Ordinance No. 9731
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ORDINANCE NO. 973
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON ADOPTING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF VERNON, ESTABLISHING
ZONING DISTRICTS IN THE CITY AND REGULATING AND
RESTRICTING THE USE, SIZE, AND THE LOCATION OF
BUILDINGS AND IMPROVEMENTS ON LAND; THE USE OF
LAND AND OPEN SPACE; ADOPTING A MAP SHOWING SAID
ZONING DISTRICTS, DEFINING THE TERMS USED IN THE
ORDINANCE; PROVIDING FOR ITS ADJUSTMENT, AMENDMENT
AND ENFORCEMENT, PRESCRIBING PENALTIES FOR
VIOLATIONS; AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, the City Council of the City of Vernon has
caused a revised General Plan to be prepared and adopted; and
WHEREAS, the City Council has determined that certain
changes to existing City ordinances are necessary in order to
implement the goals and policies of the General Plan; and
WHEREAS, a duly- noticed public hearing has been held to
consider the proposed ordinance changes and public testimony has
been received and considered; and
WHEREAS, the City Council of the City of Vernon has not
created a separate planning commission and performs all of the
functions of a planning commission as authorized by Government
Code Sections 65100 and 65861; and
WHEREAS, the Comprehensive Zoning Ordinance of the City
of Vernon is consistent with the Vernon General Plan which has
been adopted by the City Council by Resolution No. 5609 on April
18, 1989; and
WHEREAS, the City Council has made the following find-
ings as a result of this review and hearing:
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1. That due and careful consideration has been given
to the suitability of each and every zone for the
regulations applicable to it, and that these
regulations are found to best serve the stated pur-
pose of each zone.
2. That these regulations are in the public interest,
and that due and careful consideration has been
given to ensure consistency between these regula-
tions and the General Plan of the City of Vernon.
3. That the property development standards included in
this ordinance are necessary to preserve the com-
munity health, safety, and general welfare; to as-
sure adequate levels of light and air; to promote
the functional compatibility of uses; to promote
the safe and efficient circulation of pedestrian
and vehicular traffic; to conserve and stabilize
the value of property; and to encourage the
development of property in such a manner as not to
adversely affect the use and enjoyment of adjoining
lands.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON
DOES ORDAIN AS FOLLOWS:
SECTION 1: ADOPTION OF REVISED COMPREHENSIVE ZONING
ORDINANCE. That the attached Comprehensive Zoning Ordinance of
the City of Vernon is hereby approved and adopted.
SECTION 2: CERTAIN ORDINANCES REPEALED. All Or-
dinances and parts of Ordinances in conflict herewith are hereby
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repealed, specifically Ordinance Nos. 752, 801, 856, 975, 976,
and 979, except to the extent that said ordinances are enforce-
able as to non - conforming buildings, structures, and uses pur-
suant to Sections 26.4.6, et seq. of the Comprehensive Zoning
Ordinance attached hereto.
SECTION 3: REPEALING OF PRESENT ZONING ORDINANCE.
That APPENDIX IV, Zoning Ordinance, of the Vernon City Code,
which incorporated Ordinance No. 856, is hereby repealed and
the Comprehensive Zoning Ordinance attached hereto is sub-
stituted in lieu thereof as Chapter 26 of the Vernon City Code
as of the effective date of its adoption.
SECTION 4: There being no newspaper printed, published
or circulated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this ordinance and shall
post the same, or cause the same to be posted, within fifteen
(15) days after its passage in accordance with Section 36933 of
the Government Code, in three (3) 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 Califor-
nia.
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SECTION 5: This ordinance shall be in full force and
effect thirty (30) days from and after the final passage of the
same.
1989.
ATTEST:
APPROVED AND ADOPTED this 2nd day of May
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BRUCE V. MALKENHORST, City Clerk
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EONIS C. MALURG, Ma or
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STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Ver-
non, do hereby certify that the foregoing Ordinance, being Or-
dinance No. 973, was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held on Tues-
day, April 18, 1989, and thereafter finally adopted at a regular
meeting of said City Council held on Tuesday, May 2, 1989 , by
the following vote:
(SEAL)
AYES: Councilmen: Malburg, Ybarra, McCormick
Davis, Gonzales
NOES: Councilmen: None
ABSENT: Councilmen: None
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BRUCE V. MALKENHORST, City Clerk
SUPPORTING
DOCUMENTS
COMPREHENSIVE ZONING ORDINANCE
OF THE
CITY OF VERNON
Chapter 26 of
The Code of the City of Vernon
Effective Date of This Ordinance
April 18, 1989
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COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VERNON
PART
Article I.
26.1.1.
26.1.2.
26.1.3.
26.1.4.
26.1.5.
26.1.6.
26.1.7.
26.1.8.
INTRODUCTION
Title.
Purpose and intent.
Interpretation.
Applicability.
Vested right.
Severability.
Violation.
Conflicts.
Article II. DEFINITIONS
Article III.
26.3.1.
26.3.2.
26.3.3.
26.3.4.
26.3.5.
26.3.6.
26.3.7.
26.3.8.
26.3.9.
Article IV.
26.4.1.
26.4.2.
26.4.3.
26.4.4.
26.4.5.
26.4.6.
Article V.
26.5.
26.5.1.
26.5.2.
26.5.3.
26.5.4.
ZONING DISTRICTS
Division of the city into zones.
Comprehensive zoning map.
Uncertainty as to zone boundaries.
Keeping of map.
General Industry (M) Zone.
Heavy Industry (M -2) Zone.
Commercial /Industrial (C -M) Zone.
Slaughtering (S) Overlay District.
Rendering (R) Overlay District.
REGULATIONS APPLICABLE TO ALL ZONES
Uses prohibited.
Off- street parking and loading facilities.
Building setback
Street dedication and improvements
Residential dwelling unit standards
Non - conforming buildings, structures, and uses
SPECIAL REGULATIONS AND PROCEDURES
Purpose.
Variances.
Conditional use permit.
Zoning amendment.
Interpretations and minor exceptions.
COMPREHENSIVE ZONING MAP OF THE CITY OF VERNON
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Chapter 26. Comprehensive Zoning Ordinance
Article 1. Introduction
Sec. 26.1.1: Title.
