The purpose of the Neighborhood Commercial (C-1) district is to designate areas for low-intensity commercial activities oriented to serving nearby residential areas. The C-1 district may also be combined with the Cluster (CL) combining district to achieve innovative, creative office or commercial developments. Uses in the C-1 district typically include small retail, service-oriented commercial activities, including small shopping centers. The C-1 district generally will be located on major or secondary highways.

(Prior code § 7060.01)

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the C-1 district in accordance with standards and procedures set out in Chapter 19.80 of this title:

A.

Residential uses:

— Bed and breakfast inn

— Dwelling units located entirely above the ground floor of a commercial building as specified in Section 19.30.130(C)

— Manager, caretaker or proprietor quarters

— Residential facility, serving twelve (12) or fewer persons;

B.

Recreation, entertainment and tourist facilities:

— Health club

— Pool or billiard parlor

— Tennis or swim club, indoor only

— Video games arcade;

C.

Commercial Uses.

1.

Offices:

— Business or professional

— Financial institution, including bank, savings and loan or credit union

— Real estate

— Research and development,

2.

General retail sales:

— Antiques, with no outside storage

— Appliances, including service and repair; provided, there is no outside storage

— Art gallery

— Auto parts and accessories

— Bicycle, including rental and service

— Bookstore, general

— Christmas tree, temporary

— Clothing and apparel

— Drugs and pharmaceuticals

— Fireworks stand, temporary

— Florist

— Gift and card

— Hardware, general, excluding lumber sales and outside storage of materials

— Ice vending machine

— Lawnmower, including repair, when located entirely within a building

— Locksmith or key and lock shop

— Music stores, excluding instrument repair

— Newspaper or magazine stand

— Shoes

— Stationery and office supply

— Tobacco

— Variety

— Video and audio tape sales and rentals,

3.

Food and beverage retail sales:

— Bakery, small

— Convenience market

— Drive-in food market or dairy

— Food store

— Specialized, including meat, vegetables, health foods or candy,

4.

Eating and drinking establishments:

— Bar, tavern or cocktail lounge

— Ice cream parlor

— Restaurant, cafe or coffee shop

— Restaurant, fast-food,

5.

Services:

— Artist studio

— Auto service station, small

— Barber or beauty shop

— Bath house, including sauna, spa, Turkish, steam, or tanning

— Chiropractic or massage therapy

— Clinic, medical or physical therapy, out-patient only

— Interior decorator

— Laboratory, medical, dental, optical or biological

— Laundromat, self-service

— Laundry, drop off and pick up only

— Packaging and mailing services

— Pet grooming

— Photography studio

— Shoe repair

— Shoe-shine stand

— Smog inspection station

— Tailor or dressmaker

— Tanning salons

— Taxidermist

— Telegraph

— Ticket agency

— Travel agency

— Veterinary, household pets only; provided, there are no outside kennels;

D.

Utility and Communications Facilities.

— Transmission lines and supporting towers, poles, pipelines and underground facilities for gas, water, electricity, telephone or telegraph service owned and operated by a public utility company under the jurisdiction of the California Public Utilities Commission pursuant to Section 19.08.090 of this title

— Utility substation;

E.

Institutional Uses.

— Charitable or public service organization, office only

— Church

— Community or senior citizens center

— Government office or building

— Library

— Museum, indoor only

— Post office

— Public agency or utility buildings or facilities;

F.

Educational Institutions and Schools.

1.

General:

— Preschool

— Elementary school

— Junior high school

— Senior high school,

2.

Specialized schools:

— Art, craft, or music school

— Business or trade school, provided that all instruction is conducted within a building and that there is no outside storage of materials or supplies associated with the school

— Dance school

— Driving school

— Martial arts school

— Swim school;

G.

Resource Extraction and Energy Development Uses.

— Solar energy electrical generators which are accessory to a permitted or conditionally permitted use and where the power generated does not exceed the total on-site power demand

— Small wind energy system, pursuant to Section 19.08.415;

H.

Miscellaneous Uses.

— Commercial coach, temporary, not exceeding six (6) months

— Community garden pursuant to Section 19.30.130 of this chapter

— Construction trailer, temporary, during construction activities only

— Day-care center, without extended overnight services

— Drainage sump, when accessory to a permitted use

— Studio, radio, television, broadcasting

— Water storage or groundwater recharge facilities

— Water system, small or large.

(Ord. G-7482 § 42, 2007; Ord. G-6968 § 24, 2003; Ord. G-6641 § 11, 1999; Ord. G-6551 §§ 36, 37, 1998; Ord. G-6191 § 23, 1995; Ord. G-6077 §§ 121—125, 1994; Ord. G-5966 §§ 48, 49, 50, 1993; Ord. G-4993 § 24, 1989; Ord. G-4832 §§ 90, 91, 1988; prior code § 7060.02)

(Ord. No. G-8226, § 40, 11-8-11)

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the C-1 district in accordance with standards set out in Chapter 19.80 of this title and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Residential Uses.

