Chapter 16.103 — COMMERCIAL USE OF RESIDENTIAL STRUCTURES

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. (08-05)

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. (08-05)

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. (08-05)

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.

(08-05)