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A. Community Care Facilities.

1. Permits Required. Community care facilities in a Residential District require permits as follows:

(a) Change of use: Zoning Certificate.

(b) New construction: Use Permit.

2. ES-R District. Community care facilities in the ES-R district must comply with the following standards:

(a) Maximum of six residents.

(b) Permitted pursuant to Health and Safety Code Section 1566.3 when occupying a legally established existing single-family dwelling.

B. General Retail.

1. In the R-4, R-5, R-S, and R-SMU districts, general retail uses must be:

(a) Accessory to another use;

(b) Contained within a building with no street access; and

(c) Without displays of merchandise visible from the street.

2. In the R-BMU district, General Retail is:

(a) Permitted with a Use Permit at the North Berkeley BART station;

(b) Permitted with a Zoning Certificate at the Ashby BART station. (Ord. 7815-NS § 4, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)