CHAPTER 2
ZONING
ARTICLE 6. REGULATIONS IN NEIGHBORHOOD COMMERCIAL (C-N) DISTRICTS1
SECTION:
§9062: Uses Permitted With Securing Of A Use Permit
§9064: Building Site And Lot Area Requirements
§9068: Additional Requirements
§9069: Determination Of Appropriate Use
§9060 PURPOSE AND INTENT
The purpose of the Neighborhood Commercial (C-N) Zoning District is to encourage and promote a balanced mix of low intensity professional office, commercial, single-family and multiple-family residential, and quasi-public land uses. The maximum residential density is one to fifteen (15) dwelling units per gross acre of land. Large and incompatible commercial retail stores, such as supermarkets, chain drugstores, convenience stores, and discount clothing stores, are not allowed or permitted. Similarly, highway-serving commercial uses, such as motels, and gas stations/automotive repair businesses are not allowed or permitted. The C-N district is intended to provide low intensity commercial services, such as medical offices, small retail stores, and personal services to the adjacent and integrated residential community. Additionally, the provisions of this article are intended to assure that development is compatible with the surrounding community, in terms of both design and use, and does not adversely impact surrounding properties. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021)
§9061 USES ALLOWED
The following uses are allowed in Neighborhood Commercial Zoning Districts:
Accessory uses to any allowed or permitted uses.
Accessory dwelling units (ADUs), as regulated by Chapter 2, Article 5.3 of this division.
Home occupations.
Junior accessory dwelling units (JADUs), as regulated by Chapter 2, Article 5.4 of this division.
Low barrier navigation centers.
Professional and medical offices, barbershop, beauty shop, drugstore, florist, delicatessen (seating/tables permitted), small grocery store, and all other uses which, in the opinion of the Planning Director, are similar. The Planning Director may refer a determination regarding similar uses to the Planning Commission for a decision.
Single-family dwelling, including manufactured/modular homes, transitional housing, and supportive housing. Manufactured/modular homes shall comply with the additional development standards in section 9068 of this code.
Small and large family daycare homes.
Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartment houses, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.
Emergency shelters, small.
A mix of any of the above allowed uses. (Ord. 1006, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1205, §8, adopted 2020; Ord. 1216, §4, adopted 2021; Ord. 1244, §7, adopted 2024)
§9062 USES PERMITTED WITH SECURING OF A USE PERMIT
The following uses may be permitted in Neighborhood Commercial (C-N) Districts, subject to first securing a use permit pursuant to provisions contained in section 9262 of this chapter:
Bakery.
Bed and breakfast establishment.
Bookstore.
Cannabis retailer.
Coffee shop.
Emergency shelters, large.
Medical care facility or hospital.
Multiple-family dwellings that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division.
Personal service establishment.
Places of religious worship, assembly or instruction.
Public or private schools.
Retail stores not listed in section 9061 of this code, except for large commercial retail stores, such as department stores, supermarkets, chain drugstores, and discount clothing stores.
Sit-down restaurant or cafe (no drive-through restaurants shall be permitted).
Small and large family child daycare homes.
Tailor shop.
A mix of any of the above permitted uses.
Other uses which, in the opinion of the Planning Director, are similar. The Planning Director may refer a determination regarding similar uses to the Planning Commission for a decision. (Ord. 1006, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1216, §4, adopted 2021; Ord. 1226, §2, adopted 2022)
§9063 BUILDING HEIGHT LIMITS
The following shall be the maximum limits for height of buildings in Neighborhood Commercial (C-N) Districts:
A. For main buildings, a maximum height of thirty-five feet (35').
B. For accessory buildings, a maximum height of twenty feet (20').
C. To exceed the height limit, a use permit must first be secured. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021)
§9064 BUILDING SITE AND LOT AREA REQUIREMENTS
In Neighborhood Commercial (C-N) Districts, the building site area shall be as follows:
A. Commercial: For each main building a minimum of seven thousand (7,000) square feet of area, and a width of seventy feet (70').
B. Residential And Mixed-Use: No minimum building site area.
C. Existing lots as of the date of Ordinance 1006 under seven thousand (7,000) square feet are considered legal building sites.
D. All newly created parcels shall have a minimum of seven thousand (7,000) square feet of area. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021)
§9065 FRONT SETBACK LINES
The provisions for front setback lines in Neighborhood Commercial (C-N) Districts shall be as follows:
A. On interior lots, the front setback line shall be a minimum of ten feet (10') measured from the street right-of-way line fronting such lot.
B. On corner lots, there shall be a front setback line on each street side of a corner lot. The front setback line shall be a minimum of ten feet (10') measured from the street right-of-way line adjacent to such lot. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021)
§9066 YARD REQUIREMENTS
In Neighborhood Commercial (C-N) Districts, yards shall be required in the following widths:
A. Front Yards For Single-Story Buildings: On both interior and corner lots the front setback line shall be a minimum of ten feet (10') measured from the street right-of-way line fronting such lot.
B. Front Yards For Multiple-Story Buildings: On both interior and corner lots the front setback line shall be a minimum of ten feet (10') for the first story and fifteen feet (15') for the second story measured from the street right-of-way line fronting such lot.
