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A. District Purpose. The purpose of the Elmwood Commercial (C-E) district is to:

1. Implement the General Plan’s designation for a community commercial district in this area;

2. Maintain a scale and balance of retail goods and services in the district to compatibly serve the everyday needs of surrounding neighborhoods by:

(a) Providing locations for retail goods and service establishments to serve surrounding neighborhoods;

(b) Preventing development which exceeds the amount and intensity of use that is compatible with adjacent residential neighborhoods;

(c) Limiting the space occupied by businesses that generate high traffic and/or parking demands;

(d) Controlling the proliferation of establishments which, if not limited, might expand to displace establishments needed to serve surrounding neighborhoods; and

(e) Permitting other uses which serve this objective; and

3. Ensure that new buildings, alterations, and additions to existing buildings harmonize with their surroundings.

B. Land Use Regulations.

1. Allowed Land Uses. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Numerical and Size Limitations.

(a) Table 23.204-20 shows land uses subject to numerical and size limitations in the C-E district.

Table 23.204-20. C-E LAND USE NUMBER AND SIZE LIMITATIONS

USE

NUMBER LIMIT

MAXIMUM SIZE

PERMIT REQUIRED

Art/Craft Shops, Gift/Novelty Shops, Jewelry/Watch Shops

No limit

1,500 sq. ft.

ZC

Bookstores, Periodical Stands

No limit

2,000 sq. ft.

ZC

Food Service Establishments [1]

25 total

No max.

AUP

Photocopy Stores, Printing, Fax, Magnetic Disk Reproduction Services

No limit

1,000 sq. ft.

ZC

Notes:

[1]Excludes food service uses accessory to a food product store. Secondary food service uses associated with all other principal uses are subject to limitations in Table 23.204-20.

[2]Change of use of over 3,000 square feet requires Use Permit.

(b) The ZAB may allow a use to exceed the limitations in Table 23.204-20 with a Use Permit upon finding that:

i. The use will result in the positive enhancement of the purposes of the district; and

ii. The use is likely to experience substantial patronage by surrounding residents as indicated by neighborhood resident support, merchant support, marketing surveys, or other information.

3. Incidental Wholesale Activities. In the C-E district, wholesale activities incidental to a primary use require permits as follows:

(a) Six or fewer employees: Zoning Certificate.

(b) Seven or more employees: AUP.

(c) New construction: Use Permit.

C. Additional Permit Requirements. See Section 23.204.030 (Additional Permit Requirements).

D. Development Standards.

1. Basic Standards. See Table 23.204-21: C-E Development Standards. For residential-only projects, also see Table 23.204-22: C-E Setback and Building Separation Standards for Residential-Only Uses and Table 23.204-23: C-E Lot Coverage Standards for Residential-Only Uses.

Table 23.204-21. C-E DEVELOPMENT STANDARDS

Project Land Use

Supplemental Standards

Non-Residential and Mixed Use

Residential Only

Lot Area, Minimum

No minimum

5,000 sq. ft.

23.304.020--Lot Requirements

New Lots

No minimum

5,000 sq. ft.

Per Group Living Accommodation Resident

350 sq. ft. [1]

Usable Open Space

23.304.090--Usable Open Space

Per Dwelling Unit

200 sq. ft. [2]

Per Group Living Accommodation Resident

90 sq. ft.[2]

Floor Area Ratio, Maximum

Corner Lot

1.0

No maximum

All Other Lot

0.8

Main Building Height, Minimum

No minimum

No minimum

Main Building Height, Maximum

28 ft. and 2 stories [3]

35 ft. and 3 stories

Lot Line Setbacks, Minimum

23.304.030--Setbacks

Abutting/Confronting a Non-residential District

No minimum

See Table 23.204-22

Abutting/Confronting a Residential District

See Table 23.304-3

Building Separation, Minimum

No minimum

See Table 23.204-22

Lot Coverage, Maximum

100%

See Table 23.204-23

23.304.120--Lot Coverage

Notes:

[1]One additional resident is allowed for remaining lot area between 200 and 350 square feet.

[2]Open space requirements for mixed use projects may be modified by the ZAB. See 23.204.080.D.3

[3]A basement level devoted exclusively to parking is not counted as a story.

Table 23.204-22. C-E SETBACK AND BUILDING SEPARATION STANDARDS FOR RESIDENTIAL-ONLY USES

STANDARDS BY BUILDING STORY

SUPPLEMENTAL STANDARDS

1ST

2ND

3RD

Lot Line Setbacks, Minimum

23.304.030--Setbacks

Front

15 ft.

15 ft.

15 ft.

Rear

15 ft.

15 ft.

15 ft.

Interior

4 ft.

4 ft.

6 ft.

Street Side

6 ft.

8 ft.

10 ft.

Building Separation, Minimum

8 ft.

12 ft.

16 ft.

23.304.040--Building Separation in Residential Districts

Table 23.204-23. C-E LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES

STANDARD BASED ON BUILDING HEIGHT

SUPPLEMENTAL STANDARDS

1 STORY

2 STORIES

3 STORIES

Lot Coverage, Maximum

23.304.120--Lot Coverage

Interior and Through Lots

45%

45%

40%

Corner Lots

50%

50%

45%

2. Lots Abutting or Confronting a Residential District. See 23.304.130 (Non-residential Districts Abutting a Residential District) for additional building feature requirements for lots that abut or confront a Residential District.

3. Modifications to Standards--Mixed Use Open Space. The ZAB may modify the usable open space requirement shown in Table 23.204-21 for mixed-use projects by finding that the modification achieves one or more of the following:

(a) The modification encourages and maintains the present street frontage and pedestrian orientation of the district.

(b) The modification is compatible in design and character with the commercial district and the adjacent residential neighborhoods.

(c) The modification is compatible with the purposes set forth in Section 23.204.080.A (District Purpose) and the existing character of the district.

4. Ground Floor Residential Uses. A ground floor residential use must be setback at least 20 feet from a property line along College or Ashby Avenue.

5. Projections into Right-of-Way.

(a) Bay windows and balconies 11 feet or more above the sidewalk grade may project 3 feet into a street right-of-way.

(b) A maximum 60 percent of the length of a building frontage may project beyond the property line.

(c) All projections require a revocable encroachment permit from the City Council.

E. Permit Findings. To approve an AUP or Use Permit for a project in the C-E district, the review authority must make the findings in Section 23.406.040 (Use Permits) and find the following:

1. The proposed use or structure will:

(a) Encourage and maintain the present street frontage and pedestrian orientation of the district;

(b) Be compatible in design and character with the commercial district and the adjacent residential neighborhoods; and

(c) Be compatible with the purposes set forth in Section 23.204.080.A (District Purpose) and the existing character of the district.

2. The proposed use or structure will not:

(a) Interfere with the continuity of retail or compatible service facilities at the ground level;

(b) Interrupt a continuous wall of building facades;

(c) Generate traffic and parking demand beyond the capacity of the commercial district or significantly increase impacts on adjacent residential neighborhoods;

(d) Result in domination of this district by one type of use; and

(e) Generate objectionable odors nor excessive levels of noise. (Ord. 7850-NS § 15, 2023; Ord. 7835-NS § 2, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)