(a)

General use provisions. All developments must be mixed-use residential and contain both of the following, except as otherwise provided by state law:

(1)

Minimum of fifty (50) percent of gross square footage for residential use per Article 54; and

(2)

Non-residential uses meeting the minimum floor area ratio requirements.

(b)

Permitted uses. The following uses shall be permitted in the MU-40 District:

(1)

Duplexes and multiple-family dwellings;

(2)

Accessory buildings and uses;

(3)

Community care facilities for six (6) or fewer persons;

(4)

Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter;

(5)

Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5;

(6)

Retail stores, shops, and other uses, including, but not limited to, food markets, drug stores, liquor stores and retail restaurants, but excluding firearms sales and any marijuana operation as defined in Article 48 of this chapter;

(7)

Personal services, such as professional offices, shoe repair, barber and beauty shops, laundries and dry cleaning establishments, banks and financial institutions, and massage establishments under six hundred forty (640) square feet of treatment floor space (see licensing requirements Title 5, Chapter 19);

(8)

Business and administrative offices when located entirely above the ground floor of any commercial structure;

(9)

Art galleries and instructional studios for dance and arts or crafts and craft production shops;

(10)

Personal and business service establishments, including financial institutions;

(11)

Offices;

(12)

Newspaper, printing, and lithography plants not exceeding five thousand (5,000) square feet in net usable area;

(13)

Retail restaurants, fast food restaurants, restaurants and bars;

(14)

Household appliance and furniture sales and service in conjunction with sales;

(15)

Veterinary hospitals and clinics; and

(16)

In the Coastal Zone, visitor-serving commercial uses, as defined in Section 9-4.4302(av) of Article 43 of this chapter.

(c)

Conditional uses. Conditional uses allowed in the MU-40 District, subject to obtaining a use permit, shall be as follows:

(1)

Coastal access

(2)

Service stations;

(3)

Retail alcohol sales in conjunction with service stations;

(4)

Mini-markets and similar retail uses in conjunction with services stations;

(5)

Conversion of service stations from full service to self-service;

(6)

Motels and drive-in restaurants;

(7)

Veterinary hospitals and clinics (small animals);

(8)

Special care and child care facilities;

(9)

Business and administrative offices, if located on the ground floor;

(10)

Amusement machine arcades as a new or a part of an existing use;

(11)

Massage establishments with six hundred forty (640) square feet or larger of treatment floor space;

(12)

Restaurants and fast food restaurants;

(13)

Pet care and sales establishments, including boarding and grooming;

(14)

Health/fitness clubs;

(15)

Social halls, clubs, theaters, and nightclubs;

(16)

Vehicle and boat sales and service in conjunction with sales;

(17)

Plumbing, heating, electrical, and appliance repair, service, and supply shops;

(18)

Specialty auto service, such as oil changing facilities, not in conjunction with service stations;

(19)

Car washes;

(20)

Community care facilities for more than six (6) persons.

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

(a)

Basic regulations: See Table 9-4.6002: MU-40 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 67.

Table 9-4.6002: MU-40 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)