Longmont City Zoning Code
CHAPTER 15
04. - USE REGULATIONS
Sec. 15.04.010. - Purpose and organization of the use regulations.
This chapter identifies the land uses allowed in the city zoning districts and establishes the standards that apply to certain uses (use-specific standards). This chapter is organized as follows:
1.
Section 15.04.020 lists the uses allowed by zoning district and cross-references applicable use-specific standards.
2.
Section 15.04.030 establishes the standards applicable to certain land use types.
3.
Section 15.04.040 establishes standards applicable to uses and structures that are accessory to the principal use of the property and/or structure.
4.
Section 15.04.050 establishes standards applicable to non-permanent (temporary) structures and uses.
(Code 2009, § 15.04.010)
Sec. 15.04.020. - Table of allowed uses.
Table 15.04.020 lists the uses allowed within each zoning district. Each listed use is defined in chapter 15.10.
A.
Use permission levels.
1.
Permitted uses. A "P" designation in a cell within table 15.04.020 indicates that the use is allowed in the respective zoning district. Permitted uses are subject to all other applicable procedures and standards in this development code.
2.
Conditional use permit. A "C" designation in a cell within table 15.04.020 indicates that the use is allowed in the respective zoning district only with approval of a conditional use application pursuant to section 15.02.060.C and may be subject to city council review as outlined in section 15.02.050.B.6.e and g. Conditional uses are also subject to all other applicable standards in this development code. The "C" designation does not constitute authorization or ensure that a conditional use will be approved for that use. Each conditional use application shall be evaluated on its own merit based on the review criteria.
3.
Accessory uses. An "A" designation in a cell within table 15.04.020 indicates that the use is allowed as an accessory and subordinate use to a permitted principal use.
4.
Prohibited uses. A blank cell in table 15.04.020 indicates that the use is prohibited in the respective zoning district.
5.
Secondary uses. An "S" designation in a cell within table 15.04.020 indicates that the use is either allowed ("PS") or allowed with a conditional use ("CS") in the respective zoning district as a secondary use subject to the standards in section 15.04.030.A.1 and all other applicable standards in this development code.
6.
Use-specific standards. For all uses, additional standards may be applicable to that use. Such use-specific standards are identified and cross-referenced in the last column of table 15.04.020.
7.
General use standards. For all uses, in addition to use-specific standards referenced in subsection A.6 of this section, the general use standards in section 15.04.030.A may be applicable to that use.
B.
Interpretation of table of allowed uses.
1.
Compliance with development standards. Although a use may be identified in the table of allowed uses as a permitted use in a particular zoning district, such use is permitted only if it can be accommodated in full compliance with the density, dimensional, parking, landscape, and other applicable development standards of this development code, as applicable.
2.
Definitions and interpretations. The uses listed in table 15.04.020 below are defined and described in chapter 15.10. The use classifications are intended to be mutually exclusive. Specific uses listed in the table are allowed only in the districts indicated.
3.
Classification of new and unlisted uses.
a.
If a specific use is not listed, the director shall, upon the request of any interested party and under the procedures for written code interpretations stated in section 15.02.100, interpret the table to determine within which use classification and zoning district, if any, such use best fits, whether such use best fits as a permitted use or conditional use, and whether the use shall be considered a secondary use. The table, as so interpreted, shall govern that principal use.
b.
To determine whether a use not specifically identified in the table is allowed, the director shall use the zoning district purpose and intent statements, definitions of uses, and the use-specific standards in section 15.04.030. Any proposed use shall be substantially similar to other uses specifically permitted in such district and shall be more similar to such identified uses than to uses allowed in a less restrictive district. If a proposed use is more similar to a conditional use than a permitted use, then any interpretation shall be as a conditional use rather than a permitted use. If a proposed use is similar to a secondary use, then any interpretation shall be as a secondary use. The director shall consider the potential impacts of the proposed use including the nature of the use and whether it includes dwellings, sales, processing, storage operations, employment characteristics, nuisances or other adverse impacts on neighboring properties, requirements for public utilities, and transportation requirements.
c.
During the initial determination or interpretation, the director shall determine whether or not additional use-specific standards are necessary to reduce potential impacts to the surrounding properties or the community.
C.
Table of allowed uses.
(Code 2009, § 15.04.020; Ord. No. O-2021-16, §§ 4, 5, 3-30-2021; Ord. No. O-2022-54, § 2, 11-29-2022; Ord. No. Ord. No. O-2023-21, § 2, 5-9-2023; Ord. No. O-2024-21, § 2, 3-26-2024; Ord. No. O-2025-35, § 3, 6-3-2025; Ord. No. O-2025-43, § 1, 8-12-2025; Ord. No. O-2025-68, § 1, 10-28-2025)
Sec. 15.04.030. - Use-specific standards.
A.
General use standards.
1.
Secondary uses. The following standards shall apply to secondary uses:
a.
In residential districts, secondary uses shall be limited to lots adjacent to arterial streets and corner lots on collector streets. Secondary uses shall avoid access directly to a local street to the maximum extent practicable.
b.
Secondary uses allowed as permitted uses or requiring conditional use review pursuant to table 15.04.020 shall comply with the applicable procedures and criteria in chapter 15.02.
c.
Secondary uses shall also meet the following additional criteria:
i.
The secondary use as proposed is of a scale and design and in a location that is compatible with surrounding uses and potential adverse impacts of the use will be mitigated to the maximum extent feasible.
ii.
The secondary use as proposed is consistent with the comprehensive plan and the purpose and intent of the code and underlying zoning district.
iii.
The secondary use as proposed will not substantially diminish the availability of land within the underlying zoning district for primary uses, or reduce the availability of land for primary uses below a minimum level necessary to meet the intent of the district.
2.
Affordable housing. Affordable housing includes any development receiving city incentives per a written agreement under chapter 4.79, even if not all dwelling units are classified as affordable. Affordable housing is a permitted use in any district that allows household living uses. Affordable housing is subject to the standards applicable to the specific residential use type.
a.
Applicability. The incentives and obligations for affordable housing and developments including affordable housing provided in this subsection A.2 shall apply only to affordable housing receiving city incentives under a written agreement with the city pursuant to chapter 4.79.
b.
Dwelling unit types allowed. Affordable housing located in residential zoning districts shall be limited to the type of dwelling, as such types of dwellings are defined in section 15.10.010 and listed in table 15.04.020, allowed in that zone.
c.
Duration of affordable housing. Affordable housing eligible for incentives under this section shall be deed restricted as required in section 15.05.220.
d.
Eligibility. Eligibility for purchasers or renters of affordable housing shall be governed by section 15.05.220.
e.
Development incentives for affordable housing.
i.
Eligibility. The city shall approve development incentives described in this subsection A.2.e of this section, to encourage the construction of affordable housing for a development including affordable housing.
(A)
To receive the incentives in subsection A.2.e.ii of this section, a development must provide at least 12 percent of the total units in a development application as either affordable rental housing or affordable owner housing. However, in the event the council agrees to reduce the development's affordable housing requirements under subsection 15.05.220.E.6.c up to 25 percent via a voluntary alternative agreement, the quantity of affordable housing required to receive the incentives in subsection A.2.e.ii of this section, shall also decline proportionately.
(B)
Incentives shall be requested in writing by completing an affordable housing incentive application in the form specified by the director of community services.
(C)
Development incentives in subsection A.2.e.ii of this section, shall be approved administratively by the planning and development services director.
ii.
