(a)

Permitted uses. The following uses shall be permitted in the C-1 District:

(1)

Retail uses, including, but not limited to, food markets, drug stores, liquor stores and retail restaurants, but excluding firearms sales and any marijuana operation as defined in Article 48 of this chapter;

(2)

Personal services, such as professional offices, shoe repair, barber and beauty shops, laundries and dry cleaning establishments, banks and financial institutions, and massage establishments under six hundred forty (640) square feet of treatment floor space (see licensing requirements Title 5, Chapter 19);

(3)

Business and administrative offices when located entirely above the ground floor of any commercial structure;

(4)

Art galleries and instructional studios for dance and arts or crafts and craft production shops; and

(5)

In the Coastal Zone, visitor-serving commercial uses, as defined in Section 9-4.4302(av) of Article 43 of this chapter; and

(6)

Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5.

(b)

Conditional uses. Conditional uses allowed in the C-1 District, subject to obtaining a use permit, shall be as follows:

(1)

Service stations;

(2)

Retail alcohol sales in conjunction with service stations;

(3)

Mini-markets and similar retail uses in conjunction with services stations;

(4)

Conversion of service stations from full service to self-service;

(5)

Motels and drive-in restaurants;

(6)

Veterinary hospitals and clinics (small animals);

(7)

Special care and child care facilities;

(8)

Business and administrative offices, if located on the ground floor;

(9)

Amusement machine arcades as a new or a part of an existing use;

(10)

Massage establishments with six hundred forty (640) square feet or larger of treatment floor space;

(11)

One or more dwelling units in the same building as a commercial use when located entirely above the ground floor. Density shall be controlled by a minimum lot area per dwelling unit of two thousand (2,000) square feet;

(12)

Restaurants and fast food restaurants;

(13)

Pet care and sales establishments, including boarding and grooming; and

(14)

Health/fitness clubs.

(§ II, Ord. 350-C.S., eff. November 10, 1982, as amended by § V, Ord. 440-85, eff. March 13, 1985, § VI (A), Ord. 491-C.S., eff. October 28, 1987, § 3, Ord. 538-C.S., eff. December 27, 1989, § III (A), Ord. 610-C.S., eff. March 16, 1994, §§ VI and VII, Ord. 641-C.S., eff. May 8, 1996 and § 1, Ord. 723-C.S., eff. February 24, 2005; Ord. No. 769-C.S., § 6, eff. December 23, 2009; § 3, Ord. No. 809 C.S., eff. October 12, 2016; § 8, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019; § 3, Ord. 846-C.S., eff. September 11, 2019; § 6, Ord. 854-C.S., eff. February 26, 2020)

Development regulations in the C-1 District shall be as follows:

(a)

Minimum building site: 5,000 square feet;

(b)

Minimum lot dimensions: fifty (50′) foot width;

(c)

Setbacks: none, unless established by the site development permit;

(d)

Minimum landscape area: ten (10%) percent;

(e)

Maximum height: thirty-five (35′) feet;

(f)

Parking: as set forth in Article 28 of this chapter;

(g)

Permits for site development: as set forth in Article 32 of this chapter;

(h)

All uses shall be conducted entirely within an enclosed structure, except as otherwise provided in Article 23 of this chapter;

(i)

A use permit shall be required for all new construction projects abutting an R District. A use permit may be required for any change of use when the site abuts an R District. The use permit determination process described below may be utilized for any change of use when a site abuts an R District if the use is a permitted use in the district and when hours are limited to 8:00 a.m. to 9:00 p.m. Within five (5) working days after the submittal of a written request for any new use set forth in this subsection, the Planning Administrator shall determine in writing whether a use permit shall be required. Such determination shall be based on an analysis of the compatibility of the proposed use with adjacent residential development, including, but not limited to, noise, traffic, circulation, odors, hours of operations, site design and improvements. In the event the Planning Administrator determines that no use permit is required, the decision shall be placed on the next Commission agenda as an administrative calendar item, and any two (2) Commissioners may request that a use permit be obtained. Existing individual shopping centers may apply for a use permit for a master list of uses permitted without further use permits;

(j)

In the Coastal Zone, when a new use or a change of use is proposed, a use permit determination shall be required for all permitted uses other than visitor-serving commercial uses. The process for a use permit determination shall be as set forth in Section 9-4.1002(i). The determination of the Planning Administrator shall be based on an analysis of the balance of visitor-serving commercial uses with other commercial uses, and consistency with the individual neighborhood narratives and the plan conclusions and other relevant policies of the LCP Land Use Plan. The provisions of Section 9-4.4410 shall also apply; and

(k)

A use permit for one or more residential dwelling units shall be required prior to establishment of accessory dwelling units and junior accessory dwelling units, as provided in Article 4.5 of this chapter.

(§ II, Ord. 350-C.S., eff. November 10, 1982, as amended by § 3 Ord. 554-C.S., eff. June 13, 1990, and § III (B) and (C), Ord. 610-C.S., eff. March 16, 1994; § 6, Ord. 854-C.S., eff. February 26, 2020)