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(1) Intent. These commercial zone development standards are intended to achieve the following:

(a) Improve the quality and appearance of commercial development in the city.

(b) Ensure that such development is compatible with adjacent development and is complementary to the community as a whole.

(c) Encourage crime prevention through environmental design, decrease opportunity for crime, and increase user perception of safety.

(d) Increase opportunities for use of alternative modes of transportation.

(e) Regulate the intensity of use allowed on a site.

(f) Control the overall scale of commercial buildings.

(g) Promote streetscapes that are consistent with the desired character of the various commercial zones.

(h) Promote safe, attractive, and functional pedestrian circulation systems in commercial areas.

(2) Application of Standards. In addition to applicable provisions contained elsewhere in this land use code, the development standards listed in Table 9.2170 Commercial Zone Development Standards shall apply to all development in commercial zones.

Table 9.2170 Commercial Zone General Building Height and Setback Standards

C-1

C-2

C-3

GO

Building Height (See EC 9.2170(3))

Maximum Building Height

35 feet

120 feet

150 feet

50 feet

Setbacks (See EC 9.2170(4))

Minimum Front Yard Setback

10 feet

0 feet

0 feet

10 feet

Maximum Front Yard Setback

15 feet

15 feet

15 feet

15 feet

Minimum Interior Yard Setback

0 feet to 10 feet

0 feet to 10 feet

0 feet

0 feet to 10 feet

(3) Building Height.

(a) Exceptions to the general height restrictions for commercial structures stated in Table 9.2170 Commercial Zone General Building Height and Setback Standards are contained in:

1. EC 9.6715 Height Limitation Areas.

2. EC 9.6720 Height Exemptions for Roof Structures and Architectural Features.

(b) Subject to the limitations in subsection (a) of this section, in the C-2 or C-3 zones, no portion of a building located within 50 feet of a residential zone shall exceed the maximum building height permitted in the abutting residential zone.

(c) Subject to the limitations in subsection (a) of this section, the maximum permitted building height for main or accessory buildings in the GO zone shall not exceed 35 feet in height within 50 feet of an abutting AG, R-1, or R-2 zone. Otherwise, main and accessory building height maximums shall not exceed 50 feet.

(4) Setbacks.

(a) Exceptions to the general minimum front and interior yard setback requirements stated in Table 9.2170 Commercial Zone General Building Height and Setback Standards are contained in:

1. EC 9.6745 Setbacks – Intrusions Permitted.

2. EC 9.6750 Special Setback Standards.

(b) The maximum front yard setbacks stated in Table 9.2170 Commercial Zone General Building Height and Setback Standards, shall apply only to new buildings and any building addition that increases the length of the building facade facing a street, internal accessway, private drive, or shopping street as defined in EC 9.2175(3) by at least 100%. For purposes of this subsection, front yard setback may be measured from a public street or from the edge of the sidewalk furthest from the curb of an internal accessway, private drive, or shopping street. In addition, all new buildings and the portion of the development site specifically affected by the new building are subject to the requirements of this subsection. (See Figure 9.2170(4)(b) Maximum Front Yard Setbacks, Building Orientation, and Entrances.)

1. In C-1, at least 80% of all street facing facades of the building must be within the specified maximum front yard setback.

2. In C-2 and C-3, a minimum of 25% of all street facing facades must be within the specified maximum front yard setback, or, orientation to an internal accessway, private drive, or shopping street as defined in EC 9.2175(3) is permitted in compliance with EC 9.2173(4)(a).

3. In GO, at least 60% of all street facing facades of the building must be within the specified maximum front yard setback.

4. Vehicular parking and circulation is not permitted in between the street and the portion of the building that is used to comply with this subsection.

5. Buildings fronting on a street must provide a main entrance facing the street on any facade of the building within the front yard setback. A main entrance is a principal entrance through which people enter the building. A building may have more than one main entrance. Buildings having frontage on more than one street shall provide at least one main entrance oriented to a street.

