20.28.020 Use regulations.
A. Permitted Uses. Table 20.28-1 identifies the permitted uses in the mixed-use zones.
B. Conditional Uses. Certain uses may be subject to special conditions regarding the location, operation, or design of the use. References to these provisions are made in Table 20.28-1.
C. Prohibited Uses. If a use is not specifically listed in Table 20.28-1, that use is prohibited. However, the director of community development shall have the authority to determine whether the proposed use is permitted based on the finding that the use is similar to and no more detrimental than a particular use permitted in the zone, pursuant to the provisions of CMC 20.08.050(C).
D. Mixed-Use and Residential Uses. Permitted uses identified in Table 20.28-1 may be established on a single site as an integrated project. Stand-alone commercial uses are permitted in the CMU and CivicMU Zones. Residential and mixed-use developments in the CMU and CivicMU Zones are subject to the following restrictions:
1. All mixed-use developments with a residential component shall have less than two-thirds of the total floor area devoted to residential uses.
2. Ground-floor residential is limited to 50 percent of the ground floor square footage and must not be facing on Atlantic Avenue.
3. All Atlantic Avenue street-facing uses shall be commercial.
4. In the CMU Zone, a stand-alone residential development is permitted if street-facing uses are commercial in nature, such as lobbies, leasing offices or recreational facilities.
P CUP A -- | Permitted Use Conditional Use Permit Accessory Use Not Allowed | ||
Land Use | CMU | CivicMU | Specific Use Regulations |
|---|---|---|---|
Business, Financial, and Professional | |||
Automated teller machines (ATMs) | P | P | |
Check cashing and/or payday loans | -- | -- | |
Financial institutions and related services | P | P | |
Office, business, and professional | P | P | |
Eating and Drinking Establishments | |||
Bars and cocktail lounges | CUP | CUP | See Breweries/wineries for brewpubs and wine-tasting |
Restaurant | P | P | (Alcohol Sales) |
Restaurant, drive-through establishment | CUP | -- | (Drive-Through Establishments) |
Outdoor dining | P | P | |
Education | |||
Schools, colleges and universities | CUP | CUP | (Urban Agriculture Overlay Zone) |
Schools, business and professional | CUP | P | (Urban Agriculture Overlay Zone) |
Schools, private (elementary and secondary) | CUP | CUP | (Urban Agriculture Overlay Zone) |
Tutoring and education centers | P | P | (Urban Agriculture Overlay Zone) |
Industry, Manufacturing and Processing, and Warehousing Uses | |||
Breweries, wineries and distilleries | CUP | CUP | (Alcohol Sales) |
Hazardous waste facilities | -- | -- | |
Laboratory | -- | -- | |
Light industrial, manufacturing and assembly | -- | -- | |
Heavy industrial | -- | -- | |
Recycling, collection facility | CUP | -- | |
Recycling facilities | -- | -- | |
Recycling, processing facility | -- | -- | |
Self-storage facility | -- | -- | |
Wholesaling, distribution, and storage | -- | -- | |
Trucking terminal | -- | -- | |
Medical-Related and Care Uses | |||
Day care center, adult | CUP | CUP | |
Day care center, children | CUP | P | (Urban Agriculture Overlay Zone) |
Emergency shelters | P | P | (Emergency Shelters) |
Hospitals | CUP | CUP | |
Medical clinics | P | CUP | In CivicMU Zone, only permitted in upper floors of a mixed-use development |
Medical and dental offices | P | CUP | In CivicMU Zone, only permitted in upper floors of a mixed-use development |
Residential care facilities (7 or more occupants) | CUP | -- | |
Recreation and Entertainment | |||
Amusement arcade | CUP | -- | (Amusement Arcades) |
Casinos and gambling games | -- | -- | |
Commercial recreation, indoors | CUP | -- | (Urban Agriculture Overlay Zone) (for youth centers) |
Commercial recreation, outdoors | CUP | -- | (Urban Agriculture Overlay Zone) (for youth centers) |
Health and physical fitness facilities | P | CUP | |
Commercial entertainment, indoor | CUP | CUP | |
Smoking lounges | CUP | -- | |
Studios, art and music | P | P | |
Studios, recording | CUP | -- | |
Residential Uses | |||
Dwelling, single-family | -- | -- | |
Dwelling, duplex and triplex | -- | -- | |
Dwelling, multifamily | P | P | |
Live/work units | P | P | (Live/Work Units) |
Supportive and transitional housing | P | P | |
Retail Uses | |||
Alcohol beverage sales | CUP | CUP | (Alcohol Sales) Needs city council approval of CUP |
Building material sales and services | -- | -- | |
Cannabis retailer | -- | P | Retail cannabis business permit required. 5.30 (Cannabis Retailers) |
Food and Beverage Sales | |||
a. Grocery stores (includes large, full-service markets) | CUP | CUP | (Alcohol Sales) |
b. Specialty stores (deli, coffee, bakery, produce) | P | P | (Alcohol Sales) |
c. Convenience stores | CUP | -- | (Alcohol Sales) |
d. Liquor stores | -- | -- | |
Pawn shop | CUP | -- | |
Pet stores, inclusive of grooming services | CUP | -- | |
Plant nursery | -- | -- | |
Recreational equipment sales and rentals | CUP | -- | |
Retail sales | P | P | |
Retail carts and kiosks, indoor | A | A | |
Retail carts and kiosks, outdoor | A | A | (Allowed temporary uses) |
Secondhand stores | CUP | -- | |
Swap meets | CUP | -- | |
Tobacco shop | CUP | -- | |
Vehicle, rentals | CUP | -- | No on-site storage or parking of vehicles |
Vehicle, sales | CUP | -- | No on-site storage of vehicles; display only |
Service Uses | |||
Animal boarding/kennels | CUP | -- | |
Animal grooming | P | -- | |
Business services | P | P | |
Equipment rental | CUP | -- | |
Funeral homes and mortuaries | CUP | -- | |
Laboratory | CUP | -- | |
Hotel and motel | CUP | CUP | (Hotels and Motels) |
Massage establishments (primary use) | CUP | CUP | |
