2.3.200 Permitted and Conditional Uses

2.3.200 Permitted and Conditional Uses.

A. Permitted and Conditional Uses. The land uses listed in Table 2.3.200 are allowed in the Mixed-Use Districts, subject to the provisions of this chapter. Only land uses that are listed in Table 2.3.200 and land uses that are approved as “similar” to those in Table 2.3.200 may be permitted or conditionally allowed. The land uses identified with a “C” in Table 2.3.200 require Conditional Use Permit approval prior to development, in accordance with BDC Chapter 4.4.

B. Exceptions. Existing uses and buildings lawfully established under previously effective land use regulations are allowed to continue subject to BDC Chapter 5.2, except as otherwise specified in this section.

1. Existing lawfully established residential uses are permitted in all Mixed-Use Zones and are not subject to BDC Chapter 5.2 unless otherwise nonconforming.

2. Uses in the MU and MN Zones that are not in conformance with the provisions in this section but that were lawfully established in their current location prior to the adoption of this code shall be treated as permitted uses. Expansion or enlargement 25 percent or less of the above-referenced uses or structures that are nonresidential shall be subject to the provisions of BDC Chapter 4.2, Site Plan Review and Design Review. For expansion or enlargement greater than 25 percent, the conditional use criteria, standards and conditions within BDC Chapter 4.4, Conditional Use Permits, shall also apply. Conditions of prior approvals shall continue to apply unless modified in conformance with BDC 4.1.1325, Modification of Approval.

Table 2.3.200. Permitted and Conditional Uses
Land Use	ME	MR	PO	MU	MN
Residential
Single-unit detached dwelling	N	P	L [see subsection (C)(1) of this section]	N	N
Townhomes*	L [see subsection (C)(1) of this section]	P	L [see subsection (C)(1) of this section]	P	P
Duplexes, triplexes and quadplexes*	L [see subsection (C)(1) of this section]	P	L [see subsection (C)(1) of this section]	P	P
Multi-unit residential*	L [see subsection (C)(1) of this section]	P	L [see subsection (C)(1) of this section]	P	P
Accessory dwelling units (ADU)*	L [see subsection (C)(1) of this section]	P	L [see subsection (C)(1) of this section]	P	P
Micro-units. See BDC 3.8.200.	L [see subsection (C)(1) of this section]	P	L [see subsection (C)(1) of this section]	P	P
Home business (Class A/Class B/Class C)	P	P	P	P	P
Commercial
Retail sales and service	L [see subsection (C)(2) of this section]	L [see subsection (C)(2) of this section]	N	P	L [see subsection (C)(2) of this section]
Retail sales and service (auto dependent*)	C	N	N	N	N
Retail sales and service (auto oriented*)	P	N	N	N	N
Restaurants/food and beverage services
– with drive-through*	C	N	N	N	N
– without drive-through	P	P	P	P	P
Offices and clinics	P	P	P	P	P
Lodging (e.g., *bed and breakfast inns, hostels, timeshare)	P	P	N	P	P
*Short-term rentals	P	P	N	P	P
Hotel/motels	P	P	N	P	C
– with conference center	P	P	N	P	N
Commercial and public parking as primary use	P	P	C	P/C [see subsection (C)(3) of this section]	C
Commercial storage
– enclosed in building and on an upper story	P	P	N	L [see subsection (C)(4) of this section]	L [see subsection (C)(4) of this section]
– not enclosed in building	N	N	N	N	N
– enclosed in building on ground floor (i.e., mini-storage)	P	P	N	N	N
Entertainment and recreation
– enclosed in building (e.g., theater)	P	P	C	P	L/C [see subsection (C)(5) of this section]
– not enclosed (e.g., amusement)	P	C	C	C	N
Wholesale sales (more than 75% of sales are wholesale)	P	P	N	N	N
Broadcasting studios and facilities	P	P	N	P	N
Hospital	P	C	C	C	N
Day care	P	P	P	P	P
Production offices	P	P	P	P	N
*Medical marijuana dispensary and marijuana recreational retailer	L [see subsection (C)(2) of this section]	L [see subsection (C)(2) of this section]	N	P	L [see subsection (C)(2) of this section]
*Marijuana wholesale (more than 75% of sales are wholesale)	P	P	N	N	N
*Marijuana testing, research and development facilities	P	P	N	P	C
Veterinary clinic (small animal)	P	N	N	N	N
Public and Institutional
Government – point of service intended to serve the entire City (e.g., City Hall, main library, main post office, main Department of Motor Vehicles service center)	P	P	C	P	C
Government – branch service intended to serve a portion of the City	P	P	P	P	P
Government – limited point of service (e.g., public works yards, vehicle storage, etc.)	N	N	N	N	N
Parks and open space	P	P	P	P	P
Schools	P	P	C	L/C [see subsection (C)(6) of this section]	L/C [see subsection (C)(6) of this section]
Institution of higher education	P	P	P	P	C
Clubs and places of worship	P	P	P	P	P
*Utilities (above ground)	P	P	P	P	P
*Mobility hub	P	P	P	P	P
Industrial
Manufacturing and production	P	P	N	L [see subsection (C)(7) of this section]	L [see subsection (C)(7) of this section]
*Marijuana processing of cannabinoid concentrates and cannabinoid products	P	P	N	L [see subsection (C)(7) of this section]	L [see subsection (C)(7) of this section]
*Marijuana processing of cannabinoid extracts	P	N	N	N	N
*Marijuana grow sites and marijuana producing	P	N	N	N	N
Warehouse	P	P	N	N	N
Transportation, freight and distribution	C	C	N	N	N
Production businesses (e.g., IT support centers, biotechnology, software/hardware development, broadcast and production studios)	P	P	C	P	C
Industrial service (e.g., cleaning, repair)	P	N	N	N	N
Miscellaneous Uses
*Shelters	P	P	P	P	P
*Small hydroelectric facility	P	P	P	P	P
Wireless and broadcast communication facilities	See BDC Chapter 3.7

