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Delano City Zoning Code

CHAPTER 20

5 - COMMERCIAL DISTRICTS

Sections:


20.5.10 - Purpose and intent.

1.

The General Plan outlines goals, objectives, and policies regarding the character and location of commercial uses and development within the City. It is the purpose of this Chapter to provide regulations which implement those goals, objectives and policies, and which assure the availability of commercial uses within the City. Commercial Districts should be conveniently located, efficient, attractive, and designed in a manner that ensures safe and convenient commercial activity, in order to serve the retail and service commercial needs of City residents and businesses.

2.

It is the further intent of the regulations contained in this Chapter:

a.

To provide appropriately located areas for retail stores, service establishments, and commercial commodities and services required by residents of the City and the surrounding market area;

b.

To encourage the concentration of commercial and office uses for the convenience of the public, and to secure mutually beneficial relationships to one another;

c.

To provide adequate space to meet the needs of commercial development, including off-street parking and loading areas;

d.

To minimize traffic congestion and to avoid the overloading of utilities by regulating the construction of buildings of excessive size relative to the land uses in the City;

e.

To protect commercial properties from noise, odor, smoke, unsightliness, and other objectionable influences incidental to industrial uses; and

f.

To promote high standards of site planning, architecture and landscape design for commercial developments within the City.

20.5.20 - Commercial development districts.

1.

General Commercial (GC). The primary purpose of the General Commercial (GC) District is to provide sites for commercial uses that will serve a large segment of the population with a wide variety of retail, wholesale, service, and office uses.

2.

Neighborhood Commercial (NC). The primary purpose of the Neighborhood Commercial (NC) District is to satisfy the daily shopping needs of City residents by providing for a wide range of common retail and personal services in a centralized location. This district encourages the construction of conveniently located neighborhood centers which provide for limited retail and service commercial uses, in a manner which is compatible with the surrounding residential neighborhood.

3.

Downtown Commercial (DC).

a.

The primary purpose of the Downtown Commercial (DC) District is to encourage the establishment of a vital commercial, retail and service center for the City that strengthens the local economy, provides a central focus for a wide variety of community-serving businesses and civic uses, and allows for the development of mixed-uses including higher density residential buildings that will support the creation of a vital, active and attractive neighborhood environment.

b.

The provisions of this Chapter are intended to ensure that the limited commercial and office related development permitted within the DC District respects the historic significance of the downtown area by requiring that all proposed buildings and structures reflect the downtown's architectural theme and are compatible with the surrounding residential community.

(Ord. No. 2013-1260, § 1(Exh. A), 4-15-2013)

20.5.30 - Commercial use regulations.

Identified on Table 5.A of this Chapter are those land uses or activities that may be permitted in each of the commercial districts, subject to the provisions of this Title and applicable General Plan policies. Table 5.A also identifies those land uses and activities which are permitted in specified commercial districts, but not in others. This Table also indicates the development procedure and the approval type by which each listed land use or activity may be permitted in each of the commercial zone districts.

