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Hawthorne City Zoning Code

CHAPTER 17

26 C-2 LOCAL COMMERCIAL CLASSIFICATION

§ 17.26.010 Purpose.

The principal purpose and objective of this classification and its application is to provide for the location of and grouping of uses considered compatible uses having common or similar performance standards in that they represent on-premises retail enterprises and involve only incidental and limited fabrication or assembly of commodities, or comprise types of enterprises involving the rendering of services both professional or to the person; establishments providing recreation and entertainment and commercial activities in general. It is the further objective by expanding the permissible floor space and building height, and by including additional permissible uses, to intentionally concentrate within given areas the maximum variety of facilities for the dispensing of commodities and rendering of services to the entire city and its environs. It is recognized that the characteristics of the use permitted in this classification produce an environment undesirable for residential purposes while, in the opposite direction, residential uses in a commercial area tend to decrease the capacity of commercial enterprises to render maximum services and decrease public convenience for utilizing the services rendered. For these reasons, residential uses are excluded from this classification. Public utility installations, being governed by circumstances related to geographical areas and uses to be served, are also permitted.
(Prior code § 12-900)

§ 17.26.020 Permitted uses.

In the C-2 classification, the following uses only are permitted and as hereinafter specifically provided and allowed by this chapter, subject to the vehicular parking and loading requirements and the general provisions, conditions and exceptions set forth in Chapters 17.06 through 17.12 and 17.38 through 17.62:
Accessory structures and uses that complement or are reasonably related to the existing or proposed permitted uses when located on the same site as the main primary building and use;
Ambulance service;
Antique shops;
Automotive parts and accessories installation and minor service, subject to a conditional use permit and special limitations described in Section 17.26.030(N);
Bakeries;
Banks, lending institutions, and other full-service financial institutions;
Bars and cocktail lounges, subject to a conditional use permit;
Bicycle shops, including repairs;
Boat sales, new and used, including only incidental repairing;
Bookstores;
Bowling alleys;
Boxing gym;
Brewery, low intensity (subject to limitations described in Section 17.75.010);
Business and professional offices;
Cannabis businesses, subject to all of the provisions of Chapter 17.90;
Car washes, steam;
Conservatories of music, dance, drama and instrument instruction;
Consignment shops;
Day care facilities (subject to limitations described in Section 17.25.030(P));
Decorator shops (interior);
Department stores;
Drugstores;
Dry cleaning and pressing, not including self-serve laundries or laundromats or establishments with cleaning plants on premises;
Employment agencies;
Engineering consultant;
Family entertainment center (subject to a conditional use permit);
Food market and grocery stores;
Health clubs;
Hospitals, emergency only;
Hotels or motels, but not apartment hotels, subject to a conditional use permit. A market feasibility study prepared by a city-approved consultant shall be submitted with a conditional use application;
Laboratories, x-ray;
Martial arts studio;
Massage establishment, subject to a conditional use permit;
Medical-dental buildings and clinics;
Mortuaries, subject to the issuance of a conditional use permit;
Movie theaters;
Parking lots, when improved and maintained in the manner specified by this code or by the uniform standards established by the city council by resolution; provided, however, that no such area shall be used for a car, truck, trailer or boat sales area or for the accessory storage of cars, trucks, boats or trailers;
Passenger terminals;
Personal cosmetic services;
Printing establishments, including newspapers;
Public parking garages, but not repairing;
Recycling facility (subject to a conditional use permit and Section 17.26.030(P));
Restaurants (with or without outdoor dining areas), including drive-thru subject to a conditional use permit, take-out and walk-up restaurants and cafeterias; no drive-in;
Schools, elementary, junior high and high schools (public or nonprofit private), all such uses subject to a conditional use permit;
Short-term rentals in legal non-conforming structures, subject to Chapter 17.74, except that vacation rentals shall not be permitted;
Solar panels for electric power generation, water heating, space heating or space cooling as an accessory use to structures or uses on the same property and subject to the special limitations described in Section 17.26.030(O);
Stationery stores, including incidental printing;
Studio;
Telephone exchanges;
Thrift shops, subject to special limitations described in Section 17.26.030(Q);
Tobacco specialty store (subject to a conditional use permit and the limitations described in Section 17.26.030);
Trade school, commercial;
Trade school, industrial (subject to a conditional use permit);
Vehicle autobroker, subject to special regulations described in Section 17.25.030 if a display area is required;
Vehicle leasing or rental agencies, subject to a conditional use permit and special regulations described in Section 17.25.030;
Vehicle sales (new or used), subject to a conditional use permit and special regulations described in Section 17.25.030;
Wireless antennae sites, and similar uses subject to a conditional use permit;
Other similar retail and service establishments catering directly to the customer when interpreted to meet performance standards as set forth in Chapter 17.10 and not specified as prohibited in Section 17.26.025.
(Ord. 2004 § 10, 2011; Ord. 2025 § 7, 2012; Ord. 2033 § 6, 2013; Ord. 2034 § 6, 2013; Ord. 2032 § 9, 2013; Ord. 2053 § 8, 2013; Ord. 2062 §§ 10, 11, 2014; Ord. 2068 § 14, 2014; Ord. 2070 § 9, 2014; Ord. 2089 § 5, 2015; Ord. 2099 § 5, 2015; Ord. 2125 § 6, 2016; Ord. 2127 § 5, 2016; Ord. 2185 § 7, 2019; Ord. 2198 § 7, 2020; Ord. 2237 § 6, 2023)

