Chapter 11.17
C-R COMMERCIAL-RESIDENTIAL ZONE

Sections:

11.17.010    Permitted uses.

11.17.020    Limitations on permitted uses.

11.17.025    Minimum setback requirements.

11.17.030    Permitted height.

11.17.040    Permitted floor area ratio and floor area.

11.17.050    Required open space.

11.17.060    Lot area.

11.17.070    Lot width.

11.17.080    Development standards for single-family residential dwellings.

11.17.010 Permitted uses.

In the C-R zone, the following uses only are permitted and as hereinafter specifically provided and allowed by this chapter, subject to the off-street parking and loading area requirements and the general provisions and exceptions set forth beginning with Chapter 11.30:

(1)    Any use in the R-4 and C-C zones except petroleum products service stations, provided residential uses shall conform to the requirements and restrictions of the R-4 zone pertaining to residential uses. (Ord. 1341 § 5, 8-8-77).

(2)    Appliance stores and repairing.

(3)    (Deleted by Ord. 1192 § 2, 12-18-72).

(4)    Bakeries, retail.

(5)    Billiard halls and pool halls.

(5.6) Boardinghouses and lodginghouses.

(6)    Bowling alleys.

(7)    Cleaning and pressing establishments using noninflammable and nonexplosive cleaning fluids or liquids with a flash point above 138.5 degrees Fahrenheit in a closed safety cleaning system.

(8)    Clubs. The serving of alcoholic beverages for consumption on the premises shall be subject to the issuance of a conditional use permit, except that no use permit shall be required as to establishments which have been in existence on September 13, 1961, and have continuously since that date operated as establishments serving alcoholic beverages for consumption on the premises.

(8.1) Communications equipment building.

(9)    Conservatories of music (instrument and vocal instruction).

(10)    Dressmaking shops.

(11)    Electric distribution and transmission substations, including microwave transmitter incorporated as a part of a public utility installation; provided, however, any tower or portion of the receiver that extends six feet or more in height and is not enclosed within a building, shall be subject to the issuance of an unclassified use permit.

(11.1) Electrical contractors, subject to the issuance of a conditional use permit.

(12)    Equipment sales and rental.

(13)    Fine arts galleries (commercial).

(14)    Frozen food or cold storage lockers, but not including packing houses or food processing or warehousing.

(14.5) (Deleted by Ord. 1328 § 1, 5-9-77; Ord. 1284 § 1, 2-23-76 (repealed)).

(15)    Gas distribution, meter and control stations of a public utility.

(16)    Gymnasium, public, commercial, or physical culture studios.

(17)    Hospitals (except mental hospitals unless authorized under Chapter 11.26).

(18)    Ice, packaged; storage and retail dispensing not exceeding five-ton capacity.

(19)    Job printing, provided the following conditions are conformed to:

(a)    No publishing is conducted on the premises.

(b)    Not less than ten percent of the total floor area involved in such enterprise shall be devoted to the retail sales of stationery and office supplies, and such area shall be located in the front of the building with direct access from the street.

(c)    The limitation of five employees as established by this chapter shall not apply, but no more than fifteen persons may be so employed.

(19.6) Laundromats, subject to the issuance of a conditional use permit. (Ord. 1192 § 3, 12-18-72).

(20)    Laundry agencies.

(21)    (Deleted by Ord. 2030 § 3, 1-13-98).

(22)    Medical-dental buildings and clinics (no overnight patients). All proposed medical and dental related uses (new or expanded) city wide, shall be required to meet the parking requirements as defined by the zoning code. Further, all new or expanded businesses that are within any parking district shall be prohibited from taking advantage of the districts’ exemption. (Ord. 2006 § 3, 6-25-96).

(23)    Mortuaries, subject to the issuance of a conditional use permit.

(24)    (Deleted by Ord. 1696 § 1, 4-28-86).

(24.2) Motor vehicle parts store subject to the issuance of a conditional use permit. No repair or rebuilding of any motor vehicle parts or accessories may be performed on the premises; provided, however, that machines necessary to the successful operation of the business may be permitted if the planning commission determines that said machines will not be detrimental to the surrounding land uses in terms of excessive fumes, noises, odors, etc. (Ord. 1166 § 3, 2-14-72).

(25)    (Deleted by Ord. 1329 § 1, 5-9-77).

(26)    Nurseries, horticultural.

(28)    Parking lots, when improved and maintained as provided in Section 11.34.090; provided, that no such area shall be used for a car sales area or for the accessory storage of cars.

(29)    Patrol and warning service, including private detective agencies.

(30)    Pet food catering services.

(31)    Poultry and rabbit (dressed only, no live fowl or rabbits on the premises.)

(31.5) Schools relating to the instruction of:

(a)    Commercial activities which are taught in classrooms, such as real estate, secretarial training, business schools, etc., provided, however, if there are over fifteen students receiving training at any one time, a conditional use permit shall be required.

