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Commerce City Zoning Code

CHAPTER 19

11 - MANUFACTURING ZONES

19.11.010 - Intent and purpose.

A.

Three manufacturing zones are established to provide locations for the assembly, manufacture, processing, and distribution of a wide variety of goods and materials, and to allow complementary commercial uses to locate in proximity to such uses. The different manufacturing zones are designed to concentrate these activities in appropriate areas of the city to promote efficiency in street and utility design, to segregate these uses from sensitive residential uses, and to ensure availability of adequate public services.

1.

Commercial-Manufacturing (C/M-1). The C/M-1 zone is established to provide for a wide variety of commercial uses and limited, compatible light industrial uses. The intent of the zone is to concentrate these uses along major arterials and in other areas that provide easy access and convenience. The industrial uses considered appropriate in the C/M-1 zone are limited to support services, such as machine shops and some light manufacturing. Commercial or industrial uses that might create offensive levels of noise, air pollution, glare, radioactivity or other nuisances are prohibited from this zone.

2.

Light Manufacturing Zone (M-1). The M-1 zone is designed to preserve city land appropriate for medium-intensity industrial uses, to attract and preserve desirable industrial plants, and to provide an aesthetically pleasing industrial environment. The intent of the M-1 zone is to provide safeguards and appropriate transitions to surrounding land uses that may be sensitive to industrial activities and to permit efficient design of infrastructure and public service to serve these uses.

3.

Heavy Manufacturing Zone (M-2). The purpose of the M-2 zone is to provide land suitable for heavy industrial uses. This zone is also the only zone where adult businesses and adult entertainment enterprises may be located in the city. The requirements of the zone are intended to provide safeguards and to establish adequate buffer distances between uses that pose potentially adverse public health, safety, and welfare impacts and land uses in adjacent, more restrictive zone districts.

(Ord. 544 §1(part), 2000).

19.11.020 - Use regulations.

A.

Table 19.11.030A identifies the uses permitted in the manufacturing districts. The uses identified in Table 19.11.030A are more precisely defined by reference to the Standard Industrial Classification (SIC) Manual published by the federal government's Office of Management and Budget. The 1987 SIC Manual, or the most current edition of the manual, as amended, is incorporated herein by reference. The SIC Manual identifies businesses according to the operating characteristics involved in creating the product (for example, slaughtering, manufacturing pulp, manufacturing industrial inorganic chemicals, petroleum refining) and the effects that these characteristics may have on nearby uses. The actual product created is of secondary importance.

B.

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location, operation or the design of the use. Such uses are marked in Table 19.11.030A with an asterisk (*), and the special conditions that apply are contained in Chapter 19.31 (Standards for Specific Land Uses) of this title.

C.

The "notes and exceptions" column of Table 19.11.030A indicates more precisely the use regulations for specific SIC codes or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for that class of use.

D.

For uses or activities not specifically identified in Table 19.11.030A, the community development director shall have the authority to interpret and assign the appropriate SIC code for that use or activity. The decision of the community development director can be appealed to the planning commission pursuant to Chapter 19.39, Division 4 (Appeals and Revocations) of this title.

E.

Any use or activity not identified by an SIC code included in Table 19.11.030A, or any use or activity not interpreted by the community development director as belonging to a listed SIC code, shall be prohibited.

(Ord. 579 §1, 2004; Ord. 575 §1, 2003; Ord. 574 §2, 2003; Ord. 544 §1(part), 2000).

19.11.030 - Meaning of the P/C designation.

A.

This section applies to those use categories in Table 19.11.030A classified as "P/C." "P/C" shall mean that the use is permitted by right unless the location criteria contained in Section 19.11.030(C) apply to the project, in which case conditional use permit (C) review shall be required pursuant to Chapter 19.39, Division 7 of this title.

B.

The community development director shall be authorized to determine whether a use identified in Table 19.11.030A as "P/C" is permitted by right or requires discretionary review based on the criteria defined in this section.

C.

The location of a proposed manufacturing or industrial use relative to residentially-zoned property shall represent the sole factor for determining whether discretionary review is required pursuant to this section. If any building housing the principal proposed use in an manufacturing district, or any outdoor activity which represents the principal use of the property, is located three hundred feet or less from the nearest residential district (see Figure 19.11.030-1), then conditional use permit review shall be required, as indicated in Table 19.11.030A.

