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Lakewood City Zoning Code

PART 4

C-1 Neighborhood Commercial Zone Regulations

§ 9340 Uses Permitted.

A. 
Any use permitted as a matter of course in the R-1 zone under the same specified conditions, except: (i) Carnivals, which shall not be permitted in this zone; (ii) residential uses, which shall not be permitted in this zone; and (iii) vehicle parking lots, which may be established as a matter of course.
[Amended by Ord. 478; Ord. 72-19; Ord. 2005-5]
B. 
Retail stores, shops, businesses, and services, including, but not specifically limited thereto, the following:
1. 
Antiques, genuine.
2. 
Appliances, home.
3. 
Art school, including music.
4. 
Bakery, retail only.
5. 
Bank.
6. 
Barber shop or beauty parlor.
7. 
Bars, cocktail lounges or any place offering alcoholic beverages for sale for consumption on the premises, and where in connection with bona fide eating establishment as defined by the Business and Professions Code of the State of California as the principal use, provided that no outside door to such bar, cocktail lounge or place where said alcoholic beverages consumed is located within two hundred feet of land zoned for residential use.
[Amended by Ord. 451]
8. 
Billboards provided a permit has been obtained as required by Section 9341.(S)(G).
9. 
Book or stationery store.
10. 
Business colleges, trade schools, commercial schools, boarding schools, private day schools, day nurseries, children's boarding homes and foster day care homes, or any other school where such schools are not within the definition of "Educational Institution" as defined by Section 9302.22 of this Chapter, provided a conditional use permit has been first obtained therefor as provided in this Chapter.
11. 
Cafe or restaurant.
12. 
Camera and film sales and exchange.
12a. 
Catering Business, excluding direct sales from commercial vehicles.
[Added by Ord. 97-8]
13. 
Clothes cleaning agency or pressing establishment.
13a. 
Coin Operated Amusement Devices.
[Added by Ord. 2021-8]
13b. 
Commercial Tutoring.
[Added by Ord. 2021-8]
14. 
Department or variety store.
15. 
Dress or millinery shop.
16. 
Drug store.
17. 
Dry goods or notions store.
18. 
Florist shop and plant nursery.
19. 
Furniture.
20. 
Furrier's shop.
22. 
Grocery.
22a. 
Gymnasiums. Gyms and other athletic workout and training facilities.
[Added by Ord. 2021-8]
23. 
Hardware store.
24. 
Interior decorating studio.
25. 
Jewelry.
27. 
Manufacturer's representative, samples only.
28. 
Meat market or delicatessen store provided no live poultry or rabbits are kept or slaughtered on the premises.
28a. 
Mixed-use development subject to the conditions, limitations, and standards set forth in Section 9369.
[Added by Ord. 2024-3]
29. 
Newsstand.
30. 
Offices, business and professional.
31. 
Outdoor advertising, provided that a permit has been obtained as required by Section 9341.G.
32. 
Pet Care Services. Pet care services including pet shops, pet grooming and training, veterinarian offices, and animal hospitals, which all may provide 24-hour daily care, subject to the following: These uses shall not allow outdoor activities between the hours of 7:00 p.m. and 7:00 a.m. The animal and the operational noise levels generated by the use shall not exceed 65 dbA at any adjoining property line. Domestic Animal Boarding (e.g., dog and cat daycare is not included in the C-1 zone district but is allowed in the C-3 zone.
[Added by Ord. 74-23; amended by Ord. 2021-8]
33. 
Photography studio.
34. 
Private club.
35. 
Radio and television sales and repair.
36. 
Shoe store and shoe repair shop.
37. 
Tailor.
38. 
(Reserved)
[Added by Ord. 81-14; amended by Ord. 98-9; repealed by Ord. 2021-8]
39. 
Vehicle Parking Lot, Commercial. Provided said parking lot is located more than two hundred feet from land zoned for residential uses.
[Added by Ord. 92-6]
C. 
The following uses provided in each instance a conditional use permit has been obtained and continues in full force and effect:
1. 
Commercial parking tot located two hundred feet or Jess from land zoned for residential uses.
[Added by Ord. 92-6]
2. 
Service Stations.
[Added by Ord. 534]
(a) 
Purpose. The City Council hereby finds that the erection, construction, or maintenance of service stations in commercial zones, unless subject to site plan review and control provided in this Subsection, can adversely affect the development of surrounding areas for residential, business, or industrial purposes or other uses. The City Council finds that the number of service stations concentrated at thoroughfare intersections, if not controlled, will have an adverse effect on the flow of traffic and will create problems of ingress and egress detrimental to surrounding properties and the general community. The City Council further finds and determines that the construction and maintenance of service stations without regulation and control will be detrimental to the public health, safety, and welfare in that the same tend to be unsightly, noise-producing, emit and produce oil, gas, grease, and obnoxious odors and substances, tend to be places where car parts, tires, junk and material and debris accumulate, and