The purpose of this zone is to provide for the concentration of major retail goods and services at centers. The intent is to provide for the provision of a variety of goods and services and for comparison shopping, to accommodate new businesses and employment opportunities, to promote a suitable mix of commercial uses, to contribute to community identity and to assure that the commercial development is scaled to blend with nearby residential areas, and that the residential areas are protected from noise, glare of lights, traffic congestion and other possible adverse effects. This zone is intended to implement the policies and locational criteria set forth in the Comprehensive Plan. (Ord. 1745 § 1 (Exh. A), 2023)

A.    A use permitted outright, CDC 19.030, is a use which requires no approval under the provisions of this code, except that some uses require design review pursuant to CDC 19.090(B). If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 80 CDC.

B.    A use permitted under prescribed conditions, CDC 19.050, is a use for which approval will be granted provided all conditions are satisfied, and:

1.    The Planning Director shall make the decision in the manner provided by CDC 99.060(A)(2), Administrative Procedures, except that no notice shall be required; and

2.    The decision may be appealed by the applicant to the Planning Commission as provided by CDC 19.060.

C.    A conditional use, CDC 19.060, is a use the approval of which is discretionary with the Planning Commission. The approval process and criteria for approval are set forth in Chapter 60 CDC, Conditional Uses. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 80 CDC.

D.    The following code provisions may be applicable in certain situations:

1.    Chapter 65 CDC, Non-conforming Uses Involving a Structure.

2.    Chapter 66 CDC, Non-conforming Structures.

3.    Chapter 67 CDC, Non-conforming Uses of Land.

4.    Chapter 68 CDC, Non-conforming Lots, Lots of Record.

5.    Chapter 75 CDC, Variance. (Ord. 1745 § 1 (Exh. A), 2023)

The following uses are permitted outright in this zone:

1.    Agricultural sales.

2.    Agricultural services.

3.    Animal sales and services, grooming.

4.    Building maintenance services.

5.    Business equipment sales and services.

6.    Business support services.

7.    Communications services.

8.    Consumer repair services.

9.    Convenience sales and personal services.

10.    Eating and drinking establishments.

11.    Drive-through restaurants.

12.    Family day care.

13.    Financial, insurance and real estate services.

14.    Food and beverage retail sales.

15.    General retail services.

16.    Hotel/motel, including those operating as extended hour businesses.

17.    Laundry services.

18.    Senior center.

19.    Medical and dental services.

20.    Parking facilities.

21.    Participant sports and recreation, indoor.

22.    Personal service facilities.

23.    Professional and administrative services.

24.    Research services.

25.    Utilities, minor.

26.    Cultural exhibits and library services.

27.    Extended-hour businesses that do not include the construction of a new building or expansion of an existing structure.

28.    Transportation facilities (Type I).

29.    Lodge, social, community center, and civic assembly within the commercial districts along Highway 43, Salamo Road or Blankenship Road.

30.    Religious institutions within the commercial districts along Highway 43, Salamo Road, or Blankenship Road. (Ord. 1226, 1988; Ord. 1411, 1998; Ord. 1590 § 1, 2009; Ord. 1622 § 23, 2014; Ord. 1655 § 2, 2016; Ord. 1745 § 1 (Exh. A), 2023)

1.    Manufacture or repackaging of goods for on-site sale. (Ord. 1686 § 2, 2018; Ord. 1745 § 1 (Exh. A), 2023)

The following uses are allowed in this zone under prescribed conditions:

1.    Residential units above a permitted use or a commercial use or place of assembly authorized as a conditional use (e.g., children’s day care center, superstore, amusement enterprise, transient lodging, religious institution, school, lodge or community center), and multiple-family units: as a mixed use in conjunction with commercial development, only above the first floor of the structure.

2.    Animal sales and services: kennels, as prescribed with no exterior runs or storage.

3.    Animal sales and services: veterinary (small animals), as prescribed with no exterior runs or storage.

4.    Signs, subject to the provisions of Chapter 52 CDC.

5.    Temporary use, subject to the provisions of Chapter 35 CDC.

6.    Home occupations, subject to the provisions of Chapter 37 CDC.

7.    Wireless communication facilities, subject to the provisions of Chapter 57 CDC. (Ord. 1192, 1987; Ord. 1385, 1996; Ord. 1565, 2008; Ord. 1613 § 3, 2013; Ord. 1638 § 3, 2015; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)

The following are conditional uses which may be allowed in this zone subject to the provisions of Chapter 60 CDC, Conditional Uses:

1.    Certified child care center.

2.    Automotive and equipment:

a.    Cleaning.

b.    Repairs, heavy equipment.

c.    Repairs, light equipment.

d.    Sales/rentals, heavy equipment.

e.    Sales/rentals, light equipment.

f.    Storage, recreation vehicles and boats.