Table 19.11.030A
Uses in Industrial Districts

Use C/M-1 M-1 M-2 *Notes and Exceptions
1 Agriculture and related uses
(SIC codes 01, 02, 07*)
X X X a. Permitted in C/M-1, M-1, and M-2:

• 0742 (Veterinary Services for Animal Specialties)

• 0752 (Animal Specialty Services, Except Veterinary, Boarding, Kennels, Shelters)

• 078 (Landscape and Horticultural Services)
2. Construction-related uses
(SIC codes 13, 15, 16, 17)
Limited outdoor accessory storage" means the storage of materials and equipment to be used off-site for construction projects in progress
2.1 With outdoor storage as principal use C C C
2.2 Contractor's office with limited outdoor accessory storage P/C P P
3. Food processing
(SIC code 20*)
C P/C P/C a. Prohibited in C/M-1 and requires conditional use permit in M-1 and M-2:

• 201 (Meat Products)
• 2091 (Canned and Cured Seafoods)
• 0292 (Fresh or Frozen Seafoods)
b. Prohibited in all zones:

• 2048 (includes slaughtering animals for animal feed)
• 2077 (Animal and Marine Fats and Oils)
4. Manufacturing

4.1 SIC codes 22, 27, 283,
284, 31*, 32*, 36, 38, 39

4.2 SIC code 23

4.3 SIC codes 25, 26*, 30, 35

4.4 SIC codes 21, 24, 289*, 34*, 37

4.5 SIC codes 29*,33


P/C


C

X

X


X


P


C

P/C

P/C


X


P


C

P

P/C


C
a. Prohibited in C/M-1, M-1, and requires conditional use permit in M-2:

• 261 (Pulp Mills)
• 262 (Paper Mills)
• 263 (Paperboard Mills)
• 281 (Industrial Inorganic Chemicals)
• 282 (Plastics Materials)
• 285 (Paints, Varnishes)
• 286 (Industrial Organic Chemicals)
• 287 (Agricultural Chemicals)
• 2892 (Explosives)
• 291 (Petroleum Refining)
• 311 (Leather Tanning and Finishing)
• 324 (Hydraulic Cement)
• 325 (Structural Clay Products)
• 327 (Concrete, Gypsum, and Plaster Products)
• 3292 (Asbestos Products)
• 348 (Ordnance and Accessories)
• 3471 (Electroplating, Plating, Polishing, Anodizing, and Coloring)
b. SIC code 3273 (Ready Mix Concrete) is prohibited in all zones.
c. Any activity involving the crushing of rock, concrete, asphalt, or similar material is prohibited in all zones.
5. Transportation-related uses

5.1 SIC code 40
(Railroad Transportation)

5.2 SIC codes 41, 43, 491, 494

5.2 SIC code 42
(Trucking and
Warehousing)

5.3 SIC code 45
(Air transportation, except helipads)

5.5 SIC codes 492, 493, 496

5.6 SIC codes 495*, 496



X


P


X


X


X

X



X


P


X


X


P/C

X



C


P


P/C*


X


P/C

C
a. For SIC code 495, only one such facility is permitted in the city per 12,000 residents, as reported in the most recent U.S. Census.

b. Helipads require a conditional use permit in the C/M-1, M-1, and M-2 zones. Must be located a minimum of 500 feet from residential zones.

c. For trucking and warehousing uses, the distancing requirement set forth in Section 19.11.030(C) shall be 1,000 feet, meaning that any such use proposed to be located within 1,000 feet of the nearest residential district shall require conditional use permit review. The following exceptions shall apply:

 i. Any user proposing to occupy an existing warehouse facility containing less than 35,000 square feet shall be exempt from the CUP requirement.
 ii. Where a major road separates the project site from the nearest residential district and such separation is equal to or greater than 300 feet, no CUP shall be required.
 iii. Where an active railroad right-of-way separates the project site from the nearest residential district and the director of community development determines that project truck traffic will not circulate through the residential district, no CUP shall be required.
d. SIC code 4225 (General Warehousing and Storage), also known as mini-warehousing, self-storage or public storage warehousing, is permitted in the M-2 (Heavy Manufacturing) zone with a conditional use permit.
6. Wholesale trade (SIC codes 50*, 51*) P/C P P a. Prohibited in all districts:

 5015 (Motor Vehicle Parts, Used)

 5093 (Scrap and Waste Materials), including retail sales

 5154 (Livestock Sales)

