COMMERCIAL DISTRICT PROVISIONS

700.    Purposes
701.    Principal Uses
702.    Accessory Uses
703.    Bulk and Area Requirements
704.    Special Exception Uses, Requirements
705.    Location of Sexually-Oriented Businesses

SECTION 700. PURPOSES OF COMMERCIAL DISTRICTS

A. General Purposes

The Commercial Districts are designed to:
1. Achieve the commercial objectives of the Comprehensive Plan.

2. Meet the needs for commercial services and goods of the metropolitan area and trade area.

3. Preserve and promote the development of efficient, commercial facilities and encourage a compatible relationship between commercial facilities and other land uses and thoroughfares, by:

a. Differentiating the types and purposes of commercial activities.

b. Establishing bulk and area controls.

c. Requiring off-street loading and parking facilities.

d. Controlling the number, area, location, and types of signs.

e. Protecting the character of commercial districts and their peculiar suitability for commercial uses.

B. Purposes of the CS Shopping Center District

The CS District is designed to accommodate convenience, neighborhood, subcommunity, community, and regional shopping centers providing a wide range of retail and personal service uses.

C. Purposes of the CG General Commercial District

The CG District is designed to:

1. Accommodate existing development of mixed commercial uses which are well established, while providing a degree of protection to adjacent residential areas.

2. Accommodate the grouping of certain commercial and light industrial uses which are compatible with one another.

D. Purposes of the CH Commercial High Intensity District

The CH District is designed to accommodate high intensity commercial and related uses in areas designated High Intensity by the Comprehensive Plan.

E. Purposes of the CBD Central Business District

The purposes of the Central Business District are to:

1. Accommodate and encourage the most desirable, most productive, most intense use of land, without regard to the regulation of building height, floor area, land coverage or parking space requirements, within the central core area of the City designated by the Comprehensive Plan.

2. Encourage a diversity of high intensity uses which mutually benefit from close proximity to, and from the available services of, the high transportation carrying capacity afforded by the Inner Dispersal Loop.

3. Preserve and promote the public and private investment of the existing central core area.

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SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS

The principal uses permitted in the Commercial Districts are designated by use units. The use units are groupings of individual uses and are fully described, including their respective off-street parking, loading and screening requirements and other use conditions in Chapter 12. The use units permitted in Commercial Districts are set forth below in Table 1.

Table 1
Use Units Permitted in Commercial Districts*

Use Units		Districts
No.	Name	CS	CG	CH	CBD
1.	Area-Wide Uses	X	X	X	X
2.	Area-Wide Special Exception Uses	E	E	E	E
4.	Public Protection and Utility Facilities	X	X	X	X
5.	Community Services & Similar Uses	X	X	X	X
6.	Single-Family Dwelling	E	E	E	E
7.	Duplex Dwelling	E	E	E	E
7a.	Townhouse Dwelling	E	E	X	X
8.	Multifamily Dwelling and Similar Uses	E	E	X	X
9.	Manufactured Home Dwelling		E	E
10.	Off-Street Parking Areas	X	X	X	X
11.	Offices, Studios & Support Services	X	X	X	X
12.	Eating Establishments Other than Drive-Ins	X	X	X	X
12a.	Adult Entertainment Establishments	X**	X**	X**	X**
13.	Convenience Goods and Services	X	X	X	X
14.	Shopping Goods and Services	X	X	X	X
15.	Other Trades and Services	E	X	X	X
16.	Mini-Storage	E	X	X	X
17.	Automobile and Allied Activities	E	X**	X**	X**
18.	Drive-In Restaurants	E	X	X	X
19.	Hotel, Motel and Recreational Facilities	X	X	X	X
20.	Commercial Recreation, Intensive	E	E	E	E
21.	Business Signs and Outdoor Advertising	X†	X†	X†	X†
22.	Scientific Research and Development		E	X	X
23.	Warehousing and Wholesaling		E	X	X
25.	Light Manufacturing and Industry		E	E	E

*X = Use by Right

**X = Use Unit 12a. and auto body painting within Use Unit 17 uses require Board of Adjustment approval of a special exception if the lot containing either of these uses is within 150 feet of R zoned land, other than streets or freeways which are in R Districts.

†X = Use Unit 21 outdoor advertising signs shall only be permitted in a CS, CG, CH, or CBD zoning district when located within a freeway sign corridor.

E = Special Exception

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SECTION 702. ACCESSORY USES PERMITTED IN COMMERCIAL DISTRICTS

A. Accessory Uses Permitted

Accessory uses customarily incident to a principal use permitted in a commercial district are permitted in such district.

