18.30.030   USES.
   .010   Planned Mixed Use Development. All development, except that which is subject to subsection .040 of Section 18.30.020, shall take place as a planned mixed use development project that includes at least one (1) of the residential classes of uses and one (1) of the non-residential classes of uses in Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone).  Conversion of existing structures into Planned Mixed Use Development projects is included and requires a conditional use permit.  The process for a Planned Mixed Use Development project approval is set forth in Section 18.30.170.
   .020    Primary Uses. Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) sets forth allowable primary uses for the (DMU) Overlay Zone, listed by classes of uses as defined in Section 18.36.030 and Section 18.36.040 of Chapter 18.36 (Types of Uses). The allowable primary uses listed below shall take place within a Planned Mixed Use Development only.  Otherwise, the standards of the underlying zone shall apply to all other properties.
   .030   Accessory Uses. Table 30-B (Accessory Uses and Structures: Downtown Mixed Use Overlay Zone) sets forth allowable accessory uses and structures for the (DMU) Overlay Zone, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). The allowable accessory uses listed below shall take place within a Planned Mixed Use Development only. Otherwise, the standards of the underlying zone shall apply to all other properties.
   .040   Temporary Uses. Table 30-C (Temporary Uses and Structures: Downtown Mixed Use Overlay Zone) sets forth allowable temporary uses and structures for the (DMU) Overlay Zone, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). Any allowable temporary use shall take place within a Planned Mixed Use Development only.  Otherwise, the standards of the underlying zone shall apply to all other properties.
   .050   The allowable uses in Tables 30-A, 30-B and 30-C for each district are established by letter designations as follows:
      .0501   “P” designates classes of uses permitted by right;
      .0502   “C” designates classes of uses permitted with a conditional use permit;
      .0503   “M” designates classes of uses permitted with a minor conditional use permit; and
      .0504   “N” designates classes of uses that are prohibited.
   .060   Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 30-A, 30-B or 30-C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses).
   .070   Unlisted Uses. Any class of use that is not listed or specifically prohibited in Tables 30-A, 30-B or 30-C may be permitted, provided the Planning Commission determines the use to be compatible with the intended purpose of the (DMU) Overlay Zone.
   .080   Special Provisions. Special provisions related to a use are referenced in the “Special Provisions” column of Tables 30-A, 30-B and 30-C. Such provisions may include references to other applicable code sections, or limitations to the specified land use.
 
Table 30-A
PRIMARY USES:  DOWNTOWN MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
DMU
Special Provisions
Residential Classes of Uses
 
Alcoholism or Drug Abuse Recovery or Treatment Facilities (Small)
P
Community Care Facilities–Licensed (Small)
P
Community Care Facilities–Unlicensed (Small)
N
Dwellings–Multiple-Family
P
Dwellings–Single-Family Attached
P
Dwellings–Single-Family Detached
N
Mobile Home Parks
N
Senior Citizen Housing
P
Subject to Chapter 18.50 (Senior Citizens’ Housing–Apartment Projects)
Senior Living Facilities (Small)
P
Subject to 18.16.058 and 18.38.123
Sober Living Homes (Small)
P
Subject to 18.16.058 and 18.38.123
Supportive Housing
P
Transitional Housing
P
Non-Residential Classes of Uses
 
Agricultural Crops
N
 
Alcoholic Beverage Manufacturing
P
Subject to Section 18.38.025
Alcoholic Beverage Sales–Off-Sale
P/C
Conditional use permit not required if use is in conjunction with Markets-Large
Alcoholic Beverage Sales–On- Sale
P/C
Conditional use permit required if sales are not accessory to a primary restaurant use
Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large)
C
 
Ambulance Services
C
 
Animal Boarding
P/C
Permitted without a conditional use permit when conducted entirely indoors subject to 18.38.270
Animal Grooming
P/C
Permitted without a conditional use permit when conducted entirely indoors subject to 18.38.270
Antennas–Broadcasting
P/C
Conditional use permit required if facilities are not accessory to a primary use on the same lot, not completely screened from view from a public right-of-way or not disguised as an integral architectural feature
Antennas– Private Transmitting
T
Subject to 18.38.040
Antennas-Telecommunications -Stealth Building-Mounted
T
Subject to 18.38.060 and 18.62.020
Antennas-Telecommunications -Stealth Ground-Mounted
T
Subject to 18.38.060 and 18.62.020
Antennas-Telecommunications -Ground-Mounted (Non- Stealth)
N
 
