In addition to the objectives set forth in Section 15-05.020, the commercial districts are included in the Zoning Ordinance to achieve the following purposes:

(a)

To provide appropriately located areas for retail stores and service establishments offering goods and services required by residents of the City.

(b)

To provide opportunities for retail stores, offices and service establishments to concentrate for the convenience of the public and in mutually beneficial relationship to each other.

(c)

To promote stable, attractive commercial development which will afford a pleasant shopping environment and will complement the essential residential character of the City.

(d)

To provide space for community facilities which may appropriately be located in commercial areas.

(e)

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

(f)

To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy traffic and other objectionable influences, and from fire, explosion, noxious fumes and other hazards.

(g)

To implement the Saratoga Village Specific Plan, as adopted by the City on May 18, 1988, and thereby achieve the following objectives with respect to the Village:

(1)

Preservation and enhancement of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers and diners.

(2)

Preservation and enhancement of the architectural and landscape quality of the Village.

(3)

Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences.

(4)

Conservation of historic structures.

The following general regulations shall apply to all commercial districts in the City:

(a)

Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(1)

Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages.

(2)

Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter.

(3)

Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter.

(4)

Accessory structures and uses located on the same site as a permitted use.

(5)

Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications subject to design review under Article 15-44.

(6)

Markets with a floor area dedicated to food and drink sales that is less than or equal to twenty-five percent of the establishment's total floor area and two thousand square feet or less.

(b)

Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(1)

Restaurants.

(2)

Markets with a floor area dedicated to food and drink sales that is more than twenty-five percent of the establishment's total floor area or more than two thousand square feet.

(3)

Any establishment engaged in the sale of alcoholic beverages, with the exception of tasting rooms, as provided for in Section 15-19.050(a)(3) of this Code.

(4)

Hotels and motels.

(5)

Bed and breakfast establishments.

(6)

Institutional facilities.

(7)

Community facilities.

(8)

Game arcades.

(9)

Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure.

(10)

Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210 of this Code.

(11)

Public buildings and grounds.

(12)

Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities.

(13)

Accessory structures and uses located on the same site as a conditional use.

(14)

Repealed.

(15)

Tobacco retailers. All tobacco retailers (as defined in Section 15-80.130 of this Article) shall be subject to the permitting requirements and provisions set forth in Section 15-80.130 of this Article.

(c)

Expressly prohibited uses. Without limiting the application of Section 15-05.055(a) of this Chapter, the following uses are expressly declared to be prohibited in all commercial districts:

(1)

Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge which endangers human health or causes damage to animals, vegetation or property.

(2)

Any use which creates offensive odor, vibration, glare or electrical disturbance, detectable beyond the boundaries of the site, or creates a hazard of fire or explosion.

(3)

Any use involving drive-through service, such as restaurants and financial institutions with drive-through windows in all commercial districts with the exception of the CN(RHD) zoning district.

(4)

Any use involving automotive body work, such as collision repair, painting, dismantling or customizing.

(5)

Mini-storage facilities.

(6)

Outdoor sales or storage of motor vehicles.

(d)

Location of building sites. The average natural grade of the footprint underneath any structure shall not exceed thirty percent slope, and no structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that:

(1)

A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and

(2)

An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made.

(e)

Setback area. No use shall occupy any required setback area, except fences, walls, hedges, landscaped areas, walks, driveways and parking areas. No required setback area shall be used for a loading area or for storage.

(f)

Screening, landscaping and fencing.

(1)

Where a site is abutting an A, R-1, HR, R-M or P-A district, a solid wall or fence six feet in height shall be located along the property line between the two districts, except in a required front setback area, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise.

(2)

Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid wall or fence (with solid gates where necessary) not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence.

(3)

All outdoor trash containers and garbage areas shall be fully enclosed by a solid wall or fence and solid gates of sufficient height to screen the same from public view. No trash or garbage containers shall be placed or kept within twenty-five feet from the property line of any site occupied by a dwelling unit. An owner or occupant of a commercial establishment shall comply with the requirements of this subsection within sixty days after receiving a directive from the City to do so.

