Chapter 17.34
C-P COMMERCIAL, ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE
Sections:
17.34.030 Uses permitted subject to conditional use permit.
17.34.050 Property development standards generally.
17.34.090 Building height – Generally.
17.34.100 Building height – Exceptions – Permitted projections above limit.
17.34.120 Distance between buildings.
17.34.130 Fences and walls – Required walls.
17.34.140 Fences and walls – Hazardous areas.
17.34.150 Fences and walls – Swimming pools.
17.34.160 Fences and walls – Corner cutback area regulations.
17.34.170 Permitted fences, hedges and walls.
17.34.210 Allowable signs and special regulations.
17.34.010 Intent.
The C-P commercial, administrative and professional office zone is intended to provide for the development of an integrated office and professional zone wherein all of the related types of uses and facilities may be located. (1964 Code Appx. A § 7.00.)
17.34.020 Permitted uses.
Buildings, structures and land shall be used, and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following purposes, plus such other uses as the commission and council may deem (pursuant to Chapter 17.60 CMC) to be similar and not more obnoxious or detrimental to the public health, safety and welfare. Uses shall be subject to the property development standards of CMC 17.34.050 through 17.34.220:
A. Office and service uses (which no chattels or goods, wares or merchandise are manufactured or sold):
1. Administrative and professional offices,
2. Ambulance service,
3. Dental clinic,
4. Emergency medical clinic,
5. General research, not involving manufacturing, fabrication or processing or sale of products listed in any commercial or manufacturing zone,
6. Hospitals,
7. Laboratories, biological, medical, dental and X-ray,
8. Dental and therapeutic clinics,
9. Medical office or medical clinics, which, notwithstanding the gross floor area requirements set forth in subsections (C) and (D) of this section, may include the following ancillary uses, provided such ancillary uses are located on the same lot and are related to the medical office or medical clinic use: cafes, pharmacies, flower shops, gift shops, farmers’ markets, and conference rooms,
10. Notary public,
11. Optometrists,
12. Podiatrist,
13. Real estate appraiser,
14. Real estate broker,
15. Stock exchange and broker,
16. Surgery or surgical center – medical;
17. Tax consulting and accounting services;
B. Other:
1. Churches,
2. Libraries and reading rooms,
3. Museum,
4. Off-street parking facilities when operating in conjunction with a permitted use,
5. Private dance only when conducted in conjunction with a church or public school;
C. Related Uses, Including Limited Commercial. The following uses shall be permitted only when operated within a totally enclosed building having more than 5,000 square feet of gross floor area, when 90 percent of the gross floor area in a building having a gross floor area between 5,001 and 10,000 square feet is utilized for those uses permitted in subsections (A) and (B) of this section; when 80 percent of the gross floor area in a building having a gross floor area between 10,001 and 20,000 square feet is utilized for those uses permitted in subsections (A) and (B) of this section; or when 70 percent of a building having a gross floor area in excess of 20,001 square feet is utilized for those uses permitted in subsections (A) and (B):
1. Medical equipment and supplies,
2. Orthopedic equipment and supplies,
3. Pharmacy;
D. Commercial Uses. The following uses shall be permitted only when operated within a totally enclosed building having more than 15,000 square feet of gross floor area, when 95 percent of the gross floor area in the building is utilized for those uses permitted in subsections (A), (B) and (C) of this section; or when 85 percent of the building having a gross floor area in excess of 25,001 square feet is utilized for those uses permitted in subsections (A), (B) and (C) of this section:
1. Barber and/or beauty shop;
2. Book and/or stationery shop;
3. Coffee shop;
4. Confectionery shop;
5. Employment agency;
6. Florist;
7. Gift shop;
8. Mimeographing;
9. Office supply store;
10. Restaurant, tearoom, cafe; provided no dancing or theatrical performances are permitted. (Ord. 19-04 § 7, 2019; Ord. 19-01 § 6 – 8, 2019; Ord. 14-2031 § 1, 2014; Ord. 14-2030 § 2, 2014; Ord. 11-1997 § 3, 2011; Ord. 1693 §§ 1, 2, 1989; Ord. 1671 § 1, 1988; Ord. 1535 § 4, 1983; Ord. 1180 §§ 1, 2, 1972; 1964 Code Appx. A § 7.01.)
