Chapter 18.45
COMMERCIAL AND MIXED-USE DISTRICTS

Sections:

18.45.010    Purpose and establishment.

18.45.020    Building and site standards.

18.45.030    Development standards and requirements applicable to all commercial and mixed-use districts.

18.45.040    Mixed-use development requirements.

18.45.050    Adjustments for commercial developments formerly within a planned district.

18.45.060    Uses in commercial and mixed-use districts.

18.45.010 Purpose and establishment.

The commercial and mixed-use districts are home to a variety of retail, service and office businesses, as well as areas where commercial activities are integrated with higher density residential uses. These districts provide neighborhood, community and regional services while also providing identity and focal points for different parts of the city. They include centers and corridors developed at a variety of densities and intensities, and with differing functions and character. The commercial and mixed-use districts provide for the full diversity of commercial uses within the city and include general commercial, neighborhood commercial, office commercial, regional commercial, town center – pedestrian, town center – transitional and mixed-use. These districts exclude the city center, downtown, and Warm Springs Innovation districts, which are covered in separate chapters of the zoning ordinance.

The specific purpose of each district is described as follows:

(a)    Commercial – Office District, C-O. The purpose of the C-O district is to provide an area wherein professional, financial, health care, and general commercial offices and limited personal services may develop outside of other commercial districts. The C-O district may also act as an area of transition and a buffer between commercial uses and more sensitive uses such as housing. The C-O district may be applied in areas with a general plan designation of “general commercial.”

(b)    Commercial – Neighborhood District, C-N. The purpose of the C-N district is to provide areas for convenience shopping primarily for residents of the neighborhood. The type of development supported by this district includes but is not limited to small neighborhood shopping centers and free-standing local-serving commercial establishments on individual parcels. It includes retail food sales, eating and drinking places, and other smaller-scale establishments oriented to retail trade and general merchandising and personal services. The C-N district may be applied in areas with a general plan designation of “general commercial.”

(c)    Commercial – General District, C-G. The purpose of the C-G district is to accommodate a broader range of commercial uses than are permitted in the C-N district. In addition to allowing retail trade and general merchandising, the C-G district also permits offices, educational and instructional services, health-related services, personal services, group assembly, and other uses which are not oriented toward retail trade and general merchandising. Auto sales, service and repair activities, gas stations, equipment rental uses, and similar activities also may occur in this district. The C-G district may be applied in areas with a general plan designation of “general commercial.”

(d)    Commercial – Regional District, C-R. The purpose of the C-R district is to provide locations for national retailers, large format retailers, hotels, auto sales and similar uses which serve the residents of the city and the region. Uses which would locate in this district are primarily larger in scale than those that occur in the other commercial districts, and are more auto-oriented. A full depth and variety of retail uses fit within this category, including large shopping centers and big box retail stores, and larger restaurant and entertainment facilities serving the region. C-R districts are usually located along arterials and near freeways. The C-R district may be applied in areas with a general plan designation of “regional commercial.”

(e)    Mixed-Use District, MX. The purpose of the MX district is principally to accommodate commercial uses and secondarily to create opportunities for mixed-use development including ground floor retail and service uses and upper floor residential uses. The MX district allows for commercial uses that are compatible with residential uses. Vertical mixing of uses (e.g., housing above commercial uses) is encouraged but is not mandatory in mixed-use projects. Projects which are entirely commercial, or which include housing and commercial uses on the same parcel in a horizontal (rather than vertical) format are permitted. Any project in the MX district in which a majority of the floor space is residential must include a substantial commercial component, as defined in Section 18.45.040(b). The MX district may be applied in areas with a general plan designation of “mixed-use” or “general commercial.”

(f)    Town Center – Pedestrian and Town Center – Transitional Districts, TC-P and TC-T. The purpose of the TC-P and TC-T districts is to provide areas for mixed retail, service, office, and residential uses in a pedestrian-oriented setting. The TC districts have a distinct identity which reflects their function as the established centers of the Centerville, Irvington, Mission San Jose, Niles and Warm Springs communities. Development standards and use allowances for the TC-P and TC-T districts reflect the existing context of each area as well as their desired long-term character. Each TC district may be applied in areas with a general plan designation of “town center.”