generally impair or depreciate the benefits of occupancy and use of surrounding and adjoining properties, producing degeneration of property in such areas, with attendant conditions of deterioration affecting the public health, safety, comfort, and general welfare. In addition, the City Council further finds that abandoned service stations are more frequent than other vacant properties, in that they are built and constructed for one use only and may not be readily transformed into another use and that abandoned, unoccupied service stations create blight, become a place for the dumping and depositing of junk, trash, and debris, and generally deteriorate surrounding properties. It is the purpose of this Subsection to prevent those and other harmful effects and to promote the public convenience and welfare, conserve the value of buildings, and encourage the most appropriate use of land within the City of Lakewood by requiring service station site plan review and control as hereinafter set forth. The City Council further finds and determines that restrooms at service stations are necessary to maintain the health, safety, comfort and welfare of the community, and those persons using the Cities, Highways and Roadway.
[Amended by Ord. 87-7]
(b) 
Principles. In overcoming the aforementioned deleterious effect of service stations, the following principles should be adhered to whenever possible:
(1) 
Service stations should be located adjacent to and integrated with other commercial uses and not developed in spot locations.
(2) 
Service stations should be located so as not to create traffic problems in connection with ingress and egress therefrom.
(3) 
Garage and mechanical repair should only be incidental to the service station and should not become a primary use.
(4) 
Wherever possible, all use should be conducted within a building so as to protect surrounding properties.
(5) 
The siting and architectural character of service station should blend with the existing or proposed character of the surrounding area.
(6) 
A pleasing, uncluttered appearance of a service station should be assured by adherence to sign regulations, maintenance of adequate landscaping and, where appropriate, conditions restricting outdoor display of automotive accessories and other sales items.
(c) 
Standards. No conditional use permit for a service station shall be issued in violation of the following standards:
(1) 
A service station shall have no more than two curb cuts for each street frontage.
(2) 
All service stations shall have a minimum of 22,500 square feet of lot area, with 150 feet of frontage on at least one street. Where there are no 1ube bays or auto repair, the Planning and Environment Commission may approve a minimum lot area of 20,000 square feet, with 150 feet of frontage on at least one street. Service stations selling gasoline or like fuel only, or the sale of gasoline or like fuel only in conjunction with no other use than a convenience store; mini-market; snack shop, store or area; or, other similar use where limited groceries are sold, shall have a minimum of 18,000 square feet of lot areas with 135 feet of frontage on at least one street. Service stations established prior to the effective date of the ordinance enacting this Section may maintain the originally approved uses but if new uses are proposed, such service stations shall comply with the standards of this Section.
[Amended by Ord. 84-61; Ord. 97-2]
(3) 
Four percent (4%) of the net area of a service station site shall be improved with well maintained landscaping elements. In addition to plant materials, these elements may include street furniture such as benches and tables, and decorative surfaces. Emphasis should be placed on a pleasing appearance, quality of design, and proper balance between structures and landscape elements.
(4) 
Service stations located in any commercial zone shall be integrated with adjacent developments.
(5) 
Unless authorized otherwise by conditional use permit, a reinforced cement or block masonry wall six (6) feet in height shall be maintained at the exterior boundaries of the service station area, excepting the front yard setback area, those locations approved for ingress and egress, and all areas abutting a street, other than an alley.
(6) 
Artificial lighting systems shall be so designed as to reflect away from adjoining properties.
(8) 
A restroom consisting of a toilet and sink, and properly stocked with toilet paper and paper towels is required for any type of service station, including self-service stations. Said restroom shall be available during all hours of operation of the service station and maintained in a clean and sanitary condition. The restroom shall be equipped to be accessible to the handicapped.
[Added by Ord. 87-7]
(d) 
Application. Each application for a conditional use permit shall include the following:
(1) 
Parcel dimensions.
(2) 
Locations, proposed use, size, height, floor plans of all existing and proposed buildings.
(3) 
The location, height, and materials to be used in the construction of all walls and fences.
(4) 
The location, number of spaces, dimensions, and circulation pattern of all proposed off-street parking.
