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COMMERCIAL DISTRICTS- 19.06
19.06.025 PROHIBITED USES MC 1233 10/2/06
1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino
Municipal Code, including the Development Code, no Conditional Use Permit,
Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification
Review(also referred to as"Zoning Consistency Review"), shall be issued or granted for the
establishment of a new business, or the relocation of an existing business, in the City of San
Bernardino within the following categories of commercial uses:
A. Smoke Shops — Establishments that either exclusively or as a substantial portion
(+50%) of their floor area, sell cigarettes, cigars, pipes, bongs, tobacco, and related
paraphernalia.
B. Single-price overstock/discount store — Establishments that sell a broad range of
outlet, close-out, discontinued, liquidation, or overstock and general merchandise
primarily at a single discount price and/or in the low and very low price ranges
including, but not limited to, food stuffs, alcoholic beverages, apparel and
accessories, costume jewelry, notions and wares, housewares, fountain refreshments,
and toys.
C. Tattoo Parlors and/or Body Piercing Studios — Establishments that engage in any
method of placing permanent designs, letters, scrolls, figures, symbols, or any other
marks upon or under the skin with ink or any other substance, by the aid of needles
or any other instruments designed to touch or puncture the skin, resulting in either
the coloration of the skin,or the production of scars or scarring and/or establishments
that create an opening in the body of a person for the purpose of inserting jewelry or
other decoration. This category shall not include licensed physicians, nurses,
electrologists, and cosmetologists and shall also not include jewelry stores that offer
ear piercing.
D. Second Hand Stores/Thrift Stores — Establishments that sell used merchandise such
as clothing and shoes, household furniture, home furnishings and appliances, books
and magazines, office furniture, used musical instruments, used phonographs and
records, used fixtures and equipment, including re-sale shops, consignment shops,
and similar businesses. This category shall not include the following:
1. Stores owned or operated by existing entities recognized as non-profit by the
Secretary of State of the State of California, and in "good status" with the
same.
�` �•°c Antique Stores — An antique, for the purposes of this ordinance, shall be a
work of art, piece of furniture, decorative object, or the like, of or belonging
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= to the past, and at least 50 years old. This includes any premise used for the
a, sale or trade of articles of which 90% or more are over 50 years old or have
I collectible value.
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E Existing, legally established indoor concession malls and outdoor swap
CD meets,unless otherwise prohibited.
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COMMERCIAL DISTRICTS- 19.06
E. Check-Cashing, Cash Advance, and Loan Facilities—Establishments that engage, in
whole or in part, in the business of cashing checks,warrants, drafts,money orders, or
other commercial paper serving the same purpose, such facilities do not include a
state or federally chartered bank, savings and loan association, credit union, or
industrial loan company.
1. This category shall include any business licensed by the California
Commissioner of Corporations to make deferred deposit transactions
pursuant to California Financial Code Section 23000 et seq., sometimes
referred to as"payday advance,""cash advance,"or"payday loan"services.
2. This category shall not include any ancillary check-cashing facility that is
located entirely within a major retailer over 15,000 square feet in size.
F. Convenience Stores (if located within a one mile radius or another convenience
store)—The retail sale of groceries, staples, sundry items, and/or alcoholic beverages
where the gross floor area is less than 5,000 square feet. This category shall not
include any convenience store located on the same parcel with a service station
(gasoline station).
G. Pawn Shops—Businesses that loan money or other items of value to any person, firm
or corporation, upon any personal property, personal security or the purchasing of
personal property and reselling or agreeing to resell such articles at prices previously
agreed upon. This category shall not include any legally established pawnshop in an
unreinforced masonry building to be relocated to another building within 50 feet of
the current location.
H. Automotive Stereo Shops—Establishments that either exclusively or as a substantial
portion(+50%)of their floor area, sell and install automotive stereos and accessories.
This category shall not apply to the establishment of a new Automotive Stereo shop
in the Auto Center Plaza area.
I. Tire Stores—Establishments less than 5,000 square feet in size which sell new and/or
used automobile tires and accessories. This category shall not include legally
established service stations and auto repair facilities.
J. Self-service Laundry — Any commercial establishment providing the use of self-
service washing machines and dryers to the public,usually coin-operated.
K. Recycling Center— Small collection facilities which occupy an area of less than 500
square feet, and which accept by donation, redemption or purchase, recyclable
materials from the public.
L. Party Supply Stores — Establishments that either exclusively or as a substantial
portion of their floor area, sell or rent party supplies and equipment.
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COMMERCIAL DISTRICTS- 19.06
2. Section 19.06.025(1) shall not apply to any of the enumerated uses if established in a
shopping center or mall containing over 200,000 square feet of floor area and that have at
least one major commercial-anchor-tenant.
3. Section 19.06.025(1) shall not apply to any of the enumerated uses if that use is exclusively
established in single independent building exceeding 25,000 square feet in size
19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
1. GENERAL STANDARDS
A. The following standards are minimum unless stated as maximum. See Table 06.02.
B. COMMERCIAL LAND USE DISTRICT STANDARDS
The following standards shall apply to development in all commercial districts,
except as otherwise provided for in this Development Code:
1. All indoor uses shall be conducted within a completely enclosed structure.
Limited outside uses (e.g. patio dining areas and nursery sales limited to
plants and trees) or permanent outdoor sales and display areas, for major
tenants (15,000 sq. ft. or greater) shall be approved with a Development
Permit. Temporary outdoor sales and displays are permitted pursuant to
Chapter 5.22 of the Municipal Code. MC 972 7/4/96
2. There shall be no visible storage of motor vehicles (except display areas for
sale or rent of motor vehicles),trailers,airplanes,boats,recreational vehicles,
or their composite parts; loose rubbish, garbage, junk, or their receptacles;
tents; equipment; or building materials in any portion of a lot. No storage
shall occur on any vacant parcel. Building materials for use on the same
premises may be stored on the parcel during the time that a valid building
permit is in effect for construction.
3. Every parcel with a structure shall have a trash receptacle on the premises.
The trash receptacle shall comply with adopted Public Works Department
standards and be of sufficient size to accommodate the trash generated. The
receptacle(s) shall be screened from public view on at least 3 sides by a solid
wall 6 feet in height and on the fourth side by a solid gate not less than 5 feet
in height. The gate shall be maintained in working order and shall remain
closed except when in use. The wall and gate shall be architecturally
compatible with the surrounding structures.
4. All roof-mounted air conditioning or heating equipment, vents or ducts shall
not be visible from any abutting lot, or any public street or right-of-way.
This shall be accomplished through the extension of the main structure or
roof or screened in a manner which is architecturally integrated with the main
structure(s).
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