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Lakewood City Zoning Code

PART 4a

C-3 Intermediate Commercial Zone Regulations

§ 9347 Uses Permitted.

A. 
Any use permitted as a matter of course in the C-1 Zone under the same specified conditions.
[Amended by Ord. 307]
B. 
Retail stores, shops and businesses, including but not specifically limited thereto, the following:
[Amended by Ord. 278; Ord. 2014-3]
1. 
Amusement rides in connection with a use herein permitted for not longer than 5 days on any one parcel in any six-month period, provided they are not located within 200 feet of any public park, or school area, or any residential zone, and provided further that a permit has first been obtained from the City Council pursuant to Section 6309.(g).
2. 
Automobile sale, new and used.
3. 
Automobile repair garage, not including body and fender work or auto painting.
4. 
Domestic Animal Boarding. These facilities (e.g., dog and cat day care) may keep domestic animals in their care during all 24-hours daily, 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 operational noise levels generated shall not exceed 65 dbA at any adjoining property line.
[Added by Ord. 2021-8]
6. 
Equipment rental, light, not exceeding 1,000 pounds gross weight per unit.
7. 
Garage, public parking.
8. 
Internet Access Studios.
[Added by Ord. 2021-8]
12. 
Mortuary.
13. 
Reverse Vending Machines. Reverse Vending Machines for cell phones and similar small electronic devices.
[Added by Ord. 98-9; amended by Ord. 2021-8]
C. 
Restrictions on Certain Uses. Notwithstanding the foregoing, the following uses are permitted provided that said use or the parking facilities thereof are located more than two hundred feet from the boundaries of any land zoned for residential use:
1. 
Bars, cocktail lounges, or any establishment offering alcoholic beverage for sale for consumption on the premises.
[Added by Ord. 451; amended by Ord. 2014-3; Ord. 2015-5]
D. 
Uses Permitted Subject to Conditional Use Permit. The following uses are permitted provided that in each instance a conditional use permit has been obtained and continues in full force and effect:
1. 
Any use specified in Section 9347.C located less than two hundred feet from the boundaries of any land zones for residential use where by reason of special circumstances and imposition of conditions, the public health, safety and welfare in the surrounding residential properties are protected.
[Added by Ord. 451]
2. 
Reverse Vending Machines and Small Collection Facilities.
[Added by Ord. 87-6]
(a) 
Purpose. The City hereby finds that the establishment of recycling facilities, unless subject to the procedures and conditions provided in this Subsection, can adversely affect the surrounding properties. The City finds that the number of recycling facilities concentrated at thoroughfare intersections, if not regulated, 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 further finds that the establishment of certified recycling facilities without regulation and control may be detrimental to public health, safety, and welfare in that the same could become unsightly, noise producing, and odorous; promote vandalism and littering; and generally impair or depreciate the benefits of occupancy and use of surrounding and adjoining properties, thereby producing degeneration of property in such areas, with attendant conditions of deterioration affecting the public health, safety, comfort and general welfare. It is the purpose of this Subsection to specify regulations and controls to site certified recycling facilities within the City in order to prevent the above and other harmful effects and to promote the public convenience and welfare.
(b) 
Criteria and Standards. The criteria and standards for Reverse Vending Machines and Small Collection Facilities are the following:
(1) 
Each shall be established in conjunction with a commercial use which is in compliance with the zoning, building and fire codes of the City of Lakewood.
(2) 
Each shall not obstruct pedestrian or vehicular circulation; small collection facilities shall be located to the rear whenever possible.
(3) 
Each shall be maintained in a clean, litter-free condition at all times.
(4) 
Reverse vending machines shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions; small collection facilities shall be limited to one (1) identification sign, with a maximum of sixteen (16) square feet. Signs shall not be illuminated.
(5) 
Each shall be located to minimize the loss of parking spaces; however, no more than four (4) parking spaces shall be occupied; small collection facilities shall be no larger than 500 square feet and occupy no more than four (4) parking spaces.
(6) 
Each shall provide suitable landscaping or screen walls; small collection facilities shall use no power-driven processing equipment except for Reverse Vending Machines.
(7) 
Each shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule.
(8) 
Each facility shall store all recyclable material in containers and shall not leave materials outside of containers when attendant is not present.
(9) 
Each facility shall not exceed noise levels of 60 dBA, as measured at the property line of residentially zoned or occupied property.
(10) 
Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 7:00 a.m. and 7:00 p.m.
(11) 
Containers or units shall be clearly marked to identify the type of material which may be deposited, and operating instructions; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operations, and display a notice stating that no material shall be left outside the recycling enclosure or containers.
(c) 
