Ordinance No. 976
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ORDINANCE NO. 976
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON EXTENDING AND AMENDING INTERIM ZONING OR-
DINANCE NO. 975, MAKING FINDINGS WITH RESPECT
THERETO, DECLARING THE URGENCY THEREOF, AND THAT
IT WILL TAKE IMMEDIATE EFFECT
WHEREAS, the City Council of the City of Vernon adopted
the Gener.al Plan on September 3, 1974, and adopted Zoning Or-
dinance No. 856 effective August 1, 1975: and
WHEREAS, th'e City has been in the process of revising
said General Plan and Zoning Ordinance, a revised draft of which
was prepared in October, 1987: and
WHEREAS, the City Council pursuant to Resolution No. 5469
dated March 1, 1988, requested a six-month' s extension of time
from the Office of Planning and Research of the State of Califor-
nia in order to complete the revision of the General Plan: and
WHEREAS, the Office of Planning and Research by letter
dated March 23, 1988, granted a six-month's extension for prepar-
ing said general plan revision on the condition that all discre-
tionary land use projects approved by the City of Vernon shall be
"consistent with the proposed Vernon general plan": and
WHEREAS,
the proposed Vernon General Plan defines
categories of land use devoted to general industrial, heavy in-
dustrial, commercial/industrial, and public facilitiesj
institutional along with two overlay districts for which the 1975
Zoning Ordinance has no such comparable designations: and
WHEREAS, these categories have been designed to encourage
growth patterns in the City that are compatible with the in-
frastructure of the City which was established when it was incor-
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porated in 1905 and the street system which was laid out shortly
thereafter: and
WHEREAS, most streets in Vernon are of insufficient width
and cannot safely handle the large trucks that have been intro-
duced over the last decades.: and due to the intensive development
along the street right-of-way,
in most instances it is not
economically feasible to widen the streets to safely accOmmodate
today's large trucks: and
WHEREAS, the traffic problem is especially critical at
street intersections near large warehouse distribution facilities
and truck terlllinalswhich customarily handle large trucks, thus
directly contributing to the traffic problem: and
WHEREAS, by imposing development standards and restrict-
ing new construction of these facilities to the M-2 zone where the
street system is more compatible, it is anticipated that further
deterioration in traffic conditions will be halted and that over a
period of time the conditions will improve: and
WHEREAS, over the last decade the number of Vernon's in-
dustries has decreased as a direct result of industrial land 'Qeing
recycled for large warehousing: and
WHEREAS, the loss of manufacturing is detrimental to City
owned utilities since the large warehouses and truck terminals are
low water and power users, and since the loss in power and water
consumption places additional burdens on remaining manufacturing
facilities as they must pick up a proportionately larger share of
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operations: and
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WHEREAS, the loss of industries also results in a reduc-
tion of jobs in manufacturing which are normally filled by resi-
dents of the surrounding communities: and
WHEREAS, the Proposed General Plan meets these concerns,
but the 1975 Zoning Ordinance is not consistent therewith, and if
discretionary land use projects were adopted pursuant to the 1975
Zoning Ordinance, they would conflict with the Proposed General
Plan: and
WHEREAS, California Government Code Section 65858
author izes adopting, extending, and amending as an urgency
measure, an interim ordinance prohibiting any uses which may be in
conflict with 'a contemplated general plan which the legislative
body is considering or studying or intends to study within a
reasonable time: and
WHEREAS, Article IV, Section 4 of the Charter of the City
of Vernon authqrizes the City Council to declare that an ordinance
is "an emergency measure for the immediate protection of the
public peace, health, or safety and containing a statement of the
reasons for its urgency," and
WHEREAS, the Interim Zoning Ordinance No. 975, with the
amendments adopted herein, conforms to the Proposed General Plan
and prohibits any and all uses which conflict with the Proposed
General Plan: and
WHEREAS, amendments to the Inter im Zoning Ordinance No.
975 are being ~ecommended to clarify definitions and requirements
resulting from public input during previous public hearings and
meetings with numerous business interest groups and individuals:
and
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WHEREAS, the Amended Interim Zoning ordinance is more
consistent with the proposed General Plan which the City is man-
dated to use for all land use decisions during the General plan
extension period as approved by the State Office of Planning and
Research: and
WHEREAS, the extension and amendment of Interim Zoning
Ordinance No. 975 is necessary to protect the public safety,
health, and welfare; and failure to extend and amend it '. would en-
danger 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
employ.ees within the City of Vernon, would, interfere with the or-
derly study of the Proposed General Plan and applicable zoning al-
ternatives 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: and
WHEREAS, Interim Zoning Ordinance No. 975 will terminate
on May 20, 1988, and this Ordinance must be adopted as an emer-
gency ordinance for it to take effect immediately.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: Findings.
The City Council of the City of Vernon hereby finds and
determines that the recitals contained hereinabove are true and
correct.
SECTION 2: Amendment
Interim Zoning Ordinance No. 975 for the City of Vernon
is hereby. amended pursuant to Government Code Section 65858(e) as
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SECTION 7: Additional Findings.
A current and immediate threat to the pUblic health,
safety and welfare, exists in that the approval of additional sub-
divisions,' rezonings, land use permits, variances, building per-
mits 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 consis-
tent with the Proposed General Plan.
SECTION 8: Conflicts. Any ordinance, or parts of or-
dinances, resolutions,. or parts of resolutions, that are in con-
flict with this Ordinance, are hereby superseded during the pen-
dency of this Ordinance.
SECTION 9: Notice.
There being no newspaper printed, published or circulated
in the City of Vernon, the City Clerk is hereby directed to cer-
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tify to the passage of this Ordinance and shall post the same, or
cause the same to be posted, in three (3) of the most public
places in the City of Vernon, to wit:
the northwest corner of
38th Stre,et 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.
SECTION 10: Effective Date.
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This ordinance shall take effect immediately upon its
passage as an emergency ordinance and shall be in effect for an
additional period of ten (10) months and fifteen (15) days as
13 specified in Government Code Section 65858 unless earlier ter-
minated by adoption of a revised general plan and zoning or-
dinance.
This Ordinance may be extended by an ordinance of the
City Council for the term prescribed in said code section.
APPROVED AND ADOPTED this 17th day of May 1988.
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BRUCE V. MALKENaORST, City Clerk
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. 1 STATE OF CALIFORNIA )
) sSe
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Ordinance, being
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Ordinance No.
976
, was duly and regularly introduced
7 at a regular meeting of the City Council of the City of Vernon,
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held on
May 17, 1988
, and thereafter finally adopted
9 at a regular meeting of said City Council held on
May 17, 1988
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, by the following vote:
AYES:
Councilmen:
NOES:
Councilmen:
ABSENT:
Councilmen:
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~~ IIalkenhorst, city Clerk
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AFFIDAVIT OF POSTING
2 STATE OF CALIFORNIA )
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3 COUNTY OF LOS ANGELES) SS
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4 CITY OF VERNON . )
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I, BRUCE V. MALKENHORST, Ci ty Clerk 0 f the City
6 of Vernon, do hereby certify that I did, on the 18th day of
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May
, 19 88, post three (3) copies of
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Ordinance No. 976
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one in each of the following places, to wit:
At the northwest
lO corner of 38th Street and Santa Fe Avenue; at the northeast cor-
II ner of Leonis Boulevard and Pacific Boulevard; and on the bulletin
l2 board in the lobby of the City Hall of the City of Vernon, 10cat-
l3 ed at 4305 Santa Fe Avenue. all in said City, there being no
l4 newspaper of general circulation printed and published in the City
l5 of Vernon.
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Signed this 18th day of
May
, 19 88 .
BRU~~~j)
BY: .0l~
Gloria J. 0 os 0, Chief Deputy
me City Clerk
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Subscribed and sworn to before
this \~ day of NOj~
~.#;~
Notary Pti 1 c ~n an or t e County of
Los Angeles, State of California.
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. OFFICIAL SEAL
1tMON~
:z.-.COUN1Y
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SUPPORTING
DOCUMENTS
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I.
1.1 Titl
1.2 Purpose and Intent
1.3 Interpretation
1.4 Appl icabil ity
1.5 Vested Right
1.6 Severability
1.7 Violation Penalty
II.
PART I
INTRODUCTION
SECTION 1.1: TITLE
This ordinance and its accompanying map, shall~lbe known as the
"AMENDED INTERIM COMPREHENSIVE ZONING ORDINANC OF THE CITY OF
VERNON", and for convenience may be referred t, as the "ZONING
ORDINANCEa. I
SECTION 1.2: PURPOSE AND INTENT
The purpose of this ordinance is to consolidat and coordinate all
existing zoning regulations and provisions int one comprehensive
zoning plan in order to designate, regulate an restrict the size,
location and use of buildings, structures. and~land for residence,
commerce, trade, industry, OY' other purposes i order to protect the
public health, safety alid 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 Ithese regulations and
provides for the the administration of said regulations and their
enforcement.
SECTION 1.3: INTERPRETATION
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In their interpretation and application, the p OV1S10ns of this
Ordinance shall be held to be minimum requirem~nts for the
promotion of the public healtnt safety, comfor~, convenience and
general welfare. and shall not be deemed or construed to repeal,
amend, modify, alter, or change any other rule~, regulations, or
ordinance or any part or parts thereof not spe~ifically repealed,
amendedt modified, altered, or changed herein~_1 Wherever the _
requirements of this Ordinance are at variance Iwith the
requirements of any other lawfully adopted rul~, regulation, or
ordinance, the most restrictive or that imposi 9 the higher
standards shall govern.
SECTION 1.4: APPLICABILITY
1. Except as herein provided by this Ordinanc , no building or
structure or lot shall hereafter be used or oc upied and no
building or part thereof shall be erectedt mov~d, or altered
unless in conformity with the regulations hereiln specified for
the zone in which it is located and then only ~fter securing all
permits and licenses required by law and ordinance.
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2. No city official, officer, or employee or anyone acting upon
behalf of such person shall issue any license or permit for uses,
buildings, or purposes contrary to, or in violation of, the .
provisions of this Ordinance. . . .
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, or prOV1Slon of 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
any 0 or more sections, subsectfons,sentences clauses, or
phras e decl ared;nvalid or unconst ituti onal
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 definition.
2.4.3. Dwel1ingUnit, shall'mean one or more rooms arranged or used
as 1 iVing quarters by one family and containingQne kitchen, but
not more thahone kitchen.
SECTION 2.7
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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, domesti'c livestock, or. wild-
1 i fe, i nc 1 ud i ng those. materi a 1 s so defi ned by the federal or
state governmen
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: "
a. Cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or
incapacitating reversible illness; or
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b. Pose a substantial present or potential hazard t~ human
health or the environment when improperly treated" stored,
transpor di sposed of, or otherwi se managed. ~
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SECTION 2.9
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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
2.10.2. Lot, shall mean a contiguou~ 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:
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
2.12.1. Non-Confor;ming Building or Structure, shall mean a building
or portion thereof,whi.ch was/JawfullyerectedoraHered and
maintained but which because of the application of this O~dinanceto
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, association, social club, fraternal organization, .
corporation, estat., trust receiver, syndicate, municipal,. pol itical
or governmental co . ion, district, body, or. agency other than .
. Cit . .
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 pac ing of such goods for storage.
2.14.3. Render 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,
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 wit' incidental to a slaughterhouse, abattoir,
packi ng pl ant '1 ar establ i shment produci n9 food for human
consumption. '
2.16.6. Truck, Standard, shall mean a combination of vehicle~
consisting of atruck tractor and semitrailer, or of a truck ........,... .'
tractort semitrailer, and trailer, max. 65' in length as r~gulatedby
Cal Hornia Vehicle.Code5ection 35401(a).
2.16.7. Truck,Sales,Fabrication or Repair FacUity, shall mean
a lot or building orpartthereof used for the sales, fabrication
or manufacturing of trucks, ora truck repair activity either
related to truck sales or devoted exclusively to repair.
2.16.8. 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 andjor 2) any lot"
building or part of a building used primarily for the storage,
maintenancet or servicing of highway-type property-carrying.
vehicles.
SEcn ON 2. 17
2.17.1. Use, shall mean the purpose for which a lot or building
arrangedt designedt or intended or for which it is or may be,
occupied or maintained.
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DIVISION OF THE CITY INTO ZONES,
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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
.COMPREHENSIVE ZONING MAP
Made apart of this Ordinance is a map which shows the location
and boundaries of the various zones established by thi.s Ordinance.
be known, cited, and referred to as the '. .
. NGMAP OF THE CITY OF VERNONu.Said map,
'. tions, references, and other information
isnlUchapart of thi rdinance' s if
U forth b . s 'm
d. Where the zone boundary 1 i nes fo 11 ow a ra 11 road
right-of':way, said zone boundary lines shall be construed,
unless. otherwise indicated to be located midway between the
main tr . said rail road right-of-way. . .
SECTION 3.4: KEEPING OF MAP
The City C1 erk 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 previ qus ye r. ., '
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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-
street parking and loading facil ities, 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 mqre.
b. Hazardous Material s Processing Facil ities 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 printtng shops, restaurants and
coffee shops, and business and professional offices
which serve industry. .
3. surrounding streets and major streets providing access
to the project are adequate to accommodatethe<...
intensity of development proposed as established by
traffic ,studies Qt....other studies required by tljeCj
b. 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 permittedprovided such activities and
storage are not visible from the public right-of-way.
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 .
enclo:>ures.
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
propert' ine except that vibrations in excess of (0.02")
measu the property Hne may be permitted with.
condisepermit." " ,
a. All uses permitted in the M (General Industry Zone)
b. Warehouses, with a floor area of 50,000 square feet or
more.. .
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3.6.3. Uses Which May Be Permitted By Conditional Use Permit. T
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
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, subject to the development
standards contained in Section 3.5.5.
d.
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e.
1. the strict application of the ratio to industrial
fac il it i es wi th extens i ve conveyors, silos, towers,
tanks and related features makes floor area 1 imi tat ion
inappropriate, or
2. the proposed buildings or structures will not adversely
affect the ability of the Cityto 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.
c.
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;n 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 .'
wh i ch is obnoxi ous to or interferes wi th the, operat ion of adj acent
uses:
a. General offices which generate more than 20 vehicle trips
per 1.000 gross square feet of floor area per day as
determined by the cutrentTrip Generation, An Informational
Report issued by the Institute of Transportation Engineers.
or as determined by the Council after. an analysis of the
use.
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-
Industri. ' ne:" '
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
subject lot in such form or manner that they maybe
transferred off the lot by natural causes or forces.
Wastes which might cause fumes or dust, which constitute
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,
excess of two and seven tenths (2.7) by ten{1
elev h (11th) power microcuries .'mH
at a 'moment of : Transporta "
mater' ,. hall ermittedonly
b .
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,
tters.
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 cont ed in approved drain structu '
":C. ,'-, , " _,~ " ,_ ",- '_,' ,- },_ \:' ' , _, _ ~ _', ' " ,- _, , ",_. " , , - ,,' _,'0 _; _, '_,' "_ ';' '_',
:~,,:::,-,<,:;,;,:,,- :' ':: _ >,' -":::_'-'>-',:'<>", :' .-,..;' '::":,:i,:o'>>/~:",::,::,,,_,_\, ,_,...:.:""",:..._-,_" -~:" ,,'_'-";""~-<>',-_ ;->",~-<-",,:,'>_'
h. Maintenance. A 1 parking and loading areas a e 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.
Striping, marking, direction signs, lighting, screening and
all other improvements required by this section shall be
adequately maintained.
SECTION 4.3: STREET DEDICATIONS
4.4.2. Conforming Use in an Existing Building. An existing
building or a portion of an existing building containing a
conforming use at th,e passage of this Ordinance can not be
to a non-conforming use.
~
, ',';'i, " ; :\0",>' ',.,-'_ , '''',.' .>-,-:i-. " _:'_'<', '-',:;' ~','_,,/
4.4.3. Removal of Non-Conforming Bul1d1ng, Structures, and
Every non-conforming building, structure and use shall be completely
removed or al tered 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 or contains only parking or,
where the property has only mi nor, temporary or auxil i ary
buildings or structures: one year.
b. Where the nonconformity occurred as a result of the
adoption of Ordinance No. 752 on February 25, 1964:
forty (40) years of that adoption date
c. 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..
. ',' -,- - " ";'~'
d. Where the nonconformity results frpm
Ordinance: within forty (40 'ear.
3. The existing use does not require the number of spaces
specified by this ordinance.
SECTION 3.8: S(SLAUGHTERING) OVERLAY DISTRICT,
3.8.1. Purpose and Intent . The purpose of the S (Sl aughtering)
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.
3.8.2. Permitted Uses. Uses permitted by theunderlying 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
eve10pment Standards. Same as the underlying zone. In
the City Council may impose as a part of the conditional
t s .,' er requirements as are necessary to protect
the traffic, noise, odor, dust, vibration and
'p ssoci ated wi th the proposed sl aughtering
4.2.7. Minimum Truck Parking and loading Facility Requiremen
All commercial, industrial, warehouse, storage, institutional,
other buildings or uses requiring the receipt or dhtribution
goods, materials, merchandise or supplies by truck shall be
with adequate parking space for all such trucks, regar<:lJess.'
which are owned, 1 eased, rented, or otherwise retained on the
and shall also be provided with off-street loading space to .
accommodate trucks. being loaded" unloaded, or waiting to load'
unload, in accordance with the'following standards:
a. TRUCK PARKING
USE TYPE
One space per vehicle
based at this location
and stored at the site
when not in use; plus
one (1) space per 10,000
square feet of gross '
floor area.
Industrial, manufacturing
assembly, warehouses,
di stribut i onfaci lit i es,
storage, cold storage and
similar uses.
';, ","',' , -,
5.1.2. Authority to Grant a Variance.
,",', >';,-' --'-',-" -: ",(',-; " ',:",.-,,,'-,," ,,: '----';""'. ' ?:::
--", ':. ,'^-' :::;>'-:.> '- --, ,- .;-- - ':"',' - ,-:'- ,':< -' ~':\; /:'<,:,:' '. -<:-' :" -',: ,,:;',-:;,:'},::-
5.1.3. Initiation of , nee. The request .for ava anc be',
initiated by application signed by the owner or occupant of the property.
The application shall be in such form as may be prescribed by the
Department of Commun ity ,Servi ces and shall b,e completed and fil ed ,
with the Department of Community Services. There shall be a filing
fee for the fil ingof the application as set by the City Council.
5.1.4. Hearings, Notice. Following presentation of a completed
application to the Department of Community Services, the City Clerk
shall set the matter for a hearing in ,not less than ten (lO) days or
more than sixty (60) days and shall gi,ve notice of the t,ime and
place of the hearing and the purpose tllereof by two of the following
methods: ,', ' " " " l
a.
c. Notice shall be posted in three ()f,the most public pla
the City of Vernon, to wit: the northwest corner of3
Street and Sjlnta Fe Avenue; the rtheast corner of Le
Boulevard and Pacific Soulevard nd on the,bulletin
the lobby of the city hall ofs dCity, located at 4
" Fe Avenue; all in the City, of Vernon.tountyof (os A
State of Ca 11 forn i a not 1 s than t y~ before the
for the hearing. '. ' ,
;.,'~'\;:<;',/>,(:' - - \:",'./;< '-'-,:,;'::_'.,<~:,~_:,':':: ,::,:-~,';:,,',:,,<- ~:::- ,:':-::L"i~,>":' :,:,':~,':;:' :':::'-"',-'/ - '-:'_ _-,' -c;- <-
5.1.5. Hearing, Action of The Council. If from the facts presen e
at the public hearing or by an investigation at the instance of , '
the City Council, the City Council makes the finaings 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 an<l
condit ions as the City Counei 1 may deem proper to preserve the public
health, safety, conveni ence, and we 1 fare and the general intent a'1 "
purpose of this Ordinance. The City Council shall make its findin' ,.,,"
and determinations upon said application within thirty (30) days after
the conclusion cf any hearing held thereon and sh ai1a n f
such decision to the pplicant. '.
e. The granting of a variance must not constitute the granti
of a "special privilege" inconsistent with the limitation
on 0 her nearby properties., . . ' ." '.
If such reso u ionordersthat the vanancebegrantedt 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'
vari ance shall bec~me a permanent record in the fit esof the City
Clerk.
