Chapter 16.20 COMMERCIAL DISTRICTS

§ 16.20.010 Purpose and intent.

The general plan outlines goals, objectives, and policies regarding the character and location of commercial uses and development within the city. It is the purpose of this chapter to provide regulations which implement those goals, objectives and policies, and which assure the availability of commercial uses within the city. Commercial districts should be conveniently located, efficient, attractive, and designed in a manner which ensures safe and convenient commercial activity, in order to serve the retail and service commercial needs of Highland residents and businesses.

It is the further intent of the regulations contained in this chapter:

To provide appropriately located areas for retail stores, service establishments, and commercial commodities and services required by residents of the city and the surrounding market area;

To encourage the concentration of commercial and office uses for the convenience of the public, and to secure mutually beneficial relationships to one another;

To provide adequate space to meet the needs of modern commercial development, including off-street parking and loading areas;

To minimize traffic congestion and to avoid the overloading of utilities by regulating the construction of buildings of excessive size relative to the land uses in the city;

To protect commercial properties from noise, odor, smoke, unsightliness, and other objectionable influences incidental to industrial uses; and

To promote high standards of site planning, architecture and landscape design for commercial developments within the city.

(Ord. 171 § 5.10, 1994)

§ 16.20.020 Commercial development districts.

General Commercial (CG). The primary purpose of the General Commercial (CG) District is to provide sites for commercial uses which serve a large segment of the population with a wide variety of retail, wholesale, service, and office uses.

Neighborhood Commercial District (NC). The primary purpose of the Neighborhood Commercial (NC) District is to satisfy the daily shopping needs of Highland residents by providing for a wide range of common retail and personal services in a centralized location. This district encourages the construction of conveniently located neighborhood centers which provide for limited retail and service commercial uses in a manner which is compatible with the surrounding residential neighborhood.

Planned Commercial (PC). The primary purpose of the Planned Commercial (PC) District is to provide a means for the development of mixed use commercial/office projects which recognize and accommodate site-specific constraints.

Village Commercial (VC). The general plan outlines the goals, objectives and policies establishing the character and location of the Village Commercial District. It is the purpose of this section to provide regulations which implement those goals, objectives and policies which assure the preservation of the character and vitality of the original Highland townsite.

The provisions of this chapter are intended to ensure that the limited commercial- and office-related development permitted within the Village Commercial District respects the historic significance of the townsite by requiring that all proposed buildings and structures reflect the townsite's architectural theme and are compatible with the surrounding residential community, as described in the general plan land use and community design elements.

(Ord. 171 § 5.20, 1994; Ord. 307 § 25, 2006)

§ 16.20.030 Commercial use regulations.

Identified on Table 16.20.030.A are those land uses or activities which may be permitted in each of the commercial districts, subject to the provisions of this chapter, this title, and applicable general plan policies, and those land uses and activities which are not permitted. Table 16.20.030.A also indicates the development procedure and the approval type by which each listed land use or activity may be permitted in each of the commercial zone districts.

Where the symbol "▪" appears in the column beneath a commercial zone district, the corresponding land use or activity is not permitted in the zone district.

Where the symbol "SR" appears in the column beneath a commercial zone designation, the corresponding land use or activity may be permitted subject to the approval of a staff review permit application as provided for in Chapter 16.08 HMC.

Where the symbol "C" appears in the column beneath a commercial zone designation, the corresponding land use or activity may be permitted subject to the approval of a conditional use permit application as provided for in Chapter 16.08 HMC.

