C-N Neighborhood Commercial Zoning Permitted Uses


Chapter 23E.40
C-N NEIGHBORHOOD COMMERCIAL DISTRICT PROVISIONS

 

A.    The following table sets forth the permits required for each listed item. Each use or structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)) or is prohibited.

Table 23E.40.030

Use and Required Permits 

Use

Classification

Special Requirements (if any)

Retail Sales

All Retail Sales Uses, except those listed below

ZC*

As defined in Sub-title F, except otherwise listed. (Does not include Video Rental Stores)

Alcoholic Beverage Retail Sales including liquor stores and wine shops

UP(PH)

Includes sale for off-site consumption at restaurants

Department Stores

AUP

 

Over 3,000 s.f.

Prohibited

 

Firearm/Munitions Businesses

UP(PH)

Prohibited on any property devoted to residential use

Pawn Shops, including Auction Houses

Prohibited

 

Pet Stores, including Sales and Grooming of Animals (but not Boarding)

UP(PH)

 

Smoke Shops

UP(PH)

Prohibited if within 1,400 feet of a school or public park

Personal and Household Services

All Personal and Household Services, except those listed below

ZC*

As defined in Sub-title F, except those otherwise listed (does not include Massage)

Laundromats

UP(PH)

Veterinary Clinics, including Pet Hospitals

UP(PH)

 

Offices

Financial Services, Retail (Banks)

UP(PH)

Insurance Agents, Title Companies, Real Estate Agents, Travel Agents

ZC*

When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area

Medical Practitioners including Holistic Health and Mental Health Practitioners

AUP**

Subject to additional parking requirements under Section 23E.40.080.B

Other Professionals and Government, Institutions, Utilities

AUP**

When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area

Food and Alcohol Service, Lodging, Entertainment and Assembly Uses

Adult-oriented Businesses

Prohibited

 

Alcoholic Beverage Service of beer and wine incidental to food service at quick and full service restaurants

AUP

For on-site consumption only

Alcoholic Beverage Service, including Bars, Cocktail Lounges and Taverns

UP(PH)

Includes service of distilled spirits incidental to food service

Amusement Device Arcades

Prohibited

 

Commercial Recreation Center

UP(PH)

 

Dance, Exercise, Martial Arts and Music Studios

ZC*

 

Entertainment Establishments

UP(PH)

Includes Nightclubs

Food Service Establishments

 

 

Carry Out Food Service Stores

AUP**

 

Under 1,000 s.f.

ZC

 

Quick Service Restaurants

AUP**

Subject to additional parking requirements under Section 23E.40.080.B

Under 1,000 s.f.

ZC

Full Service Restaurants

AUP**

 

Under 1,000 s.f.

ZC

 

Group Class Instruction for Business, Vocational or Other Purposes

AUP**

 

Gyms and Health Clubs

ZC*

 

Hotels, Tourist

UP(PH)

Includes Inns, Bed and Breakfasts and Hostels

Motels, Tourist

Prohibited

 

Theaters

UP(PH)

Includes Motion Pictures and Stage Performance

Automobile and Other Vehicle Oriented Uses

Automobile Parts Stores

ZC*

Excluding service of auto parts

Automobile Repair and Service

Prohibited

Includes Parts Service

Automobile Sales and Rentals

Prohibited

 

Automobile Washes, Mechanical or Self-Service

Prohibited

Automobile Wrecking Establishments

Prohibited

 

Gasoline/Automobile Fuel Stations

UP(PH)

 

Motorcycle Stores

Prohibited

Includes Sales and/or Service

Recreational Vehicle and Trailers Sales and Rental

Prohibited

Includes Boats

Tire Sales/Service Stores

Prohibited

Parking, Outdoor and Exterior Service Window Uses

Activities or Storage Outside of a building

 

 

Not abutting R-District

AUP

 

When abutting R-District

UP(PH)

 

Automatic Teller Machines

UP(PH)

Exterior and when part of a Retail Financial Service

Drive-in Uses

Prohibited

Providing service to customers in their cars. See definition in Sub-title F

Parking Lots

UP(PH)

 

Recycling Redemption Centers

AUP

 

Outdoor Cafe Seating

 

Quick and Full-Service Restaurants only

When seating not abutting R-District

ZC

 

When seating abutting R-District

AUP

 

Combination Commercial/Residential Uses

Live/Work Units

 

 

Not requiring a UP under Chapter 23E.20

ZC

 