Development Review Board Approval. All applications for permits for Reverse Vending Machines and small Collection Facilities shall be approved by the Development Review Board prior to a public hearing for a Conditional Use Permit.
(d) 
Parking. If by reason of the installation and maintenance of a facility requiring a Conditional Use Permit hereunder, the parking requirements of Section 9490 are not met, the Planning and Environment Commission may find and determine that the parking requirements of Section 9490, under the conditions imposed, are satisfied.
(e) 
Number of Reverse Vending Machines and Small Collection Facilities Within Convenience Zones. There shall be no more than three (3) reverse vending machines and/or small collection facilities within a convenience zone, one of which must be a State Certified Recycling Center.
(f) 
Expiration of Permits. In the event that a recycling center is vacated, abandoned, or suspended, all structures, vehicles, trailers, and/or units shall be removed from the premises within a period of thirty (30) days following the vacation, abandonment or suspension of said premises. Non-compliance with this section may be abated as a public nuisance in accordance with Chapter 3 of Article IV of this Code.
3. 
Service stations subject to the same limitation and conditions provided in Zone C-1.
[Added by Ord. 534]
4. 
Limited processing and bottling of milk, when incidental to drive-in dairies.
[Added by Ord. 567]
5. 
Indoor commercial recreation, provided the following additional conditions and standards are met and maintained at all times:
[Added by Ord. 81-14]
(a) 
The use shall be conducted entirely within a building.
(b) 
No use shall be maintained with an outside door within five hundred feet of a lot line of any church, public or private school, or library.
[Amended by Ord. 82-5]
(c) 
No premises shall be open to the public unless one (1) or more adult attendants or supervisors are present during all hours of operation.
(d) 
Reasonable conditions may be imposed restricting the hours of operation so as to protect the public health, safety and welfare, and surrounding property and uses.
(e) 
Reasonable conditions pertaining to both the construction of the facility and its maintenance may be imposed so as to minimize the effect of noise, congregation, parking, and other factors generated by the use detrimental to the public health, safety and welfare, or the surrounding community.
(f) 
Such other conditions may be imposed as necessary in order to preserve the public peace, health, safety and welfare, and the surrounding community.
6. 
Drive-in or Drive-thru Restaurants.
[Added by Ord. 88-5]
7. 
Theater, within a building, provided that the following additional conditions and standards are met and maintained at all times:
[Added by Ord. 88-5]
(a) 
The lot or integrated commercial center in which the theater is located shall have a minimum lot area of five (5) acres.
(b) 
Reasonable conditions may be imposed restricting the hours of operation so as to protect the public health, safety and welfare, and surrounding property and uses.
8. 
Check Cashing Business. Provided the integrated commercial center in which said check cashing business is located is a minimum of three (3) acres in lot area.
[Added by Ord. 93-3]
9. 
Coin-Operated Amusement Devices exceeding ten (10) in number where located within a theater, bowling alley, carwash, cafe, or restaurant, bar, cocktail lounge, or any place offering alcoholic beverages for consumption on the premises.
[Added by Ord. 98-9]
10. 
Commercial Carwash. Any commercial carwash that was approved with a conditional use permit prior to and that was valid on the effective date of this Ordinance, shall remain as a fully authorized land use. A valid previously approved carwash shall not be subject to Part 9 of Article IX of the Lakewood Municipal Code, commencing with Section 9390, relating to Nonconforming Buildings and Uses. A valid previously approved carwash shall be allowed to submit amendments to the approved conditional use permit to modify the previously approved carwash, subject to the review and discretion of the Planning and Environment Commission. The review of any proposed revised design shall consider and mitigate any identified impacts to adjacent properties, including those from noise, light, glare, vibration, parking, circulation and appropriate stacking distance for access lanes.
No new carwash facility offering hand and/or mechanical washing shall be approved in the C-3 zone at any time following the effective date of this section. This prohibition includes any self-serve or full-service commercial washing, detailing, waxing, or cleaning of vehicles.
[Added by Ord. 2015-5; amended by Ord. 2018-6]

§ 9347.1 Limitations on Uses Permitted.

Every use permitted in a C-3 zone shall be subject to the conditions and limitations set forth in Section 9341, with the following exception:
A. 
Building Height. In the C-3 zone, no building shall exceed a height of six (6) stories or eighty-five (85) feet, whichever is the lesser.

§ 9348 Front Yard.

When property classified as C-3 comprises a part of the frontage in a block on one side of a street between intersecting streets or alleys and the remainder of the frontage in the same portion of the block between such intersecting streets or alleys is classified for "R" purposes, the front yard of such property shall conform to the front yard requirements of said "R" zone.

§ 9348.1 Side Yards.

Property in a C-3 zone need provide no side yards.

§ 9348.2 Rear Yard.

[Amended by Ord. 86-14]
Property in the C-3 zone need provide no rear yard setback, except when the rear yard of C-3 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.