Title 17 PLANNING
Chapter 17.50 C-35 DISTRICT SHOPPING COMMERCIAL ZONE REGULATIONS
17.50.010 Title, purpose, and applicability.
17.50.040 Required design review process.
17.50.050 Permitted activities.
17.50.060 Conditionally permitted activities.
17.50.070 Permitted facilities.
17.50.080 Conditionally permitted facilities.
17.50.090 Restriction on accessory parking and loading within seventy-five feet of front lot line.
17.50.100 Special regulations applying to Convenience Markets, Fast-Food Restaurants, and certain establishments selling alcoholic beverages or providing mechanical or electronic games.
17.50.110 Special regulations applying to the demolition of a facility containing rooming units or to the conversion of a living unit to a nonresidential activity.
17.50.120 Limitations on Signs.
17.50.130 Minimum lot area, width, and frontage.
17.50.140 Maximum residential density.
17.50.150 Maximum nonresidential floor-area ratio.
17.50.160 Maximum height.
17.50.170 Minimum yards and courts.
17.50.180 Minimum usable open space.
17.50.190 Buffering.
17.50.200 Special regulations for mini-lot and planned unit developments.
17.50.210 Other zoning provisions.
17.50.010 Title, purpose, and applicability.
The provisions of this chapter shall be known as the C-35 district
shopping commercial zone regulations. The C-35 zone is intended to create,
preserve, and enhance areas with a wide range of retail establishments serving
both short and long term needs in compact locations oriented toward pedestrian
comparison shopping, and is typically appropriate to commercial clusters near
intersections of major thoroughfares. These regulations shall apply in the C-35
zone. (Ord. 12776 § 3, Exh. A (part), 2006: prior planning code §
4500)
17.50.040 Required design review process.
Except for projects that are exempt from design review as set forth in
Section 17.136.025, no Local Register Property, Residential Facility, Mixed Use
Development, Telecommunications Facility, Sign, or other associated structure
shall be constructed, established, or altered in exterior appearance, unless
plans for the proposal have been approved pursuant to the design review
procedure in Chapter 17.136, and when applicable, the Telecommunications
regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104. (Ord.
12776 § 3, Exh. A (part), 2006: Ord. 11904 § 5.60 (part), 1996: prior
planning code § 4502.1)
17.50.050 Permitted activities.
The following activities, as described in the use classifications in
Chapter 17.10, are permitted:
A. Residential Activities:
Permanent
Residential Care occupying a One-Family Dwelling Residential
Facility
B. Civic Activities:
Essential Service
Limited Child-Care
Community Assembly
Community Education
Nonassembly Cultural
Administrative
Health Care
Telecommunications
C. Commercial Activities:
General Food Sales
Convenience Sales and Service
Medical Service
General Retail Sales
General Personal Service
Consultative and Financial Service
Consumer Laundry and Repair Service
Administrative
Business and Communication Service
Retail Business Supply
(Ord. 12138 § 5 (part), 1999; Ord. 11904
§ 5.30 (part), 1996; prior planning code § 4503)
17.50.060 Conditionally permitted activities.
The following activities, as described in the use classifications in
Chapter 17.10, may be permitted upon the granting of a conditional use permit
pursuant to the conditional use permit procedure in Chapter
17.134:
A. Residential Activities:
Residential Care, except when occupying a One-Family Dwelling Residential
Facility
Service-Enriched Permanent Housing
Transitional Housing
Emergency Shelter
B. Civic Activities:
Utility and Vehicular
Extensive Impact
Special Health Care Civic Activities
C. Commercial Activities:
Check Cashier and Check Cashing
Convenience Market
Fast-Food Restaurant
Alcoholic Beverage Sales
Mechanical or Electronic Games, subject to the provisions of Section
17.102.210C
Group Assembly
General Wholesale Sales
Automotive Servicing
Automotive Repair and Cleaning
Automotive Fee Parking
Animal Care
D. Manufacturing Activities:
Custom
E. Agricultural and Extractive Activities:
Plant Nursery
Crop and Animal Raising
F. Off-street parking serving activities other
than those listed above or in Section 17.50.050, subject to the conditions set
forth in Section 17.102.100.