§ 17.26.025 Prohibited uses.

In the C-2 classification, uses that are not expressly listed in Section 17.26.020 or expressly permitted in the C-2 classification by other sections of the Hawthorne Municipal Code are prohibited from the C-2 classification. For purposes of the clarification, and not for purposes of allowing any other uses, the following uses are also expressly prohibited from the C-2 classification:
Amusement arcades;
Apartment hotels;
Automobile repair—minor or major;
Bail bonding services;
Check cashing services;
Cyber-cafés;
Dry cleaning and pressing establishments with cleaning plants on premises;
Laundromats;
Payday loan services;
Self-storage facilities;
Smog check only;
Thrift shops not operated by charitable organizations, as defined in Chapter 17.04.
(Ord. 2004 § 12, 2011; Ord. 2005 § 6, 2011; Ord. 2032 § 10, 2013; Ord. 2099 § 6, 2015; Ord. 2106 § 8, 2016; Ord. 2147 § 5, 2017; Ord. 2148 § 6, 2017; Ord. 2237 § 7, 2023)

§ 17.26.030 Limitations on permitted uses.

Every permissible use, unless otherwise stated, shall be subject to the following conditions and limitations:
A. 
All uses shall conform to the general provisions, conditions and exceptions and the off-street parking requirements and loading area requirements set forth in this title, and parking areas and loading areas shall be surfaced, screened, developed and maintained in the manner specified by this code or by uniform standards established by the city council by resolution.
B. 
Goods, wares, merchandise or articles for sale shall not be stored or displayed in aisles, entrances, outdoor alcoves, on sidewalks or any place normally reserved for pedestrian or customer right-of-way for ingress or egress. All uses shall be conducted wholly within an enclosed building except such uses as:
1. 
Drive-in restaurants;
2. 
Electric distribution substations;
3. 
Transmission substations;
4. 
Meter and control stations of a public utility;
5. 
Outdoor advertising structures;
6. 
Parking lots and loading areas;
7. 
Growing stock in connection with horticultural nursery, whether the stock is in open ground, pots or containers;
8. 
Recycling facilities;
9. 
Outdoor dining facilities as an accessory use to a restaurant, café, or other establishment.
C. 
Any area used for drive-in restaurants and parking and loading areas as set forth in subsection B of this section, shall be improved and maintained in the manner specified by this code or by uniform standards established by the city council by resolution.
D. 
Any repairing done on the premises shall be incidental only, and limited to custom repairing of the types of merchandise sold on the premises at retail; the floor area devoted to such repairing shall not exceed thirty percent of the total floor area occupied by the particular enterprise, except that this limitation shall not apply to shoe repairing.
E. 
The sale of used or secondhand goods shall be limited to the incidental sale of such goods as accessory to a retail use unless expressly permitted by this title.
F. 
All products made incidental to a permitted use which are manufactured, processed, treated or assembled on the premises shall be sold on the premises only, and at retail only, and not more than five persons may be employed in the manufacturing, processing, treatment or assembling of such products, except this limitation shall not apply to restaurants or drive-in restaurants.
G. 
Storage shall be limited to accessory storage of commodities sold at retail on the premises or used in connection with the manufacturing, processing, treatment or assembling of products sold at retail on the premises and limited to serving only the enterprise established on the premises.
H. 
Any necessary additional features shall be provided to meet any unusual or special requirements for police protection, health protection and fire protection as determined by the departments having jurisdiction in such matters.
I. 
No use where any alcoholic beverage is sold or served for consumption on or off the premises, shall be established except by conditional use permit pursuant to Chapter 17.76 issued upon verified application in the form prescribed by the planning commission and following notice, hearings and decision. The decision of the planning commission shall become final ten days after mailing or delivering the planning commission resolution to the applicant unless a written appeal to the city council is filed within this time period with the secretary to the planning commission.
J. 
No multitenant commercial development shall utilize more than twenty-five percent of the total net leasable floor area of the development with commercial eating establishments. Commercial eating establishments shall include all restaurants, cafeterias, drive-in, drive-thru, take-out and walk-up eating establishments but shall exclude markets.
K. 
