Chapter 17.38 C-2 COMMERCIAL ZONE (NEIGHBORHOOD SHOPPING CENTER)

Buildings, structures and land shall be used, and buildings and structures shall hereafter be erected, structurally altered or enlarged, only for the following uses, plus such other uses as the commission and council may deem (pursuant to Chapter 17.60 CMC) to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in CMC 17.38.050 through 17.38.210.

A. Retail stores, sales and services:

1. Antique home furnishings;

2. Art shop;

3. Auto parts sales, excluding body and fender work and painting and mechanical auto wash;

4. Automobile service stations, when operated in conjunction with an established neighborhood, community or regional shopping center, subject to the provisions of CMC 17.62.025 (CMC 17.38.100(A) shall not apply to automobile service stations);

5. Bakery; provided not more than five persons shall be employed and all products are sold on the premises;

6. Bakery sales;

7. Barber and/or beauty shop;

8. Bicycle shop;

9. Book and stationery store;

10. Call office for delivery of laundry or dry cleaning;

11. Carpet and rug sales, no cleaning;

12. Cleaners;

13. Clothing and wearing apparel;

14. Coffee shop;

15. Cosmetic shop;

16. Craft shop;

17. Delicatessen;

18. Discount house;

19. Drug store;

20. Electrical appliance supply and repair;

21. Fix-it shop;

22. Florist;

23. Food stores, including poultry and eggs, bakery, ice cream and confectionery; provided all products shall be sold on the premises, and provided there shall be no slaughtering, plucking or dressing of poultry on the premises;

24. Frozen food lockers;

25. Fruit store;

26. Furniture;

27. Furniture upholstery;

28. Furriers;

29. Gift shop;

30. Haberdashery;

31. Hardware;

32. Health food stores;

33. Hobby shop and supply;

34. Home furnishings;

35. Household appliances, supply, repair and service;

36. Ice cream parlor;

37. Jewelry sales and repair;

38. Laundromat;

39. Leather goods and luggage;

40. Linoleum stores;

41. Deleted;

42. Locksmith;

43. Luggage shop;

44. Mail order house;

45. Maternity shop;

46. Meat market;

47. Medical equipment and supplies;

48. Mimeographing and duplicating;

49. Music instruction;

50. Music shop;

51. Newsstand;

52. Novelty shop;

53. Nursery schools (see day nurseries);

54. Office furniture and machine sales and repair;

55. Orthopedic equipment and supplies;

56. Paint and wallpaper materials and supplies;

57. Pet shop and food stores;

58. Pharmacy;

59. Physicians’ equipment and supplies;

60. Photocopying;

61. Photographers’ studios;

62. Photography supplies;

63. Piano sales and service;

64. Picture framing;

65. Plant nursery, provided fertilizer be sold only in bags;

66. Public utility customer service office;

67. Public utility substations;

68. Radio, television and phonographic supplies, sales and service;

69. Repealed by Ord. 23-10;

70. Restaurant, tearoom, cafe; providing no dancing or theatrical performance is permitted and no liquor or alcoholic beverages shall be sold or dispensed on the premises except as provided in CMC 17.38.030;

71. Sewing machine sales and service;

72. Shoe sales and repair;

73. Soda fountain;

74. Sporting goods and equipment sales and rentals;

75. Stationery stores;

76. Stenographers, public;

77. Supermarket;

78. Tailor;

79. Ticket agency;

80. Deleted;

81. Toy store;

82. Vacuum cleaner sales and service;

83. Variety store;

84. Wearing apparel;

85. Yarn shop;

B. Other:

1. Administrative and professional office;

2. Medical doctors and dentist offices, and therapeutic offices for chiropractors, physical therapists, and similar medical related professionals;

3. Bank and financial institutions;

4. Bill paying office;

5. Community gardens;

6. Conversion of residential buildings to nonresidential uses subject to CMC 17.76.010 through 17.76.040;

7. Crankcase oil tanks in conjunction with an automobile service station;

8. Day nurseries, when operated in conjunction with the operation of an integrated shopping facility;

9. Insurance brokers, adjusters and agents;

10. Libraries and reading rooms;

11. Notary public;

12. Nursery school (see day nurseries);

13. Offices (any offices in which chattels or goods, wares or merchandise are not manufactured or sold);

14. Off-street parking;

15. Optometrists;

16. Parking lot, public;

17. Real estate brokers;

18. Stock exchange and brokers;

19. Tax consulting services. (Ord. 23-10 § 12, 2023; Ord. 19-01 § 15, 2019; Ord. 15-2035 § 1, 2015; Ord. 14-2031 § 2, 2014; Ord. 14-2030 § 3, 2014; Ord. 11-1997 § 7, 2011; Ord. 93-1748 § 2, 1993; Ord. 1711 § 2, 1990; Ord. 1709 § 2, 1990; Ord. 1583 § 1, 1985; Ord. 1574 § 2, 1984; Ord. 1535 § 6, 1983; Ord. 1185 § 1, 1972; 1964 Code Appx. A § 7.21.)

