Ordinance No. 975
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ORDINANCE NO. 975
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AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF VERNON ADOPTING THE DRAFT OF THE
COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF VERNON DATED OCTOBER 1987, MAKING
FINDINGS WITH RESPECT THERETO, DECLARING THE
URGENCY THEREOF, AND THAT IT WILL TAKE IMMEDIATE
EFFECT
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WHEREAS, the City Council of the City of Vernon adopted
7 the General Plan on September 3, 1974, and adopted Zoning Or-
8 dinance No. 856 effective August 1, 1975: and
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WHEREAS, the City has been in the process of revising
10 said General Plan and Zoning Ordinance, revised drafts of w4ich
11 were prepared in January, 1988: and
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WHEREAS, the City Council pursuant to Resolution No.
13 5469 dated March 1, 1988, requested a six-month I s extension of
14 time from the Office of Planning and Research of the State of
15 California in order to complete the revision of the General Plan:
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WHEREAS, the Office of Planning and Research by letter
18 dated March 28, 1988, granted a six-month's extension for prepar-
19 ing said general plan revision on the condition that all discre-
20 tionary land use projects approved by the City of Vernon shall be
21 "consistent with the proposed Vernon general plan": and
22 WHEREAS, the present Zoning Ordinance is not consistent
23 with the Proposed General Plan, and if discretionary land use
24 projects are adopted pursuant to the present Zoning Ordinance,
25 they could conflict with the Proposed General Plan: and
26 WHEREAS, Government Code Section 65860 requires that the
27 Zoning Ordinance be consistent with the General Plan and makes
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provision for an action in the Superior Court to enforce said
compliance: and
WHEREAS,
California Government Code Section 65858
authorizes adopting, as an urgency measure, an interim ordinance
for 45 days (subject to an extension after a public hearing>
prohibiting any uses which may be in conflict with a contemplated
general plan which the legislative body is considering or study-
ing or intends to study within a reasonable time: and
WHEREAS, the Comprehensive Zoning Ordinance dated
October, 1987, conforms to the Proposed General Plan and
prohibits any and all uses which conflict with the Proposed
General Plan: and
WHEREAS, adoption of said Comprehensive Zoning Ordinance
is necessary to protect the public safety, heal th, and welfare
and failure to do so would endanger the present and future
character of property, of property values, of transportation and
street access, would endanger the lives and the quality of life
of residents, travelers, and employees within the City of Vernon,
would interfere with the orderly study of the Proposed General
Plan and applicable zoning alternatives and uses, and would leave
the City of Vernon open to the threat of litigation to force the
City to conform its zoning to said Proposed General Plan.
THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS
FOLLOWS:
SECTION 1: Findings.
The City Council of the City of Vernon hereby finds and
determines that the recitals contained hereinabove are true and
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correct.
SECTION 2: Intent and Purpose.
The Comprehensive Zoning Ordinance which is specifically
entitled, "Draft, Comprehensive Zoning Ordinance, City of Vernon"
prepared by Cotton/Beland Associates, Inc., dated October, 1987,
a copy of which is attached hereto and made a part hereof by
reference, is hereby enacted as the Interim Zoning Ordinance for
the City of Vernon for a minimum period of forty-five days sub-
ject to being extended for a longer period of time in accordance
with the provisions of Government Code Section 65858.
SECTION 3: Violation.
Violation of this Ordinance or any part hereof is
punishable by a fine of not more than Five Hundred Dollars
($500), or by imprisonment in the County Jail for a period of not
more than six (6) months, or by both such fine and imprisonment.
Each day or any portion thereof during which any violation of any
provision of this Ordinance is committed, continued or permitted,
constitutes a separate and individual offense.
SECTION 4: Severability.
If any provision or clause of this Ordinance or the ap-
plication thereof to any person or circumstances is held invalid,
such invalidity shall not affect other provisions or applications
of this Ordinance which can be carried out without the invalid
provision or application, and to this end the provisions of this
Ordinance are declared to be severable.
SECTION 5: Declaration of Urgency.
This Interim Zoning Ordinance is in contemplation of an
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amendment to the Vernon Municipal Code, Appendix IV, Zoning Or-
dinance and to the City of Vernon General Plan, and the City
Council of the City of Vernon finds that it is urgently required
to protect the public safety, health and/or welfare, and that,
absent such an interim ordinance, there would be an immediate
threat to the public health, safety, and/or welfare and that the
ordinance is further necessary to preserve and protect the lives
and quality of life of residents, employees, and travelers, the
present and future character of property, and the value of
property, is necessary to avoid litigation and its expense, and
is necessary to permit the orderly preparation and implementation
of the Proposed General Plan and the proper and necessary zoning
amendments and controls.
SECTION 6: Additional Findings.
A current and immediate threat to the public health,
safety and welfare, exists in that the approval of additional
subdivisions, rezonings, land use permits, variances, building
permits or any other applicable entitlement for use pursuant to
the City of Vernon's current Zoning Ordinance would conflict with
the 6-month extension granted to the City of Vernon by the Office
of Planning and Research which requires that all such uses be
consistent with the Proposed General Plan.
SECTION 7: Conflicts. Any ordinance,
dinances, resolutions, or parts of resolutions,
or parts of or-
that are in con-
flict with this Ordinance, are hereby superseded during the pen-
dency of this Ordinance.
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SECTION 8: Notice.
There being no newspaper printed, published or circu-
lated in the City of Vernon, the City Clerk is hereby directed to
certify to the passage of this Ordinance and shall post the same,
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or cause the same to be posted, in three (3) of the most public
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places in the City of Vernon, to wit:
the northwest corner of
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38th Street and Santa Fe Avenue, the northeast corner of Leonis
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Boulevard and Pacific Boulevard, and on the bulletin board in the
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lobby of the City Hall of said City, located at 4305 Santa Fe
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Avenue, all in the City of Vernon, County of Los Angeles, State
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of California.
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SECTlON 9: Effective Date.
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This ordinance shall take effect immediately upon its
passage and shall be in effect for a period of time not to exceed
that specified in Government Code Section 65858.
This Ordinance
may be extended by resolution or ordinance of the City Council
for the terms prescribed in said code section.
APPROVED AND ADOPTED this 5th day of April 1988.
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THOMAS A. YBARRA, Mayor Pro-Tem
ATTEST: ~, /1. ,/~
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BRUCE V. MALKENHORST, C~ty Clerk
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1 STATE OF CALIPOHNIA )
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2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORS'l', City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Ordinance, being
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Ordinance No.
975
, WilS duly and regularly introduced
7 at a regular meeting of the City Council of the City of Vernon,
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held on
and thereafter finally adopted
April 5, 1988
9 at a regular meeting of said City Council held on
April 5, 1988
, by thc fallowing Vote:
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AYES:
Councilmen: Ybarra, Davis, McCormick, Gonzales
NOES:
Councilmcn:
AliSENT:
Councilmen: Malburg
L- y~~
Bruce \T~-Md.lkcntiors t:---c [lye lerk
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SUPPORTING
DOCUMENTS
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DRAFT
COMPREHENSIVE ZONING ORDINANCE
C!TV OF VERNON
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October, 1987
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Prepared by
Cotton/Beland/Associates, Inc.
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COMPREHENSIVE ZONING ORDINANCE
C ITV OF VERNON
TABLE OF CONTENTS
SECTION PAGE
I. INTRODUCTION
1.1 Title
1.2 Purpose and Intent
1.3 Interpretation
1.4 Applicability
1.5 Vested Right
1.6 Severability
1.7 Violation Penalty
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II.
DEFINITIONS
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III. ZONING DISTRICTS
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3.1 Division of the City into Zones
3.2 Comprehensive Zoning Map
3.3 Uncertainty as to Zone Boundaries
3.4 Keeping of Map
3.5 General Industry (M)
3.6 Heavy Industry (M-2)
3.7 Commercial/Industrial (C-M)
3.8 Slaughtering Overlay District (S)
3.9 Rendering Overlay District (R)
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IV. REGULATIONS APPLICABLE TO ALL ZONES
4.1 Uses Prohibited
4.2 Off-Street Parking and Loading Facilities
4.3 Street Dedications
4.4 Non-Conforming Buildings, Structures
and Uses
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V. APPLICATION REGULATIONS AND PROCEDURES
5.1 Variances
5.2 Conditional Use Permit
5.3 Zoning Amendment
5.4 Interpretations and Minor Exceptions
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PART I
INTRODUCTION
SECTION 1.1: TITLE
This ordinance and its accompanying map, shall be known as the
"COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VERNON", and for
convenience may be referred to as the "ZONING ORDINANCE".
SECTION 1.2: PURPOSE AND INTENT
The purpose of this ordinance is to consolidate and coordinate all
existing zoning regulations and provisions into one comprehensive
zoning plan in order to designate, regulate and restrict the size,
location and use of buildings, structures, and land for residence,
commerce, trade, industry, or other purposes in order to protect the
publiC health, safety and welfare. To achieve these purposes, this
ordinance divides the City into zones of such number, shape, and
area as may be deemed best suited to carry out these regulations and
provides for the the administration of said regulations and their
enforcement.
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SECTION 1.3: INTERPRETATION
In their interpretation and application, the prOV1Slons of this
Ordinance shall be held to be minimum requirements for the
promotion of the public health, safety, comfort, convenience and
general welfare, and shall not be deemed or construed to repeal,
amend, modify, alter, or change any other rules, regulations, or
ordinance or any part or parts thereof not speCifically repealed,
amended, modified, altered, or changed herein. Wherever the
requirements of this Ordinance are at variance with the
requirements of any other lawfully adopted rule, regulation, or
ordinance, the most restrictive or that imposing the higher
standards shall govern.
SECTION 1.4: APPLICABILITY
1. Except as herein provided by this Ordinance, no building or
structure or lot shall hereafter be used or occupied and no
building or part thereof shall be erected, moved, or altered
unless in conformity with the regulations herein specified for
the zone in which it ;s located and then only after securing all
permits and licenses required by law and ordinance.