(b)    Commercial activities such as hair styling, medical-dental technicians, business machines, etc.; provided, however, if there are over fifteen students receiving training at any one time, a conditional use permit shall be required.

(c)    Social arts, such as drama, dance, vocal, etc.; provided, however, if there are over fifteen students receiving training at any one time, a conditional use permit shall be required. (Ord. 1038, 3-13-67).

(32)    (Deleted by Ordinance 2035 § 1 (part), 4-28-98)

(33)    Stationery and bookstores.

(34)    Studios, such as interior decorating, record recording, dancing or photographers.

(35)    Swimming pool (commercial).

(36)    Theaters or auditoriums, subject to a conditional use permit.

(39)    Upholstery, custom work.

(39.1) (Deleted by Ordinance 2197 § 2 (part), 6-28-05).

(40)    Similar retail or service establishments catering directly to the consumer, or specializing in the rendering of custom services, when interpreted by the planning commission as to performance standards as set forth in Section 11.30.040.

(41)    See Unclassified Uses, Chapter 11.26.

(Ord. 2197 § 2 (part), 6-28-05; Ord. 2035 § 1 (part), 4-28-98; Ord. 2030 § 3, 1-13-98; Ord. 2006 § 3, 6-25-96; Ord. 1973 § 2 6-28-94; Ord. 1347 § 1, 9-12-77; Ord. 1341 § 5, 8-8-77; Ord. 1329 § 1, 5-9-77; Ord. 1328 § 1, 5-9-77; Ord. 1192 §§ 2, 3, 12-18-72; Ord. 1166 § 3, 2-14-72; Ord. 1075, 5-27-68: Ord. 1074; Ord. 1038, 3-13-67; Ord. 1028; Ord. 986; Ord. 978; Ord. 977; Ord. 949; Ord. 921; Ord. 851: Ord. 824 § 800A, 2-8-60)

11.17.020 Limitations on permitted uses.

Every permitted use shall be subject to the following conditions and limitations:

(1)    All uses shall be conducted wholly within an enclosed building, except:

(a)    Drive-in restaurants.

(b)    Electric distribution and transmission substations.

(c)    Parking lots.

(d)    (Deleted by Ord. 1341 § 6, 8-8-77).

(e)    The growing of stock in connection with a horticultural nursery whether the stock is in open ground, pots or containers.

(f)    Parking lot sales, upon application to, and approval by, the chief administrative officer, or his delegate, upon such terms and conditions as he deems just which conditions shall, unless otherwise modified by the chief administrative officer, or the city council on appeal of the decision of the chief administrative officer, include the following:

(i)     Such sale may not be longer than three days in duration at any one time or ten days in any calendar year.

(ii)    The location of the merchandise shall not impede pedestrian and/or vehicular traffic.

(iii)    The sale must be supervised in such a manner as to require supervision and observation of the merchandise by the vendor in charge of the sale.

(iv)    Applicant shall pay a parking lot sale application fee as set forth in the South Gate fee resolution, which shall be paid to and collected by the business license division. A fee waiver may be granted if applicant is able to provide adequate proof of tax-exempt status. (Ord. 1991 § 3, 10-24-95: Ord. 1986 § 3, 6-27-95: Ord. 1974 § 3, 7-26-94: Ord. 1777 § 3, 11-28-88 (repealed): Ord. 1579 § 3, 9-12-83 (repealed)).

(2)    Any area used as set forth in subparagraph (1) of this section, except horticultural nurseries and electric distribution and transmission substations, shall be improved and maintained as provided in Section 11.34.090.

(3)    If the use or uses on a lot in a C-R zone are other than strictly residential, then on any exterior boundary line which is a common property line with "R" zoned property, a five-foot solid wall constructed of concrete, plaster, cinder block, brick, masonry or other similar materials shall be installed and maintained for screening purposes and controlling trespass, except where the wall of a building is on such common boundary line, no separate wall need be installed along the portion of the boundary line occupied by the wall of the building; and provided further that when such required wall borders a required front yard on the adjoining "R" zoned property such wall along the depth of such required front yard shall be thirty inches in height.

(4)    All products made incident to a permitted use which are manufactured, processed or treated on the premises shall be sold on the premises and at retail only, and not more than five persons may be employed in the manufacturing, processing or treatment of products.

(5)    Storage shall be limited to accessory storage of commodities sold at retail on the premises or supplies used in connection with a permissible use conducted on the premises.

(6)    Any permitted use that is subject to control by the air pollution control district shall be allowed to locate only when it shall have secured a permit to operate from such district.

(7)    All operations conducted on the premises shall not be objectionable by reason of noise, odor, dust, mud, smoke, steam, vibrations or other causes.

(8)    Any building on a lot that rears upon an alley shall not be located closer than twenty feet to the centerline of such alley.

