ARTICLE 25
COMMERCIAL DISTRICTS
25-25-1: INTENT AND PURPOSE:
The commercial districts are established to permit a range of retail and service commercial uses to meet the commerce needs of city residents, visitors, and the work force. Commercial centers shall be located along major thoroughfares in the city. Master planned centers of five (5) acres or more are preferred. Strip development that exists on Long Beach Boulevard and Atlantic Avenue are allowed. The development of new strip commercial centers is highly discouraged unless constrained to this pattern by natural features. Toward this end, the following districts are established:
A. Controlled Business (CB-1): The planned business (CB-1) district provides locations where daytime, service oriented businesses may locate to allow for the efficient interaction of complementary service industries. Professional offices, including medical offices and clinics, represent the primary permitted uses. Minor support uses may include small restaurants, cafes, retail shops, and child daycare centers.
B. Light Commercial (C-2): The light commercial (C-2) district provides for a limited range of smaller scale business activities, which serve the needs of residents who live nearby. Typical businesses include, but are not limited to, food and drug stores, childcare, clothing stores, neighborhood serving convenience stores, and professional and business offices. The regulations in this article are aimed toward ensuring that development within the light commercial zone is compatible with the surrounding area with respect to the type of use, scale, intensity of development, architectural character, and other impacts upon the community, and that the activities serve the needs of the adjoining residential neighborhoods.
C. Medium Commercial (C-2A): The medium commercial (C-2A) district provides for retail centers that serve communitywide needs. The medium commercial district provides for commercial areas that include, but are not limited to, the manufacture of bakery goods, manufacture of ceramic products, manufacture of musical instruments toys and novelties, motels and hotels and places of religious worship.
D. Heavy Commercial (C-3): The heavy commercial (C-3) district provides for retail centers that serve communitywide needs and neighborhood needs. The heavy commercial district provides for commercial areas that include, but are not limited to, large retail uses such as “big box” stores, furniture stores, appliance and home electronics retailers; movie theaters; service commercial businesses; professional business offices; and restaurants. The district also provides for a wide range of smaller scale business activities which serve the needs of residents who live nearby. Typical businesses include, but are not limited to, food and drug stores, childcare, clothing stores, neighborhood serving convenience stores, and professional and business offices. The regulations in this article are aimed toward ensuring that development within the heavy commercial zone is compatible with the surrounding area with respect to the type of use, scale, intensity of development, architectural character, and other impacts upon the community, and that the activities serve the needs of the adjoining residential neighborhoods.
E. Automobile Parking (P-1): The parking (P-1) district may be combined with all other zones within the city and shall be applied in conformance with a plot or site plan approved as part of any application for discretionary approval or to any municipal or district parking lots established within the city. Uses permitted include off street parking lots, parking structures, accessory and sign uses as permitted in the zone with which the P-1 zone is combined. Outside displays are prohibited.
F. Hospital-Medical-Dental (HMD): The hospital-medical-dental (HMD) district provides for a variety of hospital, rest home, convalescent, professional office and accessory uses. Other related permitted uses, without signage, include recreational facilities, parking structures, laundry, library, restaurant and cafeteria, barber and beauty shop, day nursery, dormitory, florist, gift shop, book shop and pharmacy. Uses permitted with a conditional use permit include facilities for alcoholic treatment, long term care for chronically ill, mental hygiene home, school for mentally retarded, ambulance services and medical or dental schools with their related facilities. (Ord. #1563, §3)
25-25-2: USES:
A. Appendix A of this chapter indicates the uses permitted in the commercial zone districts. Commercial uses represent the primary permitted uses, although other uses are allowed as accessory, conditionally permitted, and temporary uses, as indicated in appendix A of this chapter.
B. Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in article 130 of this chapter. Temporary uses and conditions are subject to the review requirements and conditions contained in article 155 of this chapter. Also, certain uses such as churches and businesses involved in the sale of alcoholic beverages may be subject to special use standards outlined in article 80 of this chapter. (Ord. #1563, §3)
25-25-3: SITE PLAN REVIEW APPROVAL:
Site plan review approval, as described in article 150 of this chapter, is required for all commercial development projects involving the construction of new buildings or additions to existing buildings. (Ord. #1563, §3)
25-25-4: DEVELOPMENT STANDARDS:
Table 25-1 of this section indicates the development standards for all commercial zone districts.
|
Zone Districts |
||||||
|---|---|---|---|---|---|---|
|
Development Standard |
CB-1 |
C-2 |
C-2A |
C-3 |
HMD |
P-1 |
|
A. Minimum project size, GLA |
5,000 sf |
10,000 sf |
10,000 sf |
10,000 sf |
10,000 |
10,000 |
|
B. Minimum lot dimensions Depth Width |
120 ft 120 ft |
200 ft 100 ft |
100 ft 100 ft |
100 ft 100 ft |
100 ft 100 ft |
100 ft 100 ft |
|
C. Maximum height1 |
190 ft |
75 ft |
75 ft |
75 ft |
75 ft |
75 ft |
|
D. Landscaping required |
At least 7 percent of the project area (exclusive of areas within a public right of way) must be landscaped. |
|||||
|
E. Parking lot landscaping |
At least 5 percent of parking areas (exclusive of loading areas) must be landscaped. This landscaping may be counted toward the total site area landscaping required in subsection D of this table. |
|||||
|
F. Maximum floor area ratio (FAR) |
No maximum floor to area ratio; FAR will be subject to meeting parking and landscaping standards. |
|||||
|
G. Minimum front yard setback Setback to building Setback to parking area |
10 ft 10 ft |
10 ft 10 ft |
10 ft 10 ft |
10 ft 10 ft |
10 ft 10 ft |
10 ft 10 ft |
|
H. Minimum side yard setback2 Street side All others |
10 ft 5 ft |
10 ft 5 ft |
10 ft 5 ft |
10 ft 5 ft |
10 ft 5 ft |
10 ft 5 ft |
|
I. Minimum rear yard setback 3 |
5 ft |
5 ft |
5 ft |
5 ft |
5 ft |
5 ft |
Abbreviations: sf = square feet; ft = feet; GLA = gross land area
Notes:
1. On lots located adjacent to a residential zone district, building height shall be limited to 35 feet.
2. Only 1 side yard is required. If a site adjoins a property zoned for residential, open space, or institutional uses, then the side yard must be provided on that side.
3. A rear yard is required only when the adjoining rear property is zoned for residential, open space, or public uses.
(Ord. #1563, §3; Ord. #1572, §5)
25-25-5: ACCESSORY USES AND STRUCTURES:
Accessory buildings and structures are subject to the same height and setback requirements described for primary buildings and structures in table 25-1, section 25-25-4 of this article, except as modified by section 25-10-7, “Projections Into Yards”, of this chapter. (Ord. #1563, §3)
25-25-6: ALCOHOLIC BEVERAGE OUTLETS:
The establishment, operation, and maintenance of any alcoholic beverage outlet is subject to the following regulations:
A. It is unlawful to establish an on site alcoholic beverage outlet for patrons of legal drinking age or older only if the location is:
1. Within five hundred feet (500') of any area zoned or used for any church or park or any educational institution utilized by minors; or
2. Within one hundred feet (100') of any area zoned for residential purposes.
B. Zoning districts in which on site and off site sales of alcoholic beverages are permitted are shown in appendix A of this chapter.
C. The establishment of any alcoholic beverage outlet includes the opening of such a business as a new business, the relocation of such business, the conversion of an existing use or premises to any alcoholic beverage outlet use, and/or the expansion or change of the type of alcoholic beverages to be sold at an alcoholic beverage outlet (that is, a change in the type of retail liquor license within a license classification).