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2. No city official, officer, or employee or anyone acting upon
behalf of such person shall issue any license or permit for uses,
buildings, or purposes contrary to, or in violation of, the
provisions of this Ordinance.
SECTION 1.5: VESTED RIGHT
Nothing in this ordinance shall create or be construed to create
any vested right in any person.
SECTION 1.6: SEVERABILITY
Should any section, subsection, clause, of provision or this
Ordinance for any reason be held to be invalid or
unconstitutional, .such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining
portions of this Ordinance; it being hereby expressly declared
that this Ordinance and each section, subsection, sentence,
clause, and phrase hereof would have been prepared, proposed,
approved and adopted separately and irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, or
phrases be declared invalid or unconstitutional.
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SECTION 1.7: VIOLATION PENALTY
No person shall violate any provision or fail to comply with any of
the requirements of this Ordinance or any conditions imposed in the
granting of permits subject to this ordinance. Any person violating
any of the provisions or failing to comply with any of the
requirements of this Ordinance shall be guilty of a misdemeanor.
Any person convicted of a misdemeanor under the provisions of this
Ordinance shall be punishable by a fine of not more than Five
Hundred Dollars ($500.00) or by imprisonment for a period not
exceeding six (6) months or by both such fine and imprisonment.
Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision
of this Ordinance is committed, continued, or permitted by such
person and shall be punishable accordingly.
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PART II
DEFINITIONS
For the purpose of this Ordinance, certain words and terms are
defined and shall be construed as herein set forth unless
otherwise expressly stated, or unless the context clearly indicates
a different intention.
SECTION 2.1
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2.1.1 Abated or Abatement, shall mean the complete discontinuance
of any nonconforming use where no building or structure is involved,
or the complete discontinuance and removal of a nonconforming
building or structure.
2.1.2. Accessory Use, shall mean a use incidental and subordinate
to the principal use of the premises. Accessory uses shall not
alter the characteristics of the use considered as a whole and as
related to other uses permitted in the same zone. An accessory use
will not ocupy more than 50% of the gross floor area, or generate
more than 50% of the annual revenues of the primary and all
accessory uses on the lot in question.
2.1.3. Alley, shall mean a public right-of-way, other than a
street, which affords a secondary means of access to abutting
property as determined by the City Engineer.
2.1.4. Ambient Environmental Noise, means the intensity, duration,
and character of sound from all sources surrounding the place of
measurement. '
2.1.5. Amendment, shall mean a change in the wording, context, or
substance of this Chapter or a change in the zone boundaries or zone
classifications upon the Official Zoning Map.
SECTION 2.2
2.2.1. Building, shall mean any structure built for the support,
shelter, or enclosure of persons, animals, chattels, or property of
any kind and having a roof supported by columns or walls and
attached to the ground.
2.2.2. Building, Enclosed, shall mean a building separated on all
sides from the abutting open space, or from other buildings or
other structures, by a permanent roof and exterior walls, pierced
only by windows and entrance and exit openings.
2.2.3. Building, Main, shall mean the building in which is
conducted a principal use of the lot upon which it is situated.
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SECTION 2.3
2.3.1. Center Line, shall mean a line located in the center of the
ultimate right-of-way as established by the City Engineer.
SECTION 2.4
2.4.1. Disposal, Hazardous Material, shall mean the discharge,
deposit, injection, dumping, spilling, leaking, or placing of any
hazardous waste into or on any land, air or water so that such
hazardous material or any constituent thereof may enter the
environment.
2.4.2 Distribution Facility, shall mean a building or part of a
building used to consolidate freight to be shipped, or used for
the transfer of goods (including containerized cargo), from one
truck to another or between a railroad car and truck. Storage of
goods or merchandise other than in connection with distribution
activities is not included within this d~f1nition.
2.4.3. Dwelling Unit, shall mean one or more rooms arranged or used
as living quarters by one family and containing one kitchen, but
not more than one kitchen.
SECTION 2.5
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2.5.1. Equivalent Sound Level, means the level of a constant sound
which, in a given situation and time period, has the same sound
energy as does a time-varying sound, or it is the level of the
time-weighted, mean square, A-weighted sound pressure. The time
interval over which the measurement is taken shall always be
specified.
SECTION 2.6
2.6.1. Fertilizer Plant, shall mean the business of dealing in,
buying, selling, handling, processing, or storing of manure;
provided, however, that "fertilizer plant business" shall not
mean or include the storage and drying, grinding, and grading of
manure upon the property or premises where the same is produced
as an incident to the operation of any slaughter house, packing
house, feed or sales yard, or stock yard.
2.6.2. Floor Area, shall mean the total area of all floors
contained within the exterior walls of all buildings on a
lot or parcel of land.
2.6.3. Floor Area Ratio, shall mean the ratio of the floor area of
all buildings on a lot or parcel of land to the area of that lot
or parcel of land.
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SECTION 2.7
2.7.1. Hazardous Material, shall mean any substance which, because
of its toxicity, quantity, or physical, chemical or infectious
characteristics poses a significant present or potential hazard
to the health or safety of humans, domestic livestock, or wild-
life, including those materials so defined by the federal or
state government.
2.7.2. Hazardous Waste, means a waste, or combination of wastes,
which because of its quantity, concentration, or physical, chemical
or infectious characteristics may either (i) cause, or significantly
contribute to an increase in mortality or an increase in serious
irreversible, or incapacitating reversible illness, or (ii) pose a
substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
2.7.3. Hazardous Waste Treatment, means any method, technique or
process, including neutralization, designed to change the physical,
chemical or biological character or composition of any hazardous
waste so as to neutralize such waste, or so as to recover energy or
material resources from the waste, or so as to render such waste
nonhazardous or less hazardous; safer to transport, store or dispose
of.
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2.7.4. Hazardous Waste Treatment Facility, means all continguous
land, structures, other appurtenances and improvements on the land,
used for handling, processing, treating, storing or disposing of
hazardous waste. Any facility incidental to a manufacturing
operation shall be exempt.
2.7.5. Hotel, shall mean any building containing two (2) or more
individual rooms or suites of rooms intended or designed to be used,
or which are used, rented or hired out to be occupied, for sleeping
or housing purposes by guests. Hotels include motels, boarding
houses, rest homes, sanitariums, dormitories, and any other
structure or bUilding other than a resident dwelling unit used for
the housing or sleeping or humans.
SECTION 2.8
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2.8.1. Industrial Building, shall mean a building devoted to the
storage, manufacture, preparation, assembly, packaging,
compounding, or treatment of any article, substance, or commodity
whatsoever and includes service facilities required to support
the processes.
2.8.2. Industry, shall mean the storage, manufacture, preparation,
assembly, packaging, compounding, or treatment of any article,
substance or commodity whatsoever and includes services required
for efficient operation.
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SECTION 2.9
2.9.1. Junk Yard, shall mean the business of dealing in, selling,
or buying for resale materials such as scrap metal, second hand
metal of any kind, rags, paper, bottles, wooden pallets, cardboard,
plastics or comparable matter.
SECTION 2.10
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2.10.1. Loading Space, Off-Street, shall mean an off-street space,
on the same lot with a use or building, for the parking of a vehicle
while loading or unloading merchandise or materials.
2.10.2. Lot, shall mean a contiguous quantity or parcel of land in
the possession of, or owned by, or recorded as the property of
the same claimant or person and shall further mean:
(a) a parcel .of real property when shown as a del ineated
parcel of land with a number or other designation on a tract or
plat recorded in the office of the County Recorder; or
(b) a parcel of land, the dimensions and boundaries of which
are defined by a record of survey recorded pursuant to the
provisions of the Subdivision Map Act of the State in the office
of the County Recorder.
(c) where contiguous parcels of land in the same ownership
are legally described and developed as permitted by this Code,
such individual parcels shall be considered as separate lots.
(d) a lot is also defined as a plot or parcel of land.
2.10.3. Lot Area, shall mean the total area within the boundary
lines of a lot, excluding any area dedicated for road purposes.
2.10.4. Lot, Contiguous, shall mean lots not a part of a recorded
subdivision and in the same ownership, and shall be treated and
considered as one lot for the purposes and requirements of this
Chapter.
SECTI ON 2.11
2.11.1. Major Arterial, shall mean those streets designed to
connect major activity areas within the City to the freeways and
major locations throughout the district, as designated in the
Circulation Element of the General Plan.
2.11.2. Motel, shall mean a group of attached or detached buildings
containing individual sleeping rooms or dwelling units for the
temporary use by automobile tourists or transients; including
auto courts, motor lodges, and tourist courts.
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SECTION 2.12
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2.12.1. Non-Conforming Building or Structure, shall mean a building
or portion thereof which was lawfully erected or altered and
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maintained but which because of the application of this Ordinance to
it, no longer conforms to the regulations set forth in this
Ordinance applicable to the zone in which such bUilding is located.
2.12.2. Non-Conforming Use, shall mean a use which was lawfully
established and maintained but which because of the application
of this Ordinance to it, no longer conforms to the use regulations
set forth in this Ordinance applicable to the zone in which such
use is located.
SECTION 2.13
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2.13.1. Person, shall mean an individual, firm, co-partnership,
joint venture, associ~tion, social club, fraternal organization,
corporation, estate, trust receiver, syndicate, municipal, political
or governmental corporation, district, body, or agency other than
the City of VernQ~.
2.13.2 Petroleum Refinery, shall mean an establishment or plant
primarily engaged in producing gasoline, kerosene, distillate fuel
oils, residual fuel oils, lubricants, and other products from crude
petroleum and its fractionation products through straight
distillation, redistillation, cracking or other processes but not
including establishments or plants primarily engaged in blending,
compounding, and re-refining lubricating oils and greases from
purchased mineral, animal and vegetable materials,
2.13.3. Petroleum-related use, shall mean an establishment or plant
for the blending or processing but not including the refining of oil
or other products thereof, but does not include storage ancillary to
an industrial use or as a fuel on the same premises as an industrial
use.
SECTION 2.14
2.14.1. Recycling, shall mean the collection, sorting and packaging
of used products such as newspapers, cans, corrugated cardboard,
glass, etc. and the conversion thereof into new products by
reprocessing or remanufacturing.