This ordinance and its accompanying map, shall be known as the
'COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VERNON* (hereinafter
"this ordinance "), which for convenience may be referred to as the
'ZONING ORDINANCE'.
Sec. 26.1.2. 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 administration of said regulations and their
enforcement.
Sec. 26.1.3. Interpretation.
In their interpretation and application, the provisions of this
Ordinance constitute the 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.
Sec. 26.1.4. Applicability.
This ordinance shall be applicable as follows:
(a) structure orx lot tshall rhereafter be� used doraoccupiedband no or
d9buildin
or part thereof shall be erected, moved, or altered unless in building
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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(b) 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.
Sec. 26.1.5. Vested right.
Nothing in this ordinance shall create or be construed to create
any vested right in any person.
Sec. 26.1.6. Severability.
If any provision or clause of this Ordinance or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of this'Ordinance which
can be carried out without the invalid provision or application, and to
this end the provisions of this ordinance are declared to be severable.
Sec. 26.1.7. Violation.
Violation of this ordinance or any part hereof is a misdemeanor
punishable by a fine of not more than five hundred dollars ($500), or
by imprisonment in the county jail for a period of not more than six
(6) months, or by both such fine and imprisonment. Each day or any
portion thereof during which any violation of any provision of this
Ordinance is committed, continued or permitted, constitutes a separate
and individual offense.
Sec. 26.1.8. Conflicts.
Any ordinance or resolution or parts thereof that are found to be
in conflict with this Ordinance are hereby superseded and shall have
no further force or effect.
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Article II. Definitions
Sec. 26.2 Purpose of 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.
Sec. 26.2.1. Definitions (A).
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.
Allen 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 Director of Community Services.
Ambient environmental noise means the intensity, duration, and
character of sound from all sources surrounding the place of
measurement.
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.
Auto Wrecker - see Junk Yard.
Sec. 26.2.2. Definitions (B).
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.
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.
Building, main, shall mean the building in which is conducted a
principal use of the lot upon which it is situated.
Sec. 26.2.3. Definitions (C).
Center line shall mean a line located in the center of the
ultimate right -of -way as established by the Director of Community
Services.
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Cogeneration shall mean the utilization of a single power
source for the production of both electrical energy and thermal
energy.
Commercial use shall mean businesses and services, including but
not limited to (a) banks, (b) publishing and printing shops, and (c)
restaurants and coffee shops.
Sec. 26.2.4. Definitions (D).
Disposal, hazardous material or waste shall mean the
discharge, deposit, injection, dumping, spilling, leaking, or placing
of any hazardous material or waste into or on any land, air or water
so that such hazardous material or waste, or any constituent thereof,
may enter the environment.
Dwelling unit, see Residential dwelling unit.
Sec. 26.2.5. Definitions (E).
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.
Sec. 26.2.6. Definitions (F -G).
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.
Floor area shall mean the total area of all floors contained
within the exterior walls of all buildings measured by the exterior
dimensions of the building, on a lot or parcel of land.
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.
Sec. 26.2.7. Definitions (H).
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 wildlife, including
those materials so defined by the federal or state government.
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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.
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. •
Hazardous waste treatment facility means all contiguous 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.
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.
Sec. 26.2.8. Definitions (I).
Industry shall mean the manufacture of any article, substance,
or commodity whatsoever including preparation, assembly, packaging,
compounding, or treatment incidental thereto and including services
required for efficient operation.
Sec. 26.2.9. Definitions (J -K).
Junk or salvage yard shall mean an auto wrecker or any business
dealing in, selling, or buying for resale, or recycling of materials
such as scrap metal, second hand metal of any kind, rags, paper,
bottles, wooden pallets, cardboard, plastics or comparable matter, but
shall not include a yard ancillary.to an industrial use. "Junk or
salvage yard" shall also mean a facility receiving solid wastes,
temporarily storing, separating, converting or otherwise processing the
materials in the solid wastes, or transferring the solid wastes
directly from smaller to larger vehicles for transport.
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Sec. 26.2.10. Definitions (L).
Landscaping shall mean an area devoted to the growing of plants
including trees, shrubs, grasses or groundcovers for the visual or
aesthetic enjoyment of people. Fountains or sculpture may occupy a
minor portion of the area.
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.
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.
Lot area shall mean the total area within the boundary lines
of a lot, excluding any area dedicated for road purposes.
Lot, merged, shall mean contiguous lots not a part of a
recorded subdivision and in the same ownership, which shall be treated
and considered as one lot for the purposes and requirements of this
Chapter.
Sec. 26.2.11. Definitions (M).
Maior 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.
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 and including
hotels, auto courts, motor lodges, and tourist courts.
Sec. 26.2.12. Definitions (N -0).
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 to it of this ordinance or
previous zoning ordinances, no longer conforms to the regulations
set forth in this ordinance applicable to the zone in which such
building is located.
Non - conforming use shall mean a use which was lawfully
established and maintained but which because of the application to
it of this ordinance or previous ordinances, no longer conforms to
the use regulations set forth in this ordinance applicable to the
zone in which such use is located.
Offices, general, shall mean offices which are not ancillary
to industrial uses and which do not primarily serve industrial uses
and shall include but not be limited to medical and professional
offices, real estate firms, stock brokerages, and bond and insurance
firms.
Sec. 26.2.13. Definitions (P -Q).
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.
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.
Petroleum - related use shall mean an establishment or plant for
the blending or processing of petroleum products but not including a
petroleum refinery or petroleum storage facilities, storage ancillary
to an industrial use, or fuel on the same premises as an industrial
use.
Petroleum storage facility shall mean an establishment
including a tank farm for keeping and storing gasoline, kerosene,
distillate fuel oils, residual fuel oils, lubricants, and other
petroleum products, but not including storage ancillary to an
industrial use such as fuel on the premises or storage as part of a
hazardous waste treatment facility.
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Public facilities shall mean any facilities structure, or land
owned or operated by a local, state, or federal agency or by a public
utility.
Public storage shall mean a structure divided in small sections
and used by the general public.