 5171 (Petroleum Bulk Stations and Terminals)
7. Retail trade
7.1 Eating places without drive-through service (SIC code 5812*)
7.2 Eating with drive-through service (SIC code 5812*)
P
C
P
C
P
C
a. Primarily, these uses are intended to serve nearby industries and employees, and the retail's proximity will provide convenience with minimal impact on the retail operations.
b. Any business involved in the sale of alcoholic beverages shall be subject to Conditional Use Permit review and shall meet the location requirements contained Division 3, Chapter 19.31 of this title.
7.3 Book and video stores; video rentals* (SIC codes 5735, 5942, 7841) P P P c. Adult businesses involved in retail trade shall be permitted only in the M-2 zone and shall be subject to the requirements set forth in Section Division 1, Chapter 19.31 of this title.
7.4 All other retail trade (SIC codes 52 through 57, 59*) P P C d. All retail sales of fuel (SIC Code 598) shall be subject to Conditional Use permit review.
7.5 Vehicle Sales (SIC codes 551, 552, 555, 556, 557, and 559) C C C e. No automobile, truck, or boat sales use shall be located within 300 feet of any residential use. However, where a major road separate the project site from a residential district, the 300-foot distance requirement shall not apply.
See Item #12 in this table for "Drinking places" (SIC code 5813)
8. Service-related industries a. Primarily, these uses are intended to serve nearby industries and employees, and the services' proximity will provide convenience with minimal impact on the service operations.
8.1 Laundry, cleaning, and garment services (SIC code 721) C C P
8.2 Other personal services (SIC codes 722, 723, 724, 725, 726*, 7291) P P P b. Parking lots and structures which are principal uses (SIC code 752) shall be subject to parking lot development standards contained in Chapter 19.21.
b.1. For SIC code 7261, only one such facility is permitted in the city per 12,000 residents, as reported in the most recent U.S. census.
8.3 Tattoo, massage and aromatherapy establishments X C C c. Adult businesses providing services shall be permitted only in the M-2 zone and shall be subject to the requirements set forth in Division 1, Chapter 19.31 of this title.
8.4 SIC codes 751, 752, 754, 762, 763 P/C P P
8.5 SIC code 753, 769 C P/C P
9. Professional office and institutional uses (SIC codes 60, 61, 62, 63, 64, 65, 66, 73 [except 7353 and 7359], 80*, 861, 862, 863, 864, 87, Division J [Public Administration]) P C* C* The establishment of new office space uses, including employee training centers, that are not attendant to manufacturing, industrial or warehouse uses, is prohibited in the Telegraph Road Corridor Study Area. (See Figure 19.11.030-2 below for description and depiction of Study Area).
For check cashing establishments, only two such facilities are permitted in the city per 12,000 residents, as reported in the most recent U.S. Census.
*See Use Section 9.1 right below.
9.1. Medical, dental, osteopathic and chiropractic offices and clinics (SIC 801, 802, 803 and 804) C* C* C* The establishment of these uses is prohibited in the Telegraph Road Corridor Study Area. (See Figure 19.11.030-2 below for description and depiction of Study Area).
10. Communications (SIC code 48*) P P P a. Requires a conditional use permit in all districts (see Chapter 19.27 of this title):
Microwave transmission or relay towers
Antennas and telecommunications facilities as set forth in Chapter 19.27 of this title.
b. No telecommunications or wireless antenna shall be located within 500 feet of a residential zone.
11. Recycling operations For collection and processing center, only one such facility is permitted in the city per 12,000 residents, as reported in the most recent U.S. Census.
11.1 Containers for cans, bottles, etc. (accessory use) P P P
11.2 Collection center with attendant and recycling processing/manufacturing center X X C
12. Recreation and entertainment uses a. Any business involved in the sale of alcoholic beverages shall be subject to conditional use permit review and shall conform to the requirements contained in Division 3, Chapter 19.31 of this title.
12.1 Outdoor recreation (drive-in theater, race-track, golf driving range, shooting range, and similar uses) C C C
12.2 Movie theaters (other than adult theaters) C X X b. Adult businesses shall be permitted only in the M-2 zone and shall be subject to the requirements set forth in Division 1, Section 19.31 of this title.
12.3 Bars, nightclubs, cabarets and the like (SIC code 5813*) C* C* C*
12.4 Health clubs and the like (SIC code 7991) C C C
12.5 Gaming establishments C X X
13. Miscellaneous uses a. Caretaker quarters permitted only in conjunction with a permitted nonresidential use.
13.1 Caretaker/night-watchman's quarters* P P P b. Billboards subject to regulations and standards contained in Chapter 19.25.
13.2 Art studio with associated residence P P X
13.3 Job-training establishments and vocational schools (SIC codes 824 and 833) C P P
13.4 Day care facilities (SIC code 835) C C C
13.5 Museums (SIC code 841) P P P
13.6 Churches and other facilities for religious organizations (SIC code 866) X X X
13.7 Billboards* (outdoor advertising) X X X
13.8 Emergency shelters, up to 30 occupants within city P See Section 19.31.670
13.9 Emergency shelters, more than 30 occupants within city C See Section 19.31.670