5.1. 7. Notice of Decisfon. 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 1n granting or denying a '
variance shall become final and effective ten (lO) 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 l,imit shan
stay the effective date of the 0 r until su .me as t
Council has acted on the a
5.1.11. Previously Granted Variance. Any varhnce granted pursuant
to any zoning ordinance enacted prior to the effective date of thi s
ordinance shall be construed to be a variance under this title "
subject to all conditions imposed in such permit unless otherwise,
prOVided herein. Su may, however, be voided as provided
Section 5.1.10. ',',,"
.
SECTION 5.2: CONDITIo.NAtUSE PERMIT
The City Council s~all have the authority, subject to the prOVisions
of the ordinance, to grant a Conditional Use Permit whenever it
finds the granting 'of said permit is consistent with the.
requirements, 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 ro erty owner or his authorized agent, to the
Department of Commun ervices, on a form prOVided for that
purpose by the Cit , sh 11 be accompanied by a fil ing fee in an
amount establishe ion of the City Council Ap lication ,.
for a Conditional shall consist of a com e
ditional Us ' 1 'attac t
e. That all the. conditions
such a use can met
"';/':>'~'?:';;_:''":'',,':' _'<-",',":'__,:" :_ ,_ -'_::': ,'.::--'" -< ,';-, , ",-,.-:-, ,,_c,
2. , Cogeneration facilities,
3. Freighting or trucking terminal
4.
5.
That the conditions stated in the decision are deemed
necessary' to protec~ the public health, safety and general
we 1 Such cond itt ions may i nc 1 ude:
1. ithout mitation
explosives, corrosives, ammunition, flammable liquids,
solvents, gasol ine. chemical S or combustibles may Qe'>
stored in the storage units,nor may any tenant engage
in any spray painting or sanding ,in the storage
facility; . ' '.,'.. , ,.
"';'~>'--- , i ',/-,' -,'~ ' -,;: '
''''-,''-,' ":',""> -'-- -, .
2. All storage units shall be equipped with landlord's
lock. Food storage shall be llmited to products that
are contained in cans or bottles; '"
3.
b. Cogenerat ion Faei 1 it i es .'
":';:'-_:,";:,;<-",.-<'"..',:""',:,~,:,'--:>"-:-_,': ,<-,-..,'"'-'- ;,:\,~:"":,:-'.-'--;-").-,,'d",:'>-',, _ '_. _' :," '<c,':,-"".',>'>;:",'
1. No building or structure shall be, )ocateclwithin ten ,. ' ",
feet of any property 1 ine abutting a street unless ",' ",.
noted otherwise in this s ion. All such required' ',,' ','
yards shall be landscaped prinklered in accordance,' '
wi th a plan approved by' muni ty , Servi ces , '
Department;' .. . ", "
.' . -'_. -.",' ',-,,,
',",<>'__,\ ','. _';'_,n">/ -><
2. The architectural charac f the proposed structures
sha 11 be based upon the appropri ate 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.
'~
!'
.
a. By amending the zoning map, or
b. By revising the text of the ordinance.
Amendments of this ordinance and the map which is a part hereof, may
be initiated by:
a. The verified application of the owner or owners of property
which is proposed to be changed or reclassified.
b. 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
regulatiollsprescribed for his property, he shall file an application
wi th ' .' , . s Department. ' '. ' , '
1,
, .
1
~
f
ENGINEER'S REPORT
ON AMENDED INTERIM ZONING ORDINANCE
DATED MAY, 1988
The City Council during its regular meeting on April 5, 1988
adopted as an Interim Zoning Ordinance, Draft Comprehensive
Zoning Ordinance dated October 1987. The necessity to adopt the
Interim Zoning Ordinance as an urgency measure in accordance with
Section 65858 of the Government Code resulted from delays ex-
perienced in adopting an updated Vernon General Plan and Com-
prehensive Zoning Ordinance consistent with the proposed General
Plan.
The City of Vernon engaged the services of
Cotton/Beland/Associates Inc. in 1984 to prepare an updated Ver-
non General Plan and Zoning Ordinance document. A five-member ad
hoc committee was appointed jointly by the City Council and Cham-
ber of Commerce to investigate, review, and comment on the
proposals. After extensive review and planning process the
proposed General Plan, the Draft Comprehensive Zoning Ordinance
dated October 1987, and environmental information was submitted
to the City Council under letter dated October 29, 1987.
Subsequently during public hearings on December 15, 1987,
February 2, 1988, and March 15, 1988 and after numerous meetings
with individuals interested in the proposed General Plan and
Zoning Ordinance, a number of revisions and additions to the
1
"
.
f
proposed documents have been considered.
The Central City South Association has filed a lawsuit
against the City of Vernon seeking to invalidate the City's 1974
General plan and a conditional use permit issued under said Plan.
The Association has also challenged the adequacy of the housing
element which was proposed as part of the review and development
of a new General Plan. City consultant Cotton/Beland/Associates
discussed the proposed housing element with the California
Department of Housing and Community Development during the fall
of 1986 after receiving a letter expressing the Department's con-
cerns, and was under the impression that a mutually acceptable
compromise had been reached. However, after the Association law-
suit was filed, the City received a second letter dated February
25, 1988 from the Department expressing its reservations with the
previous compromise proposed housing element and recommended fur-
ther study and consideration. As a result it was apparent to me
that additional studies will be required before the proposed
General Plan and Comprehensive Zoning Ordinance will receive the
Department's approval.
Therefore, on March 1, 1988 the City Council adopted a
Resolution requesting an extension of time in updating the City
of Vernon 1974 General Plan. The City proposed to use the 1974
General Plan, during the extension period, for all discretionary
land use projects. However the State Office of Planning and Re-
search did not approve the use of the 1974 General Plan during
2
the study period. The State Office of Planning and Research ap-
proved Vernon's request in a letter dated March 23, 1988
(received by City on March 28, 1988) for a 6-month extension
period subject to the following conditions:
During the effective period of this extension the City
shall not approve any discretionary land use project,...
unless it makes written findings, based upon substantial
evidence in the record, that said project is consistent
with the proposed V~rnon General Plan.
The letter then closed with another set of conditions:
During the effective period of this extension, the City
shall neither initiate, accept, process nor approve any
proposals or applications for General Plan amendments,
redevelopment plans, vesting tentative maps, or develop-
ment rights agreement (or other such agreements or
documents which vest and legally preclude unilateral
changes in land use by the City.)
The extension approval is very explicit in stating that
for the purpose of this extension:
"Discretionary land use project" includes zoning or-
dinance adoptions and amendments (including amendments
to the zoning map), specific plans (prepared and adopted
or amended pursuant to Government Code sections 65450 et
seq.), tentative subdivision maps (including parcel
maps, but excluding vesting tentative maps), conditional
3
use permits, variances, and public works/capital im-
provements projects (not including routine maintenance
of existing works and public works projects which are
needed for health and safety reasons).
"City" is defined to include the city council, city of-
ficials, and any commission, committee, board or in-
dividual delegated administrative responsibilities under
city ordinances and policies.
"Proposed Vernon general plan" is the document of the
same name that was submitted to the Office of Planning
and Research as part of the general plan extension ap-
plication. One function of the city council is to
refine the proposed plan, as necessary, prior to final
adoption. Therefore, the city council may make orderly
revisions to the proposed plan as it deems necessary
during its deliberations and prior to adoption.
"Consistent" means that, considering all its aspects,
the project will further the goals and policies of the
proposed Vernon general plan and will not obstruct their
attainment.
Considering the above, it is clear that the City cannot con-
tinue to follow the existing Zoning Ordinance adopted August 1,
1975 in discretionary land use policies and be consistent with
the proposed Vernon General Plan. The proposed Vernon General
Plan defines categories of land use devoted to general in-
4
dustrial, heavy industrial, commercial/industrial, and public
facilities/institutional along with two overlay districts. The
1975 Zonin~ Ordinance has no such comparable designations.
These designations have been designed to encourage growth
patterns in the City that are compatible with the infrastructure.
The City was incorporated in 1905 and the street system was laid
out shortly thereafter. As a result most streets in Vernon are
of insufficient width and cannot safely handle the large trucks
that have been introduced over the last decades. Due to the in-
tensive development along the street right-of-way, in most in-
stances it is not economically feasible to widen the streets to
safely accommodate today's large trucks.
The problem is especially critical at street intersections.
Large distribution facilities and truck terminals customarily
handle large trucks, thus they directly contribute to the traffic
problems. By imposing development standards and restricting new
construction of these facilities to the M-2 zone where the street
system is more compatible it is anticipated that further
deterioration in traffic conditions will be halted and that over
time the conditions will improve.
Over the last decade the number of Vernon's industries has
decreased. This is a direct result of industrial land being
recycled for large warehousing. The loss of manufacturing is
detrimental to City owned utilities, Loss in power and water
consumption places additional burden on remaining manufacturing
5
c
facilities as they must pick up a proportionately larger share of
the fixed costs associated with the water and power plant opera-
tions. Large warehouses and truck terminals are again low water
and power users. The loss of industries also results in a reduc-
tion of jobs in manufacturing which are filled by residents of
the surrounding communities.
Because the Draft Comprehensive Zoning Ordinance of October
1987 addressed these concerns, it was recommended that it be ap-
proved as the Interim Zoning Ordinance for the City of Verno~ in
order to provide consistency.
Government Code Sec. 65858 states that the interim ordinance
shall be of no further force and effect 45 days from adoption,
but the legislative body may extend the interim ordinance for 10
months and 15 days and subsequently extend the interim ordinance
for one year. However, if the City extends the Interim Zoning
Ordinance it must provide notice and hold a public hearing in or-
der to permit public comment from affected parties.
The 1974 Vernon General Plan has been challenged in court as
being inadequate, therefore it is very important that in all fu-
ture discretionary land use decisions the City follow the condi-
tions mandated by the State Office of Planning and Researoh in
their letter dated March 23, 1988 granting the General Plan Ex-
tension.
The Department of Community Services is faced with discre-
tionary land use decisions on a daily basis (parcel maps,
6
, ~
~
(
variances,conditional use permits, etc.) and therefore needs a
zoning ordinance in force that is consistent with the proposed
General Plan. A rational planning process is not possible
without an effective zoning ordinance; otherwise, all land use
decisions will be suspect.
Modifications to the October 1987 Interim Zoning Ordinance
I are bei;t>- ........~Oltmi('ffi'cre~clar~ definitions and requirements
result~om public input during previous public hearings and
,,-
meetings with numerous business interest groups and individuals.
It is believed that the Amended Interim Zoning Ordinance is more
consistent with the proposed General Plan which the City is man-
dated to use for all land use decisions during the General Plan
Extension period as approved by the State Office of Planning and
Research.
Therefore it is recommended that in order to maintain an
orderly development and planning process in the City and to avert
any threat to public health, safety, or welfare Interim Zoning
Ordinance No. 975 be amended in accordance with the Draft dated
May, 1988 and be extended for an additional 10 month and 15 days
as the Amended Interim Zoning Ordinance of the City of Vernon.
7
e
NOl'ICE OF EXEMPl'1~
e
RECEIVED
,JAN 9 1988
TO:
Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
x County Clerk
County of Los Angeles
PROM:
-::"Jtt,_:-'"~~ :f""'i.i","~"t....
Department of Community"'S~rVfc'es
c; 1")7 of Vprnon
L..1.0 5 ~;:m 1"::1 Fp A ~TPnl1 p
VernonR~D ~fftAL
NOV28,,1.988 K l E J
Project Title
Amendment of City of Vernon ("City") Amended Interim Zoning Ordinance No. 976
Project Location - SpecifiC-
".'.
tJ"
Within the corporate boundaries of the Charter City of Vernon within the Cmunty
of tos Angeles.
Project Location - City Project Location - County
City of Vernon County of Los Angeles
Description of Nature, Purpose, and Beneficiaries of Project_ Amendment of Amended
Interim Comprehensive Zoning Ordinance ("Ordinance")of the City to further clarify
definitional tems and application of the Ordinance while the City continues to
revise its General Plan and Zoning Ordinance. Beneficiaries of the project will
be owners, and lessees of property within the City, because of improved City services
occasioned through the development process and other members of the public, both
within the City and in adjacent areas because of improved in~rastructure
Name of Public Agency Approv1Jig Project,
City of Vernon
Name of Person or Agency Carrying Out Project
Victor H. Vaits. Director of Community Sery~ces
Exempt StatUS: (Check One)
~ Ministerial (Sec. 21080(b)(1); 15268); Government Code Section 65858
Declared Emergency (Sec. 21080(b)(3); 15269(a));
~ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)).
X OTHER: Sec. 15301 Existing Facilities
Reasons why project is exempt:
The amendment to the Zoning Ordinance establishes criteria for parking lots which
will improve traffic circulation. It also clarifies the usage and lifespan for
specific pre-existing warehouse/industrial buildings. ~~~2 ,WAS!ANl{)2 ~
...11 __.___._m .... ......................._._
DEPUrt '"' if CLERK
Contact Person
Victor H. Vaits, Director of Community Services (213)583-8811
If filed by applicant: N/A
1. Attach certified docwnent of exanption finding.
2. Has a notice of exemption been filed by the public agency approving the
project? Yes No
Date Received for Filing:- -;-
;(J G,0/ 17 #0& '~
Signature
Director of Co~nunity Services
Title
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RtCE!llED
JUN 1 7 1988
_f'"".!,
.~i.'fi/& orf~-//ti1'tJ
~Jf:... 43/5
June 16, 198'8
David B. Brearley, Esq.
City Attorney
City of Vernon
2440 South Haciend~ Boulevard
Suite 223
Hacienda Heights, California 91745
Re: Gity Ordinance No. 976
Dear Mr. Brearley:
This will confirm our telephonic conversation of
June l5, 1988, wherein you indicated that in response to our
office's request fora certified copy of the City file
concerning Ordinance No. 976 you would make available certified
copies of the materi'als which were before the' City Council at
its meeting of May 17, 1988 when it adopted Ordinance No. 976.
Very truly yours,
t:tL b.~
William D. Ross
WDR: dIg
Q
e.C.'''.~'
fl.. . ~Ii_ OFl'ICERS
JO ~~~.MALKENHORS~
c<<'f~~ i\dministrator/City Clerk
DAVID B. BREARLEY,
City Attorney
GEORGE F. BASS.
Fire Chief
CITY COUNCIL
, LEONIS C. MALBURG. Mayor
THOMAS A YBARRA, Mayor Pro- Tem
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
TELEPHONES
VICTOR H. V AITS,
Director of Community Service. '
CITY CLERK..............................583-8811
POLICE DEPT. ..........................587-5171
FIRE DEPT.............................,...583-4821
BUILDING DEPT......................583-8811
PUBLIC WORKS DEPT...........583-8811
HEALTH DEPT. ........................583-8811
LEWIS R. ADAMS,
Director of Water & Power
CITY HALL
AL ESPINOZA
Police Chief
4305 SANTA FE A VENUE, VERNON, CALIFORNIA 90058
June 3, 1988
In Reply Refer to:
William D. Ross, Esq.
Ross & Scott
60l West Fifth Street, 5th Floor
Los Angeles, CA 90071-2094
Re: Request for City Documents.. City Ordinance No. 976
Dear Mr. Ross:
In response to your letter of May 20, 1988, requesting a cer-
tified copy of all City documents pertaining to Ordinance No.
976, more specific clarification is, needed before the City can
respond to your request. Specifically, the following needs to be
. clarified:
1. Are you asking for all documents generated during the 45
days a,fter the adoption of the initial Interim Zoning Ordinance
No. 975 on April 5, 1988, or documents prior thereto also?
2. If your asking for documents prior thereto, the Ci ty
Clerk will need some guidelines. The General Plan al1G zoning
,hearings beginning on December' l5, 1987, and the applicaf;.,1.on for
an extension from the Office of 'Planning and Research constitute
background materials to the adoption of the Interim Zoning Or-
dinance. '
,If you have any questions, please do not hesitate to call me.
Very truly yours,
7)~ 6. ~~
DavidB. Brearley
City Attorney
DBB: j 1
cc:: Mr. Bruce V. Malkenhorst,~
(Dictated But Not Read)
,..
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.
A' 1 n
tr'\Y CITY COUNCIL ,
LIWNIS C. MALBURG, Mayor
HOMAS A YBARRA, Mayor Pro- Tem
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
TELEPHONES
CITY CLERK ..............................583-8811
POLICE DEPT. ................"..,.....587-5171
FIRE DEPT..............,..................5K~.4821
BUILDING DEPT........,....,........583-8811
PUBLIC WORKS DEPT, ..........583-8811
HEALTH DEPT. ...............,..,.....583-8811
CITY HALL
4305 SANTA FE A VENUE, VERNON, CALIFORNIA 90058
In Reply Refer to:
June 14, 1988
Cor in L. Kahn, Esqu~re
Ross & Scott
601 West Fifth Street
Los Angeles, CA 90074-2094
Subject: Request for Documentation
Dear Mr. Kahn:
/1 vtPZ/([ \{~,
fP 1tJ,' OFFICERS
uJIf:"
, B lIel<; V.MALKENHORST,
~ ( C;', Ad~i.i."....,c;"C"'k
DAVID B. BREARLEY,
City Attorney
VICTOR H. VAITS,
Director of Community Services
LEWIS R. ADAMS,
Director of Water & Power
GEORGE F. BASS,
Fire Chief
AL ESPINOZA
Police Chief
I have requested the City Clerk to prepare copies of the
documents which were presented to the City Council at its hearing
on Ordinance No. 976 on May 17, 1988. Mr. Victor Vaits will also
prepare copies of the reports and materials which he used in
making his presentation in support of the Ordinance. A certifi-
cate will be prepared for each document.
However, no "certified copy" of the complete file is
required by the Public Records act and none will be issued. It
has been necessary to take this approach because your office in
its "Further Response of Petitioner Central City South
Association" (pp. 26-27) misconstrued the certificate which Mr.
Vaits gave to you on December 22, 1987.
If there are other documents which you believe we over-
looked, please advise me. Since you have declined to list
specific documents in your request every good faith effort has
been made to ascertain the documents which you require.
Very truly yours,
~~,~~
David B. Brearley .
City Attorney
DBB:klc
cc: B. V. Malkenhorst
V. Vaits
-, ., :. (Z/
CITY COUNCIL
LEONIS C, MALBURG, Mayor
THOMAS A YBARRA, Mayor Pro-Tern
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
TELEPHONES
CITY CLERK...................,..........583-8811
POLICE DEPT. ..........................587-5171
FIRE DEPT. ...............,................583-4821
BUILDING DEPT..,...................583-8811
PUBLIC WORKS DEPT. ..........583-8811
HEALTH DEPT. ..................,.....583-8811
OFFICERS
BRUCE V. MALKENHORST,
City Administrator/City Clerk
DAVID B. BREARLEY,
City Attorney
VICTOR H. V AITS,
Director of Community SerVices
LEWIS R. ADAMS,
Director of Water & Power
GEORGE F. BASS,
Fire Chief
CITY HALL
AL ESPINOZA
Police Chief
4305 SANTA FE A VENUE, VERNON, CALIFORNIA 90058
May 5, 1988
Honorable City Council
City of Vernon
Vernon, CA 90058
Gentlemen:
In Reply Refer to:
V-lo
our consideration is proposed
ated May 1988 and the following
1. Engineer's Report on Amended Interim Zoning Ordinance, dated May 1988.
2. Notice of public hearing, and affidavit of posting, mailing and publication.
It is recommended that the proposed Ordinance No. 976 Amended Ihberim Zoning
Ordinance, dated May 1988 be approved in accordance with Section 65858 of the
Government Code.
~:
VHV:ps
Enclosures
tc: City Attorney
cc: City Administrator
Re, s, pe:tfu" lly su~m~tte,d',' /
.t/!c.~ // ~,h
Victor H. Vaits
Director of Community Services
~
~ ,.
ENGINEER'S REPORT
ON AMENDED INTERIM ZONING ORDINANCE
DATED MAY, 1988
The City Council during its regular meeting on April 5, 1988
adopted as an Interim Zoning Ordinance, Draft Comprehensive
Zoning Ordinance dated October 1987. The necessity to adopt the
Interim Zoning Ordinance as an urgency measure in accordance with
Section 65858 of the Government Code resulted from delays ex-
perienced in adopting an updated Vernon General Plan and Com-
prehensive Zoning Ordinance consistent with the proposed General
Plan.
