(See Interpretations related to this Section.)
(a) Uses in Enclosed Buildings. All Permitted and Conditionally Permitted Uses in Eastern Neighborhoods Mixed Use Districts shall be conducted within an enclosed building, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: Agricultural Uses, Wireless Telecommunications Services Facility, uses which by their nature are to be conducted in an open lot or outside a building, and uses which, when located outside of a building, qualify as, Outdoor Sales, an Outdoor Activity Area, or a Walk-Up Facility.
(b) Use Limitations. Uses in Eastern Neighborhood Mixed Use Districts are either Principally Permitted, Conditional, Accessory, temporary, or are not permitted. The Uses and Use Characteristics that are Principally Permitted, Conditionally Permitted, or not permitted are detailed in the Zoning Control Tables for each zoning district.
(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 the zoning control table for the district. Additional requirements and conditions may be placed on particular uses as provided pursuant to Section 202.2, 803.8 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 the zoning control table for the district. Conditional Uses are subject to the applicable provisions set forth in Sections 178, 179, 303, and 803.8 through 803.9 of this Code.
(i) An establishment that sells beer or wine with motor vehicle fuel is a conditional use, and shall be governed by Section 202.2(b)(1).
(ii) Notwithstanding any other provision of this Article, a change in use or demolition of a Movie Theater use shall require Conditional Use authorization. This subsection (b)(1)(B)(ii) 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 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.
(C) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwellings in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an Accessory Use, as defined in Section 102, shall be permitted in an Eastern Neighborhoods Mixed Use District. In order to accommodate a Principal Use that 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 may occupy space which is non-contiguous 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 that involves or requires any of the following:
(i) The use of more than one-third of the total Occupied Floor Area that 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 conforming to the provisions of this Code, Arts Activities, and accessory wholesaling, manufacturing, or processing of foods, goods, or commodities;
(ii) A Hotel, Motel, Adult Entertainment, or Massage Establishment use;
(iii) Any sign not conforming to the limitations of Section 607.2(f)(3).
(iv) A Medical Cannabis Dispensary use.
(v) Any Nighttime Entertainment use, as defined in Section 102; provided, however, that a Limited Live Performance Permit as set forth in Police Code Section 1060 et seq., and entertainment that does not require a Limited Live Performance permit as set forth in Police Code Section 1060.1(e), is allowed in any District except for a RED,1
District.
(vi) Cannabis Retail that does not meet the limitations set forth in Section 204.3(a)(3).
(vii) Catering uses that do not meet the limitations set forth in Section 703(d)(3)(B).
(viii) An Adult Sex Venue as defined in Section 102 of this Code.
(2) Uses Not Permitted. No use, even though listed as a permitted use or otherwise allowed, shall be permitted in an Eastern Neighborhood Mixed Use District that, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise. The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 202(b)(1).
(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; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; 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)
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. Divisions (b)(1)(C) and (b)(1)(C)(ii) amended; former division (b)(1)(C)(iii) deleted; former divisions (b)(1)(C)(iv)-(viii) redesignated as (b)(1)(C)(iii)-(vii); current division (b)(1)(C)(v) amended; Ord. 63-20, Eff. 5/25/2020. Division (b)(1)(C)(v) amended; Ord. 111-21, Eff. 9/4/2021. Division (b)(1)(C)(viii) added; Ord. 75-22, Eff. 6/13/2022. Divisions (a)-(b)(1)(D) amended; division (b)(1)(B)(iv) deleted; former Sec. 803.4 incorporated as division (b)(2); Ord. 70-23, Eff. 6/3/2023.
CODIFICATION NOTE