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2.14.2. Refrigerated Warehouse, shall mean a building or part of a
building used primarily to store non-durable, perishable goods
under refrigeration including services for the processing, /
preparing or packaging of such goods for storage.
2.14.3. Rendering Plant, shall mean an establishment where one or
more of the following items is cooked, melted down, extracted,
clarified or otherwise processed to produce oil, tallow, grease,
fertilizer or animal feed; carcasses of animals or fowl, dead
animals or fowl, fish, blood, offal, bones, meat, animal or
vegetable fat, feathers, food scraps or waste and other animal,
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fowl, or fish byproducts. "Rendering Plant" shall not include an
establishment exclusively producing fats, oils, lard or similar
products for human consumption; nor, a rendering process in
connection with and incidental to a slaughterhouse, abattoir,
packing plant or similar establishment producing food for human
consumption.
2.14.4. Resident Dwelling Unit, shall mean living quarters whether
within a detached accessory building or attached to the main
building, reserved for use by a watchman, emergency personnel,
maintenance personnel, or such other person whose function is
incidental to the maintenance of the property and whose residence on
said property is required as a part of his employment. Such
resident dwelling units may be occupied by the family of the person
required to live therein but may not be occupied by persons other
than those related by blood or marriage to the person required to
live therein. Resident dwelling units shall include detached homes
necessary for the. health, safety and general welfare of the City.
These dwellings shall be permanent structures; no bUilding shall
exceed 2 stories or thirty-five feet (35') in height; the lot shall
have a minimum area of five thousand square feet (5,000 sq. ft.) per
dwelling unit; and each dwelling shall have garage space for a
minimum of one and a maximum of 3 cars and can be privately owned.
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2.14.5. Resource Recovery Yard, see Junk Yard
2.14.6. Right-of-Way Street, shall mean the existing or proposed
future ultimate width of a public or private right-of-way as
determined by the City Engineer in accordance with the General Plan.
SECTION 2.15
2.15.1. Services, shall mean work performed or goods supplied to
industry by business and government to assure the efficient
operation of industry.
2.15.2. Slaughtering, shall mean the industrial process of butchering
animals and dressing and preparing the products of their
carcasses for food or other commercial purposes.
2.15.3. Sound Level, is the quantity in decibels measured by a
sound level meter satisfying the requirements of American National
Standards Specification for Sound level Meters 51.4. The sound
level meter shall be set at "A" weighting and at "SLOW" dynamic
characteristic. The unit of any sound level is the decibel, having
the unit symbol dB.
2.15.4. Street, shall mean any public right-of-way or private
recorded thoroughfare which affords a prinCipal means of access
of an abutting lot.
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SECTION 2.16
2.16.1. Trailer, shall mean any vehicle or structure used for
sleeping, living, business, or storage purposes having no
foundation other than wheels, blocks, skids, jacks, horses, or
skirting, and which is, has been, or reasonably may be equipped
with wheels or other devices for transporting the structure from
place to place whether by motive power or other means. The term
"trailer" shall include camp car, house c~r, mobile home a~d camPQr,
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2.16.2. Trailer Park, shall mean any lot or portion thereof used or
designed to accommodate two (2) or more trailers used for house-
keeping or sleeping or living quarters, and such word shall
include trailer courts, mobile home courts, and mobile home
parks.
2.16.3 Truck, Interstate, shall mean a combination of vehicles
consisting of a truck tractor and semitrailer, or of a truck
tractor, semitrailer, and trailer, with unlimited length as
regulated by Vehicle Code, Sec. 3540l.5(a).
2.16.4 Truck, Standard, shall mean a combination of vehicles
consisting of a truck tractor and semitrailer, or of a truck
tractor, semitrailer, and trailer, max. 65' in length as regulated by
California Vehicle Code Section 35401(a).
2.16.5 Truck, Sales, Fabrication or Rapair Facility, shall mean
a lot or building or part thereof used for the sales, fabrication
or manufacturing of trucks, or a truck repair activity either
related to truck sales or devoted exclusively to repair.
2.16.6. Truck Terminal, shall mean 1) any lot, building or part of
a building within which goods or freight are transferred or
redistributed from one vehicle to another and/or 2) any lot,
building or part of a building used primarily for the storage,
maintenance, or servicing of highway-type property-carrying
vehicles.
SECTION 2.17
2.17.1. Use, shall mean the purpose for which a lot or building is
arranged, designed, or intended or for which it is or may be,
occupied or maintained. ,/
2.17.2. Use, Accessory, shall mean a use customarily incidental or
subordinate to the principal use of a lot or building located
upon the same lot or building site and which is exclusively used
by the occupants of the main building. An accessory use shall not
occupy more than fifty percent (50%) of the gross floor area
occupied by the use or generate more than fifty percent (50%) of
the revenues of the use.
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SECTION 2.18
2.18.1. Vibration, shall mean discreet ground movement as measured by
peak particle velocity in inches per second.
SECTION 2.19
2.19.1. Warehouse, shall mean a building or part of a building used
primarily for the storage of non-perishable goods intended for
distribution to other locations for retail or wholesale or
mail-order sale.
2.19.2. Zone, shall mean a section of the City to which regulations
governing the height, area, use, size of buildings and
structures, and other uniform regulations apply.
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PART I II
ZONING DISTRICTS
SECTION 3.1: DIVISION OF THE CITY INTO ZONES
In order to carry out the purposes and provisions of this
Ordinance, the City of Vernon is hereby divided into five (5) Zones
which are to be known by the following Names and Zone Symbols;
either the name or the symbol may be used to refer to the Zone:
M - General Industry
M-2 - Heavy Industry
C-M - Commercial/Industrial
S - Slaughtering Overlay District
R ~ Rendering Overlay District
SECTION 3.2: COMPREHENSIVE ZONING MAP
J
Made a part of this Ordinance is a map which shows the location
and boundaries of the various zones established by this Ordinance.
This map shall be known, cited, and referred to as the
"COMPREHENSIVE ZONING MAP OF THE CITY OF VERNON". Said map,
together with all notations, references, and other information
shown thereon shall be as much a part of this Ordinance as if the
matters and information set forth by said map were all fully
described herein.
SECTION 3.3: UNCERTAINTY AS TO ZONE BOUNDARIES
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Where uncertainty exists with respect to the zone boundaries of
any of the aforesaid zones, as shown on the Comprehensive Zoning
Map, the following rules shall apply:
1. Where zone boundary lines are indicated as following streets,
alleys, or extensions thereof, such zone boundary lines shall be
construed, unless otherwise indicated, to be the center line of
said street, alley, or extension thereof.
2. Where zone boundary lines are so indicated that they approxi-
mately follow lot lines, said lot lines shall be construed to be
said zone boundary lines.
3. Where zone boundary lines are so indicated that they are
approximately parallel to the center lines or street lines of
streets, said zone boundary lines shall be construed as being
parallel thereto and at such distance therefrom as indicated. If
no distance is given, such dimensions shall be determined by the
use of the scale as shown on the Comprehensive Zoning Map.
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4. Where the zone boundary lines follow a railroad right-of-way,
said zone boundary lines shall be construed, unless otherwise
indicated to be located midway between the main tracks of said
railroad right-of-way.
5. Where the zone boundary line is uncertain or claimed to be
uncertain, the determination of the City Council as to the
location thereof, shall be final and conclusive.
SECTION 3.4: KEEPING OF MAP
The City Clerk shall keep a true and correct copy of the current
Comprehensive Zoning Map at his office in the City Hall of the
city. Said map shall be certified by the Clerk as being the
Comprehensive Zoning Map of the city; and at the end of each
calendar year, said map shall be revised by the Clerk, or at the
direction of the Clerk, to reflect all amendments enacted during
the previous year.
SECTION 3.5: GENERAL INDUSTRY (M) ZONE
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3.5.1. Purpose and Intent. The M Zone is intended to provide for
the orderly development and operation of most types of industrial
plants and to promote the concentration of such uses in a manner
which will foster mutually beneficial relationships with each other.
The regulation of uses and standards of development set forth in the
M Zone are those deemed necessary to promote the orderly operation
and efficient functioning of the district.
3.5.2. Permitted Uses. Buildings, structures, and land in the M
Zone shall be used and buildings and structures shall hereafter be
erected, altered, or enlarged only for the following uses, and all
uses shall be subject to the standards of this section:
a. Industry - including the manufacture, processing,
and assembly of products
b. Resident Dwelling Units
c. Commercial Uses - with a floor area 10,000 square
feet or less.
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d. Warehouses - with a floor area 50,000 square feet or less.
3.5.3. Uses Which May Be Permitted by Conditional Use Permit. The
following uses may be permitted in the M Zone subject to the
approval of a conditional use permit as provided in Section 5.2,
to ensure that the proposed site has adequate access and off-
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street parking and loading facilities, and that the proposed use
will not generate traffic, noise, vibration, dust, odor, smoke,
light, or risk of upset or explosion which is obnoxious to or
interferes with the operation of adjacent uses.
a. Retail Commercial uses with a floor area of 10,000
square feet or more.
b. Hazardous Materials Processing Facilities so long as they
comply with all the requirements of State and federal law and
subject to the standards specified in Section 5.2.6.
c. Businesses and Services including but not limited to
banks, publishing and printing shops, restaurants and
coffee shops, and business and professional offices
which serve industry.
d. Trash-to~Energy Facilities and Trash Transfer Stations,
subject to the standards specified in Section 5.2.6.
e. Petroleum Related Uses and/or uses primarily engaged in the
storage of petroleum products.
f. Public Storage Facilities, subject to the standards specified
in Section 5.2.6.
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g. Cogeneration Facilities, subject to the standards specified
in Section 5.2.6.