(4)

Notwithstanding any other provision contained in this subsection (f), the Community Development Director or the Planning Commission may require the installation of a solid fence or wall up to eight feet in height along any property line that abuts a residential district, upon a determination that such fence or wall is necessary to mitigate noise or other adverse impacts of the commercial activity upon the residential use. In the case of an existing commercial development, such fence or wall shall be installed within sixty days after the requirement is imposed by the Community Development Director or the Planning Commission, unless a longer period of time is allowed by the Director or the Commission by reason of extenuating circumstances, including, but not limited to, the installation cost of the new fence or wall, or the value of any existing fence or wall to be demolished, or the cost of removing any existing fence or wall. The design, color and materials of the fence or wall shall be subject to approval by the Community Development Director, based upon a finding that the design, color and materials of the fence or wall will not adversely affect contiguous properties.

(5)

Required pedestrian open spaces, front setback areas, side setback areas, and not less than fifteen percent of any parking lot area, shall be completely landscaped and permanently maintained.

(6)

No credit shall be given against any landscaping or open space requirement imposed by this Article by reason of adjacent public parking facilities or public rights-of-way.

(7)

Whenever screening or landscaping is required by the provisions of this Article, or as a condition of any project approval, the owner or occupant of the property shall keep and maintain such screening and landscaping in good condition and repair.

(8)

Except as otherwise provided in this subsection (f), fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter.

(g)

Signs. No sign of any character shall be erected or displayed in any C district, except as permitted under the regulations set forth in Article 15-30 of this Chapter.

(h)

Off-street parking and loading facilities. Except in the case of a site located within and constituting a part of a City parking district, off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter.

(i)

Design review. All structures shall be subject to design review approval in accordance with the provisions of Article 15-46 of this Chapter to the extent not precluded by another section of this Chapter or State Law.

(j)

Set-up and cleaning of commercial establishments. Set-up and cleaning activities conducted at restaurants and other commercial establishments located immediately adjacent to a residential area, which generate any noise audible to the occupants of the adjacent residences, including noise generated by the operation of delivery or service vehicles, shall not begin prior to one hour before the normal opening time of the establishment or extend later than one hour after the normal closing time of the establishment, or such other times as may be specified in a use permit, license, or other entitlement granted by the City for such establishment.

(Amended by Ord. 71.91 §§ 3, 4, 1991; Ord. 71.113 (part), 1992; Ord. 71.122 § 1 (part), 1993; Ord. 71-163 § 1 (part), 1996; Ord. 211 § 2, 2002; Ord. 236 § 2C, 2005; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 274, § 2(att. A), 10-7-2009; Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 292, § 1(Exh. A), 7-18-2012; Ord. No. 302, § 1, 2-6-2013; Ord. No. 305, § 1, 5-1-2013; Ord. No. 307, § 1.C.10, 10-16-2013; Ord. No. 315, §§ 1.4, 1.6, 4-2-2014; Ord. No. 320, § 1.F.17, 11-5-2014; Ord. No. 399, § 1(Att. 1), 4-3-2024)

(a)

Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-N district:

(1)

Professional and administrative offices.

(2)

Financial institutions.

(3)

Personal service businesses.

(4)

Religious and charitable institutions.

(5)

Christmas tree and pumpkin sales lots.

(6)

Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and (j) and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as they may be amended from time to time.

(7)

Group homes, Class 1 and Class 2.

(b)

Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-N district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter.

(1)

Mixed-use development with a maximum residential density of twenty units/acre that conforms to the standards found in Article 15-58. This density shall also apply to any project allowed in this district pursuant to State law.

(2)

Medical offices and clinics.

(3)

Group homes, Class 3.

(c)

Site area. The minimum net site area of any lot in a C-N district shall be ten thousand square feet.

(d)

Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N district shall be as follows:

(e)

Coverage. The maximum net site area covered by structures on any lot in a C-N district shall be sixty percent.

(f)

Front, side, and rear setback areas. For any nonconforming site in the C-N district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-N district, the minimum setback area requirements in the C-N district, are as follows:

(1)

Front setback area. The minimum front setback area of any lot in a C-N district shall be ten feet; except that on a site abutting and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet.

(2)

Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N district, subject to the following exceptions:

(i)

On a lot abutting an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such other district shall be twenty feet.

(ii)

On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback area shall be ten feet.

(g)

Height of structures. The maximum height of any structure in a C-N district shall be twenty feet, unless the structure contains residential units, in which case it shall not exceed thirty-five feet and three stories.

(h)

Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales lots.

(i)

Screening, landscaping and fencing. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site.

(Amended by Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2D, 2005; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 354, § 1(Exh. A), 12-20-2017; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 405, § 1(Att. 1.2), 10-15-2024)

(a)

Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-N(S) district:

(1)

Professional and administrative offices.

(2)

Financial institutions.

(3)

Personal service businesses.