D. Notwithstanding the above provisions, any property owner or his/her/its authorized agent may request exceptions or modifications of the location provisions of this section in conjunction with the required conditional use permit application. No application shall be approved unless the findings required for a conditional use permit contained in article 130 of this chapter and the following findings are made:
1. That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this section will be observed;
2. That the proposed use will not enlarge or encourage the development of a blighted area;
3. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any other city program; and
4. That all applicable regulations of the zoning district in which the use is permitted will be observed. (Ord. #1563, §3)
25-25-7: ENTERTAINMENT ESTABLISHMENTS:
A. City council approval of a special permit consistent with this municipal code.
B. Noise levels shall not exceed the standards set forth in article 90 of this chapter, when measured at the nearest residential property line.
C. Entertainment uses providing dancing, music, and similar activities may be required to submit a security plan for review by the planning department, the police department, and the fire department. This security plan, which may be approved by the development services director or his/her designee, may include information on the number and type of security personnel to be on duty during hours of operation, the type of equipment provided to the security personnel, and proposed methods of coordination with public safety personnel (police and fire).
D. Dancing, music, and similar entertainment uses shall not be permitted between the hours of two o’clock (2:00) A.M. and ten o’clock (10:00) A.M.
E. The city may apply additional requirements or limitations to ensure compatibility with surrounding land uses where the use in question relies upon a conditional use permit, temporary use permit, or other discretionary permit. (Ord. #1563, §3)
25-25-8: OUTDOOR DISPLAY AND STORAGE:
The following restrictions apply to outdoor display of goods and materials:
A. Only goods and materials sold or used on site may be stored or displayed.
B. No display shall exceed six feet (6') in height, except as approved by a site plan approval, conditional use permit, or temporary use permit as outlined in articles 150, 130, and 155, respectively, of this chapter.
C. The outdoor display of garden equipment and supplies and building materials shall be permitted only within the side and rear yards.
D. No outdoor display shall occupy any part of a required parking area except by temporary permit.
E. Outdoor display shall not violate clear corner area standards of section 25-10-8 of this chapter.
F. Outdoor display areas shall provide adequate security lighting. (Ord. #1563, §3)
G. Outside displays shall be limited to two (2) items or a maximum of ten (10) square feet in area.
H. Outside display items shall be located out of the public right of way or adjacent to the building if there is no front setback area.
I. When an outside display is located within a specific plan area, planned development or pursuant to a pilot program, said displays shall comport with the specific requirements of these plans. (Ord. #1572, §6)
25-25-9: RECYCLING FACILITIES:
A. General: No person shall establish or operate a recycling facility without first obtaining the conditional use permit required by this zoning code. Permitted recycling facilities shall comply with all applicable criteria and standards as follows and any additional conditions which may be established by any discretionary permit process.
B. Reverse Vending Machines: Reverse vending machines occupying up to but not more than fifty (50) square feet of floor area within or directly adjacent to a commercial structure shall:
1. Be permitted in commercial centers only;
2. Be located within thirty feet (30') of the entrance to the primary use and shall not obstruct pedestrian or vehicular circulation;
3. Not occupy parking spaces required by the primary use;
4. Not require additional parking spaces;
5. Not be more than eight feet (8') in height;
6. Be constructed and maintained with durable waterproof and rustproof material;
7. Be clearly marked with operating instructions and the telephone number of a responsible person to call if the machine is out of order;
8. Be maintained in a clean and litter free condition on a daily basis;
9. Be illuminated to ensure comfortable and safe operation; and
10. Be usable at least as long as the operating hours of the primary use.
C. Small Collection Recycling Facilities And Mobile Recycling Units: Small collection facilities and mobile recycling units occupying less than five hundred (500) square feet of floor area shall:
1. Be permitted in commercial centers only;
2. Be established in conjunction with a primary use which is in compliance with the zoning building, fire, and health codes of the city;
3. Occupy no more than three (3) of the parking spaces required for the primary use, not including spaces required for the periodic removal of containers or materials;
4. Not obstruct pedestrian or vehicular circulation;
5. Accept only glass, metals, plastic containers, and paper. Other reusable materials may be permitted if reviewed and deemed appropriate by the planning director;
6. Use no power driven equipment other than that required to operate reverse vending machines;
7. Be constructed and maintained with durable waterproof and rustproof material;
8. Be secure when the site is not attended;
9. Be of sufficient capacity to accommodate materials collected and the proposed collection schedule;
10. Be maintained in a clear and litter free condition on a daily basis;
11. Be clearly marked with operating instructions and a telephone number of a responsible person to call if the facility is out of order;
12. Require no additional parking spaces; and
13. Be attended during their hours of operation, which should be at least as long as those of the primary use(s) to which they are appurtenant.