The City of Vernon engaged the services of
Cotton/Beland/Associates Inc. in 1984 to prepare an updated Ver-
non General Plan and Zoning Ordinance document. A five-member ad
hoc committee was appointed jointly by the City Council and Cham-
ber of Commerce to investigate, review, and comment on the
proposals. After extensive review and planning process the
proposed General Plan, the Draft Comprehensive Zoning Ordinance
dated October 1987, and environmental information was submitted
to the City Council under letter dated October 29, 1987.
Subsequently during public hearings on December 15, 1987,
February 2, 1988, and March 15, 1988 and after numerous meetings
with individuals interested in the proposed General Plan and
Zoning Ordinance, a number of revisions and additions to the
1
. .
proposed documents have been considered.
The Central City South Association has filed a lawsuit
against the City of Vernon seeking to invalidate the City's 1974
General plan and a conditional use permit issued under said Plan.
The Association has also challenged the adequacy of the housing
element which was proposed as part of the review and development
of a new General Plan. City consultant Cotton/Beland/Associates
discussed the proposed housing element with the California
Department of Housing and Community Development during the fall
of 1986 after receiving a letter expressing the Department's con-
cerns, and was under the impression that'a mutually acceptable
compromise had been reached. However, after the Association law-
suit was filed, the City received a second letter dated February
25, 1988 from the Department expressing its reservations with the
previous compromise proposed housing element and recommended fur-
ther study and consideration. As a result it was apparent to me
that additional studies will be required before the proposed
General Plan and Comprehensive Zoning Ordinance will receive the
Department's approval.
Therefore, on March 1, 1988 the City Council adopted a
Resolution requesting an extension of time in updating the City
of Vernon 1974 General Plan. The City proposed to use the 1974
General Plan, during the extension period, for all discretionary
land use projects. However the State Office of Planning and Re-
search did not approve the use of the 1974 General Plan during
2
the study period. The State Office of Planning and Research ap-
proved Vernon's request in a letter dated March 23, 1988
(received by City on March 28, 1988) for a 6-month extension
period subject to the following conditions:
During the effective period of this extension the City
shall not approve any discretionary land use project,...
unless it makes written findings, based upon substantial
evidence in the record, that said project is consistent
with the proposed Vernon General Plan.
The letter then closed with another set of conditions:
During the effective period of this extension, the City
shall neither initiate, accept, process nor approve any
proposals or applications for General Plan amendments,
redevelopment plans, vesting tentative maps, or develop-
ment rights agreement (or other such agreements or
documents which vest and legally preclude unilateral
changes in land use by the City.)
The extension approval is very explicit in stating that
for the purpose of this extension:
"Discretionary land use project" includes zoning or-
dinance adoptions and amendments (including amendments
to the zoning map), specific plans (prepared and adopted
or amended pursuant to Government Code sections 65450 et
seq.), tentative subdivision maps (including parcel
maps, but excluding vesting tentative maps), conditional
3
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use permits, variances, and public works/capital im-
provements projects (not including routine maintenance
of existing works and public works projects which are
needed for health and safety reasons).
"City" is defined to include the city council, city of-
ficials, and any commission, committee, board or in-
dividual delegated administrative responsibilities under
city ordinances and policies,
"Proposed Vernon general plan" is the document of the
same name that was submitted to the Office of Planning
and Research as part of the general plan extension ap-
plication. One function of the city council is to
refine the proposed plan, as necessary, prior to final
adoption. Therefore, the city council may make orderly
revisions to the proposed plan as it deems necessary
during its deliberations and prior to adoption.
"Consistent" means that, considering all its aspects,
the project will further the goals and policies of the
proposed Vernon general plan and will not obstruct their
attainment.
Considering the above, it is clear that the City cannot con-
tinue to follow the existing Zoning Ordinance adopted August 1,
1975 in discretionary land use policies and be consistent with
the proposed Vernon General Plan. The proposed Vernon General
Plan defines categories of land use devoted to general in-
4
"
,
dustrial, heavy industrial, commercial/industrial, and public
facilities/institutional along with two overlay districts. The
1975 Zoning Ordinance has no such comparable designations.
These designations have been designed to encourage growth
patterns in the City that are compatible with the infrastructure.
The City was incorporated in 1905 and the street system was laid
out shortly thereafter. As a result most streets in Vernon are
of insufficient width and cannot safely handle the large trucks
that have been introduced over the last decades. Due to the in-
tensive development along the street right-of-way, in most in-
stances it is not economically feasible to widen the streets to
safely accommodate today's large trucks.
The problem is especially critical at street intersections.
Large distribution facilities and truck terminals customarily
handle large trucks, thus they directly contribute to the traffic
problems. By imposing development standards and restricting new
construction of these facilities to the M-2 zone where the street
system is more compatible it is anticipated that further
deterioration in traffic conditions will be halted and that over
time the conditions will improve.
Over the last decade the number of Vernon's industries has
decreased. This is a direct result of industrial land being
recycled for large warehousing. The loss of manufacturing is
detrimental to City owned utilities. Loss in power and water
consumption places additional burden on remaining manufacturing
5
facilities as they must pick up a proportionately larger share of
the fixed costs associated with the water and power plant opera-
tions. Large warehouses and truck terminals are again low water
and power users. The loss of industries also results in a reduc-
tion of jobs in manufacturing which are filled by residents of
the surrounding communities.
Because the Draft Comprehensive Zoning Ordinance of October
1987 addressed these concerns, it was recommended that it be ap-
proved as the Interim Zoning Ordinance for the City of Vernon in
order to provide consistency.
Government Code Sec. 65858 states that the interim ordinance
shall be of no further force and effect 45 days from adoption,
but the legislative body may extend the interim ordinance for 10
months and 15 days and subsequently extend the interim ordinance
for one year. However, if the City extends the Interim Zoning
Ordinance it must provide notice and hold a public hearing in or-
der to permit public comment from affected parties.
The 1974 Vernon General Plan has been challenged in court as
being inadequate, therefore it is very important that in all fu-
ture discretionary land use decisions the City follow the condi-
tions mandated by the State Office of Planning and Research in
their letter dated March 23, 1988 granting the General Plan Ex-
tension.
The Department of Community Services is faced with discre-
tionary land use decisions on a daily basis (parcel maps,
6
~
variances, conditional use permits, etc.) and therefore needs a
zoning ordinance in force that is consistent with the proposed
General Plan. A rational planning process is not possible
without an effective zoning ordinance; otherwise, all land use
decisions will be suspect.
Modifications to the October 1987 Interim Zoning Ordinance
are being recommended to clarify definitions and requirements
resulting from public input during previous public hearings and
meetings with numerous business interest groups and individuals.
It is believed that the Amended Interim Zoning Ordinance is more
consistent with the proposed General Plan which the City is man-
dated to use for all land use decisions during the General Plan
Extension period as approved by the State Office of Planning and
Research.
Therefore it is recommended that in order to maintain an
orderly development and planning process in the City and to avert
any threat to public health, safety, or welfare Interim Zoning
Ordinance No. 975 be amended in accordance with the Draft dated
May, 1988 and be extended for an additional 10 month and 15 days
as the Amended Interim Zoning Ordinance of the City of Vernon.
7
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
I. Patricia Salerno, declare as follows:
1. That I am employed in the Community Services Department in the
position of Secretary.
2. That on May 5. 1988 I mailed a copy of "NOTICE OF PUBLIC HEARING
TO EXTEND AND/OR AMEND THE INTERIM ZONING ORDINANCE OF THE CITY OF VERNON"
to the interested parties on the attached list, by depositing said copies
in the United States Mail, with postage fully prepaid.
(l~~)
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PROOF REPORT
Ma y 5, 1 ;;88
~~,u fTL~ t-:,
Lc:1,bel Addt-E:s,s:,
---------..-...--.--.-...-.-...
~l~:g~ t- F :L~_!..~1.2,
00001
Jeff Little
J.J. Little & Company
3700 Santa Fe Avenue
Vernon, CA 90058
I"!I~/I"!s: Mt-.
Phone~
Date : 05/0::-:'/88
Title:
1 :
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..;.. ~
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00002
Bt-ian Web~?t-
Santa Fe Pacific Realty
2 N. Lake Stt"eet
Suite 550
Pasadena, CA 91105
Mt-/1'1s: Mt-.
Phone:
Date : 05103/88
Title:
1 :
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...:.. ..
"":;.
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Ralph Horowitz
350 Figueroa Street
Los Angeles CA 90071
1"1 r 1 t'1s : t.1t-.
Phone:
Date : 05/03/88
Title:
1 :
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00004
Seymour Lehret-
2300 E. 11th Street
Los Angeles, CA 90023
Mr/Ms: Mr.
Phone:
Date : 05/0:::;;/88
Title:
1 :
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00005 Claude l",'anGot-den I"lt-/Ms: Mr. i :
L.A. By Pt-oducts Phone: ""') II
..:...
1810 E. 25th Street Date : 05/03/88 '. .
,_I II
Los Angeles, CA 90058 Title:
/ /
00006 Jim Highland I"ir IMs: Mr. 1 :
Heger Company Phone: 2:
5657 E. Washington Blvd. Date 05/03/88 ~
: " .
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Commet-ce, CA 90040 Title:
1
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00007
00008
00009
00010
00011
00012
PROOF REPORT
1"1 a y 5 ~ 1988
b_abel Addres~~
Roy C. Di:-:on
Southern Pacific Trans. Co.
610 S. Main Street
542 Pacific Electric Bldg.
Los Angeles~ CA 90014
li-Jilliam Dt-iscoll
Dt-ew 8~ Dt-iscoll
251 S. Lake Street
Suite 107
Pasadena, CA 91101
Richard Pad::er
Parker Trucking Company
4520 Maywood Avenue
Vernon, CA 90058
Sidney Title
9021 Melrose Avenue
Suite 307
Los Angeles, CA 90069
Done'll d I'1cAbee
CALMAT
F' . 0 . BO}: 2950
Termina I Anne};
Los Angeles, CA 90051
Stanley W. Lamport
Cox, Castle & Nicholson
Two Century Plaza - 28th Floor
2049 Century Park East
Los Angeles~ CA 90067
Mr/Ms: Mr.
PhonE~ :
Date : 05/03/88
Title:
1''It- / t'ls : Mr.
Phone: 818-795-2801
Dat.e : 05/03/88
Title:
Mt-/l"is: Mr.
Phone:
Date: 05/0::::;/88
Tit.IE':
Mr/Ms: Mt-.
Phone:
Date : 05/03/88
Title:
l"lr /Ms: Mr.
Phone:
Date : 05/03/88
Title:
Mr/Ms:
Phone:
Date :
Title:
Mt- .
21 :;- 277 -4. 22:'~
05/03/88
Attorney
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00013
00014
00015
00016
00017
00018
PROOF REPORT
I"ia y 5 ~ i 988
b._a be 1 ?\f~ d ,!:~! ~~,
Donald K. Denbo
Pep Boys
1122 Washington Boulevard
Los Angeles~ CA 90015
Carl J. West
HAHt\! f~ HAHN
301 East Colorado Suite 900
Post Office Bin B
Pasadena~ CA 91109
H. P. Long
Vernon Warehouse
P . O. Em: 58426
Vernon~ CA 90058
H. P. Long
Sweetener Products
P.O. Bm: 58426
Vernon~ CA 90058
Robel,-t W. Ewt-y
Pacific Cold Storage
3420 E. Vernon Avenue
Los Angeles~ CA 90058
L. R. Luppen
'Metal Products
3864 Santa Fe Avenue
Los Angeles CA 90058
u~; e LE,;b,,~J..fI,~,
1'1r-ll"is:
Phone:
Date :
Title:
1 :
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213-"745-5645 2:
05/03/88 3:
Secretary and General Counsel
l"it-/Ms: Mr-.
Phone: 213-681-6948
Date : 05/03/88
Title:
1 :
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Mt-/Ms: 1"1r-.
Phone: 213-234-3326
Date : 05/0::::;/88
Title:
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I"lt-/l"ls: Mr'.
Phone: 213-234-2200
Date : 05/0::;:;/88
Title:
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t1r /Ms: Mr-. 1 :
Phone: 213-581-3021 "'.'.
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Da,te 05/0::;:;/88 -
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Title: Chief E:.:ecutive Officet-
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Phone: 213-581-8121 -""7' .
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Date : 05/03/88 " .
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Title: Pt-esiden t
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0001'7'
00020
00021
00022
00023
00024
Label Address,
Johnson Wong
Evergreen Scientific
P .0. Bm~ 58248
Los Angeles~ CA 90058
Nathan Smooke
P.O. Bo:'~ 1::11
Los Angeles~ CA 90053
Louis Kestenbbaum
Elkay Plastics Co.~ Inc.
P.O. Bm: 23008
Los Angeles~ CA 90023
Lester L. Gautier
Gautier Land Company
1549 Meadowbrook Road
Altadena~ CA 91101
Ronald J. Roland
The Inland Gt-OUP
Inland Kenworth~ Inc.
2757 Leonis Boulevard
Los Angeles~ CA 90058
PROOF REPORT
Ma'y' 5 ~ i 98B
Mr/Ms: t''1t-.
Phone: 213-583-1331
Date : 0:;;/0:::::/88
Title:
I"ir/Ms: Mt-.
Phone: 213-624-8361
Date : 05/03/88
Title:
Mt-/l"ls: Mt-.
Phone: 213-263-7073
Date : 05/03/88
Title: Pt-esident
Mt-/Ms: Mr.
Phone:
Da,te : 05/03/88
Tit.le: President
Mr/Ms:
Phone:
Date :
Title:
Mt- .
213-582-7271
05/03/88
Assistant Manager
William D. Ross Mr/Ms: Mr.
Ross & Scott Phone: 213-680-9646
A Professional Corporation Date : 05/03/88
601 West Fifth St. -Fifth FIr Title:
Los Angeles~ CA 90071
4
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00026
00027
00028
0002<7'
00030
PROOF REPORT
I'iay 5 ~ 1988
L,abel {:.)cldt-e?s;
Dale J. Goldsmith
Alschuler, Grossman & Pines
Twelfth Floot-
1880 Century Park East
Los Angeles~ CA 90067
Linda BCJZung
Jones~ Day, Reavis & Pogue
355 S. Grand Avenue
Suite 3000
Los Angeles CA 90071
CALMAT PROPERTIES
3200 San Fernando Road
Los Angeles~ CA 90065
Ron Matik
5370 E. Broad~"J<::lY
Long Beach~ CA 90803
Laure 1 A. Dt-um
Dt-el--J fl( Dr i sco 11
251 South Lake Avenue
Suite 607
Pasadena, CA 91101
Lucille R. Allard
State of California
5261 E. Beverly Boulevard
Los Angeles~ CA 90022
Mr-/I'is: Mt-.
Phone: 213-552-6077
Date : 00/00/00
TitlE:::
f'1I'-/Ms: 1"15.
Phone: 213-253-4439
D,::l tE::~ : 00/00/00
Title:
I"ir IMs:
PhonE~ :
Date : 05/03/88
Title:
Mr'/l"ls: I"lt-.
Phone:
D':lte : 05/03/88
Title:
t1r'/Ms:
Phone:
Date : 05/03/88
Title: Legal Assistant
Mr/Ms: Ms.
Phone: 213-721-5557
Dat.e : 05/0~~:;/88
Title: Assemblywoman
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NOTICE OF PUBLIC HEARING
'1'0 EX'l'Eh"D Ah"D lOR A.l1Eh"D
THE Ih"'l'ERIM ZONING ORDINANCE
OF THE CITY OF VERNON
Notice is hereby given that a public hearing to consider the extension of
the Interim Zoning Ordinance No. 975 for the City of Vernon pursuant to Government
Code Section 65858(a) and its proposed amendments pursuant to Government Code
Section 65858(e) is scheduled for May 17, 1988, at 5:00 p.m. in the City Council
Chambers located at 4305 Santa Fe Avenue, Vernon, CA 90058.
A copy of the Interim Zoning Ordinance and its proposed amendments is available
for publi.c reviet.;r from 7: 00 a.m. to 5:30 p.m. Monday through Thursday at:
Commun:i.ty Services 'Department '
City C!if Vernon
4305 Santa Fe Avenue
Vernon,CA 90058
Copies of the docutnents can be purchased for Five Dollars ($5.00) each.
If you challenge the Interim Zoning Ordinance and its proposed amendments,
or any provision thereof in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in tbis notice or
in written correspondence delivered to the City of Vernon at, or prior to,
the publiC hearing.
j/4~/y
BRUCE V. MALKENHORST, City Clerk /'.,/
Dated: 54-/f r ~~',/
I /
/
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On May 17, 1988 the staff of the City of Vernon will recommend to the City
Council that the two public hearings which were continued to that date on the
General Plan and Comprehensive Zoning Ordinance be discontinued and terminated
until further notice.
The State Department of Housing and Community Development, after reviewing
Vernon's proposed General Plan Housing Element, has indicated that additional
studies are required to determine the adequacy of the Housing Element provided
in the proposed General Plan.
The City of Vernon:'-is ,engaging:the servicesdf,Agcijanian andAssQc.:i!.a~es:to
perform a housing study to adequately and fully respond to the issues raised
by H.C.D.
After:the City receives and reviews the studies and reports relating to
the Housing Element the City will prepare a new proposed General Plan and Zoning
Ordinance in order to incorporate and reflect the results of the consultants
activities and thereafter schedule a public hearing to'consider ,the proposed
General ,Plan and Zoning Ordinance.,
However, the City Clerk has scheduled a public hearing to consider the extension
and amendment of the Interim Zoning Ordinance No. 975. The public hearing on
the Interim Zoning Ordinance is schedlued for May 17, 1988.
/
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AFFIDAVIT or POSTING
2 STATE or CALIFORNIA )
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3 COthITY or LOS ANGELES ) ss.
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4 CITY or VERNON )
5 I, Samuel "Kevin" Wilson, Civil Engineering Associate of the City of
61 Vernon, do hereby certify that I did, on the 4th day of May, at 3:50 p.m.
i post three (3) copies of "NOTICE OF PUBLIC HEARING" original attached,
8 one in each of the following places, to WIt: At the northwest corner
9 of 38th Street and Santa Fe Avenue, at the northeast corne~ of Leonis
10 Boulevard and Pacific Boulevard, and on the bulletin board in the lobby
11 c: the City Ball of the City of Vernon, located at ~305 Santa Fe Avenue,
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~ all in said City, there being no newspaper of general circulation printed
13 and published in the City of Vernon.
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Signed this 51"11 day of /If/J;/
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1988.
Subscribed and sworn to before tile
this S~ day of t'-\o...\.~ 1988.
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_"J ~ o...,-~\........ ':\... ~ - .'- "':..J....L.t- __~
Notary Public in and for the County of
Lo~ Angeles, State of California
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My Comm. Exp. May 20.1991 -l
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OFFICIAL. SEA\.
SHARON L DUCKWORTH
Notary PubIIo-Calllomla
LOS ~GELES COUNTY
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NOTICE OF PUBLIC HEARING
TO EXTEND AND lOR "AMEND
THE INTERIM ZONING ORDINANCE
OF THE CITY OF VERNON
Notice is hereby given that a public hearing to consider the extension of
the Interim Zoning Ordinan~e No. 975 for the City of Vernon pursuant to Government
Code Section 65858(a) and its proposed amendments pursuant to Government Code
Section 65858(e) is scheduled for May 17, 1988, at 5:00 p.m. in the City Council
Chambers located at 4305 Santa Fe Avenue, Vernon, CA 90058.
A copy of the Interim Zoning Ordinance and its proposed amendments is available
for public review from 7:00 a.m. to 5:30 p.m. Monday through Thursday at:
Connnunity Services Department
City 0f Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Copies of the documents can be purchased for Five Dollars ($5.00) each.
If you challenge the Interim Zoning Ordinance and its proposed amendments,
or any provision thereof in court, you may be limited to raising only those issues
you or someone else raised at the publiC hearing described in this notice or
in written correspondence delivered to the City of Vernon at, or prior to,
the public hearing.