Table 5.A
Uses Permitted Within Commercial Districts

Legend

■

Not permitted in this district

P

Permitted subject to Section 20.2.65 — Site Plan Review

C

Permitted Subject to approval of a Conditional Use Permit application

USES GC NC DC
A. OFFICE AND RELATED USES
 1. Administrative and executive offices P P P
 2. Artist and photographic studio, including sale of equipment or supplies P P P
 3. Clerical and professional offices P P P
 4. Financial services and institutions P P P
 5. Medical, dental and related health services for humans, including clinics laboratories, and the sale of articles clearly incidental to services provided P P P
B. COMMERCIAL USES
 1. Adult-oriented businesses (as provided in Section 20.11.30 of this Title) ■ ■ ■
 2. Agricultural C C C
 3. Ambulance service C ■ ■
 4. Antique shops P P P
 5. Apparel stores (sales) P P P
 6. Art, galleries, music, dance studios, photographic studios and supply stores P P P
 7. Appliance stores and repair P ■ P
 8. Arcades C C C
 9. Auto supply store P P P
 10. Automotive washing (self- or full-service) P C ■
 11. Auction houses C ■ ■
 12. Automotive dealerships (new and used) (subject to Section 20.11.100 of this Title) P C ■
 13. Automotive rental agencies (excluding outdoor storage) P ■ ■
 14. Automotive rental agencies (including outdoor storage) C C C
 15. Automotive - paint and body C ■ ■
 16. a. Automotive and light truck sales/service (minor) P ■ C
      b. Automotive and light truck repair (major) C
 17. Automobile repair C ■ C
 18. Bail bond services P ■ ■
 19. Bakeries (retail) P P P
 20. Barber and beauty shops P P P
  21. Bicycle shops (non-motorized) P P P
  22. Billiard rooms C C C
  23. Bowling alleys C C C
  24. Blueprint and photocopy services P ■ P
  25. Boat and RV (sales only) C ■ ■
  26. Book, gifts, and stationary stores P P P
  27. Building materials sales/home improvement (indoors) P P P
  28. Building materials sales/outdoor storage (masonry, sand, gravel) C ■ C
  29. Camera shops P P P
  30. Candle shops P P P
  31. Candy stores and confectioneries P P P
  32. Catering establishments P P P
  33. Cemetery (Human) ■ ■ ■
  34. Cleaning and pressing establishments P P P
  35. Clothing and costume rental P P P
  36. Cocktail lounge/bar, including upgrading an existing ABC license (e.g., beer and wine to a hard liquor license - refer to Section 20.11.50 of this Title) C ■ C
  37. Communication and Telecommunication Facilities (radio and television) C C C
  38. Commercial recreational facilities (indoor) P C C
  39. Commercial recreational facilities (outdoor) C C C
  40. Convenience store (including alcohol sales) C C C
  41. Convenience store (no alcohol sales) P P P
  42. Dairy products stores P P P
  43. Department stores P ■ P
  44. Drapery and decorating shops P ■ P
  45. Dress making shops P P P
  46. Driving schools P ■ ■
  47. Drugstore/pharmacy P P P
  48. Electronic coin-operated games (commercially operated) less than 5 games P P P
  49. Electronic coin-operated games (commercially operated) 5 or more games (subject to Section 20.11.90 of this Title) C C C
  50. Drive-in/through businesses including theaters and restaurants (subject to Section 20.11.150 of this Title) C C C
  51. Feed tack stores P P P
  52. Fireworks Stand (subject to the provisions of Section 20.11.160 of this Title) P P P
  53. Floral shops P P P
  54. Food stores and supermarkets P P P
  55. Floor covering stores (may include incidental repair) P P P
  56. Furniture stores, repair and upholstery P ■ P
  57. General retail stores P P P
  58. Hardware stores (no outdoor storage) P P P
  59. Hardware stores (outdoor storage) C ■ ■
  60. Home improvement (indoor) P C ■
  61. Home improvement (outdoor) C ■ ■
  62. Health clubs, dance studios, martial arts, weight training, and similar uses P P P
  63. Hobby Shops P P P
  64. Hotels and motels P ■ C
  65. Insurance services P P P
  66. Internet cafes P P P
  67. Janitorial services and supplies P P P
  68. Jewelry stores P P P
  69. Kiosks (parking lot film processing and key shops) P P P
  70. Laundry pick-up and delivery agencies and self-service laundries (includes diaper service) P P P
  71. Liquor stores C C C
  72. Massage, Therapeutic (as defined in Section 20.1.90 of this Title) P P P
  73. Mortgage services P P P
  74. Motorcycle shops (sales and service) P ■ C
  75. Locksmith shops P P P
  76. Meat markets P P P
  77. Mortuaries C ■ C
  78. Music stores P P P
  79. Newspaper and magazine stores P P P
  80. Mini storage (for public use) C ■ ■
  81. Miniature golf courses P ■ ■
  82. Nurseries and garden supply stores (provide all equipment and supplies are kept within a building or fenced enclosed area) P P P
  83. Office and business machines stores (sales, service, and repair) P P P
  84. Paint and wall covering stores P P P
  85. Parking facilities (off-site) P ■ C
  86. Pet shops P P P
  87. Political or philanthropic headquarters P P P
  88. Pottery sales P P P
  89. Printing and copy shops (other than newspaper) P C P
  90. Reverse vending machines and small recycling collection facilities C C ■
  91. Plumbing shops and supplies P ■ P
  92. Real estate services P P P
  93. Restaurants other than fast-foods (refer to section 20.11.50 of this Title):

