Chapter 17.10
COMMERCIAL ZONES

Sections:

17.10.010    Purposes.

17.10.020    Repealed.

17.10.025    CO commercial office zone.

17.10.030    CN commercial neighborhood zone.

17.10.035    CB community business zone.

17.10.040    CG commercial general zone.

17.10.045    Repealed.

17.10.050    Repealed.

17.10.060    Permitted and conditional uses – Commercial zones.

17.10.120    Property development standards – Generally.

17.10.140    Property development standards – Special requirements.

17.10.150    Performance standards – In commercial zones.

17.10.160    Accessory structures.

17.10.170    Walls and fences.

17.10.180    Signs.

17.10.190    Outdoor display.

17.10.010 Purposes.

In addition to the objectives outlined in PMC 17.02.010, the commercial zones are included in the zoning development regulations to achieve the following purposes:

A. To provide appropriately located areas for office uses, retail stores, service establishments and wholesale businesses, offering commodities and services required by residents of the City and its surrounding market area;

B. To encourage office and commercial uses to concentrate for the convenience of the public and for a more mutually beneficial relationship to each other;

C. To provide adequate space to meet the needs of modern commercial development, including off-street parking and loading areas;

D. To minimize traffic congestion and to avoid overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

E. To protect commercial properties from noise, odor, smoke, unsightliness and landscape design for office and commercial developments within the City;

F. To promote high standards of site planning, architecture, and landscape design for office and commercial developments within the City. (Ord. 113 § 1 (Exh. A 3.0), 1983)

17.10.020 MU mixed use zone.

Repealed by Ord. 814. (Ord. 463 § 2, 1996)

17.10.025 CO commercial office zone.

The CO commercial office zone is intended as an area primarily for the development of professional, administrative offices and ancillary retail uses. (Ord. 463 § 2, 1996; Ord. 113 § 1 (Exh. A 3.0), 1983)

17.10.030 CN commercial neighborhood zone.

The CN commercial neighborhood zone is intended for neighborhood shopping centers which provide limited retail, business service and office facilities for the convenience of residents of the neighborhood. These shopping centers are intended to be compatible with a residential environment. (Ord. 463 § 2, 1996; Ord. 113 § 1 (Exh. A 3.0), 1983)

17.10.035 CB community business zone.

The CB community business zone is intended to accommodate local and communitywide commercial centers that typically serve large areas of the City. (Ord. 815 § 4, 2018)

17.10.040 CG commercial general zone.

The CG commercial general zone is intended as an area for the location of a broad range of uses and provides locations for major retail and service businesses. (Ord. 463 § 2, 1996; Ord. 113 § 1 (Exh. A 3.0), 1983)

17.10.045 A/GC automotive/general commercial zone.

Repealed by Ord. 814. (Ord. 463 § 2, 1996)

17.10.050 TC town center zone.

Repealed by Ord. 814. (Ord. 463 § 2, 1996; Ord. 113 § 1 (Exh. A 3.0), 1983)

17.10.060 Permitted and conditional uses – Commercial zones.

The uses shall be permitted where the symbol “P” appears and subject to a conditional use permit where the symbol “C” appears, and subject to a minor conditional use permit where the symbol “M” appears in the column beneath each zone designation. Where the symbol “X” appears the use is prohibited. A use that is not listed is prohibited. Land uses identified for the zone may be further limited by the presence of a specific plan or other applicable provision of the PMC.

 

CO

CN

CB

CG

OFFICE AND PROFESSIONAL USES

Professional and administrative offices, including, but not limited to: medical, dental, chiropractic, optical and related health services; investment, accounting, insurance and real estate services; travel agencies; business services such as advertising agencies, direct mail marketing companies, employment agencies, secretarial services, and collection services; engineering services

P

P

P

P

Banks and other financial institutions

P

P

P

P

Veterinary offices and animal hospitals

– Without boarding

– With boarding

(keeping of animals on-site for medical purposes shall not be considered boarding)

 

C

X

 

C

X

 

P

C

 

C

C

RETAIL USES

Apparel and accessory stores, including jewelry stores

X

P

P

P

Art galleries

X

P

P

P

Art supply stores

X

P

P

P

Book stores (both new and used)

