23.47A.010

A. Except as provided in subsection D of this section, size limits, where specified in Table A of Section 23.47A.004 , apply to the total size of a business establishment, except that if a business establishment includes more than one principal use, size limits apply separately to the size of each principal use within the business establishment as determined under this section. B. For the purposes of this Section 23.47A.010 , size of use includes the gross floor area of a structure(s), or portion of a structure(s), occupied by a principal use and all uses accessory to that use, except that: 1. In NC1 and NC2 zones, any area dedicated to outdoor display of goods or equipment for rent or for sale is also included; 2. In all zones, any gross floor area used for accessory parking is exempted from the size calculation; and 3. In all zones, any gross floor area used for stockrooms, storage, break rooms, loading, and administrative office accessory to a principal grocery store use is exempted from the size calculation, provided it does not exceed 8,500 square feet or 30 percent of the gross floor area, whichever is less. C. If a business establishment is located in more than one zone: 1. If the business establishment includes only one principal use, then: a. the size of the portion of the business establishment that is located within each zone may not exceed the size limit for that principal use for that zone; and b. the total size of the business establishment may not exceed the largest limit for that principal use that applies in any of the zones where any part of the business establishment is located. 2. If the business establishment includes more than one principal use, size limits apply to each principal use within the business establishment separately, as follows: a. the size of the portions of each principal use and its accessory uses that are in one zone may not exceed the size limit for that principal use for that zone; and b. the total size of each principal use and its accessory uses may not exceed the largest limit for that principal use that applies in any of the zones where any part of that use is located. D. In C1 and C2 zones, office uses are limited one (1) FAR, or thirty-five thousand (35,000) square feet, whichever is greater. For purposes of this subsection, size limits apply to the total amount of all office uses on a lot. Office uses are exempt from this limit if the following NC3 zone standards are met: 1. Blank facades and setbacks, per Section 23.47A.008 A; 2. Transparency, per Section 23.47A.008 B2; 3. Outdoor storage areas, per Section 23.47A.011 D; 4. Screening of blank facades and gas stations, per Section 23.47A.016 C and D2; 5. Drive-in lanes, per Section 23.47A.028 ; 6. Access to parking, per Section 23.47A.032 A; and 7. Location of parking, per Section 23.47A.032 B. E. Expansion or replacement of Grocery Stores in NC1 Zones. Grocery stores in NC1 zones are limited to 10,000 square feet. As a special exception, existing grocery stores may be expanded or replaced on-site or on abutting lots up to a maximum size of twenty-three thousand (23,000) sq. ft. when all of the following conditions are met: 1. The grocery store to be expanded or replaced is legally established as of, and has continued in operation since, August 1, 2005; 2. The store is located in a zone of contiguous NC1 zoned land that is at least three (3) acres in size and the zone is at least 1,500 feet away from any NC2, NC3, C1 or C2 zone; 3. The lot abuts an arterial street and the expansion or replacement of the store is not likely to result in significant increases in traffic on non-arterial streets; 4. The expanded or replaced store will be part of a development with at least 30% (thirty percent) of the gross floor area of the structure, not including parking, in residential use; and 5. Impacts to adjacent residential areas from loading activities are mitigated using screening, buffers, or other techniques; and 6. The Director finds that the expansion or replacement is compatible with the character and scale of the area in which it is located. (Ord. 127099 , § 23, 2024; Ord. 123046, § 65, 2009; Ord. 122311 , § 44, 2006.)