Chapter 18.40


18.40.010    Purpose.

18.40.020    Limitations of use.

18.40.030    Permitted uses.

18.40.040    Use variances.

18.40.050    Property development standards.

18.40.060    Design standards.

18.40.010 Purpose.

The purpose of this chapter is to establish a district designed and intended to accommodate retail, service, office and other miscellaneous uses and use variances which are most compatible with uses typically found in downtown business districts contained within a concentrated area and offering a broad range of uses. [Ord. 1659 § 1, 2017].

18.40.020 Limitations of use.

Permitted uses in the B-2 district are subject to the following additional general limitations:

(A) Dwelling units are not permitted below the second floor on lots which contain a business use.

(B) All business establishments shall be retail or service establishments dealing directly with consumers, except for wholesale establishments where storage of merchandise is limited to samples.

(C) All permitted uses in this district shall be conducted in completely enclosed buildings, except for off-street parking and loading, and shall not include the storage of materials or goods outside of a completely enclosed building. Outdoor sales of retail items may be sold only if:

(1) The sale takes place on the same property where a permanent retail business is located;

(2) The items sold are among the permitted uses listed for this district;

(3) The items are sold by the same owners of the permanent business;

(4) The outdoor sales shall not result in a lack of compliance with any other required provision of this title, such as setback, parking, etc.;

(5) The outdoor sale is a temporary, infrequent, special event sponsored by the downtown merchants, and approved by the Highland town council.

(D) Establishments of a drive-in type offering goods or services directly to customers waiting in parked motor vehicles are not permitted, except for such services which are clearly incidental to a principal permitted use.

(E) Where approved repair services are provided for a business, such repair uses shall only be located in the rear portion of the building, so as not to be visible from any public street or entrance. [Ord. 1659 § 1, 2017].

18.40.030 Permitted uses.

The following listed uses and no others are permitted uses in a B-2 district:

(A) Any use permitted in a B-1 district, as set forth in HMC 18.35.040.

(B) Additional retail and service uses, as follows:

(1) Auction halls.

(2) Bicycle stores, including rental and repair.

(3) Butchers and meat production sales.

(4) Catering services.

(5) Carpet, rug, linoleum, and tile stores.

(6) Clothing/costume rental shop.

(7) Clothing and apparel shops and repair, custom and retail, including shoes, tailors, dressmaking, millinery, haberdashery, and similar uses.

(8) Consignment, second-hand, or resale shops.

(9) Department stores.

(10) Electric, household appliance, television and radio stores.

(11) Employment agencies.

(12) Fitness centers, including fieldhouses, exercise studios, and karate/judo studios not to exceed 4,000 square feet.

(13) Furrier shops, including storage.

(14) Garden supply and seed stores.

(15) Hardware stores.

(16) Health and day spas.

(17) Loan offices.

(18) Machinery sales rooms, excluding repair or servicing. The storage and display of machinery, except for household appliances and office machines such as typewriters and computers, shall be restricted to new floor samples.

(19) Meeting halls.

(20) Newspaper offices.

(21) Pawn shops.

(22) Pet shops.

(23) Photograph developing and processing shops.

(24) Picture framing establishments.

(25) Residential above the first floor, excluding short-term rental housing, and only if in compliance with applicable building and fire codes.

(26) Restaurants and taverns, including live entertainment and dancing and the service of liquor in conjunction therewith.

(27) Telegraph and facsimile offices.

(28) Theaters, except for drive-in theaters.

(29) Ticket agencies and travel bureaus.

(30) Video and movie rental.

(C) Miscellaneous uses, as follows:

(1) Laboratories, including medical and dental, research and testing. [Ord. 1659 § 1, 2017].

18.40.040 Use variances.

In a B-2 district, use variances may be allowed in accordance with the limiting conditions and procedures as set forth in HMC 18.115.050. [Ord. 1659 § 1, 2017].

18.40.050 Property development standards.

(A) Maximum Floor Area Ratio. In a B-2 district, the minimum floor area ratio shall be 1.0. The maximum FAR shall be 3.0.

(B) Maximum Building Height. The maximum building height in a B-2 district is 45 feet, but not to exceed three stories.

(C) Minimum Lot Size in a B-2 District. In a B-2 district, regulations governing minimum lot size in a B-1 district as set forth in HMC 18.35.060(D) shall apply.

(D) Yards. In a B-2 district, regulations governing yards in a B-1 district as set forth in HMC 18.35.060(E) shall apply, except as follows:

(1) Not more than 90 percent of the area of any lot shall be occupied by the combination of buildings, drives, sidewalks and parking area, except where green roofs and/or solar panels are provided. In such case, the allowable lot coverage may be proportionally increased according to Chapter 18.75 HMC.

(2) Front and side yard setbacks shall not be allowed in a B-2 district.

Exhibit 12 – B-2 District Development Example

(E) In a B-2 district, for every dwelling unit hereafter established there shall be provided a minimum of 1,200 square feet of lot area; except that for every efficiency dwelling unit hereafter established there shall be provided a minimum of 800 square feet of lot area.

(F) Landscape Plan. A landscape plan shall be prepared, submitted, and approved in accordance with the provisions set forth in Chapter 18.75 HMC.

(G) Off-Street Parking.

(1) Off-street parking requirements shall be in accordance with the regulations set forth in Chapter 18.80 HMC.

(2) Where two or more developments abut each other on the side lots, said developments shall be required to share and/or access a common driveway and parking lot, with curb cuts limited to one for every 100 linear feet along the front or side lot line.

(3) For all corner lots in this zoning district, curb cuts shall only be permitted from the side lot line, and in no case less than 75 feet from the street intersection. [Ord. 1659 § 1, 2017].

18.40.060 Design standards.

In a B-2 district, the design standards listed in PB districts, as set forth in HMC 18.30.070, shall apply. [Ord. 1659 § 1, 2017].