6. The land between the portion of a building complying with EC 9.2170(4)(b)(1) or (2) and a street must be landscaped or paved with a hard surface for use by pedestrians. If a hard surface is provided, the area must contain at least the equivalent of 1 pedestrian amenity for every 200 square feet of hard surface. The use of porous materials for hard surfacing is encouraged. Residential developments are exempt from this subsection. (See Figure 9.2170(4)(b)6. Landscaped or Paved Pedestrian Area with Pedestrian Amenities.)

7. The maximum front yard setback may be exceeded if the area between the building and the front property line is landscaped or paved for use by pedestrians. The area must contain at least the equivalent of 1 enhanced pedestrian amenity for every 200 square feet of hard surface. (See Figure 9.2170(4)(b)6. Landscaped or Paved Pedestrian Area with Pedestrian Amenities.)

(c) Where lot lines abut property within a residential zone category, the minimum interior yard setback for any building shall be 10 feet. Within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to this section may be made based on the criteria in EC 9.8030(16).

(d) For lots zoned C-1 within the S-JW Jefferson Westside Special Area Zone boundaries as shown on Figure 9.3605, setbacks from all portions of interior lot lines (as that term is defined for purposes of the S-JW Special Area Zone) shall be at least 10 feet from the interior lot line. In addition, at a point that is 20 feet above grade, the setback shall slope at the rate of 10 inches vertically for every 12 inches horizontally (approximately 50 degrees from vertical) away from that lot line.

(e) Adjustments. Except for the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to the minimum and maximum front yard setbacks in this subsection, except subsection (4)(a), may be made, based on criteria at EC 9.8030(2) Setback Standards Adjustment. Within the Downtown Plan Area, adjustments to the minimum and maximum front yard setbacks in this subsection, except subsection (4)(a), may be made, based on the criteria at EC 9.8030(16).

(5) Landscaping. The following landscape standards apply to new buildings, and the portion of the development site specifically affected by the new building and shall be subject to the requirements of this subsection.

(a) Minimum Landscape Area Required. In all commercial zones, except C-2 within the Downtown Plan Area as shown on Map 9.2161(6) and C-3, a minimum of 10 percent of the development site shall be landscaped with living plant materials. Within the C-2 zone within the Downtown Plan Area, a minimum of 5 percent of the development site shall be landscaped with living plant materials. No minimum landscaping is required in the C-3 zone. All required landscaping shall comply with landscape standards beginning at EC 9.6200 Purpose of Landscape Standards. Any required landscaping, such as for required front or interior yard setbacks or off-street parking areas, shall apply toward the development site minimum landscape requirement. The area of exterior landscaping on the roof of a building or exposed terrace may be used to meet the 10% minimum landscaping standard. Up to 50% of the landscape area may be a hard surface for recreational or enhanced pedestrian space.

(b) Minimum Landscape Standard. Unless otherwise specified in this land use code, required landscape areas must, at a minimum, comply with EC 9.6210(1) Basic Landscape Standard (L-1).

(c) Landscaping In Interior Yard Setbacks Abutting Residential Zones. Landscape planting beds within the interior yard setbacks abutting a residential zone shall be a minimum of 7 feet in width and shall comply with EC 9.6210(3) High Screen Landscape Standard (L-3).

(d) Street Trees. Street tree requirements are specified in EC 7.280 Street Tree Program – Policies, Standards, Procedure.

(e) Within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to subsections (a) and (b) may be made based on the criteria in EC 9.8030(16).

(6) Fences.

(a) Types. The type of fence, wall or screen used in any situation is limited only by specific requirements stated in landscape standards beginning at EC 9.6200 Purpose of Landscape Standards.

(b) Locations and Heights.

1. Fences up to 42 inches in height are permitted within the minimum or maximum front yard setback whichever is greater.

2. Fences up to 8 feet high are allowed in interior yard setbacks.

3. The height of fences that are not in required setback areas is the same as the regular height limits of the zone.

4. Fences must meet standards in EC 9.6780 Vision Clearance Area. (See Figure 9.2170(6) Fencing Standards in Commercial Zones and Figure 9.0500 Vision Clearance Area.)