X

P

P

P

Camera, photographic and video supply stores

X

P

P

P

Catalog showrooms/stores

X

X

P

P

Coin, stamp, and other collectibles

X

P

P

P

Computer and computer software stores

P

P

P

P

Drug stores and pharmacies

P

P

P

P

Educational materials stores

X

P

P

P

Florists and artificial flower stores

P

P

P

P

Furniture and major appliance stores

X

P

P

P

Floor covering, drapery and upholstery showrooms where no stock is kept on site

X

P

P

P

General merchandise stores including department stores and variety stores

X

P

P

P

Gift, novelty and souvenir shops

X

P

P

P

Hardware and home improvement stores

– With no outside sales lot

– With outside sales lot

 

X

X

 

P

X

 

P

P

 

P

C

Kitchenware, china, bedding, linen and home accessory stores

X

P

P

P

Luggage and leather goods stores

X

P

P

P

Mail order businesses

X

X

X

P

Music stores, including, but not limited to, record stores and musical instrument stores

X

P

P

P

Nursery and garden supply stores (all equipment and supplies must be kept within an enclosed area)

X

P

P

P

Pet and pet supply stores

X

P

P

P

Retail combined with limited distribution and/or warehousing

X

P

C

P

Sewing, needlework and fabric stores

X

P

P

P

Sign stores (may include manufacture of small signs)

X

P

P

P

Sporting goods, bicycle, hobby, toy and game shops

X

P

P

P

Stationery and office supply stores, including news dealers and newsstands

P

P

P

P

Swimming pool supplies

X

X

P

P

Tack and feed stores

X

P

M

P

USED GOODS STORES

Consignment boutiques

X

P

P

P

Pawn shops

X

X

C

X

Thrift stores, antique shops

X

P

P

P

FOOD AND DRINK STORES

Bakeries with on-site retail (may include limited baking for sale elsewhere)

X

M

P

P

Bakeries, retail only

X

P

P

P

Convenience stores

X

P

P

P

Establishments engaged in sale of prepared food primarily for in-store sale but for consumption elsewhere

P

P

P

P

Establishments engaged in sale of prepared food for delivery with no on-site sales or consumption

X

P

X

P

Liquor stores (liquor stores are not permitted within 1,000 feet of any public school)

X

C

C

C

Specialty food stores including: meat and fish markets; fruit and vegetable markets; candy, nut and confectionery stores; bakeries, and health food stores

X

P

P

P

Supermarkets

X

X

P

P

EATING AND DRINKING ESTABLISHMENTS AND LIVE ENTERTAINMENT

Bars (with or without live entertainment)

X

X

X

X

Coffee houses, juice bars, and other similar establishments not involving the sale and/or on-site consumption of alcoholic beverages, and without live entertainment

P

P

P

P

Restaurants with drive-in or drive-through facilities

C

C

C

C

Restaurants and similar establishments engaged primarily in the retail sale of prepared food and alcoholic beverages primarily for on-premises consumption (without drive-in or drive-through), except those serving primarily alcoholic beverages without food

C

C

P

P

Live entertainment as an accessory use to an eating or drinking establishment listed above unless otherwise authorized pursuant to PMC 17.26.020, Temporary Uses

M

X

M

M

SPORT AND ENTERTAINMENT USES

Arcades and electronic games

X

C

C

C

Bowling centers

X

X

C

C

Dance, aerobic exercise, music and martial arts studios

X

M

P

P

Recreation facilities such as billiard parlors, batting cages, skating rinks and other large interior sporting uses

X

X

M

M

Motion picture and live theaters

X

X

P

C

Physical fitness centers

 

 

 

 

a. Within an existing structure, including additions not greater than 50 percent of the existing square footage

M

M

M

M

b. New construction, including additions greater than 50 percent of the existing square footage

C

C

C

C

SERVICE USES

Art and photographic studios

X

P

P

P

Beauty and barber shops

P

P

P

P

Body piercing and/or tattoo

X

X

X

X

Blueprinting and large press printing services

P

X

P

P

Clothing rental shops

X

P

P

P

Drive-in business, excluding theaters and restaurants with drive-in or drive-through facilities

X

X

P

P

Dry cleaner, retail only

P

P

P

P

Ear piercing as an accessory use to a permitted use such as a jewelry store, department store, or a medical office

P

P

P

P

Equipment rental

X

X

C

C

Funeral parlors

C

C

P

P

Furniture repair (not in conjunction with furniture sales)

X

X

C

C

Internet cafe

P

P

P

P

Janitorial services

X

P

X

P

Locksmiths and key shops

P

P

P

P

Newspaper and magazine printing and publishing

X

X

X

P

Party supply and rental

X

X

P

P

Pest control services

X

X

X

X

Photocopying and small off-set printing centers

P

M

P

P

Private post offices

P

P

P

P

Repair shops such as clock repair, electrical and electronic repair, camera repair, and knife and scissor sharpening

