Lawndale City Zoning Code
CHAPTER 17
36 GENERAL ZONING DISTRICT REQUIREMENTS
§ 17.36.010 Purpose.
It is declared that in the creation by this chapter of the respective zones set forth herein, the city council has given due and special consideration to the peculiar suitability of each and every such zone herein created for the particular uses enumerated therefor, the area requirements, density of land occupancy, and the necessary, proper and comprehensive groupings and arrangements of the various industries, businesses and population of the city and in relation with established plans in the city in accordance with a well-considered general plan of land use for the development of the entire city.
(Prior code § 3-1-A-1)
§ 17.36.020 Compliance required.
A person shall not use or cause or permit to be used any building, structure, improvement, or premises located in any zone described in this chapter contrary to the provisions of this chapter.
(Prior code § 3-1-A-2)
§ 17.36.030 Authorized inspection-Permission or warrant required.
Any inspection or investigation of any premises, building, or structure suspected of being in violation of this chapter shall be conducted after obtaining either permission for entry or an inspection warrant pursuant to procedures required by California Code of Civil Procedure, Title 13.
(Prior code § 3-1-A-3; Ord. 912-02 § 4)
§ 17.36.040 Moving buildings-Restrictions.
No building or structure shall be moved from one lot or premises to another unless such building or structure shall thereupon be made to conform to all the provisions of this chapter relative to buildings or structures hereafter erected upon the lot or premises to which such building or structure shall have been moved, and shall be made to conform to the general character of the existing buildings in the neighborhood or better.
(Prior code § 3-1-A-4)
§ 17.36.060 Completion of buildings under construction.
Nothing in this chapter contained shall be deemed or construed to prevent the completion of any building or structure which is under construction at the effective date of the ordinance codified in this chapter, or any amendment thereof, or for the construction for which a valid building permit is in force, in the event that such construction or the proposed use of such building or structure is not at said date in violation of any other ordinance or law, and in the further event that such building or structure is completed within one year from such date.
(Prior code § 3-1-A-6)
§ 17.36.100 Home occupations-Permit required.
Home occupations are not permitted in any zone in the city unless a valid home occupation permit has been issued as provided for in this chapter. "Day care home occupation permits," as set forth in Section 17.36.130, shall be required for "large family day care homes" as defined in Section 17.48.055.
(Prior code § 3-1-A-9 (b); Ord. 945-04 § 2)
§ 17.36.110 Home occupations-Conditions for permit approval.
Home occupation permits shall be issued by the city, after approval of the director upon payment of a fee as established by city council resolution provided that the following conditions are met:
A.
That there be no alteration in the residential character of the premises in connection therewith;
B.
That no more than one hundred fifty square feet of the premises be so occupied and used; such one hundred fifty square feet must be within the dwelling or a fully enclosed accessory building and may not occupy required parking area;
C.
That no motor other than electrically operated motors shall be used in connection therewith, and that the total horsepower of such motors shall not exceed one-half horsepower in all;
D.
That no merchandise or articles shall be displayed for advertising purposes;
E.
That no merchandise or articles pertaining to such home occupation shall be stored other than in the one hundred fifty square feet allotted to such home occupation other than in approved vehicles;
F.
That no assistants shall be employed in connection therewith;
G.
That no sign or advertising device relative thereto shall be displayed on the premises other than on approved vehicles;
H.
That the use will not generate pedestrian or vehicular traffic substantially greater than traffic normal to the neighborhood in which it is located nor require the use of additional off-street parking facilities;
I.
That no vehicles, including delivery vehicles, in excess of one ton rating be utilized in connection therewith and that no such approved vehicles be painted, designed, decaled or have thereon any writing, such as to make reference to the home occupation unless approved by the planning commission;
J.
That no use of utilities or community facilities shall occur beyond that reasonable to the use of the property for residential purposes;
K.
That no home occupations shall be permitted when the same is objectionable due to noise, dust, smoke, odor, poisons, toxic substances, flammability, or other causes.
(Prior code § 3-1-A-9 (c))
§ 17.36.120 Home occupations-Grounds for permit denial.
Issuance of a home occupation permit may be denied upon a finding by the city's representative that the issuance of such a permit will be detrimental to the health, safety or welfare of the citizens of the city or is otherwise violative of the spirit and purpose of the zoning ordinance and its application to the subject premises and surrounding neighborhood. An existing zoning, building code or municipal code violation may be cause for denial.
(Prior code § 3-1-A-9 (d))
§ 17.36.130 Day care home occupations-Conditions for permit approval.
Day care home occupation permits, for the operation of a "large family day care home" as defined in Section 17.48.055, shall be issued by the city, after approval of the director of community development, upon payment of a fee as established by city council resolution provided that the following conditions are met:
A.
There is no alteration in the residential appearance of the premises in connection with the use;
B.
