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Irwindale City Zoning Code

CHAPTER 17

56 - M-2 HEAVY MANUFACTURING ZONE

17.56.010 - Permitted uses.

No person shall use any portion of any property in a M-2 zone, except as permitted by this chapter. The following uses shall be permitted uses in the M-2 zone:

1.

Any use permitted in the M-1 zone, subject to all of the limitations and restrictions imposed by Chapter 17.52, except as expressly provided in this chapter;

2.

Horn products, manufacture;

3.

Lamp black, manufacture;

4.

Oil cloth or linoleum manufacture;

5.

Plumbing supply, outside storage screened;

6.

Roofing material manufacture;

7.

Soda and compound manufacture;

8.

Statuary, manufacturing of clay, papier mache, stone statuary and monuments;

9.

Stone monuments and tombstone works;

10.

Wood products, manufacture (excluding planing mill);

11.

Accessory buildings and uses customarily incidental to any of the above uses, when located on the same site with the main building.

(Ord. 571 § 11, 2003: Ord. 323 § 5, 1978; Ord. 216 § 1, 1968; Ord. 177 § 2(part), 1966: prior code § 9490).

17.56.020 - Uses requiring a conditional use permit.

Because of considerations of smoke, fumes, dust, vibration, noise, traffic congestion, or hazard, the establishment and operation of the following uses in the M-2 (heavy manufacturing) zone shall not be permitted unless a conditional use permit authorizing such use has been granted:

1.

Acid manufacture;

2.

Agricultural contractor equipment, sale or rental or both;

3.

Alcohol manufacture, other than for human consumption (excluding beer manufacture);

4.

Asphalt plants;

5.

Automobile forwarding;

6.

Batching plants;

7.

Blacksmith shops;

8.

Blast furnaces or coke ovens;

9.

Boiler works;

10.

Breweries;

11.

Brick tile, cement block or terra cotta manufacture;

12.

Building material sales and storage yards;

13.

Cement, lime, gypsum or plaster of paris manufacture;

14.

Concrete and concrete products manufacture;

15.

Contractor's storage yards;

16.

Distillation of bones;

17.

Drop forge industries;

18.

Explosives, manufacture or storage;

19.

Feed and fuel yards;

20.

Gas manufacture or storage;

21.

Iron, steel, brass or copper fabrication plants;

22.

Iron, steel, brass or copper foundries;

23.

Lumber yards (no planing mills or burners);

24.

Machinery storage yards;

25.

Manufacture of prefabricated buildings;

26.

Mills, planing;

27.

Oil extraction plants;

28.

Paint, oil, shellac, turpentine or varnish manufacture;

29.

Paper pulp manufacturing;

30.

Petroleum or its fluid products, wholesale storage;

31.

Petroleum refining;

32.

Plumbing supply yards;

33.

Quarries;

34.

Recycling facilities;

35.

Rubber, reclaiming, or the manufacture of synthetic rubber or its constituents;

36.

Steam electric generating stations;

37.

Storage space for transit and transportation equipment;

38.

Tire rebuilding, recapping and retreading;

39.

Truck transportation yards or terminals;

40.

Vehicle towing facilities, not a part of service stations or automobile wrecking or dismantling yards;

41.

Wineries.

42.

Material recovery facilities/transfer stations (MRF/TS), conditional use permit or development agreement, if said facility is also approved in conjunction with a franchise agreement and subject to all requirements of Section 17.56.025.

43.

Material recovery facilities/transfer stations (MRF/TS), conditional use permit or development agreement, if said facility is also approved in conjunction with a franchise agreement and subject to all requirements of Section 17.56.025.

(Ord. 571 § 12, 2003: Ord. 177 § 2(part), 1966: prior code § 9491).

(Ord. No. 636, § 3, 6-10-09; Ord. No. 677, § 2, 5-14-14; Ord. No. 718, § 9, 10-25-17; Ord. No. 752, § 8, 3-10-21)

17.56.025 - Uses requiring a development agreement.

The uses listed below shall be allowed in the M-2 zone with either (A) a conditional use permit, or (B) a development agreement that (i) meets the requirements of Government Code Sections 65864—65869.5, and (ii) includes development standards that ensure the public's health, safety and welfare and that any development is consistent with the city's general plan and any other applicable land use plan(s):

1.

Material recovery facility/transfer station, if said facility is also approved in conjunction with a franchise agreement granting a limited, non-exclusive or exclusive franchise for operation of said material recovery facility/transfer station.

2.

(Reserved).