(1)    Town center – pedestrian district, TC-P, is intended for areas which were initially developed before Fremont’s incorporation, and which are characterized by small parcels, a mix of older and newer structures, and a mixed-use context. TC-P areas include the historic cores of Centerville, Irvington, Mission San Jose and Niles. TC-P districts are further defined by the main street corridor place type as identified in the general plan community character element.

(2)    Town center – transitional district, TC-T, is intended for areas that are still transitioning from a suburban character to a walkable, mixed-use character. TC-T areas include the town center area of Warm Springs and some areas on the perimeter of the TC-P district. (Ord. 16-2015 § 31, 6-2-15; Ord. 17-2016 § 11, 9-13-16.)

18.45.020 Building and site standards.

Development of properties in the commercial and mixed-use districts shall conform to the building and site standards set forth in Table 18.45.020.

Table 18.45.020 

 

C-O

C-N

C-G

C-R

MX

TC-P

TC-T

Building height1,2,3,7, maximum

35 feet

40 feet

65 feet

65 feet7; 40 feet7 in MSJ6 or Niles

45 feet; 40 feet in MSJ6 or Niles

Building frontage1, minimum

None, except along urban corridors, main streets, and in town center place types: At least 50% of the building’s street-facing facade must be built within the build-to-layer, defined as within five feet of the front property line for interior lots and five feet of the street-facing property lines for corner lots.

None

None, except along urban corridors, main streets, and in town center place types: At least 50% of the building’s street-facing facade must be built within the build-to-layer, defined as within five feet of the front property line for interior lots and five feet of the street-facing property lines for corner lots.

Interior side yard1 width, minimum

None, except 10 feet when adjacent to any lot designated residential in the general plan or residentially developed.4

Yard width adjacent to streets, minimum

None

Rear yard1 depth, minimum

None, except 10 feet when adjacent to any lot designated residential in the general plan or residentially developed.4

Minimum ground floor height, floor to second floor

None

16 feet

None

Floor area ratio1,5 (FAR), maximum

0.3 nonresidential; 0.6 mixed-use with housing

0.3 nonresidential; no mixed-use permitted

0.5 nonresidential; 1.25 mixed-use with housing

Floor area ratio1,5 (FAR), minimum

None: however, minimum FARs apply to properties within the TOD overlay district (see Chapter 18.152).

Lot area1, minimum

10,000 sq. ft.

20,000 sq. ft.

None

20,000 sq. ft.

Lot width1, minimum

65 feet

100 feet

None

100 feet

Street frontage

See Section 17.25.180 (Lot standards)

The following notes are used in Table 18.45.020 and are applicable to all commercial and mixed-use districts:

1    Term is defined in Chapter 18.25.

2    Hotels may exceed this limit, subject to discretionary design review permit approval subject to limitations set forth in footnote 7.

3    Applications to increase the building heights beyond the maximum shall be processed as a modification of zoning standards. See Chapter 18.250. Also, special height standards apply in the Mission San Jose district (see Mission San Jose Design Guidelines).

4    When adjacent to residentially developed properties having parking or circulation located next to the lot line, the zoning administrator may reduce the required yard, pursuant to requirements set forth in Chapter 18.250 (modifications of zoning standards), provided the zoning administrator determines that no significant impact on the adjacent residential use will occur.

5    Higher FARs may be permitted subject to discretionary design review permit approval for:

(a)    Hotels, or automobile dealers in the C-R district;

(b)    Office buildings in the C-G district; and

(c)    Properties within the Mission San Jose historic overlay district, based on the provisions of the Mission San Jose Design Guidelines and subject to historic architectural review pursuant to Chapter 18.175.

    All other applications to increase the FAR beyond the maximum shall be processed as a modification of zoning standards under Chapter 18.250.

