Use restrictions in the central business district shall be as follows:

A.    Permitted Uses.

1.    All forms of commerce; geared to the centralized provision of goods and services within easy walking distance. Commercial retail and office use on the first floor, and retail-compatible uses on the second floor;

2.    Multifamily housing located above the first floor or at the rear of a commercial and/or retail occupancy. An exception from the buffering and fencing requirement exists for upper story residences in existing buildings in an area bordered by the tracks to the west, Puget Street to the east, the tracks to the north, and Warner Street to the south. Multifamily housing located above the first floor or at the rear of a commercial and/or retail occupancy per this subsection must also meet the following:

a.    A minimum of seventy-five percent of the first floor area must be designated for commercial and/or retail use.

b.    The commercial and/or retail use shall face the primary street frontage.

c.    Private garages are considered a residential use and shall not count toward commercial and/or retail floor area.

d.    The main entrance to the residential units shall be located at the rear of the building. If rear access is not feasible, the main entrance to the residential units may be incorporated into a maximum of ten percent of the commercial and/or retail floor area facing the primary street frontage at the planning director’s discretion. If the building is located on a corner lot, the main entrance to the residential units shall be located on the side of the building facing the street with less commercial activity;

3.    Multifamily housing, between two and four units per building, may be allowed independent of commercial uses outside of the area bordered by the tracks to the west, Puget Street to the east, the tracks to the north, and Warner Street to the south. Also excluded is property fronting on Metcalf Street, West Ferry Street, West State Street and property abutting the tracks between Rita Street and Walley Street (south of State Street). Multifamily housing per this subsection must also meet the following:

a.    The front entries must be oriented towards the public right-of-way,

b.    The development must meet the requirements of the Sedro-Woolley design standards for the CBD and multifamily development;

4.    Parking lots serving any use; provided they are at the rear of a retail or commercial building, or facing a street other than Metcalf, Ferry, Woodworth, or State;

5.    Repealed by Ord. 1709-11;

6.    Public uses;

7.    Public facilities.

B.    Conditional Uses.

1.    Alcohol serving establishments.

2.    Alcohol production establishments, subject to the following conditions:

a.    A minimum of sixty percent of the building floor area shall be designated for retail/commercial use. Outdoor seating areas are specifically excluded from floor area calculations. Any associated kitchen floor area is specifically included in the calculation for retail/commercial floor area;

b.    The required number of parking spaces shall be calculated by using a combination of Section 17.36.030(G), “high intensity sales and service,” and (M), “industry, wholesaling, warehousing, nonpassenger transportation facilities except ministorage”; and

c.    A maximum of twenty-five percent of the building’s street frontage may be designed to display the production portion of the facility or other nonretail/noncommercial uses; provided, that all other applicable design standards are met. At minimum, seventy-five percent of the building’s street frontage must display a retail/commercial storefront.

3.    All uses not permitted above.

4.    Quasi-public uses.

C.    Prohibited Uses. Adult entertainment establishments; heavy industrial uses as defined in Chapter 17.28; wireless communication towers. (Ord. 2067-24 § 1, 2024; Ord. 2044-23 § 3, 2023; Ord. 1709-11 § 2, 2011; Ord. 1696-11 § 2, 2011; Ord. 1693-10 § 1, 2010; Ord. 1664-10 § 2 (Exh. B) (part), 2010: Ord. 1451-03 § 3, 2003; Ord. 1312-98 § 1 (part); 1998: Ord. 1309-98 § 7, 1998: Ord. 1013 § 2.05.01, 1985)

Bulk restrictions in the central business district (CBD) shall be as follows:

A.    Minimum setbacks: none; maximum setback: ten feet if pedestrian features are included.

B.    Maximum building height: sixty feet. (Ord. 1677-10 § 1 (part), 2010; Ord. 1664-10 § 2 (Exh. B) (part), 2010: Ord. 1451-03 § 4; Ord. 1312-98 § 1 (part); 1998: Ord. 1013 § 2.05.02, 1985)

Minimum lot size requirements in the central business district (CBD) shall be as follows:

A.    Lot area: none;

B.    Lot frontage on a street: twenty feet. (Ord. 1664-10 § 2 (Exh. B) (part), 2010: Ord. 1451-03 § 5; Ord. 1312-98 § 1 (part); 1998: Ord. 1013 § 2.05.03, 1985)

On-site hazardous waste treatment and storage facilities as accessory to a permitted or conditional use are allowed as a conditional use; provided, such facilities comply with the state hazardous waste citing standards and Sedro-Woolley and State Environmental Policy Act requirements. (Ord. 1664-10 § 2 (Exh. B) (part), 2010: Ord. 1312-98 § 1 (part); 1998: Ord. 1063 § 4 (Exh. C § 2.05.04), 1988)

Repealed by Ord. 2096-25. (Ord. 1979-21 § 1 (Exh. A), 2021; Ord. 1664-10 § 2 (Exh. B) (part), 2010: Ord. 1451-03 § 6)