X

P

P

P

Recycling centers

X

X

X

C

Recycling drop-off bins sponsored by charitable organization or school

P

P

P

P

Reverse vending machines and recycling stations in conjunction with retail sale of beverages

X

M

M

M

Self-service laundromats

X

P

P

P

Shoe repair shops

P

P

P

P

Small animal boarding kennels

X

X

C

C

Welding and other metal repair services

X

X

X

X

VEHICLE USES

Auto parts stores

X

X

P

P

Car rental (where there is adequate parking to allow the storage of rental vehicles in addition to parking required for other uses on the site)

X

X

P

P

Boat and recreational vehicle sales and rental (except as permitted by TUP)

X

X

X

C

Boat and recreational vehicle repair and service (also when in conjunction with sales)

X

X

C

C

Car washes, except as accessory to gasoline service station

X

X

C

C

Drive-through quick lube facilities

X

X

C

C

Gasoline service stations, including with accessory mini-markets and/or car washes but which do not provide mechanical service

X

C

M

C

Gasoline service stations which provide mechanical service

X

C

C

C

Motor vehicle sales and leasing (new and used) including, but not limited to, automobiles, trucks and motorcycles (except as permitted by TUP)

X

X

X

X

Motor vehicle repair and service including but not limited to automobiles, trucks, and motorcycles (also when in conjunction with sales)

X

X

C

C

Tire sales and service as a freestanding use

X

X

C

C

Vehicle towing companies and storage lots

X

X

X

C

PUBLIC, SEMIPUBLIC AND RESIDENTIAL USES

Adult day care center

C

C

C

C

Churches and other religious institutions

C

C

C

C

Convalescent homes and hospitals on sites two net acres or greater in size

C

C

X

C

Day care centers other than family day care

C

C

C

C

Group residential, including, but not limited to, dormitories, independent living, board and care and intermediate care (see Chapter 17.39 PMC; maximum living units for dormitories shall not exceed 20 per acre)

C

X

X

X

Fraternal, service and social clubs and lodges

C

P

P

P

Mixed-use developments which include dwelling units with any other permitted or conditional use

C

X

C

C

Overnight sleeping accommodations in conjunction with any listed semipublic use

C

C

C

C

Hotels, motels and single-room occupancy buildings

X

X

C

C

Private schools and training facilities

C

C

P

C

Public educational institutions such as trade schools and colleges

C

C

C

C

Public facilities including, but not limited to, libraries, museums, post offices, government offices, and fire and police facilities

C

C

C

C

MISCELLANEOUS USES

Adult-oriented businesses

X

X

X

X

Fortune telling

X

X

X

X

Kiosks in parking lots

X

M

M

M

Medical marijuana: dispensaries, collectives and cooperatives; cultivation; delivery; manufacturing; storage

X

X

X

X

Mini-warehouses

X

C

C

C

Push carts

M

X

X

X

Small animal boarding (see PMC 17.10.140(D) and Chapter 17.34 PMC)

X

X

C

C

Tanning salons

P

P

P

P

Tobacco shops

X

X

X

C

Video rental centers

P

P

P

P

Weight reduction centers

P

P

P

P

Wood lots

X

X

X

X

ACCESSORY USES

Accessory structures and uses located on the same site as a permitted use

P

P

P

P

Accessory structures and uses located on the same site as a conditional use

M

M

M

M

Caretaker’s living quarters only when incidental to, and on the same site as, a permitted or conditionally permitted use

X

X

X

X

Massage service when incidental to, or in conjunction with, medical, chiropractic, or similar health services; day spas, beauty parlors or barber shops; or physical fitness centers

P

P

P

P

“Seatainers”

M

M

M

M

TEMPORARY USES

Temporary uses as prescribed in Chapter 17.26 PMC

P

P

P

P

(Ord. 815 § 5, 2018; Ord. 814 § 5, 2017; Ord. 808 § 11, 2017; Ord. 785 § 11, 2016; Ord. 773 § 5, 2015; Ord.