(5) 
All pedestrian and vehicular access routes, including interior traffic circulation design.
(6) 
The location, size height, materials, and lighting of signs.
(7) 
The location, dimensions, nature of use of all areas exterior to the main building or buildings.
(8) 
The location and general nature of lighting.
(9) 
Existing and proposed streets and street improvements.
(10) 
A landscaping and watering plan indicating existing and proposed natural features, such as trees, shrubs, water courses, topography, and proposed landscaping, and materials for the surfacing of areas between buildings, driveways, and other open areas.
(11) 
Exterior elevation plans.
(e) 
Approved Plan. No conditional use permit for a service station shall be approved except upon a finding and determination that the principles and standards of this subsection, as well as the general purposes of this Chapter have been met, or that the same will be met upon the imposition of such reasonable and necessary conditions as to insure conformity with the terms and provisions of this Chapter and of this subsection. Each approval of such application shall include approval of the site plan and the exterior elevation plans. The property shall be developed and maintained in substantial conformity with said approval.
[Amended by Ord. 81-11]
(f) 
Disapproval. No conditional use permit shall be granted for a service station in violation of the principles and standards of this Subsection. Upon a finding and determination that the principles and standards of this Subsection cannot be met by the imposition of reasonable conditions, the application shall be denied. In addition, any application shall be denied where one or more of the following findings are made:
(1) 
The building or structure, because of its design or location, does not blend with the existing or proposed character of the surrounding area and property, and detrimental to the public welfare.
(2) 
The addition of the proposed service station to an area of concentrated adjoining service stations will create traffic problems and problems of ingress and egress, which will be detrimental to the public health, safety and welfare.
(3) 
The proposed service station is not located adjacent to and integrated with other commercial uses and, as proposed, would constitute a spot development.
(4) 
The proposed service station does not integrate into the surrounding commercial area by reason of design, ingress and egress, circulation patterns, or the nature of established uses in the surrounding areas.
(5) 
Because of the nature of the surrounding established uses, the proposed service station will create conditions of noise, traffic, odors, and unsightliness detrimental to surrounding commercial and residential properties, and detrimental to the public health, safety, and welfare.
3. 
Hospitals, Convalescent Homes and Sanitariums.
[Added by Ord. 74-9]
4. 
Alcoholic Beverage Establishment, Off-Sale.
[Added by Ord. 99-8]
(a) 
Any premise within the City which has not exercised any of the rights and privileges conferred by a retail license issued by the State Department of Alcoholic Beverage Control prior to July 1, 1999, shall first obtain a conditional use permit to dispense alcoholic beverages for off-site consumption. Except where located within a Regional Shopping Center, no conditional use permit shall be approved to sell alcoholic beverages for off-site consumption where the gross floor area of the establishment is less than 6,500 square feet and where there are two or more active off-sale licenses within 300 feet of the proposed off-sale license location. For the purposes of this section, the distance between the proposed and active license locations shall be measured from the property boundary of the proposed off-sale license premise to the nearest property boundaries of the active off-sale licenses.
[Amended by Ord. 2014-3]
(b) 
Notwithstanding the foregoing, no such conditional use permit shall be required of a premise having and exercising on or before June 30, 1999, a retail license issued by the State Department of Alcoholic Beverage Control. Such premises are Deemed Approved Alcoholic Beverage Establishments. No conditional use permit shall be required for such premise provided the following conditions specified by Business & Professions Code 23790, or as amended, are met:
(1) 
The premises retain the same type of retail liquor license within a licensed classification.
(2) 
The licensed premises are operated continuously without substantial change in mode or character of operation. For the purpose of this subdivision, a break in continuous operation does not include:
(i) 
A closure for not more than thirty (30) days for the purpose of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages.
(ii) 
The closure for restoration of premises rendered totally or partially inaccessible by an act of God or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages.
(c) 
Notwithstanding the foregoing, no conditional use permit shall be required for any business whose gross floor area equals or exceeds 10,000 square feet selling at wholesale or retail a large range and variety of products including alcoholic beverages for off-site consumption and where the storage and display of said alcoholic beverages occupies less than ten percent (10%) of the gross floor area of said business.
