This section provides regulations applicable to development and new land uses in the commercial zoning districts established by Section 36.04 (Zoning Districts Established). The purposes of the individual commercial zoning districts are as follows:

a.

CN (Commercial-Neighborhood) district. The CN zoning district provides convenient shopping for surrounding residential neighborhoods, including retail and service uses that members of the public can obtain from the business (e.g., grocery stores, cleaners, restaurants, beauty salons, tax preparation and similar and related compatible uses). The CN zoning district is not intended for uses that may attract traffic from outside the local area. The CN zoning district is consistent with the neighborhood commercial land use designation of the general plan.

b.

CS (Commercial-Service) district. The CS zoning district allows service commercial and industrial uses that serve local residents and businesses. These uses include automotive repair, retail and wholesale businesses, carpentry shops, veterinary clinics and similar and related compatible uses. The CS zoning district is consistent with the general commercial land use designation of the general plan.

c.

CO (Commercial-Office) district. The CO zoning district permits general business offices, medical, professional, real estate, financial and other offices and similar and related compatible uses. The CO zoning district is consistent with the office land use designation of the general plan.

d.

CRA (Commercial/Residential-Arterial) district. The CRA zoning district permits a broad range of commercial, office and residential uses located along the city's major arterials. Businesses in this district are intended to serve the local population as well as providing goods to visitors from outside the city. This zoning district is intended for hotels and motels, retail stores, restaurants, offices, housing, similar and related compatible uses. The CRA zoning district is consistent with the mixed-use corridor and general mixed-use land use designations of the general plan.

(Ord. No. 18.13, § 1, 12/10/13.)

The uses of land allowed by this Chapter in each commercial zoning district are identified in the following tables as being:

a.

Permitted subject to compliance with all applicable provisions of this Chapter, including development review and parking requirements, and subject to obtaining any building permit or other permit required by the city code ("P" uses on the tables). Per Section 36.44.45, development review approval is required for changes from one (1) permitted use to another, including changes in property or building use that involve exterior modifications or change the development's required parking.

b.

Allowed subject to approval of a conditional use permit ("CUP") (Section 36.48).

c.

Allowed subject to approval of a temporary use permit ("TUP") (Section 36.46).

d.

Land uses listed, as specifically defined in this Chapter, and on the tables in a particular zoning district(s) shall only be allowed in the specific zoning district(s) in which it is listed. Such uses can only be allowed in other zoning district(s) upon approval of a text amendment as provided by Section 36.52.35 (Zoning Amendments). These uses cannot be named as similar uses as determined by the zoning administrator through the conditional use permit process or Section 36.58.30 (Procedures for Interpretation).

e.

Land uses that are not listed on the tables are not allowed, except where otherwise provided by Section 36.06.40 (Determination of Allowable Land Uses) or Section 36.06.50 (Exemptions from Zoning Permit Requirements).

LAND USES AND PERMIT REQUIREMENTS BY COMMERCIAL DISTRICT

NOTE 1: Where the last column on the following tables ("See Section") includes a section number, there are specific regulations and/or a specific definition in the referenced section that apply to the use; however, provisions in other sections may apply as well.

NOTE 2: Changes from one (1) permitted use to another require development review approval.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 9.18, § 3, 10/23/18; Ord. No. 10.19, § 2, 6/25/19; Ord. No. 16.19, § 9, 10/22/19; Ord. No. 7.20, § 3, 6/23/20; Ord. No. 11.20, § 17, 11/10/20; Ord. No. 1.2023, § 3, 2/14/23; Ord. No. 01.2024, § 10, 1/23/24.)

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a.

Limitation on use. No goods may be produced on a premise in the CN zoning district except those to be sold at retail on the same premises.

b.

Offices. May be allowed by conditional use permit only where the zoning administrator determines that the proposed use is neighborhood-serving consistent with the purpose statement in Section 36.18. and sufficient parking is provided.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Office and research and development uses. Office and research and development uses as defined in Section 36.60.33 may be permitted in the CS zoning district, subject to the following criteria:

1.

Office and research and development uses may be permitted in multi-tenant buildings up to a maximum of forty-five (45) percent of the allowable floor area on each parcel. Ancillary office area, as determined by the zoning administrator, in tenant spaces occupied by nonoffice uses shall not be counted toward this percentage;

2.

Existing buildings with office and research and development uses that exceed the criterion in subsection 1 must be brought into compliance by December 31, 2009 unless a conditional use permit has been granted to allow an extension to the nonconforming use. The zoning administrator may approve an extension up to January 1, 2040, subject to a determination that significant investment in buildings and improvements to serve the nonconforming office and research and development uses have been made with city approval and that significant remaining lifespan remains for these improvements.

(Ord. No. 18.13, § 1, 12/10/13.)

Limited research and development uses are allowed in the CRA district upon approval of a conditional use permit. The intent is to allow small-scale businesses that are office-like (such as software and Internet companies) and are compatible with the commercial, office and residential uses commonly found in the area; that do not involve manufacturing or the use of hazardous materials (except those normally associated with office buildings such as cleaning materials); and are located in buildings developed (or redeveloped) for office uses and not in individual tenant spaces in multi-center retail centers.

(Ord. No. 18.13, § 1, 12/10/13.)

