All uses shall be subject to the general provisions and exceptions prescribed in Chapter 22.34.

(Ord. No. 1458, § V, 5-15-2024)

In addition to the objectives prescribed in Section 22.02.010, the purpose of the C Commercial Districts is to:

A.

Provide appropriately located areas for retail stores, offices, service establishments, cultural and entertainment establishments and wholesale businesses offering various ranges of commodities and services scaled to meet the needs of the different geographical areas and various categories of patrons they serve;

B.

Provide opportunities for retail stores, offices, service establishments and wholesale businesses to concentrate for the convenience of the public and in a mutually beneficial relationship;

C.

Provide space for community facilities and institutions which appropriately may be located in commercial areas;

D.

Provide adequate space to meet the needs of commercial development, including off-street parking and truck loading areas;

E.

Minimize traffic congestion and to avoid the overloading of utilities;

F.

Protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, fire, explosion, noxious fumes and other objectionable influences and hazards incidental to industrial uses;

G.

Provide activated ground-floor commercial areas, particularly in the Downtown area.

H.

Encourage economic development in a way that attracts investment, fosters entrepreneurship, and supports the long-term sustainability of commercial enterprises in commercial areas.

(Ord. No. 1458, § V, 5-15-2024)

The following uses shall be permitted:

A.

Accessory structures and uses, not including warehouses, on the same site with and necessary for or incidental to the operation of a permitted use;

B.

Dispensary—cannabis; subject to Chapter 5.29, Commercial Cannabis;

C.

Dwelling units located above the ground floor of a building;

D.

Educational institutions;

E.

Event rental businesses;

F.

Financial institutions;

G.

General retail sales, except for sensitive retail uses;

H.

Health care clinics, medical outpatient facilities, and medical and dental offices;

I.

Hotels and motels;

J.

Low-barrier navigation centers;

K.

Nurseries, and garden supply stores, provided that all equipment, supplies and merchandise other than plants shall be kept within a completely enclosed building and that fertilizer of any type shall be stored and sold in packaged form only;

L.

Personal services including, but not limited to, hair salons, laundering services, and pet grooming;

M.

Physical fitness facilities;

N.

Professional services and offices;

O.

Religious institutions;

P.

Restaurants and other food and beverage service establishments, including restaurants serving wine and beer only, but not including restaurants serving liquor;

Q.

Supportive housing; R: Along major thoroughfares, the following uses:

1.

Mortuaries;

2.

Vehicle and vehicle accessory sales and services.

3.

Public entertainment venues;

4.

Veterinarians' offices and animal hospitals including short-term boarding of animals and incidental care such as bathing and trimming, providing all operations are conducted within a completely enclosed building.

(Ord. No. 1458, § V, 5-15-2024)

The following uses shall be permitted:

A.

Accessory structures and uses, not including warehouses, on the same site with and necessary for or incidental to the operation of a permitted use;

B.

Bars and nightclubs;

C.

Dispensary—cannabis; subject to Chapter 5.29, Commercial Cannabis;

D.

Dwelling units located above the ground floor of a building;

E.

Educational institutions;

F.

Financial institutions;

G.

General retail sales, except for sensitive retail uses;

H.

Health care clinics, medical outpatient facilities, and medical and dental offices;

I.

Hotels;

J.

Low-barrier navigation centers;

K.

Nurseries, and garden supply stores, provided all equipment, supplies and merchandise other than plants shall be kept within a completely enclosed building and fertilizer of any type shall be stored and sold in packaged form only;

L.

Personal services;

M.

Physical fitness facilities;

N.

Private clubs, lounges, and lodges,

O.

Professional services and offices;

P.

Public entertainment venues;

Q.

Public and private libraries, art galleries, and museums;

R.

Public and private philanthropic institutions;

S.

Religious institutions;

T.

Restaurants and other food and beverage service establishments, including restaurants serving wine, beer, and/or liquor;

U.

