Chapter 18.22
HCB HIGHWAY AND COMMUNITY BUSINESS DISTRICT
Sections:
18.22.010 Purpose.
18.22.020 Permitted uses.
18.22.030 Conditional uses.
18.22.040 Building height.
18.22.050 Lot area, lot width and yard requirements.
18.22.060 Lot coverage.
18.22.070 Parking.
18.22.080 Signs.
18.22.090 General requirements.
18.22.100 Adult-oriented businesses.
18.22.010 Purpose.
The HCB community business district is intended to create, preserve and enhance areas with a wide range of retail sales and service establishments serving both long and short term needs in compact locations typically appropriate to commercial clusters near intersections of major thoroughfares. This district also includes some development which does not strictly fit the description of this chapter but also does not merit a zoning district. (Ord. 1960 § 3, 1998).
18.22.020 Permitted uses.
In the HCB community business district the following buildings and uses are permitted as hereinafter specifically provided for by this chapter, subject to the other provisions of these development regulations:
1. All uses except newsstands, private or public parking areas, nurseries, and service station pump islands shall be in an entirely closed building unless otherwise specified by a conditional use permit;
2. Accessory buildings and uses normal and incidental to the buildings and uses permitted in this chapter;
3. All uses permitted in the NB district except meat markets and any other uses specifically modified or limited by this chapter;