    a. With entertainment and/or serving alcoholic beverages consisting of distilled spirits (hard liquor), not including beer and wine; also including the upgrading an existing ABC license (e.g. Beer and Wine to a hard liquor license)

    b. Without entertainment and/or serving alcoholic beverages consisting of distilled spirits (hard liquor), not including beer and wine

C






P

C






P

C






P
  94. Shopping centers P C C
  95. Shoe stores (repairs) P P P
  96. Second-hand stores/pawn shops P ■ P
  97. Service station (automotive, without convenience sales) subject to section 20.11.220 of this title P P P
  98. Service stations (automotive, w/convenience store, w/or w/o alcoholic beverage sales) C C C
  99. Sporting good stores P P P
  100. Stamp and coin shops P P P
  101. Stationary stores P P P
  102. Statue shops P P P
  103. Sign painting shops within a completely enclosed building P ■ P
  104. Surveying services P ■ P
  105. Swimming pool and spa (sales, service, and supply) P ■ P
  106. Telegraph offices C ■ ■
  107. Tailor shops P P P
  108. Tattoo parlor C ■ C
  109. Taxidermists (no processing) P P P
  110. Television (radio sales and repair) P P P
  111. Theaters, including both motion picture and live performing arts C ■ C
  112. Tire sales and service C ■ C
  113. Toy stores P P P
  114. Travel agencies P P P
  115. Upholstering shops (indoor only) P ■ P
  116. Variety stores P P P
  117. Veterinary offices and animal hospitals including exterior kennels, pens or runs C ■ ■
  118. Veterinary offices and animal hospitals excluding exterior kennels, pens or runs P P P
C. PUBLIC AND QUASI-PUBLIC USES
 1. Auditoriums C ■ C
 2. Day nurseries, nursery schools, and child care facilities, per State law C C C
 3. Hospitals C ■ C
 4. Convalescent homes C C C
 5. Convention hall, trade show, exhibit building with incidental food service C ■ ■
 6. Churches, synagogues, mosques, temples C C C
 7. Clubs, lodges, fraternities, and sororities C C C
 8. Communication and telecommunication facilities (not including radio and television) C C C
 9. Educational institutions (including public or private vocational schools) C C C
 10. Fire and police stations P P P
 11. Public administration buildings and civic centers P P P
 12. Public libraries and museums P P P
 13. Public parks and recreational facilities (public or private) P P P
 14. Public utilities and public service sub-stations, reservoirs, pumping plants and similar installations not including public utility offices, unless project otherwise entails a public hearing; then Permitted C C C
  15. Residential care facility (per State law) C C C
 16. Post offices P P P
 17. Public utility services offices P P P
 18. Transportation facilities C C C
 19. Amusement/theme park C ■ ■
D. RESIDENTIAL USES
 1. Single-family residential dwellings ■ ■ ■
 2. Residence in conjunction with a business C C C
 3. Multifamily residential dwellings C C C
 4. Emergency And Homeless Shelters P P P
E. MANUFACTURING USES
 1. Oil & Gas exploration and production; subject to the provisions of Chapter 20.9 of this Title C C C
F. ACCESSORY USES
 1. Accessory uses and structures located on the same site as a permitted use P P P
 2. Accessory uses and structures located on the same site as a use permitted subject to a Conditional Use Permit C C C
G. TEMPORARY USES
 1. *Temporary uses as prescribed in Chapter 20.2, Permits and Approval, Section 20.2.90 of this Title, are permitted subject to issuance of a Temporary Use Permit * * *
H. MIXED-USE DEVELOPMENT
 1. Mixed-use development C C P
I. Other uses similar to, and no more objectionable than the uses identified above, shall be reviewed per the process required by the similar use, subject to the provisions of Section 20.1.90 of this Title