17.34.030 Uses permitted subject to conditional use permit.
The following uses may be permitted subject to a conditional use permit as provided for in Chapter 17.62 CMC:
A. Call office for delivery of laundry and/or dry cleaning;
B. Convalescent hospital, assisted living facility, memory care facility, skilled nursing care facility, and similar uses;
C. Conversion of residential buildings to nonresidential uses subject to CMC 17.76.010 through 17.76.040;
D. Day nursery;
E. Educational or health activities including private schools, trade schools and health spas;
F. Electrical distribution and public utility substation;
G. Hotel; or hotel with on-sale liquor as an ancillary use, subject to the provisions of CMC 17.62.026;
H. Liquor, on-sale in conjunction with a bona fide eating establishment;
I. Off-sale beer and wine in conjunction with a gift shop or delicatessen, subject to the provisions of CMC 17.62.026;
J. Public parking lot. (Ord. 19-04 §§ 8, 9, 2019; Ord. 19-01 § 9, 2019; Ord. 11-1997 § 4, 2011; Ord. 01-1884 § 3, 2001; Ord. 1712 § 1, 1990; Ord. 1671 § 1, 1988; Ord. 1597 § 1, 1985; Ord. 1535 § 5, 1983; 1964 Code Appx. A § 7.02.)
17.34.040 Prohibited uses.
The following uses are expressly prohibited in the C-P zone, except as otherwise provided in CMC 17.34.020:
A. Residence;
B. Any combination of residential and nonresidential uses in any building or structure or on any lot;
C. Industrial uses;
D. Retail and commercial uses other than those specifically listed or provided for in CMC 17.34.020 and 17.34.030;
E. Sale or consumption of alcoholic beverages;
F. Adult bookstore, adult mini-motion picture theater, adult motion picture arcade, adult motion picture theater and massage establishment:
1. Located within 500 feet of any area zoned for residential use,
2. Located within 500 feet of the property line of any of the following uses or facilities:
a. Church or other facility used primarily for worship or other religious purposes,
b. City, county, state, federal or other governmental public buildings, including, but not limited to: city halls, schools, libraries, police and fire stations and post offices,
c. Hospital and convalescent facilities,
d. Parks and playgrounds,
e. Senior, youth or similar centers;
G. Massage establishment. (Ord. 19-01 § 10, 2019; Ord. 1438 § 1, 1979; 1964 Code Appx. A § 7.03.)
17.34.050 Property development standards generally.
For residential uses the property development standards of the RD-1500 zone shall apply.
The property development standards contained in CMC 17.34.060 through 17.34.220 shall apply to all nonresidential land and buildings in the C-P zone. (1964 Code Appx. A § 7.04.)
17.34.060 Lot area.
There are no lot area provisions in the C-P zone. (1964 Code Appx. A § 7.04.)
17.34.070 Lot dimensions.
There are no provisions on this subject in the C-P zone. (1964 Code Appx. A § 7.04.)
17.34.080 Population density.
There are no population density provisions for the C-P zone. (1964 Code Appx. A § 7.04.)
17.34.090 Building height – Generally.
No building or structure erected in this zone shall have a height greater than 50 feet except by conditional use permit. (1964 Code Appx. A § 7.04.)
17.34.100 Building height – Exceptions – Permitted projections above limit.
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, church steeples, flagpoles, roof signs when permitted in the zone, chimneys, water tanks or similar structures, when approved by the commission, may be erected above the height limits herein prescribed; provided, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No penthouse or roof structures, or other space above the height limit, shall be allowed for the purpose of providing additional floor space. All roof equipment and machinery shall be entirely screened from view with a screening device utilizing materials which are compatible to the materials used on the building. (Ord. 11-1996 § 5, 2011; Ord. 1543 § 5, 1983; 1964 Code Appx. A § 7.04.)