6    MSJ – Mission San Jose Town Center.

7    Height shall also be limited to three stories for buildings directly located along a Main Street Corridor Place Type as identified in the general plan place types manual.

(Ord. 16-2015 § 31, 6-2-15; Ord. 17-2016 § 12, 9-13-16; Ord. 27-2016 § 9, 12-6-16.)

18.45.030 Development standards and requirements applicable to all commercial and mixed-use districts.

The following standards and requirements apply to all development within commercial and mixed-use districts except as otherwise provided in this chapter:

(a)    Design review permit approval shall be required pursuant to Chapter 18.235.

(b)    Conversion of a structure from a residential to a nonresidential use shall require approval of a discretionary design review permit.

(c)    Exterior lighting, other than public or private street lights, shall be diffused or concealed in order to prevent illumination of adjoining properties or the creation of objectionable visual impacts on other properties or roadways.

(d)    Electrical and utility transformers shall be placed underground or shall be screened by an architectural element and/or landscaping.

(e)    Mechanical, meter and other equipment screening shall be required in accordance with Section 18.190.320.

(f)    The pedestrian circulation system within a development site shall connect the main entrance of a building to the public pedestrian circulation system and must meet adopted accessibility requirements. Pedestrian systems shall be no less than five feet in width unless an alternative system meeting accessibility standards is provided. Where the system crosses driveways, parking areas and loading areas, the system shall be clearly identifiable, through use of a different paving material, or similar method. Striping alone does not meet this requirement. The on-site system must be lighted to a level where the system can be used at night.

(g)    Parking (inclusive of bicycle parking, car share and electric vehicle spaces) shall be provided as required in Chapter 18.183.

(h)    Landscaping Requirements.

(1)    All yard areas shall be landscaped according to their purpose, such as ornamental landscaping, outdoor seating/dining or storm water treatment. Landscape improvements may include trees, shrubs, flowers, groundcover, and hardscape as approved during the design review permit process.

(2)    Landscape design shall include planter space for large canopy tree species of a minimum dimension of 10 feet at the ground level with additional space for canopy maturity at upper building levels.

(3)    Bay friendly and water efficient landscapes meeting state standards are required.

(4)    Landscape requirements for parking areas are contained in Chapter 18.183.

(5)    Landscape planting requirements may vary through design review permit approval in recognition of tree preservation efforts and the overall landscape plan aesthetic.

(i)    All fencing shall conform to the standards set forth in Chapter 18.171.

(j)    Solid Waste and Recycling Storage. Internal and external storage of municipal solid waste, recyclables, and yard waste shall conform to the standards set forth in Section 18.190.440. (Ord. 16-2015 § 31, 6-2-15; Ord. 04-2016 § 11, 3-1-16.)

18.45.040 Mixed-use development requirements.

(a)    Mixed-use developments shall have a mix of commercial and/or office uses with residential uses on site, and shall follow the building and site standards of the zoning district in which they are located in addition to the standards below.

(b)    Mixed-Use Standards.

(1)    A mixed-use development must include a substantial commercial component. This shall be defined as at least 50 percent of the floor area on the portion of the ground floor within 50 feet of the street frontage. For structures on corner lots, this requirement may also apply as determined through a design review permit. Additionally, mixed-use developments shall maintain commercial and other active uses along all frontages designated as a main street or urban street corridor as shown in the general plan community character element and place types manual and comply with the storefront review requirements in Section 18.45.035.

(2)    The minimum depth of commercial space shall be 50 feet. Where other functional or structural elements of a building design (e.g., stairs, elevators, fire equipment, bearing walls) preclude a 50-foot uniform depth, the approval body may allow for an exception to lessen the depth along up to 20 percent of the linear frontage of total commercial space provided. Depths less than 30 feet shall be avoided or repurposed so as not to create undesirable commercial spaces. A discretionary design review permit pursuant to Section 18.45.035(d) shall be required in instances where the storefront will be less than 50 feet in depth.