D. Large Collection Recycling Facilities: Large collection recycling facilities covering more than five hundred (500) square feet of floor area or established independent shall:
1. Be permitted in the manufacturing zone only;
2. Maintain a three hundred foot (300') distance from property zoned for residential use;
3. Be maintained free of litter and other undesirable materials;
4. Provide covers and secure containers for the exterior storage or material;
5. Provide one parking space for each five hundred (500) square feet of floor area, plus one space for each employee and one space for each commercial vehicle operated by the facility;
6. Be attended during the hours of operation, which shall be limited to the hours of eight o’clock (8:00) A.M. to five o’clock (5:00) P.M. daily; and
7. Be operated in a manner so as not to disrupt the activities of adjacent uses. (Ord. #1563, §3)
25-25-10: SERVICE STATIONS:
The following conditions on the development and use of service station facilities shall apply:
A. Permitted in commercial zones subject to a conditional use permit.
B. Canopies erected over pump islands shall be set back a minimum of five feet (5') from the public right of way.
C. Pump islands, when designed parallel to or up to thirty degrees (30°) to the nearest street right of way, shall be set back a minimum of fifteen feet (15') from the public right of way.
D. Pump islands, when designed at an angle greater than thirty degrees (30°) to the nearest street right of way, shall be set back a minimum of twenty five feet (25') from the right of way.
E. All other structures shall be set back as required by the zoning within which the service station is located. (Ord. #1563, §3)
25-25-11: MOTELS AND HOTELS:
A “motel” shall be defined as an establishment providing transient accommodations containing six (6) or more rooms with at least twenty five percent (25%) of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. A “hotel” shall be defined as a facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities. For both motels and hotels a conditional use permit shall be obtained and the following standards met:
A. Permitted in commercial zones subject to a conditional use permit.
B. No cooking facilities shall be permitted in any rooms, other than the manager’s.
C. The following development standards must be met:
1. Hotel parking: One off street parking space per room. In addition, there must be a restaurant or banquet facilities with parking provided at one space per one hundred (100) square feet of gross floor area, and employee parking at one off street space per six (6) rooms.
2. Motel parking: One off street parking space per room and one off street parking space per six (6) rooms for employee parking.
3. Landscaped setback: Fifteen feet (15') front yard, five feet (5') side yards and fifteen feet (15') rear yard.
4. Minimum lot depth: Two hundred feet (200').
5. Minimum lot size: Two (2) acres.
6. Each hotel must have a bona fide restaurant or banquet facility with a minimum of five thousand (5,000) square feet of gross floor area.
7. Minimum number of units: One hundred (100) units.
8. Minimum motel unit size: Four hundred (400) square feet including restroom.
9. Minimum hotel unit size: Four hundred (400) square feet including restroom.
10. No motel use shall be within one hundred feet (100') of a residential use.
D. Such uses shall be permitted only within one thousand five hundred feet (1,500') of a freeway.
E. No room shall be rented more than once within a twenty four (24) hour period.
F. Any other conditions deemed necessary by the planning commission to protect the public health, safety and general welfare of the surrounding community. (Ord. #1563, §3)
25-25-12: PLACES OF RELIGIOUS WORSHIP:
A. Conditional Use Permit Required: Uses are only permitted in residential zones. Every building used in whole or in part for the gathering of persons for worship shall have a conditional use permit granted by the planning commission.