When a use is allowed by development agreement or conditional use permit in this section, all ancillary uses can be approved by such development agreement or conditional use permit so long as appropriate and required findings can be made. Approval of a development agreement pursuant to this section shall also qualify as an entitlement approval equivalent to that of approval of a conditional use permit, and shall be treated as a conditional use permit approval, for the purposes of any other provisions of this Title 17. Nothing in this section is intended to limit other uses that may be included in a development agreement as otherwise allowed in Sections 17.56.010 and 17.56.020 for the M-2 zone.

(Ord. No. 752, § 4, 3-10-21)

17.56.030 - Limitation on permitted uses.

Every use permitted in the M-2 zone shall be subject to the following limitations:

A.

Unless a specific provision of this Chapter 17.56 authorizes lesser setback requirements, the following general requirements apply. When an M-2 lot fronts or sides upon a street, public or private, when adjacent to residential and agricultural zones, there shall be maintained front and side yards of not less than fifty feet in depth along such thoroughfare. When an M-2 lot fronts or sides upon a street, public or private, when adjacent to commercial and M zones, there shall be maintained front and side yards of not less than twenty feet in depth along such thoroughfare. A landscaping area, not less than twenty feet in width, shall be maintained along all street frontage of such lots. The following accessory uses shall be permitted in such front or side yard areas:

1.

Landscaping;

2.

Passenger vehicle parking (only if surfaced in such manner as to eliminate dust or mud);

3.

Employees' recreational area without structures;

4.

An ornamental, open type fence, not over eight feet in height, made of material such as woven wire, wood, welded wires, chain link, or wrought iron.

5.

Utility or other easements.

B.

All uses shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid, view-obscuring masonry wall not less than six, nor more than eight feet in height, except such uses as drive-in restaurants, gasoline stations, electric distribution substations, and horticultural nurseries and similar enterprises, customarily conducted in the open.

C.

Mechanical Devices. All mechanical heating, air-conditioning, refrigeration or similar devices, maintained and operated on the exterior of buildings located in the C-M, M-1 and M-2 zones, shall be enclosed and shall be designed, installed, operated and maintained in such a manner as to eliminate unsightliness, noise, smoke, dust, etc., which would otherwise cause an interference with adjacent C-M, M-1 and M-2 zoned properties.

(Ord. 400 § 1(part), 1986; Ord. 177 § 2(part), 1966: prior code § 9492).

(Ord. No. 718, § 6, 10-25-17; Ord. No. 744, § 2, 1-8-20; Ord. No. 752, § 5, 3-10-21)

17.56.040 - Front and side yards.

No front or side yards shall be required in the M-2 zone except as set forth in Section 17.56.030.

(Ord. 177 § 2(part), 1966: prior code § 9493).

17.56.050 - Signs.

Signs which relate to or advertise any service or product rendered, manufactured, or available from the uses permitted on the property shall be permitted as an accessory use; provided, that:

A.

For freestanding signs, the same do not exceed one hundred fifty square feet of gross sign face area;

B.

Signs which are a part of the building shall not exceed one square foot of gross face area for each one hundred square feet of gross floor area in the building.

(Ord. 177 § 2(part), 1966: prior code § 9495).

17.56.060 - Placement of buildings.

On any lot in the M-2 zone, which abuts property in any R or A zone, no building shall be erected closer than twenty feet to the common lot line; and there should be constructed and maintained in and along such common boundary line a six-foot solid masonry wall; and there should be installed and maintained a ten-foot-wide strip of landscaping immediately adjacent to the side wall required by Section 17.56.030. The building wall facing an R or A zoned property shall have no doors in that portion.

(Ord. 177 § 2(part), 1966: prior code § 9494).

17.56.070 - Recycling facilities—Definitions.

For the purpose of carrying out the purpose of this code, the words, phrases and terms included in this title shall have the meaning ascribed to them in this chapter. The use of the terms "collection facilities" or "processing facilities" herein, whether large or small, shall not apply to (i) auto dismantling/recycling facilities or junk/salvage/scrap yards; (ii) asphalt plants; (iii) concrete plants; (iv) concrete product manufacturing; (v) rubberized materials/tire recycling; and (vi) landfills.

A.

Large Collection Facilities. A center for the acceptance by donation, redemption or purchase of recyclable materials from any person. Such a facility uses power driven processing equipment. Large collection facilities have storage areas that occupy more than five hundred square feet.

B.

Large Processing Facilities. A facility used for the collection and processing of recyclable materials that occupies twenty-five thousand square feet or more of gross collection, processing and storage area.

C.

Small Collection Facilities. A center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power driven processing equipment. Small collection facilities have storage areas that occupy no more than five hundred square feet.

D.

