§ 5.2. Land uses by lot type.

Where the letter "P" is shown in the table, the land use is permitted-by-right for the lot type. Where the letter "S" is shown in the table, the land use is permitted only through a special use permit.

Exception: The "small box retail/drive through" building/lot type is a use which can only be placed in the mixed use commercial development district and can only be so placed after a determination has been made by staff that all requirements of this section as well as section 3.1.3E and section 3.4.5.2. Only the following uses shall be allowed for a drive through or small box retail building (as defined in section 3.1.3E utility drive through building/lot type) in mixed use commercial (NAICS Code in parens):

• Limited-service (fast food) restaurants and snack and nonalcoholic beverage bars (722513 and 722515).

• Commercial banking, savings, and credit unions (5221).

• Gasoline stations (with or without convenience stores) (44711, 44719).

• Pharmacies and drug stores (44611).

These uses must be comprised of 10,000 square feet or less of gross interior area and 1.5 acres or less of lot or site size. A "site" shall include adjoining lots or land parcels that serve as ancillary or accessory to the generating use. For example, a parking lot on a separate lot to serve an adjacent restaurant.

As part of the review process, staff will also determine the NAICS Land Use Code assigned to this building/lot type. For example, staff would assign NAICS Code 44711 to a "gasoline station with convenience store." Changes or additions in assigned land uses require application by the property owner or business and review by staff. For example, if a gasoline station with convenience store seeks to add a fast food restaurant as an additional land use, staff will consider NAICS Code 722513 "limited service restaurants" as it applies to the sections of the Development Code noted above.

(Ord. No. 6016-07-16, 7-19-2016)