B. Accessory Use Conditions

1. Accessory buildings shall meet the minimum building setback lines of the applicable district.

2. An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building.

3. Signs in the commercial districts shall be subject to the use conditions of Use Unit 21.

SECTION 703. BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICTS

Table 2
Bulk and Area Requirements in the Commercial Districts

Districts
	CS	CG	CH	CBD
FRONTAGE (Minimum Feet)
Arterial or Freeway Service Road	150	100	NA	NA
Not an Arterial or Freeway Service Road	50	50	NA	NA
FLOOR AREA RATIO (Maximum)	.50	.75	NA	NA
BUILDING SETBACK FROM CENTERLINE OF ABUTTING STREET (Minimum Feet) Measured from centerline of abutting street; add to the distance designated in the column to the right, 1/2 of the right-of-way width designated on the Major Street Plan, or 25 feet if the street is not designated on the Major Street Plan:
Arterial or Freeway Service Road	50	50	0	0
Not an Arterial or Freeway Service Road	25	25	0	0
BUILDING SETBACK FROM ABUTTING R DISTRICT BOUNDARY LINES (Min. Ft.)	10*	10*	0	0
BUILDING HEIGHT (Maximum Feet)	NA	NA	NA	NA

*Plus 2 feet of setback for each 1-foot building height exceeding 15 feet, if the abutting property is within an RE, RS or RD District.

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SECTION 704. SPECIAL EXCEPTION USES IN COMMERCIAL DISTRICTS, REQUIREMENTS

The special exception uses permitted in commercial districts, as designated in Table 1, are subject to the minimum requirements set out below and such additional safeguards and conditions as may be imposed by the Board of Adjustment.

A. Multifamily use where permitted by special exception shall comply with the bulk and area requirements of the RM-2 District.

B. Except as provided above, all special exception uses shall comply with the bulk and area requirements of the use district in which located.

C. Drive-in restaurants where permitted by special exception are subject to the following requirements and conditions:

1. Eating establishments which encourage or permit substantial in-car on-premise consumption of food shall be permitted within commercial shopping districts only in such locations as will not interfere with or detrimentally affect any adjoining or nearby residential properties.

2. All lighting shall be directed toward the proposed drive-in facility and away from any neighboring Residential Districts. Area-wide loudspeakers or paging systems will not be allowed.

3. Traffic circulation shall be reviewed and approved by the Traffic Engineering Department, including the location of ingress and egress points.

4. The subject tract of land (proposed development site) shall have a minimum of 150 feet of frontage on a designated major arterial street.

D. Uses included within Use Units 15 and 20 where permitted by special exception are subject to the following requirements:

1. The permitted uses will not interfere with or detrimentally affect any adjoining or nearby residential properties.

2. Traffic circulation shall be reviewed and approved by the Traffic Engineering Department, including the location of ingress and egress points.

3. The subject tract of land (proposed development site) shall have either a minimum of 150 feet of frontage on a designated major arterial street or a minimum of 50 feet of frontage on a nonarterial street.

E. Special housing facilities in Use Unit 8 (Multifamily) shall meet applicable Use Conditions and Off-Street Parking and Loading Requirements as provided in Chapter 12.

F. Manufactured home development where permitted by special exception shall comply with the following bulk and area requirements:

1. The Manufactured Home Development:

Tract Area (Minimum.)	2 acres
Tract Width (Minimum.)	150 feet
Land Area Per Dwelling Unit (Minimum.)	4,300 sq. ft
Livability Space per Dwelling Unit (Minimum.)	200 sq. ft

Livability Space shall be provided in common areas of not less than 4,000 square feet, located so as to be conveniently accessible to the manufactured homes it is intended to serve.

Setback Abutting a Public Street: (Min.)

Measured from the centerline: add to the distance designated in the column to the right, 1/2 of the right-of-way width designated on Major Street Plan, or 25 feet, if not designated on Major Street Plan:
Abutting an Arterial or Freeway Service Road	35 feet
Not Abutting an Arterial or Freeway Service Road	25 feet

Setback from perimeter boundaries, except where abutting a public street	10 feet
Height (Maximum.)	One-Story
6' screening fence (Minimum) along entire boundary abutting an R District

2. Internal Requirements:

Minimum Private Street Surfacing Width	20 feet
Minimum Off-Street Paved Parking Spaces Per Unit	2
Manufactured Home Setback From Internal Private Street (Min.)	10 feet
Separation Between Manufactured Homes (Min.)	10 feet

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SECTION 705. LOCATION OF SEXUALLY-ORIENTED BUSINESSES

A. Definitions

1. As used in this section, the terms sexual conduct and specified anatomical areas shall mean as follows:

a. Sexual Conduct includes the following:

(1) The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;

(2) Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy;

(3) Masturbation; and

(4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.

b. Specified Anatomical Areas includes the following:

(1) Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola;

(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

2. For purposes of this Ordinance, the sexually-oriented businesses are defined as follows:

a. Adult Amusement or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to Sexual Conduct or Specified Anatomical Areas, as defined in this section, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.

b. Adult Bookstore: An establishment wherein 10% or more of its display area consists of books, films, videos, magazines, periodicals, games, novelties or other materials which are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas (referred to in this section as "sexually oriented materials").