17.34.110 Yards.
Yards shall be measured perpendicular to the property line or from the future right-of-way line as established by the general plan for an existing right-of-way.
A. When the C-P zone fronts, sides or rears on a street, except as provided in subsection (C) of this section, there shall be a yard abutting the street of not less than 10 feet. The required yard shall be landscaped and maintained. If across a local street from a residential or agricultural zone, except as provided in subsection (C) of this section, a wall not less than five feet nor more than six feet in height shall be erected on the setback line where there is no building on the line and where there is parking, loading or storage to the rear of the line.
B. When the C-P zone abuts a residential or agricultural zone, there shall be a yard of not less than 10 feet abutting the zone boundary, except where the C-P zone abuts a public park no yard shall be required. The required yard may be used for parking, loading, access or storage; provided, items are not stored higher than the required wall. A solid masonry wall not less than five feet nor more than six feet in height shall be erected on the zone boundary line.
C. When the C-P zone fronts directly on a public park or fronts on a street which is a boundary with a public park, there shall be a yard abutting the street of not less than 10 feet. The required yard may be landscaped or used for parking; however, it shall not be used for loading or storage. A wall of not less than five feet nor more than six feet in height shall be erected on the setback line where there is loading or storage to the rear of the line.
D. A swimming pool shall not be located in any required yard abutting a street, and in no case shall it be located less than five feet from any side or rear property line not abutting a street. It shall be entirely enclosed as required in CMC 17.34.150.
E. All utility equipment and machinery located in yards shall be screened behind enclosures that are architecturally compatible with the adjacent building or shall be screened by landscaping. (Ord. 1543 § 6, 1983; 1964 Code Appx. A § 7.04.)
17.34.120 Distance between buildings.
There are no provisions on this subject for the C-P zone. (1964 Code Appx. A § 7.04.)
17.34.130 Fences and walls – Required walls.
Walls shall be erected as required in CMC 17.34.110 in connection with yards when the zone adjoins a residential and/or agricultural zone. Walls shall be reduced to not more than three feet in height in any required yard abutting a street, in the area defined by a line which is the prolongation of the front yard required in the abutting residential or agricultural zone, and shall conform to corner cutback provisions, CMC 17.34.160 and 17.34.170. (1964 Code Appx. A § 7.04.)
17.34.140 Fences and walls – Hazardous areas.
A fence or wall not more than six feet in height may be required along the perimeter of all areas which by reason of the conditions on the property or physical hazards, such as frequent inundation, erosion, excavation or grade separation, are considered by the commission to be dangerous to the health and safety. (1964 Code Appx. A § 7.04.)
17.34.150 Fences and walls – Swimming pools.
Swimming pool areas shall be entirely enclosed by buildings or by fences or walls not less than five feet nor more than six feet in height around the deck area related to the pool. The fence or wall shall be equipped with self-closing and self-latching gates or doors, the latching device being located not less than four feet 10 inches above the ground. All fencing must be in place and approved before the water is run into the pool. All lighting of pool area shall be so arranged as to reflect the light away from adjoining properties. (1964 Code Appx. A § 7.04.)
