CHAPTER 2
ZONING
ARTICLE 8. REGULATIONS IN HEAVY COMMERCIAL (C-2) DISTRICTS1
SECTION:
§9101: Additional Requirements
§9102: Determination Of Appropriate Use
§9095 PURPOSE AND INTENT
The purpose of the Heavy Commercial Zoning District is to provide opportunities for commercial service, wholesale activities, auto repair shops, agricultural supply stores, and other activities which are generally inappropriate in areas developed with professional offices and retail stores. The Heavy Commercial Zone also encourages the integration of multiple-family housing. The Heavy Commercial (C-2) Zoning District is consistent with the commercial (C) general plan land use designation. (Ord. 1006, §1, adopted 1998; Ord. 1216, §6, adopted 2021)
§9096 ALLOWED USES
The following uses are allowed in the Heavy Commercial (C-2) Zoning District:
Accessory uses to any allowed or permitted uses.
Accessory dwelling units (ADUs), as regulated by Chapter 2, Article 5.3 of this division.
Business service.
Cabinet shop, sign shop, and machine shop.
Construction sales and service.
Equipment repair shop.
Family daycares, large and small.
Farm equipment sales and feed stores.
Junior accessory dwelling units (JADUs), as regulated by Chapter 2, Article 5.4 of this division.
Laundry service and laundromat.
Low barrier navigation centers.
Mini/convenience storage.
Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, transitional housing, supportive housing, single-room occupancies (SROs)) that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.
New and used automobile sales.
Recycling facility.
Safety service.
Service (gas) station, automobile repair, automobile body and painting shop, and car washing facility.
Transportation service.
Warehousing and distribution (limited).
Wholesale store. (Ord. 1006, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1205, §10, adopted 2020; Ord. 1216, §6, adopted 2021; Ord. 1244, §9, adopted 2024)
§9097 PERMITTED USES
The following uses require approval of a use permit pursuant to the provisions contained in section 9262 of this code:
Cannabis cultivation – Large indoor.
Cannabis cultivation – Large mixed light.
Cannabis cultivation – Medium indoor.
Cannabis cultivation – Medium mixed light.
Cannabis cultivation – Processor.
Cannabis cultivation – Small indoor.
Cannabis cultivation – Small mixed light.
Cannabis cultivation – Specialty cottage.
Cannabis cultivation – Specialty indoor.
Cannabis cultivation – Specialty mixed light.
Cannabis distribution.
Cannabis manufacturer – Packaging.
Cannabis manufacturer – Shared use.
Cannabis manufacturing – Level 1.
Cannabis microbusiness.
Cannabis nursery.
Cannabis retailer.
Cannabis testing laboratory.
Establishment, maintenance, operation and removal of circuses, carnivals, amusement parks, open air theaters, or other similar temporary establishments involving large assemblages of people.
Hotels, motels, and bed and breakfast establishments.
Light industrial and manufacturing uses.
Mobile home parks.
Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, transitional housing, supportive housing, single-room occupancies (SROs)) that do not comply with the design and development standards in Chapter 2, Article 5.2 of this division.
Outdoor sales establishments that occur for no more than thirty (30) days within a twelve (12) month period may be considered by the Zoning Administrator. All other applications shall be heard by the Planning Commission.
A. All outdoor sales establishments shall comply with the following criteria:
1. Parking: Parking shall be designated for a minimum of three (3) automobiles, located off the public right of way with no automobile maneuvering permitted in the public right of way. The use permit may require additional parking, depending on the nature of sales proposed.
2. Signage: A maximum of twenty five percent (25%) of the largest side of the vehicle or structure used in the sales operation. In addition, one sandwich board or "A" frame sign pursuant to subsection 3227A5 of this code.
3. Utilities: The need for sanitary sewer, water, and electrical services shall be determined through the use permit process, and all hookups shall comply with this code.
4. Business License: Business license must be prominently displayed at all times, and the operator shall have proof of board of equalization sales permit.
Parks, playgrounds, community gardens, and other recreational uses.
Public and quasi-public buildings, structures and uses.