17.38.030 Uses permitted subject to conditional use permit.

The following uses may be permitted subject to a conditional use permit as provided for in Chapter 17.62 CMC:

Automobile service stations, except as otherwise provided for in CMC 17.38.020(B), subject to the provisions of CMC 17.62.025. CMC 17.38.100(A) shall not apply to automobile service stations;

Automobile towing in conjunction with a permitted service station;

Cannabis retailers that comply with the requirements set forth in Chapter 17.84 CMC;

Conversion of residential buildings to nonresidential uses subject to CMC 17.76.010 through 17.76.040;

Drop-off bins and facilities;

Educational or health activities including private schools, trade schools and health spas;

Electrical or mechanical games as an ancillary use; more than three such games;

Liquor, off-sale, subject to the provisions of CMC 17.62.026;

Liquor, on-sale, in conjunction with a bona fide eating establishment;

Lodges and meeting halls;

Public dance, only when conducted in conjunction with a restaurant;

Reverse vending machine(s) subject to the provisions of CMC 17.62.190 through CMC 17.62.195. (Ord. 23-01 § 7, 2023; Ord. 20-07 § 5, 2020; Ord. 19-01 § 16, 2019; Ord. 11-1997 § 8, 2011; Ord. 93-1748 § 3, 1993; Ord. 91-1730 § 1(D), 1991; Ord. 1647 § 2, 1987; Ord. 1642 § 4, 1987; Ord. 1574 § 3, 1984; Ord. 1535 § 7, 1983; Ord. 1507 § 4, 1981; Ord. 1166 § 1, 1972; 1964 Code Appx. A § 7.22.)

17.38.040 Prohibited uses.

The following uses are expressly prohibited in the C-2 zone:

A. Residential uses;

B. Any combination of residential and nonresidential uses in any building or structure or on any lot;

C. Trailer parks;

D. Industrial uses;

E. Wholesaling and warehousing;

F. Adult bookstore, adult mini-motion picture theater, adult motion picture arcade, adult motion picture theater and massage establishment:

1. Located within 500 feet of any area zoned for residential use,

2. Located within 500 feet of the property line of any of the following uses or facilities:

a. Church or other facility used primarily for worship or other religious purposes,

b. City, county, state, federal or other governmental public buildings, including, but not limited to: city halls, schools, libraries, police and fire stations and post offices,

c. Hospital and convalescent facilities,

d. Parks and playgrounds,

e. Senior, youth or similar centers;

G. Commercial uses other than those specifically listed or provided for in CMC 17.38.020 and 17.38.030;

H. Multi-tenant retail arcades;

I. Massage establishment. (Ord. 19-01 § 17, 2019; Ord. 92-1736 § 2(C), 1992; Ord. 1438 § 3, 1979; 1964 Code Appx. A § 7.23.)

17.38.050 Lot area.

There are no lot area provisions for the C-2 zone. (1964 Code Appx. A § 7.24.)

17.38.060 Lot dimensions.

There are no provisions on this subject for the C-2 zone. (1964 Code Appx. A § 7.24.)

17.38.070 Population density.

There are no population density provisions for this zone. (1964 Code Appx. A § 7.24.)

17.38.080 Building height – Generally.

No building or structure erected in this zone shall have a height greater than 35 feet except by conditional use permit. (1964 Code Appx. A § 7.24.)

17.38.090 Building height – Exceptions – Permitted projections above limit.

The provisions of the C-P zone, CMC 17.34.100, shall apply. (1964 Code Appx. A § 7.24.)

17.38.100 Yards.

Yards shall be measured perpendicular to the property line or from the future right-of-way line as established by the general plan for an existing right-of-way.

A. When the C-2 zone fronts, sides or rears on a street which is a boundary with a residential or agricultural zone, except as provided in subsection (D) of this section, there shall be a yard abutting the street of not less than 20 feet. The required yard shall be landscaped and maintained. If across a local street from a residential or agricultural zone, except as provided in subsection (D) of this section, a wall not less than five feet nor more than six feet in height shall be erected on the setback line where there is no building on the line and where there is parking, loading or storage to the rear of the line.

B. When the C-2 zone abuts a residential or agricultural zone, there shall be a minimum building setback of 25 feet consisting of a 10-foot landscaped strip adjacent to the property line and a minimum 15-foot driveway for fire access. No entrances or exits from the rear of the building, except limited fire access, will be allowed. A solid masonry wall not less than five feet nor more than six feet in height shall be erected on the zone boundary line.

C. When the C-2 zone sides or rears on an alley which is a boundary with a residential or agricultural zone, there shall be a yard abutting the alley of not less than 70 feet, measured from the side of the alley opposite the subject property, except where the C-2 zone sides or rears on an alley which is a boundary with a public park, no yard shall be required. The required yard may be used for parking, loading, access or storage, provided items are not stored higher than six feet.