Development incentives.
(A)
Density bonus. Projects including affordable housing shall be eligible for additional units up to 25 percent above the maximum residential density allowed in the applicable comprehensive plan land use category. For developments proposed to include residential uses, but that are located in areas without corresponding residential density ranges, the multifamily neighborhood density range in the comprehensive plan shall apply.
(B)
Height bonus. Multifamily residential or mixed-use projects including affordable housing shall be eligible for up to one more story than allowed by the applicable zoning district under table 3.19.
(C)
Lot size and lot width reductions. Projects including affordable housing shall have reduced lot size and lot width standards as outlined in section 15.03.080.B.
(D)
Parking reductions. Projects including affordable housing shall be eligible for a reduction as outlined in section 15.05.080.E.3. Market rate units shall provide parking consistent with table 15.05.080(1).
(E)
Financial incentives for providing affordable housing. Development applications providing at least 12 percent of the total units in the application as affordable rental housing or affordable owner housing may also be eligible for fee waivers or fee reductions under chapter 4.79. However, in the event the council agrees to reduce the development's affordable housing requirements under section 15.05.220.E.6.c up to 25 percent via a voluntary alternative agreement, the quantity of affordable housing required to receive the incentives in chapter 4.79 shall also decline proportionately.
(F)
Expedited process for affordable housing projects. Affordable housing projects that provide all required affordable housing units on-site and meet the criteria specified in section 15.02.070.E are eligible for an expedited review process, allowing them to bypass the preliminary plat requirements and proceed directly to the final plat.
3.
On-site storage of supplies, equipment or vehicles. The following standards shall apply to all subject uses that abut a public right-of-way, a residential use, or a residential zoning district boundary, unless the subject use and related activities are entirely enclosed within a building:
a.
Outdoor storage shall comply with the outdoor storage standards in subsection A.4 of this section and in section 15.05.130.A.
b.
Junked vehicles, as that term is defined in section 11.12.030, shall not be stored, maintained, or allowed on the subject property unless the use is an approved vehicle repair or vehicle storage establishment where vehicle storage is expressly permitted. Such storage shall be subject to any applicable screening requirements.
4.
Outdoor display, sales, service/storage areas and activities.
a.
Outdoor display, sales, service/storage areas and activities within 250 feet of a residential lot in a residential zoning district shall require conditional use approval under section 15.02.060.C.
b.
Outdoor displays, sales, service/storage areas and activities shall not be located on a required parking area except for approved temporary outdoor sales.
c.
Outdoor displays, sales, service/storage areas and activities shall not be located within a required landscaped area.
d.
As applicable, all outdoor storage, sales and activities shall comply with the screening requirements stated in section 15.05.130 and the regulations stated in subsection A.2 of this section if the use abuts a public right-of-way, residential use, or residential zoning district boundary.
e.
Outdoor storage shall not be located on a lot adjacent to a highway or arterial street.
5.
Uses with outdoor seating or outdoor activity areas. Uses providing outdoor seating or outdoor activity areas shall comply with the following:
a.
Outdoor seating and activities shall comply with the residential compatibility standards in section 15.05.200.
b.
All outdoor seating and food service areas on public property or right-of-way that meet the definition of the term "business extension," as stated in section 13.37.020, shall comply with applicable requirements stated in chapter 13.37.
c.
The outdoor seating or food service area shall not obstruct the movement of pedestrians through plazas, along adjoining sidewalks, or through other areas intended for public usage.
d.
In approving outdoor seating or food service areas, the decision-making body may impose conditions relating to the location, configuration, and operational aspects of such outdoor areas to ensure that such outdoor areas will be compatible with surrounding uses, will be maintained in an attractive manner, and will comply with applicable building and fire codes.
6.
Conditional uses adjacent to city-owned parks, greenways and open space.
a.
A property is considered adjacent if:
i.
It shares a common property line with a city-owned park, greenway or open space; or
ii.
It is separated from the city-owned park, greenway, or open space by less than 100 feet of right-of-way.
b.
All development adjacent to parks, greenways and open space owned by the city shall be processed in accordance with section 15.04.020.A.2.
B.
Residential uses.
1.
Co-housing.
a.
Design requirements.
i.
The minimum project size shall be one acre.
ii.
The setbacks from the applicable zoning district shall apply only to the project boundaries as a whole, and not to individual co-housing dwellings.
iii.
Each detached co-housing dwelling unit shall be separated by a minimum of five feet, subject to building code requirements.
b.
Operation and ownership.
i.
Each co-housing dwelling shall be on a permanent foundation and connected to public water and sanitary sewer.
ii.
Co-housing projects may be organized as condominiums, cooperatives, or other form allowed pursuant to state law.
iii.
The co-housing development shall not be subdivided into individual lots for dwellings.
2.
Dwelling, single-family detached and attached.
a.
In the MU-D zoning district, single-family detached dwellings shall not be located on lots adjacent to Main Street and shall only be located on a block face with existing single-family dwellings; single-family attached dwellings shall not be located in a Main Street storefront.
b.
In all mixed-use zoning districts, single-family attached dwellings shall comply with the minimum density under section 15.03.080.B.3.
3.
Dwelling, live/work.
a.
Subject to building code area limits and requirements for live/work units.
b.
In the MU-D zoning district, work component open to the public shall be located in a Main Street storefront.
4.
Dwelling, multifamily.
a.
In the MU-D zoning district, multifamily dwellings shall not be located in a Main Street storefront in the 200 through 500 inclusive blocks.
b.
In the mixed-use zoning districts, multifamily dwellings shall comply with the minimum density under section 15.03.080.B.3.
5.
Mobile home park or subdivision.
a.
Mobile homes on individual lots, outside of mobile home subdivisions or mobile home parks, are not permitted as permanent dwellings and shall be subject to all other city regulations.
b.
Mobile home parks and subdivisions shall be subject to the applicable review procedures in chapter 15.02 and other provisions of this development code.
c.
Mobile home development shall be subject to the development standards stated in section 15.05.180.
6.
Boardinghouse, roominghouse. In the MU-D zoning district, boardinghouses and roominghouses shall not be located on a lot adjacent to Main Street.
7.
Group care home.
a.
Location. In the MU-D zoning district, group care homes shall not be located on the ground floor on a lot adjacent to Main Street.
b.
Number. Only one group care home is permitted per dwelling unit.
c.
Licensing. Certification or licensing by the applicable governmental agency is a prerequisite to site plan approval or issuance of a certificate of occupancy.
d.
Security and supervision. Group homes shall include a plan for security and supervision of the premises.
e.
Occupancy limits. The number of residents occupying a facility at any one time, including staff and family of staff, shall not exceed building code occupancy limitations.
f.
Development standards for facilities.
i.
No private kitchen facilities shall be located in any bedroom.
ii.
Such use sited in an existing structure and housing more than five clients shall meet the requirements stated in the current city-adopted building code.
iii.
Only housing types allowed in each zoning district are allowed for group care homes. All new or existing structures shall be compatible in terms of building mass, scale, and design with the character of any surrounding residential neighborhood.
g.
Abandonment of use. If active and continuous group care home operations are discontinued for a period of 12 consecutive months in a group care home that was approved under this development code, the use shall be considered abandoned. The use may be reinstated only after obtaining a new site plan approval or waiver.
8.
Sober living home.
a.
Only housing types allowed in each zoning district are allowed for sober living homes.
b.
