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City Of Industry City Zoning Code

CHAPTER 17

12 COMMERCIAL ZONE

§ 17.12.010 General prohibition.

A person shall not use any premises in zone C except as specifically permitted in this chapter and subject to all regulations and conditions enumerated in this chapter.
(Ord. 178 § 200, 1961; Ord. 771 § 3, 2012)

§ 17.12.020 Uses permitted with use permit.

Property in zone C may be used for the following uses subject to the issuance of a use permit for each such use pursuant to Chapter 17.44:
Athletic/health clubs;
Banks and financial institutions;
Barber shop;
Beauty shop;
Blueprinting and photocopying;
Carwash;
City, county, state, federal or other governmental public buildings, including, but not limited to, city halls, schools, libraries, police and fire stations, and post offices;
Cleaners/laundromat;
Coffee shop;
Commercial off-street parking facility;
Delicatessen;
Drug store;
Employment agency;
Fast-food restaurant with less than fifty seats and without alcohol service;
Liquor store;
Massage establishment as defined in Chapter 5.20 and subject to the requirements of Chapter 5.20 and this chapter;
Motorcycle agency for the selling or leasing of new motorcycles and the selling or leasing of secondhand motorcycles on the same lot or parcel of land taken in as a trade-in on such new motorcycles and repairs related to such new or secondhand motorcycles;
Office (administrative, professional or service), including medical and dental offices and out-patient clinics;
Photographer's studio;
Printing and publishing;
Recycling facilities as defined in and permitted by Chapter 17.52 of this title;
Retail stores;
Travel agency;
Veterinarian office;
Vocational school.
(Ord. 178 § 201, 1961; Ord. 408 § 1, 1977; Ord. 410 § 1, 1977; Ord. 542 § 4, 1987; Ord. 545 §§ 2, 4, 1988; Ord. 651 § 7, 2000; Ord. 729-U § 2, 2007; Ord. 730 § 2, 2007; Ord. 771 § 3, 2012)

§ 17.12.025 Uses permitted with conditional use permit.

Property in zone C may be used for the following uses subject to the issuance of conditional use permit for such use(s) pursuant to Chapter 17.48:
1. 
Bowling alley with or without alcohol services;
2. 
Child care—Preschool;
3. 
Church;
4. 
Dance studio;
5. 
Drama theater or playhouse;
6. 
Entertainment or dancing. Any business or use that includes entertainment or dancing as part of that business or use. This subsection shall not apply to any business regulated by the terms of Chapter 17.14 of this code and defined in Section 17.08.005 of this code;
7. 
Fast-food restaurant with fifty or more seats and/or with alcohol service.
8. 
Gasoline service station;
9. 
A combination of gasoline service station and any retail store(s) not related to automobile services on the same parcel of property;
10. 
Hospital;
11. 
Ice skating/roller skating rink;
12. 
Indoor children's soft play facility in which each child must be accompanied by an adult who must remain in the building at all times until the child departs the building;
13. 
Movie theater or cinema;
14. 
Restaurants—Full service with or without alcohol service;
15. 
Collectible Mall. Any ancillary uses related to the operation of a collectible mall, including autograph signings, celebrity appearances, arcade games, and indoor tournaments may be permitted under the conditional use permit, at the discretion of the approving body.
(Ord. 178 § 201, 1961; Ord. 408 § 1, 1977; Ord. 410 § 1, 1977; Ord. 542 § 4, 1987; Ord. 545 §§ 2, 4, 1988; Ord. 608 § 1, 1994; Ord. 651 § 8, 2000; Ord. 771 § 3, 2012; Ord. 806 § 5, 2019)

§ 17.12.030 Entertainment and/or dance regulations.

