Article 39 — Commercial Transition Zone (C-T)

The Commercial Transition (C-T) Zone is established to provide for compatible transition between certain areas where industrial uses abut commercial and/or residential uses. (Ord. 421, § 1)

Premises used in the Commercial Transition (C-T) Zone may be used for the following principal uses:

(a) Any use permitted as a principal use in the General Commercial (C-G) Zone. (Ord. 421, § 1)

Premises in the Commercial Transition (C-T) Zone may be used for the following purposes provided a conditional use permit has first been obtained pursuant to the provisions of Article 17 of this chapter.

• (a) Any use permitted subject to a conditional use permit in the General Commercial (C-G) Zone;

• (b) Any use permitted as a principal use in the Light Manufacturing and Industrial (M-1) Zone, except no such use shall be permitted within the commercial setback area, as defined in Section 9-2.3904(a) of this article;

• (c) Any use permitted subject to a conditional use permit in the Light Manufacturing and Industrial (M-1) Zone, except no such use shall be permitted within the commercial setback area, as defined in Section 9-2.3904(a) of this article;

(d) Athletic studios.

(Ord. 421, § 1; Ord. 684, § 7; Ord. 10-755, § 10)

Premises in the Commercial Transition (C-T) Zone may be used for the temporary uses set forth in Section 9-2.4002 of Article 40 of this chapter subject to approval of a temporary use permit pursuant to Article 40 of this chapter.

(Ord. 13-795, § 17)

Premises in the Commercial Transition (C-T) Zone shall be subject to the following development standards in addition to those standards set forth in Articles 6 through 15 and 32 of this chapter.

• (a) Commercial Setback Area .

  • (1) The commercial setback area is that portion of the Commercial Transition (C-T) Zone which is 250 feet in depth and is located to the north of, and immediately adjacent to, the northerly

edge of the Artesia Boulevard right-of-way, and which extends from the easterly to the westerly boundaries of the Commercial Transition (C-T) Zone. However, the depth of the commercial setback area shall be reduced to the depth of those lots with lot frontage along the northerly edge of the Artesia Boulevard right-of-way which are at least 130 feet in depth but less than 250 feet in depth.

• (2) Except for existing industrial uses, only uses which are principal uses or uses permitted subject to a conditional use permit in the General Commercial (G-C) Zone shall be permitted within the commercial setback area. No new use which is a principal use or use permitted subject to a conditional use permit in the Light Manufacturing and Industrial (M-1) Zone shall be permitted within the commercial setback area.

• (b) Nonconforming Uses: Continuance . Any manufacturing or industrial use lawfully in existence on March 14th, 1988, and for which no conditional use permit has been granted, shall assume the status of a legal nonconforming use and may be continued indefinitely, unless declared abandoned as set forth in Subsection (c) of this section. Additions or expansions of such uses may be made subject to obtaining a conditional use permit therefor.

• (c) Termination by Discontinuance or by Substitution . If any nonconforming use, as defined in Subsection (b) of this section, is closed, vacated, abandoned, or not operated for a period of six months, any legal permit in effect at the end of such six month period shall become null and void and the status of the premises as a legal nonconforming use shall be terminated. A substitution or change of the use of the premises shall constitute a vacated or abandoned use.

• (d) Trash Enclosures . All new developments or modifications to existing developments in the Commercial Transition (C-T) Zone shall provide a trash enclosure area that complies with all of the following criteria:

  • (1) The trash enclosure shall either be incorporated into the interior of the building or be constructed outside of the building and be constructed of decorative block walls at least six feet in height. The block walls shall be constructed with or composed of split face, slump stones, stucco finish or other similar materials, and the exterior walls of the trash enclosure shall be screened with either creeping vines or shrubs.

  • (2) The trash enclosure shall include solid screened gates, which shall remain closed at all times other than as necessary for ingress and egress to the trash container.

• (3) The trash enclosure area shall be constructed with a solid roof structure and provide for downspouts that direct water runoff towards a landscaped area.

  • (4) All trash containers shall be placed within the trash enclosure area, and the trash enclosure area shall be kept clean and free of debris and maintained properly.

  • (5) The trash enclosure area shall provide a six inch raised curb along the inside of the trash enclosure, except across the opening of the trash enclosure area.

  • (6) If an adjacent property is utilized or zoned for residential purposes, trash enclosures shall be set back a minimum of 10 feet from the property line abutting the adjacent property.

  • (7) All trash enclosure areas shall comply with the City's Storm Water Management and Discharge Control Ordinance and the City's NPDES (National Pollution Discharge Elimination System) permit, as amended from time to time, and as determined by the City Engineer.

• (Ord. 421, § 1; Ord. 684, §§ 8, 9; Ord. 07-723, § 11)