A.

This chapter sets forth the land use and development regulations applicable to the industrial zoning districts established by Section 20.10.060.

B.

No building, structure, or land shall be used, and no building or structure shall be erected, enlarged, or structurally altered, in the IP, LI and HI Industrial Districts except as set forth in this chapter.

C.

The purposes of the industrial zoning districts are as follows:

1.

CIC Combined Industrial/Commercial. The CIC Combined Industrial/Commercial zoning designation is intended for commercial or industrial uses, or a compatible mixture of these uses, that support the goals of the combined industrial/commercial general plan designation. The district allows for a broad range of commercial uses with a local or regional market, including big box retail, and a narrower range of industrial uses, primarily industrial park in nature, but including some low-intensity light industrial uses. Assembly uses and day care centers are allowed where they are compatible with and will not impose constraints on neighboring industrial uses.

2.

TEC Transit Employment Center. The TEC Transit Employment Center zoning designation is intended for intensive industrial park and supportive commercial uses with development generally at least four stories in height, consistent with General Plan height policies, and in proximity to existing or planned transit in employment districts designated as growth areas in the General Plan.

The TEC designation is suitable for development with retail and service commercial uses on the first two floors; with office, research and development or industrial use on upper floors; as well as wholly office, research and development, or other industrial park uses on all floors.

An important difference between this designation and the IP Industrial Park designation is that the site design for development in the TEC Transit Employment Center District should support more intensive, transit-oriented uses than that typically found in the IP Industrial Park District. The development of large hotels of at least two hundred rooms and four or more stories in height is also supported within the Transit Employment Center zoning designation.

New development should orient buildings towards public streets and transit facilities and include features to provide an enhanced pedestrian environment.

3.

IP Industrial Park. The industrial park zoning designation is an exclusive designation intended for a wide variety of industrial users such as research and development, manufacturing, assembly, testing, and offices. Industrial uses are consistent with this designation insofar as any functional or operational characteristics of a hazardous or nuisance nature can be mitigated through design controls. Areas exclusively for industrial uses may contain a very limited amount of supportive commercial uses, in addition to industrial uses, when those uses are of a scale and design providing support only to the needs of businesses and their employees in the immediate industrial area. These commercial uses should be located within a larger industrially utilized building to protect the character of the area and maintain land use compatibility. In addition, warehouse retail uses are allowed where they are compatible with adjacent industrial uses and will not constrain future use of the subject site for industrial purposes.

4.

LI Light Industrial. The light industrial zoning district is intended for a wide variety of industrial uses and excludes uses with unmitigated hazardous or nuisance effects. The design controls are less stringent than those for the industrial park zoning district. Examples of typical uses are warehousing, wholesaling, and light manufacturing. Sites designated light industrial may also contain service establishments that serve only employees of businesses located in the industrial areas. In addition, warehouse retail uses may be allowed where they are compatible with adjacent industrial uses and will not constrain future use of the subject site for industrial purposes. When located within an area with a combined industrial/commercial general plan designation, a broader range of uses will be considered including uses such as retail, church/religious assembly, social and community centers, recreational uses, or similar uses but only when the non-industrial use does not result in the imposition of additional constraints on neighboring industrial users in the exclusively industrial areas.

5.

HI Heavy Industrial. The Heavy Industrial zoning designation is intended for industrial uses with nuisance or hazardous characteristics which for reasons of health, safety, environmental effects, or general welfare are best segregated from other uses. Extractive and primary processing industries are typical of this district. Very limited scale retail sales and service establishments serving nearby businesses and their employees may be considered appropriate where such establishments do not restrict or preclude the ability of surrounding heavy industrial land from being uses to its fullest extent and are not of a scale or design that depends on customers from beyond normal walking distances. Any such uses should be clearly incidental to the industrial user on the property and integrated within an industrial building. In addition, warehouse retail uses may be allowed where they are compatible with adjacent industrial uses and will not constrain future use of the subject site for industrial purposes.

(Ords. 26248, 28460, 29012, 29218, 30396.)

A.

"Permitted" land uses are indicated by a "P" on Table 20-110.

B.

"Permitted" uses which may be approved only on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the Combined Industrial/Commercial land use designation or, in the case of Hotel or Motel establishments, which may also be approved on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the Preferred Hotel Site Overlay, are indicated by a "P GP" on Table 20-110.

C.

"Conditional" uses are indicated by a "C" on Table 20-110. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100.

"Conditional" uses which may be approved only on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the Combined Industrial/Commercial Designation or, in the case of Hotel or/Motel establishments, may also be approved on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the preferred Hotel Site Overlay, are indicated by a "C GP" on Table 20-110. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100.

