Contra Costa County Municipal Code § 84-50.1604 Application

All land within an N-B neighborhood business district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159 (part): Ord. 937: Ord. 479).

Article 84-50.4. Uses

(a) Uses permitted in the N-B district shall be those uses for the carrying on of a neighborhood business, which is the barter, sale or exchange, to the consumer, of goods and services necessary for the day-to-day maintenance of a family. Neighborhood business uses shall be maintained and conducted wholly within enclosed buildings, except that areas set aside for the temporary parking of patrons' vehicles need not be enclosed.

(b) Permitted uses shall include the following and other of like character:

(1) Bakery goods shops;

(2) Barber and beauty shops;

(3) Delicatessen shops;

(4) Drugstores;

(5) Grocery stores;

(6) Laundry and cleaning agencies and press shops;

(7) Meat markets;

(8) Variety stores;

(9) Shoe repair shops;

(10) Professional offices; and

(11) Real estate offices.

(Ord. No. 2022-03, § IX, 5-24-22; Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(a): Ord. 937: Ord. 479).

In the N-B district, the following uses are permitted after the issuance of a land use permit:

(1) Structure having three or more residential apartment units;

(2) Gasoline service stations;

(3) Reserved;

(4) Where a road, having a right-of-way width of 55 feet or less, forms the common boundary between a district of this classification and a district of any residential classification, no access to property in the district of this classification adjacent to such common boundary shall be permitted to or from such road until a land use permit therefor has been obtained. The permit will be determined by the effects of traffic upon such a road occasioned by use within such district, the characteristics of the adjacent areas, traffic problems, pedestrian traffic, and other considerations found pertinent to the particular area concerned.

(Ord. No. 2022-03, § X, 5-24-22; Ord. 67-27 § 1, 1967: Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(b): Ord. 937: Ord. 479).

Article 84-50.6. Lots

All buildings or parts of buildings hereafter erected or altered for use for neighborhood business shall be situated on a lot at least thirty-five hundred square feet in area, and at least thirty-five feet in average width.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(c): Ord. 937: Ord. 479).

Article 84-50.8. Building Height

No building or structure or part of it hereafter erected for a neighborhood business use shall be more than fifty feet high above the highest point of ground elevation on the lot on which the building is erected.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(d): Ord. 937: Ord. 479).

Article 84-50.10. Yards

No side yards are required.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(c): Ord. 937: Ord. 479).

Every structure erected for neighborhood business use and every structure accessory to it shall be located at least twenty-five feet from the boundary line of any existing public road or highway.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(f): Ord. 937: Ord. 479).

Article 84-50.12. Land Use and Variance Permits

Land use permits for the special uses enumerated in Section 84-50.402 and variance permits to modify the provisions contained in Sections 84-50.602, 84-50.802 and 84-50.1004 may be granted after application in accordance with Chapter 82-6.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(g): Ord. 937: Ord. 479).

Article 84-50.14. Planned District

When the board of supervisors finds, after proceedings for the precise zoning of an area have been taken by the planning commission, that one or more contiguous parcels of land are in a location and contain an area of size and shape adequate to provide neighborhood facilities needed to serve adjoining districts, these parcels may be established as a planned neighborhood business district. The purpose of a planned neighborhood business district is to provide an integrated plan for location of and proper relationships between buildings, control of area and height of buildings, adequate off-street parking, loading facilities, limitation of land uses, and locations of access for pedestrian and vehicular traffic, including ingress to and egress from public streets or ways or from any parcel to the other parcels, in order to provide overall arrangements for shopping facilities best suited to the public use. A planned neighborhood business district is to be established and developed with that purpose in mind, as provided in Sections 84-50.1404 — 84-50.1418.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h) (part): Ord. 937: Ord. 479).

An enlarged detailed map shall be made a part of the zoning ordinance of this county, designating the parcel or parcels included on it as a planned neighborhood business district. The map shall delineate locations of access, sites for the placement of buildings and spaces about buildings, and off-street parking areas integrated for the district as a whole.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(l): Ord. 937: Ord. 479).

Buildings may be erected within the sites shown on the enlarged detailed map, but may not exceed in area one-fourth of the total area of the parcel on which the buildings are erected, except that a variance permit to modify this provision may be given by the zoning administrator. The owner of the parcel may erect buildings up to the full one-fourth of total areas but no owner shall subdivide any parcel by selling or conveying any part of the parcel if either the part remaining or any part sold or conveyed contains buildings in excess of one-fourth of the total area: in addition to any other remedy available to parties interested for the violation of this provision, no building permit shall be issued to any person for construction of any building on any part of the subdivided parcel until all parts of the parcel in separate ownerships satisfy the building area limitations of this section. "Building," as used in this section, includes service station pump islands, open or covered storage areas, covered ground floor or multi-storied parking facilities, but does not include covered porches, walkways, colonnades, porticos, peristyles, breezeways, and other structures of similar design and purpose, provided that the areas within such structures are not intended or used for the storage of chattels, the sale of goods or merchandise or the carrying on of any other commercial activity.

(Ord. 67-29 § 1, 1967: Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(2): Ord. 937: Ord. 479).

Vehicular access from public streets to parcels and from one parcel to another shall occur only at the locations indicated on the enlarged detailed map.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(3): Ord. 937: Ord. 479).