Small Processing Facilities. Same as large processing facility, but occupies twenty-four thousand nine hundred ninety-nine square feet or less of gross collection, processing and storage area.

E.

Material Recovery Facilities/Transfer Stations (MRF/TS). Facilities operated by a city-franchised waste hauler for the recovery, processing and/or transfer of recyclable materials, refuse and solid waste from the municipal waste stream, including its city-approved related or incidental uses.

(Ord. No. 636, § 4, 6-10-09; Ord. No. 677, § 2, 5-14-14; Ord. No. 718, § 7, 10-25-17; Ord. No. 744, § 2, 1-8-20; Ord. No. 752, § 6, 3-10-21)

Editor's note— Ord. No. 677, § 2, adopted May 14, 2014, repealed the former § 17.56.070, renumbered §§ 17.56.080—17.56.100 as §§ 17.56.070—17.56.090. The former § 17.56.070 pertained to regulations for automobile dismantling yards or junk and salvage yards and derived from prior code § 9496; Ord. No. 444, 1990 and Ord. No. 286, 1975.

17.56.080 - Recycling facilities—Criteria and standards.

A.

Collection Facilities.

1.

Cannot abut residentially zoned or used property.

2.

Any storage containers or other equipment or materials must be stored behind a solid masonry wall a minimum of six feet zero inches and a maximum of eight feet zero inches in height and adequately screened.

3.

Any storage container must be located a minimum of ten feet from any property line.

4.

Containers must be constructed and maintained with durable waterproof and rustproof materials, adequately painted and maintained in good condition.

5.

Site must be secured and maintained free of litter, debris, noxious odors, pests, vermin or any other undesirable material.

6.

Site must maintain a minimum of five feet zero inches landscape buffer between masonry wall and right of way.

7.

Provide parking for each commercial vehicle associated with the use.

8.

There shall be no more than five outbound truck shipments of material per day. A truck is a commercial motor vehicle weighing ten thousand pounds or more unladen. Truck shipments do not include public drop-off.

9.

All outbound truck shipments shall be maintained in a log. The log must contain vehicle type, license plate number, driver's name, registered owner and weight and type of material removed from the facility. Logs shall be subject to city review at any time.

10.

No facility shall be located within five hundred feet of property zoned or planned for residential use.

11.

Applicant must have all applicable permits from the California Department of Conservation and meet the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.

12.

Site must receive monthly steam cleaning. A valid maintenance contract must be submitted to the planning department for review prior to obtaining a certificate of occupancy and kept in effect at all times.

13.

Signs shall be limited to building walls only. No signage shall be placed on any perimeter/free-standing walls or storage containers.

14.

The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. Identification and informational signs shall be subject to the sign standards applicable to the zone in which the facility is located. Onsite directional signs, bearing no advertising message, may be installed with the approval of the planning director, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way. Directional signs shall include the city's logo.

15.

Provide an extra trash enclosure for waste/non-recyclable materials and excess trash, such as bags used to transport the recyclables.

16.

City of Irwindale must receive the source credit for the collections and processing.

17.

No after-hours drop off shall be allowed.

18.

No hazardous materials, including but not limited to, automotive fluids shall be permitted on site. Any hazardous materials inadvertently introduced into the site shall be disposed of immediately per state law requirements.

19.

Facility is subject to annual inspections by the city to verify compliance with approved conditions of approval and applicable law.

20.

Facility must submit reports for yearly disposal and diversion amounts to be reviewed by the planning department and finance department. Diversion activities must be in accordance with all applicable federal, state and local requirements.

21.

Facility is required to obtain a city business license.

22.

All inspections and report reviews are subject to a fee.

23.

Except for small quantities of CRV materials, if warranted as determined by the director of planning and in accordance with state law requirements, the facility will be required to maintain a customer log; at which time the customer must show valid identification, such as a state issued driver's license, identification card and/or thumb print where applicable.

24.

All portions of the lot shall be paved.

25.

The conditional use permit shall be subject to revocation after three substantiated complaints to the city or other regulatory agency in a twelve-month period.

26.

Adequate security measures shall be established, including but not limited to cameras with recording capabilities, motion sensors and lighting.

27.

Any request for expansion of an existing facility requires a modification of the previously approved conditional use permit.

28.

Recycling facilities shall not be permitted within two thousand feet of any other recycling facility.

29.

Hours of operation shall be limited to Monday through Sunday, seven a.m. until seven p.m.

30.

Collection shall be limited to the hours of seven a.m. to five p.m.

31.

All after-hours operations (five p.m. to seven p.m.) shall be restricted to facility related functions only, including but not limited to clean up, inventory and vehicle parking.