Table 16.20.030.A Uses Permitted Within Commercial Districts
Use	CG	NC	PC	VC
A. Office and related uses
1. Administrative and executive offices	SR	▪	SR	SR
2. Artist and photographic studios, not including the sale of equipment or supplies	SR	SR	SR	SR
3. Artist and photographic studios, including the sale of equipment or supplies	SR	SR	SR	SR
4. Clerical and professional offices	SR	SR	SR	SR
5. Financial services and institutions	SR	SR	SR	SR
6. Medical, dental and related health services for humans, including laboratories, clinics, and the sale of articles clearly incidental to the services provided	SR	SR	SR	SR
7. Prescription pharmacies, when located within a building containing the offices of medical practitioners	SR	SR	SR	SR
B. Commercial uses
1. Agricultural	SR	SR	SR	SR
2. Adult entertainment (subject to Chapter 16.72 HMC)	SR	▪	SR	▪
3. Ambulance service	C	▪	▪	▪
4. Antique shops	SR	SR	SR	SR
5. Apparel stores (sales)	SR	SR	SR	SR
6. Art, music, dance, studios, photographic studios and supply stores	SR	SR	SR	SR
7. Appliance stores and repair, large appliances	SR	▪	SR	▪
8. Appliance stores and repair, small appliances	SR	SR	SR	SR
9. Arcades	C	C	▪	▪
10. Athletic and health clubs	SR	C	SR	C
11. Auto repair, major (engine overhaul)	C	▪	C	▪
12. Auto repair, minor	SR	SR	SR	SR
13. Auto supply store	SR	SR	SR	SR
14. Automotive washing (full-service)	SR	C	SR	▪
15. Automotive washing (self-service)	SR	C	SR	▪
16. Auction houses	C	▪	▪	▪
17. Automotive rental agencies (excluding outdoor storage)	SR	▪	SR	▪
18. Automotive – paint and body (major engine overhaul)	C	▪	C	▪
19. Automotive and light truck sales/minor repair	C	▪	C	▪
20. Auto sales (major repair)	C	▪	C	▪
21. Bail bond services	SR	▪	▪	▪
22. Bakeries (retail)	SR	SR	SR	SR
23. Barber and beauty shops	SR	SR	SR	SR
24. Bicycle shops (nonmotorized)	SR	SR	SR	SR
25. Blueprint and photocopy services	SR	▪	SR	SR
26. Boat and camper (sales only)	SR	▪	▪	▪
27. Book, gift, and stationery stores	SR	SR	SR	SR
28. Building materials sales (masonry, sand, gravel)	SR	▪	SR	▪
29. Camera shops	SR	SR	SR	SR
30. Candle shops	SR	SR	SR	SR
31. Candy stores and confectioneries	SR	SR	SR	SR
32. Catering establishments	SR	SR	SR	SR
33. Cemetery (human)	C	▪	C	▪
34. Check cashing	C	▪	▪	▪
35. Cleaning and pressing establishments	SR	SR	SR	SR
36. Clothing and costume rental	SR	SR	SR	SR
37. Cocktail lounges/bars, including upgrading an existing ABC license (e.g., beer and wine to a hard liquor license)	C	▪	C	C
38. Communication and telecommunication facilities (radio and television, not including wireless telecommunication facilities)	C	C	C	C
39. Commercial recreational facilities (indoor)	SR	C	SR	C
40. Commercial recreational facilities (outdoor)	C	C	C	C
41. Convenience stores (including alcohol sales)	C	C	C	C
42. Convenience stores (no alcohol sales)	SR	SR	SR	SR
43. Dairy products stores	SR	SR	▪	SR
44. Department stores	SR	▪	SR	▪
45. Drapery and decorating shops	SR	▪	SR	SR
46. Dress-making shops	SR	SR	SR	SR
47. Driving schools	SR	▪	C	▪
48. Drugstores/pharmacies	SR	SR	SR	SR
49. Electronic coin-operated games (operated for compensation) – less than five games	SR	SR	SR	▪
50. Extreme value retail	C	C	C	C
51. Fast food restaurants	C	C	C	C
52. All other drive-in/-thru businesses including theaters	C	C	C	▪
53. Feed tack stores	SR	C	▪	SR
54. Fixed price retail	C	C	C	C
55. Floral shops	SR	SR	SR	SR
56. Food stores and supermarkets	SR	SR	SR	SR
57. Floor covering stores (may include incidental repair)	SR	▪	SR	SR
58. Furniture stores, repair and upholstery	SR	▪	SR	SR
59. General retail stores	SR	SR	SR	SR
60. Hardware stores	SR	SR	SR	SR
61. Hobby shops	SR	SR	SR	SR
62. Home improvement (indoor)	SR	C	SR	▪
63. Home improvement (outdoor)	C	▪	SR	▪
64. Hotels and motels	SR	▪	SR	C
65. Ice machines	SR	SR	▪	SR
66. Insurance services	SR	SR	SR	SR
67. Investigation services	SR	▪	SR	SR
68. Janitorial services and supplies	SR	SR	▪	SR
69. Jewelry stores	SR	SR	SR	SR
70. Kiosks (parking lot film processing and key shops)	SR	SR	SR	SR
71. Laundry pick-up and delivery agencies and self-service laundries (includes diaper service)	SR	SR	▪	SR
72. Liquor stores	C	C	C	C
73. Massage establishments	C	▪¹	C	C
74. Mortgage services	SR	SR	SR	SR
75. Motorcycle shops (sales and service)	SR	▪	SR	▪