Repair services, appliance and small equipment | P | -- | |
Personal services, convenience and improvement | P | P | |
Tattoo shop | CUP | -- | |
Vehicle, automobile washing | CUP | -- | |
Vehicle, major repair | -- | -- | |
Vehicle, minor repair | CUP | -- | |
Vehicle, service station | CUP | CUP | (Service Stations) |
Vehicle, towing/storage | -- | -- | |
Veterinary services | CUP | CUP | |
Transportation, Communications, Government, Assembly and Infrastructure | |||
Antennas and wireless communication facilities | CUP | CUP | (Wireless Facilities) |
Assembly/meeting facilities, public or private | CUP | CUP | |
Government and community facilities, public | CUP | P | |
Off-street parking facilities (garage and common parking lots) | CUP | P | 20.64 (Off-Street Parking) |
Places of religious assembly | CUP | CUP | |
Recharging stations | P | P | |
Stations, bus, railroad, taxicab | CUP | CUP | |
Utility structures and service facilities | CUP | CUP | |
Other | |||
Accessory uses | A | A | |
Drive-through establishments | CUP |
-- | (Drive-Through Establishments) |
Donation boxes | A | A | |
Outdoor storage and display | C | C | 20.28.020(E)(2) through (E)(5) (Allowed temporary uses) |
Vending machines | A | A | |
E. Limitations on Use. The nonresidential component of a mixed-use project shall be a use allowed within the applicable mixed-use zone, subject to the following additional limitations:
1. Uses Restricted to Indoor. Unless otherwise indicated in this chapter, all uses listed in Table 20.28-1 must be conducted wholly within an enclosed building. The following uses or businesses are exceptions to this rule:
a. Outdoor dining and food service in conjunction with a cafeteria, cafe, restaurant, or similar establishment.
b. Newspaper stalls, subject to standards in CMC 20.20.030.
c. Other outdoor sales and display areas as approved pursuant to subsection (E)(4) of this section.
d. Other uses as approved by the director of community development through the zoning code interpretation process pursuant to Chapter 20.84 CMC, Permit Procedures.
2. Outdoor Storage of Materials. Outdoor storage of materials shall be limited to the accessory storage of goods sold or utilized by the principal use of the lot where permitted by Table 20.28-1. All materials shall be entirely screened from view from public rights-of-way by a minimum six-foot-high solid fence or masonry wall.
3. Outdoor Storage Areas. Any areas developed and/or used for outdoor storage and use shall comply with the most current National Pollutant Discharge Elimination System (NPDES) Permits Implementation of Best Management Practices (BMP) and maintenance of those BMPs.
4. Outdoor Sale and Display Location.
a. Outdoor sale and displays on a permanent basis are permitted with the issuance of a conditional use permit.
b. Temporary outdoor sales and display are permitted with a temporary use permit pursuant to Chapter 20.84 CMC, Part 4, including temporary sales and displays on public sidewalks.
c. The outdoor display and/or sale area(s), where permitted, shall be located entirely on private property, except as provided in Chapter 20.84 CMC, Part 4. Outdoor display and merchandise shall occupy a fixed, specifically approved, and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, area(s) required for ingress and egress to the parking area(s), or ADA and pedestrian walkways. Outdoor displays shall not obstruct traffic safety sight areas or otherwise create hazards for pedestrian or vehicle traffic.
d. The outdoor display and sale of merchandise shall only be allowed during the business’s permitted regular hours of operation. All evidence of outdoor display and sale must be removed at close of the business’s permitted regular hours of operation.
5. Storage of Construction Materials. The storage of materials used in the construction of a building or building project during the construction and 30 days prior to and thereafter, including the contractor’s temporary office, provided any lot or parcel of land so used shall be a part of the building project or on property adjoining the construction site.
6. Prohibited Uses. The following uses and activities shall not be permitted within any mixed-use development:
a. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, or any similar use (Civic Mixed-Use Zone only).
b. Manufacturing or industrial activities, including but not limited to welding, machining, or any open flame work.
c. Any other activity or use, as determined by the director of community development, that is not compatible with residential activities and/or that has the possibility of affecting the health or safety of live/work unit residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or that would be hazardous because of materials, processes, products, or wastes.
7. Vehicle Service Uses (Commercial Mixed-Use Zone Only).
a. Automobile Service Use Restrictions. Vehicle repair shall be permitted only as an accessory use to automobile retail sales uses. All vehicle repair, restoration, and storage areas and operations shall occur within an enclosed building. Used or damaged equipment removed from vehicles during the repair process shall be stored indoors or shall be deposited in an approved covered outdoor collection receptacle for appropriate off-site disposal. Outdoor storage and work areas are prohibited.
b. Automobile Service Bay Screening and Location. Service bays for vehicle repair, restoration, and storage shall be screened from direct view from a public right-of-way and private properties.
8. Mixed-Use Occupancy Required. After approval, a mixed-use building shall not be converted to entirely residential or entirely nonresidential use. (Ord. 730 § 33, 2022; Ord. 690 § 4 (Exh. A), 2018).