32.

No mobile or unattended collection containers shall be permitted.

33.

Minor repairs shall be permitted for fleet vehicles and machinery only. All repairs must be done within an enclosed building or shielded from the public right of way and be limited to oil changes, tire changes and the like.

34.

Recycling taxes, when applicable should be paid per Section 3.18.070.

35.

Recycling activities must be in accordance with all applicable federal, state and local requirements.

B.

Processing Facilities.

1.

There shall be no more than five outbound truck shipments of material per day. A truck is a commercial motor vehicle weighing ten thousand pounds or more unladen. Truck shipments do not include public drop-off.

2.

All outbound truck shipments shall be maintained in a log. The log must contain vehicle type, license plate number, driver's name, registered owner and weight and type of material removed from the facility. Logs shall be subject to city review at any time.

3.

Processing is limited to baling, briquetting, crushing, compacting, grinding, shredding, flattening, grinding and sorting of source-separated recyclable materials.

4.

The facility shall not shred, compact or bale ferrous metals. Shredding, compacting and baling of materials include, but is not limited to food/beverage and non-food/beverage containers, such as cardboard, paper, cans and polystyrene.

5.

No facility shall be located within five hundred feet of property zoned or planned for residential use.

6.

Site must receive monthly steam cleaning. A valid maintenance contract must be submitted to the planning department for review prior to obtaining a certificate of occupancy and kept in effect at all times.

7.

Site must be secured and maintained free of litter, debris, noxious odors, pests or any other undesirable material.

8.

Signs shall be limited to building walls only. No signage shall be placed on any perimeter/free-standing walls or storage containers.

9.

The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. Identification and informational signs shall be subject to the sign standards applicable to the zone in which the facility is located. Onsite directional signs, bearing no advertising message, may be installed with the approval of the planning director, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way. Directional signs shall include the city's logo.

10.

Provide an extra trash enclosure for waste/non-recyclable materials and excess trash, such as bags used to transport the recyclables.

11.

City of Irwindale must receive the source credit for the collections and processing.

12.

No after-hours drop off shall be allowed. No hazardous materials, including but not limited to, automotive fluids shall be permitted on site. Any hazardous materials inadvertently introduced into the site shall be disposed of immediately per state law requirements.

13.

Facility is subject to annual inspections by the City to verify compliance with approved conditions of approval and applicable law.

14.

Facility must submit reports for yearly disposal and diversion amounts to be reviewed by the planning department and finance department. Diversion activities must be in accordance with all applicable federal, state and local requirements.

15.

Facility is required to obtain a city business license.

16.

All inspections and report reviews are subject to a fee.

17.

Except for small quantities of CRV materials, if warranted as determined by the director of planning and in accordance with state law requirements, the facility will be required to maintain a customer log; at Which time the customer must show valid identification, such as a state issued driver's license, identification card and/or thumb print where applicable.

18.

All portions of the lot shall be paved.

19.

The conditional use permit shall be subject to revocation after three substantiated complaints to the city or other regulatory agency in a twelve-month period.

20.

Adequate security measures shall be established, including but not limited to cameras with recording capabilities, motion sensors and lighting.

21.

Any request for expansion of an existing facility requires a modification of the previously approved conditional use permit.

22.

Recycling facilities shall not be permitted within two thousand feet of any other recycling facility.

23.

Hours of operation shall be limited to Monday through Sunday, seven a.m. until seven p.m.

24.

Processing shall be limited to the hours of seven a.m. to five p.m.

25.

All after-hours operations (five p.m. to seven p.m.) shall be restricted to facility related functions only, including but not limited to clean up, inventory and vehicle parking.

26.

Minor repairs shall be permitted for fleet vehicles and machinery only. All repairs must be done within an enclosed building or shielded from the public right of way and be limited to oil changes, tire changes and the like.

27.

Recycling taxes, when applicable should be paid per Section 3.18.070.

28.

Recycling activities must be in accordance with all applicable federal, State and local requirements.

C.

Material Recovery Facilities/Transfer Stations (MRF/TS).

1.

Must be approved by development agreement and limited, non-exclusive or exclusive franchise agreement, pursuant to which additional standards beyond those required in this subsection C. may apply.

2.

Any storage containers or other equipment or materials must be stored in a manner so as to be adequately screened from the public right-of-way.

3.

Any storage container must be located a minimum of ten feet from any property line.

4.

Containers must be constructed and maintained with durable waterproof and rustproof materials, adequately painted and maintained in good condition.

5.

