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Hawthorne City Zoning Code

CHAPTER 17

10 USE CLASSIFICATION

§ 17.10.010 Established.

In order to accomplish the purpose of this title, use classifications are established, in each of which regulations are prescribed concerning the permissible uses, the height and bulk of buildings, the area of yards and other open spaces about buildings, and determining the density of population, such classifications to be known as follows:
Base Zoning Districts
 
H
Horticultural classification
R-1
Low-density residential classification
R-2
Medium-density residential classification
R-3
High-density residential classification
R-4
Maximum-density residential—Restricted service classification
CR Regional Commercial
Regional commercial use classification
C-2
Local commercial classification
C-3
General commercial classification
CM
Mixed commercial
M-1
Limited industrial classification
M-2
Heavy industrial classification
Overlay Zones
 
TIO
Trucking intensive overlay zone, which shall be those areas within the M-2 zone shown on the official zoning map
MU
Mixed-use overlay zone, which shall be those areas within the C-1 or C-3 zones shown on the official zoning map
FO
Freeway overlay zone, which shall be those areas within any non-residential zones that are within 500 feet of the edge of the I-405 or I-105 freeways, as shown on the official Freeway Overlay Zone Map
RPZ
Runway protection zone, which shall be a trapezoidal area off the end of the runway on the eastern side of airport (Runway 25) that serves to enhance the protection of people and property on the ground
AOZ
Airport overlay zone, which shall be an irregularly shaped area that denotes an area influenced by the presence of the Hawthorne Municipal Airport and within its 2012 60 CNEL noise contours or safety zones. The AOZ is divided into AOZ Area #1 and AOZ Area #2
(Prior code § 12-300; Ord. 1725 § 5, 2001; Ord. 1743 § 1, 2002; Ord. 1821 § 49, 2005; Ord. 2036 § 4, 2013; Ord. 2118 § 3, 2016; Ord. 2122 § 4, 2016; Ord. 2127 § 3, 2016; Ord. 2157 § 6, 2018)

§ 17.10.020 Degree of restrictiveness.

In the different major categories of uses established by this title the "R" category is considered the most restrictive and the other major categories are less restrictive in the following sequence—"C" and "M." To further distinguish the degree of restrictiveness between the various major categories the sequence is as follows:
A. 
In the "H" category, the principal objective and purpose to be served by this classification and its application is to establish areas permitting horticultural uses and by means of the standards and requirements set forth herein, to maintain a desirable environment within the areas designated for such uses.
B. 
In the "R" category, that classification which establishes the lowest population density and requires the highest standards of lot area, yards and open spaces is considered to be the most restrictive, and the uses permitted in such classification are considered to be the lightest and most restrictive. The R-1 classification and the uses permitted therein on lots containing less than eight thousand square feet are considered to be the lightest and most restrictive. In this classification a further distinction is made in terms of required minimum lot area per dwelling unit. The degree of restrictiveness in such matters increases as lot size increase to, but not including eight thousand square feet. On lots containing eight thousand square feet or more, the lot area per dwelling unit decreases. As greater population density is permitted by classification, the uses permitted are considered to be heavier and less restrictive in the following sequence—R-2, R-1 lots containing eight thousand square feet or more, R-3 and R-4.
C. 
In the "C" category, that classification which establishes the most stringent performance standards is considered to be the most restrictive commercial classification, and the uses permitted in such classification are considered to be the most restrictive commercial uses. In the commercial category as set forth in this title, the Regional Commercial classification and the uses permitted therein are the most restrictive, and the classifications and uses become less restrictive in the following sequence—C-2, CM and C-3.
D. 
In the "M" category, that classification which establishes the most stringent performance standards is considered to be the lightest and most restrictive industrial classification and the uses permitted in such classification are considered to be the lightest and most restrictive. In the industrial category as set forth in this title, M-1 classification and the uses permitted therein are the lightest and most restrictive, and the classifications and uses become heavier and less restrictive in the M-2 classification.
(Prior code § 12-301; Ord. 1743 § 2, 2002; Ord. 1821 § 4, 2005; Ord. 2036 § 5, 2013; Ord. 2118 § 4, 2016; Ord. 2127 § 4, 2016)

§ 17.10.030 Establishment of zones by map.

The location and boundaries of the various zones in which specifically classified uses are permitted are such as are shown and delineated on the zoning map of the city, which map is the official precise land use plan and is a part of this title when adopted by the city council in the manner prescribed by law.
(Prior code § 12-302)

§ 17.10.040 Division of zoning map.