(d) 
Any service station dispensing vehicle fuel and required to have a conditional use permit, or having Deemed Approved status, pursuant to this Part, shall at all times comply with all relevant provisions of this Part including the following conditions:
(1) 
No beer or wine shall be displayed within five feet (5') of the cash register or the front door.
(2) 
No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
(3) 
No sale of alcoholic beverage shall be made from a drive-in window.
(4) 
No display or sale of beer or wine shall be made from an ice tub.
(5) 
No beer or wine advertising shall be located on motor fuel islands, and no self-illuminated advertising for beer or wine shall be located on building or windows.
(6) 
Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. who sell beer or wine shall be at least twenty-one (21) years of age.
(7) 
The permittee at all times shall comply with all terms and provisions of the license issued by the State Department of Alcoholic Beverage Control and/or the terms and provisions of the Alcoholic Beverage Control Act.
(e) 
A Conditional Use Permit required by this Section shall be issued in accordance with and subject to the terms and provisions of Part 10 of this Chapter, and where the premises are maintained and operated in a condition and manner compatible with and do not adversely affect the livability of appropriate development of abutting properties and the surrounding neighborhood. An issue to be determined is whether the granting of the Permit will result in an undue concentration of Alcoholic Beverage Establishments, Off-Sale, in the vicinity leading to the public nuisance problems recited in Section 1 of Ordinance No. 99-8.
(f) 
Performance Standards. Any conditional use permit or any activity having a Deemed Approved status shall comply with the following performance standards. The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales and to protect the public health, safety and welfare. Any conditional use permit or Deemed Approved status is subject to amendment, modification or revocation following the proceedings on notice as provided in this Chapter where the amendment, revocation or modification of conditional use permits if the following is found to exist:
(1) 
Repeated nuisance activities within the premises or in close proximity of the premises, including, but not limited to, disturbance of the peace, illegal drug activity, public drunkenness, drinking of alcoholic beverages in the public or vehicles on or about the premises, harassment of passersby.
(2) 
Repeated nuisance activities within the premises or in close proximity of the premises of public urination, assault and battery, excessive littering, loitering, graffiti.
(3) 
Repeated nuisance activities within the premises or in close proximity of the premises consisting of illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations and lewd conduct.
(4) 
Where the operation of the premises results in violation of any applicable City ordinance or State or Federal regulation or statute.
(5) 
Failure to comply with any condition imposed in the issuance of a conditional use permit.
5. 
Massage Establishment provided the following conditions and standards are met and maintained at all times:
[Added by Ord. 2015-4]
(a) 
The proposed use will not be contrary to the public interest or injurious to nearby property, and the spirit and intent of this subsection will be observed.
(b) 
The owner, operator, or manager shall lawfully maintain a valid Business Permit at all times pursuant to the requirements contained in Chapter 4 of Article IX of the Lakewood Municipal Code.
(c) 
The owner, operator, or manager of a massage establishment shall be responsible for ensuring that each and every masseur working within the massage establishment, whether as an employee or independent contractor, lawfully possesses a valid certificate issued by the California Massage Therapy Council designating him as a Certified Massage Therapist or a Certified Massage Practitioner pursuant to Section 4600 et al of the Business and Professions Code. The term "masseur" shall also include masseuse, as the use of the masculine gender shall include in all cases the feminine gender as well.
(d) 
At least one Certified Massage Therapist or Certified Massage Practitioner shall be on the premises during all hours of operation.
(e) 
Managers of a Massage Establishment shall communicate to all employees of the business the importance of professional business practices.
(f) 
No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept any alcoholic beverage as defined in §23004 of the Business and Professions Code of the State within the premises wherein a massage business is conducted. No intoxicated person shall be provided with any massage services and shall not be permitted to remain on the premises.
(g) 
The permitted hours of operation shall be between 7:00 A.M. and 10:00 P.M. daily, unless otherwise authorized by conditional use permit.