Sec. 26.2.14. Definitions (R).
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.
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.
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.
Residential dwelling unit shall mean one or more rooms in a
permanent structure managed or used as living quarters and containing a
kitchen.
Residential dwelling unit, independent living facility, shall
mean a unit located in conjunction with a detached single family unit
pursuant to Government Code 65852.2.
Residential dwelling unit, single, family unit, is a
residential unit located in:
(a) a detached house on an individual lot or parcel; or
(b) a detached accessory building or a building attached to the
main building on a parcel used for a non - residential purpose when
the dwelling unit is reserved for use by a resident. owner,
caretaker, watchman, emergency personnel, maintenance personnel,
or such other person whose function is incidental to the
maintenance, security or operation of the property and which
residence is required by the primary activity located on the
site.
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Residential dwelling unit, multiple, shall mean a building or
buildings designed to house several dwelling units on a single lot or
parcel.
Residence. temporary, shall mean a place of human habitation
intended to be occupied for a limited period of time during
construction activity.
Retail Use shall mean the point of final sale of goods directly
to customers, including mail -order sales.
Resource recovery yard, see Junk or Salvage Yard.
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 Master Plan of Streets of the City of Vernon.
Director of Community Services in accordance with the General Plan.
Sec. 26.2.15. Definitions (S).
Salvage yard see Junk yard.
Slaughtering shall mean the industrial process of butchering
animals and dressing and preparing the products of their carcasses for
food or other commercial purposes.
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.
Street shall mean any public right -of -way or private recorded
thoroughfare which affords a principal means of access of an abutting
lot.
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.
Sec. 26.2.16. Definitions (T).
Terminal, freight shall mean any lot, building, or part of a
building in or on which goods or freight are transferred or
redistributed from one vehicle to another.
Terminal, truck, shall mean any lot, building, or part of a
building used primarily for the storage, maintenance, or servicing of
highway -type vehicles carrying persons or property including but not
limited to trucks and buses.
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Trade schools shall mean an educational facility which provides
teaching and training in trades and crafts associated with industry,
including but not limited to welding, metal- working, machine tools,
refrigeration, and electronics.
Trash to energy facility shall mean a facility designed and
operated for the purpose of converting refuse 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, turbine and /or other generating equipment, and
vehicles required to service the facility.
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.
Trailer park shall mean any lot or portion thereof used or
designed to accommodate two (2) or more trailers used for housekeeping
or sleeping or living quarters, and such word shall include trailer
courts, mobile home courts, and mobile home parks.
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).
Truck, standard, shall mean a combination of vehicles consisting
of a truck tractor and semitrailer, or of a truck tractor, semi-
trailer, and trailer, max. 65' in length as regulated by California
Vehicle Code Section 35401(a).
Sec. 26.2.17. Definitions (U).
Usable open space shall mean area on a parcel used for residential
purposes which is devoted exclusively to such features as decks,
patios, play areas, hard surface game areas, swimming pools and areas
suitable for use by adults or children for recreational purposes. In
multiple unit structures, a balcony exclusively serving an individual unit
or a recreation room shall be counted in making the usable open space
calculation. Driveways and parking areas shall not be considered usable
open space.
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.
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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. Except for an accessory warehouse, 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.
Sec. 26.2.18. Definitions (V).
Vehicle sales, fabrication or repair facility shall mean a lot
or building or part thereof used for the sales, fabrication or
manufacturing of vehicles, or a vehicle repair activity either related
to vehicle sales or devoted exclusively to repair.
Vehicle trips or day shall mean the number of vehicular trips
generated by a use or activity and may be either the actual trips
established by counting or the projected trips as published in the
Trip Generation manual as published and periodically revised by the
Institute of Transportation Engineers.
Vibration shall mean discrete ground movement as measured by
peak particle velocity in inches per second.
Sec. 26.2.19. Definitions (W -Z).
Warehouse shall mean a building or part of a building used
primarily for the storage of non - perishable goods or non - refrigerated
perishable goods intended for distribution to other locations.
Wholesale use shall mean the sale of goods for distribution to
other locations for wholesale or retail sale.
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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Article III. Zoning Districts
Sec. 26.3.1. 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 as follows:
M - General Industry
M -2 - Heavy Industry
C -M - Commercial /Industrial
S - Slaughtering Overlay District
R - Rendering Overlay District
Sec. 26.3.2. Comprehensive zoning map.
A part of this Ordinance is a map which shows the location
and boundaries of the various zones established by this Ordinance.
This map shall be known, cited, and referred to as the 'COMPREHENSIVE
ZONING MAP OF THE CITY OF VERNON ". Said map, together with all
notations, references, and other information shown thereon shall be as
much a part of this Ordinance as if the matters and information set
forth by said map were all fully described herein.
Sec. 26.3.3. 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; and
(e). 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.
Sec. 26.3.4. 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, or more
often at the direction of the Clerk, said map shall be revised by the
Clerk to reflect all amendments.
Sec. 26.3.5. General Industry (M) Zone.
Sec. 26.3.5 -1. Purpose and intent. The General Industry (M) Zone
is intended to provide for the orderly development and operation of
most types of industrial plants and to promote the concentration of
such uses in a manner which will foster mutually beneficial
relationships with each other. The regulation of uses and standards
of development set forth in the M Zone are those deemed necessary to
promote the orderly operation and efficient functioning of the
district.
Sec. 26.3.5 -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.
(b) Residential dwelling, single family or independent living
facility in accord with Sec. 26.4.5 -3.
(c) Residence, temporary.
(d) Public facilities.
(e) Retail and commercial uses with a floor area of 10,000
square feet or less and which generate less than 20 vehicle trips per
day per 1,000 square feet of floor area.
(f) warehouses with hau floor narea oofs50 ,000e square lfeet gorclesso per lot
parcel. per or
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less.
(g) Refrigerated warehouses.
(h) Vehicle sales, fabrication or repair facility.
(i) General offices with a floor area of 10,000 square feet or
Sec. 26.3.5 -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 26.5.2.
(a) Retail and commercial uses with a floor area of more than
10,000 square feet or which generate more than 20 vehicle trips per
day per 1,000 gross square feet of floor area.
