Chapter 17.44B-2 – GENERAL COMMERCIAL ZONE

Sections:

17.44.010 Purpose.

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17.44.020 Permitted uses.

17.44.025 Permitted uses – Indoor theaters, adult motion picture theaters, adult mini-motion picture theaters.

17.44.027 Permitted uses – Dance halls.

17.44.030 Dimensional standards.

17.44.040 Yards.

17.44.010 Purpose.

The purpose of this zone is to provide areas for large-site retail and wholesale business such as shopping centers for home, farm, construction, business, food and auto-related purchases. A main objective of this zone is to provide large site areas for commercial uses requiring ample room for building, parking and storage facilities. The density of the general commercial zone is much more dispersed than the retail core area, although permitted uses may overlap. [Ord. 1272 § 17-3-8, 1980.]

17.44.020 Permitted uses.

The following are permitted uses in the B-2 zone:

1. Amusement enterprises, billiards, pool, bowling, roller rinks, dance halls and outdoor and indoor theaters are a permitted use, subject to the restrictions and definitions contained in SMC 17.44.025 and 17.44.027;

2. Automobile service stations and/or repair garages;

3. Automobile, motorcycle, snowmobile, bicycle, boat and farm machinery sales lots, new and used accessory sales including service facilities when conducted entirely within an enclosed building;

4. Bakery shops and confectioneries;

5. Blueprinting and photostatting establishments;

6. Building supply outlets, retail and wholesale, to include lumber, paint, plumbing, electrical supplies and the like;

7. Car washing establishments;

8. Carpet cleaning establishments;

9. Clothing and furniture sales;

10. Clubs and other places of entertainment operated as commercial enterprises, subject to the restrictions and definitions contained in SMC 17.44.027;

11. Department and variety stores;

12. Drugstores;

13. Farm, feed, seed and fertilizer retail sales;

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14. Florists, retail;

15. Food stores (retail only): grocery, delicatessen, produce stands, meat and fish shops, and food processing for sale at retail on the premises, but excluding the killing and dressing of any flesh or fowl;

16. Grounds for game or sports, parks, country clubs, recreational and community center buildings, gymnasiums and other similar activities not operated for profit;

17. Hardware, appliances and electrical items, retail and wholesale sales only;

18. Hotels, motels and inns;

19. Locks and gunsmiths;

20. Music stores;

21. Nurseries, landscaping materials, retail and wholesale;

22. Office equipment and supplies, sales and service;

23. Pawnshops or secondhand stores;

24. Restaurants and drive-ins;

25. Sporting goods;

26. Tailors, dressmakers, milliners;

27. Upholstery, paperhanging and decorator shops;

28. Similar retail and service establishments dealing directly with the consumer;

29. Uses permitted in the P-B zone, SMC 17.36.020, other than residential uses, except as provided in SMC 17.64.020(W);

30. Those special property uses permitted in the B-2 zone as specified in SMC 17.64.020. [Ord. 2009-29 § 3, 2009; Ord. 1775 § 1, 1992; Ord. 1386 § 1, 1983; Ord. 1272 § 17-3-8.1, 1980.]

17.44.025 Permitted uses – Indoor theaters, adult motion picture theaters, adult mini-motion picture theaters.

Motion picture theaters; indoor theaters, are permitted uses in the B-2 zone unless they qualify therein as an adult motion picture theater.

A. Definitions.

1. “Theater” is defined as an enclosed building, or in the event of a multi-screened building, each individual screening room seating area with a 50 or more capacity, used for presenting material on a screen for presentation to patrons therein.

2. “Adult motion picture theaters” means an enclosed building or multi-screened enclosed building with each screened area constituting an individual theater with a seating capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined below) for the observation by patrons therein.

3. “Adult mini-motion picture theaters” means an enclosed building or multi-screened enclosed building with each screened area constituting an individual theater with a seating capacity of 50 or less persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined below) for the observation by patrons therein.

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4. “Specified sexual activities” is defined as:

a. Human genitals in a state of sexual stimulation or arousal;

b. Acts of human masturbation, sexual intercourse or sodomy;

c. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

5. “Specified anatomical areas” is defined as:

a. Less than completely and opaquely covered (i) human genitals, pubic region; (ii) buttock, and (iii) female breast below a point immediately above the top of the areola; and

b. Human genitals in a discernibly turgid state, even if completely and opaquely covered.

6. Motion pictures rated “R” by the Motion Picture Association shall not fall within the definitions of either subsection (A)(4) or (5) of this section.

B. Restrictions as to the location of adult motion picture theaters and adult mini-motion picture theaters within the B-2 zone:

1. Adult motion picture theaters or adult mini-motion picture theaters as defined herein may not be located within 1,000 feet of a school grounds, a church or other regulated use.

2. Such theaters, which are located within said B-2 zone, may not display ads which are visible to the public and which display examples of specified sexual activities or specified anatomical areas as defined in this section.

C. The owners of adult motion picture theaters or adult mini-motion picture theaters as defined herein may petition the Board of Adjustment for a variance to waive this 1,000-foot restriction and a variance or waiver may be granted by the Board of Adjustment if the Board finds:

1. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this section will be observed;

2. That a particular use will be lawful exercise of artistic expression;

3. That all applicable regulations of this section will be observed. [Ord. 1386 § 2, 1983.]

17.44.027 Permitted uses – Dance halls.

Dance halls, as defined in SMC 5.28.010, are permitted uses in the B-2 zone but may not be located within 1,000 feet from any area zoned R-1, R-1M, R-2, R-3, M-H or other residential zoning district hereafter adopted; provided, however, that this restriction shall not apply to any use made exempt pursuant to SMC 5.28.010(F). [Ord. 2010-28 § 5, 2010; Ord. 2009-29 § 4, 2009.]

17.44.030 Dimensional standards.

The dimensional standards in the B-2 zone are:

A. Minimum lot area: none;

B. Minimum lot width: none;

C. Maximum building height: 45 feet;

D. Maximum land coverage: no limitation;

E. Minimum floor area: none. [Ord. 1272 § 17-3-8.2, 1980.]

17.44.040 Yards.

There is no required yard area. [Ord. 1272 § 17-3-8.3, 1980.]

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