Chapter 18.09


18.09.010    Purposes.

18.09.020    Permitted uses.

18.09.030    Conditional uses.

18.09.040    Screening and landscaping.

18.09.050    Performance standards.

18.09.060    Required yards.

18.09.070    Minimum lot size.

18.09.080    Height of structures.

18.09.090    Signs.

18.09.100    Off-street parking and loading facilities.

18.09.110    Design review.

18.09.120    General provisions and exceptions.

18.09.130    Zoning clearance.

18.09.010 Purposes.

The purpose of the CD downtown commercial district is to provide for an intensely developed central core downtown area of retail businesses, and complementary service establishments with residential uses located on or above the second floor. This district is intended to encourage shoppers to visit several stores after parking or arriving by public transit and to encourage residents to live downtown.

There is a significant architectural character in the buildings and development of the downtown area. This district emphasizes preserving, maintaining and encouraging the significant aspects of that architectural character.

The intent of this district is to accommodate a mix of uses and to guide development to appropriate locations within the downtown area, consistent with the City General Plan. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15‑002 § 14.]

18.09.020 Permitted uses.

The following uses shall be permitted:

A. All uses permitted in the CN district.

B. Government uses, including buildings, parks, playgrounds, and facilities.

C. Single-family or multiple-family residential dwelling units, including single-room occupancy units (SROs), if located above the first floor of any structure.

D. Those uses that are considered residential uses pursuant to State law (e.g., Health & Safety Code §§ 1267.8 and 1568.0831) if located above the first floor of any structure. Such uses are only permitted to the extent required by State law.

E. Accessory structures located on the same lot as a permitted or conditional use.

F. Accessory and temporary uses, subject to the provisions of Chapter 18.22 DMC.

G. Windmills in conjunction with a permitted or conditional use.

H. Transit stations. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.09.030 Conditional uses.

The following uses shall be permitted upon the granting of a use permit as provided in Chapter 18.25 DMC:

A. Outdoor restaurant seating. A cafe permit is also required on public property.

B. Outdoor display of merchandise.

C. Bars, including microbreweries and pubs.

D. Massage establishments.

E. Other uses found by the City Planning Commission to be consistent with the intent and purpose of this zone, considering location, size and design of the building, and the impact of the use on the neighboring retail businesses.

F. Public utility facilities, including but not limited to pumping stations, power stations, drainage ways and structures, storage tanks, service yards and equipment buildings.

G. Tattoo studios. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15‑002 § 15; Ord. 15-014 § 2.]

18.09.040 Screening and landscaping.

A. All uses shall provide screening and landscaping as required in Chapter 18.33 DMC.

B. All business services and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, utility substations, outdoor dining areas, bus depots and transit stations. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.09.050 Performance standards.

All uses and proposed uses shall be subject to the provisions of Chapter 18.28 DMC. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.09.060 Required yards.

There are no required front, side or rear yards, except in the following instances:

A. On a reversed corner lot adjoining a key lot in an R district, the minimum street side yard shall be not less than one-half of the required front yard of the key lot.

B. The minimum side yard or rear yard adjoining an R district shall be twenty (20) feet.

C. One (1) foot shall be added to each required side yard or rear yard for each two (2) feet of height or fraction thereof by which a portion of a structure within thirty (30) feet of the nearest side or rear yard property line exceeds fourteen (14) feet in height. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.09.070 Minimum lot size.

There is no minimum lot size for the CD district. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.09.080 Height of structures.

The maximum height of any structure shall be fifty (50) feet. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.09.090 Signs.

No sign or display of any character shall be permitted except as prescribed in Chapter 18.24 DMC. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.09.100 Off-street parking and loading facilities.

Off-street parking and loading facilities shall be provided as prescribed in Chapter 18.27 DMC. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.09.110 Design review.

All uses shall be subject to design review as prescribed in Chapter 18.23 DMC. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.09.120 General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 18.20 DMC. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.09.130 Zoning clearance.

A. The owner of a business shall obtain a zoning clearance permit from the City prior to engaging in any permitted or conditionally permitted use at any location in the CD downtown commercial district. The Community Development Director shall grant a zoning clearance permit upon determining that the proposed business use: (1) is a permitted use in the CD downtown commercial district, pursuant to this title or State law, or is the subject of a valid conditional use permit; and (2) complies with the applicable provisions of this title. The determination of the Community Development Director may be appealed to the City Planning Commission pursuant to Chapter 18.40 DMC.

B. Notwithstanding the provisions of subsection A of this section, a zoning clearance permit is not required prior to the occupying of a residential dwelling unit by its owners for residential purposes. The provisions of subsection A of this section shall, however, apply to residential dwelling units used for rental housing. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15‑002 § 16.]