C. Side Yards: The minimum depth required shall be five feet (5').
D. Rear Yards: The minimum depth required shall be ten feet (10').
Except in cases where fifty percent (50%) of one side of the block is already built out, the average (median) setback shall apply. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021)
§9067 PARKING REQUIREMENTS
The minimum parking area and number of on-site parking spaces required in the Neighborhood Commercial (C-N) Zoning District shall be as follows:
A. Commercial Uses:
1. Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300) square feet of gross leasable space.
2. Personal Services And Personal Improvement Facilities: One parking space for each three hundred fifty (350) square feet of gross floor area.
3. Restaurant: One parking space for every three (3) seats, with a minimum of four (4) spaces. An additional parking space for each two (2) employees at maximum shift.
4. Bicycle Parking: Safe bicycle parking facilities shall be provided in all new commercial developments where it is determined through the discretionary review process that the use would attract bicyclists. The number of bicycle parking spaces required shall be not less than ten percent (10%) of the number of required off-street automobile parking spaces. Such safe bicycle parking shall be located convenient to the entrance(s) to the use.
B. Residential Uses: The minimum parking areas are required for the following residential uses:
1. Single-Family Dwelling: Two (2) on-site parking spaces per unit.
2. Duplex: One and one-half (1.5) on-site parking spaces per unit.
3. Multiple-Family Dwelling: One on-site parking space per unit.
C. Other Uses: All other uses are subject to the provisions contained in Chapter 2, Article 17 of this division.
D. Exceptions: Relief from the parking requirements in the C-N zoning district may be approved through the discretionary review process, provided a finding is made that there is a unique circumstance associated with the use or property that results in a demand for less parking than normally expected.
E. Rear Or Side Lots: If parking is to be provided on the rear or sides of lots, fencing and landscaping shall be required to effectively screen the development from adjoining properties. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021)
§9067.5 LOT COVERAGE
The maximum lot coverage shall be sixty percent (60%) of the gross size of the parcel(s). Relief from the lot coverage standard can be approved through the discretionary review process, based upon the size, scope, and intensity of the development proposal. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021)
§9068 ADDITIONAL REQUIREMENTS
The following additional requirements are applicable in the Neighborhood Commercial (C-N) Districts:
A. A site development permit shall be required for development projects in the Neighborhood Commercial (C-N) Zoning District, pursuant to the requirements of subsection 9261B of this code, excluding multiple-family residential projects as described in section 9061 of this code that comply with the design and development standards in Chapter 2, Article 5.2 of this division.
B. No fence shall be constructed over three feet (3') in height in any required front yard.
C. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed on individual parcels subject to the following regulations:
1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the California Health and Safety Code.
2. Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies.
3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on-site construction.
D. All development projects that are not multiple-family residential projects or do not comply with the design and development standards in Chapter 2, Article 5.2 of this division for multiple-family projects and that require discretionary review in the C-N zoning district shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project and surrounding area. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing.
1. All proposed landscaping plans shall comply with the following standards:
a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Native species are strongly encouraged.
b. Deciduous trees shall constitute fifty-one percent (51%) of the trees proposed along the south and west building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar access.
c. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process.
d. Parking lots shall have a perimeter planting strip with both trees and shrubs.
e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than 3 feet (3') in width within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process.
f. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors.
g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless based upon the small size of a parcel as determined by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings.
h. Landscaping plans shall include an automatic irrigation system and lighting plan.
i. All required landscaping for commercial development projects shall be maintained.
j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible.
k. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.
E. All commercial land uses shall be limited in hours of operation from seven o’clock (7:00) A.M. to six o’clock (6:00) P.M., except where the Planning Commission approves alternative hours through the discretionary permit review process.
F. Existing developments as of the date hereof inconsistent with the provisions listed herein shall be considered legal nonconforming; provided, that they were legal at the time of their creation, and shall be subject to the provisions of section 9209 of this code. (Ord. 1006, §1, adopted 1998; Ord. 1168, §3, adopted 2016; Ord. 1216, §4, adopted 2021)
§9069 DETERMINATION OF APPROPRIATE USE
Whenever a use is not listed in this Article as a use permitted as of right or a use subject to a use permit in the C-N Zoning District, the Planning Director shall determine whether the use is appropriate for the Zoning District, either as of right or subject to a use permit. In making this determination, the Planning Director shall find as follows:
A. That the use would not be incompatible with other existing or allowed uses in the C-N Zoning District.
B. That the use would not be detrimental to the continuing development of the area in which the use would be located.
C. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses. All determinations of the Planning Director regarding whether a use can be allowed or permitted in the Neighborhood Commercial (C-N) Zoning District shall be final unless a written appeal to the City Council, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council resolution, is filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this Chapter. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Planning Director. All City Council decisions on appeals of the Planning Director’s actions are final for the City. (Ord. 1006, §1, adopted 1998)
Ord. 793, §2, adopted 1982; Ord. 921, §1, adopted 1991; Ord. 950, §1, adopted 1994; rep. by Ord. 1006, §1, adopted 1998)