It is the intent of this chapter to permit the commercial use
of existing residential structures, and lots containing such structures,
in commercial districts, under certain conditions and limitations
as contained herein. Such conditions and limitations are hereby deemed
necessary for the protection of property values and the public welfare
in view of the potential environmental problems which often result
from the uncontrolled commercial use of residential structures.
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The provisions of this chapter shall apply to the commercial
use of any existing building in any commercial district which was
originally designed and constructed for residential use and occupancy,
and the lot upon which said building exists.
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Prior to occupancy of any residential structure for commercial use, and prior to any commercial use of a lot containing a residential structure, a special use and development permit, pursuant to Chapter
16.306, shall be obtained. (A certificate of occupancy, pursuant to Chapter
16.403, is also required.) Commercial uses existing in residential structures as of July 2, 1972 are exempted from this special use and development permit requirement, but no existing commercial uses shall be changed to another commercial use without first obtaining a special use and development permit.
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The following criteria and conditions, in addition to the general criteria for special use and development permits pursuant to Chapter
16.306, shall be met and continuously maintained in conjunction with any commercial use of an existing residential structure, or lot containing such structure:
A. There shall be no combination of residential and commercial uses on one lot except in the CV Claremont Village District or except in mixed residential/commercial use developments permitted in an applicable land use district with the approval of a conditional use permit pursuant to Chapter
16.303.
B. Except
in the CM and CV Districts, no existing residential structure or lot
containing such structure, shall be used for commercial use unless
said structure and lot fronts on a major or secondary highway as designated
on the General Plan.
C. The
off-street parking and setback landscaping standards of this title
shall be met.
D. Any
repainting or remodeling done to the existing residential structure,
or changes to the site development, shall have the prior approval
of the Director.
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