— Apartment

— Boarding or rooming house

— Community care facility

— Condominium

— Duplex

— Emergency shelter

— Fraternity or sorority house

— Mobilehome

— Quadruplex

— Rest home

— Retirement home

— Residential accessory structures

— Residential hotel

— Single-family dwelling

— Townhouse

— Triplex;

B.

Recreation, Entertainment and Tourist Facilities.

— Card room

— Circus or carnival, temporary

— Miniature golf course

— Movie theater, drive-in

— Movie theater, walk-in

— Park or playground

— Swimming pool, public, outdoor only

— Tennis club, outdoor only

— Theater, live

— Trade fairs and exhibitions, temporary, fourteen (14) day maximum, excluding flea markets and swap meets;

C.

Commercial Uses.

1.

General Retail Sales:

— Nursery, plant

2.

Services:

— Ambulance

— Auto wash

— Auto wash, self-service

— Mini-warehouse, for storage of personal household goods, provided there is no outside storage; excludes cargo containers and other temporary storage structures

— Printing, lithography or blue-printing

— Tattoo parlor and body piercing

— Veterinary, including veterinary hospital;

D.

Transportation Facilities.

— Auto parking garage or lot

— Heliport;

E.

Utility and Communications Facilities.

— Radio, television, microwave, or commercial communications transmitter, receiver or translator;

F.

Institutional Uses.

— Cemetery, mausoleum, columbarium, or mortuary

— Charitable or public service organization

— Club or lodge

— Convalescent hospital

— Crematory, in conjunction with a cemetery, mausoleum, columbarium, or mortuary

— Fire or police station

— Hospital

— Labor union hall

— Museum, with outdoor exhibits

— Rehabilitation facilities

— Sanitarium;

G.

Waste Facilities.

— Community septic disposal system

— Sewage treatment plant

— Transfer station, small volume;

H.

Resource Extraction and Energy Development Uses.

— Oil or gas exploration and production pursuant to Chapter 19.98 of this title

— Wind-driven electrical generators, commercial or domestic;

I.

Miscellaneous Uses.

— Commercial coach, exceeding six months

— Day care center, with extended overnight services

— Drainage sump

— Flood control facilities

— Water treatment plant.

(Ord. G-7482 § 44, 2007; Ord. G-6968 § 26, 2003; Ord. G-6967 § 15, 2003; Ord. G-6077 §§ 127—130, 1994; Ord. G-5966 §§ 52, 53, 54, 1993; Ord. G-5684 §§ 44, 45, 1991; Ord. G-4993 §§ 25—27, 1989; Ord. G-4832 §§ 92—95, 1988; prior code § 7060.03)

(Ord. No. G-7821, § 44, 1-27-09; Ord. No. G-8226, § 41, 11-8-11)

All other uses not permitted by Sections 19.30.020 and 19.30.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the C-1 district.

(G-7189 § 33, 2005; prior code § 7060.04)

Except as otherwise provided in Chapter 19.58 of this title, no lot created within the C-1 district shall contain less than seven thousand five hundred (7,500) net square feet, excepting in the case of the conveyance to or from a governmental agency, public entity, public utility, community water company or mutual water company for public purposes, public utility purposes, or for rights-of-way or well sites.

(Ord. G-6077 § 132, 1994: prior code § 7060.05)

There shall be a minimum of one thousand five hundred (1,500) square feet of lot area per dwelling unit in the C-1 district when dwellings are permitted with a conditional use permit.

(Prior code § 7060.06)

The following yard and setback requirements apply in the C-1 district:

A.

Front Yard. The front-yard minimum setback for all buildings shall be as follows:

1.

Forty (40) feet from the legal centerline of any existing or proposed public or private local street and access easements;

2.

Forty-five (45) feet from the legal centerline of any existing or proposed secondary highway;

3.

Fifty-five (55) feet from the legal centerline of any existing or proposed major highway.

B.

Side Yard. None required.

C.

Rear Yard. There shall be a rear yard of not less than twenty (20) feet, except that no rear yard shall be required in the event that a public alley exists. The planning director may reduce rear yard requirements in accordance with the Kern County fire code if written approval is obtained from the Kern County fire chief.

D.

Yards and Setbacks for Residential Developments. Yards and setbacks for residential developments shall be the same as those specified in Section 19.22.070 of this title. For all developments containing both commercial and residential uses within the same building, yards and setbacks shall be as specified in subsections (A), (B) and (C) of Section 19.30.070 of this chapter.

E.

In no case shall the buildings be located in any existing or future right-of-way established by any official or specific plan line, street, access easement or adopted circulation element of the applicable general or specific plan.

(Ord. G-6551 § 39, 1998: Ord. G-6077 § 133, 1994; Ord. G-4832 §§ 96, 96, 1988; prior code § 7060.07)

The following height limits apply in the C-1 district:

A.

Buildings shall not exceed four (4) stories or forty-five (45) feet.

B.

Detached accessory structures shall not exceed three (3) stories or forty-five (45) feet.

C.

Radio and television antennas, communication towers, chimneys, and other similar structures shall not exceed ninety (90) feet.

D.

Structures shall not exceed the maximum permitted heights in areas of protected military airspace as specified in Section 19.08.160.

(Prior code § 7060.08)

(Ord. No. G-8226, § 42, 11-8-11)

Minimum distance between structures in the C-1 district shall be as follows:

A.