Areas of any parcel in a planned neighborhood business district on which no building is erected may be used for the following uses and purposes, except that there shall not be obstructions of locations of access other than legally required to prevent acquisition by adverse possession or prescription: walks, drives, curbs, gutters, parking areas, utility structures, light poles, sign poles and signs, and landscaping features. Within areas on which no building is erected at least two and one-half square feet of parking space must be made available for each one square foot of area occupied by buildings on the same parcel; this ratio may be reduced by land use permit to not less than one and one-half square feet of parking space for each one square foot of building area occupied by buildings on the same parcel, when the public body issuing the land use permit finds:

(1) That the reduction will not be contrary to the intent or the purpose of Section 84-50.1402 — 84-50.1418 or contrary to the public interest, safety, health, and welfare;

(2) That because of special conditions or exceptional characteristics of the parcel or its location or surroundings, adherence to the exact limitations of Section 84-50.1402 — 84-50.1418 would be unreasonable;

(3) That reduction of parking area will not impair the integrated plan for shopping facilities in the planned neighborhood business district.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(4): Ord. 937: Ord. 479).

Anything in Section 82-2.008 notwithstanding, no building or part of it located in a planned neighborhood business district shall be more than two stories nor more than thirty feet high to top-plate of the building, and no structure other than a building, including signs, shall be higher than any building on the same parcel. Signs not attached to any building may have a height not greater than twenty-five feet. The foregoing limitations shall not affect public utilities structures and television antennae.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(5): Ord. 937: Ord. 479).

Uses allowed in a planned neighborhood business district shall be those allowed in an R-B retail business district and the N-B neighborhood business district except the following which shall not be allowed:

(1) Residential uses including hotels and motels, except living accommodations of an accessory nature;

(2) Nonaccessory signs;

(3) Roof signs, except gasoline service station signs attached to pump islands or pump island canopies;

(4) Cabinet shops, animal hospitals or kennels, animal or poultry husbandry, granaries, dehydration plants, wineries, canneries, agricultural warehouses, sheet metal shops, pawn shops, mortuaries, cemeteries, or crematoriums, and lumber yards;

(6) Those business uses which are not maintained and conducted wholly within enclosed buildings.

(Ord. 72-57 § 1, 1972; Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(6): Ord. 937: Ord. 479).

In the N-B district the following uses are allowable by land use permit: Plant nurseries and amusement establishments.

(Ord. 72-57 § 2, 1972: prior code § 8159(h)(6½)).

Land use permits for the modification of the enlarged detailed map may be granted only after the owner of the property involved has made application in accordance with applicable county regulations; modifications must be consistent with the purposes and intent of Section 84-50.1402 — 84-50.1418.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(7): Ord. 937: Ord. 479).

Plans for building and site development of any parcel shall be submitted to the building inspector by the owner of the parcel with the owner's application for any building permit.

Plans shall show, among other things, grades and contours on that and adjoining parcels and shall provide for loading facilities separate from public entrances to any building. The plans shall be referred by the building inspector to the planning department with the building inspector's request for an approval as to zoning. The planning department shall approve the plans if they provide reasonable loading facilities, conform with the enlarged detailed map, and are consistent with the purposes and intent of Section 84-50.1402 — 84-50.1418. Disputes arising under this section shall be referred to the board of adjustment for administration.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(8): Ord. 937: Ord. 479).

Article 84-50.16. Development Plans

No development is lawful in an N-B district until a development plan for it has been submitted to and approved by the zoning administrator.

(Ord. 74-36 § 1).

All applications for development plan approval shall include scale drawings indicating the following:

(1) Topography;

(2) A boundary survey of the site;

(3) All existing and proposed structures, and the height and number of dwelling units in each;

(4) Planting and landscaping areas;

(5) Automobile parking areas;

(6) Vehicular and pedestrian ways with grades, widths, and type of proposed improvements;

(7) Ingress and egress points for the site;

(8) Existing and proposed utilities;

(9) Recreational facilities, if any;

(10) Surface drainage conditions and outlets;

(11) Building elevations indicating architectural type;

(12) Additional information as may be required by the zoning administrator including a statement of how the proposed plan is consistent with, and will further the goals and objectives of the general plan including, but not limited to, its community facilities element.

(Ords. 85-56 § 6, 73-36 § 1).

(a) Review. The zoning administrator shall review development plan applications, for approval, modification, or denial, in public hearing pursuant to and otherwise regulated by the land use permit provisions of Chapter 26-2.

(b) Approval. In approving the application, the zoning administrator shall find that it is consistent with the purpose of this district and that it is architecturally compatible with other uses in the vicinity, both inside and outside the district.

(c) Changes. When any plan has been approved by the zoning administrator, it shall not thereafter be changed except with the zoning administrator's approval after review, for which the zoning administrator may schedule a public hearing.

(d) Conditions. The zoning administrator may impose reasonable conditions and limitations in addition to the requirements listed in this article, to carry out the purpose of this district.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 74-36 § 1).

(a) An applicant for rezoning to an N-B district may submit simultaneously and in combination with the zoning application, or thereafter but before the board's final zoning decision, an application for approval of a development plan for the property.

(b) Such a development plan application shall be processed and noticed as are those matters designated to come before the zoning administrator, except that it shall be initially heard by the planning commission. The commission's decision shall be a recommendation to the board of supervisors which shall make the final decision on the development plan along with the rezoning.

(Ord. 74.36 § 1).