120.- C-T ZONE TOURIST COMMERCIAL
A.
The following uses are permitted, provided approval of a site development permit shall first have been obtained pursuant to the provisions of Section 9.240.330:
(1)
Automobile sales, truck sales, new and used.
(2)
Restaurants, drive-in restaurants, bars.
(3)
Curio shops, gift shops.
(4)
Sign, on-site advertising.
(5)
Hotels, motels.
(6)
Dwelling, bed and breakfast.
(7)
Churches, temples and other places of religious worship.
(8)
Child day care center.
B.
The uses listed in subsection A. of this section do not include sex-oriented businesses.
C.
The following uses are permitted, provided a conditional use permit has been granted pursuant to the provisions of Section 9.240.280:
(1)
Motor sports raceways and motor sports raceways with the sale of alcoholic beverages pursuant to Section 9.240.490.
(2)
Alcoholic beverage sales with automobile fueling stations, truck service stations, restaurants, bars, taverns, cocktail lounges, hotels, resort hotels, and extended stay hotels pursuant to the provisions of Section 9.240.490.
(3)
Automobile fueling stations with or without the concurrent sale of beer and wine for off-premises consumption pursuant to Section 9.240.490, excluding truck stops/travel centers.
D.
No building or structure shall exceed fifty (50) feet in height, unless a greater height is approved pursuant to Section 9.240.370. In no event, however, shall a building or structure exceed seventy-five (75) feet in height, unless a variance is approved pursuant to Section 9.240.270.
E.
It is the intent of the City Council that a legally established pre-existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to Section [9.240.080] that is not specifically listed in subsection A. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017-14[A2] adopting the 2017 General Plan. The expansion of significant modification of such a pre-existing use shall be subject to the approval process and zoning requirements that had governed the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use.
(Ord. No. 2017-09, § 8B., 9-21-2017; Ord. No. 2020-17, §§ 4, 5, 11-5-2020; Ord. No. 2021-21, § 23, 11-4-2021; Ord. No. 2021-29, § 16, 12-16-2021; Ord. No. 2022-24, § 10, 12-15-2022)
The following shall be the standards of development in the C-T Zone, unless a lot is to be developed to a hotel or motel use. If a lot is to be developed to a hotel or motel use, it shall meet all the requirements of Section 9.80.030 (R-3 Zone).
(1)
The minimum lot area shall be ten thousand (10,000) square feet, unless a different minimum is specifically required in a particular area. More than one use shall be permitted on a lot.
(2)
If a lot adjoins a lot zoned C-T, C-1, C-P, C-P-S, M-SC, M-M, or M-H, there is no side or rear yard requirement for buildings which do not exceed thirty-five (35) feet in height, but there shall be a minimum nineteen (19) foot front yard setback. For all other lots, the minimum front, side and rear yards shall be ten (10) feet for buildings which do not exceed thirty-five (35) feet in height. On all lots, any portion of a building which exceeds thirty-five (35) feet in height shall be set back from the front, rear and side lot lines not less than two (2) feet for each foot by which the height exceeds thirty-five (35) feet. The front setback shall be measured from the existing street line or the future street line as shown on an adopted specific plan for the street. The rear setback shall be measured from the rear lot line or any recorded alley or easement unless the rear line adjoins a street in which case it shall be measured as required for a front setback. Each side setback shall be measured from the side lot line or from the existing street line or any future street line as shown on an adopted specific plan for the street.
(3)
All buildings and structures shall not exceed fifty (50) feet in height, unless a height up to seventy-five (75) feet is specifically permitted under the provisions of Section 9.240.370.
(4)
Automobile storage space shall be provided as required by Section 9.240.120. Not less than five (5) percent of the parking area shall be landscaped. No planting area shall be less than five (5) feet wide at any point.
(5)
Trash areas shall be screened with an opaque six (6) foot high fence or wall and shall have an opaque gate.