D. When the C-2 zone fronts directly on a public park or fronts on a street which is a boundary with a public park, there shall be a yard abutting the street of not less than 20 feet. The required yard may be landscaped or used for parking; however, it shall not be used for loading or storage. A wall not less than five feet nor more than six feet in height shall be erected on the setback line where there is loading or storage to the rear of the line. (Ord. 1497 § 1, 1981; 1964 Code Appx. A § 7.24.)

17.38.110 Distance between buildings.

There are no provisions on this subject for the C-2 zone. (1964 Code Appx. A § 7.24.)

17.38.120 Fences and walls – Required walls.

Walls shall be erected as required in CMC 17.38.100 in connection with yards when this zone adjoins a residential and/or agricultural zone. Walls shall be reduced to not more than three feet in height in any required yard abutting a street, in the area defined by a line which is the prolongation of the front yard required in the abutting residential or agricultural zone, and shall conform to corner cutback provisions in the C-P zone, CMC 17.34.160 and 17.34.170. (1964 Code Appx. A § 7.24.)

17.38.130 Fences and walls – Hazardous areas.

A fence or wall not more than six feet in height may be required along the perimeter of all areas which by reason of the conditions on the property or physical hazards, such as frequent inundation, erosion, excavation or grade separation, are considered by the commission to be dangerous to the health and safety. (1964 Code Appx. A § 7.24.)

17.38.140 Fences and walls – Outdoor storage.

All outdoor storage areas abutting residentially zoned property shall be enclosed by a building wall or by a solid fence or wall not less than five feet nor more than six feet in height. (1964 Code Appx. A § 7.24.)

17.38.150 Fences and walls – Corner cutback area regulations and permitted structures.

For corner cutback and permitted fences, hedges and walls, the provisions of the C-P zone, CMC 17.34.160 and 17.34.170, shall apply. (1964 Code Appx. A § 7.24.)

17.38.160 Off-street parking.

The provisions of CMC 17.72.010 through 17.72.120 shall apply. (1964 Code Appx. A § 7.24.)

17.38.170 Access.

There shall be adequate vehicular access to off-street parking facilities from a dedicated street, service road or alley. The design of the access shall conform to all standards and specifications of the city. (1964 Code Appx. A § 7.24.)

17.38.180 Signs – Generally.

The provisions of Chapter 17.74 CMC shall apply. (1964 Code Appx. A § 7.24.)

17.38.190 Allowable signs and special regulations.

A.1. Each shopping center containing two or more establishments and having a lot frontage in excess of 100 feet shall be permitted one freestanding sign per center. Such sign shall not be closer than 100 feet from any other freestanding sign on the same side of the street and shall not exceed 75 square feet per face nor an overall height of 30 feet.

2. Each property containing less than two establishments and having a lot frontage less than 100 feet but more than 45 feet shall be permitted one monument sign. Such sign shall not be closer than 50 feet from any other sign on the same side of the street and shall not exceed an area of 20 square feet per face nor an overall height of six feet.

B. Each business shall be permitted one building-face sign per occupancy frontage. The overall area devoted to signs may not exceed 15 percent of the area of the first story height of the building and each sign must be mounted flat against the building.

C. Each business shall be permitted one pedestrian-oriented sign per entrance, to be mounted flat against the building or suspended from an overhanging architectural feature. Such sign may not exceed six square feet per face.

D. Each business shall be permitted one sign to the rear of its building when there exists a public entrance facing onto a public alley or parking lot which is served by those areas. The overall area devoted to such signs may not exceed 10 percent of the rear face of the building to the first story height and such sign must be mounted flat against the building.

E. Each business shall be permitted two window signs per occupancy. Such signs shall not exceed 20 percent of the window space in which they are displayed. Each sign shall be of a permanent nature, and not painted, pasted, taped nor affixed in any way to the window surface, except as allowed by CMC 17.74.020.

F. Architectural projections and/or awnings attached to the building and extending into the public right-of-way will be allowed signing along the border trim. The maximum size of copy to be an eight-inch letter, but in no case can the copy exceed 40 percent of the border trim. Any border sign will be in place of the building face sign. Any border sign extending over public right-of-way perpendicular to the building face will be considered as a pedestrian sign. (Ord. 1392 §§ 4, 5, 1978; 1964 Code Appx. A § 7.24.)

17.38.200 Loading.

The provisions of CMC 17.72.130 and 17.72.140 shall apply. (1964 Code Appx. A § 7.24.)

17.38.210 Size of new district.

The minimum and maximum amount of land that may be zoned C-2 shall be:

A. Minimum area, four acres;

B. Maximum area, 10 acres. (1964 Code Appx. A § 7.24.)

17.38.220 Site plan review.

The provisions of Chapter 17.64 CMC shall apply. (1964 Code Appx. A § 7.25.)