17.34.160 Fences and walls – Corner cutback area regulations.
The following regulations shall apply to all intersections of streets, alleys and/or private driveways in order to provide adequate visibility for vehicular and pedestrian traffic. There shall be no visual obstruction within the cutback areas established herein:
A. There shall be a corner cutback area at all intersecting and intercepting streets and/or alleys. The cutback line shall be in a horizontal plane, making an angle of 45 degrees with the side, front or rear property line, as the case may be. It shall pass through the closest intersection of yard setback lines at the corner of the lot where visibility is required;
B. There shall be a corner cutback area on each side of any private driveway intersecting a street or alley. The cutback lines shall be in a horizontal plane, making an angle of 45 degrees with side, front or rear property line, as the case may be. They shall pass through a point not less than 10 feet from the edges of the driveway where it intersects the street or alley right-of-way;
C. Where, due to an irregular lot shape, a line at a 45-degree angle does not provide for intersection visibility, the corner cutback shall be defined by a line drawn from a point on the front (or rear) property line that is not less than 17 feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than 17 feet from the intersection of the side and front (or rear) property lines. (1964 Code Appx. A § 7.04.)
17.34.170 Permitted fences, hedges and walls.
A. Fences, hedges, walls and retaining walls not greater than six feet in height shall be permitted on or within all property lines not abutting streets and on or to the rear of all yard setback lines of yards abutting streets.
B. Fences, hedges, walls and retaining walls not over three feet in height shall be permitted in required yards abutting streets. In any required corner cutback area, only openwork fences shall be permitted. Walls, hedges and other visual obstructions are prohibited.
C. To enclose tennis courts or other game areas located within the rear half of the lot, fences over six feet in height shall be permitted; provided, that portion of the fence which is higher than six feet shall be composed of wire mesh or other material whose vertical surface is not more than 10 percent solid. (1964 Code Appx. A § 7.04.)
17.34.180 Off-street parking.
The provisions of CMC 17.72.010 through 17.72.120 shall apply. (1964 Code Appx. A § 7.04.)
17.34.190 Access.
There shall be adequate vehicular access to off-street parking facilities from a dedicated street, service road or alley. The design of the access shall conform to all standards and specifications of the city. (1964 Code Appx. A § 7.04.)
17.34.200 Signs – Generally.
The provisions of Chapter 17.74 CMC shall apply. (1964 Code Appx. A § 7.04.)
17.34.210 Allowable signs and special regulations.
A. Each business shall be permitted one pedestrian-oriented sign per entrance, to be mounted flat against the building or suspended from an overhanging architectural feature which is an integral part of the building. Such sign may not exceed six square feet per face.
B. Each business shall be permitted one sign per occupancy frontage when mounted flat or against the building or one projecting sign not more than two feet in to the public right-of-way and not to project above the roofline of the building. The overall area devoted to signs may not exceed 10 percent of the area of the first story height of the building. Each side of the projecting sign shall be included in the maximum overall area allowed.
C. When the principal building rears onto a public entrance directly serving those areas, an additional sign may be erected at that entrance. The area devoted to such sign shall not exceed six percent of the rear face of the building to the first story height, and such sign must be mounted flat against the building.
D. Each property with a building setback of at least 10 feet and having a lot frontage greater than 45 feet shall be permitted one monument sign. Such sign shall not be closer than 50 feet from any other sign on the same side of the street and shall not exceed an area of 15 square feet per face nor an overall height of four feet.
E. Architectural projections and/or awnings attached to the building and extending into the public right-of-way will be allowed signing along the border trim. The maximum size of copy to be an eight-inch letter, but in no case can the copy exceed 40 percent of the border trim. Any border sign will be in place of the building face sign. Any border sign extending over public right-of-way perpendicular to the building face will be considered as a pedestrian sign.
F. Each business shall be permitted two window signs per occupancy. Such signs shall not exceed 20 percent of the window space in which they are displayed. Each sign shall be of a permanent nature and not painted, pasted, taped or affixed in any way to the window surface except as allowed by CMC 17.74.020. (Ord. 01-1879 § 1, 2001; Ord. 1392 § 2, 1978; 1964 Code Appx. A § 7.04.)
17.34.220 Loading.
The provisions of CMC 17.72.130 and 17.72.140 shall apply. (1964 Code Appx. A § 7.04.)
17.34.230 Site plan review.
The provisions of Chapter 17.64 CMC shall apply. (1964 Code Appx. A § 7.05.)