Chapter 17.44 C-4 COMMERCIAL ZONE (HIGHWAY)

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 17.44.050 through 17.44.220.

Administrative and professional office;

Aerial photography and survey service;

Aircraft sales and service;

Ambulance service;

Animal hospital;

Antique home furnishings;

Art gallery, shop or studio;

Auto parts sales and incidental services;

Auto rental;

Auto repair garage;

Auto sales and service, excluding incidental body and fender work and painting and mechanical auto wash, except as provided for in CMC 17.44.030;

Auto top and glass shop;

Automobile repair services (minor), subject to provisions of CMC 17.04.072 (Definitions and Standards);

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

Bakery sales;

Bank and financial institutions;

Barber and/or beauty shops;

Bicycle shop;

Bill paying office;

Blueprinting and photocopying;

Boat, trailer and motorcycle sales;

Book or stationery store;

Botanical gardens;

Bowling alley;

Call office for delivery of laundry or dry cleaning;

Carpet and rug sales, no cleaning;

Catering service, food;

Churches;

Cleaners, retail;

Clothing and wearing apparel;

Coffee shop;

Community gardens;

Confectionery shop;

Cosmetic shop;

Craft shop;

Crankcase oil tanks in conjunction with an automobile service station;

Day nurseries;

Delicatessen;

Department store;

Discount house;

Drive-in restaurant; providing no dancing or theatrical performance is permitted;

Drug store;

Electrical appliance supply and repair;

Electrical or mechanical games as an ancillary use, up to a maximum of three such games;

Electric distribution and public utility substations;

Employment agency;

Equipment rental;

Farm equipment (sales and repair);

Fix-it shop;

Florist;

Food stores;

Frozen food locker;

Fruit store;

Furniture, household and patio;

Furniture storage;

Furniture upholstery;

Furriers;

Garage (public);

Garden supply and tools;

General research, not involving manufacture, fabrication or processing, or sale of products listed in any other commercial or industrial zone;

Gift shop;

Golf driving range and/or golf pitch and putt course;

Gunsmith;

Haberdashery;

Hardware;

Health food stores;

Hobby shop and supply;

Home furnishings;

Hospitals;

Household appliances, supply, repair and service;

Ice cream parlor;

Insurance brokers, adjusters and agents;

Jewelry sales and repair;

Laboratories, biological, medical, dental and X-ray;

Landscape service;

Laundromat;

Law office;

Leather goods sales;

Libraries and reading rooms;

Linoleum stores;

Locksmith;

Luggage;

Lumber yard;

Mail-order house;

Masonry materials and supplies;

Maternity shop;

Meat market;

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

Medical equipment and supplies;

Mimeographing;

Miniature golf course;

Mobile food facilities located on the same site as permitted on-site beer tasting, on-site artisan distilled spirit tasting or on-site wine tasting, subject to an administrative conditional use permit as provided for in CMC 17.62.190(E);

Mobile home sales and service;

Mortuary;

Motels;

Motor hotel;

Motor scooter sales and service;

Museums;

Music instruction;

Music shop;

Newsstands;

Notary public;

Novelty shop;

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

Office furniture and machines sales and repair;

Off-street parking;

Optometrists;

Orthopedic equipment and supplies;

Paint and wallpaper materials and supplies;

Parking lot (public);

Pawnshop;

Pet shop and food stores;

Pharmacy;

Phonographic supplies;

Photographers’ studios;

Photography supplies;

Physicians’ equipment and supplies;

Piano sales and service;

Picture framing;

Plant nursery;

Playground equipment sales and service;

Plumbing supply;

Printing and publishing;

Public utility customer service office;

Public utility substations;

Radio, television, phonograph supplies, sales and service;

Real estate brokers;

Restaurant; providing no dancing or theatrical performance is permitted except as provided in CMC 17.44.030;

Saddle sales and service;

Shoe sales and repair;

Skating rink;

Soda fountain;

Sporting goods and equipment sales and rentals;

Stationery stores;

Store fixtures sales;

Swimming pool sales and service;

Tailor;

Tax consulting services;

Taxi service;

Theater, drive-in;

Theater, theatrical and motion picture;

Ticket agency;

Tire sales;

Toy store;

Upholstery shop, automobile;

Vacuum cleaners sales and service;

Variety store;

Wearing apparel;