That the property owners within five hundred feet of the subject property have been notified of the proposed large family day care home at least ten days prior to filing a request for approval with the city. The city shall approve the form and content of the notice;
C.
That no merchandise or articles shall be displayed for advertising purposes;
D.
No sign or advertising device relating thereto shall be displayed on the premises;
E.
That no sign or advertising device relative thereto shall be displayed on the premises other than on approved vehicles;
F.
The use shall comply with the noise element of the city's general plan applicable to residential properties;
G.
Adequate parking is available for the loading and unloading of children from vehicles;
H.
That no use of utilities or community facilities shall occur beyond that reasonable to the use of the property for residential purposes;
I.
If the operator has more than one assistant who will be parking a vehicle at the day care home during operating hours, parking for each additional assistant with a vehicle shall be provided on the site;
J.
That any use of street parking by the applicant, a nonresident employee or persons who utilize applicant's services comply with all traffic laws and posted parking restrictions. Double parking is prohibited. Repeated traffic violations by persons that utilize services of the large family day care home in connection with the pick-up or drop-off of children at the day care home shall be grounds for revocation of the day care home permit;
K.
Applicant shall distribute a notice of loading and unloading procedures to all persons that utilize services of the large family day care home. The public sidewalk and/or right-of-way shall not be blocked while completing the loading and unloading process. The applicant shall require all persons that utilize services of the large family day care home to adhere to these rules.
(Ord. 945-04 § 3)
§ 17.36.140 Day care home occupations-Grounds for permit denial.
Issuance of a day care home occupation permit may be denied upon a finding by the city's representative that the issuance of such a permit will be detrimental to the health, safety or welfare of the citizens of the city or is otherwise violative of the spirit and purpose of the zoning ordinance and its application to the subject premises and surrounding neighborhood. An existing zoning, building code or municipal code violation may be cause for denial.
(Ord. 945-04 § 4)
§ 17.36.150 Revocation.
A.
A large family day care permit may be revoked by the director of community development if any one of the following findings can be made:
B.
The director of community development shall notify the permit holder in writing of the pending revocation and state specifically the grounds upon which the revocation would be based.
1.
In the event the grounds stated for the revocation are not corrected within thirty calendar days after notice by mail to the permit holder, the permit shall be revoked.
2.
The director of community development may extend the thirty-day period if the permit holder demonstrates that substantial and good faith action has been taken to correct the deficiencies cited in the notice of pending revocation.
C.
The decision of the director of community development to revoke a permit can be appealed by the permittee to the city council. An appeal shall be processed as follows:
1.
Filing an Appeal. A permittee desiring to appeal the determination of the director of community development shall file a request for an appeal with the city clerk no later than fifteen days following the determination, and shall pay a filing fee as the city council may establish from time to time by resolution. The written request shall contain: (1) the name and address of the applicant; (2) the date of the decision in question; (3) the reasons for the hearing; (4) the grounds relied upon for relief.
2.
Scheduling the Appeal. The city clerk shall place the appeal on the agenda of the next regular meeting of the city council for which the legal requirement for the posting of the agenda items can be met. Notice of the time and place of the hearing shall be mailed to the applicant no later than ten days prior to the date set for hearing. The notice shall specify the grounds for the proposed revocation. The notice may also designate certain records of the applicant required to be produced at the time of the hearing.
3.
City Council Hearing. The city council shall be provided with the grounds of complaint against the permittee and the basis for the determination to revoke the permit. The permittee shall be provided an opportunity to present information to the council in writing or in person in opposition to the revocation determination. The council may continue the appeal hearing from time to time.
(Ord. 945-04 § 5)
§ 17.36.190 Flood control easements-Obstruction prohibited.
A.
A person shall not place or cause to be placed in the channel or bed of any river, stream, wash, or arroyo, or upon any property over which the Los Angeles County flood control district has an easement for flood control purposes duly recorded in the office of the county recorder of Los Angeles County, any wires, fence, building or other structure, or any rock, gravel, refuse, rubbish, tin cans or other matter which may impede, retard, or change the direction of the flow of water in such river, stream, wash or arroyo, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream and flood-waters would carry the same downstream to the damage or detriment of either private or public property adjacent to such river, stream, wash, arroyo or channel.
B.
This section does not supersede or modify the provisions of any other ordinance.
(Prior code § 3-1-A-11)
§ 17.36.200 Fencing required.
A minimum six-foot high chain link fence shall be installed around a construction site prior to demolition or construction on the site and shall remain in place continuously until completion of construction, unless otherwise approved by the director of community development. No building permits shall be issued unless said fence is already installed and verified by the planning and building department. Two gated entrances six feet in height shall be permitted along the perimeter for grading and construction vehicles. If at any time after issuance of the building permit inspection reveals that damage to fence creates a safety hazard, the city reserves the right to immediately barricade and/or repair such damage. Cost for such repair shall be assessed against the owner of the property. No such lots may be assessed unless the city complies with the procedures provided in Chapter 99 of the Los Angeles County Building Code.