Canopies are not permitted except in conjunction with outdoor seating areas, provided approval is obtained for encroachments into setbacks, the public right-of-way or parking facilities are permitted with an encroachment permit.
L. 
Containers for storage or shipping are not permitted, except as modular components of approved recycling facilities.
M. 
New and used vehicle sales, rental and/or leasing.
1. 
A vehicle sales, rental or leasing facility shall have a minimum lot size of twenty-five thousand square feet.
2. 
Service and repair facilities shall be operated only as an accessory use. Such areas devoted to service and repair shall be visually screened from the public right-of-way.
3. 
The property, including all vehicles offered for sale, rent or lease shall be kept clean on a daily basis.
4. 
All signs shall comply with Chapter 17.35 of this code.
5. 
No vehicles offered for sale shall be parked or stored on the public thoroughfares or in required customer, employee, or handicap parking spaces at any time.
6. 
All lights shall be reflected away from adjacent uses.
7. 
Landscape plans shall be reviewed and approved by the planning commission and shall include, but not be limited to, the following requirements:
a. 
A minimum six-foot landscape setback area shall be provided along all front and side property lines which abut sidewalks or streets. The setback area must be surrounded by a concrete curb, which is at least six inches in width and height. Landscaping within the setback area shall be designed as follows:
i. 
All landscaping and irrigation shall comply with Chapter 17.89, Water Efficient Landscaping, of this title.
ii. 
The required landscape areas shall contain a variety of planting materials such as a combination of shrubs, flowers, and grasses. Utilizing only sod for landscaping shall not be permitted. Sod may be incorporated among landscaping but shall not exceed the lesser of twenty-five percent of the total landscaped area or as dictated by the water efficient landscape and irrigation calculations detailed in Chapter 17.89, Water Efficient Landscaping.
iii. 
All required landscape areas shall be permanently irrigated with an irrigation system as detailed in Chapter 17.89, Water Efficient Landscaping.
iv. 
Landscaped areas shall be well maintained and free of litter. Any unhealthy plants needing replacement shall be replaced with like plants. Any deviation from the approved landscape design shall require a new landscape plan and approval of the director of planning.
b. 
In order to prevent any encroachment onto the required landscaping, wheel stops or parking bollards shall be required. Alternate preventative measures may be considered.
N. 
Limitations on automobile parts sales and accessory service:
1. 
All installation and service activities shall be performed within an approved structure.
2. 
All installation and service facilities shall be visually screened from the street by walls of a building or block walls or a variation as approved by the planning commission.
3. 
Trash areas shall be completely enclosed with materials compatible in color and texture with the primarily visible structure(s).
4. 
All signs shall comply with Chapter 17.35 of this code.
5. 
All lights shall be reflected away from adjacent uses.
6. 
No used or discarded parts or equipment shall be located outside of the installation and service facilities.
7. 
In addition to the parking requirements which are contained in Chapter 17.58, a designated area must be provided for the temporary storage of vehicles or equipment awaiting installation or service. The area provided must be the equivalent of two parking spaces per service bay.
8. 
No vehicles, equipment, boats, trucks or motorcycles shall be stored for impound or for any other purpose other than installation or service under a work order.
9. 
No automotive repair work shall be permitted.
10. 
The decor, treatment and architectural style of the improvements, including retail facilities, the installation and service facilities, landscaping, fencing and signing shall be reviewed for aesthetic qualities that will enhance and complement the surrounding developments.
11. 
Premises shall be maintained in a neat, orderly and environmentally safe manner, and all improvements shall be continuously maintained.
12. 
The planning commission resolution approving the conditional use permit shall be posted on site, along with the required business license.
O. 
Limitations on solar panels:
1. 
When mounted on sloped roofs, the uppermost portion of each solar panel shall not exceed the highest point of the roof to which it is mounted, except as required to optimize the system performance (for example, to accommodate tilt angle).
2. 
When mounted on flat roofs and all non-roof structures, the lowest portion of the panels shall not be more than three feet above the surface to which it is mounted. The uppermost portion of each solar panel shall not exceed the height required to optimize the system performance (for example, to accommodate tilt angle).
