SEC. 204.3. ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN C, RC, M, AND PDR DISTRICTS.

   (a)   Commercial, Residential-Commercial, PDR, and M Districts. An Accessory Use to a lawful Principal or Conditional Use is subject to the following limitations:

      (1)   Floor Area Limitations. An Accessory Use cannot occupy more than one-third of the total floor area occupied by such use, any additional accessory uses, and the Principal or Conditional Use to which it is accessory, except in the case of accessory off-street parking or loading.

      (2)   Noise and Vibration Limitations. Any noise, vibration, or unhealthful emissions may not extend beyond the premises of the use.

      (3)   Limitations on Cannabis Retail Accessory Uses. The sale of cannabis as an accessory use is subject to any applicable limitations or regulations imposed by the Office of Cannabis. Cannabis Retail is not permitted as an Accessory Use unless the Cannabis Retail establishment holds a permit from the City’s Office of Cannabis specifically permitting Cannabis Retail accessory to another activity on the same premises.

      (4)   Accessory Catering Use to Limited Restaurants. Catering Uses that satisfy the limitations set forth in Section 703(d)(3)(B) shall be permitted as an Accessory Use to Limited Restaurants.

   (b)   PDR and M District Specific Controls. Multiple PDR uses within a single building or development may combine their accessory retail allotment into one or more shared retail spaces, provided that the total allotment of accessory retail space per use does not exceed what otherwise would be permitted by this Section 204.3.

   (c)   C, M, and PDR District Specific Controls. An antenna or a microwave or satellite dish shall be permitted in, C, M, and PDR Districts, except PDR-1-B Districts, without regard to the height of such antenna or microwave or satellite dish and without regard to the proximity of such antenna or microwave or satellite dish to any R District, if the following requirements are met:

      (1)   the antenna or dish will be used for the reception of indoor wireless, microwave, radio, satellite, or television broadcasts for the exclusive benefit of the residents or occupants in the building on which the facility is placed;

      (2)   the antenna or dish is an accessory use to a lawful principal or conditional use; and

      (3)   the antenna or dish shall comply with any applicable design review criteria, including but not limited to any applicable design review criteria contained in the Wireless Telecommunications Services Facility Siting Guidelines.

   This subsection (c) shall not apply to an antenna or a microwave or satellite dish that complies with the Federal Communications Commission’s Over the Air Receiving Device rules.

(Amended by Ord. 111-80, App. 3/28/80; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 196-18, File No. 180320, App. 8/10/2018, Eff. 9/10/2018)

AMENDMENT HISTORY

[Former] division (d) amended; Ord. 71-14 , Eff. 6/22/2014. Section header and division (a) amended; former divisions (a)(1)-(3) and (5) deleted, former division (a)(4) redesignated as (a)(1) and amended, and new division (a)(2) added; former divisions (b) and (c) deleted and former division (d) redesignated as (b) and amended; Ord. 232-14 , Eff. 12/26/2014. Section header amended; Ord. 22-15, Eff. 3/22/2015. Division (c) added; Ord. 166-16 , Eff. 9/10/2016. Divisions (a)-(a)(2) amended; division (a)(3) added; divisions (b) and (c)-(c)(2) amended; Ord. 229-17, Eff. 1/5/2018. Division (a)(4) added; Ord. 196-18, Eff. 9/10/2018.