Chapter 17.40 — C-3 COMMERCIAL ZONE (CENTRAL BUSINESS)

The C-3 zone is intended to serve as the central trading area of the city. (1964 Code Appx. A § 7.30)

Buildings, structures and land shall be used, and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following uses, plus such other uses as the commission and council may deem (pursuant to Chapter 17.60 CMC) to be similar and not more obnoxious or detrimental to the public health, safety and welfare, and related to the functioning of a central business district. All uses shall be subject to the property development standards in CMC § 17.40.050 through 17.40.200 :

• A. Those uses permitted in the C-2 zone, except as otherwise provided in CMC § 17.40.040 ;

• B. Retail stores, sales and services:

Advertising agencies;

Aerial photograph and survey service;

Art gallery, show and studio; Auto rental; Awning sales; Barber and/or beauty shop; Blueprinting and photocopying; Catering service, food; Department store; Employment agency; Garage, public; Garden supply and tools; Gunsmith; Playground equipment sales and service; Plumbing supply, retail; Restaurant; Taxi; Taxidermist;

Tire sales, no retreading or vulcanizing;

• C. Other:

Apartment hotels;

Lodges and meeting halls;

Museums; Printing and publishing;

Public and/or private dancing;

Telegraph office;

Theater, theatrical and motion picture.

(Ord. 19-01 § 18, 2019; Ord. 18-05 § 6(a), 2018; Ord. 17-14 § 6(a), 2017; Ord. 97-1813 § 6, 1997; Ord. 93-1748 § 4, 1993; Ord. 1678 § 1, 1988; Ord. 1549 § 1, 1983; Ord. 1535 §§ 8, 9, 1983; Ord. 1495 § 1(a), 1981; Ord. 1438 § 4, 1979; 1964 Code Appx. A § 7.31)

The following uses may be permitted subject to a conditional use permit as provided for in Chapter 17.62 CMC:

Auditorium;

Automobile towing in conjunction with a permitted service station;

Billiard parlor;

Cannabis retailers that comply with the requirements set forth in Chapter 17.84 CMC;

Conversion of residential buildings to nonresidential uses subject to CMC § 17.76.010 through 17.76.040 ;

Educational or health activities including private schools, trade schools and health spas;

Electrical or mechanical games as an ancillary use; more than three such games;

Hotels;

Liquor, off-sale, subject to the provisions of CMC § 17.62.026 ;

Liquor, on-sale, in conjunction with a bona fide eating establishment;

Shared-space commercial establishment;

Thrift shops, secondhand and used merchandise stores.

(Ord. 23-01 § 8, 2023; Ord. 19-01 §§ 19, 20, 2019; Ord. 18-05 § 6(a), 2018; Ord. 17-14 § 6(a), 2017; Ord. 11-1997 § 9, 2011; Ord. 93-1748 § 5, 1993; Ord. 91-1730 § 1(E), 1991; Ord. 1678 § 1, 1988; Ord. 1642 § 5, 1987; Ord. 1535 § 10, 1983; Ord. 1507 § 5, 1981; Ord. 1495 § 1(b), 1981; Ord. 1438 § 5, 1979; Ord. 1386 § 4, 1978; 1964 Code Appx. A § 7.32)

The following uses are expressly prohibited in the C-3 zone:

• A. Residential uses, except as otherwise provided herein;

• B. Any combination of residential and nonresidential uses in any building or structure or on any lot;

• C. Trailer parks;

• D. Industrial uses;

• E. Automobile service stations;

• F. Wholesaling and warehousing;

• G. Commercial uses other than those specifically listed or provided for in CMC § 17.40.020 and 17.40.030 ;

• H. Multi-tenant retail arcades;

• I. Massage establishment.

