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Atwater City Zoning Code

CHAPTER 17

42 - M-2, INDUSTRIAL ZONE

17.42.010 - Purpose.

The purpose of the M-2 Industrial District is to provide sites to accommodate process oriented industries, heavy commercial uses and heavy industrial plants which, in the opinion of the Planning Commission, are not objectionable by reason of the production of noise, offensive odors, smoke, dust, bright light, vibration, creation of air, water or soil pollution, or involving the handling of explosive or dangerous materials.

(Ord. CS 583, 1984)

17.42.020 - Principal permitted uses.

A.

Administrative and executive offices where accessory to a permitted industry.

B.

Research laboratory, experimental or photographic laboratory.

C.

Manufacture of precision instruments, electric or electronic equipment, optical equipment.

D.

Printing plants including letterheads and stationery job printing.

E.

Wholesaling, warehousing, and truck terminals.

F.

Cemeteries.

G.

Other uses as determined by the Planning commission to be of the same general character as other permitted uses in this district, where all operations incidental to the manufacture take place within an enclosed structure, and where all noise, dust, vapor, odor, glare, or other possible nuisance is effectively confined to the premises.

H.

Emergency Shelters for the homeless. "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, where no individual or household may be denied emergency shelter because of an inability to pay. The standards for emergency shelters include the following:

1.

Number of Beds. An emergency shelter may have up to 60 beds.

2.

Location Requirement. Emergency shelters shall have separation of at least 300 feet from residential zones, parks, and schools.

3.

Hours of Operation. Facilities shall establish and maintain set hours for client intake and discharge. The hours of operation shall be consistent with the services provided and shall be posted in a publicly visible and accessible location on a sign that is no larger than one square foot.

4.

Outdoor Activities. Outdoor activity and intake areas shall be screened from public view and from the view of adjacent properties.

5.

Security. A security plan shall be submitted to the Sheriff's Department for review and approval prior to operation and shall be reviewed annually.

6.

Lighting. On-site lighting shall be provided in all parking, pedestrian paths, and entry areas. Lights shall be shielded and directed away from adjacent uses.

7.

On Site Staffing. A minimum of one supervisory level staff member must be present on the site during hours of operation. Operator(s) must ensure that loitering does not occur on the property during non-shelter hours and must ensure that clients are not loitering, littering, or otherwise creating a nuisance to the neighborhood.

8.

Parking. The emergency shelter shall provide on-site parking for all staff plus one space per ten occupants allowed at the maximum capacity.

9.

Length of Stay. The maximum length of stay shall be no longer than six months, as established by the California Health and Safety Code for emergency shelters.

10.

Compliance with Federal, State, and Local Regulations. Operation of emergency shelters shall comply with all Federal, State, and Local requirements.

11.

Compliance with Life Safety Regulations. Emergency shelters shall comply with all applicable Building, Fire, and Health and Safety codes.

12.

A plot plan review for proposed facilities shall be submitted to responsible County departments for review and comment.

(Ord. CS 583, 1984; Ord. CS 622, 1987; Ord. CS 1000, § 2, 11-13-2018)

17.42.030 - Conditional uses.

A.

Subject to Conditional Use Permit:

1.

A cannabis business, as defined and allowable in Title 5 of the Atwater Municipal Code.

2.

Other uses at the discretion of the Community Development and Resources Commission may be allowed through the issuance of a Conditional Use Permit, unless otherwise prohibited by law, and those uses which, in the opinion of the Community Development and Resources Commission, are objectionable by reason of the production of noise, offensive odors, smoke, bright light, vibration or involving the handling of explosive or dangerous materials.

3.

A mobile food vendor as defined in Section 17.06.536.

B.

Residential and commercial uses are specifically excluded from this zone by provisions of Article 6 of this chapter.

C.

None of the following uses, or uses similar to the general character of the following, shall be established within the M-2 district:

1.

Drilling for and/or removal of oil, gas, or other hydrocarbon substances.

2.

Commercial excavation of building or construction materials.

3.

Dumping disposal, incineration or reduction of garbage, sewage, offal, dead animals or refuse.

4.

Distillation of bones.

5.

Fat rendering.

6.