(b) Hazardous waste treatment facilities so long as they
comply with all the requirements of state and federal law and
subject to the standards specified in Section 26.5.2 -9.
(c) Trash -to- energy facilities subject to the standards
specified in Section 26.5.2 -9.
(d) Petroleum related uses and /or uses primarily engaged in the
storage of petroleum products.
(e) 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 26.5.2 -9.
(f) Cogeneration facilities, subject to the standards specified
in Section 26.5.2 -9.
(g) Trade schools.
(h) General offices with a floor area of 10,000 square feet or
more.
(1) Residential dwelling unit, multiple.
(j) Accessory warehouses with a floor area of 50,000 square
feet or more per lot or parcel being operated as an integral part of a
manufacturing operation located in the City of Vernon and storing
goods produced in that operation.
Sec. 26.3.5 -4. Development standards. The following development
standards shall apply to all land and structures in the M Zone, except
residential structures.
(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:
14
(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) Off- street parkins and loading. Off- street parking and
loading facilities shall be provided in accordance with the provisions
of Section 26.4.2.
(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 hundredths 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, gauging, 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
milliliter 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
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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.
Residential land and structures shall be developed in accord with
the standards specified in Sec. 26.4.5.
Sec. 26.3.6. Heavy Industry (M -2) Zone.
Sec. 26.3.6 -1. Purpose and intent. The Heavy Industry (M -2) 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.
Sec. 26.3.6 -2. Permitted uses. Buildings, structures, and land in
the M -2 Zone shall be used, and buildings and structures shall
hereafter be erected, altered, or enlarged only for the following
uses:
(a) All uses permitted in the M zone except for uses which
require a conditional use permit pursuant to Section 26.3.6 -3.
(b) Warehouses and wholesale uses including accessory
warehouses with a floor area of more than 50,000 square feet.
Sec. 26.3.6 -3. Uses which may be permitted by conditional use
permit. The following uses may be permitted in the M -2 Zone subject
to the approval of a conditional use permit as provided in Section
26.5.2:
zone.
(a) All uses which require a conditional use permit in the M
(b) Residential dwelling unit, single family or independent
living facility.
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(c) Freight or truck terminals and other transportation- related
uses.
Sec. 26.3.6 -4. Development standards. The development standards in
Section 26.3.5 -4 shall apply to all land and structures in the M -2
Zone except as follows:
(a) Vibration. Every non - residential 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.
(b) developed Residential.
d inaccordance wi Residential a structures
thstandardsspecifiedinSec. 26.4.5.
Sec. 26.3.7: Commercial- Industrial (C -M) Zone.
Sec. 26.3.7 -1. Purpose and intent. The Commercial- Industrial (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 zone.
Sec. 26.3.7 -2. Permitted uses. Buildings, structures, and land in
the C -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) All uses permitted in the M Zone without a conditional use
permit, as defined in Section 26.3.5 -2.
Sec. 26.3.7 -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
26.5.2.
more.
(a) General offices with a floor area of 10,000 square feet or
(b) Retail and commercial uses with a floor area of more than
10,000 square feet or which generate more than 20 vehicle trips per
1,000 gross square feet of floor area per day.
(c) Trade schools.
(d) Residential dwelling unit, multiple.
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Sec. 26.3.7 -4. Development standards. The development standards of
Section Sec. 26.3.5 -4 shall apply to all land and structures in the
C -M Zone with the following exceptions:
(a) Activities. All activities and operations shall be
conducted within a completely enclosed building except for required
parking and loading areas.
(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 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) Residential Uses. Residential land and structures shall be
developed in accord with the standards specified in Sec. 26.4.5.
Sec. 26.3.8. Slaughtering (S) Overlay District.
Sec. 26.3.8 -1. Purpose and intent. The purpose of the Slaughtering
(S) 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.
Sec. 26.3.8 -2. Permitted uses. Uses permitted by the underlying
zone.
Sec. 26.3.8 -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 Slaughtering
(S) 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 26.5.2:
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(a) Slaughtering of animals.
Sec. 26.3.8 -4. Development standards. The development standards are
the same as the underlying zone; however, 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.
Sec. 26.3.9. Rendering (R) Overlay District.
Sec. 30.3.9 -1. Purpose and intent. The purpose of the Rendering (R)
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.
Sec. 26.3.9 -2. Permitted uses. Same as underlying zone.
Sec. 26.3.9 -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 Rendering
(R) 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 26.5.2:
(a) Rendering plant;
(b) Fertilizer plant;
(c) Junk or salvage yard.
Sec. 26.3.9 -4. Development standards. The development standards
are the same as underlying zone; however, 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 such use.
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ARTICLE IV. Regulations Applicable to All Zones
Sec. 26.4.1. Uses prohibited.
No motel, hotel, trailer or trailer park shall be permitted.
The provisions of this section 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 in accord
with Section 26.4.4 -3
Sec. 26.4.2: Off- street parking and loading facilities.
Sec. 26.4.2 -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 26.5.1 and 26.5.4.
Sec. 26.4.2 -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.
Sec. 26.4.2 -3. Parking in buildings. Where required parking or
loading space computations are based on floor area, floor space
devoted to parking or loading within the building shall not be
included in the computation.
Sec. 26.4.2 -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.
Sec. 26.4.2 -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 or removed unless
substitute spaces are provided in accordance with this part.
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Sec. 26.4.2 -6. Automobile parking requirements. 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. To
meet the intent of this section, the minimum parking space
requirements for certain uses and buildings are declared to be as
follows:
USE TYPE REQUIRED SPACES
Industrial, manufacturing,
processing, assembling,
packaging, warehousing,
storage, cold storage,
distribution facility,
public utility facilities
and similar uses.
Retail sales, services, offices
and similar uses
Uses including outdoor sales
or display (e.g. nurseries,
auto or boat dealers, etc.)
Restaurants, night clubs, bars,
and similar uses.
Auditoriums, meeting halls,
trade schools, and other
places of assembly.
Schools (up to the 8th grade)
Resident Dwelling Unit -
Detached
Resident Dwelling Unit -
Multiple
One (1) space per 1,000
square feet of building
gross area.