The zoning map may, for convenience, be divided into parts and each such part may, for purposes of more readily identifying locations within such zoning map, be divided into units, and such parts and units may be separately employed for identification purposes when adopting or amending the zoning map or for any official reference to the zoning map.
(Prior code § 12-303)

§ 17.10.050 Changes in boundaries.

Changes in the boundaries of the zones shall be made by ordinance adopting an amended zoning map, or part of said map, or unit of a part of said zoning map, which said amended maps, or parts or units of parts, when so adopted, shall be published in the manner prescribed by law and become a part of this title.
(Prior code § 12-304)

§ 17.10.060 Uncertainty of boundaries.

Where uncertainty exists as to the boundaries of any zone shown upon a zoning map or any part or unit thereof, the following rules shall apply:
A. 
Where such boundaries are indicated as approximately following street or alley lines or lot lines, such lines shall be construed to be such boundaries;
B. 
In the case of unsubdivided property, and where a zone boundary divides such property, the location of such boundaries, unless the same are indicated by dimensions, shall be determined by use of the scale appearing on said zoning map;
C. 
Where a lot or lots subdivided and recorded subsequent to the zoning of the area in which they are located become so placed that they are unequally bisected longitudinally by the boundary lines of different zones, the zone boundary may be considered as following the lot lines of the lot or lots so bisected in such manner as to place a lot wholly in that zone classification which applied to the major portion of the lot before the zone boundary was adjusted;
D. 
Where a lot or lots are equally bisected longitudinally by a zone boundary line, the total lot shall acquire the most restrictive use classification of the two zone classifications involved;
E. 
Where a lot or lots are bisected by the boundary line between two zones and such boundary line parallels or approximately parallels the street on which such bisected lot or lots shall acquire the classification of that zone within which the front portion of the bisected lot or lots lie. This provision shall not apply to through lots;
F. 
Where a public street or alley is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the classification of the property to which it reverts;
G. 
Areas of dedicated streets or alleys and railroad rights-of-way other than such as are designated on the zoning map as being classified in one of the zones provided in this title, shall be deemed to be unclassified and, in the case of streets, permitted to be used only for street purposes as defined by law, and, in the case of railroad rights-of-way, permitted to be used solely for the purpose of accommodating tracks, signals, other operative devices and the movement of rolling stock.
(Prior code § 12-305)

§ 17.10.070 Classifying of unclassified property.

Any property which, for any reason other than the fact that it is a railroad right-of-way or a street, is not designated on the zoning map as being classified in any of the zones established hereby, shall be deemed to be classified R-1.
(Prior code § 12-306)

§ 17.10.080 Prezoning properties outside of city.

The city council recognizes the fact that a city's social and economic life is seldom limited to the area within its corporate limits; that real need exists to consider zoning and physical planning on the basis of the existing and developing area rather than only the areas currently within the city limits; that state law, through the medium of the State Planning law, recognizes the existence of the relationship between a city and the areas adjacent thereto and has incorporated in such State Planning Law a mandate that cities shall preplan areas contiguous thereto if, in the opinion of the city, such areas bear a relationship to its planning. In recognition of such policy and purposes and the possibility of annexation of adjoining lands, the city undertakes to establish an expansion of a consistent land-use pattern that shall prevail if and when areas contained within such expanded plans annex to the city. For that purpose prezoning maps may be developed and adopted in the same manner prescribed by this title for the classification or reclassification of property within the city.
(Prior code § 12-307)

§ 17.10.090 Zoning status of annexing properties.

A. 
If a prezoning map for an area has been adopted, then such annexing property contained therein shall, upon becoming a part of the city, possess the classification indicated on the detailed prezoning map, and such portions of the detailed prezoning map governing properties so annexed shall become a part of the city's zoning map and thereafter be subject to all of the provisions of this title.
B. 
If a prezoning map for an area has not been adopted, then such area shall, upon annexation, be deemed to be temporarily zoned as R-1 under this title until said land is classified after being processed as an amendment to the zoning map. However, the council may, upon the recommendation of the planning commission, invoke a classification on such annexing properties other than R-1 by the adoption of an emergency interim ordinance when deemed necessary for the protection of the health, safety and welfare of the city and the property involved. Formal proceedings, however, must be instituted within one year from the effective date of the interim ordinance to properly amend the zoning ordinance in the manner set forth in Chapter 17.62, and the interim ordinance repealed.
(Prior code § 12-308)

§ 17.10.100 Limitation of land use.