In the MU-D zoning district, sober living homes shall not be located in a Main Street storefront.
c.
The number of residents occupying a home shall not exceed building code occupancy limits.
9.
Group care facility.
a.
Shall comply with the same standards for a group care home in section 15.04.030.B.7.
b.
In the MU-D zoning district, group care facilities shall not be located on a lot adjacent to Main Street.
10.
Independent living facility.
a.
Only housing types allowed in each zoning district are allowed for independent living facilities.
b.
In the MU-D zoning district, independent living facilities shall not be located on a lot adjacent to Main Street.
11.
Rehabilitation and treatment facilities. Shall comply with the same standards for a group care home in section 15.04.030.B.7. In addition, shall comply with the following:
a.
All halfway houses shall comply with the reporting requirements stated in chapter 9.48.
b.
Rehabilitation and treatment facilities shall include a plan for security and supervision of the premises.
c.
Rehabilitation and treatment facilities shall be located a minimum of 500 feet from a residential lot in a residential zoning district.
C.
Public, institutional and civic uses.
1.
Assembly uses.
a.
Location and access.
i.
In R-RU and R-SF zoning districts, vehicle access from local streets shall be avoided to the maximum extent practicable.
ii.
In the MU-D zoning district, assembly uses shall not be located in a Main Street storefront.
b.
R-RU, R-MH, MU-N, N-PE, and N-AG zoning districts. Assembly uses shall not exceed 15,000 square feet.
c.
R-SF, R-MN, R-MF, MU-D, MU-E, MU-R, and N-PF zoning districts. Assembly uses larger than 15,000 square feet shall require conditional use approval under section 15.02.060.C.
2.
Cemetery or interment facility.
a.
Grave sites shall be set back from property lines a minimum of 20 feet.
b.
Crematoriums and alkaline hydrolysis facilities are prohibited.
3.
Convention and conference center.
a.
Location. In the MU-D zoning district, convention and conference centers shall not be located in a Main Street storefront.
b.
MU-D, MU-E, MU-R, and N-PF zoning districts. Convention and conference centers larger than 15,000 square feet shall require conditional use approval under section 15.02.060.C.
4.
Day care, commercial.
a.
Regulatory compliance.
i.
All daycare facilities must comply with applicable local, state, and federal regulations, including, but not limited to, licensing, health, safety, and staffing requirements.
ii.
Prior to commencing operations, daycare operators must submit proof of compliance to the city. This may include, but is not limited to:
(A)
A valid state childcare license.
(B)
Health and safety inspection reports.
b.
New developments.
i.
All newly developed commercial daycare facility sites established after August 12, 2025, in any zoning district must obtain site plan review approval from the City of Longmont before commencing operations.
ii.
In addition to the standard site plan review application requirements, applicants must submit the following:
(A)
Business summary. A detailed overview of the daycare operation.
(B)
Environmental buffer study. Required for sites located in any zoning district. This study must be conducted by an environmental consultant, environmental engineer, or environmental health specialist and assess a 500-foot radius around the property. The study must include:
1.
Prior site activities: Evaluation of historical land uses that may have introduced hazards.
2.
Current site activities: Assessment of any ongoing operations that could pose environmental risks.
3.
Environmental contamination: Identification of potential contaminants in soil, air, or water.
4.
Physical hazards inspection for visible contamination or other site hazards.
5.
Hazardous building materials: Evaluation of any hazardous materials in existing structures, as defined by the International Fire Code (IFC) and local fire code.
c.
Existing buildings.
i.
All commercial daycare centers or facilities established within existing buildings after August 12, 2025, must obtain a site plan waiver approval from the City of Longmont before commencing operations.
ii.
In addition to the standard site plan waiver application requirements, applicants must submit the following:
(A)
Business summary. A detailed overview of the daycare operation.
(B)
Environmental buffer study. Required for sites located in any zoning district. This study must be conducted by an environmental consultant, environmental engineer, or environmental health specialist and assess a 500-foot radius around the property. The study must include:
1.
Prior site activities: Evaluation of historical land uses that may have introduced hazards.
2.
Current site activities: Assessment of any ongoing operations that could pose environmental risks.
3.
Environmental contamination: Identification of potential contaminants in soil, air, or water.
4.
Physical hazards: Inspection for visible contamination or other site hazards.
5.
Hazardous building materials: Evaluation of any hazardous materials in existing structures, as defined by the International Fire Code (IFC) and local fire code.
d.
Additional requirements.
i.
In the N-PE zoning district, commercial day care uses shall not exceed 15,000 square feet.
ii.
In the MU-D zoning district, commercial day care uses shall not be located in a Main Street storefront.
e.
Unmitigated hazards.
i.
No daycare will be allowed to commence operations within 500 feet of any unmitigated hazard as evaluated and determined by an environmental buffer study.
ii.
For purposes of this section, an unmitigated hazard is defined as a condition or site characteristic that presents a potential threat to the health, safety, or welfare of children and staff at a daycare facility, where such a hazard has not been addressed, reduced, or eliminated through appropriate mitigation measures. This includes, but is not limited to:
(A)
Environmental contaminants: Unaddressed contamination of soil, water, or air from hazardous substances, such as lead, asbestos, volatile organic compounds (VOCs), or industrial pollutants.
(B)
Proximity to high-risk facilities: Location near chemical plants, fuel storage tanks, hazardous waste sites, or other high-risk industrial or transportation infrastructure where exposure to hazardous materials or accidents could occur.
(C)
Natural hazards: Presence of flood zones, wildfire-prone areas, seismic risks, or unstable geologic conditions that pose a threat to the safety of the facility's occupants.
(D)
Structural or mechanical risks: Buildings or sites with known fire code violations, inadequate structural integrity, or deficient safety systems that have not been corrected through appropriate remediation efforts.
iii.
The planning director shall determine if the appropriate mitigation measures required to address hazards impacting the siting of daycare facilities has been addressed. Mitigation measures must effectively reduce or eliminate risks to the health and safety of children and staff. The planning director's determination will be based on the severity of identified hazards, feasibility of mitigation, and overall site suitability for a daycare facility. Mitigation measures may include, but are not limited to:
(A)
Environmental contaminant remediation. Addressing soil, water, or air contamination through removal, containment, or treatment.
(B)
Structural or site modifications. Requiring building reinforcements, fire safety upgrades, or stabilization measures for at-risk sites.
iv.
Appeals. A party in interest, as defined in section 15.02.040.K.4, may appeal the planning director's determination concerning mitigation of hazards in the manner provided section 15.02.040.K.8.
5.
Day care, residential.
a.
Day care facilities shall be operated in the permanent residence of the provider.
b.
Day care facilities shall provide care for no more than 12 children under the age of 18 years or eight adults. All residents of the home and all children and adults on the premises who receive care in the facility are included in the total number of children allowed.
c.
Day care facilities shall comply with all federal, state and local regulations.
6.
Emergency services. Emergency service uses shall front on and have direct access to an arterial or collector street. The decision-making body may impose conditions to limit use of sirens or other potential significant adverse impacts.
7.
Funeral facility.
a.
Funeral facilities with or without crematory or alkaline hydrolysis facilities shall be located a minimum of 500 feet from a residential lot in a residential zoning district.
b.
In the MU-D zoning district, funeral facilities shall not be located in a Main Street storefront.
8.
