Note: Prior ordinance history: Ord. Nos. 9478, 9674, 9785, 9800, NS-18, NS-180, NS-240, NS-439, and NS-492.
A. 
The intent and purpose of the C-T commercial tourist zone is to:
1. 
Implement the travel/recreation commercial (TR) land use designation of the Carlsbad general plan;
2. 
Provide for the development of tourist-oriented attractions and commercial uses that serve the travel and recreational needs of tourists, residents, as well as employees of business and industrial centers; and
3. 
Provide regulations and development standards to ensure such uses are compatible with and designed to protect surrounding properties, ensure safe traffic circulation, and promote economically viable tourist-oriented areas of the city.
(Ord. NS-769 § 2, 2005)
It is intended that the C-T commercial tourist zone be placed on properties located near major transportation corridors or recreation areas as designated by the general plan and any applicable specific plans.
(Ord. NS-769 § 2, 2005)
A. 
In the C-T zone, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter.
B. 
The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42 of this title.
C. 
A use similar to those listed in Table A may be permitted if the City Planner determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses.
D. 
A use category may be general in nature, where more than one particular use fits into the general category (ex. in some commercial zones "offices" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this C-T zone (even under a general use category) unless it is specifically listed in Table A of this chapter as permitted or conditionally permitted.
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates use is permitted.
"CUP" indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process
2 = Planning Commission hearing process
3 = City Council hearing process
"Acc" indicates use is permitted as an accessory use.
Use
P
CUP
Acc
Accessory uses/structures, which are customarily appurtenant to a permitted use (e.g., incidental storage facilities) (see note 1, below) (defined: Section 21.04.020)
 
 
X
Airports
 
3
 
Amusement parks
 
3
 
Aquaculture (defined: Section 21.04.036)
 
2
 
Aquariums
 
2
 
Arcades (coin-operated) (subject to Section 21.42.140(B)(15); defined: Section 21.04.091)
 
1
 
Art galleries
X
 
 
Athletic clubs, gymnasiums, health clubs
X
 
 
ATM kiosks (see note 1, below)
 
 
X
Automobile rental (no auto repair)
X
 
 
Bait shops (accessory to a recreation facility)
 
1
 
Bars, cocktail lounges (subject to Section 21.42.140(B)(20); defined: Section 21.04.041)
 
2
 
Bed and breakfasts (subject to Section 21.42.140(B)(25); defined: Section 21.04.046)
 
1
 
Biological habitat preserve (subject to Section 21.42.140(B)(30); defined: Section 21.04.048)
 
2
 
Boat launching/docking facilities
 
2
 
Botanical gardens
X
 
 
Bowling alley, subject to Section 21.42.140(B)(35); defined: Section 21.04.057)
 
2
 
Campsites (overnight) (subject to Section 21.42.140(B)(40))
 
2
 
Car wash (accessory to an automobile service station), subject to Section 21.42.140(B)(45)
 
2
 
Cemeteries
 
3
 
Churches, synagogues, temples, convents, monasteries, and other places of worship
 
2
 
Commercial artisan studios/retail (e.g., jewelry arts, painting, pottery, glass blowing, etc.)
X
 
 
Cultural activities and facilities
 
2
 
Delicatessen (defined: Section 21.04.106)
X
 
 
Drive-thru facilities (not restaurant)
 
2
 
Educational institutions or schools, public/private (defined: Section 21.04.140)
 
2
 
Entertainment activities and facilities
 
2
 
Fairgrounds
 
3
 
Farmers markets
 
2
 
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4)
 
1
 
Florists
X
 
 
Food stores (specialty) (e.g., ice cream, candy, deli, bakery, pastry shop, fish market)
X
 
 
Gas stations (subject to Section 21.42.140(B)(65))
 
2
 
Golf courses (see note 2, below)
 
2
 
Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70))
 
1
 
Grocery/produce/convenience stores (not to exceed 2,500 sq. ft.)
X
 
 
Hotels/motels
X
 
 
Mobile buildings (temporary) (subject to Section 21.42.140(B)(90); defined: Section 21.04.265)
 