3.5.4. Development Standards. The following development standards
shall apply to all land and structures in the M Zone:
a. Building Intensity. The total gross floor area of all
buildings or structures on any lot in the M Zone shall
not exceed a floor area ratio of 2.0 times the buildable
area of said lot. A greater floor area ratio may be
approved where the City Council determines:
1. the strict application of the ratio to industrial
facilities with extensive conveyors, silos, towers,
tanks and related features makes floor area limitation
inappropriate, or
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2. the proposed buildings or structures will not adversely
affect the ability of the City to provide public
services and utilities to the project, and
3. surrounding streets and major streets providing access
to the project are adequate to accommodate the
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intensity of development proposed as established by
traffic studies or other studies required by the City.
Off-Street Parking and Loading. Off-street parking
and loading facilities shall be provided in accordance
with the provisions of Section 4.2.
c. Outdoor Activities and Storage. Outdoor activities and
storage may be permitted provided such activities and
storage are not visible from the public right of way. No
materials or wastes shall be deposited on a lot in such
form or manner that they may be transferred off the lot by
natural causes or forces. Wastes which might cause fumes
or dust, which constitute a fire hazard, or which may be
edible by or otherwise be attractive to rodents or insects
shall be stored only in closed containers in required
enclosures.
b.
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d. Vibration. Every use shall be so operated that the
steady ground vibration inherently and recurrently
generated shall not exceed two hundredth's of one inch
(0.02") per second particle velocity when measured at the
property line except that vibrations in excess of (0.02")
measured at the property line may be permitted with a
conditional use permit.
e. Radioactivity and Electrical Disturbances.
1. Except with the prior approval of the Council as to
specific uses, the use of radioactive materials
within any zone shall be limited to measuring,
guaging, and calibration devices, and tracer
elements in X-ray and like apparatus, and in
connection with the processing and preservation of
foods. In no event shall radioactivity, when
measured at each lot line, be in excess of two and
seven-tenths (2.7) by ten (10) to the eleventh
(11th) power microcuries per mill iter of air at any
moment of time. Transportation of radioactive
materials on City streets shall be permitted only
on Council-approved routes.
2. Radio and television transmitters shall be operated
at the regularly assigned wave lengths (or within
the authorized tolerances therefor) as assigned
thereto by the appropriate governmental agency.
Subject to such exception and the operation of
domestic household equipment, all electrical and
electronic devices and equipment shall be suitably
wired, shielded, and controlled so that in operation
they shall not, beyond the lot lines, emit any
electrical impulse or wave which will adversely
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affect the operation and control of any other
electrical or electronic devices and equipment.
f. Fire and Explosion Hazards. All storage of, and
activities involving, inflammable and explosive materials
shall be provided with adequate safety devices against the
hazard of fire and explosion and with adequate
fire-fighting and fire-suppression equipment and devices
to the standards of the Fire Department.
SECTION 3.6: HEAVY INDUSTRY (M-2) ZONE
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3.6.1. Purpose and Intent. The M-2 (Heavy Industry) Zone is
intended to permit and encourage the development and preservation of
those industries whose operations are so large scale or specialized
that they may create heavy traffic or other external effects
perceivable by surrounding uses. The provisions of this zone are
designed to protect such industries from the intrusion of
inharmonious commercial, office, or residential uses and to provide
an appropriate environment and proper safeguards for efficient
operation of the district.
3.6.2. Permitted Uses. Buildings, structures, and land in the M-2
(Heavy Industry) Zone shall be used, and buildings and structures
shall hereafter be erected, altered, or enlarged only for the
following uses, and all uses shall be subject to the standards of
this section:
a. All uses permitted in the M (General Industry Zone)
b. Warehouses of 50,000 square feet or more.
3.6.3. Uses Which May Be Permitted By Conditional Use Permit. The
following uses-may be permitted in the M-2 (Heavy Industry) Zone
subject to the approval of a conditional use permit as provided in
Section 5.2, in order to ensure that the proposed use will not
generate traffic or external effects disruptive to the
functioning of adjacent uses.
a. Retail Commercial Uses with a floor area of 10,000 square
feet or more.
b. Hazardous Materials Processing Facilities which comply with
State and federal regulations for such uses and subject to
the standards specified in Section 5.2.6.
c. Resident Dwelling Units
d. Petroleum Refining and Related Uses and/or uses primarily
engaged in the storage of petroleum products.
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e. Transportation Related Uses (SIC Code Division E) and
provided further that
1) Freight or Truck Terminals comply with the requirements
of Section 4.2, Off-Street Parking and Loading Facilities,
and the standards specified in Section 5.2.6, Standard
Conditions, and
2) Public Storage Facilities are subject to the standards
specified in Section 5.2.6.
f. Trash to Energy Facilities and Trash Transfer Stations,
subject to the standards specified in Section 5.2.6.
g. Cogeneration Facilities, subject to the standards specified
in Section 5.2.6.
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3.6.4. Development Standards. The following development standards
shall app'y to all land and structures in the M-2 (Heavy Industry)
Zone:
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a. Building Intensity. The total gross floor area of all
buildings or structures on a lot in the M-2 Zone shall not
exceed a floor area ratio of 2.0 times the buildable area
of such lot. A greater floor area ratio may be approved
where the City Council determines:
1. the strict application of the ratio to industrial
facilities with extensive conveyors, silos, towers,
tanks and related features makes floor area limitation
inappropriate, or
2. the proposed buildings or structures will not adversely
affect the ability of the City to provide public
services and utilities to the project, and'
3. surrounding streets and major streets providing access
to the project are adequate to accommodate the
intensity of development proposed as established by
traffic studies or other studies required by the City.
b. Outdoor Activities and Storage. Outdoor activities and
storage may be permitted provided such activities and ,~
storage are screened from public view. No materials or
wastes shall be deposited upon a subject lot in such form
or manner that they may be transferred off the lot by
natural causes or forces. Wastes which might cause fumes
or dust, which constitute a fire hazard, or which may be
edible by, or otherwise be attractive to, rodents or
insects shall be stored only in closed containers in
required enclosures.
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c. Off-Street Parking and loading. Off-street parking and
loading facilities shall be provided in accordance with the
provisions of Section 4.2.
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d. Vibration. Every use shall be so operated that the ground
vibration inherently and recurrently generated shall not
exceed four hundredths of an inch (0.04") per second
particle velocity when measured at the property line.
Vibrations in excess of four hundredths of an inch (0.04")
measured at the property line may be permitted with a
conditional use permit.
e. Radioactivity and Electrical Disturbances:
1. Except with the prior approval of the Council as to
specific uses, the use of radioactive materials within
any ~one shall be limited to measuring, gauging, and
calibration devices, as tracer elements in X-ray and
like apparatus, and in connection with the processing
and preservation of foods. In no event shall
radioactiVity, when measured at each lot line, be in
excess of two and seven-tenths (2.7) by ten (10) to the
eleventh (11th) power microcuries per milliliter of air
at any moment of time. Transportation of radioactive
materials shall be permitted only on routes approved
by the City Council.
2. Radio and television transmitters shall be operated at
the regularly assigned wave lengths (or within the
authorized tolerances therefor) as assigned thereto by
the appropriate governmental agency. Subject to such
exception and the operation of domestic household
equipment, all electrical and electronic devices and
equipment shall be suitably wired, shielded, and
controlled so that in operation they shall not, beyond
the lot lines, emit any electrical impulse or wave
which will adversely affect the operation and control
of any other electrical or electronic devices and
equipment.
f. Fire and Explosion Hazards. All storage of, and activities
involving, inflammable and explosive materials shall be
provided with adequate safety devices against the hazard of
fire and explosion and with adequate fire fighting and fire
suppression equipment and devices to the standards of the
Fire Department.
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SECTION 3.7: COMMERCIAL-INDUSTRIAL (C-M) ZONE
3.7.1. Purpose and Intent. The C-M Zone is intended to provide an
appropriate location for those commercial, service, and business
operations which are necessary to support industrial operations and
which, by their nature, do not generate excessive traffic or other
external effects inappropriate to industrial areas. The regulation
of uses and standards of development set forth in the C-M Zone are
those deemed necessary to promote the orderly operation and
efficient functioning of the district and to protect industrial uses
from the harmful effects of commercial use.
3.7.2. Permitted Uses. Buildings, structures, and land in the C-M
(Commercial-Industrial) Zone shall be used and buildings and
structures shall hereafter be erected, altered, or enlarged only for
the following uses, and all uses shall be subject to the standards
of this section:
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a. All uses permitted in the M (General Industry) Zone.
b. General offices which do not generate more than 20
vehicle trips per 1,000 square feet per day.
c. Resident Dwelling Units.
d. Public uses and facilities.
3.7.3. Uses Which May Be Permitted By Conditional Use Permit. The
following uses may be permitted in the C-M Zone subject to the
approval of a conditional use permit as provided in Section 5.2, to
ensure that the proposed site has adequate access and off-street
parking and loading facilities, and that the proposed use will not
generate traffic, noise, vibration, dust, odor, smoke, or light
which is obnoxious to or interferes with the operation of adjacent
uses:
a. General offices which generate more than 20 vehicle trips
per 1,000 gross square feet of floor area per day.
b. Retail and wholesale commercial uses which involve
intensive customer traffic (i.e., generate more than 20
vehicle trips per 1,000 gross square feet of floor area per
day).
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3.7.4. Development Standards. The following development standards
shall apply to all land and structures in the C-M
(Commercial-Industrial) Zone:
a. Activities. All activities and operations shall be
conducted within a completely enclosed building.
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b. Building Intensity. The total gross floor area of all
buildings and structures on a lot in the C-M Zone shall not
exceed a floor area ratio of 4.0 times the buildable area
of said lot. A greater floor area ratio may be approved
where the City Council determines:
1. the strict application of the ratio to industrial
facilities with extensive conveyors, silos, towers,
tanks and related features makes floor area limitation
inappropriate, or
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2. the proposed bUildings or structures will not adversely
affect the ability of the City to provide public
services and utilities to the project, and
3. surrounding streets and major streets providing access
to the project are adequate to accommodate the
intensity of development proposed as established by
traffic studies or other studies required by the City.
c. Off Street Parking and Loading. Off street parking and
loading facilities shall be provided in accordance with the
provisions of Section 4.2.
d. Outdoor Storage. Outdoor storage of materials used in the
operation of the business on the site may be permitted
provided that such storage is screened from the public
view. No materials or wastes shall be deposited upon a
subject lot in such form or manner that they may be
transferred off the lot by natural causes or forces.