 

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008; Ord. No. 2010-1210, § 1, 3-15-2010; Ord. No. 2010-1215, § 1, 6-7-2010; Ord. No. 2012-1246, § 1(Exh. A), 8-20-2012; Ord. No. 2013-1270, § 1(Exh. A), 11-18-2013; Ord. No. 2015-1275, § 1(Exh. A), 6-15-2015; Ord. No. 2017-1294, § 1(Exh. 2), 11-20-2017; Ord. No. 2019-1304, § 2(Exh. 2), 5-20-2019)

20.5.40 - Commercial site development standards.

1.

General Requirements. Table 5.B of this Chapter describes the minimum site development standards applicable to proposed and existing development in all commercial zone districts. All commercial development shall conform to the standards established in this Section.

a.

A development or commercial center may, for purposes of meeting the minimum site size standards, consist of a combination of parcels whose total net acreage meets the minimum site size criteria, provided that the design for the entire site is integrated and unified.

b.

In addition to the minimum standards established in Table 5.B, developments within the commercial zone districts shall also comply with the special requirements contained in Section 20.5.40.2 of this Title, Chapter 20.12 (Performance Standards) of this Title, other City regulations and ordinances, and the General Plan.

Table 5.B
Commercial Site Development Minimum Standards

REQUIREMENT GC NC DC
 1. Minimum site area (square feet, net) 6,500 6,500 5,000
 2. Minimum site width (in feet) 65 65 50
 3. Minimum site depth (in feet) 100 100 100
 4. Front building setback (in feet) 0 0 0
 5. Side street building setback (in feet) 0 0 0
 6. Rear setback (in feet) 0 0 0
 7. Maximum floor area ratio 0.50 0.50 2.0
 8. Maximum building height (in feet) 45 35 45

 

2.

Special Requirements.

a.

All uses in the commercial districts shall comply with the provisions of Section 20.10.290 (Screening Requirements) of this Title and shall provide streetside landscaping as required by the Community Development Director.

b.

Where off-street parking areas in the Neighborhood Commercial or General Commercial Districts are situated in a visual corridor, as may be defined in a precise plan adopted by the City Council, screening, such as a landscaped earthen berm or decorative wall no less than two feet in height, shall be erected between the street right-of-way and the parking area.

c.

In all commercial zone districts, no external security bars shall be permitted on structures.

d.

Parking for each use shall comply with the provisions of Chapter 20.13 of this Title.

3.

Exceptions.

a.

The creation of new lots within the commercial zone districts shall conform to the minimum allowable dimensions, except in the case of commercial condominium lots or lots within a shopping center, in which case no minimums are established; provided the commercial development is consistent with other requirements of this Title and applicable City standards, regulations, and ordinances.

b.

Parcels created within shopping centers are exempt from the site development standards stated herein, as they relate to minimum site areas, and minimum lot width and depth, as long as a conceptual development plan for the entire center has been approved and if appropriate easements for reciprocal access parking and maintenance are provided.

c.

When abutting a residentially zoned district, the front, side, and rear yard setbacks of that residentially zoned district shall apply to the commercial development abutting that residentially zoned district.

d.

A conditional use permit shall be required for development on nonresidential legally-created, nonconforming lots.

(Ord. No. 2013-1260, § 1(Exh. A), 4-15-2013)