(3)    The remainder of floor area from that set aside for the commercial portion of the development may be used to create residential units.

(4)    Multifamily residential development within a mixed-use development shall be governed with respect to lot, siting, architectural, and site design standards for portions of the development not located along the commercial street frontage, and with respect to provision of private and common open space, by the multifamily (R-3) residential district most similar in nature and function to the residential portion of the mixed-use development.

(c)    Mixed-use development shall comply with policies and requirements set forth in the community character element of the general plan and the Citywide Design Guidelines, subject to a design review permit.

(d)    Evaluation Criteria – Findings. To assure the proposed development meets the intent of this section for mixed-use development, the following findings shall be made prior to approving a mixed-use project:

(1)    The development’s site layout, building(s), and land uses integrate into the existing community, the layout and buildings create an appropriate human scale and an efficiently functioning infrastructure, and the amenities serving the residents of the development function better as a whole than what could be provided in a non-mixed-use project.

(2)    The development complies with the general plan as well as the Citywide Design Guidelines with regard to pedestrian orientation, provision of open space, and appropriate provision of parking. (Ord. 16-2015 § 31, 6-2-15; Ord. 17-2016 § 14, 9-13-16.)

18.45.050 Adjustments for commercial developments formerly within a planned district.

Prior to June 2, 2015, many commercial and mixed-use developments were approved within planned districts. The purpose of this section is to preserve and extend certain vested rights for such developments.

(a)    Uses. Any use legally established within a planned district zone prior to June 2, 2015, may continue as previously approved. All newly established uses must conform to current zoning regulations.

(b)    Development Standards. All legally constructed existing building and site improvements shall be considered to be conforming with regard to setbacks, height, floor area ratio and site layout regardless of current zoning standards. Except as provided in subsection (c) of this section, all new development shall conform to current development standards.

(c)    Development Projects Approved Prior to Adoption of This Section, but Not Yet Constructed. Any development project approved as part of a planned district shall remain vested in accordance with former approvals unless superseded by a new development approval. (Ord. 16-2015 § 31, 6-2-15.)

18.45.060 Uses in commercial and mixed-use districts.

(a)    Use Table. Table 18.45.060-1 establishes allowed uses for properties within commercial and mixed-use districts. The following terms are used in Table 18.45.060-1:

(1)    Permitted (“P”) uses are allowed subject to conformance to standards or conditions of this title.

(2)    Conditional (“C”) uses may be permitted with a conditional use permit, provided all other requirements of this title are met.

(3)    Zoning administrator (“Z”) uses may be permitted with a zoning administrator permit, provided all other requirements of this title are met.

(4)    Accessory (“A”) uses are allowed when subordinate to or part of a principal use on the same lot and serve as a use incidental to such principal use.

(5)    The symbol “--” indicates a use is prohibited within the zoning district.

(6)    Upper floor only (“UFO”) use restriction applies.

(b)    Permitting Procedures. Permitting procedures for a conditional use permit and zoning administrator permit shall be as provided in Chapters 18.230 and 18.275, respectively.

 

Table 18.45.060-1: Commercial and Mixed Uses 

Use

2012 NAICS2

Zones

Specific Use Requirements/ Notes

C-O

C-N

C-G

C-R

MX

TC-P

TC-T

Assembly, Entertainment, Recreation

Banquet hall1

 

--

--

C

C

--

C

C

Sections 18.190.025 and 18.190.140

Club, lodge, meeting hall, or membership organization

 

Z

--

Z

--

Z

Z

Z

Sections 18.190.025 and 18.190.050

Exhibition and conference halls1 not associated with full service hotels1

 

C

--

--

C

--

--

C

Section 18.190.025

Fitness and recreational sports centers

713940

--

Z

Z

Z

Z

P3

P

Includes yoga and pilates studios.

See educational services section for sports and recreation instruction (e.g., dance, martial arts, etc.)

Game or computing arcade1, more than five gaming devices

 

--

Z

Z

Z

Z

Z

Z

Section 18.190.180

Assembly uses1 not listed elsewhere including: cultural institutions, libraries, museums, religious facilities, etc.

