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 |
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Use and Required Permits |
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Use |
Classification |
Special Requirements (if any) |
Retail Sales |
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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 |
Delivery-Only Retailer |
ZC |
ZC shall only be considered after business is approved through a selection process approved by the City Council per BMC Section 12.22.020. Subject to restrictions on the ground floor; see Section 23C.25.010. |
Personal and Household Services |
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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 |
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Offices |
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Financial Services, Retail (Banks) |
UP(PH) |
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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 |
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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 |
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Outdoor use requires UP(PH) |
Under 3,000 s.f. |
AUP |
|
Over 3,000 s.f. |
UP(PH) |
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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 |
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Theaters |
UP(PH) |
Including Motion Pictures and Stage Performance |
Automobile and Other Vehicle Oriented Uses |
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Automobile Parts Stores |
ZC* |
Excluding service of auto parts |
Automobile Repair and Service, including Parts Service |
Prohibited |
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Automobile Sales and Rentals |
Prohibited |
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Automobile Washes, Mechanical or Self-Service |
Prohibited |
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Automobile Wrecking Establishments |
Prohibited |
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Gasoline/Automobile Fuel Stations |
Prohibited |
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Motorcycle Stores, including Sales and/or Service |
Prohibited |
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Recreational Vehicle and Trailers Sales and Rental, including Boats |
Prohibited |
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Tire Sales/Service Stores |
Prohibited |
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Parking, Outdoor and Exterior Service Window Uses |
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Activities or Storage Outside of a building |
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Not abutting R-District |
AUP |
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When abutting R-District |
UP(PH) |
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Automatic Teller Machines (exterior and when part of a Retail Financial Service) |
UP(PH) |
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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 |
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When seating not abutting R-District |
ZC |
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When seating abutting R-District |
AUP |
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Combination Commercial/Residential Uses |
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Live/Work Units |
|
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Not requiring a UP under Chapter 23E.20 |
ZC |
|
Requiring a UP under Chapter 23E.20 |
UP(PH) |
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Mixed Use Developments (Residential/Commercial) |
UP(PH) |
Subject to the standards under Section 23E.44.070.E |
Uses Incidental to a Permitted Use |
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Amusement Devices (up to three) |
UP(PH) |
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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 |
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Unamplified |
ZC |
|
Amplified |
Prohibited |
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Manufacturing Uses |
UP(PH) |
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Storage of Goods (over 25% of gross floor area) |
AUP |
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Wholesale Activities |
UP(PH) |
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Six or fewer persons |
ZC |
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Seven or more persons |
AUP |
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New Construction |
UP(PH) |
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Uses Permitted in Residential Districts |
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Accessory Dwelling Unit in compliance with Section 23C.24.050 |
ZC |
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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) |
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Child Care; Family Daycare Home (Small or Large) |
ZC |
|
Clubs, Lodges |
UP(PH) |
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Community Centers |
UP(PH) |
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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) |
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Schools, Public or Private |
UP(PH) |
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Senior Congregate Housing |
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Changes of use from an existing dwelling unit |
Six or fewer persons |
ZC |
|
Seven or more persons |
AUP |
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New Construction |
UP(PH) |
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Miscellaneous Uses |
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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 |
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More than 25 beds |
UP(PH) |
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Kennels or Pet Boarding |
Prohibited |
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Laboratories, Testing |
Prohibited |
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Mortuaries |
Prohibited |
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Public Utility Substations, Tanks |
UP(PH) |
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Radio, Television or Audio/Sound Recording and/or Broadcast Studios |
UP(PH) |
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Warehouses or Storage including Mini-storage Warehouses |
Prohibited |
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Wireless Telecommunications Facilities |
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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 |
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Low-Impact Urban Agriculture (LIUA) |
ZC |
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High-Impact Urban Agriculture (HIUA) |
AUP |
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Legend: |
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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. 7696-NS § 13, 2020; Ord. 7689-NS § 2, 2020; 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)