3.    Construction, sales and services.

4.    Heliports.

5.    Hospitals.

6.    Light industrial, manufactured.

7.    Light industrial, finished products.

8.    Spectator sports facilities.

9.    Vehicle fuel sales.

10.    Utilities, major.

11.    Wholesale storage and distribution:

a.    Mini-warehouse.

b.    Light.

12.    All single-family homes, which were non-conforming structures and were damaged, whereby the cost of rebuilding the damaged portions would exceed 50 percent of the then current replacement cost of the entire building. Determination of rebuilding costs shall be per CDC 66.070(A).

13.    Household hazardous waste depot.

14.    Super stores.

15.    Amusement enterprises.

16.    Public agency administration.

17.    Public safety facilities.

18.    Public support facilities.

19.    Recycle collection center.

20.    Repealed by Ord. 1622.

21.    Postal services.

22.    Religious institutions not listed as permitted uses in CDC 19.030.

23.    Schools (with under 200 students).

24.    Transportation facilities (Type II). See CDC 60.090 for additional approval criteria.

25.    Lodge, fraternal, community center and civic assembly not listed as permitted uses in CDC 19.030.

26.    Extended hour businesses that include a new building or expansion of an existing structure. (Ord. 1192, 1987; Ord. 1339, 1992; Ord. 1463, 2000; Ord. 1523, 2005; Ord. 1590 § 1, 2009; Ord. 1604 §§ 16, 17, 2011; Ord. 1622 § 23, 2014; Ord. 1675 § 27, 2018; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)

A.    Except as may be otherwise provided by the provisions of this code, the following are the requirements for uses within this zone:

1.    The minimum front lot line length or the minimum lot width at the front lot line shall be 35 feet.

2.    The average minimum lot width shall be 50 feet.

3.    The average minimum lot depth shall not be less than 90 feet.

4.    Where the use abuts a residential district, except as provided in CDC 58.090(C)(1), the setback distance of the residential zone shall apply.

5.    The maximum lot coverage shall be 50 percent, except as provided in CDC 58.090(C)(1)(d).

6.    The maximum building height shall be two and one-half stories or 35 feet for any structure located within 50 feet of a low or medium density residential zone, and three and one-half stories or 45 feet for any structure located 50 feet or more from a low or medium density residential zone.

7.    For lot lines that abut an arterial, there shall be no minimum yard dimensions or minimum building setback area, and the maximum building setback shall be 20 feet. The front setback area between the street and the building line shall consist of landscaping or a combination of non-vehicular hardscape areas (covered with impervious surfaces) and landscaped areas. If there are not street trees within the public right-of-way, the front setback area shall include such trees per the requirements of the City Arborist.

B.    The requirements of subsections (A)(1) through (5) of this section may be modified for developments under the planned unit development provisions of Chapter 24 CDC. (Ord. 1401, 1997; Ord. 1425, 1998; Ord. 1614 § 5, 2013; Ord. 1622 § 24, 2014; Ord. 1745 § 1 (Exh. A), 2023)

Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). (Ord. 1636 § 15, 2014; Ord. 1745 § 1 (Exh. A), 2023)

A.    The following standards apply to all development including permitted uses:

1.    Chapter 34 CDC, Accessory Structures, Accessory Dwelling Units, and Accessory Uses.

2.    Chapter 35 CDC, Temporary Structures and Uses.

3.    Chapter 38 CDC, Additional Yard Area Required; Exceptions to Yard Requirements; Storage in Yards; Projections into Yards.

4.    Chapter 41 CDC, Building Height, Structures on Steep Lots, Exceptions.

5.    Chapter 42 CDC, Clear Vision Areas.

6.    Chapter 44 CDC, Fences.

7.    Chapter 46 CDC, Off-Street Parking, Loading and Reservoir Areas.

8.    Chapter 48 CDC, Access, Egress and Circulation.

9.    Chapter 52 CDC, Signs.

10.    Chapter 54 CDC, Landscaping.

B.    The provisions of Chapter 55 CDC, Design Review, apply to all uses except detached single-family dwellings and approved conditional use applications pursuant to CDC 60.030(C). (Ord. 1590 § 1, 2009; Ord. 1635 § 14, 2014; Ord. 1675 § 28, 2018; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)