A Neighborhood Commercial use is a commercial use of neighborhood-scale, with low-intensity retail and service commercial uses, located on a residentially zoned parcel, that provides conveniences to neighborhood residents.
(A) Applicability. This section applies to residentially zoned properties with existing commercial uses operating within the confines of a permitted commercial building or structure.
(B) General requirements.
(1) Permitted uses. Table 23.22.180 identifies the permitted neighborhood commercial uses within an established neighborhood commercial property.
(2) Conditional uses. Certain uses may be subject to special conditions regarding the location, operation, design or special permitting requirements of the use. References to these provisions are made in Table 23.22.180.
(3) Prohibited uses. If a use is not specifically listed in Table 23.22.180, that use is prohibited. However, the Director of Community Development shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted (deferred to Planning Commission) based on the finding that the use is similar to and no more detrimental than a particular use indicated in the table below. The Director of Community Development shall not consider parking as a factor of detriment when making a determination.
Land Use | P - Permitted Use Allowed By-Right CUP - Conditional Use Permit Required TUP - Temporary Use Permit Required A - Accessory Use N - Not Allowed/Expressly Prohibited |
Land Use | P - Permitted Use Allowed By-Right CUP - Conditional Use Permit Required TUP - Temporary Use Permit Required A - Accessory Use N - Not Allowed/Expressly Prohibited |
Automotive parts and accessories store | N |
Common workspaces | P - (Includes office and meeting rooms and other similar uses at the opinion of the Community Development Director, but excludes training centers, presentation and conference halls, food halls, and other similar uses at the opinion of the Community Development Director) |
Community assembly/religious facilities | N |
Drive-through (any kind) | N |
Drug stores and pharmacies | P |
General retail | P |
Office (business, professional, medical, dental) | P |
Personal service (barber, beauty salon/spa, tailor, dry cleaning, self-service laundry, etc.) | P - except that dry cleaners shall have no plant on premises |
Restaurants, food and beverage sales (retail sale of food and beverages for home and/or on-premise consumption) a. With no alcohol sales b. With alcohol sales | P CUP |
Seasonal sales/temporary outdoor display of merchandise | TUP |
Tobacco/smoke shops and tobacco sales | N |
Vending machines a. Regular kiosks b. Reverse vending | A (only within the confines of a building) N |
(C) Review process. The Director of Community Development or his/her designee shall have the authority to determine, based on prior building permits, certificates of occupancy, business license records, or other evidence if a property improved with commercial facilities and structures in a residential zone may be classified as Neighborhood Commercial for the purposes of applying this section.
(1) Ministerial reviews. A ministerial review by means of a minor administrative review followed by issuance of a business license shall be required for all uses listed as "P - Permitted" and "A - Accessory" in the table above. A ministerial review by means of a temporary use permit pursuant to Chapter 23.28 of this title shall be required for all uses listed as "TUP - Temporary Use Permit" in the table above.
(2) Discretionary review. A conditional use permit approved by the Planning Commission pursuant to Chapter 23.27 of this title shall be required for those uses listed as "CUP - Conditional Use Permit" in the table above. Following approval of the conditional use permit, a business license shall be required.
(D) Applicable regulations. A neighborhood commercial use located on a property with permitted commercial improvements that is located in any residential zone shall be subject to all requirements in this title.
(Ord. 4823, passed 1-22-24)