(Prior code § 3-1-A-12; Ord. 532-86 § 1)
§ 17.36.210 Publicly owned property.
A.
Approval of Acquisition. When the commission pursuant to the California Government Code, approves the acquisition of any square, park or other public ground or open space by any public entity, it may in its approval designate for what purpose such property may be used.
B.
Use. When the commission so approves such acquisition, such property may be used for any use designated pursuant to this section by the commission in addition to those uses permitted in the zone in which such property is located.
(Prior code § 3-2-H-2)
§ 17.36.220 Temporary storage of construction materials.
A.
Property in any zone may be used for the storage of materials and equipment used in the construction of structures on the same or adjacent property and/or for the contractor's temporary office needed in connection with any such construction. Such storage and/or temporary office shall only be permitted during the period of construction and for sixty days following substantial completion of such construction. All property so used shall comply with the following:
1.
Adjacent sidewalks shall be either fenced off, if part of the construction project, or kept clear and clean of trash, dirt, debris or other materials if not a part of the construction project.
2.
All adjacent public streets and alleys shall be kept free of trash, dirt, debris or other materials.
3.
All dirt on the site shall be watered as necessary to prohibit fugitive dust.
4.
The storage of dirt or construction materials shall not exceed six feet in height from the existing surface of the property, and shall not be located closer than five feet to the adjacent property line(s).
5.
No mechanical equipment shall be operated on the property before seven a.m. or after six p.m., Pacific Time.
6.
No deliveries or pick up of supplies or materials shall be made at the property before seven a.m. or after six p.m., Pacific Time.
7.
The property and any adjacent parkway areas shall remain clear of trash, dirt and debris and all such trash, dirt and debris shall be placed and maintained in roll-off bins, dumpsters, trash barrels or other similar containers.
8.
Amplified audio equipment which exceeds a sound level of fifty-five dBA as measured at the property line is prohibited on the property at all times.
9.
Fencing shall be installed adjacent to public rights-of-way, other than a public alley, to be of solid or chain link type with wood slat inserts, or equivalent screening approved by the community development director or designated representative.
10.
The property shall be restored to the same or an improved condition to that which existed prior to the contractor's use for the temporary office and/or storage of materials and equipment.
B.
Failure to comply with the conditions in this section or such other reasonable conditions deemed necessary by the city building inspector, for the peace and protection of the adjacent properties, is deemed a nuisance, and may result in the issuance of a stop work order until such nuisance is abated.
C.
The city manager, or designated representative, may waive any of the above conditions in the event of locally declared state of emergency.
(Ord. 766-94 § 2)
§ 17.36.230 Temporary storage-City construction materials and other public agency construction materials.
A.
Property in any zone may be used for the storage of materials, equipment and/or for a contractor's temporary office for any city construction project and/or other public agency construction projects where at least eighty percent of such construction is to be performed within the boundaries of the city. Such storage and/or temporary office shall only be permitted during the period of construction and sixty days following substantial completion of such construction.
B.
A permit for the use of private property for the temporary storage of materials, equipment, and for the contractor's temporary office, for any construction project undertaken by a public agency, other than the city, shall be obtained from the community development department, prior to the use of any such property.
C.
The city manager, or designated representative, may impose such conditions upon the contractor, as are necessary to ensure that the public health, safety and welfare are protected during the temporary use of such property.
(Ord. 766-94 § 3)
§ 17.36.240 Construction information sign requirement.
A.
When building permits are issued for demolition, the construction of new structures, or additions to structures that exceed fifty percent, the department of community development shall also provide the permittee with a construction information sign.
B.
The sign shall, at a minimum, contain the following information: the address of the developer, a description of the approved work, the permit number, relevant construction regulations and contact phone numbers for the developer, city hall and municipal services. The community development director may add content to such signs.
C.
All permittees shall post the construction information sign on the construction fence in a location accessible and visible to the public in a manner approved by the director of community development. Should any construction information sign be lost or damaged in a manner which obscures any of its text, the builder shall immediately request the preparation of a new construction information sign from the community development department.
D.
The initial construction information sign shall be issued without charge. For the purpose of partially defraying the expense involved in producing replacement signs, any replacement sign shall require the payment of a fee in an amount set by resolution of the city council.
(Ord. 989-07 § 1; Ord. 1020-09 § 15)
§ 17.36.270 Smoking lounges-Prohibited.
The establishment of a smoking lounge by an existing business or in any location within the city is prohibited.
No special use permit, variance, building permit, or other entitlement for use shall be accepted, processed, approved or issued for the establishment or operation of, and no person shall otherwise establish, a "smoking lounge," as defined in Section 17.08.020 of the Lawndale Municipal Code.
(Ord. 1015-08 § 2)