 

Z

--

Z

--

Z

Z

Z

Section 18.190.025

Indoor commercial recreation1 including billiard hall, bowling alley, gymnasia, indoor tennis, swimming, etc.

 

--

--

C

C

--

C

Z

Section 18.190.420

Chapter 5.90 applies to swimming facilities

See educational services section for sports and recreation instruction (e.g., dance, martial arts, etc.)

Parks, public

 

P

P

P

P

P

P

P

Citywide parks, as defined in the general plan, are not permitted in TOD overlay district

Place of entertainment1

 

--

--

Z

Z

Z

Z

Z

Chapter 5.45 and Section 18.190.025

Nightclubs1 and dance clubs1

 

--

--

--

C(*)

--

C(*)

C(*)

(*) when not located adjacent to residential general plan designations. Chapter 5.45 and Section 18.190.025

Theater and performance venues including: concert hall1, dinner theater1, motion picture theater1, or performing arts theater1

 

--

--

Z

Z

--

Z

Z

Section 18.190.025

Automotive and Transportation

Ambulance services

 

--

--

C

--

--

--

--

 

Automotive repair services

 

 

 

 

 

 

 

 

 

Major1

 

--

--

--

--

--

--

--

 

Minor1

 

--

--

P(*)

--

--

--

P(*)

Section 18.190.027; (*) not permitted in HOD, TOD and I overlay districts

Auto rental and leasing

 

--

--

Z

Z

--

--

Z

Section 18.190.027

Automotive parts and accessories stores

441310

--

P

P

P

P

P3

P

 

Auto sales and dealerships, including motorcycles

 

--

--

P(*)

P(*)

--

--

Z(*)

Section 18.190.027; (*) not permitted in HOD, TOD and I overlay districts; a zoning administrator permit is required if there are outdoor sales

Boat and trailer sales and service

 

--

--

Z

Z

--

--

--

Section 18.190.027; not permitted in TOD overlay district

Car washes1, car detailing, and gasoline service stations1

 

--

C

C

C

--

--

C

Sections 18.190.027 and 18.190.190; not permitted in mixed-use buildings; gasoline service stations not permitted in TOD overlay district

Mobile home and recreational vehicle dealers

 

--

--

--

Z

--

--

--

Section 18.190.027

Parking lots or structures, commercial

 

--

P

P

--

P

C

C

 

Eating and Drinking

See also Sections 18.190.140 and 18.190.510

Drinking place1

 

--

--

C

C

C

C

C

 

Eating place without alcoholic beverages1

 

 

 

 

 

 

 

 

 

In general (no restrictions on hours of operation)

 

P(*)

P

P

P

P

P

P

(*) Not permitted if more than 50 seats

With drive-in or drive-through enterprise1

 

--

C

C

C

--

--

C

Section 18.190.110; not permitted in mixed-use projects or HOD and TOD overlay districts

With housing above

 

Z(*)

Z

--

--

Z

Z

Z

(*) Not permitted if more than 50 seats

With sidewalk dining

 

--

Z

--

--

Z

Z

Z

Section 18.190.510

Eating place with alcoholic beverages1

 

 

 

 

 

 

 

 

 

Closed before midnight

 

--

P

P

P

P

P

P

 

Open after midnight

 

--

Z

Z

Z

Z

Z

Z

 

With housing above

 

--

Z

--

--

Z

Z

Z

 

With sidewalk dining

 

--

Z

Z

Z

Z

Z

Z

Section 18.190.510

Educational Services

Educational services, not elsewhere listed in this table

61

C

Z

Z

--

Z

--

Z

 

Elementary and secondary schools

611110

C

C

C

--

--

--

C

 

Other schools and instruction including: dance, exam preparation, gymnastics, judo, language, martial arts, music, photography, and tutoring

6116

 

 

 

 

 

 

 

