(A) Permitted uses. Table 153.070.020 identifies the permitted uses in the MU-1 and MU-2 Zones.
(B) Conditional uses. Certain uses may be subject to special conditions regarding the location, operation or design of the use. References to these provisions are made in Table 153.070.020.
(C) Prohibited uses. If a use is not specifically listed in Table 153.070.020, that use is prohibited. However, the Zoning Administrator shall have the authority to determine whether the proposed use is permitted based on the finding that the use is similar to and no more detrimental than a particular use permitted in the zone.
(D) Mixed uses. Permitted uses identified in Table 153.070.020 may be established on a single site as an integrated project, subject to the provisions of subchapter 153.120 related to Mixed Use Development. Stand-alone commercial uses are permitted in Mixed Use Zones. In mixed use zones, all new development is required to include a commercial component.
Permitted and Conditionally Permitted Uses within Mixed-Use Zones | P CUP A -- | Permitted use Conditional use permit required Accessory use Use not allowed | |
Land Use | MU-1 | MU-2 | Specific Regulations |
Permitted and Conditionally Permitted Uses within Mixed-Use Zones | P CUP A -- | Permitted use Conditional use permit required Accessory use Use not allowed | |
Land Use | MU-1 | MU-2 | Specific Regulations |
Accessory dwelling units | P | P | 153.120 Part 11 |
Acupressure/acupuncture establishments | -- | -- | |
Alcohol sales a. On-sale outlets b. Off-sale outlets | CUP CUP | CUP CUP | |
Antique shops | P | -- | |
Arcades and internet cafes | CUP | CUP | |
Art/photography stores, studios and galleries | P | P | |
Banks and financial institutions | CUP | -- | |
Business support services (blueprinting, computer-services, film processing, small equipment rental, etc.) | P | P | |
Catering establishments | P | -- | |
Commercial entertainment (motion picture theaters, performing arts centers, dance halls) | CUP | -- | |
Day care centers - child | CUP | CUP | |
Day care centers - adult | CUP | CUP | |
Drug stores and pharmacies | P | P | |
Dwelling units a. Detached single-family dwelling units b. Multiple-family dwelling units | -- P | -- P | Housing portion of horizontal mixed use not allowed at intersection corner. |
Permitted and Conditionally Permitted Uses within Mixed-Use Zones | P CUP A -- | Permitted use Conditional use permit required Accessory use Use not allowed | |
Permitted and Conditionally Permitted Uses within Mixed-Use Zones | P CUP A -- | Permitted use Conditional use permit required Accessory use Use not allowed | |
Educational institutions a. College, university, professional b. Elementary and secondary (private) c. Elementary and secondary (public) d. Vocational and trade schools | CUP CUP P CUP | -- CUP P -- | |
Food and beverage sales a. Grocery stores (includes large, full-service markets) b. Specialty stores (deli, coffee, bakery, produce) c. Convenience stores d. Liquor stores | P P P CUP | P P P CUP | |
Game machines | A | A | |
Home improvement stores | CUP | -- | |
Home occupations 1 | A | A | |
Hotels and motels | CUP | -- | |
Massage establishments and services | -- | -- | |
Medical/dental offices | CUP | CUP | Only allowed on second floor or above |
Medical marijuana dispensaries | -- | -- | |
Multiple tenant retail - small | P | -- | |
Nightclubs | CUP | -- | Nightclubs accessory to a permitted primary use are permitted in the MU-1 zone, provided the permit for the primary use expressly identifies the nightclub as an accessory use |
Off-street parking facility | CUP | CUP | Must be located within 300 ft of the primary use/parcel |
Offices - business and professional | P | P | Only allowed on second floor or above |
Outdoor storage and use | A | A | 153.070.060 |
Personal services (barber shops, beauty salons/spas, tailors, dry cleaning, self-service laundry, etc.) | P | P | |
Pet stores | CUP | CUP | |
Permitted and Conditionally Permitted Uses within Mixed-Use Zones | P CUP A -- | Permitted use Conditional use permit required Accessory use Use not allowed | |
Permitted and Conditionally Permitted Uses within Mixed-Use Zones | P CUP A -- | Permitted use Conditional use permit required Accessory use Use not allowed | |
Places of assembly | CUP | CUP | Located on second floor or above only |
Recreational facilities a. Health clubs and gymnasiums b. Dance or martial arts studios | CUP P | -- CUP | |
Residential care facilities | CUP | CUP | |
Restaurants a. Restaurants with no alcohol sales b. Restaurants with alcohol sales | P CUP | P CUP | |
Retail shops | P | P | |
Vending machines a. Regular b. Reverse | A A | -- -- | |
Secondhand stores | -- | -- | |
Notes: (1) A home occupation permit must be obtained from the Business License Department. | |||
(E) Limitations on use. The nonresidential component of a mixed-use project shall be a use allowed within the applicable mixed-use zone, subject to the following additional limitations.
(1) In the MU-1 and MU-2 Zones, no more than 50% of the ground floor shall be developed with and dedicated to residential uses.
(2) The following uses and activities shall not be permitted within any mixed-use development:.
(a) Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, or any similar use.
(b) Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.
(c) Manufacturing or industrial activities, including but not limited to welding, machining, or any open flame work.
(d) Any other activity or use, as determined by the responsible review authority to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.
(3) After approval, a mixed-use building shall not be converted to entirely residential use.
(Ord. 1346, passed 5-2-12; Am. Ord. 1464, passed 11-17-21)