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BRUCE V. MALKENHORST, City Clerk
Dated: ~1.n/
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On May 17, 1988 the staff of the City of Vernon will recommend to the City
Council that the two public hearings which were continued to that date on the
General Plan and Comprehensive Zoning Ordinance be discontinued and terminated
until further notice.
The State Department of Housing and Community Developmen~, after reviewing
Vernon's proposed General Plan Housing Element, has indicated that additional
studies are required to determine the adequacy of the Housing Element provided
in the proposed General Plan.
The City of Vernon' is engaging the services of Agajanian and Associat:es to
perform a housing study to adequately and fully respond to the issues raised
by H.C.D.
After the City receives and reviews the studies and reports relating to
the Housing Element the City will prepare a new proposed General Plan and Zoning
Ordinance in order to incorporate and reflect the results of the consultants
activities and thereafter schedule a public hearing to consider the proposed
General Plan and Zoning Ordinance.
However, the City Clerk has scheduled a public hearing to consider the extension
and amendment of the Interim Zoning Ordinance No. 975. The public hearing on
the Interim Zoning Ordinance is schedlued for May 17, 1988.
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AMENDED
COMPREHENSIVE ZONING ORDINANCE
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CITY OF VERNON
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May 17 t 1988
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ZONING ORDINANCE
TABLE OF CONTENTS
SECTION PAGE
I. INTRODUCTION
1.1 Title
1.2 Purpose and Intent
1.3 Interpretation
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1.5 Vested Right
1.6 Severability
1.7 Violation Penalty
II.
DEFINITIONS
III.
ZONING DISTRICTS
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 Zone (M)
3.6 Heavy Industry Zone (M-2)
3.7 Commercial/Industrial Zone (C-M)
3.8 S (Slaughtering) Overlay District
3.9 R (Rendering) Overlay District
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
V. APPLICATION REGULATIONS AND PROCEDURES
5.1 Variances
5.2 Conditional Use Permit
5.3 Zoning Amendment
5.4 Interpretations and Minor Exceptions
COMPREHENSIVE ZONING MAP OF THE CITY OF VERNON
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PART I
INTRODUCTION
SECTION 1.1: TITLE
This ordinance and its accompanying map, shall be known as the
"COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VERNON", and for
convenience may be referred to as the llZONING ORDINANCEll.
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.
SECTION 1.3: INTERPRETATION
In their interpretation and application, the provisions 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 is located and then only after securing all
permits and licenses required by law and ordinance.
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2. No city official, officer, or employee or anyone acting upon
behalf of such person shall issue any license or permit for uses,
buildings, or purposes contrary to, or in violation of,the
provisions of this Ordinance.
SECTION 1.5: VESTED RIGHT
Nothing in this ordinance shall create or be construed to create
any vested right in any person.
SECTION 1.6: SEVERABILITY
Should any section, subsection, clause, or provlslon of this
Ordinance for any reason be held to be invalid or
unconstitutional, such invalidity or uncons~itutionality 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.
SECTION 1.7: VIOLATION PENALTY
No person shall violate any provision or fail to comply with any of
the requirements of this Ordinance or any conditions imposed in the
granting of permits subject to this ordinance. Any person violating
any of the provisions or failing to comply with any of the
requirements of this Ordinance shall be guilty of a misdemeanor.
Any person convicted of a misdemeanor under the provisions of this
Ordinance shall be punishable by a fine of not more than Five
Hundred Dollars ($500.00) or by imprisonment for a period not
exceeding six (6) months or by both such fine and imprisonment.
Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision
of this Ordinance is committed, continued, or permitted by such
person and shall be punishable accordingly.
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PART II
DEFINITIONS
For the purpose of this Ordinance, certain words and terms are
defined and shall be construed as herein set forth unless
otherwise expressly stated, or unless the context clearly indicates
a different intention.
SECTION 2.1
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 occupy more than 50% of the gross floor area, or generate
more than 50% of the annual revenues of the primary and all
accessory uses on the lot in question.
2.1.3. Alley, shall mean a public right-of-way, other than a
street, which affords a secondary means of access to abutting
property as determined by the City Engineer. '
2.1.4. Ambient Environmental Noise, means the intensity, duration,
and character of sound from all sources surrounding the place of
measurement.
2.1.5. Amendment, shall mean a change in the wording, context, or
substance of this Chapter or a change in the zone boundaries or zone
classifications upon the Official Zoning Map.
SECTION 2.2
2.2.1. Building, shall mean any structure built for the support,
shelter, or enclosure of persons, animals, chattels, or property of
any kind and having a roof supported by columns or walls and
attached to the ground.
2.2.2. Building, Enclosed, shall mean a building separated on all
sides from the abutting open space, or from other buildings or
other structures, by a permanent roof and exterior walls, pierced
only by windows and entrance and exit openings.
2.2.3. Building, Main, shall mean the building in which is
conducted a principal use of the lot upon which it is situated.
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SECTION 2.3
2.3.1. Center Line, shall mean a line located in the center of the
ultimate right-of-way as established by the City Engineer.
SECTION 2.4
2.4.1. Disposal, Hazardous Material, shall mean the discharge,
deposit, injection, dumping, spilling, leaking, or placing of any
hazardous waste into or on any land, air or water so that such
hazardous material or any constituent thereof may enter the
environment.
2.4.2 Distribution Facility, shall mean a building or part of a
building used to consolidate freight to be shipped, or used for
the transfer of goods (including containerized cargo), from one
truck to another or between a railroad car ~nd truck. Storage of
goods or merchandise other than in connection with distribution
activities is not included within this definition.
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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.
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SECTION 2.7
2.7.1. Hazardous Material, shall mean any substance which,
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.
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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:
a. Cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or
incapacitating reversible illness; or
b. 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 rend~r 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 of humans.
SECTION 2.8
2.8.1. Industrial Building, shall mean a building devoted to the
manufacture, preparation, assembly, packaging, compounding, or
treatment of any article, substance, or commodity whatsoever and
includes service facilities required to support the processes.
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2.8.2. Industry, shall mean the manufacture, preparation, assembly,
packaging, compounding, or treatment of any article, substance or
commodity whatsoever and includes services required for efficient
operation.
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
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 m~terials.
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 parcel of real property when shown as a delineated parcel
of land with a number or other designation on a tract or
plat map recorded in the office of the County Recorder;
A parcel of land, the dimensions and boundaries of which
are defined by a record of survey recorded pursuant ~o 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; or
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 ~reated and
considered as one lot for the purposes and requirements of this
Chapter.
SECTION 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.
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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
2.12.1. Non-Conforming Building or Structure, shall mean a building
or portion thereof which was lawfully erected or altered and
maintained but which because of the application of this Ordinance to
it, no longer conforms to the regulations set forth in this
Ordinance appl icable 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, association, social club, fraternal organization,
corporation, estate, trust receiver, syndicate, municipal, political
or governmental corporation, district, body, or agency other than
the City of Vernon.
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.
2.13.4. Public Storage. shall mean a structure divided in small
sections and used by the general public.
SECTION 2.14
2.14.1. Recycling, shall mean the collection or sorting of used
products such as newspapers. cans, corrugated cardboard, glass, etc.
and the conversion thereof into new products by reprocessing or
remanufacturing as a part of the operation.
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2.14.2. Refrigerated Warehouse, shall mean a building or part of a
building used primarily to store non-durable, perishable goods
under refrigeration including services for the processing,
preparing or packaging of such goods for storage.
2.14.3. Rendering Plant, shall mean an establishment where one or
more of the following items is cooked, melted down, extracted,
clarified or otherwise processed to produce oil, tallow, grease,
fertilizer or animal feed; carcasses of animals or fowl, dead
animals or fowl, fish, blood, offal, bones, meat, animal 'or
vegetable fat, feathers, food scraps or waste and other animal,
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.
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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 SI.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.
2.15.5. Structural Alteration, shall mean any change in the
supporting members of a building such as foundations, bearing walls,
columns, beams, floor or roof joints, girders or rafters, or changes
in roof or exterior line."
SECTION 2.16
2.16.1. Trash to Energy Facility, shall mean a facility designed
and operated for the purpose of converting refuge to useab1e energy.
The facility may receive, sort, reduce and burn household and other
non-hazardous waste material. Equipment typically associated with
such a facility includes weighing scales, storage pits, furnaces and
boilers, scrubbers, turbine andlor other generating equipment, and
vehicles required to service the facility.
2.16.2. Trash Transfer Station, shall mean a facillty receiving solid
wastes, temporarily storing, separating, converting or otherwise
procesing the materials in the solid wastes, or transferring the solid
wastes directly from smaller to larger vehicles for transport. Trash
transfer station does not include a facility, the principal function
of which is to receive, store, convert or otherwise process recyclable
materials which have been separated for reuse or processing and are
not intended for disposal.
2.16.3. 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
"trailerll shall include camp car, house car, mobile home and camper.
2.16.4. 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.
2.16.5. 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}.
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2.16.6. 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).
" ..~..:<':." "',' ';'_ ',', -,<::r~., :W;:::io'
2.16.7. Truck, Sales, Fabrication or Repair 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.
2.16.8. 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.
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 buildi ngs and
structures, and other uniform regulations apply.
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PART III
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 Oistrict
R - Rendering Overlay Oistrict
SECTION 3.2: COMPREHENSIVE ZONING MAP
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
ACOMPREHENSIVE ZONING MAP OF THE CITY OF VERNONA. 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:
a. 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.
b. Where zone boundary lines are so indicated that they
approximately follow lot lines, said lot lines shall be
construed to be said zone boundary lines.
c. Where zone boundary lines are so indicated that they are
approximately parallel to the center lines or street lines
of streets, said zone boundary lines shall be construed as
being parallel thereto and at such distance therefrom as
indicated. If no distance is given, such dimensions shall
be determined by the use of the scale as shown on the
Comprehensive Zoning Map.
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d. 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,r,aiJroad right-of-way.
".'))!~:f~1:,:;:::,_~~{';:>: -: ': '.:';' _
e. Wherethe 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
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 benefi€ial 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. subject to the development
standards contained in Section 3.5.5.
c. Public Facilities.
d. Commercial Uses, with a floor area 10,000 square
feet or less.
e. Warehouses, with a floor area 50,000 square feet or less
per lot or parcel.
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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 accessandooff-
street parking and loading facil ities,-and that the proposed use
will not generate~raffic, 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.
. d.
.
.
.
.
. e.
f.
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 includi~g but not limited to
banks, publishing and printing shops, restaurants and
coffee shops, and business and professional offices
which serve industry.
Trash-to-Energy Facilities and Trash Transfer Stations,
subject to the standards specified in,Section 5.2.6.
Petroleum Related Uses and/or uses primarily engaged in the
storage of petroleum products.
Public Storage Facilities with a floor area no greater than
50,000 square feet per lot or parcel subject to the standards
specified in Section 5.2.6."
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 except
residential:
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
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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. 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.
d. Vibration. Every use shall be so operated that the
steady ground vibration inherently and recurrently
generated shall not ~xceed 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
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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.
3.5.5 Residential Dwelling Unit.
a. living quarters may be'within a detached accessory building
or such quarters attached to the main building and located
on the same lot as the main building 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.
b. 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.
SECTION 3.6: HEAVY INDUSTRY (H-2) ZONE
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:
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a. All uses permitted in the M (General Industry Zone)
b. Warehouses, with a floor area of 50,000 square feet or
more.
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3.6.3. Uses Which May Be Permitted By~onditional Use Permit. The
following uses may be permitted in theM~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.
c.
.
.
. d.
.
e.
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 fQr such uses and subject to
the standards specified in Section 5.2.6.
Resident Dwelling Units, subject to the development
standards contained in Section 3.5.5.
Petroleum Refining and Related Uses and/or uses primarily
engaged in the storage of petroleum products~
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, with a floor area no greater
than 50,000 square feet per lot or parcel 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.
~.6.4. Development Standards. The following development standards
shall apply 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:
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1. the strict application of the ratio to industrial
facilities with extensive conveyors, silos, towers,
tanks and related features makes floor area limitation
i nappropri ate, 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.
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 zone shall be limited to measuring, gauging, and
calibration devicest 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
materi a 1 s sha 11 be permi tted only on routes approved
by the City Council.
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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 wi)l 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.
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:
a. All uses permitted in the M (General Industry) Zone without
a use permit, as defined in Section 3.5.2.
b. General offices which do not generate more than 20 vehicle
trips per 1,000 square feet per day as determined by the
current Trip Generation, An Informational Report issued by
the Institute of Transportation Engineers, or as determined
by the Council after an anlysis of the use.
c. Resident Dwelling Units, subject to the development
standards contained in Section 3.5.5.
d. Public uses and facilities.
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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 facil itles, 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 as
determined by the current Trip Generation, An Informational
Report issued by the Institute of Transportation Engineers,
or as determined by the Council after an analysis of the
use.
b. Retail and wholesale commercial us~s 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 deve10pment 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.
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
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.
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.~ ..
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 requ~red 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
eleventh (11 th) power mi crocuri es per millil iter of air
at any moment of time. Transportation of radioactive
materials shall be permitted only on routes approved
by 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
equ i pment.
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.
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v ~.' ~~
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.
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.
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:
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I
~
a. Rendering Facility
b. Fertilizer Facility
c. Junk Yard
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.
22
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.
.'
PART IV
REGULATIONS APPLICABLE TO ALL ZONES
SECTION 4.1 USES PROHIBITED
In addition to the prohibitions contained in Part III, the following
regulations shall apply. Except for residential dwelling units in
accord with the provisions of Section 3.5, 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 parking 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 Director
of Community Services. Any requests for variance or exceptions
shall be made as provided in Sections 5.1 and 5.4.
4.2.2. Consideration of Fractional Remainders. Where calculation
of the number of spaces required results in a fractional number, any
fraction shall be rounded to the next higher whole number.
4.2.3. Parking in Buildings. Where required parking or loading
space computations are based on floor area, floor space devoted to
parking within the building shall not be included in this
computation.
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5/17/88
. ,
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 other
units of measurement specified in this Section, the additional
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
Industrial, manufacturing,
processing, assembling,
packaging, warehousing,
storage, cold storage,
di.stribution facility and
simil ar uses.
REQUIRED SPACES
One (1) space per 1,000
square feet of building
gross area.
Retail sales, services, offices,
and s imil ar uses
One (1) space per 500
square feet of gross
floor area.
Uses including outdoor sales
or display (e.g. nurseries,
auto or boat dealers, etc.)
Restaurants, night clubs, bars,
and similar uses.
One (1) space per 5,000
square feet of open
display or sales area.
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
floor area.
Schools
One (1) space per
classroom.
Resident Dwelling Unit
24
One (1) space per unit.
5/17/88
~ ,
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:
a. TRUCK PARKING
USE TYPE
REQUIRED SPACES
Industrial, manufacturing
assembly, warehouses,
distribution facilities,
storage, cold storage and
similar uses.
One space per Nehicle
based at this location
and stored at the site
when not in use; plus
one (1) space per 10,000
square feet of gross
floor area.
Retail sales, services,
offices and similar uses.
One space per vehicle
based at this location
and stored at the site
when not in use.
Public Utility facilities
One space per vehicle
based at this location
and stored at the site
when not in use.
b. TRUCK LOADING
GROSS FLOOR AREA (sq. ft.)
Under 8,000
8,001 - 25,000
25,001 - 50,000
50,001 - 100,000
100,001 - 200,000
Each additional 100,000 or
fraction thereof
Truck loading spaces in excess of
the required number may be counted
as required parking space.
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.
MINIMUM
REQUIRED SPACES
1
2
3
4
5
1
25
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e-
,.: ...
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 publ ic facil ities
such as, but not limited to, driveways, sidewalks, curbs,
and gutters.
Parking, loading, and manuevering plot plans and
improvements shall not be required for minor remodelling,
painting, repair, electrical and mechnical-work. When
parking, loading, and maneuvering facilities are developed
or altered without modifications to or construction of
buildings or structures, separate plans shall be required.
All such plot plans and such separate plans shall be
submitted to the Community Services Department to insure
compliance with this Ordinance.
b. location. Required parking facilities shall be located on
the same parcel or lot as the use or occupancy for which
the parking is being provided; or such required parking
facilities may be provided on a separate parcel or lot, but
under the same ownership as the parcel or lot on which the
use or occupancy requires parking, provided such separate
parcel is within one thousand (1,000) feet from the main
building or use measured as walking distance from such
building to the main entrance of the parking facility, and
provided evidence is filed with the City of Vernon limiting
the use of such parcel for parking purposes in connection
with that particular use or occupancy so long as such use
exists.
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5/17/88
c. Size. The minimum size of all parking and loading spaces
shall be as follows:
Automobile parking space 8.5 ft. wide
Truck parking space 10.0 ft. wide
Truck loading space 10.0 ft. wide
When one space only is required,
the space shall be 20.0 ft. wide
19 ft. long
65 ft. long
65 ft. long
65 ft. long
A minimum of fifteen (15) feet of unobstructed overhead
space shall be maintained over any required parking or
loading space, including driveways or aisles. Loading
equipment may extend into the IS-foot area when required by
specialized loading operations, subject to the approval of
the Director of Community Services when the Director
determines such intrusion will not be contrary to the
intent of this Section.
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
13 feet
27 feet
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 measured from the property line shall be established
along such full frontage, except at driveways, walkways, or
other openings where such are necessary.
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5/17/88
"
g.
Paving. All parking
with a hard, durable
adequately drained.
public areas such as
must be contained in
and loading facilities shall be paved
surface material and shall be
Drainage to the street which crosses
sidewalks shall be by sheet flow or
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.
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. The non-conforming use may be continued
providing that such non-conforming use shall not be expanded or
extended into any other portion of the building. No structure
alterations shall be made which will encourage the continuation of
the non-conforming use other than those required by law or to repair
damage resulting from an act beyond the reasonable control of the
owner.
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5/17/88
4.4.2. Conforming Use in an Existing Building. An existing
building or a portion of an existing building containing a
conforming use at the passage of this Ordinance can not be converted
to a non-conforming use. .
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 or contains only parking or
where the property has only minor, temporary or auxiliary
buildings or structures: one year.
b. Where the nonconformity occurred as a result of the
adoption of Ordinance No. 752 on F~bruary 25, 1964: within
forty (40) years of that adoption date.
c. 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.
d. Where the nonconformity results from the adoption of this
Ordinance: within forty (40) years of its adoption date.
4.4.4. 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:
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 requirements of this
Ordinance, at the time of any 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
requirements of this ordinance creates an unreasonable
hardship;
2. The proposed use will not adversely affect the
surrounding area; and
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5/17/88
.'
3. The existing use does not require the number of spaces
specified by this ordinance.
c. Compliance with the off-street loading requirements of,this
ordinance shall occur at the time of any chimgesinuse,
occupancy, expansion, structural alteration of the building
or within five (5) years of the effective date of this
ordinance, whichever shall occur first. However, 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 loading requirements of this ordinance if the
City Council determines:
1. The strict application of the off-street loading
requirements of this ordinance creates an unreasonable
hardship;
2. The exi st i ng use does and will' not adversely affect
the surrounding area; and
3. The use does not require the number of spaces specified
by this ordinance.
In the granting of the variance, the City Council may
require that loading spaces and areas existing on the site
comply with the provisions of this ordinance regarding
length, width, overhead clearance and any other dimensional
standard.
4.4.5. Repair to or Reconstruction of Non-Conforming Building .or
Structure. When repairs to non-conforming buildings within any
one-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. A
non-conforming 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 provided all reconstruction
shall conform to all other applicable City ordinances.
4.4.6. Continuation of Use in Repaired or Reconstructed Building.
Any non-conforming use existing within a repaired or reconstructed
building shall be permitted to continue but the life of the
non-conformity shall not be extended beyond that permitted by
Section 4.4.3 of this ordinance.
4.4.7. Automatic Expiration of Non-Conforming Building. A
non-conforming building or a portion of a non-conforming building
which is vacant for a continuous period of at least one (1) year shall
not thereafter be occupied except in the case that it has been brought
into conformity with all of the regulations of the zone in which it is
located.
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PART V
APPLICATION REGULATIONS AND PROCEDURES
In order to ensure the achievement of the goals and purposes of this
Ordinance without creating undue hardships, and in order to protect
the health, safety, and public welfare, the following regulations
and procedures are established.