736 § 11, 2012; Ord. 674 §§ 16 – 20, 2008; Ord. 662 § 2, 2007; Ord. 626 § 4, 2005; Ord. 490 § 2(2), 1997; Ord. 487 § 2, 1997; Ord. 486 § 2, 1997; Ord. 483 § 2, 1997; Ord. 472, 1997; Ord. 463 §§ 3, 10, 1996; Ord. 252 § 1, 1988; Ord. 113 § 1 (Exh. A 3.1), 1983)

17.10.120 Property development standards – Generally.

A. The following requirements in commercial zones are the minimum unless otherwise stated:

 

CO

CN

CB

CG

Lot area

10,000 sq. ft.

3 ac sq. ft.

10,000 sq. ft.

10,000 sq. ft.

Lot width

100'

300'

60'

60'

Lot depth

100'

300'

100'

100'

Front yard setback

20'

20'

20'

20'

Interior side yard setback (see subsection D of this section)

10'

10'

10'

10'

Street side yard setback

20'

20'

20'

20'

Rear yard (see subsection D of this section)

0

0

0

0

Lot coverage maximum

40%

35%

35%

30%

Building and structure height maximum

35' or two stories, whichever is less, except as permitted by PMC 17.10.140(C) or as expressly authorized pursuant to an adopted specific plan

B. The property development and performance standards set out in this section and PMC 17.10.140 and 17.10.150 shall apply to all land and buildings permitted in their respective commercial zones.

C. Each building site shall have a minimum 25-foot-wide vehicular access to a public street.

D. In any commercial zone, a minimum setback of 25 feet shall be required wherever a lot in the commercial zone abuts a lot in any residential zone. Said setback may be used for required open off-street parking areas. The setback may be increased by the City Council in situations where additional distance would help to mitigate or alleviate potential problems or hazards.

E. All development in the floodplain shall be in accordance with the National Flood Insurance requirements and local ordinance.

F. Driveways in commercial zones shall be constructed subject to the following standards:

Maximum Grade Break

Maximum Slope

Minimum Surfacing

Width

10% (min. tangent length – 15 ft.)

8%

8" P.C.C.

Min. 15 ft. Max. 35 ft. Fire access – 20 ft. min.

G. All public projects and private development projects within the jurisdiction of the City that have the potential to adversely impact sensitive plant species, wildlife species, and associated natural habitats shall either demonstrate that any removal of habitat associated with the proposed development has been authorized by the California Department of Fish and Game and the U.S. Fish and Wildlife Service or comply with the adopted Poway subarea habitat conservation plan, the companion implementing agreement, and the requirements thereof including the compensation mitigation strategy, mitigation ratios and special development requirements.

H. All structures shall be of a muted scheme, with style and texture which reflect the traditional/rural character of the community and natural environment. They shall not be bright, reflective, metallic or otherwise visually out of character with the community or natural setting. A color palette shall be submitted as part of the site plan. (Ord. 815 § 6, 2018; Ord. 814 § 6, 2017; Ord. 463 § 5, 1996; Ord. 113 § 1 (Exh. A 3.2), 1983)

17.10.140 Property development standards – Special requirements.

A. All convalescent hospitals and all commercial uses shall be limited to areas with natural slopes of 10 percent or less.

B. Theaters may contain game arcades when the following conditions are met:

1. No separate outdoor entrance is provided for the game arcade area;

2. A minimum of two toilets and one washbasin is provided for each gender;

3. The hours of operation shall be the same as for the theater;

4. All gambling is prohibited;

5. All alcoholic beverage sale and/or consumption on-site is prohibited.

C. Architectural appurtenances to churches and other religious institutions involving a steeple, or cross, or the combination thereof, and clock towers and similar design elements on commercial structures, may exceed the maximum height of 35 feet. Proposals for such appurtenances, however, shall be evaluated through the development review application process on a case-by-case basis so that architectural compatibility and appropriate building scale is achieved and maintained.

D. Small animal boarding kennels shall not be established immediately adjacent to parcels of land or properties within residential zones where boarding kennels are not permitted pursuant to the Poway Municipal Code.

E. The commercial and residential components of a mixed use development shall be planned and implemented together. Each residential unit shall be provided with one covered parking space reserved for its use. Additional parking shall be provided on a shared basis with commercial uses on the site on the basis of highest hourly cumulative demand. Residential and commercial uses may be integrated into the same buildings or into the same development in separate buildings or both. In any case, the overall height shall not exceed 35 feet nor two stories.

F. Hotels and motels shall be permitted only on parcels of one net acre or more in size with a minimum lot width of 150 feet. All units shall be 300 square feet or larger in size. A 500-square-foot or larger swimming pool shall be provided. Four hundred square feet of landscaped open space shall be provided per room. Rooms shall be for transient lodging only (30 days or less) with the exception of the on-site manager’s residence. These standards shall also be applicable to development in the planned community (PC) zone.

