§ 234.2.

CONDITIONAL USES, P DISTRICTS

The following uses shall be subject to approval by the City Planning Commission, as provided in Section 303 of this Code:

a.

Those uses listed in Sections 209.3(d), (e), (f), (g), (h), (i), (j); 209.4(a); 209.5(a); 209.5(b); 209.5(d) if the use does not comply with the performance and operational standards as defined by Section 102.35(a); 209.5(e); 209.6(b); 209.6(c); 209.9(c); and 234.2(c) and (d) of this Code.

b.

With respect to any lot in a P District, which lot is within ¼ mile of the nearest NC-1 or Individual Area Neighborhood Commercial District as described in Article 7 of this Code, no accessory nonpublic use shall be permitted, unless such use or feature complies with the controls which are applicable in any NC-1 or Individual Area Neighborhood Commercial District or Restricted Use Subdistrict located within ¼ mile of the lot, excluding the provisions of zoning category .82, as defined in Section 790.80 of Article 7.

c.

Parking lot or garage uses listed in Sections 890.7 through 890.12 of this Code when located within any P district within the Eastern Neighborhoods Mixed Use District, the South of Market Mixed Use District, the Market and Octavia Plan Area, and within the right-of-way of any State or federal highway.

d.

In any P District which is within the Eastern Neighborhoods Mixed Use District and the South of Market Mixed Use District, if the use is located within the right-of-way of any State or federal highway, the following uses:

1.

Retail and personal service uses primarily meeting the needs of commuters on nearby streets and highways or persons who work or live nearby, provided that:

A.

The space is on the ground floor of a publicly-accessible parking garage;

B.

The total gross floor area per establishment does not exceed 2,500 square feet;

C.

The space fronts on a major thoroughfare; and

D.

The building facade incorporates sufficient fenestration and lighting to create an attractive urban design and pedestrian-oriented scale.

2.

Open-air sale of new or used merchandise, except vehicles, located within a publicly-accessible parking lot, provided that:

A.

The sale of goods and the presence of any booths or other accessory appurtenances are limited to weekend and/or holiday daytime hours;

B.

Sufficient numbers of publicly-accessible toilets and trash receptacles are provided on-site and are adequately maintained; and

C.

The site and vicinity are maintained free of trash and debris.

AMENDMENT HISTORY

History

(Amended by Ord. 443.78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 445-87, App. 11/12/87; Ord. 115-90, App. 4/6/90; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011)

Division (a) amended; Ord. 66-11 , Eff. 5/20/2011.

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