Automated Teller Machines (ATMs)
P/M
Permitted without a minor conditional use permit if located inside an existing business or on an exterior building wall
Automotive-Sales Agency Office (Retail)
M
Subject to Section 18.38.065
Automotive-Sales Agency Office (Wholesale)
P/M/ C
Subject to 18.16.055 and 18.38.065. Minor conditional use permit required for on-site storage, display or parking of one or two vehicles being held as inventory. Conditional use permit required for on-site storage, display or parking of three or more vehicles being held as inventory
Automotive–Impound Yards
N
 
Automotive–Public Parking
P
 
Automotive-Parts Sales
M
 
Automotive–Repair & Modification: Major
N
 
Automotive–Repair & Modification: Minor
N
 
 
 
Table 30-A
PRIMARY USES:  DOWNTOWN MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
DMU
Special Provisions
Non-Residential Classes of Uses
Automotive-Service Stations
C
Subject to 18.38.070
Automotive-Vehicle Storage
M/C
Permitted for up to one year by minor conditional use permit, with optional one year extensions to permit the use for up to five years; conditional use permit required to permit the use for over five years.
Automotive–Washing
C
 
Banquet Hall
C
 
Bars & Nightclubs
C
 
Bed & Breakfast Inns
C
Subject to 18.38.080
Beekeeping
N
 
Billboards
N
 
Boarding House
C
 
Business & Financial Services
P
 
Cemeteries
N
 
Commercial Equestrian Establishments
N
 
Commercial Placemaking Uses
P
Subject to review and approval by the Planning and Community and Economic Development Departments
Commercial Retail Centers-Large
P/C
Subject to 18.38.115; otherwise a conditional use permit is required
Commercial Retail Centers-Small
Subject to 18.38.115; otherwise a conditional use permit is required
Commercial Care Facilities–Licensed (Large)
C
 
Commercial Care Facilities–Unlicensed (Large)
C
Subject to 18.38.123
Community & Religious Assembly
C
Conditional Use Permit not required for museums
Computer Internet & Amusement Facilities
N
 
Convalescent and Rest Homes
C
 
Convenience Stores
P/C
Subject to Section 18.38.110; otherwise, a conditional use permit is required
Dance and Fitness Studios–Large    
P
Dance and Fitness Studios–Small
P
Day Care Centers
C
Drive Through Facilities
C
Educational Institutions–Business
P/M
Institutions with ten students or less do not require a conditional use permit
Educational Institutions–General
   C
Educational Institutions–Tutoring
P
Subject to Subsection .050 of Section 18.36.040 (Educational Institutions–Tutoring)
Emergency Shelters (50 or fewer occupants)
N
 
Emergency Shelters (more than 50 occupants)
N
 
Entertainment Venue
C
Subject to Subsection .050 of Section 18.36.040 (Entertainment Venue)
Equipment Rental-Large
N
 
Equipment Rental-Small
C
 
Farmers Market
M
 
Golf Courses & Country Clubs
N
 
Helipads & Helicopters
C
 
Hospitals
C
 
Hotels
C
 
Hotels, Full Kitchen Facilities
C
 
Industry
N
 
Industry-Heavy
N
 
Junkyards
N
 
Markets–Large
P
Subject to 18.38.155
Markets–Small
P/C
Subject to 18.38.155, otherwise a conditional use permit is required
Medical & Dental Offices
P
 
 
Table 30-A
PRIMARY USES:  DOWNTOWN MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
DMU
Special Provisions
Non-Residential Classes of Uses
Medical Marijuana Dispensaries
N
 
Mortuaries
C
 
Motels
N
 
Offices-Development
P
 
Offices–General
P
 
Oil Production
N
 
Outdoor Storage Yards
N
 
Personal Services–General
P/N
On-site dry cleaning and laundromats are not allowed. Massage subject to § 18.16.070 except massage not permitted in live/work units.
Personal Services–Restricted
C
 
Plant Nurseries
C
 
Public Services
P
 
Public Art and Murals
P
Subject to review and approval by the Planning and Community and Economic Development Departments
Recreation–Billiards
P/C
Subject to Section 18.38.085; otherwise, a conditional use permit is required
Recreation–Commercial Indoor
C
 
Recreation–Commercial Outdoor
C
 
Recreation–Low-Impact
P
 
Recreation–Swimming and Tennis
P
 
Recuperative Care/Medical Respite
N
 
Recycling Facilities-General
N
 
Recycling Facilities-Processing
N
 
Repair Services–General
P
 
Repair Services–Limited
P
 
Research and Development
P
Restaurants-Full Service
P
 
Restaurants–General
P
 
Restaurants–Outdoor Dining
P
Subject to Section 18.38.220
Retail Sales–General
P
Retail Sales–Kiosks
M
If food service is proposed, the application shall include a complete description of how food products will be refrigerated and/or heated, and how utensils, appliances and equipment will be cleaned.
Retail Sales-Outdoor
C
Subject to 18.38.190 and 18.38.200
Retail Sales–Used Merchandise
P
 