(4)

Religious and charitable institutions.

(5)

Christmas tree and pumpkin sales lots.

(b)

Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-N(S) district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter.

(1)

Medical offices and clinics.

(c)

Site area. The minimum net site area of any lot in a C-N(S) district shall be ten thousand square feet.

(d)

Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N district shall be as follows:

(e)

Coverage. The maximum net site area covered by structures on any lot in a C-N(S) district shall be sixty percent.

(f)

Front, side, and rear setback areas. For any nonconforming site in the C-N(S) district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-N(S) district, the minimum setback area requirements in the C-N(S) district, are as follows:

(1)

Front setback area. The minimum front setback area of any lot in a C-N(S) district shall be ten feet; except that on a site abutting and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet.

(2)

Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N(S) district, subject to the following exceptions:

(i)

On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum exterior side setback area shall be not less than one-half of the required front setback area of the abutting lot.

(ii)

Except as otherwise provided in subsection (f)(2)(i) of this Section, on a lot abutting an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such other district shall be thirty feet.

(iii)

On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback area abutting to such street or alley shall be ten feet.

Where a side or rear setback area is required under any of the foregoing provisions, one foot shall be added to the required setback area for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line for such setback area exceeds fourteen feet in height.

(g)

Height of structures. The maximum height of any structure in a C-N(S) district shall be twenty feet.

(h)

Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales lots.

(i)

Screening, landscaping and fencing. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site.

(Amended by Ord. No. 277, § 1(Exh. A), 4-21-2010; Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 313, § 1.2, 2-5-2014; Ord. No. 324, § 1.1, 12-17-2014; Ord. No. 354, § 1(Exh. A), 12-20-2017; Ord. No. 361, § 1(Exh. A), 2-6-2019; Ord. No. 399, § 1(Att. 1), 4-3-2024)

(a)

Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-V district:

(1)

Professional and administrative offices.

(2)

Financial institutions.

(3)

Personal service businesses.

(4)

Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and (j) and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as they may be amended from time to time.

(5)

Group homes, Class 1 and Class 2.

(b)

Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-V district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(1)

Religious and charitable institutions.

(2)

Mixed-use development with a maximum residential density of twenty (20) units/acre that conforms to the standards found in Article 15-58. This density shall also apply to any project allowed in this district pursuant to State law.

(3)

Medical offices and clinics.

(4)

Mortuaries.

(5)

Theaters.

(6)

Automobile upholstering shops, provided all operations are conducted within an enclosed structure.

(7)

Group homes, Class 3.

(c)

Site area. The minimum net site area of any lot in a C-V district shall be ten thousand square feet.

(d)

Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-V district shall be as follows:

(e)

Coverage. The maximum net site area covered by structures on any lot in a C-V district shall be sixty percent.

(f)

Front, side, and rear setback areas. For any nonconforming site in the C-V district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-V district, the minimum setback area requirements in the C-V district, are as follows:

(1)

Front setback area. The minimum front setback area of any lot in a C-V district shall be ten feet; except that on a site abutting and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet.

(2)

Side and rear setback areas. The minimum side setback area of any lot in a C-V district shall be ten feet and the minimum rear setback area of any lot in a C-V district shall be thirty feet, subject to the following exceptions:

(i)

One foot shall be added to the minimum side setback area for each one foot of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height.

(ii)

One foot shall be added to the minimum rear setback area for each one foot of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such setback area exceeds fourteen feet in height.

(iii)

On a corner lot, the minimum exterior side setback area shall be twenty feet.

(g)

Height of structures. The maximum height of any structure in a C-V district shall be twenty feet, unless the structure contains residential units, in which case it shall not exceed thirty-five feet and three stories.

(h)

Screening, landscaping and fencing.

(1)

An area not less than ten feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site.

(2)

A use not conducted within a completely enclosed structure shall be screened by a solid wall or fence, vine-covered fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height. This requirement shall not apply to off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, and Christmas tree and pumpkin sales lots.

(Amended by Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2E, 2005; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 354, § 1(Exh. A), 12-20-2017; Ord. No. 399, § 1(Att. 1), 4-3-2024)

(a)

Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in the CH-1 and CH-2 districts:

(1)

Professional, administrative and medical offices and financial institutions, when located either above the street level or at the street level if separated from the street frontage by a retail establishment; and

(2)

Personal service businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line; and

(3)

Tasting rooms, not exceeding four thousand square feet in area, which provide direct customer service on site between the hours of 8:00 A.M. and 11:00 P.M.

