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Ordinance No. 975 1 2 3 4 ORDINANCE NO. 975 5 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 6 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 9 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 12 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: 16 and 17 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 28 III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -3- ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. III -4- 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 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, 5 or cause the same to be posted, in three (3) of the most public 6 places in the City of Vernon, to wit: the northwest corner of 7 38th Street and Santa Fe Avenue, the northeast corner of Leonis 8 Boulevard and Pacific Boulevard, and on the bulletin board in the 9 lobby of the City Hall of said City, located at 4305 Santa Fe 10 Avenue, all in the City of Vernon, County of Los Angeles, State 11 of California. 12 SECTlON 9: Effective Date. 13 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. ~ ~ ,/ ,4(, ~ THOMAS A. YBARRA, Mayor Pro-Tem ATTEST: ~, /1. ,/~ 6-- i/~~~ BRUCE V. MALKENHORST, C~ty Clerk -5- 10 11 12 13 14 15 16 17 1 STATE OF CALIPOHNIA ) ) 5S. 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORS'l', City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Ordinance, being 6 Ordinance No. 975 , WilS duly and regularly introduced 7 at a regular meeting of the City Council of the City of Vernon, 8 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: " AYES: Councilmen: Ybarra, Davis, McCormick, Gonzales NOES: Councilmcn: AliSENT: Councilmen: Malburg L- y~~ Bruce \T~-Md.lkcntiors t:---c [lye lerk 1~ 19 (SEAL) 20 21 22 23 24 25 26 27 28 -6- SUPPORTING DOCUMENTS ~ , DRAFT COMPREHENSIVE ZONING ORDINANCE C!TV OF VERNON o October, 1987 / Prepared by Cotton/Beland/Associates, Inc. .,~ #316 (, .~) 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 1 1 1 1 2 2 2 II. DEFINITIONS 3 III. ZONING DISTRICTS ~J 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) 11 11 11 12 12 15 18 20 21 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 22 22 27 27 / V. APPLICATION REGULATIONS AND PROCEDURES 5.1 Variances 5.2 Conditional Use Permit 5.3 Zoning Amendment 5.4 Interpretations and Minor Exceptions 30 33 40 42 ~ 10/6/87 o 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. u 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. ~ 1 10/6/87 / / o 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. u 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. / / '~ '-.oJ 2 10/6/87 o 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 o 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. / J 3 10/6/87 o 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 ,) 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. ,/ ,) V 4 10/6/87 o 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. ) 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 J 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. / 5 10/6/87 o 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 :J 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. ,/ SECTION 2.12 '':\ "',9 2.12.1. Non-Conforming Building or Structure, shall mean a building or portion thereof which was lawfully erected or altered and 6 10/6/87 '1 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 ~ 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. -", 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, ~ 7 10/6/87 o "'--' 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. <) 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. / / ;) " ''_. ..' i.~. . 8 10/6/87 o 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, o 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. 1'-':' .J 9 10/6/87 r; 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. ~ ,J / -."\ J 10 10/6/87 () 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 ,-"), .~\, ~ " 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. / / 11 10/6/87 o 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 u 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. / 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- ~) .~~ 12 10/6/87 o 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. o 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 / 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 ~) , . ,~." 13 10/6/87 ~'. ' 'j 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. ';J- " . 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 ,/ :) 14 10/6/87 o 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 J 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. / ,/ J 15 10/6/87 /" ,'} 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. . 3.6.4. Development Standards. The following development standards shall app'y to all land and structures in the M-2 (Heavy Industry) Zone: ~) 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. 'J 16 10/6/87 ~ 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. 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. / / J 17 10/6/87 o 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: o 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). ,/ 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. :~ ~ 18 10/6/87 f) 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 o 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 :::) 19 10/6/87 ~ 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. J 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. J 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. 20 10/6/87 ~~ / I 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 o 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. / / ~. ~~ 21 10/6/87 ~ 1:";'1 \ 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. " SECTION 4.2: OFF STREET PARKING AND LOADING FACILITIES ", 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. / r 22 10/6/87 ~ -"p 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. ,.J 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. / / 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. ...."\ ,3 Resident Dwelling Unit One (1) space per unit. 23 10/6/87 n '.. ' 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. .,) 24 10/6/87 ~ 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. '~ 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 / / ..~.:\. 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. 25 10/6/87 ~, Q 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 ~J 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. J' ~ . . - ...-. . 26 10/6/87 n 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. / / J 27 10/6/87 r\ \ j '.'- ,'" 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 / / 2. The proposed use will not adversely affect the surrounding area. J 28 10/6/87 ~ ;:) 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. ,~ 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. 29 10/6/87 ~ f. ~' t: . . ,.. ..' ~" " i: ;.t t:.~ ,/ ; "" fG.". ,.i;.i~ '-~;'t": ~ t.,' , .~: '.< ...... h;;~'~, " "~) 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. J 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. ,/ o 30 10/6/87 (~ 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: J 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 / ~ 31 10/6/87 ~ 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 ~ 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. ,/ J (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. 32 10/6/87 ~ (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. ~ 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, 33 10/6/87 ~ ~ 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. -) 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. / / 34 10/6/87 ~ ~ "7 t , 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, ~ 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, / / 35 10/6/87 ~ (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. ,/ (6) -) 36 10/6/87 ~ (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. ~ (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. ,/ } 37 10/6/87 ~ (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 ~.' .. ~ (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: / ~ ~. ~ p; 38 lO/6/87 ~, v' ," ." (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. / / ~ (11) The facility be deemed a qualifying facility pursuant to the Federal Energy Regulatory Commission. ..~, ...-;' 39 10/6/87 ~ (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. ~ 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. / / SECTION 5.3: ZONING AMENDMENT ) 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. ~ 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. ) 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. / / 41 10/6/87 SECTION 5.4 INTERPRETATIONS AND MINOR EXCEPTIONS ,,~" ;, !1',7.1,..~, .<!'".,. :'" ~~~:, li).... "'~_.' f.~.~:f'~~~;..:. ri'~ ,~. ~1:~!7 f.;-ff~; ~ '_ ,',r ~ 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. i,;:-:\, " ~-;~:~~~. ~)~';F '",- '.' Lf,.::C: 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 . ,- ~:",'~<','.,. 1'<,":,:,' ';'';.~.,:<.~. ;-. 'f 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. ~-:"~.:"~:_~"~ ".. /'...."" 11~~' " ~-l: ~ ,-" . r'.~~:~ ~;~ !~ /~\..f'~ 42 10/6/87