3.7. COMMERCIAL USE STANDARDS

Unless otherwise specified in the zoning district standards, the following standards shall apply in all commercial zoning districts:

3.7.1.A. Conduct of Business on Lot

[AMENDED 01-12-2019]

The entire business operation shall be conducted within a completely enclosed building or completely fenced within the buildable area of the lot. Where automobiles are allowed to be sold, outdoor automobile displays are allowed consistent with Section 3.7.9.B. when not projecting over required landscaped areas.

3.7.1.B. Distance Separation and Overconcentration Requirements

[AMENDED 07-08-2016] [AMENDED 12-01-2017][AMENDED 06-07-2018][AMENDED 01-102025][AMENDED 06-11-2026]

The following uses shall be regulated as set forth in Table 3.1 and shall meet the distance separation requirements set forth in Table 3.7.

Table 3.7

[AMENDED 12-01-2017][AMENDED 01-10-2025][AMENDED 06-11-2026]

[1] Sensitive uses include: child day care center, library, public park, church, community center, public or private school, or indoor or outdoor recreation facilities that are primarily designed to serve persons under the age of 18.

1. The distance separation requirements prevail over any provision in a Special Planning Area (SPA) unless the SPA is more restrictive.

2. Required separation distances shall be measured as a radius from the primary entrance of the business or establishment to the nearest property line of the property so zoned or used.

3. Please note that additional uses may also have separation requirements for uses are listed in a separate section. Examples include recycling facilities, adult uses and adult-related uses.

4. For Commercial uses, including Hookah/Smoking Lounges, Pawn Shops, Tobacco Shops, Check Cashing Establishments, and Adult Novelty Stores the following overconcentration requirement applies:

5. There is not an overconcentration of the following uses within 1,000 feet: hookah/smoking lounges, pawn shops, smoke shops, adult novelty stores, check cashing/pay day loan establishments, and adult uses. Overconcentration is defined as more than three of these uses within a 1,000 foot radius. The reviewing authority may approve exceptions based on physical characteristics of the neighborhood, such as the major arterials, freeways, railroads or other facilities that separate neighborhoods. The reviewing authority may also take into account the same uses located within an adjacent jurisdiction.

3.7.2.A. Animal and Pet Services

1. Kennel, Cattery, Animal Boarding and Training

A kennel, cattery, or animal boarding and training use shall comply with the following minimum standards:

• a. Every lot or parcel used for a kennel shall have a net lot area of not less than one acre, except in commercial and mixed-use zoning districts.

• b. Small animal training shall be permitted by right in the agricultural zoning districts, on the condition that the owner of each animal shall be present during such training.

• c. Cattery facilities, fully operated indoors, shall be permitted by right in the commercial zoning districts.

3.7.2.B. Business Services

1. General Business Services

• a. Applies to business service uses as defined in Section 7.3, and other similar uses, not otherwise listed under this land use category.

• b. In the BP and MP zoning districts, permitted subject to a finding by the Planning Director that the use is compatible to the office and industrial uses in the area if limited to 25 percent of project area; otherwise, the use requires a Minor Use Permit.

• c. Permitted in residential zoning districts as a standalone or as part of a small commercial center provided that the use or commercial center does not exceed three gross acres in size, subject to a Conditional Use Permit approved by the Zoning Administrator. Permitted in multiple family projects, regardless of size, subject to a finding by the Planning Director that the use is incidental to the project and does not exceed 25 percent of the project area, and is intended for the convenience of the residents of the project in which they are located; otherwise, the use requires a Conditional Use Permit approved by the Zoning Administrator.

2. Intensive Business Services

• a. Applies to business service uses as defined in Section 7.3.

• b. In the CMC, GC, BP, and MP zones, subject to issuance of a Conditional Use Permit approved by the Zoning Administrator when a finding can be made that the proposed use will not have any greater adverse impacts than adjoining uses or other uses permitted in the zoning district.

3.7.2.C. Personal Services

[AMENDED 07-08-2016][AMENDED 06-07-2018][AMENDED 01-10-2025]

1. General Personal Services

Applies to personal service uses as defined in Section 7.3, and other similar uses not otherwise listed under this land use category.

2. Beauty or Barber Shop, Spa, Tanning

• a. In the residential zoning districts, permitted for projects of not more than three gross acres in size and subject to issuance of a Conditional Use Permit approved by the Zoning Administrator, except that beauty and barber shops, Spas, and Tanning are permitted in multiple family developments of any size where they are clearly incidental to the project, do not advertise offsite, and are intended only for the convenience of the residents of the project in which they are located.

gross acres in size and subject to issuance of a Conditional Use Permit approved by the Zoning Administrator, except that beauty and barber shops, Spas, and Tanning are permitted in multiple family developments of any size where they are clearly incidental to the project, do not advertise offsite, and are intended only for the convenience of the residents of the project in which they are located.

• b. In BP and MP zones, permitted subject to a finding by the Planning Director that the use is incidental to the business center and intended to serve its employees, otherwise a Conditional Use Permit approved by the Zoning Administrator is required.

3. Crematory

• a. Permitted in the GC zoning district, provided that the crematory is located no less than 500 feet from any agricultural-residential, residential, or interim residential zoning district; or established residential use subject to the issuance of a Conditional Use Permit approved by the Board of Supervisors after a recommendation by the Planning Commission. The crematory can be stand alone or associated with a funeral establishment. Required noticing shall be based on a 1,000 foot radius of the exterior boundaries of the subject parcel. The applicant shall be responsible for additional noticing requirements.

• b. Permitted in the M-1 and M-2 zones, provided that the crematory is located no less than 500 feet from any agricultural-residential, residential, or interim residential zoning district and subject to the issuance of a Conditional Use Permit approved by the Planning Commission. Uses located less than 500 feet from any agricultural-residential, residential, or interim residential zoning district shall be subject to the issuance of a Conditional Use Permit approved by the Board of Supervisors after a recommendation by the Planning Commission. The crematory can be stand alone or associated with a funeral establishment. Required noticing shall be based on a 1,000-foot radius of the exterior boundaries of the subject parcel. The applicant shall be responsible for additional noticing requirements.