Requiring a UP under Chapter 23E.20

UP(PH)

 

Mixed Use Developments (Residential/Commercial)

UP(PH)

Subject to the standards under Section 23E.40.070.D

Uses Incidental to a Permitted Use

Amusement Devices (up to three)

UP(PH)

 

Food or Beverage for Immediate Consumption

AUP

 

Live Entertainment

 

 

Unamplified

ZC

 

Amplified

UP(PH)

 

Manufacturing Uses

UP(PH)

 

Storage of Goods (over 25% of gross floor area)

AUP

 

Wholesale Activities

UP(PH)

 

Uses Permitted in Residential Districts

Accessory Uses and Structures

Per R-3 District

See Table 23D.36.030

Child Care Centers

UP(PH)

 

Clubs, Lodges

UP(PH)

Community Centers

UP(PH)

 

Dwelling Units, subject to R-3 Standards

UP(PH)

Standards may be modified under Section 23E.40.070.E

Group Living Accommodations subject to R-3 Standards

UP(PH)

Standards may be modified under Section 23E.40.070.E

Hospitals

Prohibited

Hotels, Residential, including Single Room Occupancy (SRO) Hotels

UP(PH)

 

Libraries

UP(PH)

Subject to parking requirements; see Section 23E.40.080.B

Nursing Homes

UP(PH)

Subject to parking requirements; see Section 23E.40.080.B

Parks and Playgrounds

ZC

 

Public Safety and Emergency Services

UP(PH)

 

Religious Assembly Uses

UP(PH)

 

Schools, Public or Private

UP(PH)

 

Senior Congregate Housing

 

Changes of use from an existing dwelling unit

Six or fewer persons

ZC

Seven or more persons

AUP

New Construction

UP(PH)

Miscellaneous Uses

Automatic Teller Machines

UP(PH)

When not a part of a Retail Financial Service

Cafeteria, Employee or Residential

UP(PH)

 

Cemeteries, Crematories, Mausoleums

Prohibited

 

Columbaria

AUP

Allowed with a ZC if incidental to a Community and Institutional Use, limited to 400 niches, no more than 5% of the subject property area, and located within the main building

Circus or Carnival

UP(PH)

 

Commercial Excavation

UP(PH)

Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas

Dry Cleaning and Laundry Plants

Prohibited

 

Kennels or Pet Boarding

Prohibited

 

Laboratories, Testing

Prohibited

 

Mortuaries

Prohibited

 

Public Utility Substations, Tanks

UP(PH)

 

Radio, Television or Audio/Sound Recording and/or Broadcast Studios

UP(PH)

 

Warehouses or Storage including Mini-storage Warehouses

Prohibited

 

Wireless Telecommunications Facilities

 

 

Microcell Facilities, Modifications to Existing Sites, and Additions to Existing Sites When the Site Is Not Adjacent to a Residential District

AUP

Subject to the requirements of Section 23C.17.100

All Other Telecommunication Facilities

UP(PH)

Subject to the requirements of Section 23C.17.100

Legend:

ZC Zoning Certificate

AUP Administrative Use Permit

UP(PH) Use Permit, public hearing required

Prohibited Use not permitted

*Change of Use of floor area between 2,000 and 3,000 sq. ft. shall require an AUP; over 3,000 sq. ft. shall require a UP(PH)

**Change of Use of floor area over 3,000 sq. ft. shall require a UP(PH)

B.    Any Use not listed that is compatible with the purposes of the C-N District shall be permitted subject to securing a Use Permit. Any use that is not compatible with the purposes of the C-N District shall be prohibited.

C.    The initial establishment, or change, of use of floor area of an existing non-residential building, or portion of building, shall be subject to the Permit requirements as listed in the legend of Table 23E.40.030. (Ord. 7204-NS  4, 2011; Ord. 7191-NS  3, 2011: Ord. 7155-NS  10, 2010; Ord. 7129-NS  10, 2010; Ord. 6854-NS 15, 2005: Ord. 6671-NS 7, 2001: Ord. 6669-NS 1,2, 2001: Ord. 6644-NS 2, 2001: Ord. 6478-NS 4 (part), 1999)

The Berkeley Municipal Code is current through Ordinance 7322-NS, passed December 17, 2013.

Disclaimer: The City Clerk's Office has the official version of the Berkeley Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.

City Website: http://www.cityofberkeley.info/Home.aspx
Telephone number: (510) 981-6900

 

 

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