Yarn shop. (Ord. 23-10 § 16, 2023; Ord. 19-01 §§ 25, 26, 2019; Ord. 15-2035 § 2, 2015; Ord. 14-2031 § 3, 2014; Ord. 14-2030 § 4, 2014; Ord. 11-1997 § 11, 2011; Ord. 97-1813 § 7, 1997; Ord. 93-1748 § 7, 1993; Ord. 1711 § 3, 1990; Ord. 1709 § 3, 1990; Ord. 1678 § 2, 1988; Ord. 1583 § 2, 1985; Ord. 1535 § 12, 1983; Ord. 1507 § 7, 1981; Ord. 1495 § 1(d), 1981; Ord. 1438 § 11, 1979; 1964 Code Appx. A § 7.51.)

17.44.030 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:

Auditoriums;

Automobile repair services (major), subject to provisions of CMC 17.04.073 (Definitions and Standards);

Automobile service station, subject to the provisions of CMC 17.62.025. CMC 17.44.110(A) shall not apply to automobile service stations;

Batting cage;

Billiard parlor;

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

Drive-through facilities, subject to provisions of CMC 17.62.020(A);

Drive-up facilities for permitted uses;

Drive-up kiosks, subject to provisions of CMC 17.62.190(H);

Drop-off bins and facilities, subject to provisions of CMC 17.62.020(B);

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

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

Hotels;

Indoor recreation facilities;

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

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

Liquor, on-sale, in conjunction with eating and drinking establishments;

Lodges and meeting halls;

Massage establishments;

Mechanical auto wash;

Mobile food facilities, permanent and fixed locations on private properties;

Mobile food facilities, temporary placement on private properties, subject to the provisions of CMC 17.62.190(E);

Model homes;

Paint shop;

Public and/or private dancing;

Reverse vending machine(s) subject to the provisions of CMC 17.62.190 through 17.62.195;

Shared-space commercial establishment;

Storage and dispensing of liquefied petroleum gas in anticipation of retail services;

Thrift shops, secondhand and used merchandise stores;

Towing services;

Vocational colleges, barbers and beauty schools, modeling schools and medical training schools. (Ord. 23-10 § 17, 2023; Ord. 20-07 § 6, 2020; Ord. 19-01 §§ 27, 28, 2019; Ord. 18-05 § 6(c), 2018; Ord. 17-14 § 6(c), 2017; Ord. 11-1997 § 12, 2011; Ord. 98-1826 § 6, 1998; Ord. 93-1748 § 8, 1993; Ord. 1678 § 2, 1988; Ord. 1647 § 3, 1987; Ord. 1642 § 7, 1987; Ord. 1596 § 1, 1985; Ord. 1593 § 1, 1985; Ord. 1581 § 1, 1984; Ord. 1574 § 5, 1984; Ord. 1535 § 13, 1983; Ord. 1509 § 3, 1981; Ord. 1507 § 8, 1981; Ord. 1495 § 1(e), 1981; Ord. 1438 § 12, 1979; Ord. 1386 § 6, 1978; Ord. 1274 § 1, 1974; 1964 Code Appx. A § 7.52.)

17.44.040 Prohibited uses.

The following uses are expressly prohibited in the C-4 zone:

A. Residential uses other than those specifically provided for in CMC 17.44.030;

B. Any combination of residential and nonresidential uses in any building or structure on any lot other than those specifically provided for in CMC 17.44.030;

C. Industrial uses;

D. Wholesaling and warehousing;

E. Commercial uses other than those specifically listed or provided for in CMC 17.44.020 and 17.44.030;

F. Multi-tenant retail arcades. (Ord. 97-1813 § 8, 1997; Ord. 92-1736 § 2(F), 1992; Ord. 1438 § 13, 1979; 1964 Code Appx. A § 7.53.)

17.44.050 Property development standards generally.

The property development standards contained in CMC 17.44.060 through 17.44.220 shall apply to all land and buildings in the C-4 zone, except that any lot existing on the effective date of the ordinance codified in this title which is substandard in dimensions may be subject to all other standards. (1964 Code Appx. A § 7.54.)

17.44.060 Lot area.

There are no lot area provisions for the C-4 zone. (1964 Code Appx. A § 7.54.)