4. Massage Establishments and Providers

• a. Massage establishments and providers shall have a valid General Business License and if applicable a Special Business License issued by Sacramento County Department of Finance, and shall comply with all standards of Sacramento County Code Section 4.36.

• b. In the C-O and BP zoning districts massage is only permitted as an incidental use (less than 25 percent of the floor area) to a permitted salon, spa, health club, resort, and/or medical office. In the BP zone, if massage is not incidental to a primary use listed above it is permitted as a sole practitioner if limited to a maximum of 400 square feet of floor area. A Minor Use Permit is required to exceed the floor area restrictions for massage in either the C-O or BP zones.

3.7.3.A. Restaurant, Carry-out/Drive-through/Sit-down

[AMENDED 12-01-2017]

1. Drive-throughs are permitted in the zoning districts listed in Table 3.2 if in compliance with the standards in Section 3.9.3.V. “Drive-Throughs.”

2. In the BP and MP zones, permitted subject to a finding by the Planning Director that the use is incidental to the business center and intended to serve its employees.

3.7.3.B.

[DELETED 07-04-2024]

3.7.3.C. Bars and Taverns

[ADDED 12-01-2016]

1. Bars and taverns must have a minimum setback of 100 feet from residentially zoned properties, as measured from the establishment’s main entrance.

2. In no case shall any bar or tavern be greater than 5,000 square feet in area.

3. Service and consumption of alcohol must cease by 2:00 a.m.

4. The Sheriff’s Department shall make a recommendation to the Planning Director for security measures.

5. The owner and/ or proprietor, and/or operator of the establishment is responsible to provide supervision (i.e., security) to prevent loitering in the immediate vicinity of the establishment.

   • a. During operating hours, the owner and/or proprietor shall prohibit loitering in the parking area.

   • b. After closing hours, the immediate vicinity of the establishment including designated parking areas, shall be cleared within 15 minutes. The designated parking area shall be oriented away from residences as much as possible.

3.7.3.D.

Patios and designated outside seating areas shall be oriented and designed away from residences and must be buffered to ensure that noise is mitigated per the Noise Ordinance.

3.7.4.A. Recreation Facility, Indoor

An indoor recreation facility with capacity exceeding 300 persons or a theater with four or more screens shall be subject to a Conditional Use Permit approved by the Zoning Administrator. Indoor shooting ranges shall require a Conditional Use Permit approved by the Zoning Administrator. In the BP, MP, M-1, and M-2 zones, the use shall be permitted, regardless of size or location, subject to a finding that the use is incidental to the business center and intended to serve its employees and customers; otherwise, the use is subject to a Conditional Use Permit approved by the Zoning Administrator.

3.7.4.B. Recreation Facility, Outdoor

In all agricultural, agricultural-residential, residential, recreation zoning districts, and in the DW zoning district, the use is permitted subject to issuance of a Conditional Use Permit approved by the Planning Commission. Such Use Permit may include indoor recreation facilities and uses if the appropriate authority finds they are clearly accessory to the requested outdoor use. If the capacity of the facility exceeds 2,500 persons, then the facility shall be subject to issuance of a Conditional Use Permit approved by the Board of Supervisors.

3.7.4.C. Adult Uses and Adult-Related Establishments

[AMENDED 06-07-2018]

1. Allowed Uses

• a. Sexually oriented businesses, as defined, shall be permitted, subject to compliance with all of the locational conditions in Section 3.7.4.C.2.

• b. Adult Related Establishments, as defined, require a Conditional Use Permit approved by the Board of Supervisors and will only be permitted, subject to compliance with all of the locational conditions in Section 3.7.4.C.2.

2. Purpose and Intent for Sexually Oriented Businesses

• a. As defined in this Code, sexually oriented businesses include adult bookstores, adult motion picture theaters and adult live theaters. Subparagraph (g) of CA GOV §65850 provides that the Board of Supervisors may regulate, pursuant to a content neutral ordinance, the time, place and manner of operation of sexually oriented businesses. As hereinafter set forth, the Board of Supervisors has determined that the regulations of this Chapter serve a substantial governmental interest and do not unreasonably limit alternative avenues of communication and are based on narrow, objective and definite land use standards. [AMENDED 04-2004]

a content neutral ordinance, the time, place and manner of operation of sexually oriented businesses. As hereinafter set forth, the Board of Supervisors has determined that the regulations of this Chapter serve a substantial governmental interest and do not unreasonably limit alternative avenues of communication and are based on narrow, objective and definite land use standards. [AMENDED 04-2004]

In adopting this Chapter, the Board of Supervisors takes legislative notice of, and relies upon, the experience and studies of the following jurisdictions concerning the adverse secondary effects of sexually oriented businesses: Phoenix, Arizona; Tucson, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Denver, Colorado; Indianapolis, Indiana; Minneapolis, Minnesota; Saint Paul, Minnesota; Kansas City, Missouri; New York, New York; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Dallas, Texas; Newport News, Virginia; Renton, Washington; Seattle Washington, and the findings of federal and state court decisions in establishing the reasonableness and the constitutionality of the provisions of this Chapter and the reliance there to the specific effects such adult businesses may have on the residents and businesses of Sacramento County, and the proximity of such businesses to other land uses, including but not limited to churches, schools, parks, places frequented by children, and other sexually oriented businesses. [AMENDED 04-2004]

• b. The Board of Supervisors as a result of concerns regarding the harmful secondary effects of sexually oriented businesses, finds that such establishments require special regulations to restrict the location, operation, and concentration of these businesses.

• c. Preliminary to the adoption of this Article, the Board of Supervisors, in response to concerns regarding the harmful secondary effects of sexually oriented businesses, adopted interim urgency ordinances restricting the location of sexually oriented businesses to industrially zoned property within the unincorporated area of the County of Sacramento. This Article continues the locational criteria of the interim urgency ordinances.

