§ 1409-07. Land Use Regulations.  


Latest version.
  • Schedule 1409-07 below prescribes the land use regulations for C Districts. Use classifications are defined in Chapter 1401, Definitions. Use classifications not listed in Schedule 1409-07 below are prohibited.

    The regulations for each subdistrict are established by letter designations as follows:

    (a)

    "P" designates permitted uses. These uses may be subject to additional regulations as indicated.

    (b)

    "L" designates uses that are permitted, subject to certain limitations. Numeric suffixes refer to limitations listed at the bottom of Schedule 1409-07. Except as otherwise indicated, modifications of a numerical, locational or dimensional limitation requires a variance under Chapter 1445 - Variances, Special Exceptions and Conditional Uses.

    (c)

    "C" designates uses permitted only after review and approval of the conditional use by the Zoning Hearing Examiner. These uses may be subject to additional regulations as indicated.

    Schedule 1409-07: Use Regulations - Commercial Subdistricts

    Use Classifications CN-P CN-M CC-P CC-M CC-A CG-A Additional
    Regulations
    Residential Uses
    Bed and breakfast home P P P P See § 1419-09
    Day care home - Adult P P P P P
    Day care home - Type A L3 L3 L3 L3 L3
    Day care home - Type B L3 L3 L3 L3
    Group residential
     Congregate housing P P P P P P
     Convents & monasteries P P P P
     Dormitories P P P P P
     Fraternities & sororities P P P P
     Patient family homes P P P P
    Rooming houses L1 L1 L1 L1
     Shared housing for elderly P P P P
    Permanent residential
     Single-family dwelling P P P L2 L2
     Attached single-family dwelling P P P
     Two-family dwelling P P P L2 L2
     Multi-family dwelling P P P L2 L2
    Residential care facilities
     Assisted living P P P P P
     Developmental disability dwelling P P P L2 L2
     Nursing home P P P P P
    Special assistance shelter C C C C C C
    Transitional housing
    Programs 1—4 P P P L2 L2
    Program 5 P P P
    Program 6 C P P
    Public and Semipublic Uses
    Clubs and lodges P P P P P P
    Colleges, public or private C P P
    Community service facilities P P P P P P
    Cultural institutions P P P P P P
    Day care center P P P P P P
    Government facilities and offices
     Offices L13 L13 P P P P
    Hospitals P
    Park and recreation facilities P P P P P P
    Public maintenance facilities C C
    Public safety facilities P P P P P P
    Religious assembly P P P P P P
    Schools, public or private P P P P P P See § 1419-12
    Commercial Uses
    Ambulance services P P
    Animal services L4 L4 L4 L4 L9 L9
    Banks and financial institutions L13 L13 P P P P
    Bed and breakfast inns P P P P P P
    Building maintenance services P P
    Building materials sales and services L5 L5 P
    Business services L13 L13 P P P P
    Commercial meeting facility P P P
    Eating and drinking establishments
    Convenience markets L14 L13 P P P P
     Drinking establishments L13 L13 L13 P P P
     Restaurants, full service L6, L13 L6, L13 L6 P P P See § 1419-21
     Restaurants, limited L6, L13 L6, L13 L6 P P P See § 1419-21
    Food markets L13 L13 P P P P
    Food preparation L13 L13 P P P P
    Funeral and interment services P P P P P P
    Garden supply stores and nurseries L5 L5 P
    Hotels and commercial lodging P P P
    Laboratories, commercial L13 L13 P P P P
    Loft dwelling units P P P P P P See § 1419-23
    Maintenance and repair services L13 L13 P P P P
    Medical services and clinics L13 L13 P P P P
    Offices L13 L13 P P P P
    Parking facilities C P C P P P See Chapter 1425
    Personal instructional services L13 L13 P P P P
    Personal services L13 L13 P P P P
    Private vehicular storage Lot P P
    Recreation and entertainment
     Indoor or small-scale L13 L13 P P P P
     Outdoor or large-scale C P
    Retail sales L13 L13 P P P P
    Vehicle and equipment services
    Vehicle and equipment sales and rental C L8 P
     Car wash P P P See § 1419-11
     Fuel sales P P P P See § 1419-15
     Vehicle repair C P P See § 1419-27
    Industrial Uses
    Production industry
     Artisan C C C C P P
     Limited P P
    Warehousing and storage
     Contractor storage L5 L5
     Indoor storage P P
    Wholesaling and distribution P P
    Transportation, Communication and Utilities Uses
    Communications facilities P P P P P P
    Public utility distribution system P P P P P P
    Radio and television broadcast antenna C C
    Transportation facilities
     Heliports C C
     Railroad right-of-way P P P P P P
     Transportation passenger terminals P P
    Wireless communication antenna L7 L7 L7 L7 L7 L7 See § 1419-33
    Wireless communication tower C C C C C C See § 1419-33
    Agriculture and Extractive Uses
    Community gardens P P P P P P See § 1419-41
    Accessory Uses See Chapter 1421
    Any accessory use not listed below L10 L10 L10 L10 L10 L10
    Refuse storage areas P P P P P P See § 1421-35
    Drive box L11 L11 L11 L11 L11 L11
    Commercial vehicle parking P P P P P P
    Exterior lighting P P P P P P See § 1421-39
    Small-scale specialized incinerator L12 L12 L12 L12 L12 L12
    Portable storage containers P P P P P P See § 1419-24
    Nonconforming Uses See Chapter 1447