Sufficient parking for operator's commercial and employee vehicles, as well as visitor parking, in the amount required per Section 17.64 shall be provided.

6.

Must have all applicable permits from the California Department of Conservation and meet the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.

7.

The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. Identification and informational signs shall be subject to the sign standards applicable to the zone in which the facility is located. Onsite directional signs, bearing no advertising message, may be installed with the approval of the planning director, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way. Directional signs shall include the city's logo.

8.

The city of Irwindale must receive the source credit for the collections and processing.

9.

No hazardous materials, including but not limited to, automotive fluids shall be permitted on site. Any hazardous materials inadvertently introduced into the site shall be disposed of immediately per state law requirements.

10.

The facility is subject to annual inspections by the city to verify compliance with approved conditions of approval and applicable law.

11.

The facility must submit reports for yearly disposal and diversion amounts to be reviewed by the planning department and finance department. Diversion activities must be in accordance with all applicable federal, state and local requirements.

12.

The facility is required to obtain a city business license.

13.

Except for small quantities of CRV materials, if warranted as determined by the community development director and in accordance with state law requirements, the facility will be required to maintain a customer log; at which time the customer must show valid identification, such as a state issued driver's license, identification card and/or thumb print where applicable.

14.

All portions of the lot, other than approved landscaping areas, shall be paved.

15.

Adequate security measures shall be established, including but not limited to, cameras with recording capabilities, motion sensors and lighting.

16.

Any request for expansion of an existing facility requires a modification of the previously approved development agreement or conditional use permit, unless such modification meets criteria for minor modifications per the development agreement or conditional use permit conditions.

17.

Hours of operation shall be established in the development agreement or conditional use permit.

18.

Minor repairs shall be permitted for fleet vehicles and machinery only. All repairs must be done within an enclosed building or shielded from the public right-of-way and be limited to oil changes, tire changes and the like.

19.

Recycling activities must be in accordance with all applicable federal, state and local requirements.

20.

Minimum landscaping requirements shall be per the approved site plan and shall not be subject to the minimum requirements otherwise applicable in the M-2 zone.

21.

Must comply with all applicable environmental mitigation measures at all times, including odor and noise, and promptly and adequately address all complaints received from the general public and report same to the community development director within forty-eight hours.

22.

To the extent a duly-approved development agreement or conditional use permit contains terms or conditions more specific than the ones contained in this section or elsewhere in the code, the more specific terms shall control.

(Ord. No. 636, § 5, 6-10-09; Ord. No. 677, § 2, 5-14-14; Ord. No. 718, § 8, 10-25-17; Ord. No. 752, § 7, 3-10-21)

Editor's note— Formerly § 17.56.090. See editor's note at § 17.56.070.

17.56.090 - Recycling facilities—Amortization schedule.

A.

Existing lawfully established recycling facilities/uses located within the M-1 (light manufacturing) zone and all zones within one hundred feet of residential zones shall obtain a conditional use permit by the planning commission pursuant to Irwindale Municipal Code Section 17.56.020. An application for a conditional use permit shall be submitted within a two-year period of the effective date of the ordinance codified in this section.

B.

Existing lawfully established recycling facilities/uses located within the M-2 (heavy manufacturing) zone and all zones within one hundred feet of residential zones shall obtain a conditional use permit by the planning commission pursuant to Irwindale Municipal Code Section 17.56.020. An application for a conditional use permit shall be submitted within a five-year period of the effective date of the ordinance codified in this section.

C.

When approving a conditional use permit, the planning commission shall make findings regarding the adequacy of on-site parking and applicable development standards contained in Irwindale Municipal Code Section 17.64.030. The planning commission shall require, as a condition precedent to the continued use of the property under the conditional use permit, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any building, plumbing, electrical and fire code deficiencies. The planning commission may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:

1.

New or rehabilitated landscaping.

2.

Exterior changes to promote compatibility of buildings and structures with design guidelines and surrounding development.

3.

Maintain vehicular maneuvering and parking areas in good repair.

4.

Modifications designed to bring a structure more nearly into compliance with the applicable standards for commercial uses.

D.

All nonconforming structures shall be removed following the amortization period, without compensation from the city, in accordance with state law. Nonconforming structures not removed after the applicable amortization period shall be considered public nuisances subject to immediate abatement.

E.

This section shall not validate any existing recycling facilities/uses. Nor shall any business which is operating in violation of any city code or permit applicable at the time of adoption of this ordinance benefit from the amortization period provided herein.

(Ord. No. 636, § 6, 6-10-09; Ord. No. 677, § 2, 5-14-14)

Editor's note— Formerly § 17.56.100. See editor's note at § 17.56.070.