• d. Increasing urbanization, changing community standards, and evolving legal standards for the regulation of such sexually oriented businesses dictated that the County of Sacramento address its regulations of such establishments so as to provide for such uses taking into consideration the compatibility thereof with existing land uses and land use regulations, and to minimize cumulative impacts and harmful secondary effects. [AMENDED 04-2004]

• e. The Board of Supervisors recognizes that the land uses regulated by this Chapter constitute protected expressions of speech and that said uses must be permitted, and reasonably available

to potential patrons, within certain areas of the unincorporated area of the County of Sacramento. The Board also recognizes that the nature of such uses, and the activities of patrons on or near the premises on which the adult uses are located, can be a threat to the public health, safety and welfare of the citizens of the County of Sacramento. The Board is fully aware that the activities conducted in such businesses are provided protection under the federal and state constitutions. Accordingly, the Board finds that the regulations of this Article are based on narrow, objective and definite standards that are intended to provide a reasonable number of available sites for such uses while minimizing the harmful secondary effects of these uses. [AMENDED 11-1995][AMENDED 04-2004]

• f. It is the intent of the Board of Supervisors to prohibit nude dancing within the unincorporated area of Sacramento County, with the exception of existing businesses that have been continuously lawfully licensed for such use by the County since on or before July 1, 1998. The prohibition is based on federal and state court decisions regarding local regulation of public nudity, including but not limited to, Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); Erie v. Pap’s A.M. (Kandyland), 529 U.S. 277 (2000); Schultz v. City of Cumberland, 228F.3d 831 (7th Cir. 2000); and Tily B. v. City of Newport Beach, 69 Cal.app.4th 1 (1998). Businesses featuring nude dancing that have been continuously licensed by the County for such use since on or before July 1, 1998, may continue to feature nude dancing, pursuant to CA PEN §318.5 and §318.6.

3. Location Conditions for Sexually Oriented Businesses

a. Is in either an M-1 or M-2 zone.

• b. Is more than 1,000 feet from any other sexually oriented business.

• c. Is more than 1,000 feet from any existing residential use or property zoned agricultural, agricultural-residential, or residential, or that is regulated by Title V or Title VI of the SCC.

• d. Is more than 1,000 feet from any of the following existing sensitive uses:

  • i. Single-family, duplex, or multifamily residences

  • ii. Child day care center

  • iii. Library

  • iv. Public park

  • v. Places of worship

  • vi. Community center

  • vii. Public or private K-12 school

  • viii. Indoor or outdoor recreation facilities that are designed to serve primarily persons under the age of 18.

• e. Required separation distances shall be measured as a radius from the primary entrance of the business or establishment to the nearest property line of the property so zoned or used.

• f. Is located pursuant to the overconcentration requirements of Section 3.7.1.B.4.

4. Additional Regulations for Adult Live Theaters

• a. It shall be unlawful for any person on the premises of an adult live theater or any other sexually oriented business to appear in a state of nudity.

• b. The provisions of this use standard that require an opaque covering of specific anatomical areas may not be complied with by applying an opaque covering that simulates the appearance of the specific anatomical part that is required to be covered.

• c. This Section shall not be applicable to any live adult theater that was compliance with the local requirements of Section 3.7.4.C.3.b as of July 1, 1988, and has continuously held a valid business license to operate an adult live theater from the date that it was originally established.

• d. Is located pursuant to the overconcentration requirements of Section 3.7.1.B.4.

5. Location Conditions for Adult-Related Establishments.

• a. Is located in an M-1 or M-2 zone subject to the issuance of a Conditional Use Permit approved by the Board of Supervisors.

• b. Is more than 1,000 feet, measured from the nearest property lines of each such use, of any other adult related establishment or any sexually oriented business.

• c. Is more than 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any existing agricultural, agricultural-residential or residential zoning district or residential use.

• d. Is more than 1,000 feet from any of the following existing sensitive uses:

  • i. Single-family, duplex, or multifamily residences

  • ii. Child day care center

  • iii. Library

  • iv. Public park

  • v. Places of worship

  • vi. Community center

  • vii. Public or private K-12 school

  • viii. Indoor or outdoor recreation facilities that are designed to serve primarily persons under the age of 18.

• e. Is located pursuant to the overconcentration requirements of Section 3.7.1.B.4.

3.7.4.D. Arcade, Electronic, Mechanical, Video Games, and Computer Gaming Centers

This use standard applies to the installation of more than three electronic, mechanical, or video games in a single structure or use and to computer gaming centers. Where permitted, requires the issuance of a Conditional Use Permit approved by the Zoning Administrator, subject to complying with the following standards. Additional standards and conditions may be imposed.

1. Public restrooms must be available and so designated within the same commercial building or portion of the building where the games are located.

2. One adult supervisor shall be on the premises at all times during business hours. Additional adult supervisors or uniformed guards may be required.

3. Electronic, mechanical, or video games shall not be located within 1,000 feet of the property line of any public or private school (kindergarten through 12th grade). This distance shall be measured from the entrance of the commercial facility to the school property line.

4. Electronic, mechanical, or video games shall not be located within 500 feet of a residential zoning district or habitable dwelling. This distance shall be measured from the entrance of the commercial facility to the zoning district boundary or the entrance to the habitable dwelling, whichever is the shorter distance.

5. Bicycle racks shall be provided near the entrance to the facility.

6. Exterior lighting shall be maintained during all hours of operation at a minimum of 1.5 footcandles per square foot of paved surface adjacent to all exterior walls of the commercial building or portion of the commercial building where the games are located. Said lights shall be shielded to prevent any stray light on adjacent residential properties.

7. Except when accompanied by and under the supervision of a responsible adult, minors shall be prohibited from using the games during hours when schools within the applicable school district are in regular session.