120.- C-T ZONE TOURIST COMMERCIAL
A.
The following uses are permitted, provided approval of a site development permit shall first have been obtained pursuant to the provisions of Section 9.240.330:
(1)
Automobile sales, truck sales, new and used.
(2)
Restaurants, drive-in restaurants, bars.
(3)
Curio shops, gift shops.
(4)
Sign, on-site advertising.
(5)
Hotels, motels.
(6)
Dwelling, bed and breakfast.
(7)
Churches, temples and other places of religious worship.
(8)
Child day care center.
B.
The uses listed in subsection A. of this section do not include sex-oriented businesses.
C.
The following uses are permitted, provided a conditional use permit has been granted pursuant to the provisions of Section 9.240.280:
(1)
Motor sports raceways and motor sports raceways with the sale of alcoholic beverages pursuant to Section 9.240.490.
(2)
Alcoholic beverage sales with automobile fueling stations, truck service stations, restaurants, bars, taverns, cocktail lounges, hotels, resort hotels, and extended stay hotels pursuant to the provisions of Section 9.240.490.
(3)
Automobile fueling stations with or without the concurrent sale of beer and wine for off-premises consumption pursuant to Section 9.240.490, excluding truck stops/travel centers.
D.
No building or structure shall exceed fifty (50) feet in height, unless a greater height is approved pursuant to Section 9.240.370. In no event, however, shall a building or structure exceed seventy-five (75) feet in height, unless a variance is approved pursuant to Section 9.240.270.
E.
It is the intent of the City Council that a legally established pre-existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to Section [9.240.080] that is not specifically listed in subsection A. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017-14[A2] adopting the 2017 General Plan. The expansion of significant modification of such a pre-existing use shall be subject to the approval process and zoning requirements that had governed the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use.
(Ord. No. 2017-09, § 8B., 9-21-2017; Ord. No. 2020-17, §§ 4, 5, 11-5-2020; Ord. No. 2021-21, § 23, 11-4-2021; Ord. No. 2021-29, § 16, 12-16-2021; Ord. No. 2022-24, § 10, 12-15-2022)
The following shall be the standards of development in the C-T Zone, unless a lot is to be developed to a hotel or motel use. If a lot is to be developed to a hotel or motel use, it shall meet all the requirements of Section 9.80.030 (R-3 Zone).
(1)
The minimum lot area shall be ten thousand (10,000) square feet, unless a different minimum is specifically required in a particular area. More than one use shall be permitted on a lot.
(2)
If a lot adjoins a lot zoned C-T, C-1, C-P, C-P-S, M-SC, M-M, or M-H, there is no side or rear yard requirement for buildings which do not exceed thirty-five (35) feet in height, but there shall be a minimum nineteen (19) foot front yard setback. For all other lots, the minimum front, side and rear yards shall be ten (10) feet for buildings which do not exceed thirty-five (35) feet in height. On all lots, any portion of a building which exceeds thirty-five (35) feet in height shall be set back from the front, rear and side lot lines not less than two (2) feet for each foot by which the height exceeds thirty-five (35) feet. The front setback shall be measured from the existing street line or the future street line as shown on an adopted specific plan for the street. The rear setback shall be measured from the rear lot line or any recorded alley or easement unless the rear line adjoins a street in which case it shall be measured as required for a front setback. Each side setback shall be measured from the side lot line or from the existing street line or any future street line as shown on an adopted specific plan for the street.
(3)
All buildings and structures shall not exceed fifty (50) feet in height, unless a height up to seventy-five (75) feet is specifically permitted under the provisions of Section 9.240.370.
(4)
Automobile storage space shall be provided as required by Section 9.240.120. Not less than five (5) percent of the parking area shall be landscaped. No planting area shall be less than five (5) feet wide at any point.
(5)
Trash areas shall be screened with an opaque six (6) foot high fence or wall and shall have an opaque gate.