Except as provided in this title, no building or structure shall be erected, reconstructed or structurally altered, nor shall any building, structure or land be used for any purpose except as hereinafter specifically provided and allowed in the zone in which such building, land or use is located.
(Prior code § 12-309)

§ 17.10.110 Regulations subject to Sections 17.10.120 through 17.10.270.

Chapters 17.02, 17.04 and 17.14 through 17.36, pertaining to the several classifications, shall be subject to the general provisions, conditions and exceptions contained in Sections 17.10.120 through 17.10.270.
(Prior code § 12-1500)

§ 17.10.120 Limitations on land use.

Except as may otherwise be provided in Sections 17.10.130 through 17.10.270, Chapter 17.38 and Chapters 17.42 through 17.60, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is specifically permitted in the zone in which such building or land is located.
(Prior code § 12-1501)

§ 17.10.130 Individual lot or building site is unit of application.

Unless otherwise specifically set forth in this title, all of the provisions, requirements, permitted uses, yards and open spaces are stated to apply to an individual lot or building site as each is defined herein.
(Prior code § 12-1502)

§ 17.10.140 Main building status.

Any building which is the only building on a lot or building site is a main building unless otherwise authorized by a variance. No accessory building or use is allowed on a lot or building site unless the primary use to which it is accessory exists on the same lot or building site.
(Prior code § 12-1503)

§ 17.10.150 Classification of unlisted uses.

In developing and adopting this title, it has been the purpose of the council to employ the fact that certain use characteristics may be recognized and established whereby comparable, compatible or similar uses are grouped in each of the several classifications set forth in this title, thus establishing the general character and type of uses permitted in each classification and, to further establish types of uses, certain uses are specifically named. The council is also aware of the fact it is not possible to enumerate and classify within this title every use to which land may be devoted, either now or in the future. It is further recognized that ambiguity may exist with reference to the appropriate and consistent classification of any use. Therefore, with reference to any use under the following circumstances, it shall be the responsibility of the planning commission to ascertain all pertinent facts relating to any such use and, by written findings, set forth in detail its interpretations and the established facts upon which its interpretations are based, and present its findings and recommendations to the city council. The council shall, after considering the facts and the stated purpose of each classification and the various use lists, determine the appropriate classification for the use. Thereafter such interpretations shall govern:
A. 
Any known and identifiable use which has been omitted from the list of permitted uses in any classification, or uses which have newly come into existence by reason of new technological developments in the trades, sciences and equipment;
B. 
Any use already listed in a classification but which, because of new processes, equipment or materials used possesses measurably different performance standards than do the other uses in that classification and which may warrant subject use being made permissible in a more restrictive classification.
For purposes of arriving at determinations under this title, the degree of compatibility of any use within either of these two circumstances to other uses shall be evaluated. So far as technical evidence and scientific means of measurement are available they shall be considered in determining the form and intensity of performance standards typically associated with any identifiable type of use. The term "performance standards" as here employed refers to such conditions or effects which result from the maintenance and operation of any principal use including, but not limited to the flow of sound measured in decibels; ambient level of sound; vibrations above and below the auditory range; odors, fumes, smoke or other emissions whether toxic or nontoxic; incidence of hazard, odors, fumes, smoke or other emissions whether toxic or nontoxic; incidence of hazard, including explosion or contamination; the identification and classification in terms of chemical composition of the emissions from any type of use whether industrial, commercial or domestic; the traffic-generating capacity, both in terms of freight and passengers, the volume of either or both, and the time or times of daily cycle that represent peak flow or minimum flow; the consuming capacity of and need for electrical energy, natural gas, oil, water, sewage disposal and transportation facilities including water, rail and air.
In no case, however, shall a use determined in this manner to be a commercial use be permitted to locate in a residential zone, nor shall any use determined to be an industrial use be permitted to locate in a strictly commercial zone.
The city may initiate proceedings under this title, or any person may file a written application for such determination with the planning commission upon forms supplied by the city, and such application shall be accompanied by such data as is available to the applicant on the factors enumerated herein as they apply to the subject use.
An up-to-date list of all uses classified pursuant to this title shall be maintained in the office of the building department and, at least once each year, copies of such list shall be prepared and made available to all persons requesting same.
(Prior code § 12-1504)

§ 17.10.160 Potential area classification.

