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Most retail uses such as beauty padors and barber shops are outright <br /> permitted in the CBR zoning district. <br /> <br /> The main question is whether your business is considered "retail". <br /> According to Section 2.17 of the Zoning Ordinance (Definitions) a retail <br /> business is: <br /> <br /> Any establishment for the sale directly to the consumer, of any <br /> article, substance, or commodity, but not including the sale of <br /> lumber or other building matetfels, or the sale of used or <br /> secondhand goods or materials of any kind. <br /> <br /> The Zoning Ordinance also defines "wholesale business" as: <br /> <br /> Any establishment for the sale, to retailers, jobbers, or <br /> contractors, of any article, substance, or commodity, but not <br /> including the handling of lumber or other building materials or <br /> the open storage or sale of any material or commodity, and not <br /> including the processing or manufacture of any product or <br /> substance (Section 2. <br /> <br /> Based on the above definitions and your business description, the <br /> proposed business would be classified as non-retail and would not be <br /> permitted in the CBR Zoning District. Your commodities are not sold <br />- directly to the consumer, but only to licensed cosmetologists who are <br /> essentially other retailers. Also some of the supplies are then resold to <br /> consumers at the various salons, making your business essentially a <br /> wholesale use. <br /> <br /> This interpretation has been consistently applied to a similar beauty supply <br /> business located several doors down at 2610 Broadway. As you know that <br /> store essentially sells similar supplies only to licensed cosmetologists <br /> (although different brands) and is not allowed in the CBR zoning district. <br /> However, that store was in place prior to the Zoning Ordinance changes <br /> requiring only retail uses in the CBR district. It is considered a <br /> "grandfathered" use, meaning that the use, although not permitted, can <br /> continue because such a use conformed with earlier applicable zoning <br /> laws. The City has historically told the owners of that store that it could <br /> not expand or relocate elsewhere in the area because it wasn't a "retail" <br /> use. The City has and will deny them future expansion and relocation <br /> based on the same interpretation it is applying to your business. <br /> <br /> If CosmoProf does wish to locate in the CBR Zoning District then it will <br /> have to incorporate primarily retail sales open to the general public. <br /> Otherwise the use is not permitted. Unless we hear otherwise, staff will <br /> <br /> <br />