8. Use does not permit gambling, as controlled by federal and state regulations.

3.7.4.E. Dancing in a Bar or Restaurant, Incidental

Permitted subject to issuance of a Conditional Use Permit approved by the Zoning Administrator and provided a valid dancing license is obtained.

3.7.4.F. Hunting Club, Gun Club, Shooting Range

An independent or self-contained mobile home may be used for the purpose of a clubhouse for a hunting club provided that a permit to occupy is approved by the County Division of Building Permits and Inspections.

3.7.4.G. Internet Cafes

Internet cafes shall be permitted in all commercial and mixed-use zoning districts, subject to a Conditional Use Permit approved by the Planning Commission, and only if the use does not involve sweepstake games, gambling, or other activities/games that violate state or federal regulations.

3.7.4.H. Event Center/Reception Hall

[ADDED 12-01-2017]

1. An event center or reception hall in the LC or GC zones with capacity exceeding 300 persons (per Fire Department occupancy load calculations) shall be subject to a Conditional Use Permit approved by the Zoning Administrator.

   • a. Conditions of approval may include restricted hours and frequency of events, restrictions on alcohol sales, additional on-site security, and additional parking or traffic controls, if needed to ensure minimal nuisance impacts to surrounding properties.

2. There shall be no on-sale of alcoholic beverages at the facility except as allowed by one-day permits related to specific events and issued by the Sheriff’s Department.

3. All events are subject to the Sacramento County Noise Ordinance. Violation of the Noise Ordinance is grounds for suspension or revocation of business licenses and/or Conditional Use Permits.

4. All outdoor areas used for event activities (patios, designated smoking areas) must be located at least 100 feet away from residentially zoned property.

5. Parking requirements are as described for Auditoriums, Exhibition Halls, and Public Assembly Uses in Table 5.21 of Section 5.9.2.B. Shared parking arrangements for event centers in commercial strip centers may be considered with a Special Development Permit.

3.7.5.A. Financial Institution

[AMENDED 12-01-2017]

Permitted in the listed zoning districts, if in compliance with the standards in Section 3.9.3.V, “DriveThroughs.”

3.7.6.A. Bed and Breakfast Inn

Permitted subject to issuance of a Conditional Use Permit approved by the Zoning Administrator, except in the agricultural and agricultural-residential zoning districts, the Planning Commission shall hear all projects, in addition to complying with the findings listed in Section 3.6.0. The Use Permit may authorize limited ancillary social gatherings such as conferences, weddings, fundraisers, and other similar events attended by any nonlodger, subject to any conditions imposed including, but not limited to, restrictions on the frequency and timing of events and the maximum number of persons per event. Except as expressly authorized in the Use Permit, such activities are prohibited.

3.7.6.B. Farm Stay Operations

1. Application

The provision of this Section shall apply to farm stay operations as defined in Section 7.3.

2. Purpose

The purpose of this Section is to facilitate the operation of Farm Stays in Sacramento County, in order to expand the understanding of the role of agriculture in the County, provide farmers with an opportunity to diversify income potential, and boost tourism to the County.

3. Development Standards for Farm Stay Operations

• a. No more than five guest rooms shall be allowed.

• b. Accommodations for no more than 15 total guests shall be allowed.

• c. Food shall be served only to registered guests, and the price of meals shall be included in the price of overnight accommodations.

• d. Lodging and meals shall be incidental and not the primary function of the agricultural home stay establishment.

• e. Identification signs shall be provided that:

  • i. There is no more than one sign at each entrance.

  • ii. The sign is not over 50 square feet in area.

  • iii. The sign is not more than six feet above road grade.

  • iv. The sign is setback at least 16 feet from the street right-of-way unless a lesser setback is approved by the Division of Planning and Environmental Review.

  • v. Illumination of the sign, if any, is indirect.

  • vi. The sign is stationary.

• f. Farm stay operations that do not meet the development standards shall be permitted subject to the issuance of a Conditional Use Permit approved by the Planning Commission.

4. Parking Requirements for Farm Stays

• a. Farm stay operations shall not be subject to the development standards for off- street parking outlined in this Code.

• b. Farm stay operations shall provide one space per bedroom.

• c. All access roads must meet the standards of the Fire Marshall. All parking areas must have an active dust control program.

5. Advisory for Other Permitting Requirements

• a. Environmental Management Department approval/permit for a water system is required unless documentation that the regulations are not applicable is provided.

• b. Building permits from the Building Inspection Division may be required.

• c. Should any cultural resources, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains be encountered during any development activities, work shall be suspended and the Division of Planning and Environmental Review shall be immediately notified.

At that time, the Division of Planning and Environmental Review will coordinate any necessary investigation of the find with appropriate specialists as needed. The project proponent shall be required to implement any mitigation deemed necessary for the protection of the cultural resources. In addition, pursuant to CA PRC §5097.97 and CA HSC §7050.5, in the event of the discovery of human remains, all work is to stop and the County Coroner shall be immediately notified. If the remains are determined to be Native American, guidelines of the Native American Heritage Commission shall be adhered to in the treatment and disposition of the remains.

• d. In order to mitigate impacts to potentially historic buildings (buildings 100 years old and older), perform one of the following:

  • i. Structures that have not been subject to a previous architectural evaluation and are at least 100 years or older and are subject to renovation shall have a historic architectural study performed by a qualified, professional architectural historian. A significance determination shall be prepared for review by the staff of the Division of Planning and Environmental Review. If the structure is deemed a significant historic resource, the applicant shall comply with Section 3.7.6.B.5.e; or,

  • ii. Property owners proposing to renovate an existing structure shall submit photographs of the structure to the Division of Planning and Environmental Review staff shall determine whether a historical evaluation is warranted. If Planning and Environmental Review staff determines that an historical evaluation is warranted, the applicant shall have a historical architectural study performed by a qualified, professional architectural historian for review by Planning and Environmental Review staff. If the structure is deemed a significant historic resource, the applicant shall comply with Section 3.7.6.B.5.e; or,

  • iii. Comply with Section 3.7.6.B.5.e, and forgo the need to submit photographs or a historical architectural evaluation.