Wastes which might cause fumes or dust, which constitute a
fire hazard, or which may be edible by, or otherwise be
attractive to, rodents or insects shall be stored only in
closed containers in required enclosures.
e. Vibration. Every use shall be so operated that the ground
vibration inherently and recurrently generated shall not
exceed two hundredths of an inch (0.02") per second
particle velocity when measured at the property line.
f. Radioactivity and Electrical Disturbances.
1. Except with the prior approval of the Council as to ,/
specific uses, the use of radioactive materials within
any zone shall be limited to measuring, gauging, and
calibration devices, as tracer elements in X-ray and
like apparatus, and in connection with the processing
and preservation of foods. In no event shall
radioactivity, when measured at each lot line, be in
excess of two and seven tenths (2.7) by ten (10) to the
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eleventh (11th) power microcuries per milliliter of air
at any moment of time. Transportation of radioactive
materials shall be permitted only on routes approved
by City Council.
Radio and television transmitters shall be operated at
the regularly assigned wave lengths (or within the
authorized tolerances therefor) as assigned thereto by
the appropriate governmental agency. Subject to such
exception and the operation of domestic household
equipment, all electrical and electronic devicos and
equipment shall be suitably wired, shielded, and
controlled so that in operation they shall not, beyond
the lot lines, emit any electrical impulse or wave
which will adversely affect the operation and control
of any other electrical or electronic devices and
equipment.
g. Fire and Explosion Hazards. All storage of, and activities
involving, inflammable and explosive materials shall be
provided with adequate safety devices against the hazard of
fire and explosion and with adequate fire fighting and fire
suppression equipment and devices to the standards of the
Fire Department.
2.
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SECTION 3.8: S (SLAUGHTERING) OVERLAY DISTRICT
3.8.1. Purpose and Intent. The purpose of the S (Slaughtering)
Overlay District is to provide a location for the designated land
uses which will adequately accommodate their specialized operations
without generating traffic, noise, vibration, dust, odors, smoke, or
light which is obnoxious to or interferes with the operation of
adjacent uses. The provisions of this zone are intended to ensure
that the district will function safely and efficiently and provide
an attractive industrial environment.
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3.8.2. Permitted Uses. Uses permitted by the underlying zone.
3.8.3. Uses Which May Be Permitted by Conditional Use Permit. In
addition to the uses permitted by the underlying zone, lots
totalling over one acre in area and located in the S (Slaughtering)
Overlay District may be used for the following purposes subject to ~
the approval of a Conditional Use Permit in accordance with the
provisions of Section 5.2:
a. Slaughtering of animals
3.8.4. Development Standards. Same as the underlying zone. In
addition, the City Council may impose as a part of the conditional
use permit such other requirements as are necessary to protect
adjacent uses from the traffic, noise, odor, dust, vibration and
risk of infection or upset associated with the proposed slaughtering
use.
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SECTION 3.9: R (RENDERING) OVERLAY DISTRICT
3.9.1. Purpose and Intent. The purpose of the R (Rendering) Overlay
District is to provide a location for the designated land uses which
will adequately accommodate their specialized operations without
generating traffic, noise, vibration, dust, odors, smoke, or light
which is obnoxious to or interferes with the operation of adjacent
uses. The provisions of this zone are intended to ensure that the
district will function safely and efficiently and provide an
attractive industrial environment.
3.9.2. Permitted Uses. Same as underlying zone.
3.9.3. Uses Which May Be Permitted By Conditional Use Permit. In
addition to the uses permitted by the underlying zone, lots
totalling over one acre in area and located in the R (Rendering)
Overlay District may be used for the following purposes subject to
the approval of a Conditional Use Permit in accordance with the
provisions of Section 5.2:
a. Rendering Facility
b. Fertilizer Facility
c. Junk Yard
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3.9.4. Development Standards. Same as underlying zone, unless
additional requirements are imposed by the City Council as a part
of the Conditional Use Permit process in order to protect adjacent
uses from the traffic, noise, odors, dust, vibration or risk of
infection or upset associated with such use.
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PART IV
REGULATIONS APPLICABLE TO ALL ZONES
SECTION 4.1 USES PROHIBITED
In addition to the prohibitions contained in Part III, the following
regulations shall apply:
a. Except for approved residential dwelling units, no dwelling
unit, motel, hotel, trailer, trailer park or other
building, facility, or structure used for dwelling purposes
temporary or permanent or for the housing or sleeping of
humans shall be permitted. The provisions of this
subsection shall not apply to trailers used for temporary
living quarters in connection with a construction program,
which have received the prior approval of the City Council.
No permit. shall be issued by the City Council for such
temporary use unless it finds that the use requested is a
bona fide use directly related to and necessitated by a
current construction program upon the same lot and that
such temporary use will not be contrary to the intent and
purpose of this Ordinance and will not create a condition
detrimental to the public peace, health, safety, or general
welfare.
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SECTION 4.2: OFF STREET PARKING AND LOADING FACILITIES
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Adequate off-street park1ng and loading space shall be provided
for each industrial, commercial or business enterprise, development
or property, or for each building, to accommodate all vehicles of
the officers, employees, vendors, salesmen, visitors, and other
persons normally transacting business at such enterprise or
building.
4.2.1. Interpretation. The provisions of this Section shall be held
to be minimum requirements for the promotion of the public health,
safety, comfort, convenience, and general welfare, and shall not be
deemed or construed to prohibit the provision of additional
facilities as long as said facilities are approved by the City
Engineer. Any requests for variance or exceptions shall be
presented to the City Council as provided in Sections 5.1 and 5.4.
4.2.2. Consideration of Fractional Remainders. Where calculation
of the number of spaces required results in a fractional number, any
fraction shall be rounded to the next higher whole number.
4.2.3. Parking in BUildings. Where required parking or loading
space computations are based on floor area, floor space devoted to
parking within the bUilding shall not be included in this
computation.
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4.2.4. Multiple Uses. In the case of mixed uses in a building or on
a lot, the total required number of off-street parking spaces shall
be the sum of the requirements for the various uses, or a minimum of
three spaces per use or business.
4.2.5. Change in Use or Floor Area. When the type or intensity of
use of any building, structure, or premises is increased through a
change of use or addition of floor area, seating capacity. or otner
units of measurement specified in this Section. the aoditional
required parking and loading facilities shall be provided for such
increase in accordance with the standards specified in this Section.
In addition, existing parking and loading facilities on the property
cannot be reduced unless substitute spaces are provided in
accordance with this part.
4.2.6. Minimum Automobile Parking Requirements. To meet the intent
of this section, the minimum parking space requirements for certain
uses and buildings are declared to be as follows:
USE TYPE
REQUIRED SPACES
One (1) space per 1,000
square feet of building
gross area.
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Industrial, manufacturing,
processing, assembling,
packaging, warehousing,
storage, cold storage,
distribution facility and
s imil ar uses.
Retail sales, services, offices,
and s imil ar uses
One (1) space per 500
square feet of gross
f1 oor area.
Uses including outdoor sales
or display (e.g. nurseries,
auto or boat dealers, etc.)
One (1) space per 5,000
square feet of open
display or sales area.
Restaurants, night clubs, bars,
and similar uses.
One (1) space per 100
square feet of gross
floor area.
Public utility facilities
(not including offices)
One (1) space per 1,000
square feet of gross
floor area.
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Auditoriums, meeting halls,
and other places of assembly.
One (1) space per 100
square feet of gross
flo;)r area.
Schools
One (1) space per
classroom.
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Resident Dwelling Unit
One (1) space per unit.
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4.2.7. Minimum Truck Parking and Loading Facility Requirements.
All commercial, industrial, warehouse, storage, institutional, and
other buildings or uses requiring the receipt or distribution of
goods, materials, merchandise or supplies by truck shall be provided
with adequate parking space for all such trucks, regardless of size,
which are owned, leased, rented, or otherwise retained on the premises
and shall also be provided with off-street loading space to
accommodate trucks being loaded, unloaded, or waiting to load or
unload, in accordance with the following standards:
However, additional spaces may be required by the Director of
Community Services at the time of a plan review, or the issuance of
permits or licenses if determined to be necessary to assure the ,/
provisions of adequate on-site parking and loading spaces.
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4.2.8. Development Standards. All off-street parking and loading
facilities for any use, building, or structure hereafter erected,
constructed, altered, or expanded in the City shall comply with the
following minimum standards:
a. Plot Plan. Whenever a bUilding or structure is
constructed, erected or altered, or whenever the use of a
parcel, building or structure changes resulting in an
increased requirement for automobile parking or truck parking,
loading, and maneuvering areas, a plot plan clearly showing
such off-street parking and loading facilities, pOints of
access and egress, and circulation patterns in relation to the
buildings, structures, and uses to be served, and to the
adjacent public streets is required.
Prior to issuance of any Occupancy certificate, approval of the
plot plan by. the Director of Community Services shall be
required if the proposal involves street frontage improvements
or alterations of existing public facilities such as, but not
limited to, driveways, sidewalks, curbs, and gutters.
Parking, loading, and manuevering plot plans and improvements
shall not be required for minor remodelling, painting, repair,
electrical and mechnical work. When parking, loading, and
maneuvering facilities are developed or altered without
modifications to or construction of buildings or structures,
separate plans shall be required. All such plot plans and such
separate plans shall be submitted to the Community Services
Department to insure compliance with this Ordinance.
b. location. Required parking facilities shall be located on
the same parcel or lot as the use or occupancy for which
the parking is being provided; or such required parking
facilities may be provided on a separate parcel or lot, but
under the same ownership as the parcel or lot on which the use
or occupancy requires parking, provided such separate parcel
is within one thousand (1,000) feet from the main building or
use measured as walking distance from such building to the
main entrance of the parking facility, and provided evidence
is filed with the City of Vernon limiting the use of such
parcel for parking purposes in connection with that particular
use or occupancy so long as such use exists.