None required for nonresidential buildings.

B.

There shall be a minimum distance of ten (10) feet between residential buildings.

C.

There shall be a minimum distance of six (6) feet between a residential building and an accessory building or between accessory buildings.

(Prior code § 7060.09)

Off-street parking in the C-1 district shall be provided in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7060.10)

A.

The following signs are permitted in the C-1 district in accordance with Chapter 19.84 of this title:

1.

Temporary real estate signs advertising the property for sale or rent, not to exceed sixteen (16) square feet, excluding the area of any vertical and/or horizontal support members;

2.

Temporary subdivision signs;

3.

Permanent subdivision identification signs, when approved in conjunction with a conditional use permit;

4.

Temporary construction signs;

5.

Temporary political, religious or civic campaign signs;

6.

Institutional signs;

7.

Signs attached to buildings (on-site identification only);

8.

Monument signs, not to exceed forty-eight (48) square feet each (on-site identification only);

9.

Pole signs, not to exceed two hundred (200) square feet in area each (on-site identification only);

10.

Off-site advertising signs, when approved by conditional use permit.

(Ord. G-6077 § 135, 1994; Ord. G-5684 § 46, 1991: Prior code § 7060.01)

Landscaping in the C-1 district shall be provided in accordance with the requirements of Chapter 19.86 of this title.

(Prior code § 7060.12)

A.

All development in the C-1 district shall comply with the minimum standards set out in Chapter 19.80 of this title.

B.

Development in the C-1 district shall comply with the interpretations and provisions of Chapter 19.08 of this title.

C.

Residential development shall be subject to the High-density Residential (R-3) district requirements as specified in Chapter 19.22 of this title.

D.

Community gardens are permitted subject to the issuance of a permit as provided for in Section 19.102.070 of this title and subject to following the requirements:

1.

The lot or lots used for the garden are owned or leased by a property owner's association, homeowner's association, tenant's association, nonprofit organization or public agency which has established an organizational entity and framework for administration of the garden.

2.

The organizational entity that administers the garden shall establish and enforce rules pertaining to the use of the property and rights of membership. A copy of the adopted rules shall be filed with the Kern County Planning and Community Development Department, together with name and contact information of an individual who oversees the program. The adopted rules shall contain provisions requiring the removal of all structures and materials in the event of the dissolution of the administering entity.

3.

A maximum of five (5) acres shall be used in conjunction with any community garden site established pursuant to this chapter. Larger garden sites may be accommodated through the conditional use permit provisions contained in Chapter 19.104 of this title.

4.

Each community garden site shall be posted with a sign not exceeding sixteen (16) square feet and not exceeding a height of six (6) feet that identifies the site as a community garden and provides essential contact information.

5.

No permanent buildings shall be permitted; however, temporary structures not exceeding one hundred twenty (120) square feet each may be placed on-site for the storage of tools, materials, and equipment used for on-site gardening, if authorized under the rules adopted by the organizational entity that administers the garden. The combined area of all such storage structures shall not exceed ten percent (10%) of the overall garden site area. Benches or picnic tables, composting bins, trash containers, garden art, and designated play areas for children may be provided for the benefit of community garden members, if provided for in the adopted rules governing the use of the site and rights of membership and if determined by the planning director to be clearly accessory and incidental to the community garden. Perimeter and individual plot fencing is permitted and shall not exceed a height of six (6) feet.

6.

The community garden shall be operated and maintained in such a manner so that irrigation water is retained on-site and there are no off-site erosion or sedimentation impacts.

7.

There shall be no on-site sales except for produce grown on-site. One (1) temporary produce stand not exceeding an area of six hundred (600) square feet may be permitted for each community garden site, if provided for in the adopted rules governing the use of the site and rights of membership and considered by the planning director pursuant to Section 19.102.070. Up to two (2) temporary on-site signs not exceeding a combined total of forty-eight (48) square feet to advertise the sale of produce may be authorized in conjunction with a request for a temporary produce stand, as determined by the planning director.

8.

The planning director may impose reasonable conditions in conjunction with approval of a community garden permit that are deemed necessary to safeguard public health, safety, and general welfare.

9.

If public complaints arise from the operations of a community garden authorized by this title or if any such garden creates nuisance impacts on surrounding roads or properties, the planning director may serve written notice upon the community garden property owner and the responsible organizational entity to abate the problem. If the problem continues beyond a reasonable time period as set forth in the planning director's written order, the planning director may schedule a public hearing pursuant to Sections 19.102.020 and 19.102.090 of this title. The planning director shall consider whether or not the community garden may continue to operate and may modify conditions or impose additional conditions deemed necessary to safeguard the public health, safety, and general welfare. If the planning director orders the closure of the community garden, all structures, material, and produce shall be removed from the site within sixty (60) days of the effective date of said order. Any decision of the planning director may be appealed to the board of supervisors, subject to payment of the required filing fee and the applicable provisions specified in Section 19.102.110 of this title.

(Ord. G-4832 § 98, 1988; Prior code § 7060.13)

(Ord. No. G-8226, § 43, 11-8-11)