Library, museum or art center. In the R-MN and R-MF zoning districts, such uses shall not exceed 15,000 square feet unless located within a vertically mixed-use building.
9.
Penal/correctional institution. Private institutions or facilities are not allowed.
10.
Performing arts center or auditorium.
a.
Location. In the MU-D zoning district, performing arts centers and auditoriums shall not be located in a Main Street storefront.
b.
R-MF zoning district. Performing arts centers and auditoriums shall not exceed 15,000 square feet unless located within a vertically mixed-use building.
c.
MU-D, MU-E, and MU-R zoning districts. Performing arts centers and auditoriums larger than 15,000 square feet shall require conditional use approval under section 15.02.060.C.
11.
Reception or banquet hall.
a.
Location. In the MU-D zoning district, reception or banquet halls shall not be located in a Main Street storefront.
b.
R-MF zoning district. Reception or banquet halls shall not exceed 15,000 square feet unless located within a vertically mixed-use building.
c.
MU-D, MU-E, MU-R, and N-PF zoning districts. Reception or banquet halls larger than 15,000 square feet shall require conditional use approval under section 15.02.060.C.
d.
N-PE and N-AG zoning district. Reception or banquet halls shall not exceed 15,000 square feet.
12.
Medical or dental clinic. In the R-MN and R-MF zoning districts, medical or dental clinics shall not exceed 5,000 square feet unless located within a vertically mixed-use building.
13.
Medical laboratory or research facility. In the MU-D zoning district, medical or dental clinics shall not be located in a Main Street storefront and uses greater than 10,000 square feet in the MU-D and MU-R zoning districts shall require conditional use approval under section 15.02.060.C.
D.
Commercial uses.
1.
General agriculture.
a.
Parcels with agricultural uses shall be at least one acre.
b.
At least one acre of open pasture area is required for livestock.
c.
No more than one principal dwelling shall be allowed on each parcel.
d.
Structures for keeping farm animals shall be set back from the property line a minimum of 20 feet.
e.
The maximum number of livestock shall not exceed one animal unit per one acre of open area. Animal units are calculated based on the following animal unit chart:
2.
Kennel.
a.
Location. Kennels with outdoor activities shall not be located within 500 feet of a residential lot in a residential zoning district. Kennels that are entirely enclosed (indoor) shall not be located within 250 feet of a residential lot in a residential zoning district.
b.
Enclosed building requirement. The parts of a building where animals are boarded shall be fully enclosed and secured and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises.
c.
Kennels with outdoor facilities.
i.
Outdoor activity areas of animal care facilities shall be located and designed to minimize impacts on surrounding properties.
ii.
Overnight boarding in animal care facilities shall occur indoors between the hours of 7:00 p.m. and 7:00 a.m.
3.
Veterinary clinic or hospital.
a.
A veterinary clinic or hospital shall comply with the same requirements for a kennel in subsection D.2 of this section, except that veterinary clinics or hospitals in the MU-N, MU-D, and MU-R zoning districts shall not include any outdoor runs, remains disposal, or other activities.
b.
In the MU-D zoning district, veterinary clinics or hospitals shall not be located in a Main Street storefront.
c.
Veterinary clinics or hospitals with outdoor runs or remains disposal through cremation or alkaline hydrolysis and within 500 feet of a residential lot in a residential zoning district shall require conditional use approval under section 15.02.060.C.
4.
Commercial entertainment and recreation facilities.
a.
The city may require a nuisance abatement plan or restrict hours of operation as a condition of approval to minimize adverse impacts on adjacent properties.
b.
Outdoor commercial entertainment facilities shall require conditional use approval under section 15.02.060.C.
c.
In the N-PE zoning district, indoor commercial recreation facilities shall not exceed 25,000 square feet.
5.
Commercial health facilities or clubs.
a.
In the R-MN and R-MF zoning districts, commercial health facilities or clubs shall not exceed 5,000 square feet unless located within a vertically mixed-use building.
b.
In the N-PE zoning district, commercial health facilities or clubs shall not exceed 15,000 square feet.
6.
Golf course and/or swimming and tennis club.
a.
In the R-MN and R-MF zoning districts, only swimming and tennis clubs are allowed, and such uses in the R-MN zoning district shall not exceed 5,000 square feet unless located within a vertically mixed-use building.
b.
In the MU-C and N-PE zoning districts, only swimming and tennis clubs are allowed, and such uses in the N-PE shall not exceed 15,000 square feet.
7.
Indoor shooting range.
a.
The city may require a nuisance abatement plan or restrict hours of operation as a condition of approval to minimize adverse impacts on adjacent properties.
b.
Indoor shooting ranges within 250 feet of a residential lot in a residential zoning district shall require conditional use approval under section 15.02.060.C.
c.
The city public safety department shall review all indoor shooting range applications and shall forward recommendations for the decision-making body's consideration.
8.
Bar or nightclub. Bars and nightclubs shall not be located within 250 feet of a residential lot in a residential zoning district.
9.
Brewery, cidery, distillery or winery.
a.
Generally. Breweries, distilleries, cideries, or wineries located within 250 feet of a residential lot in a residential zoning district shall require conditional use review under section 15.02.060.C and shall comply with the residential compatibility standards in section 15.05.200.
b.
Breweries, distilleries, cideries, or wineries shall utilize best management practices and available technology to minimize potential adverse odors associated with the use.
c.
MU-N, MU-C, MU-D, and MU-R Zoning Districts. Breweries, cideries, distilleries, or wineries over 5,000 square feet in the MU-N and MU-D zoning districts and over 15,000 square feet in the MU-C and MU-R zoning districts shall require conditional use approval under section 15.02.060.C.
10.
Commercial kitchen or catering establishment. In the MU-D zoning district, commercial kitchens or catering establishments shall be permitted in a Main Street storefront only if they include accessory retail sales.
11.
Restaurant.
a.
In the R-MN and R-MF zoning districts, restaurants shall not exceed 5,000 square feet unless located within a vertically mixed-use building.
b.
Restaurants with a liquor license located within 250 feet of a residential lot in a residential zoning district shall require conditional use approval under section 15.02.060.C and shall comply with the residential compatibility standards in section 15.05.200.
12.
Restaurant, with drive-through.
a.
Shall comply with the standards governing vehicle stacking areas and drive-through facilities under section 15.05.080.I.
b.
Restaurants with drive-through facilities located within 250 feet of a residential lot in a residential zoning district shall comply with the residential compatibility standards in section 15.05.200.
13.
Artist studio. In the R-MN and R-MF zoning districts, artist studios shall not exceed 5,000 square feet unless located within a vertically mixed-use building.
14.
Bank or financial institution.
a.
Drive-through uses are prohibited in the MU-D zoning districts.
b.
Drive-through uses in the MU-N zoning district shall require conditional use approval under section 15.02.060.C.
c.
If a drive-through is included in other zoning districts, the use shall comply with the standards governing vehicle stacking areas and drive-through facilities in section 15.05.080.I.
15.
Business service establishment. In the R-MN and R-MF zoning districts, business service establishments shall not exceed 5,000 square feet unless located within a vertically mixed-use building.
16.
Data, radio, TV, or other broadcasting studio or facility. If outdoor receiving and/or transmission facilities are provided, the use requires conditional use approval under section 15.02.060.C.
17.
Office.
a.
In the R-MN and R-MF zoning districts, offices shall not exceed 5,000 square feet unless located within a vertically mixed-use building.
b.
