§ 17.3.320 USE REGULATIONS.

   Refer to Article 12 for information on the characteristics of uses included in each of the Use Categories.

   A.   Permitted uses . Uses allowed in the Commercial zones are listed in Table 3-8 with a “P”. These uses are allowed if they comply with the development standards and other regulations of this Code.

   B.   Limited uses. Uses that are allowed subject to specific limitations are listed in Table 3-8 with an “L”. These uses are allowed if they comply with the limitations listed in the footnotes to the table and the development standards and other regulations of this Code.

   C.   Conditional uses . Uses that are allowed if approved through the conditional use process are listed in Table 3-8 with a “C”. These uses are allowed provided they comply with the conditional use approval criteria, the development standards, and other regulations of this Code. § 17.2.200 contains the conditional use process and approval criteria.

   D.   Not permitted uses . Uses listed in Table 3-8 with an “N” are not permitted or prohibited. Existing uses may be subject to the regulations of §§ 17.7.100 et. seq. Nonconforming  Development .

   E.   Accessory uses . Uses that are accessory to a primary use are allowed if they comply with specific regulations for accessory uses and all development standards.

Table 3-8 Commercial and Mixed-Use Zones Use Table.
USE CATEGORY	NC	CC	NMU
RESIDENTIAL
Household Living	L[1]	L[2]	P/L[14]
Group Living	N	P	N
Transitional Housing	N	C	N
Home Occupation	L[3]	L[3]	L[3]
Bed and Breakfast	L[4]	P	L[4]
HOUSING TYPES
Single Units, Detached	N	N	L[18]
Single Units, Attached/Townhomes	N	P	P
Accessory Dwelling Units	N	N	P
Duplexes	N	P	P
Triplexes	N	P	P
Quadplexes	N	P	P
Cottages/Cottage Clusters	N	P	P
Courtyard Housing	N	P	P
Manufactured Dwellings	N	N	N
Manufactured Dwelling Park	N	N	N
Multi-Family Units	P	P	P
CIVIC / INSTITUTIONAL
Basic Utilities	P	P	P
Major Utility Transmission Facilities	C	C	C
Colleges	N	C	N
Community Recreation	N	P	L[15]
Cultural Institutions	P	P	L[15]
Day Care	P	P	L[15]
Emergency Services	C	C	L[15]
Postal Services	C	P	L[15]
Religious Institutions	C	P	L[15]
Schools	C	C	L[15]
Seasonal Shelters	N	L[19]	N
Social/Fraternal Clubs/Lodges	C	P	L[15]
COMMERCIAL
Commercial Lodging	N	L[5][20]	L[15][20]
Eating and Drinking Establishments	L[6]	P	L[15]
Entertainment – Oriented:
- Major Event Entertainment	N	C	N
- Outdoor Entertainment	N	C	N
- Indoor Entertainment	N	P	L[15]
General Retail:
- Sales-Oriented	L[7]	L[7]	L[15]
- Personal Services	P	P	L[15]
- Repair-Oriented	P	P	L[15]
- Bulk Sales	N	P	N
- Outdoor Sales	L[8]	L[8]	L[15]
- Animal-Related	N	P	N
Medical Centers	N	L[12]	N
Motor Vehicle Related:
- Motor Vehicles Sale/Rental	N	L[9]	N
- Motor Vehicle Servicing/Repair	N	P	L[16]
- Motor Vehicle Fuel Sales	P[10]	P	N
Non-Accessory Parking	N	P	N
Office	L[17]	L[17]	L[16][17]
Self-Service Storage	N	C	N
INDUSTRIAL
Industrial Services	N	N	N
Manufacturing and Production:
- Light Industrial	N	C[11]	N
- General Industrial	N	N	N
- Medical and Recreational Cannabis Processors and Production	N	N	N
Railroad Yards	N	N	N
Research and Development	N	N	N
Warehouse/Freight Movement	N	N	N
Waste-Related	N	N	N
Wholesale Sales	N	N	N
OTHER
Agriculture/Horticulture	P	P	P
Cemeteries	N	N	N
Detention Facilities	N	N	N
Mining	N	N	N
Wireless Communication Facilities	L[13]	L[13]	L[13]
P = Permitted    L = Limited    C = Conditional Use     N = Not Permitted Footnotes: [1] Residential units are permitted in conjunction with a mixed-use development in the NC zone, at a minimum density of 6.97 and a maximum density of 8.71 dwelling units/net acre . [2] Residential units are permitted as a stand-alone use or as part of a mixed-use development in the CC zone, at a minimum density of 16.22 units/net acre and a maximum density of 30.00 units/net acre . Stand-alone residential projects shall have a minimum density of 16.22 units/net acre . There is no minimum density requirement when residential units are constructed over first floor commercial uses. Residential density for affordable housing may be increased to 50.00 units/net acre pursuant to § 17.7.410 Table 7-2 Tier 2. [3] Home occupations permitted as an accessory use to residential development , subject to compliance with the home occupation standards in Article 7. [4] Bed & breakfast inn limited to five guest rooms in the NC zone, subject to compliance with the bed & breakfast inn standards in Article 7. [5] Recreational Vehicle Parks require obtaining a conditional use permit and compliance with the requirements of §§ 17.5.500 et seq. All other commercial lodging uses are permitted. [6] Restaurants are permitted in the NC zone (drive-through service is prohibited). [7] Cannabis retailers are prohibited in the Neighborhood Commercial zone district and conditionally permitted within the Community Commercial zone district, consistent with the locational requirements of State law and compliance with the requirements of § 17.8.1100. [8] Outdoor sales in the NC zone are limited to plants and produce. Outdoor sales areas in the CC zone must be set back at least ten feet from street  lot lines and lot lines abutting residential zones and the setback area must be landscaped. [9] Cleaning, sales and repair of motor vehicles and light equipment is permitted outright in the CC zone; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted with conditional use approval. [10] Automobile service station in the NC zone is limited to fuel sales and incidental repair service. [11] As a conditional use pursuant to §§ 17.2.200 et seq., light industrial uses limited within a building no larger than 5,000 square feet in size with no visible emissions or odor outside the building , and with the added criteria that such use does not detract from the commercial viability of the area. [12] Medical cannabis dispensaries must be located consistent with the requirements of state law and comply with the provisions of § 17.8.1100 of this Code. Medical cannabis dispensary are classified as a conditional use . [13] Wireless communication facilities are regulated by the standards in Article 7. [14] Residential and day care uses - Existing uses are permitted outright. [15] Use is only permitted within a Village Center of a Mixed Use Planned Development approved in accordance with § 17.4.300. [16] Restricted to uses existing as of 03/28/2016. [17] Cannabis testing laboratories are prohibited in the NC and NMU and are conditional uses in the CC zone. [18] Lot area per unit shall not exceed 4,000 square feet. [19] Seasonal Shelters must be located consistent with the provisions of §§ 17.2.900 et seq. and §§ 17.5.600 et seq. of this Code. [20] Entertainment-oriented facilities may be permitted as an accessory use. Events of 500 or more spectators shall require a temporary use permit.

 

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2015-2, passed 4-27-2015; Ord. 2016-3, passed 3-28-2016; Ord. 2016-7, passed 3-28-2016; Ord. 2017-12, passed 11-27-2017; Ord. 2018-5, passed 9-10-2018; Ord. 2019-05, passed 6-24-2019; Ord. 2019-10, passed 9-23-2019; Ord. 2020-05, passed 11-9-2020; Ord. 2022-01, passed 5-9-2022; Ord. 2022-03, passed 8-22-2022; Ord. 2023-03, passed 5-22-2023)