D.

"Conditional" uses requiring City Council approval as the initial decision-making body are indicated by a "CC" on Table 20-110. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit approved by the City Council as set forth in Chapter 20.100. Applications for these uses shall first be considered by the Planning Commission at a public hearing of the Commission for the Commission's report and recommendation on the application to the City Council pursuant to the processes set forth in Chapter 20.100.

"Conditional" uses which may be approved only on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the Combined Industrial/Commercial designation are indicated by a "CC GP" on Table 20-110. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100.

E.

"Special" uses are indicated by an "S" on Table 20-110. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Special Use Permit as set forth in Chapter 20.100.

F.

"Administrative" uses are indicated by an "A" on Table 20-110. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with an Administrative Permit as set forth in Chapter 20.100.

G.

"Restricted" land uses are indicated by an "R GP" on Table 20-110. These uses may occur in such designated districts, as an independent use, but only upon issuance of and in full compliance with a valid and effective Zoning Code Verification Certificate as set forth in Chapter 20.100. "Restricted" uses may only occur on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with a Combined/Industrial Commercial, Industrial Park, Light Industrial, or Heavy Industrial designation.

H.

Land uses not permitted are indicated by a "-" on Table 20-110. Land uses not listed on Table 20-110 are not permitted.

I.

When the right column of Table 20-110 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote applies to the use. In addition, all uses are subject to any other applicable provision of this Title 20 and any other title of the San José Municipal Code.

Table 20-110
Industrial Zoning District Use Regulations

Notes:

1.

Site must be seven (7) acres or more.

2.

In TEC, only allowed in existing buildings with a valid certificate of occupancy as of (the effective date of this ordinance). Not allowed more than 5% expansion of the existing building floor area ratio for the portion of the building occupied by the use subject to this note.

3.

Incidental repair includes air conditioning service, carburetor and fuel injection service, electrical service, radiator service, and tune-up, lube, oil change, and smog check, as well as tires, batteries, and accessories installation. Does not allow body repair or painting.

4.

All vehicle-related repair, service, and accessory or other installation, excepting the cleaning of vehicles, shall be conducted within a fully enclosed Building.

5.

Commercial support uses are subject to and limited by Section 20.50.110. Commercial support uses subject to Section 20.50.110 A. are permitted (P) uses. Commercial support uses subject to Section 20.50.110 B. in the primary Industrial Park Building(s) require an administrative (A) permit. Commercial support uses subject to Section 20.50.110 C. in a single-use Building require a Development Permit. Public Eating Establishments in the LI or HI districts are limited to a maximum of six hundred fifty (650) gross square feet in size.

6.

Refer to the General Plan for criteria to determine if the use is permissible at the proposed location.

7.

Crematories shall be separated by at least five hundred (500) linear feet from residential uses, schools, and day care centers, which distance(s) shall be measured from the nearest points of the Parcel boundary on which the crematory is proposed and the Parcel boundary on which the residential, school or day care center use is located.

8.

Charge Stations that are incidental to a separate primary use, that do not impact on-site or off-site vehicular circulation, and that serve patrons of the primary use on-site are Permitted in all Industrial Zoning Districts.

9.

Vehicle parts sales are permitted in the LI district when the total floor area dedicated to retail display and open to the public occupies no more than fifteen (15%) percent of the gross floor area of the individual tenant space. Vehicle parts sales establishments that exceed fifteen (15%) percent of the gross floor area of the individual tenant space are subject to a Special Use Permit.

10.

Any incidental vehicle-related repair, service, and accessory or other installation, excepting the cleaning of vehicles, shall be conducted within a fully enclosed Building.

11.

Public schools are subject to the regulations of this Title, subject to the provisions of California Government Code Section 53094 for classroom facilities.

12.

Off-sale of alcoholic beverages. The total square footage of alcoholic beverages on display in a retail area and the total square footage of retail floor area in which alcoholic beverages are displayed for sale shall be the lesser of the following:

a.

Two hundred fifty (250) gross square feet; or

b.

Five (5%) percent of the winery's, brewery's, or distillery's entire gross floor area; and any and all alcoholic beverages made available for retail sale shall be limited only to those alcoholic beverages manufactured and produced on-site.

13.

At least two hundred (200) rooms and four (4) or more stories in height are required for Hotels located in the TEC Transit Employment Center Zoning District.

14.

The use is allowed in the TEC district only on the first or second floor of a building containing another permitted, special, or conditional use of the TEC Zoning District that is not subject to this note. Not allowed as a standalone use.