G. Additional activities which are permitted or
conditionally permitted in an adjacent zone, on lots near the boundary thereof,
subject to the conditions set forth in Section 17.102.110. (Ord. 12626 § 4
(part), 2004; Ord. 12450 § 8, 2002; Ord. 12138 § 5 (part), 1999; prior
planning code § 4504)
17.50.070 Permitted facilities.
The following facilities, as described in the use classifications in
Chapter 17.10, are permitted:
A. Residential Facilities:
One-Family Dwelling
Two-Family Dwelling
Multifamily Dwelling
Rooming House
B. Nonresidential Facilities:
Enclosed
Sidewalk Cafes, subject to the provisions of Section
17.102.335
C. Signs:
Residential
Special
Development
Realty
Civic
Business
D. Telecommunications Facilities:
Micro, except as
provided in Chapter 17.128 and Section 17.134.020(A) (23)
Mini, except as
provided in Chapter 17.128 and Section 17.134.020(A) (23)
(Ord. 12224 §
4 (part), 2000; Ord. 12021 § 2, 1997; Ord. 11904 § 5.36 (part), 1996;
prior planning code § 4505)
17.50.080 Conditionally permitted facilities.
The following facilities, as described in the use classifications in
Chapter 17.10, may be permitted
upon the granting of a conditional use permit
pursuant to the conditional use permit procedure in Chapter
17.134:
A. Nonresidential Facilities:
Open
Drive-In
Drive-Through
B. Telecommunications Facilities:
Macro
Monopole
(Ord. 12224 § 3 (part), 2000; Ord. 11904 § 5.41
(part), 1996; prior planning code § 4506)
17.50.090 Restriction on accessory parking and loading within seventy-five feet of front lot line.
Accessory off-street parking and loading activities, areas, and driveways
shall not be located within seventy-five (75) feet from the front lot line of
the lot on which they are located, except upon the granting of a conditional use
permit pursuant to the conditional use permit procedure in Chapter 17.134.
(Prior planning code § 4507)
17.50.100 Special regulations applying to Convenience Markets, Fast-Food Restaurants, and certain establishments selling alcoholic beverages or providing mechanical or electronic games.
See Section 17.102.210. (Prior planning code § 4508)
17.50.110 Special regulations applying to the demolition of a facility containing rooming units or to the conversion of a living unit to a nonresidential activity.
See Section 17.102.230. (Prior planning code § 4509)
17.50.120 Limitations on Signs.
A. General Limitations. All Signs shall be subject to the applicable
limitations set forth in Section 17.104.020. (Ord. 12606 Att. A (part), 2004:
prior planning code § 4513)
17.50.130 Minimum lot area, width, and frontage.
Every lot containing a Residential Facility shall have a minimum lot area
of four thousand (4,000) square feet and a minimum lot width of twenty-five (25)
feet, except as a lesser area or width is allowed by Section 17.106.010. No
minimum lot area or lot width is prescribed for any lot which does not contain a
Residential Facility. Every lot shall have a minimum frontage of twenty-five
(25) feet upon a street, except as this requirement is modified by Section
17.106.020. (Prior planning code § 4514)
17.50.140 Maximum residential density.
Residential uses shall be subject to the same maximum density and other
related regulations as are set forth in Section 17.28.120 for the R-70 zone.
(Ord. 12776 § 3, Exh. A (part), 2006: prior planning code §
4515)
17.50.150 Maximum nonresidential floor-area ratio.
The maximum floor-area ratio of any Nonresidential Facility shall be as
set forth below, subject to the provisions of Section 17.106.030 with respect to
maximum floor-area ratio on lots containing both Residential and Nonresidential
Facilities:
A. Permitted Floor-Area Ratio. The maximum permitted floor-area
ratio is 3.00, except that this ratio may be exceeded by ten percent on any
corner lot and may also be exceeded by ten percent on any lot which faces or
abuts a public park at least as wide as the lot.