Supportive housing;

V.

Wholesale establishments without stocks.

(Ord. No. 1458, § V, 5-15-2024)

The following uses shall be permitted:

A.

Accessory structures and uses on the same site with and necessary for or incidental to the operation of a permitted use;

B.

Agricultural product processing;

C.

Contracting and construction establishments;

D.

Craftsmanship establishments;

E.

Dispensary—cannabis; subject to Chapter 5.29, Commercial Cannabis;

F.

Dwelling units located above the ground floor of a building;

G.

Educational institutions;

H.

Establishments for the care of domestic animals, including, but not limited to, veterinarian clinics, animal hospitals, animal boarding, and animal grooming;

I.

Event rental businesses;

J.

Financial institutions;

K.

Freight and transportation stations;

L.

General retail sales, except for sensitive retail uses;

M.

Homeless shelters, emergency, subject to the development and operational standards of Section 22.34.230, Homeless Shelters.

N.

Hotels and motels;

O.

Low-barrier navigation centers;

P.

Machinery and equipment manufacturing, sales, and repair;

Q.

Nurseries, and garden supply stores, provided all equipment, supplies and merchandise other than plants shall be kept within a completely enclosed building and fertilizer of any type shall be stored and sold in packaged form only;

R.

Packing and shipping establishments;

S.

Personal services including, but not limited to, hair salons, laundering services, and pet grooming;

T.

Physical fitness facilities;

U.

Professional services and offices;

V.

Public entertainment venues;

W.

Public utility structures and installations;

X.

Religious institutions;

Y.

Restaurants and other food and beverage service establishments, not including restaurants serving alcoholic beverages, except beer and/or wine only;

Z.

Supportive housing;

AA.

Vehicle and vehicle accessory sales and services;

BB.

Warehouses and storage;

CC.

Wholesale establishments.

(Ord. No. 1458, § V, 5-15-2024)

The following conditional uses shall be permitted upon the granting of a conditional use permit, in accord with the provisions of Chapter 22.40.

A.

Pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines found by the Planning Commission to be necessary for the public health, safety, or welfare.

B.

Gasoline service stations, except as follows:

1.

The NC and CC Districts shall not include automotive repair services; all operations except the sale of gasoline and oil shall be conducted within a building enclosed on at least three sides;

2.

A gasoline filling station-may be permitted on a corner provided that all signs, gasoline filling pumps, and other equipment, including vehicles tending to obstruct the sight distance, shall be located at least 25 feet from the street line and side property line;

3.

Any existing gasoline service station which-provides automotive service, repair, maintenance, accessory sales, and installation, and/or other related services or products-or maintains the availability of air and water for tires, batteries, and radiators, shall not discontinue such services, product availability or maintenance without first receiving approval of a conditional use permit.

C.

Accessory structures and uses located on the same site with and necessary for or incidental to the operation of a conditional use.

D.

[Reserved.]

E.

Dog fanciers;

F.

Except as provided in the SC District pursuant to Section 22.16.070, Homeless shelters, ongoing, within permitted religious or philanthropic institutions. In addition to the applicable conditions of use permit approval pursuant to Section 22.40.070, Homeless Shelters, Ongoing, within permitted religious or philanthropic institution, are subject to the development and operational standards of Section 22.34.230, Homeless Shelters;

G.

Parking lots and garages improved in conformity with the standards prescribed for required off-street parking facilities in Chapter 22.36;

H.

Massage businesses;

Provided on the basis of the conditional use permit application and the evidence submitted, in addition to the findings required pursuant to Section 22.40.070, a conditional use permit shall be granted only if the Zoning Administrator, or the Planning Commission makes all the following additional findings of fact:

1.

The use will not be detrimental to other businesses in the area.

2.

The use as proposed and at the location requested will not create a potentially adverse impact on surrounding uses.

3.

Approval of the use will not constitute an over-concentration of this use within a given commercial area. An over-concentration is defined as greater than one massage business per acre.