G. Outdoor food preparation may be allowed in as an accessory activity to an existing restaurant or food store subject to the approval of a minor development review pursuant to PMC 17.52.050. The approval shall be subject to applicable conditions by the Director of Development Services including the following:

1. Any use of an open flame shall comply with all requirements of the Fire Code.

2. The food preparation area shall be arranged in such a way that it does not create a hazard to pedestrians or encroach on a required building exit.

3. The food preparation area shall not be located in any required driveway, parking space, landscaped setback area or required setback.

4. The food preparation area shall be maintained so that it is not unsightly and does not create a condition that is detrimental to the appearance of the premises or surrounding property.

5. Signage shall not be utilized to advertise the business, service or use, or any product, unless otherwise permitted by this title. (Ord. 580 § 2, 2003; Ord. 463 § 7, 1996; Ord. 450 § 3, 1995; Ord. 426, 1993; Ord. 284 § 2, 1989; Ord. 272 § 2, 1988; Ord. 162 § 1, 1985; Ord. 113 § 1 (Exh. A 3.2(B)), 1983)

17.10.150 Performance standards – In commercial zones.

In all commercial zones, the following performance standards shall be met:

A. Landscaping. In all commercial zones, required front and street side yards shall be landscaped. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives. All planting and irrigation shall be in accordance with the City’s Landscape Manual. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris.

B. Masonry Walls and Landscape Screens. Where a commercial or office use abuts property in any residential zone, a masonry wall eight feet in height from the highest finished grade at the property line shall be erected and maintained between such uses and the residential zone. Where the adjacent grade of the abutting residential property is four feet or more lower or higher than the project site, the masonry wall shall be a minimum of six feet in height. In addition, 15-gallon trees, 20 feet on-center, and shrubbery shall be installed and maintained along the inside of the wall in a five-foot-wide, raised landscaped planter to provide a dense landscape screen.

C. Off-Street Parking Areas – Screening. Wherever off-street parking areas are situated across the street from property in a residential zone, a masonry wall or berm three feet in height shall be erected in the landscaped area between the required landscape area and the parking area to adequately screen said parking areas from the residential properties.

D. Noise Levels. The noise level emanating from any commercial use or operation shall not exceed five decibels (as defined in the Occupational Safety and Health Act of 1970) above the ambient level of the area measured at the property line.

E. Ground-Mounted Mechanical Equipment – Screening. All ground-mounted mechanical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the Development Services Director and Building Official.

F. Roof Appurtenances – Screening. All roof appurtenances including, but not limited to, air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and adjacent residentially zoned property.

G. Reciprocal Ingress and Egress. Reciprocal ingress and egress, circulation and parking arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties.

H. Lighting. The following standards shall apply to all outdoor light fixtures with the exception of lighting for automated teller machines regulated pursuant to Division 4 of the California Financial Code, Automated Teller Machines – User Safety.

1. All outdoor light fixtures, including but not limited to illuminated signage, decorative building or landscape lighting, illuminated recreational facilities, and parking lot lighting within commercial zones, shall be turned off between the hours of 11:00 p.m. and sunrise, except when used for security purposes, illumination of roadways, sidewalks, equipment yards and similar safety-related application, or when business operating hours continue after 11:00 p.m., but only for as long as such business is open.

2. Automatic timing devices shall be integrated into all new or modified lighting systems to turn off lights at 11:00 p.m.

3. During the hours from 11:00 p.m. until dawn, all exterior lighting shall be low pressure sodium, narrow spectrum amber low emitting diode (LED), or other energy efficient light which does not exceed a correlated color temperature (CCT) of 3,000 kelvin and 4,050 lumen except where the City Council has issued an exemption permit to allow alternative lighting. The City Council may issue such exemption permits where the Council finds that unusual circumstances dictate the use of brighter lighting for safety reasons.

4. All exterior lighting shall be scheduled so that light rays emitted by the fixture are projected below the imaginary horizontal plane passing through the lowest point of the fixture and in such a manner that the light is directed away from streets and adjoining properties.

5. Illuminators should be integrated with the architecture of the building.

6. Freestanding light posts located on projects which contain less than 15 acres shall be no taller than 18 feet. On projects which are 15 acres or larger in size, freestanding light posts not exceeding 30 feet in height may be permitted; provided, that the property is located in an area which is already lighted by street lights or adjacent development.