§ 9341 Limitations of Uses Permitted.

Every use permitted in a C-1 Zone shall be subject to the following conditions and limitations:
A. 
(Reserved)
B. 
All uses shall be conducted wholly within a building except a plant nursery, gasoline, oil or petroleum product pumps, newsstand, outdoor advertising, commercial parking lots, vehicular parking and loading spaces, outdoor accessory uses displays and storage, which are normal and incidental to the primary permitted commercial use, where otherwise allowed or authorized by this Part. No required vehicle storage space or landscaped area shall be devoted to outdoor displays or storage.
[Amended by Ord. 534; Ord. 2015-5; Ord. 2018-6]
C. 
All merchandise shall be sold at retail only. Sale of second-hand merchandise taken in as a trade-in on the sale of new merchandise is permissible provided that such sale is incidental to the sale of new merchandise and is conducted on the same premises.
D. 
(Reserved)
E. 
Any garage or portion of any building having vehicular access to an alley shall be located not Jess than twenty (20) feet from the center line of that alley.
F. 
(Reserved)
G. 
(Reserved)
H. 
Where a commercial use abuts upon alleys on two sides, at least a 20-foot wide driveway shall be maintained at all times so as to provide vehicular access from at least one alley into and from the parking area serving said use. This Subsection H shall not be deemed to constitute a valid existing conforming use as nonconforming, if said use was validly existing on the date of the ordinance enacting this subsection. This section shall apply to all future commercial development and use, or to any expansion, remodeling, or rebuilding of an existing commercial use where the expansion or remodeling or rebuilding constitutes at least 50 percent new construction.
[Added by Ord. 232]
I. 
Trailer Coaches. Notwithstanding any provisions of this Chapter or this Code to the contrary, trailer coaches may be used as temporary living quarters in connection with the authorized sale of fireworks during the period of 12:00 o'clock noon, June 21, to 12:00 o'clock noon, July 10, of any year; or as temporary sales offices, or temporary living quarters where in connection with Christmas trees, from November 1 to December 31 of any year; or as an office for any political party, movement, or candidate, for a period of time not exceeding sixty calendar days prior to any election. No person shall establish, maintain or occupy such a trailer coach for any of the aforementioned purposes unless he has been first issued an occupancy permit therefor and provided further the following conditions are observed and complied with at all times:
[Added by Ord. 459; amended by Ord. 464]
1. 
In order to avoid an undue concentration of such temporary quarters, there shall not be more than one trailer coach per one hundred thousand square feet of commercial, or Jess restrictive zoned land.
2. 
All applicable provisions of the Building Code, not inconsistent with this Part, are observed at al I times, and a permit therefor issued pursuant to the terms and provisions of the Building Code is maintained at all times.
3. 
The owner and occupant of such a trailer coach shall within five days after the expiration of the aforementioned period remove said trailer coach from the premises and clear and clean the premises of all rubbish, debris, temporary stakes, poles and other materials. No person shall maintain or occupy such a trailer coach unless he has deposited with the City the sum of $100 guaranteeing the faithful performance of this subsection and, in the event any such person should fail to comply with the terms and provisions of this subsection, the City may without further notice clear said trailer coach site of all materials, including said trailer coach, and retain said sum of $100 for the City's costs and expenses in connection therewith.
4. 
Said trailer coach facility has access to restroom facilities within two hundred feet from the site of said trailer coach.
5. 
Off-street parking facilities, in accordance with the terms and provisions of this Chapter, are provided contiguous to said trailer coach or on any adjoining lot or parcel within two hundred feet of said trailer coach site.
6. 
Said coach is provided with temporary electrical service, all installed and maintained in accordance with the terms and provisions of the electrical code.
7. 
Each coach built after May 25, 1967 shall bear the insignia of approval of the State of California.
8. 
Said trailer shall be maintained only at the location shown on the plot plan on file.
J. 
Service Stations. All service stations shall be subject to the following regulations and conditions and no person shall maintain or operate a service station in violation thereof.
[Added by Ord. 534]
1. 
There shall be no major mechanical repair, vehicle body or fender repair, or vehicle painting on the premises. Maintenance of vehicles shall be limited to oil changing, lubrications, installation and repair of small accessories and mi nor parts, exchange of tires and tubes, wheel bearings and seals, spark plugs, fuel pumps, carburetors, coils, fan belts, radiator hoses, water pumps, starters and generators, alternators and related or similar parts, motor tune-up including testing, adjusting, repairing and replacement of ignition systems and related small parts, exchange and recharge of batteries (but not including repair or rebuilding), repair and replacement of tires, tubes, and related parts, servicing of brakes and relining, and emergency repairs.