SECTION 5.1: VARIANCES
Variances or exceptions from the terms of this ordinance shall be
granted only when, because of special circumstances applicable to the
property, including size, shape, topography, location or surroundings,
the strict application deprives, such property of privileges enjoyed by
other property in the vicinity and under id~ntical zoning
classification.
. '
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 Oepartment 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 applicable to
permit informed consideration of the request, the
surrounding land uses, the location, dimensions and height
of all buildings, and the location and dimensions of all
off street parking, loading, and storage facilities.
b. a circulation plan, if the application requests variation
of parking, loading or related features, showing the
location and width of ingress and egress points to the
site, the location and dimensions and turning radii of all
parking and loading areas.
c. a floor plan, if applicable, of the building or buildings
showing interior features affected by the variance.
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5/17/88
. .
.
.
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 aut~ority, to grant upon,
conditions as it may determine, a variance from:the provisions of t.his
ordinance.
5.1.3. Initiation of Variance. The request for a variance shall be
initiated by application signed by the owner or occupant of the property.
The application shall be in such form as may be prescribed by the
Department of Community Services and shall be completed and 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. Following presentation of a completed
application to the Department of Community Services, the City Clerk
shall set the matter for a hearing in not l~ss than ten (10) days or
more than sixty (60) days and shall give notice of the time and
place of the hearing and the purpose thereof by two of the following
methods:
a. By mailing a postcard notice, containing the same
information as the published notice, not less than ten (10)
days prior to the date of the hearing to:
1. the owners of all property within a rapius 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,
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 one (1) time at
least ten (10) days prior to the date of the hearing. The
notice shall set forth the date, time, and place of a
public hearing, the identity of the hearing body or
officer, a general explanation of the matter to be
considered, and a general description, in text or by
diagram, of the location of the real property, if any, that
is the subject of the hearing; or
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5/17/88
.
c. 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 anq 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.
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:
a. 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.
b. 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.
c. A variance may be authorized when it is also considered as
being consistent with the objectives of the general plan
and the zoning ordinance.
d. The mere existence of a peculiar situation which will
result in unnecessary hardship to the applicant if the
ordinance is enforced does not necessarily require the
granting of a variance.
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"
e. The granting of a variance must not constitute the granting
of a "special privilege" inconsistent with the limitations
on other nearby properties.
I f such reso 1 ut i on orders that the vari ance 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
Clerk.
5.1.7. Notice of Decision. Not later than five (5) days following
the rendering of a decision ordering that a variance be granted or
denied, a letter shall be mailed to the applicant at the address shown
on the application filed with the City Council stating the decision of
the Council.
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5.1.8. Effective Date of Order Granting or 'Denying a Variance. Time
for appeal. The order of the City Council in granting or denying a
variance shall become final and effective ten (10) days after the date
of notification to applicant unless/within such ten-day period an
appeal in writing is filed with the City Clerk by either the applicant
or an opponent. The filing of an appeal within such time limit shall
stay the effective date of the order until such time as the City
Council has acted on the appeal.
5.1.9. Time limit. Any variance approved by the City Council becomes
null and void, unless an extension is approved by the City Council,
if:
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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 1 imit shall be treated as a new
application for a variance.
5.1.10. Voiding of Variance. The Council may by resolution void
any variance for non-compliance with any condition imposed at the
time the variance was granted. Notice shall be given of the Council
intent to revoke the variance to the person to whom the variance was
granted, or to the present occupant, not less than ten (10) days
prior to the date of revocation by the Council.
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5.1.11. Previously Granted Variance. Any variance granted pursuant
to any zoning ordinance enacted prior to the effective date of this
ordinance shall be construed to be a variance 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 5.1.10.
SECTION 5.2: CONDITIONAL USE PERMIT
The City Council shall have the authority, subject to the provlslons
of the ordinance, to grant a Conditional Use Permit whenever it
finds the granting of said permit is consistent with the
requirements, 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 maDner 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 (1) the proposed location for all
punch presses, drop hammers, riveters, 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.
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5.2.2. Hearing Notice. Following presentation of a completed
application to the Department of Community Services, the City Clerk
shall set the matter for hearing in not less than ten (10) days or
more than sixty (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 ijpon said petition within
the thirty (30) days after the conclusion of any hearing held
thereon and shall mail a notice of such decision to the petitioner.
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If the petition is disapproved, the petitioner, within thirty (30)
days from the date of the action by the City Council, may appeal to
the Council by a written notice of appeal filed with the City Clerk
in the manner described in Section 5.1.8
5.2.4. Time limit. Any Conditional Use Permit granted by the City
Council becomes null and void if the permit is not exercised within
one hundred twenty (120) days of its approval.
5.2.5. Required Findings for a Conditional Use Permit. The City
Council shall make the following findings before granting a
Conditional Use Permit:
a. That the site for the proposed use is adequate in size and
shape;
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;
c. That the standards, regulations and requirements governing
the proposed use have been met;
d. That the site has sufficient access to streets 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;
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e. That all the conditions imposed by State or federal law on
such a use can be met on the proposed site;
f. For the following uses, the standard conditions contained
in Section 5.2.6 shall apply:
1. Public storage facilities serving, as mini-warehouses,
2. Cogeneration facilities,
3. Freighting or trucking terminal facilities,
4. Hazardous waste treatment facilities, and
5. Trash to energy facilities and trash transfer stations;
and
g. That the conditions stated in the decision are deemed
necessary to protect the public health, safety and general
welfare. Such conditions may include:
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1. Regulation of use,
2. Special yards, spaces and buffers,
3. Fences and walls,
4. Surfacing of parking areas subject to city
specifications,
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5. Requiring street, service road and alley dedications
and improvements or appropriate bonds,
6. Regulation of points and vehicular ingress and egress,
7. Regulation of signs,
8. Requiring landscaping and maintenance thereof,
9. Requiring maintenance of the grounds,
10. Regulation of noise, vibration, odors, etc.,
fl. Regulation of time for certain activities,
12. Time period within which the proposed use shall be
developed,
13. Duration of use,
14. 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.
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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:
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
facil ity;
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;
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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;
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6. 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;
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 (270) days or not
maintained in a suitable condition, the permit may be
voided; and
9. All other police, fire, health and community service
department requirements not listed herein shall be
comp 1 i ed with.
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b. Cogeneration Facilities.
1. No building or structure shall be located within ten
feet of any property line abutting a street unless
noted otherwise in this section. All such required
yards shall be landscaped and sprinklered in accordance
with a plan approved by the Community Services
Department;
2~ The architectural character of the proposed structures
shall be based upon the appropriate use of sound
materials and upon the principles of harmony and
proportion in the element of the structures. The
buildings shall always be maintained in their original
condition;
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3. Maximum sound level. The soun<;l level shall not exceed
sixty-five (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 environmental
noise alternative may be used, whereby the maximum
sound level shall not exceed the equivalent sound level
for eight (8) 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;
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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; and
7. The electric integration of the facility be in
accordance with the rules and regulations of the City
of Vernon Light and Power Department.
c. Freighting or Trucking Terminal Facilities.
1. That the site proposed for use is adequate in size,
shape and topography, including drainage and
landscaping;
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;
3. That necessary improvements be made to the street
system to safely carry the anticipated increased
traffic;
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That the proposed use will not unreasonably interfere
with the use, possession and enjoyment of surrounding
and adjacent properties;
5. That the proposed 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.
1. That the site proposed for use is adequate in size,
shape and topography, including drainage and
landscaping;
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2. That the site proposed for use has sufficient access to
streets which are adequate in width and pavement size,
to carry the quantity and quality of traffic generated
by the proposed use;
3. That necessary improvements be made to street system to
safely carry the anticipated increased traffic;
4. That the proposed use shall not unreasonably. interfere
with the use, possession and enjoyment of surrounding
and adjacent properties;
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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.
e. Trash to Energy Facilities and Trash Transfer Stations.
1. That the site proposed for use is adequate in size,
shape and topography, including drainage and
landscaping;
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;
3. That necessary improvements be made to street system to
safely carry the anticipated increased traffic;
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4. That the proposed use shall not unreasonably interfere
with the use, possession and enjoyment of surrounding
and adjacent propertie~;
5. That the.proposed.use shall be compati bl e with
permitted uses of surrounding and adjacent properties;
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;
7. No building or structure shall be located within ten
(10)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 Department of Community
Services;
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;
The maximum 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 (8) 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;
10. 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;
12. The facility receive a permit from the South Coast Air
Quality Control District; and
13. The electric integration of the facility be in
accordance with the rules and regulations of the City
of Vernon Light and Power Department.
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,. 5.2.7. Voi di ngor Extending Permits.
a. Voiding of Permit. The Council, following receipt ofa
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. A letter stating the Council's intent to consider
the voiding of the permit and specifying the reasons
therefor, 'shall be. gi ven to the permi ttee not 1 ess than
twenty (20) days prior to Council action. The Council
shall conduct a public hearing and notice of the public
hearing shall be given as provided in subsection (b) of
Section 5.1.4.
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b. Notification. Notification of the Council action shall be
mailed to the petitioner by the City Clerk and shall
include a copy of the Council resolution specifying the
reasons for voiding the Conditional Use Permit.
c. Extension of Time limit for Satisfying Conditional Use
Permit Conditions. The Council may grant one extension of
time, not to exceed one (1) year from the time limit
specified and without public hearing, for the greantee to
satisfy all conditions contained in the Conditional Use
Permit. Any additional request for an ext~nsion of the
time limit shall be treated as a new application for a
Conditional Use Permit. If an established time for
completing the develoment and satisfying all conditions of
the Conditional Use Permit expires, the Conditional Use
Permit shall be considered void if no extension of time,
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
Permi t.
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SECTION 5.3: ZONING AMENDMENT
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5.3.1. Purpose. Whenever public necessity, convenience and general
welfare require, the boundaries of the zones established by this
title, the classification, of property uses therein or other provisions
of this title may be 'amended as follows:
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a. By amending the zoning map, or
b. By revising the text of the ordinance.
Amendments of this ordinance and the map which is a part hereof, may
be initiated by:
a. The verified application of the owner or owners of property
which is proposed to be changed or reclassified.
b. 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 sixty (60) days
and shall give notice of the time and place of the hearing and the
purpose thereof in the manner described in Section 5.1.4.
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5.3.4. Council to Hold Public Hearings. Following the filing or
presentation of a proposed amendment, the City Council shall conduct a
duly advertised public hearing on the matter, public notice of which
shall be given as provided in Section 5.1.4. The hearing shall be
conducted within sixty (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
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AMENDED
COMPREHENSIVE ZONING ORDINANCE.
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CITY OF VERNON
May 17, 1988
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ZONING ORDINANCE
TABLE OF CONTENTS
SECTION PAGE
I. INTRODUCTION
1.1 Title
1.2 Purpose and Intent
1.3 Interpretation
1.4 Applicability
1.5 Vested Right
1.6 Severability
1.7 Violation Penalty
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2
2
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II.
DEFINITIONS
3
III.
ZONING DISTRICTS
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 Zone (M)
3.6 Heavy Industry Zone (M-2)
3.7 Commercial/Industrial Zone (C-M)
3.8 S (Slaughtering) Overlay District
3.9 R (Rendering) Overlay District
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12
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15
18
21
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IV. REGULATIONS APPLICABLE TO ALL ZONES
4.1 Uses Prohibited
4.2 Off-Street Parking and Loading Facilities
4.3 Street Dedications
4.4 Non-Conforming Buildings, Structures
and Uses
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V. APPLICATION REGULATIONS AND PROCEDURES
5.1 Variances
5.2 Conditional Use Permit
5.3 Zoning Amendment
5.4 Interpretations and Minor Exceptions
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COMPREHENSIVE ZONING MAP OF THE CITY OF VERNON
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P ART I
INTRODUCTION
SECTION 1.1: TITLE
This ordinance and its accompanying map, shall be known as the
IlCOMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VERNONIl, and for
convenience may be referred to as the IlZ0NING ORDINANCP.
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.
SECTION 1.3: INTERPRETATION
In their interpretation and application, the provisions 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 is located and then only after securing all
permits and licenses required by law and ordinance.
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2. No city official, officer, or employee or anyone acting upon
behalf of such person shall issue any license or permit for uses,
buildings, or purposes contrary to, or in violation of, the
provisions:of this Ordinance.
SECTION 1.5: VESTED RIGHT
Nothing in this ordinance shall create or be construed to create
any vested right in any person.
SECTION 1.6: SEVERABILITY
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Should any section, subsection, clause, or provlslon of this
Ordinance for any reason be held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining
portions of this Ordinance; it being hereby expressly declared
that this Ordinance and each section, subsection, sentence,
clause, and phrase hereof would have been prepared, proposed,
approved and adopted separately and irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, or
phrases be declared invalid or unconstitutional.
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SECTION 1.7: VIOLATION PENALTY
No person shall violate any provision or fail to comply with any of
the requirements of this Ordinance or any conditions imposed in the
granting of permits subject to this ordinance. Any person violating
any of the provisions or failing to comply with any of the
requirements of this Ordinance shall be guilty of a misdemeanor.
Any person convicted of a misdemeanor under the provisions of this
Ordinance shall be punishable by a fine of not more than Five
Hundred Dollars ($500.00) or by imprisonment for a period not
exceeding six (6) months or by both such fine and imprisonment.
Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision
of this Ordinance is committed, continued, or permitted by such
person and shall be punishable accordingly.
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PART II
DEFINITIONS
For the purpose of this Ordinance, certain words and terms are
defined and shall be construed as herein set forth unless
otherwise expressly stated, or unless the context clearly indicates
a different intention.
SECTION 2.1
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 occupy more than 50% of the gross floor area, or generate
more than 50% of the annual revenues of the primary and all
accessory uses on the lot in question.
2.1.3. Alley, shall mean a public right-of-way, other than a
street, which affords a secondary means of access to abutting
property as determined by the City Engineer. '
2.1.4. Ambient Environmental Noise, means the intensity, duration,
and character of sound from all sources surrounding the place of
measurement.
2.1.5. Amendment, shall mean a change in the wording, context, or
substance of this Chapter or a change in the zone boundaries or zone
classifications upon the Official Zoning Map.
SECTION 2.2
2.2.1. Building, shall mean any structure built for the support,
shelter, or enclosure of persons, animals, chattels, or property of
any kind and having a roof supported by columns or walls and
attached to the ground.
2.2.2. Building, Enclosed, shall mean a building separated on all
sides from the abutting open space, or from other buildings or
other structures, by a permanent roof and exterior walls, pierced
only by windows and entrance and exit openings.
2.2.3. Building, Main, shall mean the building in which is
conducted a principal use of the lot upon which it is situated.
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SECTION 2.3
2.3.1. Center line, shall mean a line located in the center of the
ultimate right-of-way,.,as established by the City Engineer.
SECTION 2.4
2.4.1. Disposal, Hazardous Material, shall mean the discharge,
deposit, injection, dumping, spilling, leaking, or placing of any
hazardous waste into or on any land, air or water so that such
hazardous material or any constituent thereof may enter the
environment.
2.4.2 Distribution Facility, shall mean a building or part of a
building used to consolidate freight to be shipped, or used for
the transfer of goods (including containerized cargo), from one..,
truck to another or between a railroad car ~nd truck. Storage of
goods or merchandise other than in connection with distribution
activities is not included within this definition.
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.
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SECTION 2.7
2.7.1. Hazardous Material, shall mean any substance which, because
of its toxicity, quantity, or physical, chemic~l or infectious
characteristics poses a significant present,.;orpotential 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:
.
.
.
a. Cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or
incapacitating reversible illness; or
b. 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 of humans.
SECTION 2.8
2.8.1. Industrial Building, shall mean a building devoted to the
manufacture, preparation, assembly, packaging, compounding, or
treatment of any article, substance, or commodity whatsoever and
includes service facilities required to support the processes.
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2.8.2. Industry, shall mean the manufacture, preparation, assembly,
packaging, compounding, or treatment of any article, substance or
commodity whatsoever and includes services required for efficient
operation.
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
.
.
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 m~terials.
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 delineated parcel
of land with a number or other designation on a tract or
plat map recorded in the office of the County Recorder;
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; or
.'
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 ~reated and
considered as one lot for the purposes and requirements of this
Chapter.
SECTION 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.
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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.
. ;); ";): ;:.y.;,~:/;;...~,.; ~;,
SECTION 2.12
2.12.1. Non-Conforming Building or Structure, shall mean a building
or portion thereof which was lawfully erected or altered and
maintai.ned 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 t~e zone in which such
use is located.
SECTION 2.13
"
2.13.1. Person, shall mean an individual, firm, co-partnership,
joint venture, association, social club, fraternal organization,
corporation, estate, trust receiver, syndicate, municipal, political
or governmental corporation, district, body, or agency other than
the City of Vernon.
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.
2.13.4. Public Storage, shall mean a structure divided in small
sections and used by the general public.
SECTION 2.14
2.14.1. Recycling, shall mean the collection or sorting of used
products such as newspapers, cans, corrugated cardboard, glass, etc.
and the conversion thereof into new products by reprocessing or
remanufacturing as a part of the operation.
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2.14.2. Refrigerated Warehouse, shall mean a building or part of a
building used primarily to store non-durable, perishable goods
under refrigeration including services for the processing,
preparing or packaging of such goods for storage.
2.14.3. Rendering Plant, shall mean an establishment where one or
more of the following items is cooked, melted down, extracted,
clarified or otherwise processed to produce oil, tallow, grease,
fertilizer or animal feed; carcasses of animals or fowl, dead
animals or fowl, fish, blood, offal, bones, meat, animal 'or
vegetable fat, feathers, food scraps or waste and other animal,
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.
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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 Sl.4. The sound
level meter shall be set at "A" weighting and at "SLOWu 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.
2.15.5. Structural Alteration, shall mean any change in the
supporting members of a building such as foundations, bearing walls,
columns, beams, floor or roof joints, girders or rafters, or changes
in roof or exterior line."
SECTION 2.16
2.16.1. Trash to Energy Facility, shall mean a facility designed
and operated for the purpose of converting refuge to useable energy.
The facility may receive, sort, reduce and burn household and other
non-hazardous waste material. Equipment typically associated with
such a facility includes weighing scales, storage pits, furnaces and
boilers, scrubbers, turbfne and/or other generating equipment, and
vehicles required to service the facility.
2.16.2. Trash Transfer Station, shall mean a facility receiving solid
wastes, temporarily storing, separating, converting or otherwise
procesing the materials in the solid wastes, or transferring the solid
wastes directly from smaller to larger vehicles for transport. Trash
transfer station does not include a facility, the principal function
of which is to receive, store, convert or otherwise process recyclable
materials which have been separated for reuse or processing and are
not intended for disposal.
2.16.3. 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 car, mobile home and camper.
2.16.4. 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.
2.16.5. 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).
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2.16.6. 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.CodeSection 35401(a).
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2.16.7. Truck, Sales, Fabrication or Repair 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.
2.16.8. 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.
SECTION 2.18
2.18.1. Vibration, shall mean discreet ground movement as measured
by peak particle velocity in inches per second.
SECTION 2.19
2.19.1. Warehouse, shall mean a building or part of a building used
primarily for the storage of non-perishable goods intended for
distribution to other locations for retail or wholesale or
mail-order sale.
2.19.2. Zone, shall mean a section of the City to which regulations
governing the height, area, use, size of buildings and
structures, and other uniform regulations apply.
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PART II I
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
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
HCOMPREHENSIVE ZONING HAP OF THE CITY OF VERNONH. 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:
a. 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.
b. Where zone boundary lines are so indicated that they
approximately follow lot lines, said lot lines shall be
construed to be said zone boundary lines.
c. Where zone boundary lines are so indicated that they are
approximately parallel to the center lines or street lines
of streets, said zone boundary lines shall be construed as
being parallel thereto and at such distance therefrom as
indicated. If no distance is given, such dimensions shall
be determined by the use of the scale as shown on the
Comprehensive Zoning Map.
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d. 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.
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e. Where the zonehoundaryline is uncertain or clai~edto 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
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 use~ in a manner
which will foster mutually benefi€ial 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, subject to the development
standards contained in Section 3.5.5.
C. Public Facilities.
d. Commercial Uses, with a floor area 10,000 square
feet or less.
e. Warehouses, with a floor area 50,000 square feet or less
per lot or parcel.