7. The intensity of light at the boundary of any commercial zone shall not exceed 75 foot-lamberts from a source of reflected light.

I. Utility Connections. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment.

All new and existing utility connections within the boundaries of the project shall be placed underground. Transformer, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities appurtenant to such underground facilities may be placed above ground. The requirement for undergrounding existing utilities shall not apply to any overhead power transmission lines in excess of 34,500 volts and long-distance and main trunk communication facilities. The requirement for undergrounding existing utility connections may be waived or modified by the City Council in accordance with criteria and provisions for such as adopted by resolution of the City Council.

J. Outdoor Storage and/or Sales Areas. Outdoor storage and/or sales areas shall be entirely enclosed by solid masonry walls not less than six feet in height to adequately screen view of outdoor storage areas from view. Reasonable substitutions such as masonry, wood or metal pilasters with wrought iron or chain link and view-obscuring material may be approved by the City Council. Excluded from this provision is outdoor display, as allowed pursuant to PMC 17.10.190.

K. Air Pollution. There shall be no emission on any site, for more than one minute in any hour, of air contaminants which, at the emission point or within a reasonable distance of the emission point, are as dark or darker in shade as that designated as No. 1 on the Ringelmann Chart as published in the United States Bureau of Mines Information Circular 7718.

L. Odor. No use shall be permitted which creates odor in such quantities as to be readily detectable beyond the boundaries of the site.

M. Testing. Whenever there is a question of conformance with the performance standards of this section, the Development Director shall require the property owner or operator to engage the services of a certified testing firm. Copies of all such tests shall be furnished to the Director of Development Services.

N. Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. All new construction and remodeling shall be preplumbed for solar hot water heating for the common facilities or reasonable alternatives that do not appreciably increase energy demand may be approved by the City. Buildings shall be designed to minimize energy consumption requirements, including, but not necessarily limited to, the following conservation measures:

1. Cogeneration;

2. South-facing windows;

3. Eave coverage for windows;

4. Double-glazed windows;

5. Earth berming against exterior walls;

6. Greenhouses; and

7. Deciduous shade trees.

O. In all commercial zones the conversion of the project to condominium ownership shall meet all requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements of the Fire Code, sign ordinance, and screening standards be waived. Specific City Council waiver shall be required where the zone requirements cannot be met.

P. No outdoor paging systems or telephone bells or similar devices shall be used on commercial properties which abut residentially zoned properties. (Ord. 788 §§ 4, 5, 2016; Ord. 674 § 21, 2008; Ord. 540 § 3, 2001; Ord. 518, 1999; Ord. 484 § 2(B), 1997; 463 §§ 8, 9, 10, 1996; Ord. 192 § 1 (Exh. A), 1986; Ord. 178 § 1(A), 1985; Ord. 162 § 1, 1985; Ord. 113 § 1 (Exh. A 3.3), 1983)

17.10.160 Accessory structures.

Accessory structures in commercial zones shall be as follows:

A. In any commercial zone, accessory structures shall not be located in front of or on the street side of the main building(s).

B. In any commercial zone, accessory structures shall meet all of the setback requirements for main buildings.

C. In any commercial zone, porches, steps, architectural features such as canopies or eaves, and chimneys, balconies or stairways may project not more than four feet into any required yard area.

D. Swimming pools and spas shall be located a minimum of three feet from the main structure exterior or interior walls and shall comply with all fencing requirements of PMC 8.52.050 et seq. (Ord. 463 § 10, 1996; Ord. 162 § 1, 1985: Ord. 113 § 1 (Exh. A 3.4), 1983)

17.10.170 Walls and fences.

Wall and fence requirements in commercial zones shall be as follows:

A. In any required front or street side yard area, a wall or fence shall not exceed 48 inches in height except as allowed by subsection G of this section. In the required front or exterior side yard, where a retaining wall is used to increase usable lot area, a fence or wall not exceeding 48 inches in height may also be erected; provided, that the fence or wall is set back a minimum of five feet from the retaining wall.

B. In any required rear or interior side yard area, a wall or fence shall not exceed six feet in height except as required by PMC 17.10.150(B) and as allowed by subsection G of this section.

C. Where barbed wire strands, razor wire or concertina wire (coiled barbed wire) is placed at the top of a wall or fence, such material shall maintain a minimum vertical clearance of six feet above grade and shall be maintained in a safe condition.