 
Table 30-A
PRIMARY USES:  DOWNTOWN MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
 
DMU
Special Provisions
Non-Residential Classes of Uses
 
Self-Storage
N
Senior Living Facilities (Large)
C
Sex-Oriented Buisness
N
Sober Living Homes (Large)
C
Subject to 18.38.123
Smoking Lounges
N
Studios–Broadcasting
P/C
Permitted without a conditional use permit if there is no live audience
Studios–Recording
P
Permitted without a conditional use permit if there is no live audience
Towing Services
N
 
Transit Facilities
C
 
Truck Repair & Sales
N
 
Utilities–Major
C
 
Utilities–Minor
P
Veterinary Services
P/C
Subject to 18.38.270; otherwise, a conditional use permit is required
Warehousing & Storage-Enclosed
N
 
Wholesaling
C
Shall be accessory to a Retail Sales use
Wine Bar
C
 
 
 
Table 30-B
ACCESSORY USES AND STRUCTURES: DOWNTOWN MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M-Minor Conditional Use Permit Required
N=Prohibited
DMU
Special Provisions
Accessory Dwelling Unit
P
Subject to 18.38.015
Accessory Dwelling Unit-Junior
N
Accessory Living Quarter
N
Agricultural Workers Quarters
N
Amusement Devices
P
Subject to Section 18.16.050
Automated Teller Machines (ATMs)
P/M
Permitted without a minor conditional use permit if located inside an existing business or on an exterior building wall
Animal Keeping
P
Subject to Section 18.38.030
Antennas–Dish
P
Subject to 18.38.050
Antennas–Receiving
P
Subject to 18.38.050
Caretaker Units
P
Day Care–Large Family
P
 
Day Care–Small Family
P
 
Entertainment-Accessory
P
Subject to 18.16.060 in conjunction with a commercial use
Fences & Walls
P
Subject to 18.40.050 and 18.46.110. This use may occur on a lot with or without a primary use
Greenhouses-Private
N
Home Occupations
P
Subject to Section 18.38.130 (Home Occupations)
Landscaping & Gardens
P
Subject to Chapter 18.46 (Landscaping and Screening); this use may occur on a lot with or without a primary use
Mechanical & Utility Equipment– Ground Mounted
P
Subject to Section 18.38.160 (Mechanical and Utility Equipment – Ground Mounted)
Mechanical & Utility Equipment– Roof Mounted
P
Subject to Section 18.38.170 (Mechanical and Utility Equipment – Roof Mounted)
Outdoor Displays
P
Subject to 18.38.190
Parking Lots & Garages
P
Valet Parking
M
Petroleum Storage-Incidental
P
Shall comply with the Uniform Fire Code
Portable Food Carts
C
Recreation Buildings & Structures
P
Recycling Services-Consumer
P
Subject to Chapter 18.48
Retail Floor, Wall & Window Coverings
N
Short-Term Rentals
N
 
 
Table 30-B
ACCESSORY USES AND STRUCTURES: DOWNTOWN MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
DMU
Special Provisions
Retail Sales–Outdoor Display
P
Subject to Subsection .170 of Section 18.36.050 (Outdoor Displays)
Signs
P
Subject to Section 18.30.120 (Signs). Portable signs may be permitted, subject to review and approval of a “Coordinated Sign Program” by the Planning Director.
Solar Energy Panels
P
Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane as provided in Section 18.38.170
Thematic Elements
P
 
Vending Machines
P
Shall be screened from view from public rights-of-way, and shall not encroach onto sidewalks
Warehousing & Storage-Outdoors
N
 
 
 
Table 30-C
TEMPORARY USES AND STRUCTURES: DOWNTOWN MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
 
DMU
Special Provisions
Contractor’s Office & Storage
P
Subject to Section 18.38.105 (Contractor’s Office & Storage)
Open-Air Festivals
P
Requires all applicable City permits
Special Events
P
Subject to Section 18.38.240 (Special Events)
 
(Ord. 5920  1 (part); June 8, 2004:  Ord. 5998 § 19; October 25, 2005:  Ord. 6245 §§ 37, 38;  June 5, 2012:  Ord. 6289 § 5; October 8, 2013:  Ord. 6317 § 9; March 3, 2015:  Ord. 6351 § 16; December 15, 2015:  Ord. 6352 § 3; December 15, 2015:  Ord. 6357 § 3; February 9, 2016:  Ord. 6390 § 7; December 20, 2016:  Ord. 6432 §§ 19 - 21; April 10, 2018:  Ord. 6493 § 11; September 29, 2020:  Ord. 6506 §§ 21, 22; February 9, 2021.)