(Ord. 19-01 § 21, 2019; Ord. 97-1813 § 6, 1997; Ord. 92-1736 § 2(D), 1992; Ord. 1438 § 6, 1979; 1964 Code Appx. A § 7.33)

The property development standards contained in CMC § 17.40.060 through 17.40.200 shall apply to all land and buildings in the C-3 zone. (1964 Code Appx. A § 7.34)

There are no lot area provisions for the C-3 zone. (1964 Code Appx. A § 7.34)

There are no provisions on this subject for the C-3 zone. (1964 Code Appx. A § 7.34)

There are no population density provisions for this zone. (1964 Code Appx. A § 7.34)

No building or structure erected in this zone shall have a height greater than 75 feet except by conditional use permit. (1964 Code Appx. A § 7.34)

The provisions of the C-P zone, CMC § 17.34.100 , shall apply. (1964 Code Appx. A § 7.34)

Yards shall be measured perpendicular to the property line or from the future right-of-way line as established by the general plan for an existing right-of-way.

When the C-3 zone abuts residentially zoned properties there shall be a yard of not less than 25 feet abutting the zone boundary, except where the C-3 zone abuts a public park no yard shall be required. The required yard may be used for parking, loading, access or storage, provided items are not stored higher than the required wall. A solid masonry wall, not less than five feet nor more than six feet in height, shall be erected on the zone boundary line. (1964 Code Appx. A § 7.34)

There are no provisions on this subject for the C-3 zone. (1964 Code Appx. A § 7.34)

Where the C-3 zone abuts a residential zone, a solid masonry wall not less than five feet nor more than six feet in height shall be erected on the zone boundary, if there is no building on the line. Walls shall conform to corner cutback provisions of the C-P zone, CMC § 17.34.160 and 17.34.170 . (1964 Code Appx. A § 7.34)

All outdoor storage areas abutting residentially zoned property shall be enclosed by a building wall or by a solid fence or wall not less than five feet nor more than six feet in height. (1964 Code Appx. A § 7.34)

For corner cutback and permitted fences, hedges and walls, the provisions of the C-P zone, CMC § 17.34.160 and 17.34.170 , shall apply. (1964 Code Appx. A § 7.34)

The provisions of CMC § 17.72.010 through 17.72.120 shall apply. (1964 Code Appx. A § 7.34)

There shall be adequate vehicular access to off-street parking facilities from a dedicated street, service road or alley. The design of the access shall conform to all standards and specifications of the city.

(1964 Code Appx. A § 7.34)

The provisions of Chapter 17.74 CMC shall apply. (1964 Code Appx. A § 7.34)

• A. Freestanding and Monument Signs.

  1. Each regional or community shopping center, containing four or more establishments having a lot frontage in excess of 150 feet, shall be permitted one freestanding sign per center. Such sign shall not be located closer than 150 feet from any other freestanding sign on the same side of the street and shall not exceed 100 square feet per face nor an overall height of 30 feet.

  2. Each property having a lot frontage less than 150 feet but more than 45 feet shall be permitted one monument sign. Such sign shall not be closer than 50 feet from any other sign on the same side of the street and shall not exceed an area of 20 square feet per face nor an overall height of six feet.

• B. Each business shall be allowed one sign per occupancy frontage when mounted flat against the building, or one projecting sign. The overall area devoted to signs may not exceed 15 percent of the area of the first story height of the building. Each side of a projecting sign shall be included in the maximum overall area allowed.

• C. Each business shall be permitted one pedestrian-oriented sign per entrance, to be mounted flat against the building or suspended from an overhanging architectural feature which is an integral part of the building. Such sign shall not exceed six square feet per face.

• D. When the building rears onto a public alley or parking lot with a public entrance directly serving the area, an additional sign may be erected at that entrance. The area devoted to such sign

shall not exceed 10 percent of the rear face of the building to the first story height, and such sign must be mounted flat against the building.

• E. Each business shall be permitted two window signs per occupancy. Such signs shall not exceed 20 percent of the window space in which they are displayed. Each sign shall be of a permanent nature and not painted, pasted, taped nor affixed in any way to the window surface, except as allowed by CMC § 17.74.020 .

• F. Each regional or community shopping center containing four or more establishments shall require a sign program approved by the director prior to installation.

• G. For purposes of this section, the terms "community shopping center" and "regional shopping center" shall be as defined in CMC § 17.42.010 .

• (Ord. 22-02 § 4, 2022; 1964 Code Appx. A § 7.34)

The provisions of CMC § 17.72.130 and 17.72.140 shall apply. (1964 Code Appx. A § 7.34)

The provisions of Chapter 17.64 CMC shall apply. (1964 Code Appx. A § 7.35)