4. Antique shops;
5. Appliance sales and service;
6. Art supplies;
7. Auction sales, excluding livestock;
8. Automobile parts and accessories stores;
9. Automobile sales, new and used;
10. Bicycle shops;
11. Blood banks;
12. Blueprinting;
13. Bowling alleys;
14. Building maintenance service;
15. Building material sales;
16. Business offices, general;
17. Camera and supplies shops;
18. Car washes, coin-operated or mechanical;
19. Catering services;
20. Clothing apparel shops;
21. Clubs, lodges and meeting halls;
22. Colleges, business or private;
23. Confectionery stores with fountains;
24. Curio shops;
25. Data processing centers;
26. Department stores;
27. Drapery stores;
28. Dress and millinery shops;
29. Dry cleaning establishments, coin-operated, custom and self-service;
30. Electrical and electronic supplies, retail;
31. Floor covering stores;
32. Furniture stores;
33. Garden supplies;
34. Grocery stores, markets and supermarkets, including food products stores, retail;
35. Hardware stores;
36. Health studios;
37. Hobby shops, including slot racing tracks;
38. Hotels, motels, motor hotels or tourist courts;
39. Jewelry stores;
40. Laboratories, medical and dental;
41. Leather goods stores;
42. Liquor stores, package;
43. Lockers, cold storage, retail use only;
44. Locksmith shops;
45. Mobile home sales;
46. Mortuaries;
47. Music stores;
48. Nurseries, plant;
49. Offices, general administration;
50. Office supplies and equipment stores;
51. Paint and wallpaper stores;
52. Photographic film processing, photoengraving, photocopying and photostating;
53. Printing shops;
54. Public and semipublic buildings;
55. Radio and television broadcasting studios;
56. Reducing salons;
57. Restaurants, drive-in and walk-up;
58. Schools, business or private;
59. Sewing machine sales and service;
60. Shoe stores;
61. Sporting goods stores;
62. Surgical, medical and dental supplies and equipment stores;
63. Taverns;
64. Tobacco shops;
65. Travel agencies;
66. Upholstery, automobile and furniture;
67. RV sales. (Ord. 1960 § 3, 1998).
18.22.030 Conditional uses.
The planning commission may grant a conditional use permit for any of the following buildings and uses in accordance with the procedures set forth in Chapter 18.38 EMC:
A. Ambulance services;
B. Auditoriums and theaters;
C. Bars or night clubs; provided, that only a liquor license of the type “class H” is applied for;
D. Cocktail lounges;
E. Dance halls;
F. Dwelling units, including one owner-operator dwelling unit either on the ground floor of the business building or the second floor. The permitted density shall be stated on the conditional use permit;
G. Group care homes;
H. Hazardous waste storage facilities;
I. Hazardous waste treatment facilities;
J. Hospitals;
K. Miniature golf courses;
L. Motor vehicle sales, service and repairs;
M. Movie theaters;
N. Music or dancing schools;
O. Pet shops;
P. Garages for the storage or care of automobiles;
Q. Service stations;
R. Skating rinks, indoor;
S. Small animal hospitals and clinics and kennels;
T. Theaters, drive-in;
U. Any other building or uses determined to be similar to those listed in EMC 18.22.020. (Ord. 1960 § 3, 1998).
18.22.040 Building height.
No principal building shall exceed three stories or 35 feet except when the district abuts upon a residential district the maximum permitted building height shall not exceed the maximum building height permitted in the abutting residential district for a distance of 120 feet from the abutting boundary. (Ord. 1960 § 3, 1998).
18.22.050 Lot area, lot width and yard requirements.
The following minimum requirements shall be observed, except where increased for conditional uses:
A. Lot area: 10,000 square feet;
B. Lot width: none specified;
C. Front yard: 15 feet;
D. Rear and side yards: all lots or development sites in the HCB district shall have no rear and side yards required where the lots and development sites abut property lines of commercially or industrially zoned property;
E. Zone Transition Parcels. When parcels in the HCB district directly abut a residential-zoned property, the setback along the abutting residential property shall adhere to the residential setback standards. (Ord. 2177 § 6, 2003; Ord. 1960 § 3, 1998).
18.22.060 Lot coverage.
Maximum lot coverage in a district shall be 40 percent. (Ord. 1960 § 3, 1998).
18.22.070 Parking.
All uses shall conform to the general provisions as required in Chapters 19.14 and 19.16 EMC. (Ord. 1960 § 3, 1998).
18.22.080 Signs.
Signs permitted in the HCB district are those allowed in Chapter 19.10 EMC. (Ord. 1960 § 3, 1998).
18.22.090 General requirements.
The following additional conditions shall apply in a HCB district:
A. All uses shall be conducted wholly within a completely enclosed building except for service stations, off-street parking and loading facilities, swimming pools, and building materials.
B. In any HCB district directly across the street from any residential district designated on the comprehensive plan or zoning map, the parking and loading facilities shall be a distance at least 20 feet from the street; provided, however, that the foregoing requirements of this subsection shall not apply where such residential district is separated from the HCB district by a street planned to have a right-of-way of 80 feet or more; provided further, that a screen wall and/or landscaping is established and maintained on the HCB property.
C. All operations conducted on the premises shall not constitute a nuisance by reason of smoke, fumes, odor, steam, gases, vibrations, noise, hazards or other causes beyond the property boundary lines and shall comply with the provisions of Chapter 19.22 EMC. (Ord. 1960 § 3, 1998).
18.22.100 Adult-oriented businesses.
A. Public Display. For the purposes of this section, the following regulations shall apply to all adult-oriented businesses: Advertisements, displays, or other promotional materials for an adult-oriented business which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semipublic places.
B. Location.
1. An adult-oriented business shall only be allowed as a conditional use in the HCB district.
2. Adult-oriented businesses shall not be located on any lot within 1,000 feet of any lot on which there is located another adult-oriented business.
C. Conditional Use Application. An application for a conditional use permit for an adult-oriented business must meet the requirements of Chapter 18.38 EMC. In addition to such requirements, an application for a conditional use permit shall not be granted unless information is submitted by the applicant and/or is presented in a public hearing substantiating the following findings:
1. The requested use at the proposed location will not adversely affect the use of a church, temple or other place used exclusively for religious worship, school, park, playground or similar use within a 1,000-foot radius; and
2. The requested use at the proposed location is sufficiently buffered in relation to residentially zoned areas within the immediate vicinity so as not to adversely affect the areas; and
3. The exterior appearance of the structure will not be inconsistent with the external appearance of the commercial structures already constructed or in the course of construction within the immediate neighborhood so as to cause blight, deterioration, or substantial depreciation in property values within the neighborhood. (Ord. 1960 § 3, 1998).