SEC. 803.3. USES PERMITTED IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS.

   (a)   Use Categories. A use is the specified purpose for which a property or building is used, occupied, maintained, or leased. Whether or not a use is permitted in a specific Eastern Neighborhood Mixed Use District is generally set forth, summarized or cross-referenced in Sections 813 through 814 and 840 through 848 of this Code for each district class.

   (b)   Use Limitations. Uses in Eastern Neighborhood Mixed Use Districts are either Principally Permitted, Conditional, Accessory, temporary, or are not permitted.

      (1)   Permitted Uses. If there are two or more uses in a structure, any use not classified below under Section 803.3(b)(1)(C) of this Code as Accessory will be considered separately as an independent permitted, Conditional, temporary or not permitted use.

         (A)   Principal Uses. Principal Uses are permitted as of right in an Eastern Neighborhood Mixed Use District, when so indicated in Sections 813 through 814 and 840 through 848 of this Code for the district. Additional requirements and conditions may be placed on particular uses as provided pursuant to Section 803.5 through 803.9 and other applicable provisions of this Code.

         (B)   Conditional Uses. Conditional uses are permitted in an Eastern Neighborhood Mixed Use District, when authorized by the Planning Commission; whether a use is conditional in a given district is generally indicated in Sections 813 through 814 and 840 through 848 of this Code. Conditional Uses are subject to the applicable provisions set forth in Sections 178, 179, 303, and 803.5 through 803.9 of this Code.

            (i)   An establishment which sells beer or wine with motor vehicle fuel is a conditional use, and shall be governed by Sections 202(b)(1).1

            (ii)   Notwithstanding any other provision of this Article, a change in use or demolition of a Movie Theater use, as set forth in Section 890.64, shall require Conditional Use authorization. This Section shall not authorize a change in use if the new use or uses are otherwise prohibited.

            (iii)   Notwithstanding any other provision of this Article, a change in use or demolition of a General Grocery use, as set forth in Section 890.102(a) and as further defined in Section 102, shall require Conditional Use authorization. This subsection (b)(1)(B)(iii) shall not authorize a change in use if the new use or uses are otherwise prohibited.

            (iv)   Large-Scale Urban Agriculture, as defined in Section 102, shall require Conditional Use authorization.

         (C)   Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in R and NC Districts), 204.2 (Accessory Uses for Uses Other Than Dwellings in R Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an accessory use is a related minor use which is either necessary to the operation or enjoyment of a lawful Principal Use or Conditional Use, or is appropriate, incidental, and subordinate to any such use, and shall be permitted as an Accessory Use in an Eastern Neighborhoods Mixed Use Distric. In order to accommodate a Principal Use which is carried out by one business in multiple locations within the same general area, such Accessory Use need not be located in the same structure or lot as its Principal Use provided that (1) the Accessory Use is located within 1,000 feet of the Principal Use; and (2) the multiple locations existed on April 6, 1990. Accessory Uses to non-office uses (as defined in Section 890.70) may occupy space which is noncontiguous or on a different Story as the Principal Use so long as the Accessory Use is located in the same building as the Principal Use and complies with all other restrictions applicable to such Accessory Uses. Any use which does not qualify as an Accessory Use shall be classified as a Principal Use.

            No use will be considered accessory to a Principal Use which involves or requires any of the following:

            (i)   The use of more than one-third of the total Occupied Floor Area which is occupied by both the accessory use and principal use to which it is accessory, combined, except in the case of accessory off-street parking or loading which shall be subject to the provisions of Sections 151, 156 and 303 of this Code;

            (ii)   A hotel, motel, inn, hostel, adult entertainment, massage establishment, large fast food restaurant, or movie theater use in a RED, RED-MX, SPD, DTR, MUG, WMUG, MUR, MUO, CMUO, WMUO, SALI or UMU District;

            (iii)   Any take-out food use, except for a take-out food use which occupies 100 square feet or less (including the area devoted to food preparation and service and excluding storage and waiting areas) in a restaurant, bar, catering establishment, bakery, retail grocery or specialty food store.

            (iv)   Any sign not conforming to the limitations of Section 607.2(f)(3).

            (v)   Medical Cannabis Dispensaries as defined in 890.133.

            (vi)   Any nighttime entertainment use, as defined in Section 102; provided, however, that a Limited Live Performance Permit as set forth in Police Code Section 1060et seq.is allowed in any District except for an RED, RED-MX, MUR, or MUG District.

            (vii)   Cannabis Retail that does not meet the limitations set forth in Section 204.3(a)(3).

            (viii)   Catering Uses that do not meet the limitations set forth in Section 703(d)(3)(B).

         (D)   Temporary Uses. Temporary uses not otherwise permitted are permitted in Eastern Neighborhoods Mixed Use Districts to the extent authorized by Sections 205 through 205.3 of this Code.

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 420-97, App. 11/7/97; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 270-04, File No. 041070, App. 11/9/2004; Ord. 298-06, File No. 061261, App. 12/12/2006; Ord. 245-08, File No. 080696; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 172-11 , File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 165-15 , File No. 150465, App. 9/23/2015, Eff. 10/23/2015; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; 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; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

AMENDMENT HISTORY

Division (b)(1)(B)(iv) added; Ord. 66-11 , Eff. 5/20/2011. Division (b)(1)(C)(v) added; Ord. 140-11, Eff. 8/4/2011. Division (b)(1)(C)(ii) amended; division (b)(1)(C)(vi) added; Ord. 172-11 , Eff. 10/12/2011. Division (b)(1)(B) amended; Ord. 196-11 , Eff. 11/3/2011. Divisions (a), (b)(1)(A), (b)(1)(B), (b)(1)(C)(ii), (b)(1)(C)(vi) amended; Ord. 42-13 , Eff. 4/27/2013. Designation of division (b)(1)(C)(vi) corrected; Ord. 56-13 , Eff. 4/27/2013. Section header and division (b)(1)(C)(vi) amended; Ord. 165-15 , Eff. 10/23/2015. Divisions (b)(1)(B), (b)(1)(B)(iv), (b)(1)(C), and (b)(1)(C)(i) amended; Ord. 99-17, Eff. 6/18/2017. Divisions (b) and (b)(1)(A)-(b)(1)(B)(iv) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (b), (b)(1), and (b)(1)(C) amended; division (b)(1)(C)(vii) added; Ord. 229-17, Eff. 1/5/2018. Division (b)(1)(C)(viii) added; Ord. 196-18, Eff. 9/10/2018. Section header and divisions (a), (b), (b)(1)(A)-(C), (b)(1)(C)(ii), (b)(1)(C)(vi), and (b)(1)(D) amended; Ord. 296-18, Eff. 1/12/2019.

CODIFICATION NOTE

1.   So in Ord. 129-17.