D. It is unlawful for an owner of a parcel of land within the City to keep barbed wire or any other type of wire fencing in an unsafe, abandoned or materially dangerous condition. Unmaintained wire fencing, including but not limited to, barbed wire, razor wire and concertina wire (coiled barbed wire), is declared to be a public nuisance and shall be subject to the nuisance abatement procedure, Chapter 8.72 PMC.

E. It is unlawful to place razor wire or concertina wire on the rooftop of any building.

F. Retaining walls, which have a walking surface adjacent to the top of the retaining wall, shall be equipped with an open and decorative metal railing on the top of the retaining wall for safety as deemed necessary by the City Building Official. The height of the required railing shall not be considered in the overall height measurement of the retaining wall.

G. Walls and fences may be up to eight feet in height for churches and other religious institutions, which for the purposes of this title are defined as structures which are used primarily for religious worship and related religious activities, when needed for security purposes, subject to the following:

1. An open decorative wrought iron fence is allowed at the front, side, and rear property lines.

2. A solid wall or fence is allowed at the rear and interior side property lines.

3. Solid walls and fences must be set back at least five feet from the front and street side property lines to provide a landscaped buffer.

4. Chain link fencing is not permitted.

5. Solid walls and fences must be architecturally compatible with the development of the property on which it is located. At a minimum the wall or fence must be the same color as the buildings and a vertical element, such as a pilaster, must be incorporated at least every 30 feet.

6. Walls and fences over six feet in height require building permits prior to installation.

7. The walls and fences described in this subsection are not allowed for churches and other religious institutions that are located within a multi-tenant commercial building. (Ord. 831 § 5, 2019; Ord. 674 § 27, 2008; Ord. 195 § 1, 1986; Ord. 172 § 1 (Exh. A), 1985; Ord. 113 § 1 (Exh. A 3.5), 1983)

17.10.180 Signs.

Sign requirements in commercial zones shall be as follows: No sign or outdoor advertising structure shall be permitted in any commercial zone except as provided in Chapter 17.40 PMC. (Ord. 463 § 10, 1996; Ord. 113 § 1 (Exh. A 3.6), 1983)

17.10.190 Outdoor display.

Requests for outdoor display of limited merchandise in excess of the time limitations of PMC 17.26.030(E) may be considered subject to the approval of an outdoor display permit by the Director of Development Services, or a minor conditional use permit by the City Council as specified below. The intent of this section shall be to provide for the outdoor display of merchandise, where it can be demonstrated that such display can be reasonably integrated into the site and architectural designs at the location, and maintain the City’s goals to provide for quality, attractive, commercial development. The following standards shall apply to any proposed outdoor display located within the CO, CN, CB or CG zoning districts, including areas with those zoning designations within the Poway Road specific plan area, the Old Poway specific plan area, and commercial uses on property designated South Poway commercial within the South Poway specific plan area:

A. Permit Required. Prior to the outdoor display of any goods or merchandise, a permit is required as indicated below.

1. Outdoor Display Permit. An outdoor display permit, issued by the Director pursuant to subsection C of this section for the outdoor display of the following is required unless otherwise specified. The Director is authorized to approve, conditionally approve with reasonable conditions, or to deny such request. The Director may establish conditions and limitations to minimize detrimental effects on surrounding properties. An application for an outdoor display permit shall be made to the Director on such form as may be prescribed.

a. Antiques;

b. Artwork;

c. Bicycles;

d. China and glassware;

e. Clothing;

f. Crafts;

g. Flowers and plants;

h. Produce;

i. Hardware;

j. Jewelry;

k. Newspapers, magazines or books;

l. Propane tank exchange units for barbecues;

m. Sporting goods.

2. If the outdoor display proposed is for goods or merchandise not authorized by subsection (A)(1) of this section, is not a prohibited display item contained in subsection C of this section, or cannot comply with the Display Performance Standards as indicated in subsection B of this section, and the Director determines that unique circumstances exist to warrant its consideration, then a minor conditional use permit pursuant to Chapter 17.48 PMC shall be required.

3. Findings. The following findings shall be made prior to issuance of a permit for outdoor display:

a. The outdoor display is in accordance with the objectives of the ordinance and the purposes of the district where the site is located;

b. The outdoor display will not be detrimental to the public health, safety or welfare of persons residing or working in or adjacent to the neighborhood of such use and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the City;

c. The outdoor display assists in creating a quality commercial and public environment due to its visually appealing characteristics.

B. Outdoor Display Performance Standards. The following performance standards shall be applied by the Director to all outdoor displays, unless otherwise approved by the City Council pursuant to a minor conditional use permit in accordance with subsections (B)(1), (7) and (8) of this section.