In all residential districts and in the N-AG and N-PF zoning districts, only government services offices shall be allowed.
18.
Personal services, general.
a.
Drive-through uses are prohibited in the MU-D zoning district.
b.
Drive-through uses in the MU-N zoning district shall require conditional use approval under section 15.02.060.C.
c.
If a drive-through is included in other districts, the use shall comply with the standards governing vehicle stacking areas and drive-through facilities in section 15.05.080.I.
19.
Retail sales, general.
a.
Size limitations and approvals required.
i.
Retail sales in the R-MN and R-MF zoning districts shall only be permitted on the first floor of a vertically mixed-use building. Stand-alone retail buildings are prohibited.
ii.
Retail sales over 10,000 square feet in the MU-D zoning district and over 25,000 square feet in the MU-N zoning district shall require conditional use review under section 15.02.060.C.
b.
Drive-through.
i.
All drive-throughs shall comply with the standards governing vehicle stacking areas and drive-through facilities in subsection 15.05.080.I.
ii.
Drive-through uses are prohibited in the MU-D zoning districts.
iii.
New drive-through uses shall not be located on a lot adjacent to Main Street in the MU-C zoning district. Existing uses prior to December 12, 2022 shall be nonconforming pursuant to chapter 15.08.
iv.
Drive-through uses in the MU-N zoning district shall require conditional use approval under subsection 15.02.060.C.
c.
Outdoor retail sales are prohibited, except as allowed as an accessory use under section 15.04.040.C.6.
20.
Retail sales, marijuana establishment or store. Permitted only in compliance with chapter 6.70.
21.
Bed and breakfast. In the MU-D zoning district, bed and breakfast uses shall not be located in a Main Street storefront.
22.
Hotel. In the MU-D zoning district, motels are prohibited.
23.
Short-term rental. For short-term rentals, see section 15.02.080.D.
24.
Car wash.
a.
In the MU-C zoning district new car washes shall not be located on a lot adjacent to Main Street. Existing uses prior to December 12, 2022 shall be nonconforming pursuant to chapter 15.08.
b.
Car washes shall comply with the storage and accessory sales of materials and equipment standards for vehicle fueling stations in subsection 15.04.030.D.27.
c.
Car washes within 250 feet of a residential lot in a residential zoning district shall require conditional use approval under subsection 15.02.060.C.
25.
Equipment sales, rental, and repair. Equipment sales, rental, or repair uses shall be subject to the following standards:
a.
Outdoor display, storage, sales, rental, or repair shall require conditional use approval under section 15.02.060.C.
b.
Vehicle or equipment displays shall not be located within a required buffer area and no portion of the vehicle or equipment shall exceed 20 feet in height.
c.
New outdoor vehicle or equipment displays shall not be located directly adjacent to Main Street. Existing uses prior to December 12, 2022 shall be nonconforming pursuant to chapter 15.08.
d.
Not more than one vehicle display pad, which may be elevated up to two feet above adjacent displays or grade, shall be permitted per 100 feet of street frontage. There shall also be no racks that tilt vehicles in any way to show the underside, unless they are used inside a showroom. Motor vehicle display shall not be allowed on top of any building.
e.
No other materials for sale shall be displayed between the principal structure and the street.
26.
Parking lot or structure.
a.
In the MU-D zoning district, a surface parking lot shall not be located on a lot adjacent to Main Street.
b.
In the MU-C zoning district, new surface parking lots shall not be entirely located adjacent to Main Street. At least 50 percent of any provided surface parking shall be located away from Main Street. Existing uses prior to December 12, 2022 shall be nonconforming pursuant to chapter 15.08.
c.
Parking structures shall comply with standards in subsection 15.05.120.C.9.
27.
Vehicle fueling station. Vehicle fueling stations shall comply with the following standards:
a.
Location and minimum separation.
i.
In the MU-D and MU-C zoning districts, new vehicle fueling stations, except for electric vehicle charging stations, shall not be located on a lot adjacent to Main Street. Existing uses prior to December 12, 2022 shall be nonconforming pursuant to chapter 15.08.
ii.
Such uses, except for electric vehicle charging stations, located within 250 feet of any school, day care center, residential use or residential zoning district shall require conditional use approval under section 15.02.060.C.
b.
Storage and accessory sales of materials and equipment.
i.
No outdoor displays of vehicle equipment, including tires, shall be allowed.
ii.
Storage of unlicensed, inoperable, or junked vehicles is prohibited.
iii.
Long-term storage of vehicles for more than 30 days shall be prohibited.
c.
Fuel pump location.
i.
Fuel pumps, excluding electric vehicle charging stations, shall be located at least 30 feet from all property lines.
ii.
Fuel pumps shall be oriented away from adjacent residential uses.
iii.
All tanks containing fuel, oil, waste oils and greases, or similar substance shall be placed underground at least 30 feet from any property line, and vented, according to state health and safety requirements.
d.
Fuel pump canopy. A canopy over the fuel pumps may be erected provided the following conditions are met:
i.
The height of the canopy from the ground to the underside of the canopy shall not exceed 16 feet.
ii.
The canopy structure shall not be enclosed.
iii.
The canopy shall use the same architectural and design treatment, including roof forms, materials and colors, as the principal building.
iv.
All lighting on the underside of the canopy shall be recessed. A maximum of 25 percent of each canopy facade area visible from a public street may be illuminated. Each side of a fuel pump canopy shall be considered a separate facade area.
e.
Repair work.
i.
All permitted repair work, vehicle washing, lubrication, and installation of parts and accessories shall be performed within an enclosed structure.
ii.
All dismantled vehicles, parts, and repair supplies shall be stored within an enclosed building or totally screened from view by a solid fence. All vehicles awaiting repair or service shall be stored on-site in approved parking spaces and not on a public right-of-way.
28.
Vehicle repair and maintenance.
a.
Generally.
i.
Vehicle repair and maintenance facilities shall comply with the standards for vehicle fueling stations under section 15.04.030.D.27.
ii.
Vehicle repair and maintenance facilities within 250 feet of any school, day care center, residential use or residential lot in a residential zoning district shall require conditional use approval under section 15.02.060.C.
iii.
Vehicle painting and bodywork facilities shall not be located closer than 500 feet from any school, day care center, residential use or residential lot in a residential zoning district.
iv.
Vehicle painting and bodywork facilities is prohibited in the MU-D and MU-R zoning districts and shall require conditional use approval under section 15.02.060.C in the MU-C and MU-E zoning districts.
v.
Outdoor vehicle repair and maintenance is prohibited in the MU-C and MU-R zoning districts and shall require conditional use approval under section 15.02.060.C in the MU-E zoning district.
b.
MU-D and MU-C Zoning Districts. Vehicle repair and maintenance in MU-D and MU-C zoning districts are subject to the following conditions. Existing uses prior to December 12, 2022 shall be nonconforming pursuant to chapter 15.08.
i.
Shall not be located on a lot adjacent to Main Street.
ii.
Outside activities or work associated with this use is prohibited.
iii.
Substantial bodywork, or any dismantling or storage of wrecked vehicles, is prohibited.
29.
Vehicle sales and rental.
a.
In the MU-R zoning district, vehicle sales are limited to new car dealerships.
b.
Vehicle sales and rental shall comply with the standards for equipment sales, rental, and repair under section 15.04.030.D.25.
c.
Vehicle sales and rental within 250 feet of a residential lot in a residential zoning district shall require conditional use approval under section 15.02.060.C.