Any business or use that includes entertainment and/or dancing as part of that business or use shall comply with the following:
A. 
A business must have a minimum of five thousand square feet of continuous building area to conduct entertainment and/or dancing.
B. 
A Los Angeles County sheriff's department investigation shall be conducted on the background on all owners or officers of a business or corporation prior to the planning commission review of the conditional use permit application.
C. 
A written security program for the premises shall be presented to, and approved by, the Los Angeles County sheriff's department and city manager prior to the planning commission review of the conditional use permit application.
D. 
The required security program shall be implemented and maintained in a manner satisfactory to the city and the sheriff's department.
E. 
The entire premises is subject to inspection by the Los Angeles County sheriff's department and/or city representative at any reasonable time without prior notification.
F. 
Adequate lighting will be provided in the parking lot areas and access sidewalks at all times.
G. 
The hours of operation shall be restricted to six a.m. to two a.m., seven days a week.
H. 
Permittee will be held responsible for acquainting all employees with these rules and all applicable local, county, state, or federal laws.
I. 
No changes to the approved floor plan shall be permitted without written permission from both the Los Angeles County sheriff's department and the city.
J. 
The noise level created by any entertainment and/or dance business shall not exceed the following at the property line of any adjacent or nearby residential land use, hospital, school in session, church or public library as measured by a sound level meter:
1. 
Fifty-five dBA between seven a m. and ten p.m. Fifty dBA between ten p.m. and seven a.m. for a cumulative period of more than thirty minutes in any hour;
2. 
Sixty dBA between seven a.m. and ten p.m. Fifty-five dBA between ten p.m. and seven a.m. for a cumulative period of more than fifteen minutes in any hour;
3. 
Sixty-five dBA between seven a.m. and ten p.m. Sixty dBA between ten p.m. and seven a.m. for a cumulative period of more than five minutes in any hour;
4. 
Seventy dBA between seven a.m. and ten p.m. Sixty-five dBA between ten p.m. and seven a.m. at any time.
Any noise level measurements made pursuant to this subsection shall be performed in accordance with the following criteria:
a.
"Noise level" means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty micronewtons per square meter. The unit of measurement shall be designated as dB(A).
b.
"Sound level meter" means an instrument meeting American National Standard Institute's Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
K. 
Any violation of these regulations or any local, county, state or federal laws shall constitute grounds for revocation or suspension of the conditional use permit.
(Ord. 178 § 202, 1961; Ord. 501-U § 1, 1985; Ord. 542 § 5, 1987; Ord. 545 § 2, 1988; Ord. 608 §§ 4—6, 1994; Ord. 644 § 3, 1999; Ord. 651 § 9, 2000; Ord. 771 § 3, 2012)

§ 17.12.040 Entertainment and/or dance exemptions.

The following activities or events shall be exempt from the provision of Sections 17.12.025 and
17.12.030 of this code:
A. 
A nonprofit organization or nonprofit group of persons whose organization or group is either one of a patriotic nature, or of a social, education, religious or charitable purpose shall be permitted to conduct four events annually (commencing on the first day of each year) with entertainment and/or dancing.
B. 
Any entertainment and/or dance conducted at a city owned facility.
(Ord. 651 § 10, 2000; Ord. 771 § 3, 2012)

§ 17.12.045 Location requirements for massage establishments.

A. 
A massage establishment may not be located within one thousand feet of any existing adult business whether or not such other use is located within the city.
B. 
The distance specified in this section will be measured in a straight line from the nearest point of the property line of the premises in which the proposed massage establishment is to be located to the nearest point of the property line of the adult business.
(Ord. 729-U § 2, 2007; Ord. 730 § 2, 2007; Ord. 771 § 3, 2012)

§ 17.12.046 Amortization of nonconforming massage establishments.

A. 
Amortization Period. After July 1, 2010, no person may cause, allow, or permit the continued operation, maintenance or use of a lot, building or structure as a legal nonconforming massage establishment, unless such use is granted an extension pursuant to subsections C and D of this section. For the purposes of this section, the term "legal nonconforming massage establishment" means any massage establishment use that was legally established and lawfully operating on April 26, 2007.
B. 
Early Termination. Any termination or revocation of the license of a legal nonconforming massage establishment, or the discontinuance (by operation of law or voluntary) or abandonment of such use for a period of thirty consecutive days, will result in the immediate loss of the legal nonconforming status of such use.
C. 
Extension Application. The owner of a legal nonconforming massage establishment or the owner of the property upon which such use exists, may file an application with the planning director for an extension of the amortization period in subsection A in accordance with the following procedures:
1. 
The application must be filed at least one hundred eighty days prior to the expiration of the amortization period established in subsection A of this section. The filing fee for the application will be the same as that for a variance as established by the city council;
2. 
The application must state the additional length of time requested for the amortization and the grounds for requesting such an extension of time including, but not necessarily limited to, information relevant to the criteria set forth in subsection D of this section;
3. 
The planning director will set the matter for a hearing within thirty calendar days following the receipt of a complete application.
D. 
Decision on Extension Application. The city manager or a designated hearing officer will hold a public hearing at which time all evidence and testimony regarding the request for an extension of the amortization period will be considered. The burden will be on the applicant to establish that the extension should be granted. In rendering a decision, the city manager or hearing officer must consider the following factors:
1. 
The massage establishment or property owner's financial investment in the business, in particular the amount of investment prior to the adoption of Section 17.12.045, which for the purposes of this chapter was April 26, 2007;
2. 
The present actual and depreciated value of business improvements;
3. 
The applicable Internal Revenue Service depreciation schedules;
4. 
The remaining useful life of the business improvements;
5. 
The remaining lease term;
6. 
The date upon which the business owner or property owner first received notice of the nonconforming status of the use;
7. 
The cost of relocating the business to a site conforming to the provisions of this chapter;
8. 
The ability of the business owner or property owner to change the use to a conforming use;
9. 
The good faith efforts made to recoup the investment and to relocate the use;
10. 
The history of code and legal compliance by the massage establishment as well as the secondary effects of the massage establishment on the health, safety and welfare of surrounding businesses and uses and the secondary effects if the massage establishment were to be permitted to extend the amortization period.
The decision must be in writing and must include findings in support of the decision to grant or deny any extension of the amortization period. The decision must be hand delivered or sent by certified mail to the applicant within twenty business days of the hearing.
E. 
The decision of the city manager or hearing officer will be final.
(Ord. 729-U § 4, 2007; Ord. 730 § 4, 2007; Ord. 771 § 3, 2012)