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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 hasagequate access and...off-
street parking and loading facil ities?'iand 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 ihops, 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 with a floor area no greater than
50,000 square feet per lot or parcel subject to the standards
specified in Section 5.2.6."
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 except
residential:
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
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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. 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 attracti~e to rodents or insects
shall be stored only in closed containers in required
enclosures.
d. Vibration. Every use shall be so operated that the
steady ground vibrat~on inherently and recurrently
generated shall not exceed two hundredth1s 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
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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.
.
.
3.5.5 Residential Dwelling Unit.
a. Living quarters may be'within a detached accessory building
or such quarters attached to the main building and located
on the same lot as the main building 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.
b. 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.
SECTION 3.6: HEAVY INDUSTRY (H-2) ZONE
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:
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a. All uses permitted in the M (General Industry Zone)
b. Warehouses, with a floor area 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 fQr such uses and subject to
the standards specified in Section 5.2.6.
c. Resident Dwelling Units, subject to the development
standards contained in Section 3.5.5.
d. Petroleum Refining and Related Uses and/or uses primarily
engaged in the storage of petroleum products.
e. Transportation Related Uses (SIC Code Division E) and
provided further that '
I. 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, with a floor area no greater
than 50,000 square feet per lot or parcel 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 apply 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:
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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.
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 (0.0411) 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 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
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.
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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
equ i pment.
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
Fi re Department.
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:
a. All uses permitted in the M (General Industry) Zone without
a use permit, as defined in Section 3.S.2.
b. General offices which do not generate more than 20 vehicle
trips per 1,000 square feet per day as determined by the
current Trip Generation, An Informational Report issued by
the Institute of Transportation Engineers, or as determined
by the Council after an anlysis of the use.
c. Resident Dwelling Units, subject to the development
standards contained in Section 3.5.5.
d. Public uses and facilities.
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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 as
determined by the current Trip Generation, An Informational
Report issued by the Institute of Transportation Engineers,
or as determined by the Council after an analysis of the'
use.
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 deve10pment 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.
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
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.
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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 requ~red 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
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.
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.
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.
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SECTION 3.8: S (SLAUGHTERING) OVERLAY DISTRICT
3.8.1. purpose and Intent. The purpose of the S (Slaughtering)
Overlay District is to provide a location for the designated land
uses which will adequately accommodate their specialized operations
without generating traffic, noise, vibration, dust, odors, smoke, or
light which is obnoxious to or interferes with the operation of
adjacent uses. The provisions of this zone are intended to ensure
that the district will function safely and efficiently and provide
an attractive industrial environment.
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 af 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.
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:
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a. Rendering Facility
b. Fertilizer Facility
c. Junk Yard
3.9.4. Development Standards. Same as underlying zone, unless
additional requirements are imposed by the City Council as a part
of the Conditional Use Permit process in order to protect adjacent
uses from the traffic, noise, odors, dust, vibration or risk of
infection or upset associated with such use.
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PART IV
REGULATIONS APPLICABLE TO ALL ZONES
SECTION 4.1 USES PROHIBITED
In addition to the prohibitions contained in Part III, the following
regulations shall apply. Except for residential dwelling units in
accord with the provisions of Section 3.5, 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 parking 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 Director
of Community Services. Any requests for variance or exceptions
shall be made as provided in Sections 5.1 and 5.4.
4.2.2. Consideration of Fractional Remainders. Where calculation
of the number of spaces required results in a fractional number, any
fraction shall be rounded to the next higher whole number.
4.2.3. Parking in Buildings. Where required parking or loading
space computations are based on floor area, floor space devoted to
parking within the building shall not be included in this
computation.
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4.2.4. Multiple Uses. In the case of mixed uses in a building or on
a lot, the total required number of off-street parking spaces shall
be the sum of the requirements for the various uses, or a minimum of
three spaces per use or business.
4.2.5. Change in Use or Floor Area. When the type or intensity of
use of any building, structure, or premises is increased through a
change of use or addition of floor area, seating capacity, or other
units of measurement specified in this Section, the additional
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
Industrial, manufacturing,
processing, assembling,
packaging, warehousing,
storage, cold storage,
distribution facility and
similar uses.
REQUIRED SPACES
One (1) space per 1,000
square feet of building
gross area.
Retail sales, services, offices,
and similar uses
One (1) space per 500
square feet of gross
floor area.
Uses including outdoor sales
or display (e.g. nurseries,
auto or boat dealers, etc.)
Restaurants, night clubs, bars,
and similar uses.
One (1) space per 5,000
square feet of open
display or sales area.
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
floor area.
Schools
One (1) space per
classroom.
Resident Dwelling Unit
24
One (1) space per unit.
5/17/88
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:
a. TRUCK PARKING
USE TYPE
REQUIRED SPACES
Industrial, manufacturing
assembly, warehouses,
distribution facilities,
storage, cold storage and
similar uses.
One space per vehicle
based at this location
and stored at the site
when not in use; plus
one (1) space per 10,000
square feet of gross
floor area.
Retail sales, services,
offices and similar uses.
One space per vehicle
based at this location
and stored at the site
when not in use.
Public Utility facilities
One space per vehicle
based at this location
and stored at the site
when not in use.
b. TRUCK lOADING
GROSS FLOOR AREA (sq. ft.)
MINIMUM
REQUIRED SPACES
1
2
3
4
5
1
Under 8,000
8,001 - 25,000
25,001 - 50,000
50,001 - 100,000
100,001 - 200,000
Each additional 100,000 or
fraction thereof
Truck loading spaces in excess of
the required number may be counted
as required parking space.
However, additional spaces may be required by the Director of
Community Services at the time of a plan review, or the issuance of
permits or licenses if determined to be necessary to assure the
provisions of adequate on-site parking and loading spaces.
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4.2.8. Development Standards. All off-street parking and loading
facilities for any use, building, or structure hereafter erected,
constructed, altered, or expanded in the City shall comply with the
following minimum standards:
a. Plot Plan. Whenever a building or structure is
constructed, erected or altered, or whenever the use of a
parcel, building or structure changes resulting in an
increased requirement for automobile parking or truck
parking, loading, and maneuvering areas, a plot plan
clearly showing such off-street parking and loading
facilities, points of access and egress, and circulation
patterns in relation to the buildings, structures, and uses
to be served, and to the adjacent public streets is
required.
Prior to issuance of any occupancy certificate, approval of
the plot plan by the Director of Community Services shall
be required if the proposal involves street frontage
improvements or alterations of existing public facilities
such as, but not limited to, driveways, sidewalks, curbs,
and gutters.
Parking, loading, and manuevering plot plans and
improvements shall not be required for minor remodelling,
painting, repair, electrical and mechnical ' work. When
parking, loading, and maneuvering facilities are developed
or altered without modifications to or construction of
buildings or structures, separate plans shall be required.
All such plot plans and such separate plans shall be
submitted to the Community Services Department to insure
compliance with this Ordinance.
b. location. Required parking facilities shall be located on
the same parcel or lot as the use or occupancy for which
the parking is being provided; or such required parking
facilities may be provided on a separate parcel or lot, but
under the same ownership as the parcel or lot on which the
use or occupancy requires parking, provided such separate
parcel is within one thousand (1,000) feet from the main
building or use measured as walking distance from such
building to the main entrance of the parking facility, and
provided evidence is filed with the City of Vernon limiting
the use of such parcel for parking purposes in connection
with that particular use or occupancy so long as such use
exists.
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c. Size. The minimum size of all parking and loading spaces
shall be as follows:
Automobile parking space 8.5 ft. wide 19 ft. long
Truck parking space 10.0 ft. wide 65 ft. long
Truck loading space 10.0 ft. wide 65 ft. long
When one space only is required,
the space shall be 20.0 ft. wide 65 ft. long
A minimum of fifteen (15) feet of unobstructed overhead
space shall be maintained over any required parking or
loading space, including driveways or aisles. Loading
equipment may extend into the IS-foot area when required by
specialized loading operations, subject to the approval of
the Director of Community Services when the Oirector
determines such intrusion will not be contrary to the
intent of this Section.
.
.
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
13 feet
27 feet
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 measured from the property line shall be established
along such full frontage, except at driveways, walkways, or
other openings where such are necessary.
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"
g.
Paving. All parking
with a hard, durable
adequately drained.
public areas such as
must be contained in
and loading facilities shall be paved
surface material and shall be
Drainage to the street which crosses
sidewalks shall be by sheet flow or
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.
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. The non-conforming use may be continued
providing that such non-conforming use shall not be expanded or
extended into any other portion of the building. No structure
alterations shall be made which will encourage the continuation of
the non-conforming use other than those required by law or to repair
damage resulting from an act beyond the reasonable control of the
owner.
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4.4.2. Conforming Use in an Existing Building. An existing
building or a portion of an existing building containing a
conforming use at the passage of this Ordinance can not be converted
to a non-conforming use.
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 or contains only parking or
where the property has only minor, temporary or auxiliary
buildings or structures: one year.
b. Where the nonconformity occurred as a result of the
adoption of Ordinance No. 752 on F~bruary 25, 1964: within
forty (40) years of that adoption date.
c. 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.
d. Where the nonconformity results from the adoption of this
Ordinance: within forty (40) years of its adoption date.
4.4.4. 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:
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 Ordinanc~ 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 requirements of this
Ordinance, at the time of any 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
requirements of this ordinance creates an unreasonable
hardship;
2. The proposed use will not adversely affect the
surrounding area; and
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3. The existing use does not require the number of spaces
specified by this ordinance.
c. Compliance with the off-street loading requirements of this
ordinance shall occur 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. However, 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 loading requirements of this ordinance if the
City Council determines:
1. The strict application of the off-street loading
requirements of this ordinance creates an unreasonable
hardship;
2. The exi st i ng use does and will 'not adversely affect
the surrounding area; and
3. The use does not require the number of spaces specified
by this ordinance.
In the granting of the variance, the City Council may
require that loading spaces and areas existing on the site
comply with the provisions of this ordinance regarding
length, width, overhead clearance and any other dimensional
standard.
4.4.5. Repair to or Reconstruction of Non-Conforming Building or
Structure. When repairs to non-conforming buildings within any
one-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. A
non-conforming 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 provided all reconstruction
shall conform to all other applicable City ordinances.
4.4.6. Continuation of Use in Repaired or Reconstructed Building.
Any non-conforming use existing within a repaired or reconstructed
building shall be permitted to continue but the life of the
non-conformity shall not be extended beyond that permitted by
Section 4.4.3 of this ordinance.
4.4.7. Automatic Expiration of Non-Conforming Building. A
non-conforming building or a portion of a non-conforming building
which is vacant for a continuous period of at least one (1) year shall
not thereafter be occupied except in the case that it has been brought
into conformity with all of the regulations of the zone in which it is
located.
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PART V
APPLICATION REGULATIONS AND PROCEDURES
In order to ensure the achievement of the goals and purposes of this
Ordinance without creating undue hardships, and in order to protect
the health, safety, and public welfare, the following regulations
and procedures are established.
SECTION 5.1: VARIANCES
Variances or exceptions from the terms of this ordinance shall be
granted only ~hen, 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 the vicinity and under id~ntical zoning
classification.
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 applicable to
permit informed consideration of the request, the
surrounding land uses, the location, dimensions and height
of all buildings, and the location and dimensions of all
off street parking, loading, and storage facilities.
b. a circulation plan, if the application requests variation
of parking, loading or related features, showing the
location and width of ingress and egress points to the
site, the location and dimensions and turning radii of all
parking and loading areas.
c. a floor plan, if applicable, of the building or buildings
showing interior features affected by the variance.
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5.1.2. Authority to Grant a Variance. When practical difficulties,
unnecessary hardships, or other results inconsistent with the general
purpose of this ordinance result through its strict and literal
i nterpretat ion, the City Counc i1 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 or occupant of the property.
The application shall be in such form as may be prescribed by the
Department of Community Services and shall be completed and 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. Following presentation of a completed
application to the Department of Community Services, the City Clerk
shall set the matter for a hearing in not l~ss than ten (10) days or
more than sixty (60) days and shall give notice of the time and
place of the hearing and the purpose thereof by two of the following
methods:
a. By mailing a postcard notice, containing the same
information as the published notice, not less than ten (10)
days prior to the date of the hearing to:
1. the owners of all property within a ra9ius 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,
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 one (1) time at
least ten (10) days prior to the date of the hearing. The
notice shall set forth the date, time, and place of a
public hearing, the identity of the hearing body or
officer, a general explanation of the matter to be
considered, and a general description, in text or by
diagram, of the location of the real property, if any, that
is the subject of the hearing; or
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c. 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 anq 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.
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, th~ facts and reasons
which, in the opinion of the City Council, make the granting or ~enial
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:
a. 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.
b. 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.
c. A variance may be authorized when it is also considered as
being consistent with the objectives of the general plan
and the zoning ordinance.
d. The mere existence of a peculiar situation which will
result in unnecessary hardship to the applicant if the
ordinance is enforced does not necessarily require the
granting of a variance.
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e. 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
Clerk.
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.
5.1.10. Voiding of Variance. The Council may by resolution void
any variance for non-compliance with any condition imposed at the
time the variance was granted. Notice shall be given of the Council
intent to revoke the variance to the person to whom the variance was
granted, or to the present occupant, not less than ten (10) days
prior to the date of revocation by the Council.
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5.1.11. Previously Granted Variance. Any variance granted pursuant
to any zoning ordinance enacted prior to the effective date of this
ordinance shall be construed to be a variance 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 5.1.10.
SECTION 5.2: CONDITIONAL USE PERMIT
The City Council shall have the authority, subject to the provlslons
of the ordinance, to grant a Conditional Use Permit whenever it
finds the granting of said permit is consistent with the
requirements, 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 ma~ner 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 attacbments:
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 (1) the proposed location for all
punch presses, drop hammers, riveters, 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.
,
,
.
.
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5.2.2. Hearing Notice. Following presentation of a completed
application to the Department of Community Services, the City Clerk
shall set the matter for hearing in not less than ten (10) days or
more than sixty (60) days and shall give notice of the time and
place~fthe 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 ~pon 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.
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;
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;
c. That the standards, regulations and requirements governing
the proposed use have been met;
d. That the site has sufficient access to streets 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;
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e. That all the conditions imposed by State or federal law on
such a use can be met on the proposed site;
f. For the following uses, the standard conditions contained
in Section 5.2.6 shall apply:
1. Public storage facilities serving, as mini-warehouses,
2. Cogeneration facilities,
3. Freighting or trucking terminal facilities,
4. Hazardous waste treatment facilities, and
. l. Regulation of use,
.
,
. 2. Special yards, spaces and buffers,
.
3. Fences and walls,
4. Surfacing of parking areas subject to city
speci fi cat ions,
5. Requiring street, service road and alley dedications
and improvements or appropriate bonds,
6. Regulation of points and vehicular ingress and egress,
7. Regulation of signs,
8. Requiring landscaping and maintenance thereof,
9. Requiring maintenance of the grounds,
10. Regulation of noise, vibration, odors, etc.,
11. Regulation of time for certain activities,
12. Time period within which the proposed use shall be
developed,
13. Duration of use,
14. 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.
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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:
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;
.
.
6. 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;
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 (270) days or not
maintained in a suitable condition, the permit may be
voided; and
9. All other police, fire, health and community service
department requirements not listed herein shall be
complied with.
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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
conditi on;
.
.
3. Maximum sound level. The sound level shall not exceed
sixty-five (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 environmental
noise alternative may be used, whereby the maximum
sound level shall not exceed the equivalent sound level
for eight (8) 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; and
7. The electric integration of the facility be in
accordance with the rules and regulations of the City
of Vernon Light and Power Department.
c. Freighting or Trucking Terminal Facilities.
1. That the site proposed for use is adequate in size,
shape and topography, including drainage and
landscaping;
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;
3. That necessary improvements be made to the street
system to safely carry the anticipated increased
traffic;
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4. That the proposed use will not unreasonably interfere
with the use, possession and enjoyment of .surrounding
and adjacent properties';
5. That the proposed 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.
.
.
1. That the site proposed for use is adequate in size,
shape and topography, including drainage and
landscaping;
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;
3. That necessary improvements be made 'to street system to
safely carry the anticipated increased traffic;
4. That the proposed use shall not unreasonably interfere
with the use, possession and enjoyment of surrounding
and adjacent properties;
.
.
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.
e. Trash to Energy Facilities and Trash Transfer Stations.
1. That the site proposed for use is adequate in size,
shape and topography, including drainage and
landscaping;
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;
3. That necessary improvements be made to street system to
safely carry the anticipated increased traffic;
5/17/88
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4. That the proposed use shall not unreasonably interfere
with the use, possession and enjoyment of surrounding
and adjacent propertie~;
5. That theiproposed use shall be compatible with ..
permitted uses of surrounding and adjacent properties;
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;
7. No building or structure shall be located within ten
(10)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 Department of Community
Services;
.
. .
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;
.
.
.,
~
9. The maximum 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 (8) 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;
10. 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;
12. The facility receive a permit from the South Coast Air
Quality Control District; and
13. The electric integration of the facility be in
accordance with the rules and regulations of the City
of Vernon Light and Power Department.
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f 5.2.7. Voiding or Extending Permits.
a. Voiding of Permit. The Council, following receipt of a
recommendation from the Director of Community Services, may
by reso 1 ut ion, upon noti ce and heari ng as speci fi ed herein,>..
void any Conditional Use Permit for noncompl iance with the '
conditions set forth in granting the Conditional Use
Permit. A letter stating the Council's intent to consider
the voiding of the permit and specifying the reasons
therefor, shall be given to the permittee not less than
twenty (20) days prior to Council action. The Council
shall conduct a public hearing and notice of the public
hearing shall be given as provided in subsection (b) of
Sect i on 5.1.4.
~.
b. Notification. Notification of the Council action shall be
mailed to. the petitioner by the City Clerk and shall
include a copy of the Council resolution specifying the
reasons for voiding the Conditional Use Permit.
c. Extension of Time limit for Satisfying Conditional Use
Permit Conditions. The Council may grant one extension of
time, not to exceed one (l) year from the time limit
specified and without public hearing, for the greantee to
satisfy all conditions contained in the Conditional Use
Permit. Any additional request for an ext~nsion of. the
time limit shall be treated as a new application for a
Conditional Use Permit. If an established time for
completing the develoment and satisfying all conditions of
the Conditional Use Permit expires, the Conditional Use
Permit shall be considered void if no extension of time,
has been granted.
5.2.8. Previously Granted Permits. Any Conditional Use Permit
granted pursuant to any zoning ordinance enacted prior to the
effective date of this ordinance shall be construed to be a
Conditional Use Permit under this title subject to all conditions
imposed in such permit unless otherwise provided herein. Such permit
may, however, be voided as provided in Section 5.2.7.
5.2.9. Existing Uses. Uses existing on the effective date of the
ordinance codified in this title which are listed as permitted in this
title, subject to a Conditional Use Permit, in the zone in which they
are located, may continue without securing such a permit; however, any
extension or expansion of such use shall require a Conditional Use
Permit.
.
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SECTION 5.3: ZONING AMENDMENT
, ,
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 usesth~r~in or> other provisions
of this title maybe amended as follows: .'..,
a. By amending the zoning map, or
b. By revising the text of the ordinance.
,.
Amendments of this ordinance and "the map which is a part hereof, may
be initiated by:
a. The verified application of the owner or owners of property
which is proposed to be changed or reclassified.
c
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b. 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 appl ication,
the City Clerk shall set the matter for hearing within sixty (60) days
and shall give notice of the time and place of the hearing and the
purpose thereof in the manner described in Section 5.1.4.
..
.. .
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5.3.4. Council to Hold Public Hearings. following the filing or
presentation of a proposed amendment, the City Council shall conduct a
duly advertised public hearing on the matter, public notice of which
shall be given as provided in Section 5.1.4. The hearing shall be
conducted within sixty (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
43
5/17/88
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DRAFT
COMPREHENSIVE ZONING ORDINANCE
CITY OF VERNON
.
October, 1987
//
Prepared by
Cotton/Beland/Associates, Inc.
.
#316
.