(9)    No combination of residential and commercial uses shall be permitted on any parcel of land mentioned herein, and no residential structures shall be converted to commercial usage unless off-street parking can be provided in a single contiguous area and designed according to standards set forth in Chapter 11.34.

EXCEPTION: The provision of this paragraph shall not prohibit the alteration or expansion of improvements to properties where said improvements existed prior to the effective date of the ordinance codified in this section. No alteration or expansion of existing improvements shall be permitted under this subsection unless prior to the commencement thereof the owner of said improvements shall procure a conditional use permit therefor.

(10)    Repealed by Ordinance 1923 § 2(E), 10-27-92.

(Ord. 1991 § 3, 10-24-95; Ord. 1986 § 3, 6-27-95; Ord. 1974 § 3, 7-26-94; Ord. 1923 § 2(E), 10-27-92; Ord. 1902 § 5, 2-25-92 (repealed); Ord. 1872 § 3, 5-28-91; Ord. 1783 § 4, 1-23-89 (repealed); Ord. 1777 § 3, 11-28-88: Ord. 1716 § 3, 11-10-86; Ord. 1694 § 4, 4-14-86 (repealed); Ord. 1579 § 3, 9-12-83 (repealed); Ord. 1341 § 6, 8-8-77; Ord. 1130 § 1, 1970; Ord. 874 § 1, 4-9-62; Ord. 851 § 9, 8-14-61: Ord. 824 § 801A, 2-28-60)

11.17.025 Minimum setback requirements.

The minimum setback for multiple residential uses in the C-R zone shall be seven and one-half feet, except where a lesser setback has been established by three or more preexisting multiple residential buildings on one side of the street in a given block, in which case the minimum setback shall be the average of the existing setbacks on that side within that block as of September 23, 1963, but in no case shall the minimum setback be less than five feet.P1The minimum setback for commercial uses in the C-R zone shall be the front property line.

(Ord. 913, 9-23-63; Ord. 824, Art. 8A § 800A(1-a), 2-8-60)

11.17.030 Permitted height.

On any lot having an open space on such lot of not less than ten feet in width along the entire length of each lot line which does not separate the lot from a street or an alley, buildings may be erected to a maximum height of four stories or forty-five feet, whichever the lesser height. Under all other circumstances the maximum height is two stories or thirty-five feet, whichever is the lesser height.

(Ord. 851 § 9, 8-14-61; Ord. 824 § 802A, 2-8-60)

11.17.040 Permissible floor area ratio and floor area.

The permissible floor area ratio for any residential structure, other than a single-family residential dwelling, in the C-R zone, or on any property designated in the general plan as "upper medium density" or "high density" shall not exceed .55:1, or fifty-five percent. The permissible floor area ratio for a single-family dwelling in the C-R zone, or on any property designated in the General Plan as "upper medium density" or "high density," shall be the same as specified in Section 11.08.110 of this title. The permissible floor area for any non-residential structure in the C-R zone, or on any property designated in the general plan as "upper medium density" or "high density," shall not exceed two times the buildable area of the lot. The planning commission or the city council may, in connection with a site plan review, modify the ratios set forth herein.

(Ord. 1881 § 10, 7-22-91: Ord. 851 § 9 (part), 8-14-61; Ord. 824 § 803A, 2-8-60)

11.17.050 Required open space.

Open spaces, both as to amount and location on the premises, may be required in connection with a conditional use permit, unclassified use permit, variance or site plan to apply the established requirements of this title and related ordinances pertaining to such subjects as off-street parking, loading and unloading areas, convenient and safe circulation of vehicles and pedestrians, ingress and egress as related to marginal traffic pattern, vision clearance (traffic), drainage and lighting.

(Ord. 851 § 9 (part), 8-14-61; Ord. 824 § 804A, 2-8-60)

11.17.060 Lot area.

The minimum required area of a lot in the C-R zone shall be five thousand square feet.

(Ord. 1089 § 2 (part), 3-10-69)

11.17.070 Lot width.

Every lot in the C-R zone shall maintain a width of not less than fifty feet.

(Ord. 1089 § 2 (part), 3-10-69)

11.17.080 Development standards for single-family residential dwellings.

Notwithstanding any provisions to the contrary set forth in this chapter, a single-family residential dwelling which is constructed or remodeled in the C-R zone shall comply with the following:

A.    The applicable development standards for any such construction or remodeling shall include the following:

1.    The development standards for the R-1 zone, as specified in Chapter 11.08 of this title, including front yard and side yard setbacks as required therein; and

2.    The off-street parking requirements as specified in Section 11.34.020 of this title.

B.    Any person requesting a building permit for such construction or remodeling in the C-R zone shall execute a covenant, in recordable form, which restricts the future use of the property to single-family residential use.

(Ord. 1881 § 11, 7-22-91)