23E.36.030 Uses Permitted

A.    The following table sets forth the permits required for each listed item. Each use or structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)) or is prohibited.

Table 23E.36.030

Use and Required Permits 

Use

Classification

Special Requirements (if any)

Retail Sales

All Retail Sales Uses, except those listed below

ZC*

As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores)

Alcoholic Beverage Retail Sales including Liquor Stores and Wine Shops

UP(PH)

Includes sale for off-site consumption at restaurants

Prohibited within the University Avenue Strategic Plan Overlay (unless in conjunction with a restaurant or general food product store)

Department Stores

ZC*

 

Firearm/Munitions Businesses

UP(PH)

Prohibited on any property devoted to residential use

Pawn Shops, including Auction Houses

UP(PH)

Prohibited within the University Avenue Strategic Plan Overlay

Pet Stores, including Sales and Grooming of Animals (but not Boarding)

UP(PH)

Smoke Shops

UP(PH)

Prohibited if within 1,400 feet of a school or public park

Cannabis Retailer

ZC

ZC shall only be issued after business is approved through the selection process

Subject to the requirements of Chapter 23C.25 and BMC Chapters 12.21 and 12.22

Personal and Household Services

All Personal and Household Services, except those listed below

ZC*

As defined in Sub-title F, except those otherwise listed (does not include Massage)

Laundromats

AUP

Veterinary Clinics, including Pet Hospitals

UP(PH)

 

Offices

Financial Services, Retail (Banks)

AUP

 

Insurance Agents, Title Companies, Real Estate Agents, Travel Agents

ZC*

 

Medical Practitioners, including Holistic Health and Mental Health Practitioners

ZC*

Subject to parking requirements; see Table 23E.36.080

Non-Chartered Financial Institutions

UP(PH)

Subject to additional requirements; see Table 23E.36.080

Other Professionals, and Government, Institutions, Utilities

ZC*

 

Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses

Adult-oriented Businesses

UP(PH)

Subject to additional requirements; see Section 23E.16.030

Alcoholic Beverage Service of beer and wine incidental to seated food service

ZC

For on-site consumption only

Alcoholic Beverage Service, including Bars, Cocktail Lounges, and Taverns

UP(PH)

Includes service of distilled spirits incidental to food service

Amusement Device Arcades

UP(PH)

Subject to additional requirements; see Section 23E.16.050

Commercial Recreation Center

 

Outdoor use requires UP(PH)

Under 5,000 s.f.

ZC

Between 5,000--10,000 s.f.

AUP

Over 10,000 s.f.

UP(PH)

Dance, Exercise, Martial Arts and Music Studios

ZC*

Entertainment Establishments, including Nightclubs

UP(PH)

 

Food Service Establishments

 

Food Service Establishments that exclusively sell food for offsite consumption are prohibited at any location on University Avenue between Oxford Street and Martin Luther King Jr. Way until a Downtown Retail Plan is adopted by the City Council

Under 1,500 s.f.

ZC

Over 1,500 s.f.

AUP

Group Class Instruction for Business, Vocational or Other Purposes

ZC*

 

Gyms and Health Clubs

AUP

 

Under 7,500 s.f.

ZC*

Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels

UP(PH)

Subject to parking requirements; see Section 23E.36.080

Motels, Tourist

UP(PH)

Subject to parking requirements; see Section 23E.36.080

Theaters, including Motion Pictures and Stage Performance

UP(PH)

 

Automobile and Other Vehicle Oriented Uses

Automobile Parts Stores

ZC*

Excluding service of auto parts. Prohibited within the University Avenue Strategic Plan Overlay

Automobile Repair and Service, including Parts Service

AUP

Prohibited within the University Avenue Strategic Plan Overlay

Automobile Sales and Rentals

AUP

Prohibited within the University Avenue Strategic Plan Overlay

Automobile Washes, Mechanical or Self-Service

UP(PH)

Prohibited within the University Avenue Strategic Plan Overlay

Automobile Wrecking Establishments

Prohibited

 

Gasoline/Automobile Fuel Stations

UP(PH)

 

Motorcycle Stores, including Sales and/or Service

UP(PH)

Prohibited within University Avenue Strategic Plan Overlay

Recreational Vehicle and Trailers Sales and Rental, including Boats

AUP

Prohibited within University Avenue Strategic Plan Overlay

Tire Sales/Service Stores

UP(PH)

Prohibited within University Avenue Strategic Plan Overlay

Parking, Outdoor and Exterior Service Window Uses

Automatic Teller Machines

AUP

Exterior and when part of a Retail Financial Service

Drive-in Uses

UP(PH)

Providing service to customers in their cars. See definition in Sub-title F. Prohibited within University Avenue Strategic Plan Overlay

Activities or Storage outside of a building

 

 

Not abutting R-District

AUP

 

When abutting R-District

UP(PH)

 

Parking Lots

 

 

Five or fewer Off-street Parking Spaces

ZC

 

More than five Off-street Parking Spaces

UP(PH)

 

Recycling Redemption Centers

AUP

 

Outdoor Cafe Seating

 

 

When seating not abutting R-District

ZC

 

When seating abutting R-District

AUP

 

Combination Commercial/Residential Uses

Live/Work Units

 

 

Not requiring a UP under Chapter 23E.20

ZC

Requiring a UP under Chapter 23E.20

UP(PH)

Mixed Use Developments (Residential/Commercial)

UP(PH)