§ 17.12.050 Regulations.

The conditions under which the uses described in Sections 17.12.020 and 17.12.025 are permitted in zone C are as follows:
A. 
That not to exceed fifty percent of the land be occupied by structures;
B. 
That all goods, other than nursery stock and new and used cars, offered for sale, be displayed within a building enclosed by a roof and on all sides by walls;
C. 
That parking spaces shall be provided at a minimum ratio of one space per two hundred fifty square feet of floor area within the structures served by such spaces. All parking spaces shall be at least nine feet in width by nineteen feet in length, except that compact parking spaces which are at least eight feet in width by sixteen feet in length may constitute up to twenty percent of the required parking spaces. If the use consists of a gasoline service station and any retail store on the same parcel or lot, then the parcel or lot shall have, in addition to the parking spaces otherwise required for the gasoline service station, a number of parking spaces for the exclusive use of the retail store at a minimum ratio of one space per one hundred sixty-seven square feet of floor area within such retail store, or a total of six parking spaces, whichever is greater;
D. 
Restaurants and cocktail lounges shall provide on the same lot or parcel of land, parking spaces at the ratio of one space for every two and one-half fixed seats available for use by the public and one space per fifty square feet of floor area not occupied by fixed seating. Additional parking spaces may be required in connection with the granting of a conditional use permit;
E. 
That all buildings and structures shall be set back a minimum of thirty feet from the curb line of all streets;
F. 
That architectural and general appearance of all such commercial buildings and grounds be in keeping with the character of the neighborhood and such as not to be detrimental to the public health, safety, and general welfare of the community in which such use or uses are located;
G. 
That no commercial structure shall exceed a height of five stories or fifty feet, whichever is greater;
H. 
All driveways shall be a minimum of twenty-six feet in width. Aisles serving parking areas shall be a minimum twenty-six feet in width. All driveways shall be located so that vehicles exiting the site have an unobstructed view of the street and oncoming traffic. No driveway shall be located in such a manner that it creates a hazard for vehicles entering or exiting the site;
I. 
Truck loading docks located on the front or side of a building shall be screened by masonry walls, accessory structures, or landscaping in such a manner so as to be consistent with the provisions of Section 17.36.060(R);
J. 
No outside storage of any property, building materials, or other property not permanently affixed to the real property shall be allowed, other than as provided for in this section and in Section 17.32.050 of this code. This requirement shall not apply to new and secondhand automobiles held out by an automobile agency for sale or lease pursuant to Section 17.12.020(2) or Section 7.20.030(B)(1);
K. 
All trash containers shall be kept within designated trash enclosure structures permanently affixed to the real property, constructed of either the same materials as the main structure or masonry blocks, and consisting of walls which are at least as high as the trash containers to be kept therein;
L. 
Emergency fire facilities (hydrants) shall be provided and kept free and unobstructed at all times in accordance with the requirements of the Los Angeles County fire department. A fire prevention inspection must be made by the Los Angeles County fire department within two weeks after occupancy of the building by a new purchaser or tenant;
M. 
All mechanical equipment (including roof-mounted equipment) shall be screened from public view by screening which is the same color as the main structure;
N. 
As an incidental use to a permitted use pursuant to Section 17.12.020 or incidental to a use permitted with a conditional use permit in accordance with Section 17.12.025 of this chapter, a maximum of two pool tables or billiard tables will be permitted.
(Ord. 651 § 11, 2000; Ord. 669 §§ 6—7, 2001; Ord. 771 § 3, 2012)