Chapter 17.46 C-5 COMMERCIAL ZONE (SPECIFIED HIGHWAY)

Buildings, structures and land shall be used, 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 17.46.050 through 17.46.210.

Administrative and professional office;

Animal hospital;

Antique home furnishings;

Auto parts sales;

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 17.46.030;

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;

Barber and/or beauty shop;

Blueprinting and photocopying;

Carpet and rug cleaning, repair;

Churches;

Cleaners, retail;

Coffee shop;

Community gardens;

Confectionery shop;

Contractor, building, electrical, etc.;

Craft shop;

Crankcase oil tanks in conjunction with auto repair or service use;

Delicatessen;

Electrical appliance supply and repair;

Electrical distribution and public utility substation;

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

Equipment rentals;

Farm equipment sales and repair;

Feed and fuel;

Fix-it shop;

Furniture cleaning;

Furniture, household and patio;

Furniture storage;

Furniture upholstery;

Garage, public;

Garden supply and tools;

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

Gunsmith;

Hobby shop and supply;

Home furnishings;

Household appliances supply, repair and service;

Ice cream parlor;

Insurance brokers, adjusters and agents;

Landscape service;

Laundromat;

Locksmith;

Lumber yard;

Masonry materials and supplies;

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

Mimeographing;

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);

Motor scooters sales and service;

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

Off-street parking;

Parking lot, public;

Pet shop and food store;

Plant nursery;

Playground equipment sales and service;

Plumbing supply, retail;

Public utility substations;

Radio, television, phonograph supplies, sales and service;

Real estate brokers;

Restaurant, tearoom, cafe; providing no dancing or theatrical performances are permitted and providing that here shall be no sale or consumption of intoxicating liquor on the premises;

Saddle sales and repair;

Shoe sales and repair;

Soda fountain;

Sporting goods and equipment sales and rentals;

Stationery stores;

Store fixtures sales;

Swimming pool sales and service;

Tire sales;

Upholstery shop, automobile;

Vacuum cleaner sales and service. (Ord. 23-10 § 18, 2023; Ord. 19-01 §§ 29, 30, 2019; Ord. 15-2035 § 3, 2015; Ord. 11-1997 § 13, 2011; Ord. 97-1813 § 8, 1997; Ord. 93-1748 § 9, 1993; Ord. 1711 § 4, 1990; Ord. 1709 § 4, 1990; Ord. 1535 § 14, 1983; Ord. 1507 § 9, 1981; Ord. 1438 § 15, 1979; 1964 Code Appx. A § 7.61.)

17.46.030 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 stations, subject to the provisions of CMC 17.62.025;

Automobile towing and impound;

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;

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

Drive-up facility;

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);

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

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

Indoor radio-controlled hobby track;

Indoor recreation facilities;

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

Liquor, on-sale establishments;

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

Lodges and meeting halls, subject to CMC 17.62.026 if also in conjunction with liquor, on-sale;

Massage establishment;

Mechanical car 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);

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

Shared-space commercial establishment;

Vocational colleges, barbers and beauty schools, modeling schools and medical training schools. (Ord. 23-10 § 19, 2023; Ord. 23-01 § 10, 2023; Ord. 20-07 § 7, 2020; Ord. 19-01 §§ 31, 32, 2019; Ord. 11-1997 § 14, 2011; Ord. 01-1884 § 5, 2001; Ord. 98-1826 § 7, 1998; Ord. 93-1748 § 10, 1993; Ord. 92-1735 § 1, 1992; Ord. 91-1730 § 1(G), 1991; Ord. 1647 §§ 4, 8, 1987; Ord. 1642 § 8, 1987; Ord. 1574 § 6, 1984; Ord. 1535 § 15, 1983; Ord. 1509 § 4, 1981; Ord. 1507 § 10, 1981; Ord. 1446 § 1, 1980; Ord. 1438 § 16, 1979; Ord. 1386 § 7, 1978; 1964 Code Appx. A § 7.62.)

17.46.040 Prohibited uses.

The following uses are expressly prohibited in the C-5 zone:

A. Residential uses;

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

C. Industrial uses;

D. Commercial uses other than those specifically listed or provided for in CMC 17.46.020 and 17.46.030;

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. Hospitals and convalescent facilities;

d. Parks and playgrounds;

e. Senior, youth or similar centers. (Ord. 1438 § 17, 1979; 1964 Code Appx. A § 7.63.)

17.46.050 Property development standards generally.

The property development standards contained in CMC 17.46.060 through 17.46.210 shall apply to all land and buildings in the C-5 zone. (1964 Code Appx. A § 7.64.)

17.46.060 Lot area.

There are no lot area provisions for the C-5 zone. (1964 Code Appx. A § 7.64.)

17.46.070 Lot dimensions.

There are no provisions on this subject for the C-5 zone. (1964 Code Appx. A § 7.64.)

17.46.080 Population density.

There are no population density provisions for this zone. (1964 Code Appx. A § 7.64.)

17.46.090 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. § 7.64.)

17.46.100 Building height – Exceptions – Permitted projections above limit.

The provisions of the C-P zone, CMC 17.34.100, shall apply. (1964 Code Appx. A § 7.64.)

17.46.110 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-5 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.

B. When the C-5 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 25 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 § 7.64.)

17.46.120 Distance between buildings.

There are no provisions on this subject for the C-5 zone. (1964 Code Appx. A § 7.64.)

17.46.130 Fences and walls – Required walls.

Walls shall be erected as required in CMC 17.46.110 in connection with yards when this zone abuts a residential or agricultural zone. Walls shall conform to corner cutback provisions in the C-P zone, CMC 17.34.160 and 17.34.170. (1964 Code Appx. A § 7.64.)

17.46.140 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 § 7.64.)

17.46.150 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 § 7.64.)

17.46.160 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 § 7.64.)

17.46.170 Off-street parking.

The provisions of CMC 17.72.010 through 17.72.120 shall apply. (1964 Code Appx. A § 7.64.)

17.46.180 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 § 7.64.)

17.46.190 Signs – Generally.

The provisions of Chapter 17.74 CMC shall apply. (1964 Code Appx. A § 7.64.)

17.46.200 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 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 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. 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 to 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. 1681 § 1(b), 1988; Ord. 1392 §§ 10, 11, 1978; 1964 Code Appx. A § 7.64.)

17.46.210 Loading.

The provisions of CMC 17.72.130 and 17.72.140 shall apply. (1964 Code Appx. A § 7.64.)

17.46.220 Site plan review.

The provisions of Chapter 17.64 CMC shall apply. (1964 Code Appx. A § 7.65.)