Resident manager/security personnel housing.
Retail stores, restaurants, and professional offices.
Temporary uses complying with the purpose and intent of this district. The temporary use shall be for a maximum period of six (6) months, and shall be subject to permit renewal/time extension at the discretion of the planning director.
Warehousing and distribution (general). (Ord. 1006, §1, adopted 1998; Ord. 1186, §2, adopted 2018; Ord. 1216, §6, adopted 2021; Ord. 1226, §4, adopted 2022)
§9098 BUILDING HEIGHT LIMITS
The maximum height of any building in a C-2 district shall be as follows:
A. Fifty feet (50') for primary buildings.
B. Thirty feet (30') for accessory buildings.
C. To exceed the height limits for primary and accessory buildings, a use permit must first be secured. (Ord. 1006, §1, adopted 1998; Ord. 1216, §6, adopted 2021)
§9099 YARDS REQUIRED
In C-2 districts yards shall be required in the following minimum widths:
A. Front Yards For Single-Story Buildings: On both interior and corner lots the front setback line shall be a minimum of five feet (5') measured from the street right-of-way line fronting such lot. On corner lots, a ten-foot (10') vision triangle may be required for traffic safety.
B. Front Yards For Multiple-Story Buildings: The front setback line shall be a minimum of five feet (5') measured from the street right-of-way line fronting each side of the lot. On corner lots, a ten-foot (10') vision triangle may be required for traffic safety.
C. Rear And Side Yards: None required except where the rear or side of a lot abuts on an R-1, R-2, or R-3 district, in which case such rear or side yard shall be that of the adjoining zone. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1216, §6, adopted 2021)
§9100 PARKING REQUIRED
The minimum parking area required in the Heavy Commercial (C-2) Zoning District shall be as follows:
A. Commercial Uses:
1. Wholesale Stores: One parking space for each four hundred (400) square feet of gross leasable space.
2. Automobile Sales: One space for each five hundred (500) square feet of floor area plus one space for each two thousand (2,000) square feet of outdoor display area.
3. Cabinet Shop, Machine Shop, And Sign Shop: One space for each employee on the maximum shift plus required space for office areas. Two (2) spaces are also required for customer parking, and one space for each vehicle operated from or on the site.
4. Warehouse, Mini/Convenience Storage: One parking space for each two thousand five hundred (2,500) square feet. Four (4) additional spaces are also required for customers, one parking space for each two (2) employees at maximum shift, and one space for each vehicle operated from or on the site.
5. Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300) square feet of gross leasable floor area.
6. Bicycle Parking: Safe bicycle parking facilities shall be provided in all new commercial developments where it is determined 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. 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-2 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. (Ord. 1006, §1, adopted 1998; Ord. 1216, §6, adopted 2021)
§9101 ADDITIONAL REQUIREMENTS
The following additional requirements are applicable in the Heavy Commercial (C-2) Zoning District:
A. A site development permit shall be required for development projects in the Heavy Commercial (C-2) Zoning District, pursuant to the requirements of subsection 9261B of this code, excluding multiple-family residential projects as described in section 9096 of this code that comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division.
B. Any balcony, window, or door shall use at least one of the following development approaches to lessen the privacy impacts onto adjacent properties. These techniques include use of obscured glazing, landscaped/privacy buffer in the required setback with a minimum of five feet (5'), window placement above eye level, or locating balconies, windows, and doors facing toward the street and backyard. Trees and landscaping used as a landscaped/privacy buffer shall be planted and maintained by the property owner to preserve the privacy of adjacent property owners.
C. All development projects in the C-2 zoning district that are not multiple-family residential projects or do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division require discretionary review and shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project. 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 three 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.
D. No fence shall be constructed over three feet (3') in height in any required front yard setback area.
E. Existing developments as of the date of this article 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 nonconforming provisions contained in this chapter. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1168, §3, adopted 2016; Ord. 1216, §6, adopted 2021)
§9102 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-2 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-2 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 heavy commercial (C-2) 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. 828, §1, adopted 1984; rep. by Ord. 1006, §1, adopted 1998.