2. 
No vehicles shall be stored on said premises more than seventy-two (72) hours.
3. 
All sales display and storage areas shall be considered areas of the principal business activity and shall be enclosed within a building and so located and designed in a manner that the same do not detract from the appearance of the surrounding areas. Notwithstanding this Subsection, there may be the exterior sale and display of new and used tires, not to exceed twenty-five (25) in number, with the exception that not more than fifty (50) additional tires may be stored in movable storage racks, gasoline pumps, oil cans, and related items, and coin-operated vending machines, provided the same are maintained within ten (10) feet of the main building or on the station's islands, or as authorized by conditional use permit.
4. 
Except for an emergency, all authorized mechanical repair, vehicle greasing and tire replacement shall be conducted within a building located on the premises.
5. 
There shall be no sale of products from the premises which are not incidental to vehicular use, other than cigarettes, candy, and soft drinks.
7. 
There shall be no other use on the premises or on the portions of the premises occupied by the service station, except as previously authorized in this subsection, or as authorized by a conditional use permit. In the event the use of said premises as a service station is vacated, abandoned or suspended, all buildings and structures shall be removed from said premises within a period of sixty (60) days following the vacation, abandonment or suspension of use of said premises for a continuous period of six (6) months. The Planning and Environment commission may, upon reasonable cause shown extend such times. Noncompliance with this Section may be abated as a public nuisance in accordance with Chapter 3 of Article IV of this code.
[Amended by Ord. 81-11]
K. 
Storage of Garbage, Waste, Refuse and Trash. In connection with this Section the following definitions and meanings shall apply:
[Added by Ord. 540; amended by Ord. 543]
1.
Owner shall mean the person who owns or occupies or manages any use in a commercial zone, or any agent thereof.
2.
Storage of garbage, waste, refuse and trash has reference to the storage by an owner of garbage, waste, refuse and trash on said premises for the purpose of ultimate disposal through either incineration in an incinerator approved by the Air Pollution Control District or by a licensed collector.
3.
Garbage, waste, refuse and trash deposit cans has reference to containers provided by such owner for the convenience and the use of his customers or the public on said premises.
No owner of any premises in the Commercial Zone shall deposit, maintain, accumulate, dispose of, or allow the deposit, accumulation, maintenance or disposal of any garbage, waste, refuse or trash except as follows:
1.
Garbage, waste, refuse and trash deposit cans shall be metal or plastic containers equipped and maintained with overlapping, fly-tight lids, or such other containers meeting the approval of the Health Officer.
2.
Such containers shall not be used by the owner for any purpose other than for the convenience of his customers and the public and shall be emptied at least once each twenty-four hours into containers maintained by the owner for the storage of garbage, waste, refuse and trash.
All other garbage, waste, refuse and trash, unless being disposed by incineration in an incinerator approved by the Air Pollution Control District or by a licensed collector, shall be stored and maintained within a building.
3.
Notwithstanding the last paragraph, where a use has been established on the date of the ordinance enacting this Section, until the 1st day of July, 1971, garbage, waste, refuse and trash may be stored outside a building as follows. Garbage produced for or in connection with said premises may be stored on said premises provided the same is placed and maintained in metal or plastic containers which have overlapping fly-tight lids. The lid shall be secured in place at all times while the container is not being filled or emptied. All other trash, refuse and waste shall be placed, maintained and stored in containers of substantial design and construction that will retain therein said trash, refuse and waste and may be readily emptied by licensed collectors and which will not readily disintegrate, fall apart, blow or scatter about the premises. No such container or garbage or trash can shall be placed or maintained in any public alley of the City. This subsection (3) terminates and shall no longer be effective on and after July 1, 1971.
4.
Notwithstanding the foregoing or any other provisions of this Section to the contrary, any owner may store garbage, waste, refuse and trash outside of any building of said premises provided the same is stored and maintained as follows:
 