2
 
News/magazine stands (see note 1, below)
 
 
X
Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound
 
2
 
Outdoor dining (incidental), subject to Section 21.26.013
X
 
 
Packing/sorting sheds > 600 square feet, subject to Section 21.42.140(B)(70)
 
1
 
Parking facilities (primary use) (i.e. day use, short-term, nonstorage)
 
2
 
Photography equipment sales/services (cameras, supplies, film development)
X
 
 
Pool halls/billiard parlors (subject to Section 21.42.140(B)(110); defined: Section 21.04.292)
 
2
 
Produce stands
 
1
 
Public meeting halls, exhibit halls, and museums
 
2
 
Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297)
 
2
 
Racetracks
 
2
 
Radio/television/microwave/broadcast station/tower
 
2
 
Recreation facilities
 
2
 
Recycling collection facilities (small) (subject to Chapter 21.105; defined: Section 21.05.015)
 
1
 
Recycling collection facilities (large) (subject to Chapter 21.105; defined: Section 21.05.015)
 
2
 
Restaurants, cafes, coffee shops, including take-out only (no drive-thru)
X
 
 
Restaurants (located adjacent to residentially developed or designated property, no drive-thru)
 
2
 
Retail (specialty - catering to tourists) (e.g., antique stores, bookstores, souvenir/gift/novelty shops, specialty apparel shops)
X
 
 
Satellite TV antennas (subject to Sections 21.53.130 through 21.53.150 [see note 1, below]; defined: Section 21.04.302)
 
 
X
Services (personal), limited to drycleaners, laundromats, and personal grooming (e.g., barbershops, beauty salons, day spas)
X
 
 
Signs, subject to Chapter 21.41 (see note 1, below) (defined: Section 21.04.305)
 
 
X
Sporting equipment/apparel sales/rental
X
 
 
Stadiums
 
3
 
Theaters (motion picture or live) - Indoor
 
2
 
Theaters, stages, amphitheaters - Outdoor
 
2
 
Time-share projects (subject to Section 21.42.140(B)(155); defined: Section 21.04.357)
 
3
 
Tourist information centers
X
 
 
Transit passenger terminals (bus and train)
 
2
 
Travel agencies
X
 
 
Vacation rental office
X
 
 
Video rental/sales
X
 
 
Windmills (exceeding height limit) (subject to Section 21.42.140(B)(160))
 
2
 
Wireless communication facilities (subject to Section 21.42.140(B)(165))
 
1 / 2
 
Zoos (private) (subject to Section 21.42.140(B)(170))
 
2
 
Notes:
1.
Accessory uses shall be developed as an integral part of a permitted use within or on the same structure or parcel of land.
2.
A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned community development.
(Ord. NS-769 § 2, 2005; Ord. NS-791 § 22, 2006; Ord. CS-164 § 10, 2011; Ord. CS-189 §§ XXIX, XXX, 2012)
A. 
No building in the C-T zone shall exceed a height of thirty-five feet or three levels, and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. Additional building height may be permitted to a maximum of forty-five feet through a site development plan approved by the City Council provided that:
1. 
The building does not contain more than three levels;
2. 
All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space;
3. 
The building conforms to the requirements of Section 18.04.170 of this code; and
4. 
The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet; with the exception of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet if the council makes the specific findings that the protruding architectural features:
a. 
Do not function to provide usable floor area;
b. 
Do not accommodate and/or screen building equipment;
c. 
Do not adversely impact adjacent properties; and
d. 
Are necessary to ensure a building's design excellence.
(Ord. NS-769 § 2, 2005)
On any lot where the side or rear lot line abuts property in any R zone and no alley intervenes, no building shall be erected closer than ten feet to such lot line; provided, further, if such a lot abuts upon an alley, no building shall be erected closer than five feet to the rear lot line of such lot.
(Ord. NS-769 § 2, 2005)