Display Area as used herein shall be measured as follows:

For bookshelves, magazine racks and similar display devices, display area shall be calculated by multiplying the length times the width of such devices. If sexually oriented materials are mixed with non-sexually oriented materials in or on such devices, the entire device shall be considered as consisting of sexually oriented materials.

For table tops, counters, display cases and similar display devices, display area shall be calculated by multiplying the length times the width of each surface on which merchandise is displayed. If sexually oriented materials are mixed with non-sexually oriented materials on such surfaces, the entire surface shall be considered as consisting of sexually oriented materials.

For walls, display area shall be the area of the wall enclosed by the smallest imaginary rectangle which contains each item.

The display area of merchandise hanging or suspended from the ceiling shall be calculated by multiplying the item's length or width, whichever is longer, times the item's height.

c. Adult Mini Motion Picture Theater: An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas.

d. Adult Motel: A motel wherein material is presented, as part of the motel services, via closed circuit T.V. or otherwise, which is distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas.

e. Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas.

f. Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas.

g. Massage Parlor: Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with Sexual Conduct or where any person providing such treatment, manipulation or service related thereto exposes Specified Anatomical Areas.

h. Model Studio: Any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display Specific Anatomical Areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

i. Sexual Encounter Center: Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not to be limited to bath houses, massage parlors, and related or similar activities.

B. Prohibition

No person shall exercise supervisory control, manage, operate, cause the establishment or permit the establishment of any of the sexually-oriented businesses as defined in Section 705.A, in an area zoned other than CS, CG, CH, and/or CBD. In addition, no person shall exercise supervisory control, manage, operate, cause the establishment or permit the establishment of any of the sexually-oriented businesses, as defined in Section 705.A, within:

1. 1,000 feet from any other sexually-oriented business. The 1,000 feet shall be measured in a straight line from the nearest point of the wall of the portion of the building in which a sexually-oriented business is conducted, to the nearest point of the wall of the portion of the building in which another sexually-oriented business is conducted.

2. 1,000 feet from a church. Church as used herein shall mean all contiguous property owned or leased by a church upon which is located the principal church building or structure, irrespective of any interior lot lines. The 1,000 feet shall be measured in a straight line from the nearest point of the wall of the portion of the building in which a sexually-oriented business is conducted to the nearest point of the church. However, for a church use located in a building principally used for commercial or office purposes (as in a shopping center), the 1,000 feet shall be measured to the nearest building wall of the portion of the building used for church purposes.

3. 1,000 feet from a school of the type which offers a compulsory education curriculum. School as used herein shall mean all contiguous property owned or leased by a school upon which is located the principal school building(s) irrespective of any interior lot lines. The 1,000 feet shall be measured in a straight line from the nearest point of the wall of the portion of the building in which a sexually-oriented business is conducted to the nearest point of the school.

4. 1,000 feet from a public park or private park. The 1,000 feet shall be measured in a straight line from the nearest point of the wall of the portion of the building in which a sexually-oriented business is conducted to the nearest point on the property of the park.

5. 1,000 feet from areas zoned residential or from a habitable dwelling in an area zoned AG. The 1,000 feet shall be measured in a straight line from the nearest point of the wall of the portion of the building in which a sexually-oriented business is conducted, to the nearest point on a Residential Zoning District boundary line (not including residentially zoned expressway right-of-way) or to the nearest point of a wall of a habitable dwelling in an area zoned AG.

6. 1,000 feet from Use Unit 2 – Area-Wide Special Exception Uses and 5 – Community Services and Similar Uses caring for or often frequented by persons under 18 years of age. These uses include, but are not limited to, children’s preschools, children’s nurseries, children’s day camps, juvenile delinquency centers, children’s camp grounds, children’s group homes, children’s day care centers, libraries, museums, planetariums, and aquariums. The 1,000 feet shall be measured in a straight line from the nearest point of the wall of the portion of the building in which a sexually-oriented business is conducted to the nearest point on the property containing the use primarily caring for or predominately frequented by persons under 18 years of age.

Provided further that the Board of Adjustment may permit by Special Exception sexually-oriented businesses, as defined in Section 705.A in an IL, IM or IH District, subject to the distance limitations established in this section.

The establishment of a sexually-oriented business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion of an existing business location to any of the uses described in Section 705.A.

If a new church, school, park or protected Use Unit 2 or 5 use is established less than 1,000 feet from an existing lawful sexually oriented business, the spacing requirements of this section shall not apply as they relate to the new church, school, park or protected Use Unit 2 or 5 uses.

C. Periodic Review. Beginning March 15, 2008 and every four years thereafter, the administration shall cause a review to be conducted on the spacing requirements of sexually oriented businesses from other uses and propose any amendments necessary to preserve the interests protected by this section.

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