B. Conditionally Permitted
Floor-Area Ratio. The floor-area ratio permitted by subsection A of this section
may be increased by not to exceed fifty (50) percent upon the acquisition of
development rights from nearby lots and the granting of a conditional use permit
pursuant to the conditional use permit procedure in Chapter 17.134, subject to
the provisions of Section 17.106.050. (Prior planning code §
4517)
17.50.160 Maximum height.
Except as provided in Chapter 17.128, no general maximum height is
prescribed, except that the height of facilities shall be limited, as prescribed
in Section 17.108.010, on lots lying along a boundary of any of certain other
zones. But see Section 17.50.120 for maximum height of Signs, and Section
17.108.130 for maximum height of facilities within minimum yards and courts.
(Ord. 11904 § 5.52, 1996: prior planning code § 4519)
17.50.170 Minimum yards and courts.
No yards or courts are generally required except as indicated below. The
following minimum yards and courts shall be provided unobstructed except for the
accessory structures or the other facilities allowed therein by Section
17.108.130:
A. Front Yard. A front yard shall be provided, as prescribed in
Section 17.108.040, in certain situations where part of the frontage on the same
side of a block is in a residential zone.
B. Side Yard--Street Side of
Corner Lot. A side yard shall be provided, as prescribed in Section 17.108.070,
on the street side of a corner lot in certain situations where a lot to the rear
of the corner lot is in a residential zone.
C. Side Yard--Interior Lot
Line.
1. A side yard shall be provided along an interior side lot line, when
and as prescribed in Section 17.108.080, for Residential Facilities.
2. A
side yard shall be provided, as prescribed in Section 17.108.090, along an
interior side lot line lying along a boundary of any of certain other
zones.
D. Rear Yard.
1. A rear yard with a minimum depth of ten feet
shall be provided for all Residential Facilities, except as a lesser depth is
allowed by Section 17.108.110.
2. A rear yard shall be provided, as
prescribed in Section 17.108.100, along a boundary of any of certain other
zones.
E. Courts. On each lot containing a Residential Facility, courts
shall be provided when and as required by Section 17.108.120. (Prior planning
code § 4520)
17.50.180 Minimum usable open space.
Usable open space shall be provided for Residential Facilities in
accordance with the same requirements as are set forth in Section 17.28.160 for
the R-70 zone. (Prior planning code § 4521)
17.50.190 Buffering.
All uses shall be subject to the applicable requirements of the buffering
regulations in Chapter 17.110 with respect to screening or location of parking,
loading, and storage areas; control of artificial illumination; and other
matters specified therein. See also Section 17.50.090. (Prior planning code
§ 4522)
17.50.200 Special regulations for mini-lot and planned unit developments.
A. Mini-Lot Developments. In mini-lot developments, certain of the
regulations otherwise applying to individual lots in the C-35 zone may be waived
or modified when and as prescribed in Section 17.102.320.
B. Planned Unit
Developments. Large integrated developments shall be subject to the planned unit
development regulations in Chapter 17.122 if they exceed the sizes specified
therein. In developments which are approved pursuant to said regulations,
certain uses may be permitted in addition to those otherwise allowed in the C-35
zone, and certain of the other regulations applying in said zone may be waived
or modified. (Prior planning code § 4523)
17.50.210 Other zoning provisions.
A. Parking and Loading. Off-street parking and loading shall be provided
as prescribed in the off-street parking and loading requirements in Chapter
17.116.
B. Home Occupations. Home occupations shall be subject to the
applicable provisions of the home occupation regulations in Chapter
17.112.
C. Nonconforming Uses. Nonconforming uses and changes therein shall
be subject to the nonconforming use regulations in Chapter
17.114.
D. General Provisions. The general exceptions and other regulations
set forth in Chapter 17.102 shall apply in the C-35 zone.
E. Recycling Space
Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply
in C-35 zone. (Amended during 1997 codification; Ord. 11807 § 3 (part),
1995; prior planning code § 4524)
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