23E.44.030 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.44.030

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

Department Stores

ZC*

 

Over 3,000 s.f.

Prohibited

 

Drugstores

ZC*

A new or expanded Drugstore is prohibited if it is over 5000 square feet in Gross Floor Area, and within 1000 feet of any property containing an existing Drugstore, as measured by a straight line from the nearest point of the property line of the parcel on which the Drugstore is proposed to the nearest point of the property line of the parcel on which the nearest Drugstore is located.

Firearm/Munitions Businesses

UP(PH)

Prohibited on any property devoted to residential use

Pawn Shops, including Auction Houses

Prohibited

 

Pet Stores, including Sales and Grooming of Animals

UP(PH)

Does not include boarding of animals

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/Household Services, except those listed below

ZC*

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

Laundromats

UP(PH)

 

Veterinary Clinics, including Pet Hospitals

UP(PH)

 

Video Tape/Disk Rental Stores

AUP

Offices

Financial Services, Retail (Banks)

UP(PH)

 

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

ZC*

When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area

Medical Practitioners

Prohibited

Including Holistic Health and Mental Health Practitioners

Non-Chartered Financial Institutions

Prohibited

 

Other Professionals and Government, Institutions, Utilities

AUP

When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area

Food and Alcohol Service, Lodging, Entertainment and Assembly Uses

Adult-oriented Businesses

Prohibited

 

Alcoholic Beverage Service

UP(PH)

Service of alcoholic beverages allowed only as incidental to food service in Food Service Establishments

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

ZC

For on-site consumption only

Amusement Device Arcades

Prohibited

 

Commercial Recreation Center

 

Outdoor use requires UP(PH)

Under 3,000 s.f.

AUP

Over 3,000 s.f.

UP(PH)

Dance, Exercise, Martial Arts and Music Studios

AUP

 

Entertainment Establishments, including Nightclubs

Prohibited

 

Food Service Establishments

AUP

Food Service Establishments must provide public notification of decision (NOD) within a 300-foot radius of the subject property.

Group Class Instruction for Business, Vocational or Other Purposes

AUP

 

Gyms and Health Clubs

AUP

 

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

UP(PH)

Motels, Tourist

Prohibited

 

Theaters

UP(PH)

Including Motion Pictures and Stage Performance

Automobile and Other Vehicle Oriented Uses

Automobile Parts Stores

ZC*

Excluding service of auto parts

Automobile Repair and Service, including Parts Service

Prohibited

 

Automobile Sales and Rentals

Prohibited

 

Automobile Washes, Mechanical or Self-Service

Prohibited

 

Automobile Wrecking Establishments

Prohibited

 

Gasoline/Automobile Fuel Stations

Prohibited

 

Motorcycle Stores, including Sales and/or Service

Prohibited

 

Recreational Vehicle and Trailers Sales and Rental, including Boats

Prohibited

 

Tire Sales/Service Stores

Prohibited

Parking, Outdoor and Exterior Service Window Uses

Activities or Storage Outside of a building

 

 

Not abutting R-District

AUP

 

When abutting R-District

UP(PH)

 

Automatic Teller Machines (exterior and when part of a Retail Financial Service)

UP(PH)

 

Drive-in Uses

Prohibited

Providing service to customers in their cars. See definition in Sub-title F

Parking Lots

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 the standards under Section 23E.44.070.E

Uses Incidental to a Permitted Use

Amusement Devices (up to three)

UP(PH)

 

Food or Beverage for Immediate Consumption

UP(PH)

Treated as Food Service Establishment and subject to numerical limitations in Table 23E.44.040. Incidental Food and Beverage for Immediate Consumption off the premises is permitted as an Accessory Use of a Food Product Store.

Live Entertainment

 

Unamplified

ZC

 

Amplified

Prohibited

 

Manufacturing Uses

UP(PH)

 

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

AUP

 

Wholesale Activities

UP(PH)

 

Six or fewer persons

ZC

 

Seven or more persons

AUP

 

New Construction

UP(PH)

 

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

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.44.070.F

Group Living Accommodations, subject to R-3 Standards

UP(PH)

Standards may be modified under Section 23E.44.070.F

Hospitals

Prohibited

 

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

UP(PH)

 

Libraries

UP(PH)

Subject to parking requirements under Section 23E.44.080

Nursing Homes

UP(PH)

Subject to parking requirements under Section 23E.44.080

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 persons

ZC

Seven or more persons

AUP

New Construction

UP(PH)

Miscellaneous Uses

Automatic Teller Machines

Prohibited

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

Prohibited

 

Emergency Shelter

 

See Chapter 23C.10.

Up to 25 beds

ZC

More than 25 beds

UP(PH)

Kennels or Pet Boarding

Prohibited

 

Laboratories, Testing

Prohibited

 

Mortuaries

Prohibited

 

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

Prohibited

 

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 and findings 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 2,000 sq. ft. shall require an AUP.

B.    Any Use not listed that is compatible with the purposes of the C-E District shall be permitted subject to securing an Administrative Use Permit. Any Use that is not compatible with the purposes of the C-E 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 following permit requirements as listed in the legend of Table 23E.44.030. (Ord. 7648-NS § 4, 2019; Ord. 7635-NS § 7, 2019: Ord. 7620-NS § 13, 2018; Ord. 7599-NS § 22, 2018; Ord. 7513-NS § 1, 2016; Ord. 7425-NS § 8, 2015; Ord. 7354-NS § 4, 2014; Ord. 7322-NS § 7, 2013; Ord. 7204-NS § 5, 2011; Ord. 7191-NS § 5, 2011: Ord. 7155-NS § 11, 2010; Ord. 7129-NS § 11, 2010; Ord. 6671-NS § 7, 2002: Ord. 6669-NS § 1, 2001: Ord. 6644-NS § 2, 2001: Ord. 6478-NS § 4 (part), 1999)