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c. Size. The minimum size of all parking and loading spaces
shall be as follows:
Automobile parking space 8.5 ft. wide 19 ft. long
Truck parking space 15.0 ft. wide 65 ft. long
Truck loading space 20. 0 ft. wide 65 ft. long
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In addition, a minimum of fifteen (15) feet of unobstructed
space shall be maintained above any required parking or
loading facility, including driveways or aisles.
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d. Access. Easily accessible and adequate ingress and egress
shall be provided to all required parking and loading
facilities. Maneuvering and turn-around areas shall be
provided on the lot so that all vehicles, including trucks,
using the parking and/or loading facilities may enter or leave
the public street in front-forward manner without backing or
maneuvering on the public right-of-way. Minimum required aisle
widths shall be as follows:
Minimum
One-way aisle
Two-way aisle
10 feet
20 feet
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No driveway or aisle or any portion thereof to any parking or
loading facility, shall be permitted within any portion of any
curb return; nor within seventy-five (75) feet of the point of
tangency of any curb return or driveways used by trucks or
within forty-five (45) feet of the point of tangency of any curb
return for driveways used exclusively by automobiles.
e. Markings. All required parking and loading spaces and
facilities shall be clearly and adequately marked with
permanent durable and easily distinguishable materials. All
one-way drives, entrances, and exits shall be clearly and
permanently marked. Such signs and markings shall be
maintained and shall be visible to drivers of vehicles using
the parking facility.
f. Barriers. Where parking areas adjoin a public street or
streets, a masonry wall not less than thirty inches (30") in
height or landscaped area a minimum of four (4) feet in width
shall be established along such full frontage, except at
driveways, walkways, or other openings where such are
necessary.
g. Paving. All parking and loading facilities shall be
paved with a hard, durable surface material and shall be
adequately drained. Drainage to the street which crosses
public areas such as sidewalks shall be by sheet flow or must
be contained in approved drain structures.
h. Maintenance. All parking and loading areas shall be kept ,/
clean and free of dust, mud or trash. Parking areas shall be
used only for the purpose of parking vehicles. Where
landscaping is provided within or along any parking area, such
areas shall be maintained and provided with permanent
underground, automated irrigation systems.
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Striping, marking, direction signs, lighting, screening and all
other improvements required by this section shall be adequately
maintained.
SECTION 4.3: STREET DEDICATIONS
4.3.1. Street Dedications. Property Adjoining a Street or Highway.
Where a lot or parcel of land in any zone adjoins a public street or
highway, the setback or building line shall be measured from a line
located at a distance equal to one-half (1/2) the planned ultimate
width of the street or highway, measured from the center line of the
street or highway, in accordance with the Master Plan of Streets.
The Director of Community Services shall designate the distance from
the center line in any case where the ultimate width of a proposed
street or highway is not specified.
SECTION 4.4: NON CONFORMING BUILDINGS, STRUCTURES, AND USES
~
Within the zones established by this Ordinance, there may exist
lots, structures, uses of land and structures, and characteristics
of use which were lawful before this Ordinance became effective but
which would be prohibited, regulated, or restricted under the terms
of this Ordinance or the Official Zoning Map. It is the intent of
this Ordinance to permit these nonconformities to continue for a
reasonable length of time on the basis hereinafter prescribed, but
not to encourage their survival. It is further the intent of this
Ordinance that nonconformities shall not be enlarged, expanded, or
extended, nor shall they be used as grounds for adding other
structures or uses prohibited elsewhere in the same zone.
4.4.1. Non-Conforming Use of a Conforming Building. The
nonconforming use of a conforming building may be continued
providing that such non-conforming use shall not be expanded or
extended into any other portion of the building nor shall any
structural alterations be made except those required by law and
amounting to not more than fifty percent (50%) of the reasonable
replacement value of the existing structure; and if such
nonconforming use is discontinued, any future use of such building
shall conform to the provisions of this Ordinance.
4.4.2. Non-Conforming Use of a Non-Conforming Building. The
nonconforming use of a non-conforming building may be continued
providing that such non-conforming use shall not be expanded or
extended into any other portion of the building nor shall any
structural alterations be made except those required by law and
amounting to not more than fifty percent (50%) of the reasonable
replacement value of the existing structure; and if such
nonconforming use is discontinued, any future use of such building
shall conform to the provisions of this Ordinance.
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4.4.3. Removal of Non-Conforming Building, Structures, and Uses.
Every non-conforming building, structure and use shall be completely
removed or altered to structurally conform to the uses and
development standards permitted in the zone in which it is located
within the herein specified times:
a. Where property is unimproved: one year.
b. Where the property has only minor, temporary or auxiliary
buildings or structures: one year
c. Where the nonconformity occurred as a result of the
adoption of Ordinance No. 752 on February 25, 1964:
within forty (40) years of that adoption date.
d. Where the nonconformity occurred as a result of the
adoption of Ordinance No. 856 on July 1, 1975: within
forty (40) years of that adoption date.
e. Where the nonconformity results from the adoption of this
Ordinance: within forty (40) years of its adoption date.
4.4.4. Non-Conforming Uses: Inadequate Off-Street Parking or Loading.
Any use which does not conform with the parking and loading
requirements of this ordinance shall be subject to the following
provisions:
J
a. Where sufficient space exists on the lot or parcel for
compliance with the requirements of this Ordinance,
off-street parking and loading area shall be provided in
accordance with this Ordinance upon any change of use or
occupancy or within two (2) years of the effective date of
this Ordinance, whichever shall occur first.
b. Where insufficient space exists on the lot or parcel for
compliance with the off-street parking and maneuvering
requirements of this Ordinance, at the time of any change in
use, occupancy, expansion, or structural alteration of the
building or buildings, the City Council, in accord with
Section 5.1 (Variance), may relieve the occupant of all or
part of the provisions of the off-street parking and
maneuvering requirements if the City Council determines:
1. The strict application of the off-street parking and
maneuvering requirements of this ordinance creates an
unreasonable hardship; and
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2. The proposed use will not adversely affect the
surrounding area.
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c. Where insufficient space exists on the lot or parcel for
compliance with the off-street loading requirements of this
ordinance, off-street loading area shall be provided at the
time of any changes in use, occupancy, expansion, structural
alteration of the building or within five (5) years of the
effective date of this ordinance, whichever shall occur first.
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4.4.5. Repair to Non-Conforming Building or Structures. When
repairs to non-conforming buildings within anyone-year period
exceed fifty percent (50%) of the reasonable replacement value of an
existing building or structure, such building or structure shall be
made to conform to the requirements of this Ordinance for new
bUildings and structures.
4.4.6. Reconstruction of Non-Conforming Buildings. A nonconforming
building or structure destroyed to the extent of not more than fifty
percent (50%) of its reasonable replacement value at the time of its
destruction, may be restored and occupancy or use of such building
or part thereof, which existed at the time of such partial
destruction, may be continued subject to all of the provisions of
this Ordinance, and provided all reconstruction shall conform to all
requirements of all city ordinances.
4.4.7. Automatic Expiration of Non-Conforming Buildings. A
non-conforming building which is vacant for a continuous period of at
least one (1) year shall not thereafter be occupied except in the case
that it has been brought into conformity with all of the regulations
of the Zone in which it is located.
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PART V
APPLICATION REGULATIONS AND PROCEDURES
In order to ensure the achievement of the goals and purposes of this
Ordinance without creating undue hardships, and in order to protect
the health, safety, and public welfare, the following regulations
and procedures are established.
SECTION 5.1: VARIANCES
Variances or exceptions from the terms of this ordinance shall be
granted only when, because of special circumstances applicable to the
property, including size, shape, topography, location or surroundings,
the strict application deprives such property of privileges enjoyed by
other property in {he vicinity and under identical zoning
classification.
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Any variance granted shall be subject to such conditions that will
assure the adjustment authorized does not constitute a grant of
special privileges inconsistent with the limitations upon other
properties in the vicinity and zone.
A variance shall not be granted for a parcel of property which
authorizes a use or activity which is not otherwise expressly
authorized by the zone regulation governing the parcel of property
except where the provisions of this ordinance allow a conditional use
permit to be granted for specified uses.
5.1.1. Application and Fee. Application for Variance shall be made
by the property owner or his authorized agent, to the Department of
Community Services, on a form provided for that purpose by the City,
and shall be accompanied by a filing fee in an amount established by
resolution of the City Council. Application for a Variance shall
consist of a completed Variance form and the following attachments:
a. a plot plan which shall show, as may be aplicable to
permit informed consideration of the request, the
surrounding land uses, the location, dimensions and height
of all buildings, and the location and dimensions of all
off street parking, loading, and storage facilities.
b. a circulation plan, if the application requests variation
of parking, loading or related features, showing the
location and width of ingress and egress points to the
site, the location and dimensions and turning radii of all
parking and loading areas.
c. a floor plan, if applicable, of the building or buildings
showing interior features affected by the variance.
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5.1.2. Authority to Grant a Variance. When practical difficulties,
unnecessary hardships, or other results inconsistent with the general
purpose of this ordinance result through its strict and literal
interpretation, the City Council shall have authority, to grant upon
conditions as it may determine, a variance from the provisions of this
ordinance.
5.1.3. Initiation of Variance. The request for a variance shall be
initiated by application signed by the owner of the property. The
application shall be in such form as may be prescribed by the
Department of Community Services and shall be filed with the
Department of Community Services. There shall be a filing fee for the
filing of the application as set by the City Council.