(4)

Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and (j) and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as they may be amended from time to time.

(5)

Group homes, Class 1 and Class 2:

(b)

Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in the CH-1 and CH-2 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(1)

Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage.

(2)

Theaters.

(3)

Religious and charitable institutions.

(4)

Mixed-use development with a maximum residential density of twenty (20) units/acre that conforms to the standards found in Article 15-58. This density shall also apply to any project allowed in this district pursuant to State law.

(5)

Personal service businesses at the street level that have primary access from Big Basin Way or across the front lot line.

(6)

Group homes, Class 3.

(d)

Site frontage, width and depth. The minimum site frontage, width and depth in each C-H district shall be as follows:

(e)

Coverage; pedestrian open space.

(1)

In the CH-1 district, the maximum net site area covered by structures shall be eighty percent, except that up to one hundred percent of the site may be covered by structures if, for any structure coverage in excess of eighty percent, an equivalent area on the site is devoted to pedestrian open space.

(2)

In the CH-2 district, the maximum net site area covered by structures shall be sixty percent. In addition, an area equivalent to not less than twenty percent of the net site area shall be devoted to pedestrian open space. All or any portion of the required front setback area may be used for pedestrian open space.

(3)

The term "pedestrian open space," as used in subsections (e)(1) and (2) of this Section, means common areas open to the public where pedestrians may walk or gather, such as plazas and arcades, which are designed to be visible and accessible to pedestrians on streets, sidewalks and parking facilities adjacent to the site.

(f)

Front, side, and rear setback areas. For any nonconforming site in the C-H district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-H district, the minimum setback area requirements in the C-H district, are as follows:

(1)

Front setback area. No front setback area shall be required in the CH-1 district. The minimum front setback area of any lot in the CH-2 district shall be fifteen feet.

(2)

Side setback area. No side setback area shall be required in either the CH-1 or CH-2 district.

(3)

Rear setback area. No rear setback area shall be required in the CH-1 district. No rear setback area shall be required for any lot in the CH-2 district having a rear lot line that abuts a public right-of-way, public parking district, Saratoga Creek, or the CH-1 district. Where the rear lot line of any lot in the CH-2 district abuts an A, R-1, HR, or R-M district, the minimum rear setback area shall be thirty feet, plus one foot for each two feet of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such setback area exceeds fourteen feet in height.

(g)

Height of structures. The maximum height of any structure in each C-H district shall be thirty-five feet and three stories.

(h)

Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, garden shops and outdoor dining.

(i)

Exceptions to standards for historic structures. The Planning Commission shall have authority to grant exceptions to any of the development standards contained in this Section, without the granting of a variance, if the subject of the application is a structure which has been designated as a historic landmark pursuant to Article 13-15 of this Code, and the Planning Commission finds and determines that:

(1)

The exception will facilitate preservation of the historic structure; and

(2)

The application and the proposed exception have been reviewed and approved by the City's Heritage Commission; and

(3)

The exception will not be detrimental to the use and enjoyment of other properties in the vicinity; and

(4)

The exception will not adversely affect the movement of vehicular and pedestrian traffic, or the availability of on-street parking, and will not create a hazard to the public safety.

(j)

Live or recorded music. A commercial establishment may have amplified or acoustic music outside a building upon issuance of an outdoor music permit pursuant to Section 7-30.090(b) or inside a building pursuant to Section 7-30.060(g) without such a permit.

(Amended by Ord. 71-108 § 1, 1992; Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2F, 2005; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 277, § 1(Exh. A), 4-21-2010; Ord. No. 292, § 1(Exh. A), 7-18-2012; Ord. No. 298, § 1.A.4., 9-5-2012; Ord. No. 354, § 1(Exh. A), 12-20-2017; Ord. No. 399, § 1(Att. 1), 4-3-2024)

Notwithstanding the provisions of Section 15-65.020(e)(1) of this Chapter, any clinic operating no earlier than 7:00 A.M. and no later than 9:00 P.M., any establishment engaged in the sale of alcoholic beverages and any restaurant, market or delicatessen which, as of September 6, 1989, was lawfully established and legally operating as a permitted use, shall be exempted from the necessity to obtain a use permit for continuation of such use, but in all other respects shall be regarded as a nonconforming use. Any ministorage facility lawfully operating pursuant to a use permit granted prior to September 6, 1989, may continue to operate pursuant to the terms and conditions of such use permit.

(Amended by Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 337, § 1, 12-2-2015)