See assembly, entertainment, recreation section for yoga and pilates studios

Less than 3,000 square feet

 

Z

P

P

--

Z

--

P

 

More than 3,000 square feet

 

--

--

P

C

Z

--

Z

 

Technical and trade schools and business schools and computer and management training

6114, 6115

Z

--

Z

--

--

--

Z

 

Health Care and Social Assistance

Continuing care retirement communities and assisted living facilities for the elderly

(6233)

--

--

--

--

--

--

--

 

Day care, child1

 

Z

Z

Z

--

Z

Z

Z

Section 18.190.400

Day care facility for adults1

 

--

--

P

--

P

P3

P

Not including residential care facilities

Health care and social assistance, not elsewhere listed in this table

62

Z

Z

Z

--

Z

--

Z

 

Hospitals

622

C

C

Z

--

--

--

C

 

Medical clinics, convenience1

 

--

A

A

A

A

A

A

 

Nursing care facilities (skilled nursing facilities)

623110

--

Z

Z

--

--

--

Z

Section 18.190.410; not permitted in mixed-use projects

Residential intellectual and developmental disability, mental health, and substance abuse facilities

6232

--

C

C

--

--

--

C

Not permitted in mixed-use projects

Surgery centers, outpatient

 

P

Z

P

--

--

--

Z

 

Office

Co-working space

 

P

P

P

--

P3

P-UFO

P3
P-UFO

P

 

Offices of physicians2, dentists2, chiropractors2, optometrists2, podiatrists2, mental health practitioners2, physical, occupational and speech therapists and audiologists2, and acupuncturists

6211, 6212, 62131, 62132, 62133, 62134, 621391

P

P

P

--

P3

P-UFO

P3
P-UFO

P

 

Offices, other

 

P

P

P

--

P3

P-UFO

P3
P-UFO

P

 

Banks and credit unions

 

P

P

P

P

P3

P3

P

 

Residential

Emergency shelter1

 

C

C

C

--

C

C

C

Not permitted in a special flood hazard area

Live/work units1

 

--

--

--

--

Z(*)

Z(*)

Z

Section 18.190.290
(*) Not allowed along main street corridor frontages as shown in the community character element

Residential, as component of mixed-use project only

 

C

C

--

--

P

P

P

 

Residential care facilities, special1

 

P

P

--

--

P

P

P

Within residential units only. Commercial building conversion not permitted.

Supportive1 and/or transitional housing1

 

C(*)

C(*)

--

--

P3

P3(*)

P

(*) Allowed only as a component of a mixed-use project

Retail

 

Commercial nurseries1

 

--

P

P

P

--

--

--

Not permitted in mixed-use projects or TOD overlay district

Food and beverage stores

445

 

 

 

 

 

 

 

 

Convenience food stores1 and mini-marts

445120

--

Z

P

C

Z

Z

P

 

Grocery, supermarket, or specialty food store

445110, 4452

--

P

P

P

P3(*)

P3

P

(*) Zoning administrator permit if in a project that includes housing above grocery store

Furniture, home furnishings and equipment, including carpeting, tile, lighting, bedding, household appliances, and similar uses

 

--

P

P

P

P3

P3

P

 

Hardware and home improvement stores

 

 

 

 

 

 

 

 

 

With outdoor storage

 

--

--

C

C

--

--

--

 

No outdoor storage

 

--

P

P

P

P3

P3

P

 

Health and personal care stores, not including pharmacies

4461

A

P

P

A

P3

P3

P

 

Liquor stores

4453

--

Z

P

--

Z

Z

P

 

Pharmacies

446110

 

 

 

 

 

 

 

 

In general

 

A

P

P

A

P3

P3

P

 

With drive-in or drive-through enterprise1

 

C

C

C

C

C

--

C

Section 18.190.110

Retail sales, general, including apparel, accessories, automotive parts and accessories, books, consumer electronics, consumer goods, flower and gift shops, office supplies, pet supplies, sporting goods, variety stores, and miscellaneous retail, excluding uses classified as “restricted retail” below

