(Ord. MC-1233, 10-02-06)
1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for the establishment of a new business, or the relocation of an existing business, in the City of San Bernardino within the following categories of commercial uses:
A. Smoke Shops and Hookah Lounges- Establishments that either exclusively sell or have more than ten percent (10%) of their floor area dedicated to the display, use, or sale of cigarettes, cigars, pipes, bongs, tobacco, hookah, e-cigarettes, and related paraphernalia.
Ord. MC-1405, 7-07-14
B. Single-price overstock-discount store - Establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock merchandise, and primarily at a single discount price in the low and very low price ranges, including but not limited to food stuffs, alcoholic beverages, apparel and accessories, costume jewelry, notions and wares, housewares, fountain refreshments, and toys. This category shall not include single-price overstock discount stores containing a minimum floor area of 9,000 square feet in size and approved under a Conditional Use Permit.
(Ord. MC-1367, 11-08-11)
C. Tattoo Parlors and-or Body Piercing Studios - Establishments that engage in any method of placing permanent designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring and-or establishments that create an opening in the body of a person for the purpose of inserting jewelry or other decoration. This category shall not include licensed physicians, nurses, electrologists, and cosmetologists and shall also not include jewelry stores that offer ear piercing.
D. Second Hand Stores-Thrift Stores - Establishments that sell used merchandise such as clothing and shoes, household furniture, home furnishings and appliances, books and magazines, office furniture, used musical instruments, used phonographs and records, used fixtures and equipment, including re- sale shops, consignment shops, and similar businesses. This category shall not include the following:
1. Stores owned or operated by existing entities recognized as non-profit by the Secretary of State of the State of California, and in "good status" with the same.
2. Antique Stores - An antique, for the purposes of this ordinance, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, and at least 50 years old. This includes any premise used for the sale or trade of articles of which 90% or more are over 50 years old or have collectible value.
3. Existing, legally established indoor concession malls and outdoor swap meets, unless otherwise prohibited.
E. Check-Cashing, Cash Advance, and Loan Facilities - Establishments that engage, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose, such facilities do not include a state or federally chartered bank, savings and loan association, credit union, or industrial loan company.
1. This category shall include any business licensed by the California Commissioner of Corporations to make deferred deposit transactions pursuant to California Financial Code Section 23000 et seq., sometimes referred to as "payday advance," "cash advance," or "payday loan" services.
2. This category shall not include any ancillary check-cashing facility that is located entirely within a major retailer over 15,000 square feet in size.
F. Convenience Stores (if located within a one mile radius or another convenience store) - The retail sale of groceries, staples, sundry items, and-or alcoholic beverages where the gross floor area is less than 5,000 square feet. This category shall not include any convenience store located on the same parcel with an automobile service station.
G. Pawn Shops - Businesses that loan money or other items of value to any person, firm or corporation, upon any personal property, personal security or the purchasing of personal property and reselling or agreeing to resell such articles at prices previously agreed upon.
1. This category shall not include any legally established pawnshop in an unreinforced masonry building to be relocated to another building within 50 feet of the current location.
2. This category shall not include any legally established pawnshop relocating to another property within the City subject to approval of a Conditional Use Permit.
(Ord. MC-1443, 5-01-17)
H. Automotive Stereo Shops - Establishments that either exclusively or as a substantial portion (+50%) of their floor area, sell and install automotive stereos and accessories. This category shall not apply to the establishment of a new Automotive Stereo shop in the Auto Center Plaza area.
I. Tire Stores - Establishments less than 5,000 square feet in size which sell new and-or used automobile tires and accessories. This category shall not include legally established service stations and auto repair facilities.
J. Self-service Laundry - Any commercial establishment providing the use of self-service washing machines and dryers to the public, usually coin-operated. This category shall not include self-service laundries approved under a Conditional Use Permit to be established in a multi-tenant center of at least 20,000 square feet.
(Ord. MC-1367, 11-08-11)
K. Recycling Center - Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, recyclable materials from the public, unless required as a Certified Recycling Center by the California Public Resources Code, or donation drop boxes operated by a valid non-profit organization.
(Ord. MC-1381, 12-19-12)
L. Party Supply Stores - Establishments that either exclusively or as a substantial portion of their floor area, sell or rent party supplies and equipment. This category shall not include party supply stores of at least 2,500 square feet and located in a multi-tenant center of at least 20,000 square feet, or party supply stores established in a single-tenant building of at least 10,000 square feet of floor area; and approved under a Conditional Use Permit.
(Ord. MC-1367, 11-08-11)
2. Section 19.06.025(1) shall not apply to any of the enumerated uses if established in a shopping center or mall containing over 150,000 square feet of floor area and that have at least one major commercial-anchor-tenant, and subject to approval of a Conditional Use Permit pursuant to Development Code Chapter 19.36.
Ord. MC-1405, 7-07-14
3. Section 19.06.025(1) shall not apply to any of the enumerated uses if that use is exclusively established in single independent building exceeding 25,000 square feet in size