Subject to Sections 23E.36.070.D and 23E.36.080.E. Within the University Avenue Strategic Plan Overlay areas, the following uses are not allowed on the ground floor of a Mixed Use building unless a Use Permit is issued pursuant to Sections 23E.36.090.A and B: residential units and uses (other than parking) which serve the residential uses, e.g., leasing and management of the building

Uses Incidental to a Permitted Use

Amusement Devices (up to three)

AUP

 

Food or Beverage for Immediate Consumption

ZC

 

Live Entertainment

 

 

Unamplified

ZC

 

Amplified

AUP

 

Manufacturing Uses

AUP

 

Storage of Goods (over 25% of gross floor area)

AUP

 

Wholesale Activities

AUP

 

Uses Permitted in Residential Districts

Accessory Dwelling Unit in compliance with Section 23C.24.050

ZC

 

Accessory Dwelling Unit that does not comply with requirements under Section 23C.24.050

AUP

Subject to making applicable findings in Section 23C.24.070

Accessory Uses and Structures

Per R-3 District

See Table 23D.36.030

Accessory Buildings and Structures with Urban Agriculture

ZC

23C.26, 23D.08.010, 23D.08.020, 23D.08.050, and 23D.08.060

Short-Term Rental

ZC

Subject to requirements of Chapter 23C.22

Child Care Centers

UP(PH)

 

Clubs, Lodges

UP(PH)

 

Community Centers

UP(PH)

 

Dwelling Units, subject to R-3 Standards

UP(PH)

Standards may be modified under Section 23E.36.070.E. Residential-only projects are prohibited within the University Avenue Node Overlay areas, and permitted within University Avenue Overlay Mixed Use areas

Group Living Accommodations subject to R-3 Standards

UP(PH)

Standards may be modified under Section 23E.36.070.E

Hospitals

UP(PH)

Subject to parking requirements; see Section 23E.36.080

Hotels, Residential, including Single Room Occupancy (SRO) Hotels

UP(PH)

 

Libraries

UP(PH)

Subject to parking requirements; see Section 23E.36.080

Nursing Homes

UP(PH)

Subject to parking requirements; see Section 23E.36.080

Parks and Playgrounds

ZC

 

Public Safety and Emergency Services

UP(PH)

 

Religious Assembly Uses

UP(PH)

 

Schools, Public or Private

UP(PH)

Senior Congregate Housing

 

Changes of use from an existing dwelling unit

Six or fewer people

ZC

Seven or more persons

AUP

New Construction

UP(PH)

Miscellaneous Uses

Automatic Teller Machines

UP(PH)

When not a part of a Retail Financial Service

Cafeteria, Employee or Residential

UP(PH)

 

Cemeteries, Crematories, Mausoleums

Prohibited

 

Columbaria

AUP

Allowed with a ZC if incidental to a Community and Institutional Use, limited to 400 niches, no more than 5% of the subject property area, and located within the main building

Circus or Carnival

UP(PH)

 

Commercial Excavation

UP(PH)

Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas

Dry Cleaning and Laundry Plants

UP(PH)

 

Emergency Shelter

 

See Chapter 23C.10.

Up to 25 beds

ZC

More than 25 beds

UP(PH)

Kennels or Pet Boarding

Prohibited

 

Laboratories, Testing (including Cannabis Testing)

AUP

 

Mortuaries

UP(PH)

 

Public Utility Substations, Tanks

UP(PH)

 

Radio, Television, or Audio/Sound Recording and/or Broadcast Studios

UP(PH)

 

Warehouses or Storage including Mini-storage Warehouses

UP(PH)

Prohibited within the University Avenue Strategic Plan Overlay

Wireless Telecommunications Facilities

 

 

Microcell Facilities, Modifications to Existing Sites, and Additions to Existing Sites When the Site Is Not Adjacent to a Residential District

AUP

Subject to the requirements of Section 23C.17.100

All Other Telecommunication Facilities

UP(PH)

Subject to the requirements and findings of Section 23C.17.100

Urban Agriculture

 

23C.26

Low-Impact Urban Agriculture (LIUA)

ZC

 

High-Impact Urban Agriculture (HIUA)

AUP

 

Legend:

ZC – Zoning Certificate

AUP – Administrative Use Permit

UP(PH) – Use Permit, public hearing required

Prohibited – Use not permitted

*Change of Use of floor area over 3,000 sq. ft. shall require an AUP.

B.    Any use not listed that is compatible with the purposes of the C-1 District shall be permitted subject to securing an Administrative Use Permit. Any use that is not compatible with the purposes of the C-1 District shall be prohibited.

C.    The initial establishment or change of use of floor area of an existing non-residential building, or portion of building, shall be subject to the permit requirements as listed in the legend of Table 23E.36.030. (Ord. 7648-NS § 2, 2019; Ord. 7635-NS § 3, 2019; Ord. 7625-NS § 4, 2018; Ord. 7620-NS § 11, 2018; Ord. 7599-NS § 20, 2018; Ord. 7561-NS § 6, 2017; Ord. 7521-NS § 11, 2017; Ord. 7425-NS § 4, 2015; Ord. 7322-NS § 6, 2013; Ord. 7204-NS § 3, 2011; Ord. 7191-NS § 1, 2011: Ord. 7155-NS § 9, 2010; Ord. 7129-NS § 9, 2010; Ord. 7072-NS § 1, 2009; Ord. 6848-NS § 7 (part), 2005: Ord. 6830-NS § 2 (part), 2004: Ord. 6671-NS §7, 2001: Ord. 6669-NS § 1, 2001: Ord. 6644-NS § 2, 2001: Ord 6514-NS § 1, 1999: Ord. 6478-NS § 4 (part), 1999)