5.1.4. Hearings, Notice. Upon the receipt of an application, the
Director of Community Services shall determine if the application is
complete and, if so,. refer the matter to the City Council within
thirty (30) days. The City Council shall set the matter for a hearing
not less than fifteen (15) days or more than one hundred eighty (180)
days after the date the matter first has been considered by the
Council and shall give notice of the time and place of the hearing and
the purpose thereof by two of the following methods:
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a. By mailing a postcard notice, containing the same information
as the published notice, not less than fifteen (15) days prior
to the date of the hearing to:
1. The owners of all property within a radius of three
hundred feet (300') from the property for which a
variance is requested, using for this purpose the last
known names and address of such owners as are shown on
the last equalized assessment roll of Los Angeles
County,
2. The owner of the subject property,
3. The project applicant, and
4. To each local agency expected to provide essential
facilities or services to the project, if the ability to
provide the facility or service may be significantly
affected, and
b. By publishing a notice in a newspaper designated by said
City Council for that purpose. Said newspaper shall be a
local newspaper if there be one; otherwise a newspaper of
general circulation covering the City of Vernon shall be
designated. The notice shall be published not less than three
(3) times in any daily, or not less than once (1) in any other
newspaper of general circulation and the first publication
shall be at least ten (10) days prior to the date of the
hearing. The notice shall set forth the name and address of
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the applicant, description of the property for which the
variance is requested by street number or legal description,
the date, time and place of hearing, and a general statement
of the proposed variance, or
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Notice shall be posted in three of the most public places in
the City of Vernon, to wit: the northwest corner of 38th
Street and Santa Fe Avenue; the northeast corner of Leonis
Boulevard and Pacific Boulevard; and on the bulletin board in
the lobby of the city hall of said city, located at 4305 Santa
Fe Avenue, all in the City of Vernon, County of Los Angeles,
State of California not less than ten days before the date set
for the hearing.
5.1.5.- Hearing, Action of The Council. If from the facts presented
at the public hearing or by an investigation at the instance of
the City Council, the City Council makes the findings required in
Section 5.1.6 herein" and finds that such variance or modification
thereof should be granted, the City Council by resolution may grant
the requested variance in whole, or in part, and upon such terms and
conditions as the City Council may deem proper to preserve the public
health, safety, convenience, and welfare and the general intent and
purpose of this Ordinance. The City Council shall make its findings
and determinations upon said application within thirty (30) days after
the conclusion of any hearing held thereon and shall mail a notice of
such decision to the applicant.
c.
5.1.6.- Findings and Decision by Resolution. Following the
termination of the proceedings of the public hearing on a variance,
the City Council shall announce its findings by formal resolution, and
the resolution shall recite, among other things, the facts and reasons
which, in the opinion of the City Council, make the granting or denial
of the variance necessary to carry out the provisions and general
purpose of this ordinance, and shall order that the variance be
granted or denied. Required findings are:
(1) There must be circumstances surrounding the applicant's
situation, limited to the physical conditions of the property, which
are unique in that other property in the area does not have the same
conditions. The unique circumstances must cause hardship to the
property owner to justify the authorization of a variance.
(2) The variance will not, however affect adversely the
interests of the public or the interests of other residents and
property owners within the vicinity of the premises in question.
(3) A variance may be authorized when it is also considered as
being consistent with the objectives of the general plan and the
zoning ordinance.
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(4) The mere existence of a peculiar situation which will result
in unnecessary hardship to the applicant if the ordinance is enforced
does not necessarily require the granting of a variance.
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(5) The granting of a variance must not constitute the granting
of a "special privilege" inconsistent with the limitations on other
nearby properties.
If such resolution orders that the variance be granted, it shall also
recite such conditions and limitations as the Council may impose.
The formal resolution of the City Council announcing its findings and
order after the hearing on an application for a variance shall become
a permanent record in the files of the City Council.
5.1.7. Notice of Decision. Not later than five (5) days following
the rendering of a decision ordering that a variance be granted or
denied, a letter shall be mailed to the applicant at the address shown
on the application filed with the City Council stating the decision of
the Council.
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5.1.8. Effective Date of Order Granting or Denying a Variance. Time
for appeal. The order of the City Council in granting or denying a
variance shall become final and effective ten (10) days after the date
of notification to applicant unless within such ten-day period an
appeal in writing is filed with the City Clerk by either the applicant
or an opponent. The filing of an appeal within such time limit shall
stay the effective date of the order until such time as the City
Council has acted on the appeal.
5.1.9. Time limit. Any variance approved by the City Council becomes
null and void, unless an extension is approved by the City Council,
if:
a. The rights and privileges granted by such variance are not
utilized within one hundred twenty (120) days from and after
the effective date; and if the privileges authorized require
some form of construction work, such construction or some unit
thereof has not actually been commenced within one hundred
twenty (120) days after the effective date;
b. The matter for which approval was granted has ceased to exist
or has been suspended for one hundred twenty (120) days or
more.
The council may grant one extension of time, not to exceed one year
from the time limit specified without public hearing. Any additional ,/
request for an extension of the time limit shall be treated as a new
application for a variance.
SECTION 5.2: CONDITIONAL USE PERMIT
)
The City Council shall have the authority, subject to the prOV1Slons
of the ordinance, to grant a Conditional Use Permit whenever it finds
the granting of said permit is consistent with the requirements,
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intent and purpose of this ordinance. The purpose of a Conditional
Use Permit is to allow proper integration of uses into the community
which may only be suitable in specific locations or designed and
constructed in a particular manner and/or under certain conditions.
5.2.1. Application and Fee. Application for Conditional Use Permit
shall be made by the property owner or his authorized agent, to the
Department of Community Services, on a form provided for that purpose
by the City, and shall be accompanied by a filing fee in an amount
established by resolution of the City Council. Application for a
Conditional Use Permit shall consist of a completed Conditional Use
Permit form and the following attachments:
a. a plot plan which shall show the surrounding land uses,
the location, dimensions and height of all buildings, and
the location and dimensions of all off street parking,
loading, and storage facilities. The plot plan shall
include areas proposed for vehicle washing and/or
maintenance and repair, outdoor storage, and the location
and height of all fences, walls, screens, or landscaped
areas in relation to the operation of the proposed use.
b. a circulation plan which shall show the location and
width of ingress and egress points to the site, the
location and dimensions and turning radii of all parking
and loading areas, and the proposed truck route through
the City.
c. a floor plan showing {I} the proposed location for all punch
presses, drop hammers, riveteers, and automatic screw
machines, and their proposed moorings or foundations, and
{2} the areas proposed for storage, use, or processing of
explosive, toxic, infectious, or hazardous materials, and
the facilities and equipment to protect and contain or
suppress accidents or fires involving said materials.
5.2.2. Hearing Notice. Upon presentation of a completed application,
the City Clerk shall set the matter for hearing within 60 days and
shall give notice of the time and place of the hearing and the purpose
thereof in the manner described in Section 5.1.4.
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5.2.3. Hearing Action of the Council. If from the facts presented at
the public hearing or by an investigation by, or at the instance of
the City Council, the City Council makes the findings required
herein and finds that such conditional use permit or modification
thereof should be granted, the City Council by resolution may grant
the requested Conditional Use Permit in whole, or in part, and upon
such terms and conditions as the City Council may deem proper to
preserve the public health, safety, convenience, and welfare and the
general intent and purpose of this Ordinance. The City Council
shall make its findings and determinations upon said petition within
the thirty {30} days after the conclusion of any hearing held
thereon and shall mail a notice of such decision to the petitioner.
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If the petition is disapproved, the petitioner, within thirty (30)
days from the date of the action by the City Council, may appeal to
the Council by a written notice of appeal filed with the City Clerk
in the manner described in Section 5.1.8
5.2.4. Time Limit. Any Conditional Use Permit granted by the City
Council becomes null and void if the permit is not exercised within
one hundred twenty (120) days of its approval.
5.2.5. Required Findings for a Conditional Use Permit. The City
Council shall make the following findings before granting a
Conditional Use Permit:
a. That the site for the proposed use is adequate in size and
shape; and,
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b. That the proposed use will not have an adverse affect upon
adjacent or abutting properties in terms of traffic,
parking, noise, odors, dust, smoke, light or glare, or
risk of fire, infection or explosion; and,
c. That the standards, regulations and requirements governing
the proposed use have been met; and,
d. That the site has sufficient access tOlstreets and
highways, which are adequate in width and pavement type to
carry the quantity of traffic generated by the proposed
use, and that the routes which vehicles will have to
follow to reach the site are adequate in width and
pavement type to carry the volume of traffic generated by
the proposed use; and,
e. That all the conditions imposed by State or federal law on
such a use can be met on the proposed site.
f. That the conditions stated in the decision are deemed
necessary to protect the public health, safety and general
welfare. Such conditions may include:
3
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Regulation of use,
Special yards, spaces and buffers,
Fences and walls,
Surfacing of parking areas subject to city
specifications,
Requiring street, service road and alley dedications
and improvements or appropriate bonds,
Regulation of points and vehicular ingress and egress,
Regulation of signs,
Requiring landscaping and maintenance thereof,
Requiring maintenance of the grounds,
Regulation of noise, vibration, odors, etc.,
Regulation of time for certain activities,
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(12)
(13)
(14 )
Time period within which the proposed use shall be
developed,
Duration of use,
And such other conditions as will make possible the
development of the city in an orderly and efficient
manner in conformity with the intent and purposes set
forth in this title.
For the following uses, the standard conditions
contained in Section 5.2.6 shall apply:
(15)
(a)
(b)
(c)
(d)
(e)
Public storage facilities serving, as
mini-warehouses,
Cogeneration facilities,
Freighting or trucking terminal facilities,
Hazardous waste treatment facilities, and
Trash to energy facilities and trash transfer
stations.
5.2.6. Standard Conditions. When the following uses are permitted by
conditional use permit, the standard conditions for each identified
use shall be as follows:
f'4\
(a) Public Storage Facilities Serving as Mini-Warehouses.
(1) No hazardous materials, including without limitation,
explosives, corrosives, ammunition, flammable liquids,
solvents, gasoline, chemicals or combustibles may be stored
in the storage units, nor may any tenant engage in any spray
painting or sanding in the storage facility.
(2) All storage units shall be equipped with landlord's lock.
Food storage shall be limited to products that are contained
in cans or bottles.
(3) The landlord shall keep at all times a master list of
tenants and access to the units shall be granted only to
tenant or his agent when signature of those so authorized is
on file.
(4) All leases submitted by the public storage facility to the
tenants shall include the requirement for periodic safety
inspections by the City of Vernon.
(5)
A landlord's representative shall be on the premises at all
times during normal business hours and a list of all persons
entering the building shall be maintained and made available
to City of Vernon inspectors.