 

A(*)

P

P

P

P(**)

P

P

(*) Applies to apparel and accessories, flower/gift shops, and office supplies and equipment stores only. Other retail uses are not permitted

(**) Fuel dealers not permitted in mixed-use buildings

Retail sales, restricted:

 

 

 

 

 

 

 

 

 

Adult-oriented businesses1, not including sexual encounter establishments1

 

--

--

--

--

--

--

--

 

Firearms dealers1, including firearm sales accessory to sporting goods store

 

--

--

C

C

--

--

--

Chapter 5.55; Section 18.190.160

Head shops1

 

--

--

C

--

--

--

C

Section 18.190.210

Pawn shops

 

--

--

Z

--

--

--

Z

 

Retail tobacco stores1

 

--

--

--

--

--

--

--

 

Used merchandise or secondhand sales

 

--

Z

Z

--

--

Z

Z

Section 18.190.430(b) regarding donation/drop off

Services

Animal care and services

 

 

 

 

 

 

 

 

Section 18.190.590; (*) outdoor boarding not allowed within 100 feet of residential development; indoor boarding not allowed adjacent to residential uses

Boarding and dog day care with outdoor area

 

--

Z(*)

Z(*)

--

--

--

Z(*)

Dog day care, indoor only

 

--

P

P

--

--

P3

P

Grooming

 

--

P

P

--

--

P3

P

Veterinary clinics and animal hospitals

 

--

Z(*)

Z(*)

--

--

Z(*)

Z(*)

Artisan and craft shops, such as taxidermists, carpenters, cabinet makers, art studios

 

--

P

P

--

--

P

P

 

Business support services, including commercial art, computer and data processing, mailboxes and postal services, mailing and reproduction, messenger services, photography, and similar services

5614

P

P

P

--

P3

P3

P

Excludes machinery and equipment rental and commercial cleaning

Astrology1 services

 

--

--

Z

--

--

Z

Z

Chapter 5.60. Not permitted in mixed-use buildings

Consumer product repair and maintenance, including repair and servicing of air conditioning, bicycles, cameras, electronics, furniture, jewelry, lawnmowers, leather goods, refrigeration, upholstery, and similar products and services

 

--

P(*)

P

--

Z

Z(*)

P

(*) Refrigeration, air conditioning, upholstery, and furniture repair are not permitted in I overlay district, or in CN district

Employment services

5613

P

P

P

--

P3

P3

P

 

Investigative and security services, including locksmiths

5616

P(*)

P(*)

P

--

P3(*)

P3(*)

P(*)

(*) Excludes corporation yards1 for vehicles associated with these uses

Laundry and dry cleaning services, including coin-operated laundries, dry cleaners, and garment services not elsewhere listed in this table but excluding power and industrial launderers

 

--

P

P

--

P3(*)

P3

P

(*) Zoning administrator permit required for those establishments with on-site dry cleaners

Lodging

 

 

 

 

 

 

 

 

 

Hotels, full service1, including conference

 

Z

--

Z

P

Z

Z

P

 

Hotels, limited service1; motels

 

P

--

Z

P

P

P

P

 

Bed and breakfast inn1

 

P

--

P

--

P

P

P

 

Machinery and equipment rental and leasing

 

--

--

Z

--

--

--

--

Not permitted in HOD

Massage establishments1

 

--

--

C

--

--

C

C

Chapter 5.65 and Section 18.190.310. Not allowed in HODs

Mini-warehouses for household goods1, when not located on an arterial street1

 

--

--

C

C

--

--

--

Section 18.190.330. Prohibited in TODs

Mortuaries, funeral homes, and crematoria

 

--

--

C

--

--

--

C

 

Personal services, general1

 

P

P

P

Z

P3

P3

P

 

Personal services, other1

 

--

--

C(*)

--

--

C

C

Not permitted in mixed-use buildings. (*) Tattoo parlors and modeling services are not permitted.