30.
Adult or sexually-oriented business. All adult or sexually oriented business uses shall comply with the distance/spacing, licensing, and operational standards stated in chapter 6.65.
E.
Industrial uses.
1.
Artisanal manufacturing.
a.
In the MU-D zoning district, artisanal manufacturing is permitted in a Main Street storefront only if it includes accessory retail.
b.
In the MU-N and MU-D zoning districts, artisanal manufacturing uses over 5,000 square feet shall require conditional use approval under section 15.02.060.C.
c.
In the MU-C and MU-R zoning districts, artisanal manufacturing uses over 15,000 square feet shall require conditional use approval under section 15.02.060.C.
d.
Outdoor activities and storage are allowed only as an accessory use under section 15.04.040.C.6.
2.
Light industrial.
a.
In the MU-C zoning district, light industrial uses over 5,000 square feet shall require conditional use approval under section 15.02.060.C.
b.
Outdoor activities and storage are allowed only as an accessory use under section 15.04.040.C.6.
3.
Medium industrial. For uses with outdoor activities and storage greater than allowed as an accessory use under section 15.04.040.C.6, conditional use approval shall be required under section 15.02.060.C.
4.
Mining operation. A mining operation constitutes a city and state approved interim use for a property subject to an approved reclamation plan.
5.
Oil and gas well operation or facility. All oil and gas well operations and facilities shall comply with the procedures and standards in section 15.05.090.
6.
Printing, publishing and production facility. In the MU-D zoning district, printing, publishing and production facilities shall not be in a Main Street storefront.
7.
Contractor's shop. Outdoor storage of equipment, supplies, or vehicles may be stored on site, except that any material stored on-site shall not exceed a height of eight feet.
8.
Self-storage warehouse.
a.
Self-storage warehouses shall not be located on a lot adjacent to a highway or arterial street.
b.
Self-storage warehouse facilities shall provide adequate drive aisles between all buildings for vehicle circulation and fire and emergency access.
c.
Self-storage warehouse facilities are allowed one on-site resident manager/caretaker living unit.
d.
All buildings in the self-storage warehouse facility shall be architecturally compatible with the surrounding development in terms of architectural style and building materials and colors.
e.
Hours of public access to a self-storage warehouse adjacent to a residential zoning district shall be restricted to 7:00 a.m. to 10:00 p.m. unless the applicant demonstrates that the use will not create an adverse impact through screening, buffering, noise mitigation, or other techniques.
9.
Wholesale trade. In the MU-D zoning district, wholesale trade is permitted in a Main Street storefront only if it includes accessory retail.
10.
Airport and associated uses. Airport and associated uses shall satisfy all applicable requirements of the FAA and the local airport rules and regulations.
11.
Bus, railroad or public transit terminal.
a.
In the MU-D zoning district, bus, railroad, or public transit terminals shall not be located on a lot in the 200 through 800 blocks adjacent to Main Street.
b.
Terminals within 500 feet of a residential lot in a residential zoning district shall require conditional use approval under section 15.02.060.C.
12.
Recycling facilities.
a.
Small collection facility.
i.
Small collection facilities in the MU-C zone district are not permitted on properties adjacent to Main Street.
ii.
All materials shall be stored within an enclosed building or totally screened from view by a minimum height eight-foot masonry wall.
iii.
Hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m.
b.
Large collection facility.
i.
Shall not be located closer than 250 feet from any residential use or residential lot in a residential zone district.
ii.
All materials shall be stored within an enclosed building or totally screened from view by a minimum height eight-foot masonry wall.
iii.
Hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m.
c.
Light processing facility.
i.
Shall not be located closer than 250 feet from any residential use or residential lot in a residential zone district.
ii.
All materials shall be stored within an enclosed building or totally screened from view by a minimum height eight-foot masonry wall.
iii.
Hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m.
d.
Heavy processing facility.
i.
Shall not be located closer than 1,000 feet from any residential use or residential lot in a residential zone district.
ii.
All materials shall be stored within an enclosed building or totally screened from view by a minimum height eight-foot masonry wall.
iii.
Hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m.
F.
Public and semi-public utility uses.
1.
Wireless telecommunication facility. All wireless telecommunication facilities shall comply with the standards in section 15.05.170. Where required by state law, wireless telecommunications facilities in the right-of-way shall be a permitted use subject to the standards and regulations of this Code.
(Code 2009, § 15.04.030; Ord. No. O-2019-17, § 2, 3-19-2019; Ord. No. O-2021-16, § 6, 3-30-2021; Ord. No. O-2021-36, § 3, 7-13-2021; Ord. No. O-2022-54, § 3, 11-29-2022; Ord. No. O-2024-60, § 3, 9-24-2024; Ord. No. O-2025-43, § 2, 8-12-2025; Ord. No. O-2025-55, § 1, 10-14-2025; Ord. No. O-2025-68, § 2, 10-28-2025)
Sec. 15.04.040. - Accessory uses and structures.
A.
Purpose. The purpose of this section is to authorize the establishment and continuation of land uses and structures that are incidental and customarily subordinate to principal uses. This section is intended to allow a broad range of accessory uses and structures provided they are listed in table 15.04.020 and comply with the standards in this section.
B.
General standards for all accessory uses and structures.
1.
Relationship to principal use or structure.
a.
Except as otherwise allowed in this development code, an accessory use or structure shall not be established or constructed before the establishment or construction of the principal use or structure.
b.
If the principal use or structure is destroyed or removed, the accessory use or structure shall be considered nonconforming.
c.
For properties zoned residential, the total floor area of any one accessory structure shall not exceed 50 percent of the floor area of the principal structure, except as allowed under subsection C.1 of this section.
d.
For properties zoned residential, the total floor area of all accessory structures shall not exceed 75 percent of the total floor area of the principal structure.
e.
Accessory uses shall not be permitted as the exclusive use of any property.
f.
Accessory structures in residential districts shall not be taller than the principal structure.
2.
Location of accessory uses and structures.
a.
No accessory structure shall be located within any platted or recorded easement or over any known utility, or in an area designated as a fire lane or emergency access route on an approved site plan.
b.
No accessory structure shall impede the access to or function of a vehicle use area.
c.
Accessory structures more than 120 square feet in size shall be located a minimum of five feet from the property line. Accessory structures less than 120 square feet shall not occupy more than 50 percent of the combined required rear and side setbacks and shall be located a minimum of three feet from the property line and located to accommodate lot drainage.
d.
Accessory structures shall not be located closer to the front property line than the principal structure.
3.
Same ownership required. Accessory uses and structures, and principal uses and structures, shall be under the same ownership.
4.
Use of accessory structures. Accessory structures, except for accessory dwelling units, shall not be used for living or sleeping quarters and shall not contain plumbing capable of facilitating sanitary facilities such as a bathroom (e.g., toilet, bathtub, or shower) or cooking facilities (e.g., a power outlet capable of supporting an electric stove or a gas line capable of fueling a gas stove). Accessory structures, including garages, shall not be used for the storage of goods, vehicles, or maintenance tools related to another use off-site.
C.
Standards applicable to accessory uses.
1.
Accessory dwelling unit. See section 15.02.080.E.
2.
Day care center. In the R-SF, R-MN, and R-MF zoning districts, a day care center is permitted only as an accessory to a nonresidential use.
3.
Dwelling unit for owner, caretaker or employee.
a.
