The City Council finds that there is a need in the city for a zone classification designed to provide areas where primarily professional and administrative offices and related uses may be located. It is the intent that this zone classification ensures that such uses are well designed and landscaped to be harmonious and compatible with surrounding land uses. The provisions of this chapter shall apply in all C-O Zones.

A.

The following uses are permitted, provided a site development permit has been approved pursuant to the provisions of Section 9.240.330:

(1)

Administrative and professional offices, including, but not limited to, business, law, medical, dental, chiropractic, architectural, engineering, community planning, and real estate offices, in which no activity is carried on catering to retail sales and no stock of goods is maintained for sale.

(2)

Art gallery, library, reading room, museum.

(3)

Banks and financial institutions.

(4)

Employment agencies.

(5)

Parking lots and parking structures.

(6)

Prescription pharmacy when related and incidental to a professional office building.

(7)

Tourist information centers.

(8)

Travel agencies.

(9)

Day care centers.

(10)

Churches, temples and other places of religious worship.

B.

The following uses are permitted provided a conditional use permit has been approved pursuant to Section 9.240.280:

(1)

Clinics, including, but not limited to, medical, dental and chiropractic.

(2)

Health and exercise centers, provided all facilities are located within an enclosed building.

(3)

Hotels, resort hotels and motels.

(4)

Laboratories, film, dental, medical, research or testing.

(5)

Restaurants, not including drive-in or take-out restaurants.

(6)

Studios for professional work in or teaching of any form of fine arts, including, but not limited to, photography, music, drama, and dance, where no stock of goods is maintained for sale.

(7)

Hotels, resort hotels, and restaurants with the sale of alcoholic beverages for on-premises consumption pursuant to Section 9.240.490.

C.

The uses listed in subsections A. and B. of this section do not include sex-oriented businesses.

D.

Any use that is not specifically listed in subsections A. and B. of this section may be considered a permitted or conditionally permitted use provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

E.

It is the intent of the City Council that a legally established pre-existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to [Section 9.240.080] that is not specifically listed in subsections A. and B. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017-14 adopting the 2017 General Plan. The expansion of significant modification of such a pre-existing use shall be subject to the approval process and zoning requirements that had governed the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use.

(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2017-09, § 8E., 9-21-2017; Ord. No. 2021-09, § 4, 4-15-2021; Ord. No. 2021-21, § 35, 11-4-2021)

The following shall be the standards of development in the C-O Zone:

(1)

Lot area. There is no minimum lot area requirement, unless specifically required by zone classification for a particular area.

(2)

Setbacks.

(a)

Where the front, side, or rear yard adjoins a street, the minimum setback shall be twenty-five (25) feet from the right-of-way line. Where the front, side, or rear yard adjoins a lot zoned R-R, R-1, R-A, R-2, R-3, R-4, R-6, R-T, R-T-R, W-2-M, or SP with a residential use, the minimum setback shall be twenty-five (25) feet from the property line.

(b)

Where the front, side, or rear yard adjoins a lot with a zoning classification other than those specified in subsection (2)(a) of this section, there is no minimum setback.

(c)

Setback areas may be used for driveways, parking, and landscaping.

(3)

Height requirements. The height of structures, including buildings, shall be as follows:

(a)

Structures shall not exceed forty (40) feet at the yard setback line.

(b)

Buildings shall not exceed fifty (50) feet unless a height up to seventy-five (75) feet is granted pursuant to Section 9.240.370.

(4)

Masonry wall. Prior to occupancy of any use permitted in this chapter, a six (6) foot high solid masonry wall or combination landscaped earthen berm and masonry wall shall be constructed on each property line that adjoins any parcel specifically zoned for residential use.

(5)

Landscaping.

(a)

A minimum of fifteen (15) percent of the site proposed for development shall be landscaped and irrigated.

(b)

Not less than five (5) feet of the front yard setback shall be landscaped.

(6)

Parking areas. Parking areas shall be provided as required by Section 9.240.120.

(7)

Trash collection areas. Trash collection areas shall be screened by landscaping or architectural features in such a manner as not to be visible from a public street or from any adjacent residential area.

(8)

Outside storage areas. Outside storage areas are prohibited.

(9)

Utilities. Utilities shall be installed underground except that electrical lines rated at thirty-three (33) kV or greater may be installed above-ground.

(10)

Mechanical equipment. All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of one thousand, three hundred and twenty (1,320) feet.

(11)

Lighting. All lighting fixtures, including spot lights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading and similar areas, shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property.

(12)

On-site signs.

(a)

Not more than one (1) freestanding sign shall be permitted on a project site, except that if a project has frontage on two (2) or more streets, the project shall be permitted two (2) freestanding signs, provided that the two (2) signs are not located on the same street.

(b)

Freestanding signs shall refer only to the permitted uses conducted on the premises, shall be located outside of the road right-of-way, shall not exceed a height of six (6) feet and the maximum surface area of the sign shall not exceed thirty-two (32) square feet.

(c)

Signs affixed to building walls and stating the name of the structure, use or institution, shall not exceed five (5) percent of the surface area of the wall upon which the sign is located, and shall not be illuminated when facing any parcel specifically zoned for residential use.

(d)

A building directory with letters not exceeding two (2) inches in height and containing only the name of the occupant, the suite or office number, and the nature of the use or service rendered, shall be permitted.

(e)

No on-site sign shall be affixed on, above or over the roof of any building, and no on-site sign shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet.

(13)

Access. No access shall be allowed from residential streets.

The development standards contained herein, except lot size, setbacks and height, may be waived or modified as part of the site development permit or conditional use permit process if it is determined that the standard is inappropriate for the proposed use, and that waiver or modification of the standard will not be contrary to the public health and safety.

(Ord. No. 2012-02, § 1, 6-7-2012)