, One (1) space per 500
square feet of gross
floor area.
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.
One (1) space per 100
square feet of gross
floor area.
One (1) space per
classroom.
One (1) space per unit.
One and one -half (1 -1/2)
spaces per unit.
For uses not identified in this section, the Director of
Community Services shall recommend the number of spaces required at
the time such use is proposed to be located in the City and shall
notify the Council of the recommendation. With the concurrence of
the Council, the Director of Community Services shall utilize the
recommended number of spaces as the standard for that and similar
uses. Such determination of required number of spaces shall be
recorded as specified in Section 26.5.4 -2.
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Sec. 26.4.2 -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 provide adequate parking space for all such trucks, regardless
of size, which are owned, leased, rented, or otherwise retained on
the premises and shall also provide 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
Industrial, manufacturing
and similar uses.
Warehouses, distribution
facilities, storage, cold
storage and similar uses.
Retail sales, services,
offices and similar uses
and stored at the site when
not in use.
Public utility facilities.
REQUIRED SPACES
one (1) space per 20,000
square feet of gross
floor area.
One (1) space per 10,000
square feet of gross
floor area.
One (1) space per vehicle
based at this location.
(b) Truck Loading.
GROSS FLOOR AREA (sq.ft.)
Under 8,000
8,001 - 25,000
25,001 - 50,000
50,001 - 100,000
100,0001 - 200,000
Each additional 100,000 or
fraction thereof
Truck loading spaces in excess of
counted as required parking space.
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the
One space per vehicle
based at this location
and stored at the site
when not in use.
MINIMUM
REQUIRED SPACES
1
2
3
4
5
1
required number may be
Sec. 26.4.2 -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 maneuvering plot plans shall not be
required for minor remodeling, painting, repair, electrical and
mechanical 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. If provided on a separate lot or parcel,
a covenant shall be recorded restricting the use of the property to
parking use for the benefit of the use requiring the parking. Such
separate parcel shall be 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 evidence shall be
filed with the City of Vernon assuring the use of such parcel is
limited to parking purposes in connection with that particular use or
occupancy requiring the parking 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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Width Length Neiaht
Automobile parking space 8.5 ft. 19 ft. 7 ft.
Truck parking space 10.0 ft. 65 ft. 15 ft.
Truck loading space 10.0 ft. 65 ft. 15 ft.
When one space only is
required the space
shall be 20.0 ft. 65 ft. 15 ft.
Loading equipment may extend into the 15 -foot high 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) Automobile parking layouts. Minimum dimensions for
designing automobile parking layouts shall be as follows:
Angle Stall
(Degrees) (Measured
Perpendicularly)
Aisle
1 30 17 ft. 13 ft.
45 20 ft. 15 ft.
t 60 21 ft. 21 ft.
90 19 ft. 27 ft.
1 (e). Access. Easily accessible and adequate i
egress shall be provided to all required parking and loading and
I 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. A minimum of forty (40) feet of unobstructed space
shall be maintained in front of all required truck parking and loading
1 spaces. Minimum required driveway widths shall be as follows:
Width
Height
1 One -way driveway 13 ft. 15 ft.
Two -way driveway 20 ft. 15 ft.
1
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No curbcut for a 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 for a driveway used by trucks or
within forty -five (45) feet of the point of tangency of any curb
return for a driveway used exclusively by automobiles.
(f) 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.
(g) Barriers. Where parking areas adjoin a public street or
streets, a masonry or concrete wall not less than thirty inches (30 ")
in height or an equivalent as approved by the Director of Community
Services 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.
(h) Paving. All parking and loading facilities shall be paved
with a hard, durable surface material and shall adequately drain.
Drainage to the street which crosses public areas such as sidewalks
shall be by sheet flow or must be contained in approved drain
structures.
(i) 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.
all other marking,
sectionlshallnbe adequately
and
maintained. quately
Sec. 26.4.3. Building setback.
Sec. 26.4.3 -1. Building setback, 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 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 in any case where the ultimate width of a proposed street
or highway is not specified.
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Sec. 26.4.4. Street dedication and improvements.
Sec. 26.4.4 -1. Street dedication and improvements. Dedication of
street right -of -way for a lot or parcel of land which adjoins a
street or highway in any zone and street improvements which are
reasonably related to any lot or parcel may be required with the
issuance of a building permit, occupancy permit, or conditional use
permit in accordance with the Master Plan of Streets.
Sec. 26.4.5. Residential dwelling unit standards.
Sec. 26.4.5 -1. Detached residential dwelling unit - single family.
detached residential unit when located on a lot or parcel as the
primary use of the property shall be a permanent structure not
exceeding two (2) stories or thirty -five (35) feet in height. The lot
shall have a minimum area of five thousand (5,000) square feet. The
dwelling shall have an attached or detached garage for a minimum of
one car. The unit shall have a minimum setback of ten (10) feet from
any street right -of -way property line and a minimum setback of five
(5) feet from any other property line.
Sec. 26.4.5 -2. Detached residential structure - multiple units. A
building designed to accommodate more than one residential unit when
located on a lot or parcel as the primary use of the property shall
be a permanent structure not exceeding three (3) stories or 45 feet in
height. The lot shall have a minimum area of four thousand (4,000)
square feet per dwelling unit on the property. Each dwelling unit
shall be provided with one garage space per unit on the parcel. Any
building containing a residential unit shall have a minimum setback
from any street right -of -way property line of five (5) feet and a
minimum setback from any other property line of five (5) feet.
Sec. 26.4.5 -3. Residential unit - temporary. Permission to locate a
temporary unit on a property shall be made by the City Council and
shall be made for a period not to exceed 180 days. No permit shall be
issued by the City Council for such temporary use unless 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.
Sec. 26.4.5 -4. Residential unit where primary use of property is
non - residential. A residential unit intended to house an owner or
employee, including emergency or maintenance personnel or watchman, on
the premises of a non - residential use, business, plant or facility,
shall be in a detached structure or attached to the primary structure
on the site and the unit shall be so designed as to comply with the
requirements of any City or State Health and Safety Codes relating to
residential use.
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Sec. 26.4.5 -5. Parking. Parking for residential units shall be as
specified in Sec. 26.4.2.