• e. Structures deemed to be significant historical architectural resources shall be preserved in situ with all proposed modifications carried out to the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings.

3.7.7.A. Office Uses, General

[AMENDED 06-07-2018][AMENDED 06-11-2026]

1. In the M-1 and M-2 zones, office uses are permitted as ancillary uses up to a maximum of 25 percent of the gross floor area of structure(s) committed to the primary use; otherwise, a Conditional Use Permit approved by the Zoning Administrator is required.

2. Office uses are not allowed in the AR-10 zone. In the AR-1, AR-2, AR-5 and RD zones, allowed office uses shall be limited to the following: real estate, legal, medical, dental, optician, insurance, accountant, beauty or barber shops, bookkeeper, and counseling and consulting service, and shall require a Conditional Use Permit approved by the Zoning Administrator. See Use Table for permitted activities in conjunction with mixed use projects.

3. Medical offices, which are typically classified in this use category, that meet the licensing, operational, and funding requirements referenced in the definition of community clinic in Chapter 7.3, are permitted by right in additional zones as provided in Section 6.8.3.

3.7.7.B. Medical, Dental, or Optical Laboratory

Permitted in the listed zoning districts, if in compliance with the following standards.

1. Outdoor storage of materials shall be prohibited unless fully enclosed in a structure or screened from public view with landscaping.

2. The use shall not create adverse levels of noise or vibration beyond ambient levels in the surrounding neighborhood. The applicant shall be required to take all measures necessary to reduce noise levels to ambient levels and to demonstrate there shall be no vibration affecting properties beyond the limits of the lot.

3. The location, arrangement, size, and intensity of operations and design of the use shall be compatible with the neighborhood in which it is location and shall safeguard surrounding properties from glare, unsightly view, odors, or other undesirable characteristics, as determined by the Planning Director.

3.7.8.A. Neighborhood Convenience Store, Food Market (Up to 6,000 square feet)

1. Residential Zoning Districts. In residential zoning districts, the use is permitted subject to a Conditional Use Permit approved by the Planning Commission.

2. Commercial and Mixed-Use Zoning Districts. In commercial and mixed-use zoning districts, the use is permitted if located 500 feet or more from a residential zoning district, and 1,000 feet or more from the property line of any public or private school (kindergarten through twelfth grade). If located less than 500 feet from a residential zoning district, or less than 1,000 feet from the property line of any public or private school (kindergarten through twelfth grade), the hours of operation shall be limited to between 6:00 a.m. and 11:00 p.m., unless a Conditional Use Permit is approved by the Board of Supervisors for extended hours. The distance shall be measured from the entrance of the commercial structure to the zone district boundary or the school property line.

3. The use shall comply with all of the following standards:

   • a. The use shall be consistent with all applicable development requirements of Chapter 5, “Development Standards.”

   • b. Signs shall be posted prohibiting consumption of alcoholic beverages in the business or in the parking areas.

   • c. All illegal activities observed on or around the business shall be promptly reported to authorities.

   • d. Business policies shall be posted on the interior in a conspicuous place.

   • e. At least two toilet facilities shall be available to the public at all times.

   • f. Signs shall be posted prohibiting loitering in parking areas.

   • g. Bicycle security racks shall be provided.

4. The use shall comply with all of the following additional standards, unless the Sheriff’s Department waives the standard in writing:

   • a. Project lighting levels shall be 1.5 foot-candles of minimum maintained illumination per square foot of parking surface during business hours and 0.25 foot-candles of minimum maintained illumination per square foot of surface on any walkway, alcove, passageway, etc., from one-half hour before dusk to one-half hour after dawn.

   • b. All light fixtures shall be vandal resistant.

   • c. Management shall be responsible for the removal of litter from adjacent property and streets that results from this project (with adjacent property owner consent).

   • d. Store windows shall be left unobstructed to all viewing of the interior of the business by patrolling police. Design to allow for window surveillance by employees of all outside areas from the employees primary work positions.

• e. Building security to resist crime attempts by both hardware and electronic systems:

  • i. Raised cashier stations to give an advantage of height against would-be criminals.

  • ii. Display counter height that is low enough that the cashier has visibility throughout the store and mirrors that allow monitoring of any corners or hidden areas.

• iii. Buzzers on doors of the coldbox, so that the clerks will know when someone has removed merchandise from the refrigerator areas.

  • iv. Cashier station that is visible from the parking area, with no blocking of windows or doors (such as with posters or signs) and counters that are clean of excess displays that impair the visibility.

  • v. Two-way mirrors on inside doors to storage, utility, and office areas that create uncertainty as to how many people are actually in the store so as to deter criminals.

  • vi. Timed drop safe adjacent to cashier so that no more than $30.00 is available and premised posted that no more than $30.00 is available.

  • vii. Height tape installed next to exit.

viii. A prominently-displayed video camera for identifying robbers or shoplifters.

3.7.9.A. Armored Car Service

Permitted in GC and industrial zoning districts, provided the entire operation including the parking and storage of vehicles used in connection with the operation, is conducted within a completely enclosed building or screened from view within a fenced-in area.

3.7.9.B. New and Used Auto Sales

The sale, lease, and rental of merchandise, which is specifically allowed, may be displayed in the required yard areas, provided no merchandise, in combination with display platforms, shall exceed six feet in height when displayed within 25 feet of a street right-of-way and no merchandise shall exceed 10 feet in height when displayed within 50 feet of a street right-of-way. Such merchandise shall not project over required landscaped areas.