The architectural character of the proposed structures shall
be based upon the appropriate use of sound materials and
upon the principles of harmony and proportion in the element
of the structures. The buildings shall always be maintained
in their original condition.
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(7) All materials used along the street frontage of the building
face shall consist of an architectural type masonry or
concrete wall.
(8) Whenever a public storage facility is discontinued for a
period of two hundred seventy days or not maintained in a
suitable condition, the permit may be voided.
(9) All other police, fire, health and community service
department requirements not listed herein shall be complied
with.
(b) Cogeneration Facilities.
(1) No building or structure shall be located within ten feet of
any property line abutting a street unless noted otherwise
in this section. All such required yards shall be
landscaped"and sprinklered in accordance with a plan
approved by the Community Services Department.
(2) The architectural character of the proposed structures shall
be based upon the appropriate use of sound materials and
upon the principles of harmony and proportion in the element
of the structures. The buildings shall always be maintained
in their original condition.
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(3) Maximum sound level. The sound level shall not exceed
sixty-five dBA as measured at or at any point outside the
property lines of the property on which the noise source is
located, or the ambient environmental noise alternative may
be used, whereby the maximum sound level shall not exceed
the equivalent sound level for eight hours as measured at
the property lines on a normal weekday (work day) between
the hours of 8:00 AM and 4:00 PM. The noise source in
question shall be off during these measurements.
(4) The proposed distribution and transmission conforms to the
Federal Energy Regulatory Commission.
(5) The facility be deemed a qualifying facility pursuant to the
Federal Energy Regulatory Commission.
(6) The facility receive a permit from the South Coast Air
Quality Control District.
(7) The electric integration of the facility be in accordance
with the rules and regulations of the City of Vernon Light
and Power Department.
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(c) Freighting or Trucking Terminal Facilities.
(I) That the site proposed for use is adequate in size, shape
and topography, including drainage and landscaping; and
(2) That the site proposed for use has sufficient access to
streets which are adequate in width and pavement type, to
carry the quantity and quality of traffic generated by the
proposed use; and
(3) That necessary improvements be made to the street system to
safely carry the anticipated increased traffic; and
{4} That the proposed use will not unreasonable interfere with
the use, possession and enjoyment of surrounding and
adjacent properties; and
(5) That the prbposed use will be compatible with permitted uses
of surrounding and adjacent properties; and
(6) That the use shall, as to location, operation and design, be
consistent with the general plan and applicable specific
plan and the zoning regulations of the City of Vernon.
(d) Hazardous Waste Treatment Facilities.
(l) That the site proposed for use is adequate in size, shape
and topography, including drainage and landscaping; and
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(2) That the site proposed for use has sufficient access to
streets which are adequate in width and pavement size, to
carry the quantity and quality of traffic generated by the
proposed use; and
(3) That necessary improvements be made to street system to
safely carry the anticipated increased traffic; and
(4) That the proposed use shall not unreasonably interfere
with the use, possession and enjoyment of surrounding and
adjacent properties; and
,
(S) That the proposed use shall be compatible with permitted
uses of surrounding and adjacent properties; and
(6) That the use shall, as to location, operation and design,
be consistent with the general plan, any applicable
specific plan, the zoning regulations of the City of
Vernon and all county, state and federal rules and
regulations.
(e) Trash to energy facilities and trash transfer stations. The
standards for the granting of a conditional use permit are as
follows:
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(1) That the site proposed for use is adequate in size, shape
and topography, including drainage and landscaping; and
(2) That the site proposed for use has sufficient access to
streets which are adequate in width and pavement size, to
carry the quantity and quality of traffic generated by the
proposed use; and
(3) That necessary improvements be made to street system to
safely carry the anticipated increased traffic; and
(4) That the proposed use shall not unreasonably interfere with
the use, possession and enjoyment of surrounding and
adjacent properties; and
(5) That the proposed use shall be compatible with permitted
uses of surrounding and adjacent properties; and
(6) That the use shall, as to location, operation and design, be
consistent with the general plan, any applicable specific
plan, the zoning regulations of the City of Vernon and all
county, state and federal rules and regulations; and
(7) No building or structure shall be located within ten feet of
any property line abutting a street unless noted otherwise
in this section. All such required yards shall be
landscaped and sprinklered in accordance with a plan
approved by the community services department; and
(8) The architectural character of the proposed structures shall
be based upon the appropriate use of sound materials and
upon the principles of harmony and proportion in the element
of the structures. The buildings shall always be maintained
in this original condition; and
(9) Maximum sound level. The sound level shall not exceed 65
dBA as measured at or at any point outside the property
lines of the property on which the noise source is located,
or the ambient environment noise alternative may be used,
whereby, the maximum sound level shall not exceed the
equivalent sound level for eight hours as measured at the
property lines on a normal weekday (work day) between the
hours of 8:00 AM and 4:00 PM. The noise source in question
shall be off during these measurements.
(IO) The proposed distribution and transmission conforms to the
Federal Energy Regulatory Commission.
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(11) The facility be deemed a qualifying facility pursuant to the
Federal Energy Regulatory Commission.
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(12) The facility receive a permit from the South Coast Air
Quality Control District.
(13) The electric integration of the facility be in accordance
with the rules and regulations of the City of Vernon Light
and Power Department.
5.2.7. Voiding Permits.
a. The council, with or without a recommendation from the
Director of Community Services, may by resolution, upon notice
and hearing as specified herein, void any conditional use
permit for noncompliance with the conditions set forth in
granting the conditional use permit. Notice of intent to void
specifying the reasons therefor and containing a time and
place of the hearing shall be given to the permittee not less
than twenty days before the specified ~ate. Notice of public
hearing shall be given as provided in subsection (b) of
Section 5.1.4.
b. Notification of the council action shall be mailed to the
petitioner and shall include a copy of the council resolution
specifying the reasons for voiding the conditional use
permit.
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c. The council may grant one extension of time, not to exceed one
year from the time limit specified without public hearing.
Any additional request for an extension of the time limit
shall be treated as a new application for a conditional use
permit. If an established time for development expires, the
conditional use permit shall be considered void if no
extension of time, from the time specified, has been granted.
5.2.8. Previously Granted Permits. Any conditional use permit
granted pursuant to any zoning ordinance enacted prior to the
effective date of this ordinance shall be construed to be a
conditional use permit under this title subject to all conditions
imposed in such permit unless otherwise provided herein. Such permit
may, however, be voided as provided in Section 5.2.7.
5.2.9. Existing Uses. Uses existing on the effective date of the
ordinance codified in this title which are listed as permitted in this
title, subject to a conditional use permit, in the zone in which they
are located, may continue without securing such a permit; however, any
extension or expansion of such use shall require a conditional use
permit.
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SECTION 5.3: ZONING AMENDMENT
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5.3.1. Purpose. Whenever public necessity, convenience and general
welfare require, the boundaries of the zones established by this
title, the classification of property uses therein or other provisions
of this title may be amended as follows:
40
10/6/87
;~ 1. By amending the zoning map, or
2. By revising the text of the ordinance.
Amendments of this ordinance and the map which is a part hereof, may
be initiated by:
1. The verified application of the owner or owners of property
which is proposed to be changed or reclassified.
2. By the adoption of a motion by the City Council setting the
matter for hearing and consideration.
5.3.2. Application for Amendment. Whenever the owner of any land or
building desires an amendment, supplement to, or change in the
regulations prescribed for his property, he shall file an application
with the Community Services Department.
5.3.3. Hearing Notice. Upon presentation of a completed application,
the City Clerk shall set the matter for hearing within 60 days and
shall give notice of the time and place of the hearing and the purpose
thereof in the manner described in Section 5.1.4.
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5.3.4. Council to Hold Public Hearings. Following the filing or
presentation of a proposed amendment, the City Council shall conduct a
duly advertised public hearing on the matter, public notice of which
shall be given as provided in Section 5.1.4. The hearing shall be
conducted within 60 days of receipt of an application or adoption of a
Council motion when the proposed amendment has been initiated by the
City Council.
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5.3.5. Council to Announce Decision. The City Council shall announce
its decision and authorize the preparation of an ordinance
incorporating the decision not more than ten (10) days following the
termination of proceedings of the hearings. The preamble to the
ordinance shall recite, among other things, the facts and reasons
which, in the opinion of the City Council, make the approval or denial
of the application for the amendment or appeal necessary to carry out
the general purpose of this title.
5.3.6. Notice of Decision of Council. Not later than twenty (20)
days following the decision of the City Council approving or denying
either an amendment to this title, or an appeal, one copy of such
ordinance shall be forwarded to the applicant at the address shown
upon the application, and one copy shall be attached to the file in
the case and the complete file returned to the City Clerk and the
Community Services Department for permanent filing.
If the amendment involves an amendment to the official zoning map,
the Community Services Department immediately following the
effective date of the ordinance shall cause the official zoning map
to be so modified. Copies of the modified map shall be available to
the public on request.
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41
10/6/87
SECTION 5.4 INTERPRETATIONS AND MINOR EXCEPTIONS
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5.4.1. Interpretations. The Director of Community Services shall
have the power to interpret the provisions of the Zoning Ordinance
when any ambiguity or lack of clarity exists. The Director of
Community Services shall have the authority to make minor exceptions
or adjustments to the standards contained in this Ordinance if such
exceptions are necessary to assure an equitable and reasonable
application of the Ordinance. Exceptions shall not result in the
reduction of any standard by an amount greater than ten percent
(10%). Any deviation from a standard which exceeds ten percent
shall be made only in accord with Section 5.1 (Variances) of this
Ordinance.
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5.4.2. Record of Interpretations. The Director of Community Services
shall keep a written record of interpretations made. Such record
shall briefly describe the interpretation made and the date of the
interpretation. The recor~ shall be available for public review at
all time s .
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5.4.3. Record of Exceptions. Any exception made in accord with the
provisions of this section shall be duly recorded in concise language
and with accompanying drawings as required. The record shall be filed
in the Department of Community Services by property location using a
street address or other reasonable system to permit reference to the
exception made at any future date.
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42
10/6/87