Key to Districts	Key to Permitted Uses
ME = Mixed Employment	P = Permitted
MR = Mixed-Use Riverfront	N = Not Permitted
PO = Professional Office	C = Conditional Use
MU = Mixed-Use Urban	L = Limited as specified in subsection (C) of this section
MN = Mixed-Use Neighborhood

*Special standards for certain uses subject to BDC Chapter 3.6 and BDC 2.1.900.

C. Limitations. The following limitations apply to those uses identified as “L” in Table 2.3.200:

1. New Residential Uses. In order to ensure that the ME and PO Zones retain a focus on employment uses, new residential uses in the ME and PO Zones are limited as follows:

a. Residential uses that are part of a mixed-use development in which nonresidential uses occupy at least the floor area equivalent to the entire ground-floor area of the development are permitted.

b. Residential uses that are part of a mixed-use development in which nonresidential uses occupy less than the floor area equivalent to the entire ground-floor area of the development are conditional.

c. Residential uses that are not part of a mixed-use development are prohibited.

d. Exception: urban dwelling sites. See BDC 3.8.800.

2. Retail Sales and Service and Medical Marijuana Dispensary and Marijuana Recreational Retailer. Retail sales and service uses and medical marijuana dispensary and marijuana recreational retailer uses are limited in certain Mixed-Use Zones as follows:

a. In the MR and MN Zones, retail sales and service uses and medical marijuana dispensary and marijuana recreational retailer uses shall not exceed 50,000 square feet ground floor.

b. In the ME Zone, retail sales and service uses and medical marijuana dispensary and marijuana recreational retailer uses shall not exceed 50,000 square feet ground floor, except that on property five acres or greater retail sales and service uses shall not exceed 75,000 square feet.

3. Commercial and Public Parking. In the MU Zone, commercial or public parking in a parking structure shall be permitted. Surface parking lots for commercial and public parking as a stand-alone use (not accessory to another use on the site) shall require a conditional use permit.

4. Commercial Storage. Commercial storage is permitted in an enclosed building and on an upper story; provided, that active uses, such as retail sales and service or restaurants/food services, are provided on at least 50 percent of the ground floor.

5. Entertainment and Recreation. Entertainment and recreation uses in the MN Zone that are enclosed in a building shall not exceed 50,000 square feet per building without a conditional use permit.

6. Schools. Schools in the MU and MN Zones shall not exceed a total site size of two acres without a conditional use permit.

7. Manufacturing and Production. Manufacturing and production uses in the MU and MN Zones are limited to uses less than 5,000 square feet with a retail outlet. [Ord. NS-2463, 2023; Ord. NS-2443, 2022; Ord. NS-2434, 2022; Ord. NS-2423, 2021; Ord. NS-2397, 2021; Ord. NS-2390, 2020; Ord. NS-2389, 2020; Ord. NS-2314, 2018; Ord. NS-2289, 2017; Ord. NS-2271, 2016; Ord. NS-2265, 2016; Ord. NS-2264, 2016; Ord. NS-2256, 2015; Ord. NS-2251, 2015; Ord. NS-2240, 2015; Ord. NS-2195, 2013; Ord. NS-2158, 2011; Ord. NS-2016, 2006]