23E.68.030 Uses Permitted

A.    The following table identifies permitted, permissible, and prohibited uses and sets forth the Permit required for each allowed use. Each use and 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. Uses within the Downtown Arts District Overlay area (ADO) are also subject to Section 23E.68.040.

Table 23E.68.030

Use and Required Permits 

Use

Classification

Special Requirements

Retail Sales

All Retail Sales Uses, except those listed below

ZC

As defined in Sub-title 23F, except otherwise listed

Alcoholic Beverage Retail Sales, including liquor stores and wine shops

UP(PH)

Includes sale for off-site consumption at restaurants

Department Stores

AUP

 

Under 10,000 s.f.

ZC

 

Firearm/Munitions Businesses

Prohibited

 

Pawn Shops, including Auction Houses

UP(PH)

 

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

UP(PH)

 

Smoke Shops

Prohibited

 

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 23F, except those otherwise listed (does not include Massage)

Laundromats

UP(PH)

 

Veterinary Clinics

UP(PH)

Including Pet Hospitals

Offices

Financial Services, Retail (Banks)

AUP

Within the Arts District Overlay, see Section 23E.68.040

Under 7,500 s.f.

ZC

Within the A.D.O.

AUP

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

ZC

Subject to additional requirements; see Section 23E.68.060.E

Within the A.D.O.

AUP

Within the Arts District Overlay, see Section 23E.68.040

Medical Practitioners

ZC

Including Holistic Health and Mental Health Practitioners

Within the A.D.O.

AUP

Within the Arts District Overlay, see Section 23E.68.040

Non-Chartered Financial Institutions

Prohibited

 

Other Professionals and Government, Institutions, Utilities

ZC

Subject to additional requirements; see Section 23E.68.060.E

Within the A.D.O.

AUP

Within the Arts District Overlay, see Section 23E.68.040

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

Adult-Oriented Businesses

UP(PH)

Subject to additional requirements; see Section 23E.16.030

Prohibited on Public Serving Frontages

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

 

 

Under 5,000 s.f.

ZC

Outdoor use requires UP(PH)

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

UP(PH)

Including Nightclubs

Food Service Establishments:

 

 

Under 3,000 s.f.

ZC

Within the Arts District Overlay, see Section 23E.68.040

See Alcoholic Beverage Service above.

Over 3,000 s.f.

AUP

Within the A.D.O.

AUP

Group Class Instruction for Business, Vocational or Other Purposes

ZC

Subject to additional requirements; see Section 23E.68.060.E

Gyms and Health Clubs

AUP

Subject to additional requirements; see Section 23E.68.060.E

Under 7,500 s.f.

ZC

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

UP(PH)

 

Motels, Tourist

UP(PH)

 

Theaters, including Motion Pictures and Stage Performance

AUP

 

Automobile and Other Vehicle-Oriented Uses

Automobile Parts Stores

Prohibited

 

Automobile Repair and Service

Prohibited

 

Automobile Sales and Rentals, and motorcycle stores

UP(PH)

 

Automobile Washes, Mechanical or Self-Service

Prohibited

 

Automobile Wrecking Establishments

Prohibited

 

Gasoline/Automobile Fuel Stations

Prohibited

 

Recreational Vehicle and Trailers Sales and Rental

Prohibited

Including Boats

Tire Sales/Service Stores

Prohibited

 

Parking, Outdoor and Exterior Service Window Uses

Activities or Storage Outside of a building:

 

 

When not abutting R-District

AUP

 

When abutting R-District

UP(PH)

 

Drive-in uses

Prohibited

 

Surface Parking Lots:

 

 

Eight (8) or fewer Off-street Parking Spaces

AUP

 

More than eight (8) Off-street Parking Spaces

Prohibited

 

Parking Structures

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 (e.g. Residential/Commercial; Hotel/Other Commercial; Office/Other Commercial)

UP(PH)

Subject to additional requirements; see Section 23E.68.060.F

Subject to Section 23E.68.070

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

As per R-5 District

See Table 23D.44.030

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

AUP

 

Clubs, Lodges

UP(PH)

 

Community Centers

UP(PH)

 

Dwelling Units, including multifamily developments

UP(PH)

Subject to the standards under Section 23E.68.060.F

Group Living Accommodations subject to R-3 Standards

UP(PH)

Subject to the standards under Section 23E.68.060.F

Hospitals

UP(PH)

 

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

UP(PH)

Subject to Section 23E.68.060.F

Libraries

UP(PH)

 

Nursing Homes

UP(PH)

 

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

 

Change of use of an existing dwelling unit

Six or fewer people

ZC

 

Seven or more persons

AUP

 

New Construction

UP(PH)

Subject to Section 23E.68.070

Miscellaneous Uses

Automatic Teller Machines When not a Part of a Retail Financial Service

 

 

Exterior

UP(PH)

 

Interior

AUP

 

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)

 

Dry Cleaning and Laundry Plants

UP(PH)

 

Emergency Shelter

 

See Chapter 23C.10.

Up to 60 beds

ZC

More than 60 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 Studios

AUP

 

Broadcast Studios

UP(PH)

 

Warehouses or Storage including Mini-storage Warehouses

UP(PH)

 

Wireless Telecommunications Facilities

 

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

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

AUP

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

 

 

B.    The Zoning Officer may approve an Administrative Use Permit for any use that he or she determines is compatible with the purposes of the C-DMU District. Any use that is not listed that is not compatible with the purposes of the C-DMU District shall be prohibited. (Ord. 7648-NS § 10, 2019; Ord. 7635-NS § 22, 2019; Ord. 7625-NS § 6, 2018; Ord. 7620-NS § 19, 2018; Ord. 7599-NS § 28, 2018; Ord. 7521-NS § 16, 2017; Ord. 7467-NS § 1, 2016; Ord. 7444-NS § 1, 2015: Ord. 7425-NS § 20, 2015; Ord. 7322-NS § 13, 2013; Ord. 7229-NS § 1 (part), 2012)