 

NOTE: All uses are subject to performance standards as defined in Chapter 19.19.

 * = See "Notes and Exceptions" column.

 P = Permitted by right.

 X = Not permitted.

 P/C = Either permitted by right or subject to conditional use permit review, depending upon criteria contained in Chapter 19.31.

 C = Conditional use permit required.

(Ord. 579 §1, 2004; Ord. 575 §1, 2003; Ord. 574 §2, 2003; Ord. 550 §§1—8, 2000; Ord. 544 §1(part), 2000).

(Ord. No. 656, § 7 (Exh. D), 11-19-2013; Ord. No. 672, § 1, 11-3-2015; Ord. No. 681, §§ 4(C), 4(F), 11-15-2016; Ord. No. 799, § 2, 10-26-2022)

19.11.040 - Development standards.

All development in the manufacturing zones shall conform to the development standards set forth in Table 19.11.040A.

Table 19.11.040A
Development Standards—Manufacturing Zones

Development Standard C/M-1 M-1 M-2
1. Minimum Lot Area 20,000 sf 20,000 sf 25,000 sf
2. Maximum Building Height a. Adjacent to a property zoned for nonresidential use: 90 ft. or 6 stories, whichever is less
b. Adjacent to a property zoned for residential uses, the maximum permitted building height shall be determined by the setback, as illustrated in Figure 19.11.040
50 ft. 50 ft. within 100 ft. of any residential zone, school, or park; otherwise, no height limit
3. Distance Between Buildings (Minimum) None required None required None required
4. Minimum Front Yard 5 ft.
Through lots must maintain front yards along both abutting streets
15 ft. 15 ft.
5. Minimum Side Yard 10 ft. Minimum 5 ft. where lot adjoins residential zone, school, or park. Otherwise, none required Minimum 5 ft. where lot adjoins residential zone, school, or park. Otherwise, none required
6. Minimum Rear Yard None required Minimum 5 ft. where lot adjoins residential zone, school, or park. Otherwise none required Minimum 5 ft. where lot adjoins residential zone, school, or park. Other-wise none required
7. Open Space 5% of total lot area 5% of total lot area 5% of total lot area
8. Maximum Lot Coverage 50% of total lot area 50% of total lot area 60% of total lot area
9. Floor Area Ratio (Maximum) 2:1 1:1 1:1

 

Abbreviations: sf = square feet; ft. = feet or foot

(Ord. 544 § 1(part), 2000).

19.11.050 - Fences, hedges, and walls.

A.

The maximum permitted heights for fences, hedges, and walls shall be as set forth in Table 19.11.050A.

Table 19.11.050A
Fence Heights—Manufacturing Zones

Location C/M-1 M-1 M-2
1. Front Yard 4 ft. 6 ft. 8 ft.
2. Side and Rear Yard 8 ft. 8 ft. 8 ft.

 

B.

A solid masonry wall with a minimum height of eight feet shall be required along any property line adjoining a residential zone school, church, or park. Such wall may be reduced in height to four feet along any such property line adjoining the front yard setback area.

C.

Barbed wire is a permitted fencing materials. However, such barbed wire shall not be used on any front yard fence, nor shall it be used on any fence visible from a public right-of-way.

D.

Razor wire is not permitted under any circumstance.

(Ord. 544 § 1(part), 2000).

19.11.060 - Landscape buffer required.

Whenever a required setback area adjoins a residential zone, the setback area shall be fully landscaped and provided with an automatic irrigation system consistent with the requirements of Chapter 19.23 (Landscaping Standards) of this Title 19.

(Ord. 544 § 1(part), 2000).

19.11.070 - Health risk assessment required.