(a)
Within a metal bin equipped with wheels so that the same may be pushed or moved about, all of the designed structure approved by the City Administrator. All garbage, waste, refuse and trash shall be maintained within the interior of said metal bin and where lids are required, the same shall be completely closed at all times except when being emptied.
 
(b)
Within an enclosure which shall have on each side thereof a solid, reinforced masonry wall not Jess than five feet in height, provided, however, that the City Administrator may approve substitution of a solid fence or other material when in his opinion such fence or other material will adequately comply with the provisions of this subsection.
 
All openings shall be equipped with gates or doors which meet the height requirements of this subsection and fence requirements for durability. Such gates or doors shall be equipped at all times with a fully operating self-closing device. At least one opening or gate or door shall be of sufficient width to provide reasonable and necessary access to the storage area and said opening door or gate shall at all times be located and maintained at such a place and in such a fashion that access to the storage area for the deposit and removal of waste, trash, refuse and garbage is reasonable afforded.
 
All garbage stored within said enclosure shall be placed and maintained in a metal or plastic container which has an overlapping fly-tight lid. The lid shall be secured in place at all times when the container is not being filled or emptied.
 
Waste, refuse and trash, other than garbage, as defined in Section 9302.25aa, shall be placed, maintained and stored in containers of substantial design and construction that will retain therein said trash, refuse and waste and may be readily emptied by licensed collectors and which, further, do not readily disintegrate, fall apart, blow or scatter about the premises, said containers shall be kept within the walls of said enclosure except when being emptied.
 
(c)
In meeting the requirements of this subsection, one required off-street parking space may be utilized.
5.
No person shall deposit, place, dispose of, abandon, leave, discard, maintain or allow the deposit, leaving of the abandonment, or the discarding of garbage, waste, refuse and trash on any premises in a C-1 Zone unless the same is deposited or stored in accordance with and subject to the terms and provisions of this Section.

§ 9342 Building Height.

In the C-1 Zone no building shall exceed a height of four (4) stories or sixty-five (65) feet, whichever is the lesser.

§ 9343 Front Yard.

When property classified as C-1 comprises part of the frontage in a block on one side of a street between intersecting streets or alleys, and the remainder of the frontages in the same portion of the block between such intersecting streets or alleys are classified for "R" purposes, the front yard of such property shall conform to the front yard requirements of said "R" Zone.

§ 9344 Side Yards.

Property in a C-1 Zone need provide no side yards.

§ 9345 Rear Yard.

[Amended by Ord. 86-14]
Property in the C-1 zone need provide no rear yard setback, except when the rear yard of C-1 zoned property abuts R-1 or R-A zoned property, a 20 feet rear yard setback shall be maintained. A lesser rear yard setback abutting R-1 or R-A zoned property may be allowed, pursuant to a Conditional Use Permit and subject to such conditions necessary to protect the public health, safety and welfare.

§ 9346 Site Landscaping.

All sites located in commercial or manufacturing zones shall be permanently maintained with suitable nursery stock in accordance with the following standards:
A. 
Required Landscaping. Not less than 4% of the total site, including building area, but excluding lot area dedicated to public rights-of-way, shall be landscaped. Said landscaping shall be provided in addition to that required by Section 9492.P.
B. 
Trees. One (1) tree, minimum fifteen (15) gallon size, of a species satisfactory to the City, shall be planted for each 300 square feet of landscaped site area.
C. 
Planting Area. All required planting areas shall be not less than twenty-five (25) square feet in area, nor less than three (3) feet in width, provided further that all planter areas shall be enclosed within a six (6) inches high by six (6) inches wide concrete curb where the same is not adjacent to a concrete sidewalk, masonry wall, or building, excepted therefrom are raised planter boxed adjacent to or abutting a building.
D. 
Irrigation System, Automatic. All landscaping shall be provided and maintained with an adequate automatic irrigation system.
E. 
Site Landscaping Plans. Site landscaping plans shall be approved by the Development Review Board prior to the issuance of a building permit. Said plans shall be prepared in accordance with the charts, diagrams, plot plans, and standards on file in the office of the Director of Community Development, as provided for in Part 19 of the Lakewood Municipal Code.
[Added by Ord. 82-14]