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Commission backs accessory commercial unit overlay in targeted community nodes
Summary
Planning staff proposed permitting accessory commercial units (ACUs) in select community nodes; commissioners supported the concept, discussed permitted uses and substances, and voted to recommend the amendment to the City Commission.
The Planning Commission voted Feb. 13 to recommend an amendment to the zoning ordinance to create an accessory commercial unit (ACU) overlay district that would allow small commercial units attached to residences within defined community-node polygons.
Staff said the ACU proposal builds on recent zoning reforms that allowed accessory dwelling units and would permit small storefront-type commercial units on residential parcels within the highlighted community-node areas. The ordinance would require an ACU to be on the same parcel as the principal residence, have a minimum area of 200 square feet, be smaller in footprint than the principal structure, meet storefront and transparency standards from the form-based code, and require a certificate of occupancy. The use would be permitted by special-use permit and would require notice to property owners within 300 feet.
Commissioners and the mayor discussed permitted uses. Staff said retail (excluding alcohol sales as previously handled in B-1 zones), office, personal services, galleries and museums were proposed. Commissioners asked whether marijuana, tobacco and vaping sales would be allowed; staff said there was “no provision that would allow marijuana sales.” Mayor Ken Johnson and others suggested explicitly excluding alcohol, cannabis and tobacco (or using a broader term such as “controlled substances” or “nicotine/tobacco”) to avoid future ambiguity.
Staff described the overlay as limited to small polygons identified in the master plan as community nodes and noted not all nodes include residential parcels. Commissioners discussed how the polygons were drawn and said the map can be amended later if needed.
A motion to recommend the ordinance amendments (section 400 and articles 2 and 20) creating the ACU overlay district was moved by Mayor Ken Johnson and supported by Commissioner Keast; the motion passed on roll-call vote. Staff will prepare the ordinance package for City Commission consideration and may refine prohibited uses or definitions (for example, “controlled substances” vs. a specific list) during the legislative drafting process.