1. Business Certificate Required. A valid business certificate is required for the business prior to issuance of an outdoor display permit.

2. Location. The outdoor display area shall:

a. Be located on the same portion of the site as the occupant of an existing commercial development and limited to the area adjacent to the front building elevation of the space occupied by the applicant and shall not interfere with automobile or pedestrian circulation. Outdoor displays are not permitted in front of a closed business or on vacant property;

b. Not impede vehicular sight distance as determined by the City Traffic Engineer;

c. Be located on private property only (not within the public right-of-way). Display of goods or merchandise on public property is prohibited except as otherwise authorized by the Poway Municipal Code, State law, or constitutional law;

d. Not obstruct any landscape areas or parking spaces;

e. Not be displayed from cars, trucks, or any other vehicle; and

f. Not obscure or interfere with any official notice or public safety sign or device.

3. Maximum Depth.

a. Outdoor display shall project no more than four feet from the front of the applicant’s space frontage; and

b. Private sidewalks, courtyards or entry areas may be utilized for display providing a minimum 44-inch pedestrian access remains clear and unobstructed at all times, subject to full compliance with the Uniform Fire Code, the Uniform Building Code and Title 24 access requirements.

4. Maximum Length. The display area shall not exceed 10 feet or 25 percent of the linear frontage of the frontage of the applicant’s space, whichever is greater.

5. Maximum Height. The display area shall not exceed five feet in height above adjacent finished grade. The approval authority shall retain the ability to further limit display height on a case-by-case basis in accordance with the standards of this chapter.

6. Use of Outdoor Display Area.

a. The outdoor display shall be temporary and removed at the end of each business day;

b. The outdoor display must be self-supporting, stable and weighted or constructed to withstand overturning by wind or contact. The display shall not be permanently affixed to any object, structure, or anything on the ground, including utility poles, light poles, trees, or any merchandise or products displayed outside permanent buildings;

c. The outdoor display shall be continuously maintained in a state of order, security, safety and repair. The display surface shall be kept clean, neatly painted, and free of rust, corrosion, protruding tacks, nails and/or wires. Any cracked, broken surfaces, or other unmaintained or damaged portion of a display shall be repaired or replaced or removed within 30 days of notification by the City;

d. Display merchandise and products shall be limited to those normally associated with the primary retail user making application and shall not be in disrepair or visually unattractive. The display of junk is prohibited;

e. All outdoor displays shall be tasteful and assist in creating a top quality shopping environment. No display shall contain obscene, indecent or immoral matter;

f. Display areas shall not be subleased or otherwise afforded use by other persons;

g. Electricity shall not be utilized nor shall any noise be generated by an outdoor display; and

h. Display areas shall be kept clean and orderly and shall maintain an attractive appearance. No item shall be displayed in a manner that is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner that is detrimental to the public health, safety or welfare or causes a public nuisance.

7. Signage. No additional signage is permitted with an outdoor display permit. All signage shall comply with the City’s sign regulations contained in Chapter 17.40 PMC.

8. Other Applicable Regulations. The outdoor display shall comply with all requirements of the Building Code and Fire Code.

C. Outdoor Display Prohibited. The outdoor display of the following goods and merchandise is prohibited:

1. Junk;

2. Adult materials as described in PMC 17.38.020(2);

3. Alcohol;

4. Tobacco products;

5. Firearms;

6. Hazardous materials other than propane exchange units for barbecues.

D. Expiration and Termination. Outdoor display permits issued by the Director shall be valid for a maximum of one year from the date of issuance except as follows:

1. The permit shall be extended automatically for one additional year annually unless the City provides written notice of termination to the applicant no less than 30 days prior to the expiration of the permit.

2. An outdoor display permit shall automatically terminate for any business that violates the terms of the permit and this section if a notice of violation has been issued and the applicant fails to comply with said notice. In the event the permit is terminated due to a violation, the applicant may not reapply for an outdoor display permit anywhere in the City for a one-year period following the date of compliance pursuant to the notice of violation.

3. All outdoor display permits issued by the Director shall terminate upon the change of occupancy or failure to renew a business certificate without written notice required.

E. Fees. A nonrefundable processing fee shall be paid prior to the acceptance of an application for an outdoor display permit or a minor conditional use permit. Such fee shall be as established by resolution of the City Council from time to time. (Ord. 815 § 7, 2018; Ord. 814 § 7, 2017; Ord. 540 § 4, 2001)