COMPREHENSIVE ZONING ORDINANCE
CITY OF VERNON
TABLE OF CONTENTS
SECTION PAGE
I. INTRODUCTION
1.1 Title
1.2 Purpose and Intent
1.3 Interpretatio~
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
.
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
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PART I
INTRODUCTION
SECTION 1.1; TITLE
This ordinance and its accompanying map, shall be known as the
"COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VERNON", and for
convenience may be referred to as the "ZONING ORDINANCE".
SECTION 1.2: PURPOSE AND INTENT
The purpose of this ordinance is to consolidate and coordinate all
existing zoning regulations and provisions into one comprehensive
zoning plan in order to designate, regulate and restrict the size,
location and use of buildings, structures, and land for residence,
commerce, trade, industry, or other purposes in order to protect the
public health, safety and welfare. To achieve these purposes, this
ordinance divides the City into zones of such number, shape, and
area as may be deemed best suited to carry out these regulations and
provides for the the administration of said regulations and their
enforcement.
.
SECTION 1.3: INTERPRETATION
In their interpretation and application, the provisions 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.
SECTIDN 144: 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 is located and then only after securing all
permits and licenses required by law and ordinance.
.
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2. No city official, officer, or employee or anyone acting upon
behalf of such person shall issue any license or permit for uses,
buildings, or purposes contrary to, or in violation of, the
provisions of this Ordinance.
SECTION 1.5: VESTED RIGHT
Nothing in this ordinance shall create or be construed to create
any vested right in any person.
SECTION 1.6: SEVERABILITY
Should any section, subsection, clause, of provision or this
Ordinance for any reason be held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining
portions of this Ordinance; it being hereby expressly declared
that this Ordinance and each section, subsection, sentence,
clause, and phrase hereof would have been prepared, proposed,
approved and adopted separately and irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, or
phrases be declared invalid or unconstitutional.
.
SECTION 1.7: VIOlATIDN 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 provi s ions or fa i1 i'ng to comply wi th any of the
requirements of this Ordinance shall be guilty of a misdemeanor.
Any person convicted of a misdemeanor under the provisions of this
Ordinance shall be punishable by a fine of not more than Five
Hundred Dollars ($500.00) or by imprisonment for a period not
exceeding six (6) months or by both such fine and imprisonment.
Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision
of this Ordinance is committed, continued, or permitted by such
person and shall be punishable accordingly.
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PART I I
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
.
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 o~a change in the zone boundaries or zone
classifications upon the Official Zoning Map.
SECTION 2.2
2.2.1. Building, shall mean any structure built for the support,
shelter, or enclosure of persons, animals, chattels, or property of
any kind and having a roof supported by columns or walls and
attached to the ground.
2.2.2. Building, Enclosed, shall mean a building separated on all
sides from the abutting open space, or from other buildings or
other structures, by a permanent roof and exterior walls, pierced
only by windows and entrance and exit openings.
2.2.3. Building, Main, shall mean the building in which is
conducted a principal use of the lot upon which it is situated.
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SECTION 2.3
2.3.1. Center line, shall mean a line located in the center of the
ultimate right-of-way as established by the City Engineer.
SECTION 2.4
2.4.1. Disposal, Hazardous Material, shall mean the discharge,
deposit, injection, dumping, spilling, leaking, or placing of any
hazardous waste into or on any land, air or water so that such
hazardous material or any constituent thereof may enter the
environment.
2.4.2 Distribution Facility, shall mean a building or part of a
building used to consolidate freight to be shipped, or used for
the transfer of good:; (including containerized cargo), from one
truck to another or betweenar41ilroad car and truck. Storage of
goods or merchandise other than in connection with distribution
activities is not included within this def1nitign.
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.
SECTIDN 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.
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SECTION 2.7
2.7.1. Hazardous Material, shall mean any substance which, because
of its toxicity, quantity, or physical, chemical or infectious
characteristics poses a significant present or potential hazard
to the health or safety of humans, domestic livestock, or wild-
life, including those materials so defined by the federal or
state government.
2.7.2. Hazardous Waste, means a waste, or combination of wastes,
which because of its quantity, concentration, or physical, chemical
or infectious characteristics may either (i) cause, or significantly
contribute to an increase in mortality or an increase in serious
irreversible, or incapacitating reversible illness, or (ii) pose a
substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
2.7.3. Hazardous Waste Treatment, means any method, technique or
process, including neutralization, designed to change the physical,
chemical or biological character or composition of any hazardous
waste so as to neutralize such waste, or so as to recover energy or
material resources from the waste, or so as to render such waste
nonhazardous or less hazardous; safer to transport, store or dispose
of.
."-..,..
,_._c.
2.7.4. Hazardous Waste lreatment Facility, means all continguous
land, structures, other appurtenances and improvements on the land,
used for handling, processing, treating, storing or disposing of
hazardous waste. Any facility incidental to a manufacturing
operation shall be exempt.
2.7.5. Hotel, shall mean any building containing two (2) or more
individual rooms or suites of rooms intended or designed to be used,
or which are used,rented or hired out to be occupied, for sleeping
or housing purposes by guests. Hotels include motels, boarding
houses, rest homes, sanitariums, dormitories, and any other
structure or building other than a resident dwelling unit used for
the housing or sleeping or humans.
SECTION 2.8
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2.8.1. Industrial Building, shall mean a building devoted to the
storage, manufacture, preparation, assembly, packaging,
compounding, or treatment of any article, substance, or commodity
whatsoever and includes service facilities required to support
the processes.
2.8.2. Industry, shall mean the storage, manufacture, preparation,
assembly, packaging, compounding, or treatment of any article,
substance or commodity whatsoever and includes services required
for efficient operation.
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SECTION 2.9
2.9.1: Junk Yard, shall mean the business of dealing in, selling,
or buying for resale materials such as scrap metal, second hand
metal of any kind, rags, paper, bottles, wooden pallets, cardboard,
plastics or comparable matter.
SECTION 2.10
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2.10.1. loading Space, Off-Street, shall mean an off-street space,
on the same lot with a use or building, for the parking of a vehicle
while loading or unloading merchandise or materials.
2.10.2. lot, shall mean a contiguous quantity or parcel of land in
the possession of, or owned by, or recorded as the property of
the same claimant or person and shall further mean:
(a) a parcel of real property when shown as a delineated
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
cons i dered as ,one lot for the purposes and requ i rements of th is
Chapter.
SECTION 2.11
2.11.1. Major Arterial, shall mean those streets designed to
connect major activity areas within the City to the freeways and
major locations throughout the district, as designated in the
Circulation Element of the General Plan.
2.11.2. Motel, shall mean a group of attached or detached buildings
containing individual sleeping rooms or dwelling units for the
temporary use by automobile tourists or transients; including
auto courts, motor lodges, and tourist courts.
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SECTION 2.12
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2.12.1. Non-Conforming Building or Structure, shall mean a building
or portion thereof which was lawfully erected or altered and
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maintained but which because of the application of this Ordinance to
it, no longer conforms to the regulations set forth in this
Ordinance applicable to the zone in which such building is located.
2.12.2. Non-Conforming Use, shall mean a use which was lawfully
established and maintained but which because of the application
of this Ordinance to it, no longer conforms to the use regulations
set forth in this Ordinance applicable to the zone in which such
use is located.
SECTION 2.13
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2.13.1. Person, shall mean an individual, firm, co-partnership,
joint venture, assocw.tion, social club, fraternal organization,
corporation, estate, trust receiver, syndicate, municipal, political
or governmental corporation, district, body, or agency other than
the City of Vernon.
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,
.
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fowl, or fish byproducts. "Rendering Plant" shall not include an
establishment exclusively producing fats, oils, lard or similar
products for human consumption; nor, a rendering process in
connection with and incidental to a slaughterhouse, abattoir,
packing plant or similar -establishment producing food for human
consumption.
2.14.4. Resident Dwelling Unit, shall mean living quarters whether
within a detached accessory building or attached to the main
building, reserved for use by a watchman, emergency personnel,
maintenance personnel, or such other person whose function is
incidental to the maintenance of the property and whose residence on
said property is required as a part of his employment. Such
resident dwelling units may be occupied by the family of the person
required to live therein but may not be occupied by persons other
than those related by blood or marriage to the person required to
live therein. Resident dwelling units shall include detached homes
necessary for the health, safety and general welfare of the City.
These dwellings shall be permanent structures; no building shall
exceed 2 stories or thirty-five feet (35') in height; the lot shall
have a minimum area of five thousand square feet (5,000 sq. ft.) per
dwelling unit; and each dwelling shall have garage space for a
minimum of one and a maximum of 3 cars and can be privately owned.
.
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 S1.4. The sound
level meter shall be set at "A" weighting and at "SLOW" dynamic
characteristic. The unit of any sound level is the decibel, having
the unit symbol dB.
2.15.4. Street, shall mean any public right-of-way or private
recorded thoroughfare which affords a principal means of access
of an abutting lot.
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SECTION 2.16
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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. 1~ term
"trailer" shall include camp car, hous~~,lIlobile home and~--------------
2.16.2. Trailer Park, shaH~ 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. 35401.5(a).
2.16.4 Truck, Standard, shall mean a combination of vehicles
consisting of a truck tractor and semitrailer, or of a truck
tractor, semitrailer, and trailer, max. 65' in length as regulated by
California Vehicle Code Section 35401(a).
2.16.5 Truck, Sales, Fabrication or Rapair Facility, shall mean
a lot or building or part thereof used for the sales, fabrication
or manufacturing of trucks, or a truck repair activity either
related to truck sales or devoted exclusively to repair.
2.16.6. Truck Terminal, shall mean 1) any lot, building or part of
a building within which goods or freight are transferred or
redistributed from one vehicle to another and/or 2) any lot,
building or part of a building used primarily for the storage,
maintenance, or servicing of highway-type property-carrying
vehicles.
SECTION 2.17
2.17.1. Use, shall mean the purpose for which a lot or building is
arranged, designed, or intended or for which it is or may be,
occupied or maintained. //
2.17.2. Use, Accessory, shall mean a use customarily incidental or
subordinate to the principal use of a lot or building located
upon the same lot or building site and which is exclusively used
by the occupants of the main building. An accessory use shall not
occupy more than fifty percent (50%) of the gross floor area
occupied by the use or generate more than fifty percent (50%) of
the revenues of the use.
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SECTION 2.18
2.18.1. Vibration, shall mean discreet ground movement as measured by
peak particle velocity in inches per second.
SECTION 2.19
2.19.1. Warehouse, shall mean a building or part of a building used
primarily for the storage of non-perishable goods intended for
distribution to other locations for retail or wholesale or
mail-order sale.
2.19.2. Zone, shall mean a section of the City to which regulations
governing the height, area, use, size of buildings and
structures, and other uniform regulations apply.
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PART II I
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
.
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
IICOMPREHENSIVEZONING MAP OF THE CITY OF VERNONII. 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
Wherelln.certainty 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 1 ines are i ndi cated as fo 11 owi ng 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.
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3. Where zone boundary lines are so indicated that they are
approximately parallel to the center lines or street lines of
streets, said zone boundary lines shall be construed as being
parallel thereto and at such distance therefrom as indicated. If
no distance is given, such dimensions shall be determined by the
use of the scale as shown on the Comprehensive Zoning Map.
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4. Where the zone boundary lines follow a railroad right-of-way,
said zone boundary lines shall be construed, unless otherwise,
indicated to be located midway between the main tracks of said
railroad right-of-way.
5. Where the zone boundary line is uncertain or claimed to be
uncertain, the determination of the City Council as to the
location thereof, shall be final and conclusive.
SECTION 3.4: KEEPING OF MAP
The City Clerk shall keep a true and correct copy of the current
Comprehensive Zoning Map at his office in the City Hall of the
city. Said map shall be certified by the Clerk as being the
Comprehensive Zoning Map of the city; and at the end of each
calendar year, said map shall be revised by the Clerk, or at the
direction of the Clerk, to reflect all amendments enacted during
the previous year.
SECTION 3.5: GENERAL INDUSTRY (M) ZONE
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3.5.1. Purpose and Intent. The M Zone is intended to provide for
the orderly development and operation of most types of -industr4a-l-
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-
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street parking and loading facilities, and that the proposed use
will not generate traffic, noise, vibration, dust, odor, smoke,
light, or risk of upset or explosion which is obnoxious to or
interferes with the operation of adjacent uses.
a. Retail Commercial uses with a floor area of 10,000
square feet or more.
b. Hazardous Materials Processing Facilities so long as they
comply with all the requirements of State and federal law and
subject to the standards specified in Section 5.2.6.
c. Businesses and Services including but not limited to
banks, publishing and printing shops, restaurants and
coffee shops, and business and professional offices
which serve industry.
.
d. Trash-to-Energy Facilities and Trash Transfer Stations,
subject to the standards specified in Section 5.2.6.
e. Petroleum Related Uses and/or uses primarily engaged in the
storage of petroleum products.
f. Public Storage Facilities, subject to the standards specified
in Section 5.2.6.
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
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intensity of development proposed as established by
traffic studies or other studies required by the City.
b. 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.
.
d. Vibration. Every use shall be so operated that the
steady ground vibration inherently and recurrently
generated shall not exceed two hundredth's of one inch
(0.02") per second particle velocity when measured at the
property line except that vibrations in excess of (0.02")
measured at the property line may be permitted with a
conditional use permit.
e. Radioactivity and Electrical Disturbances.
1. Except with the prior approval of the Council as to
specific uses, the use of radioactive materials
within any zone shall be limited to measuring,
guaging, and calibration devices, and tracer
elements in X-ray and like apparatus, and in
connection with the processing and preservation of
foods. In no event shall radioactivity, when
measured at each lot line, be in excess of two and
seven-tenths (2.7) by ten (10) to the eleventh
(11th) power microcuries per mill iter of air at any
moment of time. Transportation of radioactive
materials on City streets shall be permitted only
on Council-approved routes.
2. Radio and television transmitters shall be operated
at the regularly assigned wave lengths (or within
the authorized tolerances therefor) as assigned
thereto by the appropriate governmental agency.
Subject to such exception and the operation of
domestic household equipment, all electrical and
electronic devices and equipment shall be suitably
wired, shielded, and controlled so that in operation
they shall not, beyond the lot lines, emit any
electrical impulse or wave which will adversely
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affect the operation and control of any other
electrical or electronic devices and equipment.
f. Fire and Explosion Hazards. All storage of, and
activities involving, inflammable and'explosive materials
shall be provided with adequate safety devices against the
hazard of fire and explosion and with adequate
fire-fighting and fire-suppression equipment and devices
to the standards of the Fire Department.
.
SECTION 3.6: HEAVY INDUSTRY (M-2) ZONE
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 specifieQ in Section 5.2.6.
c. Resident Dwelling Units
d. Petroleum Refining and Related Uses and/or uses primarily
engaged in the storage of petroleum products.
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e. Transportation Related Uses (SIC Code Division E) and
provided further that
1) Freight or Truck Terminals comply with the requirements
of Section 4.2, Off-Street Parking and Loading Facilities,
and the standards specified in Section 5.2.6, Standard
Conditions, and
2) Public Storage Facilities are subject to the standards
specified in Section 5.2.6.
f. Trash to Energy Facilities and Trash Transfer Stations,
subject to the standards specified in Section 5.2.6.
g. Cogeneration Facilities, subject to the standards specified
in Section 5.2.6.
3.6.4. Development Standards. The following development standards
shall apply 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 m&}'.be approved-
where the City Council determines:
1. the strict application of the ratio to industrial
facilities with extensive conveyors, silos, towers,
tanks and related features makes floor area limitation
inappropriate, or
2. the proposed buildings or structures will not adversely
affect the ability of the City to provide public
services and utilities to the project, and'
3. surrounding streets and major streets providing aCCess
to the project are adequate to accommodate the
intensity of development proposed as established by
traffic studies or other studies required by the City.
b. Outdoor Activities and Storage. Outdoor activities and
storage may be permitted provided such activities and
storage are screened from public view. No materials or
wastes shall be deposited upon a subject lot in such form
or manner that they may be transferred off the lot by
natural causes or forces. Wastes which might cause fumes
or dust, which constitute a fire hazard, or which may be
edible by, or otherwise be attractive to, rodents or
insects shall be stored only in closed containers in
required enclosures.
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c. Off-Street Parking and loading. Off-street parking and
loading facilities shall be provided in accordance with the
provisions of Section 4.2.
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 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
eleventh (11 th) power mi crocuri es per mill il iter of air
at any moment of time. Transportation of radioactive
materials shall be permitted only DO route~ approved
by the City Council.
2. Radio and television transmitters shall be operated at
the regularly assigned wave lengths (or within the,
authorized tolerances therefor) as assigned thereto by
the appropriate governmental agency. Subject to such
exception and the operation of domestic household
equipment, all electrical and electronic devices and
equipment shall be suitably wired, shielded, and
controlled so that in operation they shall not, beyond
the lot lines, emit any electrical impulse or wave
which will adversely affect the operation and control
of any other electrical or electronic devices and
eqUipment.
f. Fire and Explosion Hazards. All storage of, and activities
involving, inflammable and explosive materials shall be
provided with adequate safety devices against the hazard of
fire and explosion and with adequate fire fighting and fire
suppression equipment and devices to the standards of the
,Fire Department.
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SECTION 3.7: COMMERCIAL-INDUSTRIAL (C-M) ZONE
3.7.1. Purpose and Intent. The C-M Zone is intended to provide an
appropriate location for those commercial, service, and business
operations which are necessary to support industrial operations and
which, by their nature, do not generate excessive traffic or other
external effects inappropriate to industrial areas. The regulation
of uses and standards of development set forth in the C-M Zone are
those deemed necessary to promote the orderly operation and
efficient functioning of the district and to protect industrial uses
from the harmful effects of commercial use.
3.7.2. Permitted Uses. Buildings, structures, and land in the C-M
(Commercial-Industrial) Zone shall be used and buildings and
structures shall hereafter be erected, altered, or enlarged only for
the following uses, and all uses shall be subject to the standards
of this section:
.
a. All uses permitted in the M (General Industry) Zone.
b. General offices which do not generate more than 20
vehicle trips per 1,000 square feet per day.
c. Resident Dwelling Units.
d. Public uses and facilities.
3.7.3. Uses Which May Be Permitted By Conditional Use Permit. The
following uses may be permitted in the C-M Zone subject to the
approval of a conditional use permit as provided in Section 5.2, to
ensure that the proposed site has adequate access and off-street
parking and loading facilities, and that the proposed use will not
generate traffic, noise, vibration, dust, odor, smoke, or light
which is obnoxious to or interferes with the operation of adjacent
uses:
a. General offices which generate more than 20 vehicle trips
per 1,000 gross square feet of floor area per day.
b. Retail and wholesale commercial uses which involve
intensive customer traffic (i.e., generate more than 20
vehicle trips per 1,000 gross square feet of floor area per
day) .
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3.7.4. Development Standards. The following development standards
shall apply to all land and structures in the C-M
(Commercial-Industrial) Zone:
a. Activities. All activities and operations shall be
conducted within a completely enclosed building.
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b. Building Intensity. The total gross floor area of all
buildings and structures on a lot in the C-M Zone shall not
exceed a floor area ratio of 4.'0 times the buildable area
of said lot. A greater floor area ratio may be approved
where the City Council determines:
1. the strict application of the ratio to industrial
facilities with extensive conveyors, silos, towers,
tanks and related features makes floor area limitation
inappropriate, or
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 bestnredonly i~
closed containers in required enclosures.
eo Vibration. Every use shall be so operated that the ground
vibration inherently and recurrently generated shall not
exceed two hundredths of an inch (0.02") per second
particle velocity when measured at the property line.
f. Radioactivity and Electrical Disturbances.
1. Except with the prior approval of the Council as to //
specific uses, the use of radioactive materials within
any zone shall be limited to measuring, gauging, and
calibration devices, as tracer elements in X-ray and
like apparatus, and in connection with the processing
and preservation of foods. In no event shall
radioactivity, when measured at each lot line, be in
excess of two and seven tenths (2.7) by ten (10) to the
.
.
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.
eleventh (11th) power microcuries per milliliter of air
at any moment of time. Transportation of radioactive
materials shall be permitted only on routes approved
by Ci ty 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 dey~d
equipment shall be suitably wired, shield!d, and
controlled so that in op~rattoh t~ey shall not, beyond
the lot lines, emit any electrical impulse or wave
which will advers~ly affect the operation and control
of any other electrical or electronic devices and
equi pment.