76. Locksmith shops	SR	SR	SR	SR
77. Meat markets	SR	SR	▪	C
78. Mortuaries	C	C	C	C
79. Music stores	SR	SR	SR	SR
80. Newspaper and magazine stores	SR	SR	SR	SR
81. Mini-storage (for public use)	C	▪	C	▪
82. Miniature golf courses	SR	▪	SR	▪
83. Nurseries and garden supply stores (provided all equipment and supplies are kept within a building or fenced enclosed area)	SR	SR	SR	SR
84. Odd-lot/close-out retail	C	C	C	C
85. Office and business machines stores	SR	SR	SR	C
86. Paint stores	SR	▪	SR	SR
87. Parking facilities (off-site)	SR	▪	C	C
88. Pet shops	SR	SR	SR	SR
89. Political or philanthropic headquarters	SR	SR	SR	SR
90. Pottery sales	SR	▪	SR	SR
91. Printing and copy shops (other than newspaper)	SR	SR	SR	SR
92. Recycling collection facilities: reverse vending machines, small collection facilities (refer to HMC § 16.44.170)	SR	SR	▪	▪
93. Plumbing shops and supplies	SR	▪	SR	SR
94. Real estate services	SR	SR	SR	SR
95. Restaurants other than fast foods:
a. With entertainment and/or serving alcoholic beverages, including upgrading an existing ABC license (e.g., beer and wine to a hard liquor license)	C	C	C	C
b. Without entertainment and/or serving alcoholic beverages	SR	SR	SR	SR
96. Shopping centers	C	C	C	C
97. Shoe stores (repairs)	SR	SR	SR	SR
98. Secondhand stores/pawn shops	SR	▪	▪	SR
99. Sporting goods stores	SR	SR	SR	SR
100. Shoe stores (sales)	SR	SR	SR	SR
101. Stamp and coin shops	SR	SR	SR	SR
102. Stationery stores	SR	SR	SR	SR
103. Statue shops	SR	▪	SR	SR
104. Sign painting shops within completely enclosed buildings	C	▪	SR	SR
105. Surveying services	SR	▪	SR	SR
106. Swimming pool supplies	SR	▪	SR	SR
107. Swimming pool sales/service, outdoor display	SR	▪	▪	▪
108. Telegraph offices	C	▪	▪	▪
109. Tailor shops	SR	SR	SR	SR
110. Taxidermists (no processing)	SR	▪	SR	SR
111. Television (radio sales and repair)	SR	SR	SR	SR
112. Theaters, including both motion picture and live performing arts (excludes open air)	C	▪	C	C
113. Tire sales and service	SR	▪	SR	▪
114. Toy stores	SR	SR	SR	SR
115. Transportation facilities	C	C	C	C
116. Travel agencies	SR	SR	SR	SR
117. Trophy store	SR	SR	SR	SR
118. Upholstering shops (automotive)	SR	▪	SR	▪
119. Variety stores	SR	SR	SR	SR
120. Vehicle fueling stations (automotive, without convenience sales)	C	C	C	C
121. Vehicle fueling stations (automotive, with convenience store, with or without alcoholic beverage sales)	C	C	C	C
122. Veterinary offices and animal hospitals including exterior kennels, pens or runs	C	▪	C	C
123. Veterinary offices and animal hospitals excluding exterior kennels, pens or runs	SR	SR	SR	SR
124. Wall covering store	SR	▪	SR	SR
125. Weight reduction center	SR	SR	SR	SR
126. Wireless telecommunication facility
a. Major	C	C	C	C
b. Minor	SR	SR	SR	SR
C. Public and quasi-public uses
1. Auditoriums	C	▪	C	▪
2. Day nurseries, nursery schools, and child care facilities in CG (General Commercial District), subject to a conditional use permit	▪	C	C	C
3. Hospitals	C	▪	C	C
4. Convalescent homes	C	C	C	C
5. Convention halls, trade shows, exhibit buildings with incidental food service	C	▪	C	▪
6. Community facilities and religious institutions	C	C	C	C
7. Clubs, lodges, fraternities and sororities	C	C	C	C
8. Communication and telecommunication facilities (not including radio and television)	C	C	C	C
9. Educational institutions (including public or private vocational schools)	C	C	C	C
10. Fire and police stations	SR	SR	SR	SR
11. Public administration buildings and civic centers	SR	SR	SR	SR
12. Public libraries and museums	SR	SR	SR	SR
13. Public parks and recreation facilities (public or private)	SR	SR	SR	SR
14. Public utilities and public service substations, reservoirs, pumping plants and similar installations not including public utility offices	SR	SR	SR	C
15. Residential care facilities (per state law)	C	C	C	C
16. Post offices	SR	SR	SR	SR
17. Public utility services offices	SR	C	SR	SR
D. Residential mixed uses
1. Attached mixed use structures (per Chapter 16.22 HMC)			C
E. Accessory uses
1. Accessory structures and uses located on the same site as a permitted use subject to issuance of a department review permit	SR	SR	SR	SR
2. Accessory structures and uses located on the site as a conditional use	C	C	C	C
F. Temporary uses