4.

The operation of the use will not be a nuisance to neighboring properties or businesses.

I.

Drive-through restaurants;

J.

In the NC Neighborhood Commercial District:

1.

Private clubs, lounges, and lodges;

2.

Public and private philanthropic institutions;

3.

Public and private libraries, art galleries, and museums;

4.

Public entertainment venues not along major thoroughfares;

5.

Group care and rehabilitation facilities;

6.

Clinics;

7.

Liquor stores;

8.

Bars and nightclubs, provided on the basis of the conditional use permit application and the evidence submitted, in addition to the findings required pursuant to Section 22.40.070, a conditional use permit shall be granted only if the Zoning Administrator, or the Planning Commission makes all the following additional findings of fact:

1.

The proposed use will not adversely affect the welfare of the area residents, or result in an undue concentration of establishments dispensing alcoholic beverages in the area.

2.

The proposed use is located at an appropriate distance from religious facilities, schools, public parks and playgrounds, and other similar uses.

3.

The applicant has committed to employing only bartenders who have been certified through the responsible beverage service training program, pursuant to State law;

9.

Restaurants serving liquor, but not including restaurants serving beer and/or wine only;

10.

Packing and shipping establishments.

K.

In the CC Central Commercial District:

1.

Retail firearm, firearm services, and firearm accessories;

2.

Pawnshops;

3.

Bail bond shops (on or above the second floor, not on sites with frontage on Main Street or Ferry Street);

4.

Check cashing shops;

5.

Group care and rehabilitation facilities;

6.

Clinics;

7.

Liquor stores;

8.

Event rental businesses.

9.

Packing and shipping establishments;

10.

Storage buildings for household goods (including mini-storage and self-storage facilities);

11.

Storage garages;

12.

Dwelling units located on the ground floor of a building.

L.

In the SC Service Commercial District:

1.

Retail firearm, firearm services, and firearm accessories;

2.

Pawnshops;

3.

Bail bond shops (on or above the second floor, not on sites with frontage on Main Street or Ferry Street);

4.

Check cashing shops;

5.

Group care and rehabilitation facilities;

6.

Private clubs, lounges, and lodges;

7.

Public and private philanthropic institutions;

8.

Public and private libraries, art galleries, and museums;

9.

Group care and rehabilitation facilities;

10.

Clinics;

11.

Liquor stores;

12.

Hotels and motels;

13.

Light manufacturing uses involving only the assembly, packaging, repairing or processing of previously prepared material;

14.

Mortuaries.

15.

Bars and nightclubs, provided on the basis of the conditional use permit application and the evidence submitted, in addition to the findings required pursuant to Section 22.40.070, a conditional use permit shall be granted only if the Zoning Administrator, or the Planning Commission makes all the following additional findings of fact:

1.

The proposed use will not adversely affect the welfare of the area residents, or result in an undue concentration of establishments dispensing alcoholic beverages in the area.

2.

The proposed use is located at an appropriate distance from religious facilities, schools, public parks and playgrounds, and other similar uses.

3.

The applicant has committed to employing only bartenders who have been certified through the responsible beverage service training program, pursuant to State law.

16.

Restaurants serving liquor, but not including restaurants serving beer and/or wine only.

M.

Other similar uses as determined by the Planning Commission, Zoning Administrator, Community and Economic Development Director, Planning Manager, or designee.

(Ord. No. 1458, § V, 5-15-2024)

A.

In the NC and CC districts, all business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, and garden shops.

B.

In all districts, any use not conducted entirely within an enclosed structure, on a site abutting or across a street or alley from the R, PA, NC, or CC district, shall be screened by a solid masonry wall, board fence, or compact evergreen hedge not less than six feet in height, if found by the Planning Commission or Zoning Administrator to be unsightly.

C.

In all districts, where the property line of a site adjoins property in the R or PA district, a solid masonry wall or board fence six feet in height shall be located on the property line.