3. 
Roof-mounted and other panels mounted at least ten feet above the ground, measured to the lowest point of each panel, are subject to the setbacks of the applicable zone.
4. 
Solar panels mounted lower than ten feet above the ground, measured to the lowest point of each panel, shall be subject to the setbacks of the applicable zone and shall have an additional three feet of setback for each foot below ten feet.
5. 
Placement of solar panels are subject to approval of the fire department to ensure access and proper markings to protect the health and safety of fire personnel and the general public.
P. 
Recycling facilities:
1. 
Shall be permitted only by conditional use permit;
2. 
Shall contain not more than one type of collection facility as described in this code, which shall be located on the site in such a manner as not to obstruct pedestrian, automobile or truck circulation;
3. 
Shall not occupy parking spaces required by the primary commercial use;
4. 
Shall be designated on a site plan to be submitted and approved in accordance with this subsection;
5. 
Shall not occupy any portion of a front setback or any setback which abuts an existing public right-of-way or residential property;
6. 
Shall be landscaped to the satisfaction of the planning director;
7. 
Shall be constructed with durable waterproof and rustproof material and shall be maintained at all times in a clean, litter-free condition;
8. 
Shall observe the hours of operation of typical commercial uses;
9. 
Shall be clearly marked to identify the type of material to be deposited, the operating instructions, and the identity and telephone number of a responsible person to call if the facility is inoperative;
10. 
The signage on any reverse vending machine shall not exceed four square feet, exclusive of the operating instructions;
11. 
Shall be adequately illuminated to ensure public safety;
12. 
Shall provide for storage of all recyclable materials within the facility at all times;
13. 
Shall not operate at noise levels in excess of sixty dBA as measured at the property line of any adjacent residentially zoned property;
14. 
Graffiti shall be removed within twenty-four hours of its discovery;
15. 
Shall be subject to an administrative fine to be collected by the department of code enforcement for any violation of the provisions of this subparagraph;
16. 
Violation of, or noncompliance with, any of the guidelines shall constitute grounds for revocation of the CUP. If a revocation hearing is necessary, the applicant will pay for the cost of the hearing. Failure to pay for the cost of the hearing shall be grounds for revoking the CUP;
17. 
No recycling center or facility shall permit loitering, camping, public begging, consumption of alcoholic beverages, use of illegal narcotics, or any other criminal activity at any time;
18. 
If the proposed facility is proposed outside of a state approved convenience zone, or is in addition to an existing convenience zone recycling facility, the applicant shall justify appropriateness of location;
19. 
The recycling facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation and notice that no material is to be left outside the enclosure;
20. 
The recycling facility shall be located and designed to be aesthetically compatible with the host use and with surrounding uses; and
21. 
A security plan shall be submitted to the chief of police or designee for approval prior to approval from the planning commission.
Q. 
Limitations on thrift shops:
1. 
Establishments must be operated by a charitable organization, as defined in Chapter 17.04 of the Hawthorne Municipal Code.
2. 
No thrift store shall be located within five thousand feet of another thrift store.
3. 
All donations must be dropped off, sorted, and processed within an enclosed building and supervised by a designated employee overseeing the acceptance of goods.
4. 
A second access area for collection of donations is required and must be separate from the primary entrance to the establishment.
5. 
Signage must be posted which prohibits drop-offs outside of the building during non-business hours.
6. 
Establishments shall utilize marketing and merchandise display techniques generally comparable to those used by retail stores selling only new merchandise.
7. 
Interior layout and design plans illustrating fixture types and locations and window displays, shall be submitted to the planning department for review and approval.
8. 
The operator shall maintain the premises in a clean and orderly manner at all times.
(Prior code 3 § 12-902; Ord. 1252 §§ 15, 16, 1981; Ord. 1426 § 8, 1987; Ord. 1434 § 3, 1988; Ord. 1553 § 4, 1993; Ord. 1743 § 9, 2002; Ord. 1933 § 8, 2008; Ord. 1985 § 13, 2011; Ord. 2025 §§ 8, 9, 2012; Ord. 2032 § 11, 2013; Ord. 2062 §§ 12—14, 2014; Ord. 2068 § 15, 2014; Ord. 2140 § 8, 2017)