Manufacture or storage of acid, cement, explosives or fireworks, fertilizer, gas, glue, gypsum, lime or plaster of Paris.

7.

Stock yards or slaughter of animals.

8.

Refining of petroleum or its products.

9.

Smelting of copper, iron, tin, zinc, or other ores.

10.

Junk yards.

11.

Hog raising.

(Prior Code § 10-3.1701; Ord. CS 445, 1980; Ord. CS 583, 1984; Ord. CS 622, 1987; Ord. CS 995, § 2, 5-14-2018; Ord. CS 999, § 1, 11-13-2018; Ord. CS 1026, § II, 1-13-2020)

17.42.040 - Development standards.

A.

Minimum Lot Size: 0.5 acres.

Exterior setback: 15 feet minimum.

Interior setbacks: None, except as required by the building and fire codes unless the property adjoins a residential zone where a ten-foot setback is required.

Height of buildings: No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1.

The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2.

The Planning Commission makes all of the following findings:

A.

The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

B.

The project will be exemplary in its design;

C.

The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;

D.

The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;

E.

The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;

F.

Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;

G.

The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;

H.

The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and

I.

The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

B.

Solid fencing is permitted up to eight feet in height except in the exterior setback.

Open chainlink fencing up to eight feet in height is permitted anywhere on the property.

C.

Outdoor storage area shall be surrounded by a masonry, combination wood and masonry, ornamental screen or fence, or adequate planting sufficient to screen such storage areas from view in a manner subject to approval of the Planning Commission and no materials shall be stacked higher than the enclosure.

D.

Loading Area. Adequate off-street space for the handling of all materials and equipment shall be provided, before use permits are approved by the Planning Commission, or site plans are approved as described elsewhere in this title.

E.

Refer to Section 17.03.110 for requirements for collection and loading recyclable materials in development projects.

; Ord. CS 1056, § 1, 1-23-2023; Ord. CS 1059, § 1, 3-27-2023

(Ord. CS 583, 1984; Ord. CS 640, 1988; Ord. CS 721, 3-27-1995)

17.42.050 - Parking requirements.

Parking requirements as listed elsewhere in this title.

Non-intensive uses such as, but not limited to, wholesale or storage uses may receive a waiver by the Planning Commission for up to 50 percent of improved parking spaces, but shall have the land available as additional landscaped area until additional parking is required.

(Ord. CS 583, 1984)

17.42.060 - Exceptions.

A.

Front yard setback shall be greater than 15 feet if it abuts a major arterial which specifies a greater setback.

B.

Mini-warehouses and RV storage areas may be permitted in this district but shall comply with regulations listed under specific uses elsewhere in this title.

C.

Exceptions to building height may be made by the City Council, after due consideration of the professional opinion of the Fire Chief.

(Ord. CS 583, 1984; Ord. CS 950, § 1, 3-10-2014)

17.42.070 - Prohibited uses.

A.

Heavy water using or heavy sewage producing industries should be discouraged.

B.

Industries associated with toxic or chemical hazards, pollution of the air, water or soil, shall be prohibited if the impact cannot be completely mitigated.

C.

Drilling for and/or removal of oil, gas, or other hydrocarbon substances.

D.

Commercial excavation of building or construction materials.

E.

Dumping disposal, incineration or reduction of garbage, sewage, offal, dead animals or refuse.

F.

Distillation of bones.

G.

Fat rendering.

H.

Manufacture or storage of acid, cement, explosives or fireworks, fertilizer, gas, glue, gypsum, lime or plaster-of-Paris.

I.

Stock yards, slaughter houses, and raising of livestock.

J.

Refining of petroleum or its products.

K.

Smelting of copper, iron, tin, zinc, or other ores.

L.

Salvage and scrap metal yards.

(Ord. CS 583, 1984)

17.42.080 - Landscaping requirements.

A minimum of ten percent of the property shall be landscaped. Landscaping and irrigation plans shall be submitted to and approved by the Parks and Recreation Director. One shade tree of 15 gallon minimum size shall be planted in parking areas for every ten spaces.

(Ord. CS 583, 1984)

17.42.090 - Site plan and design review.

All uses shall be subject to site plan and design review as described elsewhere in this title.

(Ord. CS 583, 1984)