Areas shown upon the zoning map enclosed within a dashed line indicate approximate locations considered to be suitable for the type of land use indicated by the symbol therein enclosed within a circle when and if such areas are initially designed, or redesigned, for such use. The uncircumscribed symbols shown within such areas on the zoning map represent the classification of such properties until they are processed as set forth herein.
The designation of a potential classification is based upon a recognition of the suitability of the location for the type of use indicated by the circumscribed symbol, and the impracticability of precisely classifying such property for the indicated future types of use until such lands are designed and planned in detail so as to establish the location and dimensions of parking areas, building sites and similar features pertinent to zoning, and the possible location, dimensions and alignment of streets, alleys, and other public facilities.
Such indicated future classification designation shall be shown on and be a part of the zoning map, and may be adopted or amended only in the manner prescribed for reclassifying of property as required in Chapter 17.62.
(Prior code § 12-1505)

§ 17.10.210 Uses in "C" or "M" categories shall not be offensive.

Any action which has the effect of amending this title, as defined in Section 17.62.010, shall be taken only after it is determined that the effect that any use first permitted in classifications contained in the "C" or "M" categories is not offensive to the surrounding permitted uses by reason of noise, mud, steam, vibration, hazard or other causes and any use the operation of which produces excessive odor, fumes (toxic or nontoxic), gases, airborne solids or other atmospheric contaminants shall be allowed to locate only when conforming to limitations now or hereafter defined by law and shall have secured a permit to operate from the Air Pollution Control District.
(Prior code § 12-1510)

§ 17.10.220 Temporary construction buildings.

Temporary structures for the housing of tools and equipment, or containing supervisory offices in connection with major construction projects, may be established and maintained during the progress of such construction on such projects, and shall be abated within thirty days after completion of the project, or thirty days after cessation of work.
(Prior code § 12-1511)

§ 17.10.230 Temporary construction signs.

Signs identifying persons engaged in construction on a site shall be permitted as long as construction is in progress; provided, that any time the removal is required for a public purpose said signs shall be moved at no expense to the city or other public agency.
(Prior code § 12-1512)

§ 17.10.240 Temporary real estate office.

One temporary real estate sales office may be located on any new subdivision in any zone; provided, the activities of such office shall pertain only to the selling of lots within the subdivision upon which the office is located; and provided further, that if the subdivision is in any "R" zone, the temporary real estate office shall be removed at the end of a twelve-month period measured from the date of the recording of the map of the subdivision upon which such office is located, or within fifteen days after the sale of the last lot, whichever occurs first.
(Prior code § 12-1513)

§ 17.10.250 Temporary real estate sign.

Two temporary real estate signs or billboards, not to exceed fifty square feet of area per face, or one sign or bill-board not to exceed an area of one hundred square feet of face may be located on any new subdivision in any zone; provided, such signs or billboards, if in an "R" zone, shall be removed at the end of a twelve-month period measured from the date the final map of the subdivision was approved by the city.
(Prior code § 12-1514)

§ 17.10.260 Public utilities without buildings.

The provisions of this title shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipe lines and electric or telephone transmission and distribution lines (but not including buildings) or railroads (but not including switching yards, roundhouses or shops) when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the state within rights-of-way, easements, franchises or ownerships of such public utilities; nor shall they restrict the right of a public utility to increase the capacity of facilities necessary to and used directly for the delivery of or distribution of services; provided, however, that in any "R" zone there shall be no enlargement of a substation site, and all yard requirements of the zone in which the site is located shall be maintained.
(Prior code § 12-1515)

§ 17.10.270 Limited increase of "C" zone depth.

When a lot in a "C" zone is located at a corner formed by intersecting or intercepting streets, and the lot has a depth of one hundred feet or less as measured along the boundary of the side street away from the corner toward "R" classified properties fronting upon such side street and in the same block, then additional lots to the rear of the "C" classified property may be utilized to provide an extension of the "C" use, provided the first lot so used is contiguous to the "C" classified property and the balance of the property so used is in sequence thereto. Such additional property and the property classified for "C" purposes shall not aggregate a depth greater than one hundred sixty feet measured as in this title provided, and no entrance to a building or driveway shall be established or used upon the forty feet farthest removed from the corner formed by the intersecting or intercepting streets.
(Prior code § 12-1516)