D.

In the SC district, open storage of materials and equipment shall be permitted within an enclosed area bordered by a solid masonry wall, fence, or evergreen hedge, at least six feet tall. This storage area cannot be in the front or side yard facing the street on a corner lot, and materials or equipment cannot be stored higher than the wall, fence, or hedge.

E.

In the CC District, applicants for a planning entitlement shall demonstrate that any ground floor frontage includes some form of activation by means of window displays, product displays, public art, or other pedestrian-oriented visual display. For non-retail uses, full transparency where pedestrians can clearly view the interior of the building shall qualify as activation.

(Ord. No. 1458, § V, 5-15-2024)

A.

The minimum front yard setback shall be as prescribed in Table 22.16.170, subject to the exceptions listed below:

Table 22.16.170 - Front Yard

B.

Exceptions.

1.

In the NC district, on a site abutting on property in a residential district and fronting on the same street, the minimum front yard setback shall be not less than the required front yard setback of the adjoining site in the residential district.

2.

In the CC and SC districts, no structure shall be closer than 15 feet to a street intersection, except portions of a structure which are less than three and one-half feet or more than eight feet above sidewalk grade and one column, not exceeding one foot in any horizontal dimension shall not be subject to this requirement.

3.

In the CC and SC districts, on a site abutting on property a residential district and fronting on the same street, the minimum front yard setback shall be not less than one-half the required front yard setback on the adjoining site in the residential district.

(Ord. No. 1458, § V, 5-15-2024; Ord. No. 1463, § VIII, 10-23-2024)

A.

The minimum side yard setback shall be as prescribed in Table 22.16.180, subject to the exceptions listed below:

Table 22.16.180 - Side Yard

B.

Exceptions.

1.

In the NC district, on a site abutting on property in a residential district and fronting on the same street, the minimum side yard setback shall be not less than the required side yard setback with development incentive bonus of the adjoining site in the residential district.

2.

In the CC and SC districts, no structure shall be closer than 15 feet to a street intersection, except portions of a structure which are less than three and one-half feet or more than eight feet above sidewalk grade and one column, not exceeding one foot in any horizontal dimension shall not be subject to this requirement.

3.

In the CC and SC districts, on a site abutting on property in a residential district and fronting on the same street, the minimum side yard shall be not less than one-half the required side yard on the adjoining site in the residential district.

(Ord. No. 1458, § V, 5-15-2024; Ord. No. 1463, § VIII, 10-23-2024)

A.

The minimum rear yard setback shall be as prescribed in Table 22.16.190, subject to the exceptions listed below:

Table 22.16.190 - Rear Yard

B.

Exceptions.

1.

In the CC and SC districts, where the rear property line of a site adjoins property in a residential district or a PA district, the minimum rear yard setback shall be ten feet.

(Ord. No. 1458, § V, 5-15-2024; Ord. No. 1463, § VIII, 10-23-2024)

The maximum floor area ratio ("FAR") shall comply with the requirements listed in Table 22.16.195.

Table 22.16.195 - Floor Area Ratio

(Ord. No. 1463, § VIII, 10-23-2024)

No structure shall exceed 30 feet in height (increased to 40 feet with development incentive pursuant to Chapter 22.81) in the NC or SC districts. In the CC district, the height of structures shall not exceed 40 feet, or three stories (increased to 50 feet or four stories with development incentive pursuant to Chapter 22.81). Taller structures may be permitted if, upon submission of an application, an exception is granted pursuant to Chapter 22.45.

(Ord. No. 1458, § V, 5-15-2024; Ord. No. 1463, § VIII, 10-23-2024)

Areas between the property line and structures or off-street parking or loading facilities shall be landscaped with plant material and permanently maintained.

(Ord. No. 1458, § V, 5-15-2024)

Off-street parking and loading facilities shall be provided in accordance with the requirements of Chapter 22.36.

(Ord. No. 1458, § V, 5-15-2024)