Sec. 26.4.5 -6. Landscaping. Residential units as described in Sec.
26.4.5 -1 and Sec. 26.4.5 -2 shall have a minimum of fifteen percent
(15%) of the lot or parcel area devoted to landscaping.
Sec. 26.4.5 -7. Usable open space. Residential units as described in
Sec. 26.4.5 -1 and Sec. 26.4.5 -2 shall have, in addition to the
landscaping required by Sec. 26.4.5 -6, usable open space equal to
fifteen percent (15 %) of the floor area in the building devoted to
residential use. In multiple unit buildings, the floor devoted to
central laundry or utility areas, garage or carport space shall be
excluded from the floor area calculation.
Sec. 26.4.5 -8. Independent living facility. An independent living
facility shall not be located in conjunction with a detached accessory
building or an attached residential dwelling unit on a property used
for non - residential purposes or a multiple residential dwelling unit.
An application for such a facility shall be filed with the Director of
Community Services including a plot plan of the parcel and the
buildings thereon. The Director of Community Services shall review
the plot plan to insure that the facility meets the requirements of
subparagraph (b) of Government Code Section 65852.2, except that the
total floor area for such a facility may equal but shall not exceed
750 square feet.
Sec. 26.4.5 -9. Occupancy. A residential dwelling unit shall be
occupied only by a person or a group of persons living together as a
family unit.
Sec. 26.4.6. Non - conforming buildings, structures, and uses.
Within the zones established by this Ordinance, there may exist
nonconforming buildings, structures, and uses. The intent of this
Ordinance is to permit these nonconformities to continue for a
reasonable length of time on the basis hereinafter prescribed, but not
to encourage their survival. Further, the intent of this Ordinance is
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.
Sec. 26.4.6 -1. Non - conforming use. The non - conforming use may be
continued providing that it shall not be expanded or extended into
any other portion of the building. No structural 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, except as
provided in Section 26.4.6 -5.
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Sec. 26.4.6 -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 cannot be converted
to a non - conforming use, except a set forth in Section 26.4.6 -8
Sec. 26.4.6 -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 following specified periods:
(a) Where property is unimproved or contains only parking or
where the property has only minor, temporary or auxiliary
buildings or structures: within three (3) years of January 1, 1989.
(b) Where the non - conformity occurred as a result of the
adoption of Ordinance no. 752 on February 25, 1964: within forty (40)
years of that adoption date.
(c) Where the non - conformity 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 non - conformity results from the adoption of
Ordinance No. 975, effective April 5, 1988, Ordinance No. 976,
effective May 17, 1988, Ordinance No. 979, effective December 22,
1988, Ordinance No. 982 effective April 18, 1989 or from this
ordinance: within forty (40) years of January 1, 1989, except as
provided in Sec. 26.4.6 -8.
Sec. 26.4.6 -4. Inadequate off - street parking, access or loading: Any
use which does not conform with the parking, access or 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 shall be provided in accordance with this ordinance upon
any change of use or occupancy or within three (3) years of January 1,
1989, whichever shall occur first.
(b) Where insufficient space exists on the lot or parcel for
compliance with the off - street parking and access requirements of this
Ordinance, compliance shall occur at the time of any expansion or
structural alteration of the building or buildings, or within forty
(40) years of the adoption of Ordinance 801, Off- street Parking and
Loading Ordinance, adopted on August 19, 1969, whichever occurs first.
(c) Where insufficient space exists on the lot or parcel,
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.
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(d) The City Council, in accordance with Section 26.5.1
(Variance), may relieve the occupant of all or part of the provisions
of the off - street parking, access and loading requirements of this
Ordinance if the City Council determines:
(1 The
and loading requirements�of this�Ordinance creates anrunreasonable access
hardship;
(2) The existing use does and will not adversely affect
the surrounding area; and
(3) The use does not require the number of spaces and /or
area specified by this Ordinance.
(e) These findings shall be made in lieu of the required
findings listed in Section 26.5.1 -6.
(f) In granting a variance, the City Council may impose
conditions on use of the parking, access, or loading spaces and areas
on the site. Such conditions may require that parking, access or
loading spaces and areas already existing on the site comply with the
provisions of this ordinance regarding length, width, overhead
clearance and any other dimensional standard.
Sec. 26.4.6 -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. All construction shall be performed in accordance with
the latest Uniform Building Codes as adopted by the City.
Sec. 26.4.6 -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 26.4.6 -3 of this ordinance.
Sec. 26.4.6 -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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Sec. 26.4.6 -8. Warehouse use. A warehouse use as described in the
following may be changed as follows:
(a) A property in the M Zone which on the effective date of
this Ordinance is improved with a building area of more than 50,000
square feet, but less than 75,000 square feet may subsequently be
utilized for either industrial or warehouse purposes until January 1,
2014.
(b) If on January 1, 2014 said property is used as a warehouse,
then it may continue to be so utilized; and if it is thereafter
converted to industrial use, it may not be reconverted to warehouse
use at any time during the time period specified in Section 26.4.6 -3
(d).
(c) If on January 1, 2014, said property is used for an
industrial use, it may not thereafter be converted to a non - conforming
use within the zone.
Article V. Special Regulations and Procedures
Sec. 26.5. Purpose.
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 for variances, conditional
use permits, zoning amendments, interpretations, and minor exceptions.
Sec. 26.5.1. 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,
strict enforcement deprives such property of privileges enjoyed by
other property in the vicinity and under identical zoning
classification.
(a) 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.
(b) 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 the specified use or activity.
Sec. 26.5.1 -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; and
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(c) A floor plan, if applicable, of the building or buildings
showing interior features affected by the variance.
Sec. 26.5.1 -2. Authority to grant a variance. When practical
difficulties, unnecessary hardships, or other results inconsistent
with the general purpose of this ordinance result through its strict
and literal interpretation, the City Council shall have authority, to
grant upon conditions as it may determine, a variance from the
provisions of this ordinance.
Sec. 26.5.1 -3. Limitations on grant of variance. 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. The granting of a variance must
not constitute the granting of a "special privilege" inconsistent with
the limitations on other nearby properties.
