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Notwithstanding any other provisions of this Code, any Automotive Use, including Retail or Non-Retail uses, as defined in Section 102, shall be principally permitted to convert to an Electric Vehicle Charging Location, also as defined in Section 102, regardless of the underlying zoning district. Further, such conversion shall not be subject to the notification requirements outlined in Section 311.
(Added by Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022)
Notwithstanding any other provision of this Article 2, a change in use or demolition of a Residential Care Facility use, as defined in Section 102, shall require Conditional Use authorization pursuant to Section 303, including the specific conditions in that Section for conversion of such a use. This Section 202.14 shall not authorize a change in use if the new use or uses are otherwise prohibited.
(Added by Ord. 149-21, File No. 210535, App. 9/29/2021, Eff. 10/30/2021)
Editor’s Note:
This section originally was designated 202.11 when enacted by Ord. 149-21 and was redesignated at the direction of the Office of the City Attorney in order to avoid conflicting with previously existing material.
This Code shall not limit the temporary use of any property as a public voting place, or the construction, installation or operation by any public agency or private corporation of any street, of any utility pipe, conduit or sewer, of any power, transmission, communication or transportation line, or of incidental appurtenances to any of the foregoing when located in a street, alley, utility easement or other right-of-way.
(Amended by Ord. 443-78, App. 10/6/78)
(See Interpretations related to this Section.)
This Section 204 and Sections 204.1 through 204.6
, shall regulate Accessory Uses, as defined in Section 102. Any use which does not qualify as an Accessory Use shall be classified as a Principal or Conditional Use, unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 463-87, App. 11/19/87; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022)
AMENDMENT HISTORY
(See Interpretations related to this Section.)
No use shall be permitted as an accessory use to a dwelling unit in any District that involves or requires any of the following:
(a) Any construction features or alterations not residential in character;
(b) The use of more than one-third of the total floor area of the dwelling unit, except in the case of accessory off-street parking and loading or Neighborhood Agriculture as defined by Section 102;
(c) The employment of more than two people who do not reside in the dwelling unit, excluding a domestic worker, gardener, or janitor;
(d) Residential occupancy by persons other than those specified in the definition of family in this Code;
(e) In RH-1(D), RH-1, and RH-1(S) Districts, the provision of any room for a roomer or boarder with access other than from within the dwelling unit;
(f) Addition of a building manager's unit, unless such unit meets all the normal requirements of this Code for dwelling units;
(g) The maintenance of a stock in trade other than garden produce related to Neighborhood Agriculture as defined by Section 102, or materials and products related to a Cottage Food Operation; or
(h) The use of show windows or window displays or advertising to attract customers or clients;
(i) The conduct of a business office open to the public other than for sales related to garden produce of Neighborhood Agriculture as defined by Section 102, or the finished products of a Cottage Food Operation; or
(j) A Medical Cannabis Dispensary as defined in Section 102 of this Code.
Provided, however, that Subsection (i) of this Section shall not exclude the maintenance within a Dwelling Unit of the office of a professional person who resides therein, if accessible only from within the dwelling unit; and provided, further, that Subsection (h) shall not exclude the display of signs permitted by Article 6 of this Code.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; 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. 288-13
, File No. 130998, App. 12/26/2013, Eff. 1/25/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024)
AMENDMENT HISTORY
Divisions (b), (g), and [former] (h) amended; Ord. 66-11
, Eff. 5/20/2011. [Former] division (i) added; Ord. 140-11, Eff. 8/4/2011. Section header, undesignated introductory paragraph, and divisions (b), (c), and (g) amended; new division (h) added; former division (h) redesignated as (i) and amended; former division (i) redesignated as (j); undesignated concluding paragraph amended; Ord. 288-13
, Eff. 1/25/2014. Divisions (b), (c), (g), (i), and (j) amended; Ord. 22-15, Eff. 3/22/2015. Division (c) amended; Ord. 248-23, Eff. 1/14/2024.
(See Interpretations related to this Section.)
No use shall be permitted as an accessory use to a use other than a dwelling in any Residential District that involves or requires any of the following:
(a) The use of more than one-fourth of the total floor area occupied by such use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading;
(b) The use of show windows or window displays or advertising to attract customers or clients, except for an identifying sign and regulated in Article 6 of this Code; or
(c) The conduct of any activity of a profit-making or commercial nature, except as an integral part of the permitted principal or conditional use where such activity is expressly permitted by the Zoning Control Table for the district; or
(d) A Medical Cannabis Dispensary as defined in Section 102 of this Code.
(e) An Adult Sex Venue as defined in Section 102 of this Code.
AMENDMENT HISTORY
(See Interpretations related to this Section.)
(a) Purpose. The purpose of this Section 204.3 is to regulate Accessory Uses other than Dwellings in C, RC, M, and PDR Districts, so as to permit related Accessory Uses while restricting uses incompatible with the purpose or detrimental to the character of a district.
(b) Controls. An Accessory Use to a lawful Principal or Conditional Use is subject to the following limitations:
(1) Floor Area Limitations. An Accessory Use may not 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:
(A) accessory off-street parking or loading;
(B) accessory wholesaling, manufacturing, or processing of foods, goods, or commodities; and
(C) except in PDR Districts, Arts Activities.
(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 Restaurants and Limited Restaurants. Catering Uses that satisfy the limitations set forth in Section 703(d)(3)(B) shall be permitted as an Accessory Use to Restaurants and Limited Restaurants.
(5) Retail Uses Accessory to PDR Uses in PDR Districts. 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.
(6) Antennas in C, M, and PDR Districts. 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:
(A) 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;;1
(B) the antenna or dish is an accessory use to a lawful principal or conditional use; and; and1
(C) 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 (6) 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.
(e) Accessory Storage in C Districts. Accessory storage on the second floor and above is permitted for stock and trade relating to retail uses with street level storefronts in the same building. There shall be no limitation on the square footage of accessory storage as long as the storage supports a ground floor use in the same building.
(f) Prohibition of Non-Cannabis Parcel Delivery Service as Accessory Use. Parcel Delivery Service, as defined in Section 102 of the Planning Code, for merchandise or products other than cannabis and cannabis products is not allowed as an accessory use to any other principal use.
(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; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024)
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. Division (d) added; Ord. 75-22, Eff. 6/13/2022. New division (a) added; former divisions (a)-(a)(4), (b), and (c)-(c)(3) amended as (b)-(b)(6)(C); Ord. 70-23, Eff. 6/3/2023. Division (e) added; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Division (f) added; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024; and Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024.
CODIFICATION NOTE
1. So in Ord. 70-23.
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