Printing, publishing, and photofinishing

3231, 511, 812921, 812922

P

P

P

--

P3

P3

P

 

Public or quasi-public use1, not including: corporation/contractor/fleet/service yards1 and warehouses1 or any use specifically listed in this table as a permitted, zoning administrator or prohibited use

 

Z

C

C

--

C

C

C

 

Radio and television broadcasting

5151

--

--

Z

--

--

P3

--

 

Services to dwellings and buildings, including carpet cleaning, janitorial, landscape, pest control, etc.

5617

P(*)

P(*)

P

--

P(*)

P(*)

P(*)

(*) Excludes corporation yards1 for vehicles associated with these uses

Travel arrangement and reservation services

5615

P

P

P

--

P

P

P

 

Miscellaneous/Other Uses

Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities

 

A

A

A

A

A

A

A

 

Any other use that the zoning administrator finds is similar in nature, function, and operation to other:

 

 

 

 

 

 

 

 

 

Conditional uses in the district

 

C

C

C

C

C

C

C

Chapter 18.250

Permitted uses within the district

 

P

P

P

P

P

P

P

Chapter 18.250

Zoning administrator uses in the district

 

Z

Z

Z

Z

Z

Z

Z

Chapter 18.250

Drive-in or drive-through enterprise1 accessory to a permitted use unless prohibited herein

 

C

C

C

C

--

--

C

Section 18.190.110; not permitted in mixed-use projects or in TOD overlay district

Structured parking facility, public or commercial1

 

Z

Z

P

P

P

P

Z

 

Wireless facilities

 

 

 

 

 

 

 

 

Chapter 18.187

Accessory Uses

Accessory uses and accessory structures customarily appurtenant to the principal use of property

 

A

A

A

A

A

A

A

Chapter 18.153

Commercial sales, when the zoning administrator determines that the building complex served by the proposed uses is of sufficient size and user characteristics to justify the uses as a needed convenience to the employees and clientele of the complex

-Pharmacy

-Flower/gift shop

-Coffee shop/small restaurant limited to 49 seats

-Uniforms and related supplies and accessories

-Office supplies and equipment

 

A

--

--

--

--

--

--

Such uses shall not exceed 2,000 square feet in area, and the total aggregate area of such uses shall not exceed 10 percent of the ground floor of the building or building complex to be served by the proposed uses. The location of such uses shall not create the appearance of a retail center from outside of the development.

Electric vehicle charging stations

 

A

A

A

A

A

A

A

 

Home occupation1,4

 

A

A

--

--

A

A

A

Section 18.190.240

Mobile vending vehicle/cart1

 

A

A

A

A

A

A

A

Section 18.190.390

Outdoor portions of home improvement centers1 within a permanent designed enclosure

 

--

--

A

A

--

--

--

No storage allowed over height of enclosure walls

Outdoor sales and service activities that are accessory to a permitted use or are specifically permitted in the district

 

--

--

A

A

--

A

A

 

Small recycling collection facilities1 and reverse vending machines

 

--

A

A

A

--

--

A

Sections 18.190.430(a) and (b); not permitted in mixed-use

Sidewalk displays1

 

--

--

--

--

--

A

A

Section 18.190.520

Supportive services within supportive housing1 projects

 

A

A

--

--

A

A

A

 

1 This term is defined in Chapter 18.25.

2 When this column includes a number, the use is elaborated on in the North American Industrial Classification System (NAICS) Manual. When a NAICS number is shown within parentheses, the use is excluded and prohibited.

3 A storefront review certificate or discretionary design review permit is required pursuant to Section 18.190.525.

4 A home occupation permit is required in accordance with Section 18.190.240.

(Ord. 16-2015 § 31, 6-2-15; Ord. 24-2015 § 3, 12-15-15; Ord. 04-2016 § 12 (Att. 2), 3-1-16; Ord. 17-2016 § 15, 9-13-16; Ord. 27-2016 § 10, 12-6-16; Ord. 09-2017 § 4, 6-6-17; Ord. 23-2018 § 6, 10-2-18.)