Sec. 26.5.1 -4. Hearing 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
(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
provided in paragraph a. and by one of the methods provided in b.
and c.
(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 radius of three
hundred feet (300') from the property for which a variance is
requested, using for this purpose the last known names and addresses
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 the
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
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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
(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.
Sec. 26.5.1 -5. Hearing, action of the City Council. If from the
facts presented at the public hearing or by an investigation at the
instigation of the City Council, the City Council makes the findings
required in Section 26.5.1 -6 herein and finds that such variance or
modification thereof should be granted, the City Council 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 decision on
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.
Sec. 26.5.1 -6. Findings and decision by resolution. 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) The circumstances surrounding the applicant's situation,
limited to the physical conditions of the property, 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 adversely affect the interests of the
public or the interests of other residents and property owners within
the vicinity of the premises in question;
(c) It is consistent with the objectives of the general plan
and the zoning ordinance; and
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(d) 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.
Sec. 26.5.1 -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.
Sec. 26.5.1 -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.
Sec. 26.5.1 -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. If the privileges authorized require some form of
construction work, such construction has not actually been commenced
within one hundred twenty (120) days after the effective date; or
(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.
Sec. 26.5.1 -10. Voiding of variance. The City Council, with or
without a public hearing on the matter, 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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Sec. 26.5.1 -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
26.5.1 -10.
Sec. 26.5.2. 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, 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.
Sec. 26.5.2 -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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Sec. 26.5.2 -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 nor
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 26.5.1 -4.
Sec. 26.5.2 -3. Hearing, action of the City Council. If from the facts
presented at the public hearing or by an investigation at the instigation
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 may grant the requested conditional use
permit in whole, or in part, incorporating such conditions as described in
Section 26.5.2 -8 and 26.5.2 -9. The City Council shall make its findings
and determinations upon said petition within thirty (30) days after the
conclusion of any hearing held thereon and shall mail a notice of such
decision to the petitioner.
Sec. 26.5.2 -4. Findings and decision by resolution. 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 conditional use permit necessary to carry out the
provisions and general purpose of this ordinance, and shall order
that the conditional use permit be granted or denied.
For non - residential uses, the required findings shall include:
(a) That the site for the proposed use is adequate in size,
shape and topography, including drainage and landscaping;
(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 proposed use will be compatible with the permitted
uses of surrounding and adjacent properties;
(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;
(e) That the site has adequate off - street parking and loading
facilities;
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(f) That the use, as to location, operation and design, is
consistent with the general plan, any applicable specific plan and
the zoning regulations of the City of Vernon and all applicable
County, State, and federal law, rules and regulations; and
(g) necessary h conditions stated in decision deemed
y toprotectthepublichealth ,safetyandgeneralwelfare.
For residential uses, the required findings shall include:
(a) That the site for the proposed use is adequate in size, shape
and topography including drainage, proposed landscaping and usable open
space;
(b) That the proposed use will not have an adverse effect upon
adjacent or abutting properties or will not be adversely affected by
uses on adjacent or abutting properties in terms of parking, noise,
odors, dust, smoke, light or glare, hours of operation, or risk of fire,
infection or explosion;
(c) That the proposed use will be compatible with the permitted
uses of surrounding or adjacent properties;
(d) That any environmental conditions which would be hazardous
to the health, safety and welfare of residents of the use can be
adequately mitigated;
(d) That the site has adequate off - street parking facilities;
(f) That the use, as to location and design, is consistent with
the general plan and the zoning regulations of the City of Vernon and
all applicable County, State and federal law, rules and regulations;
and
(g) That the conditions stated in the decision are deemed to
protect the occupants and the public health, safety and welfare.
Sec. 26.5.2 -5. Notice of decision. Not later than five (5) days
following the rendering of a decision ordering that a conditional use
permit 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.
Sec. 26.5.2 -6. Effective date of order granting or denying a
conditional use permit. Time for appeal. The order of the City
Council in granting or denying a conditional use permit 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.
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Sec. 26.5.2 -7. Time limit. Any conditional use permit 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 conditional use
permit are not utilized within one year from and after the effective
date; and if the privileges authorized require some form of
construction work, such construction has not actually been commenced
within one year after the effective date; or
(b) The matter for which approval was granted has ceased to
exist or has been suspended for one hundred twenty (120) days or more.
(c) The City Council may grant extensions of time, but not more
than one (1) year at a time without a public hearing.
Sec. 26.5.2 -8. General conditions. The City Council shall impose
conditions on the conditional use permit to protect the public
health, safety and general welfare. In addition to the standard
conditions for special facilities set forth in this ordinance, such
conditions may include:
(m)
Regulation of use;
Special yards, spaces and buffers;
Fences and walls;
Surfacing of parking areas subject
Requiring street, service road and
improvements or appropriate bonds;
Regulation of points and vehicular
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;
Time period within which the proposed use shall be
developed;
Duration of use; and
to city specifications;
alley dedications and
ingress and egress;
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(n) 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.
Sec. 26.5.2 -9. Standard conditions for specific facilities. 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 the tenant or
his agent when a signature of one 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) 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
(7) All other police, fire, health and community service
department requirements not listed herein shall be complied with.
(b) Hazardous waste treatment facilities, and ,funk and
salvage yards.
(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 Director of
Community Services Department;
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(2) The architectu
structures shall be based upon
materials and upon the principl
element of the structures. The
in their original condition;
(3) The sound leve
as measured at or'at any point
property on which the noise sou
environmental noise alternative
level shall not exceed the equi
as measured at the property lin
between the hours of 8:00 AM an
question shall be off during th
(4) All trash -rela
within an enclosed setting; and
(5) The facility h.s received a permit from the South
Coast Air Quality Control District and any other State or federal
agency.
al character of the proposed
he appropriate use of soundproofing
s of harmony and proportion in the
buildings shall always be maintained
shall not exceed sixty -five (65) dBA
utside the property lines of the
ce is located, or the ambient
may be used, whereby the maximum sound
alent sound level for eight (8) hours
s on a normal weekday (work day)
4:00 PM. The noise source in
se measurements;
ed activities shall be conducted
(c) Cogeneration facilities and trash to energy facilities.