Any business involved in the use, production, storage, or transfer of any material defined as hazardous and subject to regulation by Los Angeles County Department of Health and/or subject to regulation by the South Coast Air Quality Management District per Rules 1401, 1402, and 1403 shall be required to complete and submit to the community development director, in conjunction with any application authorized by this Title 19, a health risk assessment that identifies the chemicals or materials to be used and the potential risk to public health associated with the hazardous materials associated with the proposed business or operation.

(Ord. 544 § 1(part), 2000).

19.11.080 - Restrictions on use of required parking area.

No materials storage, conduct of industrial activity, or any other use or activity associated with a permitted use shall occur in any parking area required pursuant to Chapter 19.21 of this Title 19.

(Ord. 544 § 1(part), 2000).

19.11.090 - Additional conditional use permit findings for office space uses and medical, dental, osteopathic, and chiropractic offices and clinics.

The planning commission may approve and/or modify a conditional use permit for office space uses in the M-1 and M-2 zones provided that all of the findings required by Section 19.39.420 (Conditional use permits—Required findings) are made. The planning commission may also approve and/or modify a conditional use permit for medical, dental, osteopathic, and chiropractic offices and clinics in the C/M-1, M-1, and M-2 zones provided that all of the findings required by Section 19.39.420 are made. However, the following findings of fact shall also be made for office space uses and medical, dental, osteopathic, and chiropractic offices and clinics permitted pursuant to a conditional use permit:

(1)

Traffic will not exceed roadway capacity after necessary mitigation.

(2)

The project will contribute a fair share for roadway improvements through any existing city traffic impact fee program for both short and long term transportation system enhancements.

(3)

The project will incorporate pedestrian-oriented design features, to the extent reasonably feasible, including:

a.

Little or no on-site parking between the building and street, i.e., along street frontage.

b.

Providing at least one prominent main entry for visitors and customers directly fronting the public street, with convenient on-street and/or on-site visitor parking and a clear, comfortable, and attractive space or pathway for approaching visitors and customers.

c.

Where on-site parking along a street frontage cannot practically be avoided, screening elements shall separate it from the public sidewalk. Such elements may include a low screen wall with landscaping or a continuous low hedge, and/or a trellis or colonnade or other open vertical structure to define the property edge.

d.

Constructing master-planned street improvements along all project frontages, including, for example, a widened sidewalk and new street trees and planters, as well as bus stops and shelters.

e.

The project includes all feasible transportation demand management (TDM) measures.

(Ord. No. 681, § 4(G), 11-15-2016)

19.11.100 - Other applicable regulations.

In addition to the requirements contained in this Chapter 19.11, regulations contained in the following chapters of this Title 19 shall apply to development in the manufacturing zones:

Chapter 19.01: General Provisions

Chapter 19.15: Planned Development Overlay Zone

Chapter 19.19: Site Planning and General Development Standards

Chapter 19.21: Off-Street Parking and Loading

Chapter 19.23: Landscaping Standards

Chapter 19.25: Signs

Chapter 19.31: Standards for Specific Land Uses

Chapter 19.37: Nonconforming Uses and Structures

(Ord. 544 § 1(part), 2000).

19.11.110 - Nonconformities.

Notwithstanding anything to the contrary contained in Chapter 19.37 of this Code, any land use or structure in the Telegraph Road Corridor Study Area that becomes legally nonconforming as a result of this section may be continued indefinitely, including interior modifications and notwithstanding changes of ownership, subject to the provisions of this section.

(1)

A nonconforming use may be modified to a use deemed similar in nature, but lesser or equal in intensity and impact, including required number of parking spaces, as determined by the director of public works and economic development.

(2)

A nonconforming use is allowed modifications to its facility provided such modifications do not exceed ten percent of buildable areas of the use at the time it became nonconforming and complies with all other provisions of this title.

(3)

If any nonconforming use is abandoned, it shall be considered automatically terminated, and any future use of the premises shall conform to the provisions of this title. The determination of whether a nonconforming use has been abandoned shall be made pursuant to Section 19.37.120.

(4)

A building containing a nonconforming use shall not be enlarged or reconstructed, except as provided herein. Structural alterations or tenant improvements, including, but not limited to, replacements of walls, electrical fixtures or plumbing, may be permitted; provided the alterations comply with current code, and do not expand the nonconforming use or increase the required number of parking spaces, except as provided herein.

(5)

Any nonconforming building may be restored to the size that existed at the time of destruction as a result of fire, earthquake or other natural disaster, and the occupancy or use of such building or part thereof which existed at the time of destruction may be continued.

(Ord. No. 681, § 4(H), 11-15-2016)