Except for properties in the R-MH zoning district, these units shall be permitted only as an accessory to a nonresidential use.
b.
Only one such dwelling unit per property shall be allowed.
c.
In nonresidential zoning districts, the dwelling unit shall be inside or attached to the principal building.
4.
Home occupations. It is the intent of this subsection to regulate home occupations so that the average neighborhood resident, under normal circumstances, will not be negatively impacted by and will be minimally aware of their existence. Home occupations shall meet the following standards:
a.
Home occupations shall only be permitted as accessory to a principal residential use.
b.
Home occupations shall be conducted entirely within the principal structure or an accessory structure associated with the residential use, and shall be carried on by at least one resident of the principal dwelling as well as no more than one additional nonresident.
c.
Home occupations shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character of the property.
d.
Size for home occupation:
i.
For home occupations not serving the public at the location, the total area used for the home occupation shall not exceed an area representing 50 percent of the gross floor area of the principal dwelling unit.
ii.
For home occupations engaged in serving the public at the location, the total area used for the home occupation shall not exceed an area representing 15 percent of the gross floor area of the principal dwelling unit unless the area of the home occupation is a live/work unit as defined in the building code as adopted by the city.
e.
There shall be no advertising or other display or indications of a home occupation.
f.
There shall be no substantial retailing or wholesaling of stocks, supplies, or products conducted on the premises of a home occupation; however, delivery of retail products to the consumer off the premises, such as in the course of a mail order business, shall be permitted.
g.
There shall be no exterior storage on the premises of supplies or material used in the home occupation, nor of any chemically hazardous, explosive, or combustible material within the dwelling or upon the exterior of the property.
h.
A home occupation shall provide additional off-street parking area adequate to accommodate all needs created by the home occupation, without changing the residential character of the premises.
i.
A home occupation shall not generate or result in nuisances such as traffic, on-street parking, noise, vibration, odor, glare, fumes, electrical interference, or hazards greater than that usually associated with residential uses.
5.
Livestock uses.
a.
Applicability. Livestock uses, as specified on the animal unit chart, shall be permitted as accessory uses only by public and private educational agencies and scientific research facilities, provided that the following requirements are met.
b.
Plan required. An operation plan shall be submitted to and approved by the director. The following issues shall be satisfactorily resolved:
i.
Control of odors, noise, insects, pests and rodents;
ii.
Waste disposal;
iii.
Containing and cleaning the runoff from the site;
iv.
Containing the animals;
v.
Lighting the facilities;
vi.
Hours of operation of equipment such as tractors, trucks, feed mills, feed-processing operations and other noise- and dust-producing equipment necessary for operation.
c.
Setbacks.
i.
Livestock uses located within 1,000 feet of a residential lot in a residential zoning district shall require conditional use approval under section 15.02.060.C.
ii.
All buildings associated with the accessory use shall be located a minimum of 50 feet from all property lines.
d.
Minimum amount of open area. A minimum area of one acre of open area is required.
e.
Maximum number of animals. The maximum number of animals must not exceed 1½ animal units per one acre of open area if the animals are to be primarily located outside. Animal units are calculated based on the animal unit chart below. For animals contained within a structure, the maximum number of animals permitted shall be determined by recognized livestock industry standards.
6.
Outdoor sales, display of merchandise, storage or other activity. Outdoor sales, display of merchandise, storage, or other activity shall be limited to ten percent of the total gross floor area of the principal use, and shall comply with the standards for outdoor service, storage, equipment, loading, and display in section 15.05.130.
7.
Recycling collection point.
a.
Recyclable materials shall be collected and stored in a completely enclosed building unless the director determines that completely enclosed containers located adjacent to or behind a building will be compatible with the surrounding businesses and neighborhood.
b.
No materials shall be left outside of the building or containers.
8.
Retail sales.
a.
Retail sales as part of industrial and warehouse uses.
i.
All retail sales shall be conducted within the same structure housing the principal industrial or warehouse use, and no permanent outdoor retail sales activity shall be allowed;
ii.
Items for sale shall either be manufactured by the principal use or part of the principal warehouse's stock;
iii.
Maximum area of the accessory retail use shall be 25 percent of the total gross floor area of the principal use.
b.
Retail sales as part of agricultural uses.
i.
Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.
ii.
Items for sale shall be agricultural goods produced on-site (excluding livestock of any type or form) as part of an allowed agricultural use.
iii.
The maximum area of the accessory retail use shall be 25 percent of the area of all buildings on the parcel.
9.
Storage or parking of vehicles or recreational equipment. In the MU-D and N-AG zoning districts, these uses shall be allowed only as accessory to residential uses.
10.
Vehicle rental accessory to self-storage warehouse.
a.
No more than five trucks or trailers available for rent shall be allowed on-site.
b.
Rental trucks and trailers shall be parked when not in use behind or in-between the warehouse buildings and screened according to the standards in this development code.
11.
Vehicle wash bay. A single-bay car wash shall be allowed only as accessory to a permitted gasoline service station use, public vehicle storage and maintenance facility, or motor vehicle sales and rental use.
12.
Other accessory uses, as determined by the director. The director shall have the authority to determine other appropriate accessory uses not otherwise listed as such in table 15.04.020. if such uses comply with the general standards in subsection B of this section, comply with applicable review criteria, and do not adversely impact surrounding properties.
D.
Standards applicable to accessory structures.
1.
Flagpoles, satellite dishes and antennas, solar energy systems, and wind turbines.
a.
The height shall not exceed the maximum structure height for the zoning district in which they are located, except that roof-mounted solar energy systems may exceed the structure height per table 15.03.080(2).
b.
Satellite dishes and antennas, solar energy systems, and wind turbines shall not be located in the front setback in a residential zoning district.
c.
Ground-mounted solar energy systems shall represent the lowest profile as technically feasible.
2.
Residential garages and carports.
a.
Height. The maximum height shall not exceed the height of the principal structure.
b.
Size. The maximum size shall not exceed half of the size of the gross floor area of the principal dwelling unit. However, a dwelling unit with a gross floor area of less than 1,000 square feet shall be allowed a detached garage or carport up to 500 square feet.
(Code 2009, § 15.04.040; Ord. No. O-2021-30, § 4, 6-29-2021; Ord. No. O-2025-35, § 3, 6-3-2025)
Sec. 15.04.050. - Temporary uses.
A.
Purpose. The purpose of this section is to authorize the establishment of certain uses and structures of a limited duration. This section is intended to ensure that such uses or structures do not negatively impact adjacent land, are discontinued upon the expiration of a set period of time, and do not involve the construction or alteration of any permanent building or structure.
B.
Applicability.
1.
Activities that require a temporary use permit. The following temporary uses shall require a temporary use permit:
a.
Temporary event;
b.
Seasonal and holiday sales;
c.
Real estate sales office;
d.
Retail mobile food vending;
e.
Cell on wheels; and
f.
Other temporary uses described in subsection D.6 of this section.
See chapter 13.04 for work in the right-of-way and chapter 13.37 for use of public places.
2.
Exempt activities. The following events or activities are exempt from the requirements of this section, but remain subject to this development code and this Code:
a.
Temporary events or activities occurring within, or upon the grounds of, a private residence or upon the common areas of a multifamily residential development.
b.
Temporary uses and structures needed as the result of a natural disaster or other health and safety emergencies during the period of the emergency.
C.
General standards applicable all temporary uses.
1.