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.
.
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.
3.8.2. Permitted Uses. Uses permitted by the underlying zone.
3.8.3. Uses Which May Be Permitted by Conditional Use Permit. In
addition to the uses permitted by the underlying zone, lots
totalling over one acre in area and located in the S (Slaughtering)
Overlay District may be used for the following purposes subject to ~
the approval of a Conditional Use Permit in accordance with the
provisions of Section 5.2:
.
a. Slaughtering of animals
3.8.4. Development Standards. Same as the underlying zone. In
addition, the City Council may impose as a part of the conditional
use permit such other requirements as are necessary to protect
adjacent uses from the traffic, noise, odor, dust, vibration and
risk of infection or upset associated with the proposed slaughtering
use.
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SECTION 3.9: R (RENDERING) OVERLAY DISTRICT
3.9.1. Purpose and Intent. The purpose of the R (Rendering) Overlay
District is to provide a location for the designated land uses which
will adequately accommodate their specialized operations without
generating traffic, noise, vibration, dust, odors, smoke, or light
which is obnoxious to or interferes with the operation of adjacent
uses. The provisions of this zone are intended to ensure that the
district will function safely and efficiently and provide an
attractive industrial environment.
3.9.2. Permitted Uses. Same as underlying zone.
3.9.3. Uses Which May Be Permitted By Conditional Use Permit. In
addition to the uses permitted by the underlying zone, lots
totalling over one acre in area and located in the R (Rendering)
Overlay District may be used for the following purposes subject to
the approval of a Conditional Use Permit in accordance with the
provisions of Section 5.2:
a. Rendering Facility
b. Fertilizer Facility
c. Junk Yard
.
3.9.4. Development Standards. Same as underlying zone, unless
additional requirements are imposed by the City Council as a part
of the Conditional Use Permit process in order to protect adjacent
uses from the traffic, noise, odors, dust, vibration or risk of
infection or upset associated with such use.
/
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.
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PART IV
REGULATIONS APPLICABLE TO All ZONES
SECTION 4.1 USES PROHIBITED
In addition to the prohibitions contained in Part III, the following
regulations shall apply:
a. Except for approved residential dwelling units, no dwelling
unit, motel, hotel, trailer, trailer park or other
building, facility, or structure used for dwelling purposes
temporary or permanent or for the housing or sleeping of
humans shall be permitted. The provisions of this
subsection shall not apply to trailers used for temporary
living quarters in connection with a construction program,
which have received the prior approval of the City Council.
No permit shall be issued by the City Council for such
temporary use unless it finds that the use requested is a
bona fide use directly related to and necessitated by a
current construction program upon the same lot and that
such temporary use will not be contrary to the intent and
purpose of this Ordinance and will not create a condition
detrimental to the public peace, health, safety, or general
welfare.
.
SECTION 4.2: OFF STREET PARKING AND lOADING FACILITIES
..
Adequate off-street parking 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
buil di ng.
4.2.1. Interpretation. The provisions of this Section shall be held
to be minimum requirements for the promotion of the public health,
safety, comfort, convenience, and general welfare, and shall not be
deemed or construed to prohibit the provision of additional
facilities as long as said facilities are approved by the City
Engineer. Any requests for variance or exceptions shall be
presented to the City Council as provided in Sections 5.1 and 5.4.
4.2.2. Consideration of Fractional Remainders. Where calculation
of the number of spaces required results in a fractional number, any
fraction shall be rounded to the next higher whole number.
4.2.3. Parking in BUildings. Where required parking or loading
space computations are based on floor area, floor space devoted to
parking within the building shall not be included in this
computation.
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t.
t
.
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 capaci~~
units of measurement specified in this Sectio_nr--t-he--atftlitional
required parking and loading facilitie$/UtaTl be provided for such
increase in accordance with the stanaards specified in this Section.
In addition, existing parking/and loading facilities on the property
cannot be reduced unle$ssubstitute 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
.
Industrial, manufacturing,
processing, assemblingt
packaging, warehousing,
storage, cold storage,
distribution facility and
s imil ar uses.
REQUIRED SPACES
One (1) space per 1,000
square feet of building
gross area.
Retail sales, services, offices,
and similar uses
One {1} space per 500
square feet of gross
floor area.
Uses including outdoor sales
or display (e.g. nurseries,
auto or boat dealers, etc.)
Restaurants, night clubs, bars,
and similar uses.
One (I) space per 5,000
s.quare feet of open
display or sales area.
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 {I} space per 100
square feet of gross
floor area.
Schools
One {I} space per
classroom.
.
Resident Dwelling Unit
23
One (I) space per unit.
10/6/87
.
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:
a. TRUCK PARKING
USE TYPE
REQUIRED SPACES
One (1) space per vehicle
operated from the site;
plus one (1) space per
10,000 square feet of
gross floor area.
Industrial, manufacturing
assembly, warehouses,
distribution facilities,
storage, cold storage and
s imil ar uses.
Retail sales, services,
offices and similar uses.
Public Utility facilities
One (1) space per vehicle
operated from the site.
One (1) space per vehicle
operated from the site.
.
b. TRUCK lOADING
GROSS FLOOR AREA (SQ. ft.)
Under 8,000
8,001 - 25,000
25,001 - 50,000
50,001 - 100,000
100,000 - 200,000
Each additional 100,000 or
fraction thereof
However, additional spaces may be required by the Director of
Community Services at the time of a plan review, or the issuance of
permits or licenses if determined to be necessary to assure the
provisions of adequate on-site parking and loading spaces.
/
/
.
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4.2.8. Development Standards. All off-street parking and loading
facilities for any use, building, or structure hereafter erected,
constructed, altered, or expanded in the City shall comply with the
following minimum standards:
a. Plot Plan. Whenever a building or structure is
constructed, erected or altered, or whenever the use of a
parcel, building or structure changes resulting in an
increased requirement for automobile parking or truck parking,
loading, and maneuvering areas, a plot plan clearly showing
such off-street parking and loading facilities, points of
access and egress, and circulation patterns in relation to the
bUildings, structures, and uses to be served, and to the
adjacent public streets is required.
Prior to issuance of any occupancy certificate, approval of the
plot plan by the Director of Community Services shall be
required if the proposal involves street frontage improvements
or alterations of existing public facilities such as, but not
limited to, driveways, sidewalks, curbs, and gutters.
Parking, loading, and manuevering plot plans and improvements
shall not be required for minor remodelling, painting, repair,
electrical and mechnical work. When parking, loading, and
maneuvering facilities are developed or altered without
modi fi cat ions to or construct i on of bu il dings 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:
/
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~:
.
Automobile parking space
Truck parking space
Truck loading space
8.5 ft. wide
15.0 ft. wide
20.0 ft. wide
19 ft. long
65 ft. long
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.
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d. Access. Easily accessible and adequate ingress and egress
shall be p~ovided 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
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~ tn
height or landscaped area a minimum of four (4) feet in width
shall be established along such full frontage, except at
driveways, walkways, or other openings where such are
necessary.
g. Paving. All parking and loading facilities shall be
paved with a hard, durable surface material and shall be
adequately drained. Drainage to the street which crosses
public areas such as sidewalks shall be by sheet flow or must
be contained in approved drain structures.
h. Maintenance. All parking and loading areas shall be kept
clean and free of dust, mud or trash. Parking areas shall be
used only for the purpose of parking vehicles. Where
landscaping is provided within or along any parking area, such.
areas shall be maintained and provided with permanent
underground, automated irrigation systems.
.
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..,..
....- ':'
Striping, marking, direction signs, lighting, screening and all
other improvements required by this section shall be adequately
maintained.
SECTION 4.3: STREET DEDICATIONS
4.3.1. Street Dedications. Property Adjoining a Street or Highway.
Where a lot or parcel of land in any zone adjoins a public street or
highway, the setback or building line shall be measured from a line
located at a distance equal to one-half (1/2) the planned ultimate
width of the street or highway, measured from the center line of the
street or highway, in accordance with the Master Plan of Streets.
The Director of Community Services shall designate the distance from
the center line in any case where the ultimate width of a proposed
street or highway is not specified.
SECTION 4.4: NON CONFORMING BUILDINGS, STRUCTURES, AND USES
.
Within the zones established by this Ordinance, there may exist
lots, structures, uses of land and structures, and characteristics
of use which were lawful before this Ordinance became effective but
which would be prohibited, regulated, or restricted under the terms
of this Ordinance or the Official Zoning Map. It is the intent of
this Ordinance to permit these nonconformities to continue for a
reasonable length of time on the basis hereinafter prescribed, but
not to encourage their survival. It is further the intent of this
Ordinance that nonconformities shall not be enlarged, expanded, or
extended, nor shall they be used as grounds for adding other
structures or uses prohibited elsewhere in the same zone.
4.4.1. Non-Conforming Use of a Conforming Building. The
nonconforming use of a conforming building may be continued
providing that such non-conforming use shall not be expanded or
extended into any other portion of the building nor shall any
structural alterations be made except those required by law and
amounting to not more than fifty percent (50%) of the reasonable
replacement value of the existing structure; and if such
nonconforming use is discontinued, any future use of such building
shall conform to the provisions of this Ordinance.
4.4.2. Non-Conforming Use of a Non-Conforming Building. The
nonconformi ng use of anon-conformi ng buil di ng may be continued
providing that such non-conforming use shall not be expanded or
extended into any other portion of the building nor shall any
structural alterations be made except those required by law and
amounting to not more than fifty percent (50%) of the reasonable
replacement value of the existing structure; and if such
nonconforming use is discontinued, any future use of such building
shall conform to the provisions of this Ordinance.
/
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.
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;.
4.4.3. Removal of Non-Conforming BUilding, Structures, and Uses.
Every non-conforming building, structure and use shall be completely
removed or altered to structurally conform to the uses and
development standards permitted in the zone in which it is located
within the herein specified times:
a. Where property is unimproved: one year.
b. Where the property has only minor, temporary or auxiliary
buildings or structures: one year
c. Where the nonconformity occurred as a result of the
adoption of Ordinance No. 752 on February 25, 1964:
within forty (40) years of that adoption date.
d. Where the nonconformity occurred as a result of the
adoption of Ordinance No. 856 on July 1, 1975: within
forty (40) years of that adoption date.
e. Where the nonconformity results from the adoption of this
Ordinance: within forty (40) years of its adoption date.
4.4.4. Non-Conforming Uses: Inadequate Off-Street Parking or Loading.
Any use which does not conform with the parking and loading
requirements of this ordinance shall be subject to the following
provisions:
.
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
compltance 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.
.
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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.
Ie
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-conformi ng buil di ng whi ch is vacant for a continuous peri od 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.
e
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"
1
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.
PART V
APPLICATION REGULATIONS AND PROCEDURES
In order to ensure the achievement of the goals and purposes of this
Ordinance without creating undue hardships, and in order to protect
the health, safety, and public welfare, the following regulations
and procedures are established.
SECTION 5.1: VARIANCES
Variances or exceptions from the terms of this ordinance shall be
granted only when, because of special circumstances applicable to the
property, including size, shape, topography, location or surroundings,
the strict application deprives such property of privileges enjoyed by
other property in the vicinity and under identical zoning
classification.
.
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 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.
a circulation plan, if the application requests variation
of parking, loading or related features, showing the
location and width of ingre~sand egress points to the
site, the location and dimensions and turning radii'ofall
parking and loading areas.
c. a floor plan, if applicable, of the building or buildings
showing interior features affected by the variance.
a.
b.
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/
/
/
/
/
.
5.1.2. Authority to Grant a Variance. When practical difficulties,
unnecessary hardships, or other results inconsistent with the general
purpose of this ordinance result through its strict and literal
interpretation, the City Council shall have authority, to grant upon
conditions as it may netermine, 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 (I80)
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:
a. By mailing a postcard notice, containing the same information
as the published notice, not less than fifteen (I5) 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
varian~e 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 ne~spaper 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 (IO) days prior to the date of the
hearing. The notice shall set forth the name and address of
,/
.
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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.
.
(4) The mere existence of a peculiar situation which will result
in unnecessary hardship to the applicant if the ordinance is enforced
does not necessarily require the granting of a variance.
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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 ri ghtsand pri vil eges granted by such vari ance 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 actua 11 y been commenced wi th in one hundred
twenty (12Q) 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 provisions
of the ordinance, to grant a Conditional Use Permit whenever it finds
the granting of said permit is consistent with the requirements,
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intent and purpose of this ordinance. The purpose of a Conditional
Use Permit is to allow proper integration of uses into the community
which may only be suitable in specific locations or designed and
constructed in a particular manner and/or under certain conditions.
5.2.1. Application and Fee. Application for Conditional Use Permit
shall be made by the property owner or his authorized agent, to the
Department of Community Services, on a form provided for that purpose
by the City, and shall be accompanied by a filing fee in an amount
established by resolution of the City Council. Application for a
Conditional Use Permit shall consist of a completed Conditional Use
Permit form and the following attachments:
a. a plot plan which shall show the surrounding land uses,
the location, dimensions and height of all buildings, and
the location and dimensions of all off street parking,
loading, and storage facilities. The plot plan shall
.include areas proposed for vehicle washing and/or
maintenance and repair, outdoor storage, and the location
and height of all fences, walls, screens, or landscaped
areas in relation to the operation of the proposed use.
b. a circulation plan which shall show the location and
width of ingress and egress points to the site, the
location and dimensions and turning radii of all parking
and loading areas, and the proposed truck route through
the City.
c. a floor plan showing (l) the proposed location for all punch
presses, drop hammers, riveteers, and automatic screw
machines, and their proposed moorings or foundations, and
(2) the areas proposed for storage, use, or processing of
explosive, toxic, infectious, or hazardous materials, and
the facilities and equipment to protect and contain or
suppress accidents or fires involving said materials.
5.2.2. Hearing Notice. Upon presentation of a completed application,
the City Clerk shall set the matter for hearing within 60 days and
shall give notice of the time and place of the hearing and the purpose
thereof in the manner described in Section 5.1.4.
.
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5.2.3. Hearing Action of the Council. If from the facts presented at
the public hearing or by an investigation by, or at the instance of
the City Council, the City Council makes the findings required
herein and finds that such conditional use permit or modification
thereof should be granted, the City Council by resolution may grant
the requested Conditional Use Permit in ~hole, or in part, and upon .
such terms and conditions as the City Council may deem proper to
preserve the public health, safety, convenience, and welfare and the
general intent and purpose of this Ordinance. The City Council
shall make its findings and determinations upon said petition within
the thirty (30) days after the conclusion of any hearing held
thereon and shall mail a notice of such decision to the petitioner.
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If the petition is disapproved, the petitioner, within thirty (30)
days from the date of the action by the City Council, may appeal to
the Council by a written notice of appeal filed with the City Clerk
in the manner described in Section 5.1.8
5.2.4. Time Limit. Any Conditional Use Permit granted by the City
Council becomes null and void if the permit is not exercised within
one hundred twenty (120) days of its approval.
5.2.5. Required Findings for a Conditional Use Permit. The City
Council shall make the following findings before granting a
Conditional Use Permit:
a. That the site for the proposed use is adequate in size and
shape; and,
.
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 tOjstreets 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:
~.'<
WI7
(l)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(l0)
(11)
Regulation of use,
Special yards, spaces and buffers,
Fences and walls,
Surfacing of parking areas subject to city
specifications,
Requiring street, service road and alley dedications
and improvements or appropriate bonds,
Regulation of points and vehicular ingress and egress,
Regulation of signs,
Requiring landscaping and maintenance thereof,
Requiring maintenance of the grounds,
Regulation of noise, vibration, odors, etc.,
Regulation of time for certain activities,
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(I2)
(I3)
(I4)
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:
(IS)
(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:
.
(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 facil ity.
(2) All storage units shall be equipped \'/ith landlord's lock.
Food storage shall be 1 imited 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 1 eases submitted by the publ i c storage facil i ty 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.
(6) The architectural character of the proposed structures shall
be based upon the appropriate use of sound materials and
upon the principles of harmony and proportion in the element
of the structures. The buildings shall always be maintained
in their original condition.
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(7) All materials used along the street frontage of the building
face shall consist of an architectural type masonry or
concrete wall.
(8) Whenever a public storage facility is discontinued for a
period of two hundred seventy days or not maintained in a
suitable condition, the permit may be voided.
(9) All other police, fire, health and community service
department requirements not listed herein shall be complied
with.
.
(b) Cogeneration Facilities.
(1) No building or structure shall be located within ten feet of
any property line abutting a street unless noted otherwise
in this section. All such required yards shall be
landscaped and sprinklered in accordance with a plan
approved by the Community Services Department.
(2) The architectural character of the proposed structures shall
be based upon the appropriate use of sound materials and
upon the principles of harmony and proportion in the element
of the structures. The buildings shall always be maintained
in their original condition.
(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 ona normal weekday (work day) between
the hours of 8:00 AM and 4:00 PM. The noise source in
question shall be off during these measurements.
(4) The proposed distribution and transmission conforms to the
Federal Energy Regulatory Commission.
(5) The facility be deemed a qualifying facility pursuant to the
Federal Energy Regulatory Commission.
(6) The facility receive a permit from the South Coast Air
Quality Control District.
(7) The electric integration of the facility be in accordance
with the rules and regulations of the City of Vernon Light
and Power Department.
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(c) Freighting or Trucking Terminal Facilities.
(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 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 proposed 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.
(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.
(e) Trash to energy facilities and trash transfer stations. The
standards for the granting of a conditional use permit are as
follows:
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(1) That the site proposed for use is adequate in size, shape
and topography, including drainage and landscaping; and
(2) That the site proposed for use has sufficient access to
streets which are adequate in width and pavement size, to
carry the quantity and quality of traffic generated by the
proposed use; and
(3) That necessary improvements be made to street system to
safely carry the anticipated increased traffic; and
(4) That the proposed use shall not unreasonably interfere with
the use, possession and enjoyment of surrounding and
adjacent properties; and
(5) That the proposed use shall be compatible with permitted
uses of surrounding and adjacent properties; and
(6) That the use shall, as to location, operation and design, be
consistent with the general plan, any applicable specific
plan, the zoning regulations of the City of Vernon and all
county, state and federal rules and regulations; and
(7) No building or structure shall be located within ten feet of
any property line abutting a street unless noted otherwise
in this section. All such required yards shall be
lands~aped 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.
(10) 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.
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(12) The facility receive a permit from the South Coast Air
Quality Control District.
(13) The electric integration of the facility be in accordance
with the rules and regulations of the City of Vernon Light
and Power Department.
5.2.7. Voiding Permits.
a. The council, with or without a recommendation from the
Director of Community Services, may by resolution, upon notice
and hearing as specified herein, void any conditional use
permit for noncompliance with the conditions set forth in
granting the conditional use permit. Notice of intent to void
specifying the reasons therefor and containing a time and
place of the hearing shall be given to the permittee not less
than twenty days before the specified ~ate. Notice of public
hearing shall be given as provided in subsection (b) of
Sect ion 5. 1. 4 .
.
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b. Not i fi cat i on of the -council action shal 1 berJ1ajlecl tlL!.h.a-
pet i t i oner and shall i nc 1 ude a copy w the counc il resol ut ion
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.
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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:
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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 day~ 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 shal1aflMHmce
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 ~f Council. Not later than twenty (20)
days following the decision of the City Council approving or denying
either an amendment to this title, or an appeal, one copy of such //
ordinance shall be forwarded to the applicant at the address shown
upon the application, and one copy shall be attached to the file in
the case and the complete file returned to the City Clerk and the
Community Services Department for permanent filing.
If the amendment involves an amendment to the official zoning map,
the Community Services Department immediately following the
effective date of the ordinance shall cause the official zoning map
to be so modified. Copies of the modified map shall be available to
the public on request.
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SECTION 5.4 INTERPRETATIONS AND MINOR EXCEPTIONS
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.
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 record shall be available for public review at
all times.
5.4.3. Record of Exceptions. Any exception made in accord with the
provisions of this section shall be duly recorded in concise language
and with accompanying drawings as required. The record shall be filed
in the Department of Community Services by property location using a
street address or other reasonable system to permit reference to the
exception made at any future date.
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