3.7.9.C. Automobile Service Station

[AMENDED 06-07-2018][AMENDED 07-11-2024]

The following requirements apply to all freestanding automobile service stations and stations that are part of another commercial use. [AMENDED 07-16-2020]

1. Procedures

a. Hearing

The Board of Supervisors shall be the appropriate authority to hear and decide all applications for Conditional Use Permits for automobile service stations, pursuant to the provisions of Section 6.4.3, “Conditional Use Permits.”

b. Conditions

In addition to any other conditions that may be lawfully imposed, any Conditional Use Permit issued pursuant to this use standard shall include the following conditions, that:

• i. If the operation of the automobile service station is discontinued for any reason for a continuous period in excess of 180 days, such discontinuance of operation shall be grounds for revocation or modification of the Conditional Use Permit as provided by Section 6.4.3, “Conditional Use Permits.”

• ii. Upon the revocation of the Conditional Use Permit, the applicant shall remove all buildings, pumps, pump islands, signs, underground storage tanks, fences, walls, and all other structures and instruments related to the automobile service station, and shall return the property to substantially the same condition it was in prior to the construction of the automobile service station thereon.

• iii. The applicant to whom a Conditional Use Permit has been granted shall post on the premises for public display the Use Permit or a copy when issued.

2. Special Requirements – Primary Automobile Service Station

a. Location

i. Criteria for Selecting Automobile Service Station Sites

• In determining which sites at an intersection or freeway interchange shall be appropriate for the location of an automobile service station, pursuant to this use standard, the Planning Commission shall make a determination based on which site or sites available for the location of automobile service stations, pursuant to this Section, are more or most likely, as the case may be, to reduce the danger from fire and explosion, to provide for the free flow of traffic to reduce the danger of traffic accidents arising from ingress to and egress from automobile service station sites, and otherwise to accomplish the purposes of this use standard.

ites available for the location of automobile service stations, pursuant to this Section, are more or most likely, as the case may be, to reduce the danger from fire and explosion, to provide for the free flow of traffic to reduce the danger of traffic accidents arising from ingress to and egress from automobile service station sites, and otherwise to accomplish the purposes of this use standard.

ii. Abutting Residential Zoning Districts

No new primary automobile service station shall be permitted on lots abutting property zoned as AR-10, AR-5, AR-2, AR-1, RD-2, RD-3, RD-4, RD-5, RD-7, RD-10, A-10, A-5, A-2, A-2-B, A-1-A, A-1-B, O, R-E-3, R-E-2A, R-E-2, R-E-1, R-1-A, R-1-B, R-2, RM-1, RM-2, or R-TH unless the Planning Commission finds that the design of the service station, along with the conditions placed upon the Conditional Use Permit will mitigate any adverse effects the station may have on the abutting residential property. In the event that the property abutting an automobile service station, previously constructed and operating pursuant to the provisions of this Code, is subsequently zoned to a zoning district enumerated in this Section, such subsequent zoning for such abutting property shall not cause the automobile service station site to be nonconforming to the provisions of this Code.

iii. Location Near Automobile Service Stations No Longer in Operation

In deciding whether an automobile service station shall be permitted pursuant to this use standard, in addition to any other limitation provided by this use standard, the Planning Commission shall consider whether there are any vacant or unoccupied automobile service stations within a one-half mile radius of the proposed automobile service station site, and if so, shall determine whether the area immediate to such proposed automobile service station suffers from an over-concentration of automobile service stations. If it is determined that the area does suffer from an over- concentration of automobile service stations, then the application for a Conditional Use Permit shall be denied.

b. Public Street Frontage

The minimum public street frontage shall be 135 feet on each public street for all new primary service stations.

c. Setback Requirements

Setback requirements for the main building on an automobile service station site shall be the same as those required for other structures located in the same zoning district in which the automobile service station is located.

d. Pump Islands

Service station pump islands may be placed in required yards provided they are at least 15 feet from the street right-of-way.

For rights-of-way with PUPFs, service station pump islands may be placed in required yards provided they are at least 21 feet from the future street right-of-way.

e. Allowed Uses and Limitations

• i. Primary service stations shall not be permitted in a residential zoning district.

• ii. Automobile service uses may include the sale of compressed natural gas, liquefied petroleum, or other types of fuel for vehicles, regulated by the standards of the Sacramento County Fire Prevention Code. Above ground fuel tanks shall be located per the standards of the Sacramento County Fire Prevention Code.

• iii. A single bay automobile wash, with either manual or automatic equipment, is permitted as an accessory use, subject to compliance with general accessory use standards in Section 3.9.2. and the standards for Automobile Wash Facilities in Section 3.7.9.I.

• iv. Vehicles being serviced or stored for customers shall not be parked on streets, alleys, public sidewalks, or rights-of-way.

• v. Rental or sale of motor vehicles is prohibited, unless otherwise allowed as a primary use in the zoning district.

• vi. Outdoor public address or loudspeaker systems are prohibited.

• vii. Hydrogen Fueling Stations shall be permitted subject to the regulations of Section 3.7.9.K.

f. Access Driveways

• i. Driveway width shall be as regulated by the County Improvement Standards adopted by the Board of Supervisors.

• ii. Driveways shall be at least 40 feet from the nearest intersecting point of street right-of-way lines, except for automobile service stations located within industrial parks where a driveway shall be at least 125 feet from the nearest intersecting point of street right-of-way lines.

g. Landscaping

Landscaped areas shall be established and maintained on all automobile service station sites. The landscaped area shall comprise a minimum of 20 percent of the lot area. Not less than 70 percent of the landscaped area as required in this Section shall be covered with live landscaping such as lawn, ground cover, trees, or shrubs, and not more than 30 percent shall be covered with hard surfaces such as gravel, landscaping rock, concrete, artificial materials, or other impervious materials.

h. On-site Lighting

Lighting shall be designed, controlled, and maintained so that no source of light is visible from off the property; lighting does not unreasonably disturb occupants of adjacent properties; and does not

interfere with traffic. There shall be no flashing, moving, or animated lights on automobile service station sites.

i. Architecture

The design of every structure including signs on an automobile service station site shall be consistent with the Countywide Design Guidelines.

j. Refuse Areas

Any refuse area on an automobile service station site shall be fenced or screened from the view of any pedestrian or vehicle traffic. The design of such fences and screens shall be compatible with the design of the main building. All discarded parts and materials shall be deposited into a completely enclosed container concealed from adjacent properties.

k. Fences and Walls

Where an existing or a proposed automobile service station site abuts property that is zoned or used residentially, there shall be a solid masonry wall of at least six feet in height along the property line between the automobile service station site and the abutting property, except that within the first 25 feet from the street right-of-way line the fence or wall shall not exceed 2.5 feet in height.

l. Structure Height

Structures located within the buildable area of the lot shall be subject to height limits of the zoning district classification of the site. Canopies constructed over pump islands that are located outside the buildable area of the lot shall not exceed the design clearance height plus the allowable roof structure height as described in Sections 3.7.9.C.2.l.i. through 3.7.9.C.2.l.iii.