17.44.070 Lot dimensions.

All lots hereafter created shall comply with the following minimum standards and lots now existing may not be reduced below these standards:

A. There are no lot width provisions;

B. Each lot shall have a minimum depth of 150 feet. (1964 Code Appx. A § 7.54.)

17.44.080 Population density.

There are no population density provisions for the C-4 zone. (1964 Code Appx. A § 7.54.)

17.44.090 Building height – Generally.

Except by conditional use permit, no building or structure in this zone shall have a height greater than 50 feet, except when located closer than 50 feet to any abutting residential or agricultural zoned lands such building or structure shall not exceed 35 feet in height. (1964 Code Appx. A § 7.54.)

17.44.100 Building height – Exceptions – Permitted projections above limit.

The provisions of the C-P zone, CMC 17.34.100, shall apply. (1964 Code Appx. A § 7.54.)

17.44.110 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-4 zone fronts, sides or rears on a street, there shall be a yard abutting the street of not less than 10 feet, except as provided in subsection (C) of this section. If across a local street from a residential or agricultural zone, except as provided in subsection (C) 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-4 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-4 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.

D. A swimming pool shall not be located in any required yard abutting a street, and in no case shall it be located less than five feet from any side or rear property line not abutting a street. It shall be entirely enclosed as required in the C-P zone, CMC 17.34.150. (Ord. 1497 § 1, 1981; 1964 Code Appx. A § 7.54.)

17.44.120 Distance between buildings.

There are no provisions on this subject for the C-4 zone. (1964 Code Appx. A § 7.54.)

17.44.130 Fences and walls – Required walls.

Walls shall be erected as required in CMC 17.44.110 in connection with yards when this zone adjoins a residential or agricultural zone. Walls shall be reduced to not more than three feet in height in the 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 comply with corner cutback provisions in the C-P zone, CMC 17.34.160 and 17.34.170. (1964 Code Appx. A § 7.54.)

17.44.140 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 § 7.54.)

17.44.150 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 § 7.54.)

17.44.160 Fences and walls – Swimming pools.

Swimming pool areas shall be entirely enclosed by buildings or by fences or walls not less than five feet nor more than six feet in height around the deck area related to the pool. The fence or wall shall be equipped with self-closing and self-latching gates or doors, the latching device being located not less than four feet 10 inches above the ground. All fencing must be in place and approved before the water is run into the pool. All lighting of pool area shall be so arranged as to reflect the light away from the adjoining premises. (1964 Code Appx. A § 7.54.)

17.44.170 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 § 7.54.)

17.44.180 Off-street parking.

The provisions of CMC 17.72.010 through 17.72.120 shall apply. (1964 Code. Appx. A § 7.54.)

17.44.190 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 § 7.54.)

17.44.200 Signs – Generally.

The provisions of Chapter 17.74 CMC shall apply. (1964 Code Appx. A § 7.54.)

17.44.210 Allowable signs and special regulations.

A.1. Each property having in excess of 100 feet of lot frontage shall be permitted one freestanding sign. Such sign shall not be located closer than 100 feet from any other freestanding sign on the same side of the street. Such signs shall not exceed 100 square feet per face nor an overall height of 30 feet.

2. Each property containing less than 100 feet of lot frontage but more than 45 feet shall be permitted one monument sign. Such signs 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 property having in excess of 300 feet of lot frontage shall be permitted one additional freestanding sign of the same size and height as subsection (A) of this section; or in the alternative may elect to increase the size of the freestanding sign allowed under subsection (A) of this section to a maximum 250 square feet per face.

C. Each business shall also be permitted two building face signs per occupancy frontage. In cases where a building store front abuts an alley access or parking lot, a second face sign shall be permitted. The area devoted to such signs shall not exceed 15 percent of the first story height of the building. Such signs shall be mounted flat against the building.

D. When the same building rears onto a public alley or parking lot with a public entrance directly serving those areas, an additional sign may be erected at that entrance. The area devoted to such sign shall 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 or 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 is 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. 22-15 § 6, 2022; Ord. 1681 § 1(a), 1988; Ord. 1392 §§ 8, 9, 1978; 1964 Code Appx. A § 7.54.)

17.44.220 Loading.

The provisions of CMC 17.72.130 and 17.72.140 shall apply. (1964 Code Appx. A § 7.54.)

17.44.230 Site plan review.

The provisions of Chapter 17.64 CMC shall apply. (1964 Code Appx. A § 7.55.)