(c) Adjustments. Within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to subsections (6)(a) and (6)(b) may be made based on the criteria in EC 9.8030(16).

(7) Outdoor Storage Areas. Except for plant nurseries, outdoor storage is not permitted in any commercial zone. All merchandise to be stored must be enclosed entirely within buildings or structures.

(8) Outdoor Merchandise Display.

(a) Except for plants and garden supply products, outdoor merchandise display is not allowed in C-1 and GO zones.

(b) In the C-2 zone, outdoor display of the uses listed in subsection 1. of this subsection, is permitted when in conformance with the standards listed in subsection 2. of this subsection.

1. Plants and garden supply products; motor vehicle sales, service, and repair; new and used boat sales; large equipment sales and rentals; service station pump islands; vending machines; manufactured home sales; children’s outdoor play equipment; and hot tubs.

2. Outdoor merchandise display is not permitted in required setback areas. Except for plant and garden supply displays, outdoor display areas shall be set back a minimum of 7 feet from the front lot lines with required setbacks landscaped to at least the EC 9.6210(1) Basic Landscape Standard (L-1).

(9) Garbage Screening. All outdoor garbage collection areas shall be screened on all sides within a solid perimeter enclosure that meets the following standards:

(a) Materials within enclosures shall not be visible from streets and adjacent properties.

(b) Required screening shall comply with EC 9.6210(6) Full Screen Fence Landscape Standard (L-6).

(c) Garbage collection areas shall not be located within required setbacks. Trash or recycling receptacles for pedestrians are exempt from these requirements.

(10) Underground Utilities. All utilities on the development site shall be placed underground. Except for the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to this section may be made based on criteria in EC 9.8030(5). Within the Downtown Plan Area, adjustments to this section may be made based on criteria in EC 9.8030(16). Refer also to EC 9.6775.

(11) Delivery and Loading Facilities.

(a) Delivery and loading facilities are not permitted in required setback areas.

(b) On lots abutting parcels with a residential zone, delivery and loading facilities shall be set back a minimum of 10 feet from property lines with required interior yard setbacks landscaped to at least the standards in EC 9.6210(4) High Wall Landscape Standard (L-4).

(12) Drive-Through Facilities.

(a) Application. The regulations in (b) through (e) of this subsection apply to the establishment of new drive through facilities, the addition of travel lanes for existing drive-through facilities in existing developments, and the relocation of an existing drive-through facility.

(b) Drive-Through Facilities in C-1 Zone. Drive-through facilities are not permitted in C-1 zones.

(c) Service Areas Setback and Landscaping. Service areas and stacking lanes shall be set back a minimum of 10 feet from all lot lines. Setback areas abutting a street shall be landscaped to at least the standards in EC 9.6210(1) Basic Landscape Standard (L-1). Interior yard setback areas must be landscaped to at least the standards in EC 9.6210(3) High Screen Landscape Standard (L-3).

(d) Driveway Entrances. All driveway entrances, including stacking lane entrances, must be at least 100 feet from an intersection, as measured along the property line from the tangent point of a corner radius and the closest edge of a driveway.

(e) Stacking Lanes. Design of stacking lanes shall conform with the requirements of EC 9.6415 Loading and Drive-Through Design Standards.

(f) Adjustments. Except for lots adjacent to land zoned residentially:

1. Outside of the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to subsection (c) Service Areas Setback and Landscaping may be made based on criteria at EC 9.8030(2) Setback Standards Adjustment.

2. Within the Downtown Plan Area adjustments to subsection (c) Service Areas Setback and Landscaping and subsection (e) Stacking Lanes may be made based on the criteria at EC 9.8030(16).

(Section 9.2170, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20299, enacted October 22, 2003, effective November 21, 2003, remanded on February 25, 2005 and provisions administratively removed on April 11, 2005; amended by Ordinance No. 20449, enacted December 14, 2009, effective January 16, 2010; Ordinance No. 20514, enacted July 22, 2013, effective August 24, 2013; and Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014.)