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Lovington City Zoning Code

CHAPTER 17

28 "C" COMMERCIAL DISTRICT

17.28.010 Regulations-In general.

   The regulations set forth in this chapter, or set forth elsewhere in this title and referred to in this chapter are the regulations in the "C" commercial district. (Prior code § 11-3-3 (a))

17.28.020 Permitted uses.

   A building or premises shall be used for the following purposes:
   A.   Any use permitted in the "A" or "B" districts;
   B.   Advertising signs and billboards not exceeding forty square feet in area when attached to a building and not extending more than one foot from the surface of the building pertaining to the character, type, ownership or occupancy of the building or its contents;
   C.   Amusement place or theaters; provided, however, that no theater shall be erected or reconstructed unless there is provided on the same lot, or within three hundred feet thereof, a space for off-street parking which contains an area adequate to accommodate one automobile for every five seats in the theater;
   D.   Trailer and tourist camps or courts; provided, however, that all yard and interior court regulations of the "B" multiple dwelling district are complied with; and provided further, that there shall be no more than one trailer or one tourist camp unit for each one thousand square feet of lot area. Any building used primarily for any of the above enumerated purposes may have not more than forty percent of the floor area devoted to industry or storage purposes incidental to such primary use; provided, that not more than ten employees shall be engaged at any time on the premises in any such incidental use. (Prior code § 11-3-3 (b)(1-4))

17.28.030 Prohibited uses.

   A building or premises may be used for any other purpose except the following:
      1.   Acetylene gas manufacture or storage;
      2.   Acid manufacture;
      3.   Alcohol manufacture;
      4.   Ammonia, bleaching powder or chlorine manufacture;
      5.   Arsenal;
      6.   Asphalt manufacture or refining;
      7.   Auto wrecking and wrecked auto storage;
      8.   Blast furnace;
      9.   Bag cleanings;
      10.   Boiler works;
      11.   Brick, tile, pottery or terra cotta manufacture, other than the manufacture of handicraft products only;
      12.   Cement, lime, gypsum or plaster of paris manufacture;
      13.   Central mining plant for cement mortar, plaster or paving materials;
      14.   Coke ovens;
      15.   Creosote manufacture or treatment;
      16.   Disinfectants manufacture;
      17.   Distillation of bones, coal or wood;
      18.   Dyestuff manufacture;
      19.   Explosives or fireworks manufacture or storage;
      20.   Fat rendering;
      21.   Fertilizer manufacture;
      22.   Forge plant;
      23.   Garbage, offal or dead animal reduction or dumping;
      24.   Gas manufacture or storage;
      25.   Glue, size or gelatine manufacture;
      26.   Iron, steel, brass or copper foundry or fabrication plant;
      27.   Junk, iron or rags storage or bailing;
      28.   Oil cloth or linoleum manufacture;
      29.   Oiled rubber goods manufacture;
      30.   Ore reduction;
      31.   Paint, oil, shellac, turpentine or varnish manufacture;
      32.   Paper and pulp manufacture;
      33.   Petroleum or its products, refining or wholesale storage of;
      34.   Planing mills;
      35.   Rock crusher;
      36.   Rolling mills;
      37.   Rubber or gutta-percha manufacture or treatment;
      38.   Shoe polish manufacture;
      39.   Smelting of tin, copper, zinc or iron ores;
      40.   Soap manufacture other than liquid soap;
      41.   Stockyard or slaughter of animals or fowl;
      42.   Stone mill or quarry;
      43.   Tallow, grease or lard manufacture or refining from, or of, animal fat;
      44.   Tanning, curing or storage of raw hides or skins;
      45.   Tar distillation or manufacture;
      46.   Tar roofing or waterproofing manufacture;
      47.   Vinegar manufacture;
      48.   Wool pulling or scouring;
      49.   Yeast plant;
      50.   Cotton gin or storage;
      51.   And, in general, those uses which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, vibration or noise. (Prior code § 11-3-3 (b) (5))

17.28.040 Parking regulations.

   A.   The parking regulations for dwellings are the same as those in the "B" multiple dwelling district.
   B.   New commercial buildings shall provide permanent space on the lot in the ratio of one parking space for each eight hundred square feet of floor space in the building; provided, however, that two or more establishments may provide necessary parking space upon a single parcel of land within three hundred feet of the establishment. (Prior code § 11-3-3 (c))

17.28.050 Height restrictions.

   No building shall exceed two and one-half stories or thirty-five feet in height except as otherwise provided in Section 17.16.030 of this tide. (Prior code § 11-3-3 (d)

17.28.060 Front yard.

   Where all the frontage on one side of a street between two intersecting streets is located in the "C" commercial district, no front yard shall be required. Where the frontage on one side of the street between two intersecting streets is located partly in the "C" commercial district and partly in a dwelling district, the front yard requirements of the dwelling district shall apply to the "C" commercial district. (Prior code § 11-3-3 (e) (1))

17.28.070 Side yard.

   The side yard regulations for dwellings are the same as those in the "B" multiple dwelling districts. In all other cases, a side yard is not required except:
   A.   On the side of a lot adjoining a dwelling district, in which case there shall be a side yard of not less than five feet; provided, however that if a side yard is provided where not required, it shall not be less than two and one-half feet in width;
   B.   On the street side of a corner lot that rears upon a dwelling district, in which case, there shall be a side yard of not less than five feet. (Prior code § 11-3-3 (e) (2))

17.28.080 Rear yard.

   A.   Where the lot abuts an alley, no rear yard shall be required for one story buildings.
   B.   Where the lot abuts an alley, a rear yard of ten feet shall be provided for the two story parts of buildings.
   C.   Where the lot does not abut an alley, there shall be a rear yard having a depth of not less than twenty feet, unless the lot is a lot of record on or before February 12, 1971 and is less than one hundred feet in depth, in which case, the rear yard need not exceed twenty per cent of the depth of the lot. (Prior code § 11-3-3 (e) (3))

17.28.090 Interior court

   All interior courts shall have a width equal to at least the height of the highest part of the building forming the court. (Prior code § 11-3-3 (e) (4))

17.28.100 Intensity of use.

   The intensity of use regulations shall apply to living facilities above stores or other commercial uses as well as to residential buildings, and every lot shall provide an area of not less than one thousand square feet per family. (Prior code § 11-3-3 (e) (5))