated within park strips, landscape buffers, or planter boxes within the right-of-way. The placement of street trees must be approved by the City.

2.

The applicant shall comply with City standards for landscaping.

3.

In lieu of a ten-foot landscaping buffer along the right-of-way frontage for commercial uses, an applicant can provide that space for sidewalks, outdoor dining, and retail space that enhances the neighborhood's walkability. In these areas, street trees shall be required every 50 feet of frontage.

4.

Parking lots and parking courts shall remain buffered by a ten-foot landscape area along the frontage with one tree and three shrubs for every 35 linear feet. Except as set forth in this chapter, other landscape requirements within the City landscaping and screening standards shall apply.

H.

Off street parking.

1.

Parking areas shall be designed to allow greater pedestrian connectivity and to limit conflicts between vehicular and pedestrian use.

2.

For commercial parking, parking lots shall not be located in front of buildings nearest the right-of-way but shall be contained within parking lots located to the side or behind buildings that front the right-of-way. Commercial buildings may only be located behind parking lots if other buildings are fronting onto the right-of-way.

3.

Each building shall provide pedestrian access from the nearest right-of-way to the main entrance of the building with a paved path and marked crossings for private drives.

4.

All developments must comply with all other City off street parking standards.

I.

Street design. A developer or the City may propose different street cross-sections that enhance walkability, street life, outdoor gathering, traffic calming, street parking, and beautification. The City Council may approve a different street cross-section after a recommendation from the Planning Commission.

(Ord. No. 2022-12, 5-5-2022; Ord. No. 2025-06, 4-3-2025)