• i. The design clearance height is the vertical distance between the finish grade and a height equal to the vehicle height for which unencumbered clearance will be provided by the design of the service station. The maximum allowable design clearance height is 16 feet, however lower design clearance heights are permitted at the option of the owner.

• ii. The allowable roof structure height shall not extend higher than 2.5 feet above the design clearance height. For purposes of this Section, the allowable roof height is the vertical distance above the design clearance height measured to the highest point of the coping of a flat roof or to the highest part of a mansard roof on to the average height of the highest gable of a pitched or hipped roof.

• iii. Deviations from the design clearance height or allowable roof structure height may be permitted in conjunction with a Conditional Use Permit hearing if the final approving body finds

that the overall architectural character of the service station is aesthetically enhanced by such deviation and total service station design is aesthetically compatible and complementary of the surrounding structures.

m. Automobile Service Stations Within or Adjacent to Shopping Centers or Industrial Parks

The site design and architectural style of an automobile service station located within a shopping center in an industrial park shall be consistent where possible with the site design and architectural style of the shopping center or industrial park. Internal circulation of traffic within a shopping center or in an industrial park shall be designed so as not to create traffic hazards between an automobile service station and other parts of the shopping center or industrial park.

3.

[DELETED]

4. Automobile Service Stations No Longer in Operation

a. Modification or Revocation of Conditional Use Permit

Whenever the operation of an automobile service station is discontinued for any reason for a period of time exceeding 180 days, the Planning Commission on its own motion may hold a hearing for modifying or revoking any permit pursuant to the applicable procedures in Section 6.6.9.

b. Referral for Abatement

[AMENDED 12-01-2017]

Whenever a Conditional Use Permit for an automobile service station has been revoked by the Planning Commission, the Secretary shall forward a copy of the decision of the Planning Commission to the Director of the Chief of Code Enforcement to make an inspection of the automobile service station site in order to ascertain whether abatement procedures are warranted.

5. Existing Automobile Service Stations

Any automobile service station in existence as of August 22, 2015 and complying with all requirements of law in effect prior to the effective date of this Chapter may continue as a legal conforming use except as provided in this use standard, and further provided that such service station has not discontinued its operation for a period of 180 days or more.

a. Repairs, Additions, Alterations, Relocations, or Restoration of More than 50 Percent

When any repairs, additions, alterations, relocation, or restoration made within a 12-month period to any structure or structures used in connection with any automobile service station existing as of the effective date of this use standard exceed 50 percent of the full cash value, as determined by the Assessor from the last assessment roll, of all improvements located on the site of said automobile service station, then the automobile service station site and any structure thereon shall comply with all special requirements for primary service stations in Section 3.7.9.C.2. In the event that the automobile service station is unable to comply with the special requirements, then a Special Development Permit may be applied for as provided in Section 6.4.6.

b. Signs

Signs existing on any automobile service station site as of August 22, 2015, shall be replaced, restored, or added to only if such replacement, restoration, or addition is in compliance with the requirements for signs. The provisions of this Section shall not apply to normal maintenance done to existing signs such as repainting, minor alterations, and replacement of existing parts. Nonconforming signs shall be abated pursuant to the provisions of Section 5.10, “Sign Regulations,” and their replacement shall be in conformity with the special requirements for primary service stations in Section 3.7.9.C.2.

3.7.9.D. Auto Broker

[AMENDED 07-16-2020]

The use shall be completely enclosed and storage and display of vehicles shall be limited to a maximum of two vehicles.

3.7.9.E. Automobile Repair, Major and Minor

[AMENDED 06-07-2018]

A major automobile repair use shall comply with the following minimum standards:

1. Major automobile and boat repair and maintenance shall include any repair or maintenance other than brake part replacement, minor tune up, change of oil and filter, repair of flat tires, lubrication, and other similar operations that meet the definition of “minor vehicle repair”.

2. Any body or painting work of vehicles, vehicle parts, or boats shall constitute “major vehicle repair”.

3. It shall be unlawful for any person to engage in, or permit others to engage in, major repair or maintenance of vehicles or boats in any Agricultural, Agricultural-Residential, Residential, Interim Agricultural Holding, Interim Estate, or Interim Residential zoning district.

4. Major auto repair operations in the LC and GC zones and minor automobile repair operations in the CMC, LC and GC zones, shall be conducted entirely within a completely enclosed building.

5. In the M-1 and M-2 zones, major and minor auto repair operations shall be conducted entirely within a completely enclosed building or screened from view behind a fence or wall as set forth in Section 5.2.5.D. Commercial and Industrial Fences.

3.7.9.F. Equipment Rental

1. Renting or leasing of equipment, furniture, or appliances is permitted, provided retail sales of the same item(s) are permitted in the applicable zoning classification of the property. The entire operation must be conducted within a completely enclosed building or within the buildable portion of the lot and enclosed by a fence or wall that meets the standards set forth in Section 5.2.5, “Development Standards for Walls and Fences.” Other specialized rental operations, specifically listed in the use table, shall be subject to those provisions and requirements, where applicable.