(1) All facilities shall meet the requirements of
subdivision (b) of this section.
(2) The proposed distribution and transmission shall
conform to the regulation of the Federal Energy Regulatory Commission;
(3) The facility sh
facility pursuant to the Federal
(4) The electric in
accordance with the rules and re
and Power Department.
Sec. 26.5.2 -10. Voiding or exte
(a) Voiding of permit. T
recommendation from the Director
and hearing as specified herein,
conditional use permit for nonco
in granting the conditional use
Council's intent to consider the
the reasons therefor, shall be g
ten (10) days prior to Council a
public hearing and notice of the
provided in subsection (b) of Se
11 be determined a qualifying
Energy Regulatory Commission; and
egration of the facility shall be in
ulations of the City of Vernon Light
ding permit.
e Council, following receipt of a
of Community Services, upon notice
may by resolution, void any
pliance with the conditions set forth
ermit. A letter stating the
voiding of the permit and specifying
ven to the permittee not less than
tion. The Council shall conduct a
public hearing shall be given as
tion 26.5.1 -4.
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(b) Notification. Noti
be mailed to the petitioner by
of the Council resolution spec
conditional use permit.
(c) Findings. Findings
not be limited to: (1) the pr
of the project or its circumst
or local rules, regulations, o
factors have made the project
(d) Extension of time 1
permit conditions. If an esta
development and satisfying all
permit expires, the conditiona
no extension of time has been
ication of the Council action shall
the City Clerk and shall include a copy
fying the reasons for voiding the
for voiding a permit shall include but
ject has been abandoned, (2) the scope
nces have changed, (3) federal, State
laws have changed and (4) other
nfeasible or undesirable.
mit for satisfying conditional use
lashed time for completing the
conditions of the conditional use
use permit shall be considered void if
ranted.
Sec. 26.5.2 -11. 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 expa lion of such use shall require a
Conditional Use Permit.
Sec. 26.5.2 -12. Previously granted conditional use permit. Any
conditional use permit granted pursuant to any zoning ordinance
enacted prior to the effective •ate of this ordinance shall be
construed to be a conditional use permit under this title subject to
all conditions imposed in such •ermit unless otherwise provided
herein. Such permit may, howev•r, be voided as provided in Section
26.5.2 -10.
Sec. 26.5.3. Zoning amendment.
Sec. 26.5.3 -1. Purpose. Whene
general welfare require, the bo
this title, the classification
provisions of this title may be
(a)
(b)
By amending the zoni
By revising the text
Sec. 26.5.3 -2. Amendments. Am
which is a part hereof, may be
(a) The verified applica
which is proposed to be changed
an amendment, supplement to, or
for his property, or
er public necessity, convenience and
ndaries of the zones established by
f property uses therein or other
amended as follows:
g map, or
of the ordinance.
ndments of this ordinance and the map
nitiated by:
ion of the owner or owners of property
or reclassified, whenever he desires
change in the regulations prescribed
41
(b) By the adoption of
matter for hearing and conside
Sec. 26.5.3 -3. Hearing notice
application, the City Clerk sh
within sixty (60) days and sha
the hearing and the purpose th
26.5.1 -4. When an amendment i
City Clerk shall set the matte
26.5.1 -4.
Sec. 26.5.3 -4. City Council t
filing or presentation of a pr
hearing, the City Council shall
motion by the City Council setting the
ation.
Upon presentation of a completed
11 set the matter for public hearing
1 give notice of the time and place of
reof in the manner described in Section
initiated by the City Council, the
for hearing as described in Section
hold public hearings. Following the
posed amendment and notice of a public
conduct a hearing on the matter.
Sec. 26.5.3 -5. City Council t• announce decision. The City Council
shall announce its decision and if approval of the amendment is to be
granted, shall authorize the p eparation of an ordinance incorporating the
decision not more than thirty ( 0) days following the termination of the
hearing. 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 appli ation for the amendment or appeal
necessary to carry out the gene al purpose of this title.
Sec. 26.5.3 -6. Notice of decis
ordinance becomes effective, on
forwarded to the applicant at t
and one copy shall be attached
complete file returned to the C
Sec. 26.5.3 -7. Map modificatio
amendment to the official zonin
Department immediately followin
shall cause the official zoning
the modified map shall be avail
Sec. 26.5.4. Interpretations a
Sec. 26.5.4 -1. Interpretations
shall have the power to interpr:
Ordinance when any ambiguity or
Sec. 26.5.4 -2. Record of inter
Community Services shall keep a
made on file in the Department
shall briefly describe the inte
interpretation. The record shal
all times.
on of City Council. At the time the
copy of such ordinance shall be
e address shown upon the application,
o the file in the case and the
ty Clerk for permanent filing.
. If the amendment involves an
map, the Community Services
the effective date of the ordinance
map to be so modified. Copies of
ble to the public on request.
d minor exceptions.
The Director of Community Services
t the provisions of the Zoning
lack of clarity exists.
retations. The Director of
written record of interpretations
f Community Services. Such record
pretation made and the date of the
1 be available for public review at
42
Sec. 26.5.4 -3. Exceptions. Th Director of Community Services
shall have the authority to mak minor exceptions or adjustments to
the standards contained in this Ordinance if such exceptions are
necessary to assure an equitabl and reasonable application of the
Ordinance. Exceptions shall no result in the reduction of any
standard by an amount greater t an ten percent (10%). Any deviation
from a standard which exceeds t:n percent (10%) shall be made only
in accord with Section 26.5.1 ( ariances) of this Ordinance.
Sec. 26.5.4 -4. Record of exceptions. Any exception made by the
Director of Community Services 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.
Sec. 26.5.4 -5. Appeals. The City Council shall hear any appeals
from any action or decision of t e Director of Community Services.
Appeals shall be made in writing and the appellant may appear in
person before the City Council o be represented by an attorney and
may introduce evidence to suppor his claim. Appeals shall be heard
at reasonable times at the conve ience of the City Council, but not
later than thirty days after the receipt thereof. The appellant
shall cause to be made at his ow expense any investigation or
research required by the City Co ncil to substantiate his claim.
43
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