B. Development Standards: The following development standards shall be met:
1. Minimum lot area: One-half (1/2) acre (21,780 square feet).
2. No such use shall be located within three hundred feet (300') of another property used for church or religious purposes.
3. All signage shall be approved by the development services director prior to installation.
4. Setbacks:
a. In the residential zones, no building shall be hereinafter erected, structurally altered or used for a school, church, institution or other similar use permitted under this article, unless such buildings are removed at least fifteen feet (15') from every property line in the R zones; except, this condition does not apply to those boundaries of adjacent properties that are occupied by nonresidential uses.
The front yard between the front of the building and the street shall be used for landscaping, sidewalks, or driveways.
b. In the commercial zones, there shall be a minimum required front setback of ten feet (10'), which shall be landscaped.
5. A church steeple or bell tower may be extended a maximum of fifteen percent (15%) above the building height in the zone in which such use is located. There shall be no floor space above the height limit.
6. Parking:
a. Not less than one parking space shall be provided for each five (5) permanently fixed seats for every building used in whole or in part for the gathering of persons for worship.
b. Every building used in whole or in part for the gathering of persons for worship shall have one space for each seventy (70) square feet of the usable floor area of such buildings where seats are not fixed.
c. The planning commission shall not approve off street parking on a separate lot from the building site or sites unless all of the following conditions are met:
(1) Such lot is located as to be useful in connection with the proposed use or uses on the building site,
(2) Parking on such lot will not create undue traffic hazards in the surrounding area,
(3) Such lot and building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owners are entitled to the immediate possession and use thereof. Ownership of the off site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses of the site.
7. Landscaping: The following shall be the minimum requirements for the provision and maintenance of landscaped areas:
a. A landscape plan shall be submitted.
b. All landscaped areas shall be provided with irrigation capable of complete coverage of the areas and designed to minimize runoff and wasting of water. The irrigation system shall be electronically timed. Such system shall be maintained in a fully operational condition.
c. All landscaped areas shall be landscaped with a mixture of ground cover, shrubs and trees, and may include decorative rock, sculpture, and walkways.
d. One tree shall be provided for each five (5) parking spaces. The trees shall be of a species that provides a broad canopy.
e. All required landscaping materials shall be not less than the following sizes:
(1) Trees shall be at least fifteen (15) gallons.
(2) Shrubs shall be at least five (5) gallons.
(3) Lawn shall be of sod and shall cover the exposed area.
If adequate space to plant a fifteen (15) gallon tree is not available, three (3) 5-gallon shrubs may be substituted for each tree, upon the approval of the development services director.
f. All landscaped areas shall be maintained in a neat and orderly condition and free of weeds and litter.
8. Lighting: The parking area shall be illuminated with lights directed and shielded to prevent light intrusion to adjacent sites.
9. Fences or walls:
a. All uses abutting a residential zone shall be screened by a solid fence or wall not less than six feet (6') in height, except in the front yard area of such residential lot, where the fence or wall shall be four feet (4') in height.
b. All walls or fences shall be in good repair at all times without broken parts, holes, or litter. (Ord. #1563, §3)
25-25-13: AUTOMOBILE USES:
Automobile repair, used car sales, car washes, auto alarm installation and sales, auto tire sales and service, and auto upholstery sales and service are permitted in the C-3 zone district subject to a conditional use permit or in the M zone with a site plan review. Auto uses shall comply with the following standards:
A. All auto repair and service shall be within a building or under a covered service area only. No auto repair shall be permitted in the open or in designated parking areas.
B. A minimum of seven percent (7%) of the gross lot area shall consist of landscaping and a permanent irrigation system.
C. No damaged, wrecked or inoperable vehicles or any parts thereof shall be stored on site except within an enclosed building, except vehicles that are being serviced on site.
D. A minimum of one trash enclosure shall be provided with solid block walls on three (3) sides and a solid and sight obscuring gate. (Ord. #1572, §7)
25-25-14: AUTO BODY SHOPS:
Auto body shops are only permitted in the M zone district with a conditional use permit. (Ord. #1563, §3)