New land uses and structures and alterations or modifications to existing uses or structures shall be designed and constructed in compliance with the following requirements in all commercial zones.

a.

Facility upgrading required. Any major alteration or expansion (as determined by the zoning administrator) that requires development review shall incorporate measures to upgrade all existing facilities to extent feasible within lot constraints (structures, parking, landscaping, signs, etc.) to the current standards of this Chapter.

b.

Appearance of structures. Where minimum structure setbacks are provided, streetscape interest and relief shall be provided through special attention to facade treatment, planters, awnings and similar features.

c.

Rooftop equipment. All rooftop equipment must be screened on all sides with an opaque screen, parapet or architectural feature that is compatible with the building materials, form and design at a height equal to or greater than the installed equipment height. The height of the roof screen may be up to twelve (12) inches less than the height of the rooftop equipment so long as the equipment is not visible from adjacent property line(s) or a sidewalk(s) on the opposite side of the street. Exceptions to height limits for screening are set forth in Section 36.08.30 (e).

d.

Ground-level equipment. All exterior ground-level equipment must be fully screened and located within an enclosure constructed of solid masonry or other suitable building materials consistent with the on-site exterior building materials, form and design at a height to fully screen the equipment, but no taller than eight (8) feet in height. On a case-by-case basis, the zoning administrator may consider and approve additional height to further screen the equipment. Ground-level equipment may include, but is not limited to, ground-water pumping equipment, generators and mechanical equipment.

e.

Trash enclosures. Trash enclosures shall be provided in all projects and shall be constructed of solid masonry or other suitable building materials, consistent with the building on-site, and shall be a minimum of six (6) feet in height, with solid, view-obstructing gates and a concrete pad in front to accommodate lifting and dropping of the dumpster. Trash enclosures shall be located in inconspicuous locations.

f.

Fences and walls. Any fences or walls in required setbacks, other than front and street side setback areas, may not exceed seven (7) feet in height, subject to development review (see Section 36.44.45). On a case-by-case basis, the zoning administrator may consider and approve fences or walls of additional height to meet business security needs.

g.

Late-night use and activities. The following standards apply to businesses abutting (either adjacent to or across the street from) residentially zoned properties with ongoing operations or activities between 11:00 p.m. and 6:00 a.m.

1.

Businesses abutting residentially zoned properties that are open or have ongoing activities between the hours of 11:00 p.m. and 6:00 a.m. shall be operated in a manner to protect residential properties from excessive noise from any sources during those hours.

2.

Upon substantial evidence that businesses' ongoing operations between the hours of 11:00 p.m. and 6:00 a.m. are creating excessive noise, the zoning administrator shall hold a public hearing in accordance with Section 36.48 (Conditional Use Permit) and may apply additional or modified conditions of approval necessary to ensure the operation is compatible with the adjoining residentially zoned property. Said use permit shall be limited to operations or activities occurring between 11:00 p.m. and 6:00 a.m.

h.

Facade and site modifications. Per Section 36.44.45, development review approval is required for exterior modifications to existing structures and site changes (including, but not limited to, new or modified landscaping, fencing, changes to parking lot striping or circulation). Exterior modifications performed and/or constructed without appropriate approvals shall require approval through development review of the alteration(s) or to return the building to its original condition. The zoning administrator may require additional improvements to make the building conform to acceptable standards for the area or zone district. Exterior modifications include, but are not limited to, the covering or blocking of window openings, which shall retain visibility between interior and exterior activities unless a permit for exterior modification has been approved through this process.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 20.19, § 6, 12/10/19; Ord. No. 01.2024, § 11, 1/23/24.)

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New land uses and structures and alterations or modifications to existing uses or structures shall be designed and constructed in compliance with the following requirements:

CN ZONE DEVELOPMENT STANDARDS

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 5.18, § 4, 4/24/18; Ord. No. 01.2024, § 12, 1/23/24.)

New land uses and structures and alterations or modifications to existing uses or structures shall be designed and constructed in compliance with the following requirements:

CO ZONE DEVELOPMENT STANDARDS

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 13, 1/23/24.)

New land uses and structures and alterations or modifications to existing uses or structures shall be designed and constructed in compliance with the following requirements:

CRA ZONE DEVELOPMENT STANDARDS

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 14, 1/23/24.)

The following special standards apply to the specified land uses in the CRA zoning district:

a.

Hotels and motels. Hotels and motels are allowed only on sites with an area of twenty thousand (20,000) square feet or larger, shall have a maximum FAR of one and thirty-five hundredths (1.35) and comply with the setback and height standards listed in subsection 36.18.50 b.

b.

Accessory dwelling units. Accessory dwelling units shall be permitted on residential sites and shall comply with the provisions of Sections 36.12.60 through 36.12.120.

c.

Residential and mixed-use projects. New residential and mixed-use developments shall be designed and constructed in compliance with the following requirements:

DEVELOPMENT STANDARDS FOR RESIDENTIAL AND MIXED USE

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 11.20, § 18, 11/10/20; Ord. No. 01.2024, § 14, 1/23/24.)

New land uses and structures and alterations or modifications to existing uses or structures shall be designed and constructed in compliance with the following requirements:

CS ZONE DEVELOPMENT STANDARDS

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 5.18, § 5, 4/24/18; Ord. No. 01.2024, § 15, 1/23/24.)