Traffic. The use shall be served by streets or drives with improvements adequate to accommodate the anticipated type and quantity of traffic that such temporary use will or could reasonably generate in addition to existing traffic.
2.
Parking. The use shall provide adequate parking area and improvements, either on-site or at alternate locations, adequate to accommodate anticipated vehicular traffic reasonably expected to be generated by such use in addition to existing traffic.
3.
Signs. Any signs permitted under the permit shall comply with chapter 15.06.
4.
On-site lighting. All on-site lighting shall conform to the outdoor lighting provisions of section 15.05.140, and shall be removed when the permit expires, unless authorized by other provisions of this Code.
5.
Waste material. The temporary use permittee is responsible for storage and removal of all waste material on the site. All waste storage areas shall be screened from view from adjacent rights-of-way and residential areas, and the site shall be maintained in a clean and safe manner.
6.
Noise. All temporary uses shall comply with noise standards in sections 10.20.100 and 10.20.110 unless exempted by other provisions of this development code.
7.
Hours of operation. The decision-making body may restrict the hours of operation to mitigate impacts of the use on surrounding properties and uses.
8.
Review criteria. All temporary uses shall meet the requirements of section 15.02.080.C.
D.
Specific temporary use standards.
1.
Temporary events.
a.
Referral authorized. A completed temporary use application shall be referred to other appropriate city departments or agencies for approval, as needed.
b.
Grounds for denial of permit. An application for a temporary event permit may be denied upon the director's written determination that one or more of the following exists:
i.
The application contains intentionally false or materially misleading information;
ii.
The proposed event creates an unreasonable risk of significant:
(A)
Damage to public or private property beyond normal wear and tear;
(B)
Injury to persons;
(C)
Public or private disturbances or nuisances;
(D)
Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel;
(E)
Additional police, fire, waste removal, maintenance, or other public services demands; or
(F)
Other adverse effects upon the public health, safety or welfare.
iii.
The proposed special event is of such a nature, size, or duration that the particular location requested cannot reasonably accommodate the event; or
iv.
The time and location requested for the proposed special event has already been permitted or reserved for other activities.
c.
Term of permit. An event authorized under this subsection shall be limited to a maximum duration of 14 days, which may be nonconsecutive, unless otherwise specifically authorized by the director.
2.
Temporary seasonal and holiday sales.
a.
Locations permitted. Seasonal and holiday sales activities shall be permitted in all nonresidential zoning districts.
b.
Term of permit. The term of the temporary use permit shall not exceed 60 days, which may be nonconsecutive, unless otherwise specifically authorized by the director, or restricted by another provision of this Code.
c.
Standards. Permitted sales activities may occur within required zoning district setbacks provided the following conditions are satisfied:
i.
No activity or display shall encroach more than 50 percent into a required setback;
ii.
No activity or display shall be located within 25 feet of an abutting residential lot or use;
iii.
No activity, display, or related equipment shall be located within a required intersection or driveway sight triangle; and
iv.
No activity shall be within a required landscape buffer, nor occupy more than ten percent of a required off-street parking area.
3.
Real estate sales office and model homes.
a.
Locations permitted. Temporary real estate sales offices, including model or show homes, shall be permitted in all zoning districts when incidental to a new residential development.
b.
Term of permit. The temporary use permit shall automatically expire 30 days after completion of construction of the last housing unit or one year after issuance, whichever occurs first. Permits may be renewed in one-year increments upon written request and a finding that the use is in compliance with the original permit.
c.
Commencement of use. A real estate sales office or model home shall not be moved onto or erected on the development site until construction acceptance for the development has been granted, unless the public improvement agreement stipulates another date.
d.
Activities allowed.
i.
Temporary real estate sales offices and model homes shall be used only as temporary field offices for new home sales or leasing and for storage of incidental supplies, and shall not be used as any type of dwelling.
ii.
Use of the temporary real estate sales office or model home for sales of residential sites or projects located off-site is prohibited.
iii.
A model home shall not be open for public viewing or business before 8:00 a.m. or later than 8:00 p.m.
e.
Building setbacks. All temporary real estate sales offices and model homes shall comply with the building setbacks in the zoning district in which the building is located.
f.
Off-street parking. An accessible paved parking area for visitors shall be provided if the director determines on-street parking is not sufficient.
g.
Restroom facilities. Americans with Disabilities Act (ADA) compliant restroom facilities shall be provided for all temporary real estate sales offices and model homes.
h.
Completion of use. Upon termination of the permit, all temporary real estate sales offices shall be removed, and all model/show homes closed for viewing and the site of the temporary office use shall be returned to its original condition.
4.
Retail mobile food vending.
a.
Locations permitted. Mobile retail food establishments and pushcarts are permitted in all nonresidential zoning districts subject to the following separation requirements:
i.
They shall be located at least 250 feet from any restaurant, measured in a direct line from the mobile retail food establishment or pushcart to the nearest edge of the building of a restaurant, unless written permission is obtained from all restaurant owners within 250 feet of the proposed mobile retail food establishment or pushcart location.
ii.
Exception: Ice cream vendors are permitted in residential zoning districts.
b.
Criteria for operation.
i.
A mobile retail food vending permit is required and must be kept with the mobile retail food or pushcart operators and presented to authorized city officials upon request.
ii.
Operators are responsible for obtaining consent of property owners to operate on private property.
iii.
Operators are responsible for maintaining trash receptacles and maintaining all areas used for food vending in a safe and clean condition and must dispose of all waste in accordance with health department regulations.
iv.
Mobile retail food establishments and pushcarts must be removed from any site at the end of each business day (unless otherwise approved).
v.
Operators must obey all parking and traffic laws.
vi.
Mobile retail food establishments and pushcarts must not obstruct pedestrian or bicycle access or passage, or parking lot circulation nor impede traffic flow.
vii.
Structures, canopies, tables or chairs must not be set up around the mobile retail food establishment or pushcart.
viii.
If operated on public property (including city rights-of-way), operators must have liability insurance in amounts of $1,000,000.00 per occurrence, as approved by the city risk manager, and must provide a certificate of insurance naming the city as an additional insured. Applicant can petition city manager for full or partial waiver of this insurance requirement.
c.
Term of the permit. All permits shall be valid for one year from the date of issuance.
5.
Cell on wheels.
a.
Locations permitted. Cells on wheels (COW) shall be permitted in all mixed-use and nonresidential zoning districts.
b.
Term of permit. The term of the temporary use permit shall not exceed 180 days unless otherwise authorized by the director, or restricted by another provision of this Code. The permit may be renewed on an as-need basis with approval from the director.
c.
Setbacks. A cell on wheels shall meet the greater of the following minimum setbacks from all property lines:
i.
The setback requirements for buildings within the applicable zoning district; or
ii.
The maximum tower height of the COW including antennas.
d.
Facility height. COW facility height including antennas shall not exceed the maximum building height of the applicable zoning district.
e.
Landscaping and screening. The director may require landscaping and screening where adjacent or nearby properties or tenants may be impacted.
f.
Site plan review. COWs are subject to site plan review or waiver, taking into consideration the proposed location of the COW, the height of the COW, and its visual impacts on the surrounding neighborhood.
6.
Other temporary uses. Subject to this section and the temporary use procedures and criteria in section 15.02.080.C, the director may approve other temporary uses and activities if it is determined that such uses do not adversely impact surrounding properties.
(Code 2009, § 15.04.050)