     

    Specific Limitations

    L1

    Only rooming houses licensed pursuant to Chapter 855. Rooming Houses of the Municipal Code; the maximum number of rooming units is five, and a separate entrance for access to rooming units must be provided. The minimum rental is seven days. See § 1421-43.

    L2

    Permitted only above the ground floor in a mixed use building. Modification requires conditional use approval pursuant to the procedures and criteria of Chapter 1445, Variance, Special Exceptions, and Conditional Uses.

    L3

    Fencing, a minimum of four feet in height must be provided for purposes of securing outdoor play areas which must be located in the rear yard only.

    L4

    Permitted, provided that there are no outdoor exercise areas, yards or pens and mechanical ventilation and air filter devices must be provided.

    L5

    Permitted provided that outside storage is screened with an 8 ft. privacy fence.

    L6

    Presentation of entertainment is not permitted in outdoor areas.

    L7

    Antenna height may not exceed 20 feet; greater height required a conditional use approval. The antenna may be attached to a multi-family, public and semi-public, commercial or public utility building or structure.

    L8

    Permitted on arterial streets with a maximum site size of two acres. Vehicle loading and unloading must occur on-site.

    L9

    Outdoor exercise areas, yards or pens must be 100 feet from any residential district.

    L10

    Accessory uses determined by the Zoning Administrator to be customarily incidental to a use of the district are permitted except where expressly prohibited. All others require conditional use approval.

    L11

    The storage space is less than 30 cubic yards; enclosed by a screen fence or within a structure; and at least 100 feet from any property used for residential purposes.

    L12

    The material incinerated is generated on-site and is located on a roof or at least 100 feet from any property used for residential purposes.

    L13

    Use is limited to 15,000 square feet; more space requires conditional use approval.

    L14

    Use is limited to 2,500 square feet and the use must be located within a mixed-use building; more space requires conditional use approval.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 236-2005, eff. July 21, 2005; a. Ord. No. 98-2006, § 1, eff. May 18, 2006; a. Ord. No. 0027-2007, §§ 1, 2, eff. Feb. 18, 2007; a. Ord. No. 150-2008, § 1, eff. June 7, 2008; a. Ord. No. 160-2008, § 1, eff. June 7, 2008; a. Ord. No. 414-2008, § 10, eff. Jan. 4, 2009; a. Ord. No. 304-2009, § 1, eff. Dec. 12, 2009; a. Ord. No. 038-2010, § 1, eff. March 18, 2010; a. Ord. No. 457-2010, § 1, eff. Jan. 23, 2011; Emer. Ord. No. 141-2015, § 11, eff. July 1, 2015; a. Ord. No. 0281-2017, § 10, eff. Nov. 4, 2017; a. Ord. No. 127-2018, § 8, eff. July 6, 2018)