2. In the DW zone, an equipment rental use shall be limited to rental of farm equipment.

3.7.9.G. Parking Lot or Garage

1. In residential zoning districts, a parking lot shall be allowed as a primary use only when the parking lot is intended to serve as off-street parking for a business on an adjacent parcel.

2. In commercial and mixed-use zoning districts, ground level and underground facilities are permitted by right. Multi-story parking structures are permitted subject to approval of a Conditional Use Permit approved by the appropriate authority.

3.7.9.H. Truck and Large Vehicle Lease, Rent, Repair, Sales, Storage, or Service

[AMENDED 07-16-2020]

Truck and large vehicle lease, rent, repair, sales, storage, and service uses are allowed in the GC, M-1 and M-2 zones as a primary use so long as the vehicles are not dismantled, wrecked, parted out, scrapped, crushed or stacked and subject to the applicable standards below. The sale of vehicle parts, separate from the sale of whole vehicles, is prohibited. The parking and storage of commercial vehicles must be in compliance with the applicable improvement requirements of Section 5.9.4. and the use standards of this section. [ADDED 07-16-2020]

1. In the GC zone, the entire operation, including the parking and storage of vehicles in connection with the operation, shall be conducted within a completely enclosed building or completely screened from view within a fenced-in area in accordance with Section 5.2.5., “Development Standards for Walls and Fences,” and provided that all vehicle repair and service activities are conducted entirely within a completely enclosed building. [ADDED 0716-2020]

arking and storage of vehicles in connection with the operation, shall be conducted within a completely enclosed building or completely screened from view within a fenced-in area in accordance with Section 5.2.5., “Development Standards for Walls and Fences,” and provided that all vehicle repair and service activities are conducted entirely within a completely enclosed building. [ADDED 0716-2020]

2. In the M-1 and M-2 zones, the entire operation, including the repair, service, parking and storage of vehicles used in connection with the operation, will be conducted within a completely enclosed building or screened from view within a fenced-in area in accordance with Section 5.2.5, “Development Standards for Walls and Fences.”

3.7.9.I. Automobile Wash Facilities

[ADDED 06-07-2018]

Automobile wash facilities, whether as a primary use or incidental to an automobile service station, are subject to the following standards. Deviations from these standards may be permitted with a Special Development Permit by the Zoning Administrator, subject to the General Findings in Section 6.4.6.H.1. Where carwash facilities are incidental to service stations, deviations may be approved by the appropriate hearing authority via a Special Development Permit, subject to the findings in Section 6.4.6.H.1.

1. For automobile wash facilities located more than 300 feet away from residential zoning districts as measured from parcel lines:

   • a. Hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m.

   • b. Entrance and exit areas for tunnel type carwashes shall be closed and secured during nonoperation hours to prevent unauthorized access.

   • c. Vacuum systems, stalls and related ground equipment visible from the public right-of-way shall be screened from view with landscaping and/or a combination of landscaping, decorative fencing, low-height walls to the greatest extent feasible.

2. For automobile wash facilities within 300 feet of residential zoning districts as measured from parcel lines:

a. General

• i. Hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m.

• ii. Entrance and exit areas for tunnel type carwashes shall be closed and secured during nonoperation hours to prevent unauthorized access.

• iii. Compressed air units shall be located inside an equipment room or other fully enclosed and roofed structure or shall be located away from residential zones to the greatest extent practical and separated from them with intervening structures (car wash, service station, or other necessary buildings) in addition to any required property line walls.

• iv. Where carwash facilities are located immediately adjacent to residentially zoned properties, CMU walls a minimum of seven feet in height and a minimum of eight inches in thickness shall be installed along the shared property lines.

• v. Signs shall be conspicuously posted stating that:

  1. Radios, stereos, or other sound amplification devices shall not be played when any of the motor vehicles doors or windows are open.

b. Carwash Standards

• i. Entrance and exit areas of carwash tunnels shall be reduced to the greatest extent feasible to minimize noise exiting the tunnel area.

• ii. Car wash tunnel exits shall be designed with solid screening features extending from the ceiling and walls of the car wash tunnel so that dryers are blocked from view when standing directly in front of the exit.

• iii. Tunnels shall be designed so that dryers are located at least 10 feet from exits.

• iv. 50 percent of the wall and ceiling area adjacent to the dryers, and a minimum of 10 feet on each side of the dryers, shall be treated with sound absorbing materials with a minimum NRC of 1.0.

• v. Car wash tunnel exits shall be situated so that they do not face toward any nearby residential zoning district.

c. Vacuum Units and Stalls

• i. Central vacuum systems shall be utilized so that multiple vacuum stalls are supported by a single vacuum motor.

• ii. Vacuum motors and associated mechanical equipment must be located within an indoor equipment room or other fully enclosed and roofed building with any required venting directed away from residential zoning districts.

• iii. Vacuum systems and vacuum stall areas shall be located away from residential zoning districts to the greatest extent practical and shall be separated from them with intervening structures (car wash, service station, or other necessary buildings).

• iv. Vacuum systems, stalls and related ground equipment visible from the public right of way shall be screened from view with landscaping and/or a combination of landscaping, decorative fencing, low-height walls to the greatest extent feasible.

d. Parking/Queuing

• i. All customer idling and queuing areas shall be separated from nearby residential zoning districts with on or offsite intervening structures (car wash, service station, or other buildings) or other solid shielding features in addition to any required property line walls.

3.7.9.J. Storage of Operable Boats, RVs, or Vehicles and Auto Wholesale

[ADDED 07-16-2020]

1. Permitted provided that the entire operation, including the parking and storage of vehicles in connection with the operation, is conducted within a completely enclosed building or completely screened from view within a fenced-in area in accordance with Section 5.2.5., “Development Standards for Walls and Fences,” and provided that all vehicle repair and service activities are conducted entirely within a completely enclosed building.

2. For office space restrictions refer to section 3.9.3.I.

3. For auto wholesale operations that are “office only” the General Office Use allowances of this Code shall apply.