§ 17.26.040 Height.

No maximum height is imposed except that for structures having a height of five or more stories, approval of a conditional use permit is required.
(Ord. 1267 § 2, 1982)

§ 17.26.050 Floor area.

In a C-2 zone the maximum floor area permitted on a lot or site shall be no greater than one and a half times the square foot area of the lot or site.
(Prior code § 12-904; Ord. 1743 § 10, 2003)

§ 17.26.060 Open spaces.

Additional open spaces, both as to amount and location on the premises, may be required in connection with a conditional use permit or variance to apply the established requirements of this title and related ordinances pertaining to such subjects as off-street parking, parking, loading areas, convenient and safe circulation of vehicles and pedestrians, ingress and egress as related to the marginal traffic pattern, vision clearance (traffic) drainage and lighting.
(Prior code § 12-905; Ord. 2070 § 10, 2014)

§ 17.26.070 Special noise sources.

A. 
Radios, Television Sets and Similar Devices.
1. 
Use Restricted. It is unlawful for any person within any C-2 zone of the city to use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound, between the hours of ten p.m. of one day and seven a.m. of the following day, in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitivity residing in the area.
2. 
Prima Facie Violation. Any noise exceeding the ambient noise level at the property line of any property or by more than five decibels shall be deemed to be prima facie evidence of a violation of the provisions of this section.
B. 
Machinery, Equipment, Fans and Air Conditioning.
1. 
Use Restricted. It is unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level by more than five decibels. This section shall not apply to the performance of emergency work.
C. 
Ambient Noise Base Level.
1. 
For purposes of this section, the ambient noise level shall not in any event be less than the following levels at the respective times and zones, irrespective of the ambient noise level actually measured:
Zone
Time
Decibels
Property zoned C-2 and all residentially zoned property abutting such C-2 zoned property
10:00 p.m. to 7:00 a.m.
50 dBA
Property zoned C-2 and all residentially zoned property abutting such C-2 zoned property
7:00 a.m. to 10:00 p.m.
60 dBA
Property zoned C-2 other than that abutting such residentially zoned property
Anytime
65 dBA
2. 
If the ambient noise level actually measured exceeds the above levels at the times and within the zones specified above, then the noise level actually measured shall be used as the "ambient noise level" for purposes of application of this subsection.
D. 
Decibel Measurement Criteria.
1. 
Any decibel measurement made pursuant to the provisions of this section shall be based on a reference sound pressure of 0.0002 microbars as measured in any octave band with center frequency, in cycles per second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000, and 8,000, or as measured with a sound level meter using the "A" weighting network, using the slow meter response.
2. 
Measurements shall be taken with the microphone located at any point on the property line, but no closer than three feet from any wall and not less than three feet above the ground.
3. 
A minimum of three readings shall be taken at two-minute intervals. The sound level shall be the average of these readings.
(Ord. 1174 § 8, 1979; Ord. 2127 § 12, 2016)

§ 17.26.100 Landscaping.

A. 
All landscaped areas, required by this title or otherwise, shall be planted with plants from the list of approved landscaping plants in Appendix A at the end of this title.
B. 
The use of plants not on the list may be approved by the director of planning on a case-by-case basis. The applicant is responsible to provide documentation that the proposed plants are appropriate for the climate and the proposed location on the property. The director of planning will approve the use of the plant upon determining that it is not considered a noxious or invasive propagator, that it does not create problems with invasive roots when proposed near structures or property lines, that the plant does not require excessive watering to thrive, and that the plant does not pose a hazard to persons or structures.
C. 
All landscaped areas must be irrigated with an irrigation system that includes an automatic programmable timer, a precipitation override mechanism, and appropriate valves and sprinkler heads for the proposed landscaping.
(Ord. 1939 § 11, 2009)

§ 17.26.110 Outdoor dining.

Outdoor dining, as an accessory to a permitted restaurant, café, or other establishment that offers food or drinks for on-site consumption, shall require approval of an outdoor dining permit pursuant to Chapter 17.06. The planning director shall review the application to ensure compatibility with the surrounding area and the protection of health, safety and the general welfare and may further condition the approval to limit the location, size, arrangement, hours of operation and other reasonably related aspects of outdoor dining. Outdoor dining in the public right-of-way shall also be subject to an outdoor dining encroachment permit pursuant to Title 12 of this code.
(Ord. 2068 § 16, 2014)