¹ Massage services may be performed in a beauty shop, nail salon, or day spa where massage services account for less than 30 percent of the gross square footage of the business and when conducted in accordance with the requirements of Chapter 5.16 HMC.

(Ord. 171 § 5.30, 1994; Ord. 194 § 2, 1995; Ord. 205 § 7, 1996; Ord. 213 § 6, 1996; Ord. 267 § 4, 2001; Ord. 307 §§ 26, 27, 2006; Ord. 373 § 4, 2013; Ord. 394 § 16, 2014; Ord. 427 § 6, 2018; Ord. 456 § 4, 2022)

§ 16.20.040 Commercial site development standards.

General Requirements. Table 16.20.040.A describes the minimum site development standards applicable to proposed and existing development in all commercial zone districts, excluding the Planned Commercial Zone District. All commercial development shall conform to the standards established in this section. Within the Planned Commercial District, such development standards shall be established by the planning commission, based on site-specific constraints affecting the designated parcels.

A development or commercial center may, for purposes of meeting the minimum site size standards, consist of a combination of parcels whose total net acreage meets the minimum site size criteria; provided, that the design for the entire site is integrated and unified.

In addition to the minimum standards established in Table 16.20.040.A, developments within the commercial districts shall also comply with the special requirements contained in subsection B of this section, Chapter 16.48 HMC, Performance Standards, other applicable city ordinances, and the city general plan.

Table 16.20.040.A Commercial Site Development Minimum Standards
Requirement	CG	NC	PC	VC
A. Minimum site area (net)	1 AC¹	10 K²	NA	5 K
B. Minimum site width, in feet	150	80	NA	50
C. Minimum site depth, in feet	175	100	NA	80
D. Front building setback, in feet³	20	20	NA	20
E. Side street building setback area, street sides, in feet³	20	20	NA	20
F. Maximum floor area ratio	0.50	0.50	Varies⁴	0.50
G. Building height, in feet, maximum	60	35	NA	35

1. The term "AC" means acre or acres.

2. The term "K" means thousands of square feet.

3. Measured from property line after dedications for public rights-of-way.

4. Land use intensity and floor area ratio are dependent upon general plan provisions, transitions to adjacent land uses, and are subject to development review.

Special Requirements.

Wherever a single-story commercial use in any commercial zone district abuts a lot in any residential zone district, a landscaped setback, equal to the commercial building height, shall be required, to a maximum of 30 feet. Where vehicular access is provided along the district boundary, a minimum of 20 feet nearest the district boundary line shall be landscaped.

Where a commercial use abuts any residential district, no two-story building shall be constructed within 40 feet of said residential district without issuance of a conditional use permit.

Where off-street parking areas in commercial districts are situated so as to be visible from any street, screening in the form of a three-foot high landscaped earthen berm or decorative wall three feet in height shall be erected between the required landscape area and the parking area.

In commercial districts, the required front and street side building setback areas shall be landscaped, except where necessary walks and drives are provided. Where off-street parking is located within such building setback areas, a minimum landscaped area 10 feet in depth shall be provided between the property line and said off-street parking area, with an additional minimum landscaped area of 10 feet in depth required between said parking area and the building.

Except as otherwise permitted, a street side building setback area in a commercial district shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.

Except as otherwise permitted, required rear and interior side building setback areas in any commercial district shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, and similar accessory activities.

In all commercial districts, no external security bars shall be permitted on structures.

Parking for each use shall comply with the provisions of Chapter 16.52 HMC.

Exceptions.

On legal lots of record existing prior to the date of adoption of the ordinance codified in this title, which comply with the provisions of this title and with all land use regulations existing prior to the adoption of the ordinance codified in this title, and which contain less than the required minimum depths, shall provide a front building setback or landscaping which is at least equal to 20 percent of the depth of the property (excluding right-of-way area).

The creation of new lots within these districts shall conform to these minimum dimensions, except in the case of condominium lots or lots within a shopping center, in which case no minimums are established.

Parcels created within shopping centers are exempt from the site development standards stated herein, as they relate to minimum site areas, and minimum lot width and depth, as long as a conceptual development plan for the entire center has been approved, and if appropriate easements for reciprocal access parking and maintenance are provided.

Repealed by Ord. 344.

(Ord. 171 § 5.40, 1994; Ord. 243 § 4, 1999; Ord. 307 §§ 28, 29, 2006; Ord. 344 § 3, 2009)