15.

Primary uses include sporting events, large assembly, concerts, and entertainment events of similar character and intensity. Incidental support uses include offices, locker rooms, retail, Public Eating Establishments, Drinking Establishments, Outdoor Vending Facilities, and other commercial uses of similar character and intensity.

16.

Use permit applications for stadiums that consist of more than two thousand (2,000) seats and that are in an airport influence area shall be referred to the Santa Clara Airport Land Use Commission prior to approval by the City.

17.

Hotel Supportive Housing may be Permitted only with a Conditional Use Permit pursuant to Part 22 of Chapter 20.80 and only until December 31, 2026.

18.

Certain modifications of existing Wireless Facilities may be Permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80.

19.

Vehicle auctions are permitted as part of a Vehicle tow yard.

20.

Day care centers are allowed in the IP and TEC Zoning Districts as incidental uses to the primary TEC or IP development, not as a standalone use.

21.

Special use permit required if within 150 feet of residentially used or zoned lot; Permitted if not within 150 feet of residentially used or zoned lot.

22.

Outdoor Animal Boarding is allowed through a Special use permit in the CIC Zoning District.

23.

Permitted in the CIC district for classroom use only, outside vehicle storage requires a Special use permit.

24.

Only schools which offer driving instruction for commercial vehicles are permitted in this zoning district.

(Ords. 26248, 26304, 26305, 26388, 26455, 26456, 26495, 26704, 27076, 27106, 27231, 27468, 27607, 27701, 27757, 27797, 28320, 28321, 28460, 28579, 28791, 28958, 29011, 29012, 29042, 29122, 29218, 29254, 29312, 29420, 29447, 29546, 29804, 30029, 30190, 30209, 30254, 30290, 30372, 30480, 30696, 30727, 30786, 31097; 31149.)

A.

With the exception of commercial support uses that are subject to Subsections B or C herein, commercial support is permitted in the IP Industrial Park and TEC Transit Employment Center districts only when all of the following criteria are met:

1.

Such commercial uses serve the immediate area; and

2.

Such commercial uses are located entirely within Buildings occupied by primary uses permitted in the IP or TEC districts; and

3.

The sum of all such commercial uses in any single building on the site occupies no more than ten (10%) percent of the gross floor area of the building or no more than twenty thousand square feet, whichever is less; or, in the case of medical offices as the sole commercial support use in a building, the sum of such medical office use in any single building on the site occupies no more than twenty (20%) percent of the gross floor area of the building or no more than twenty thousand square feet, whichever is less; and

4.

Such commercial uses are limited to the following:

1.

Retail; including off-sale of alcohol, subject to a conditional use permit, except that retail sales incidental to a winery, brewery, or distillery which are regulated by Part 5.75 of Chapter 20.80 do not require a conditional use permit.

2.

Recreation, commercial/indoor.

3.

Health club, gymnasium.

4.

Personal service establishment.

5.

Public eating establishment.

6.

Outdoor dining, incidental to a public eating establishment.

7.

Financial institution.

8.

Medical clinic.

9.

Medical office.

10.

Amusement game devices, up to nine per business establishment, as an (incident) to one or more of the above enumerated commercial uses.

B.

Commercial support uses in any single building occupying more than ten (10%) percent of the gross floor area of the building or more than twenty thousand (20,000) square feet is permitted within the boundaries of the North San José Area Development Policy only when all of the following criteria are met:

1.

Such commercial uses are consistent with the North San José Area Development Policy; and

2.

Such commercial uses are located in the IP Industrial Park District; and

3.

Such commercial uses serve the immediate area; and

4.

Such commercial uses are located entirely within Buildings occupied by primary uses permitted in the IP district; and

5.

Such commercial uses meet all of the following criteria:

a.

Must be developed under an approved Administrative (A) Permit;

b.

Is developed in support of Research and Development uses or Office, Research and Development, and has a General Plan land use designation that support such uses; and

c.

Includes a parking arrangement that is established through reciprocal cross-access easements or other enforceable mechanism(s) to serve all uses on the Site; and

6.

The sum of all such commercial uses on any single Site occupies no more than twenty (20%) percent of the gross floor area of the Building or no more than forty thousand (40,000) square feet, whichever is less; and

7.

Such commercial uses are limited to the following:

a.

Retail, including off-sale of alcohol subject to a conditional use permit.

b.

Recreation, Commercial/Indoor.

c.

Personal Service Establishment.

d.

Public Eating Establishment.

e.

Outdoor dining, incidental to a public eating establishment, subject to a special use permit if within one hundred and fifty (150) feet of residentially-used or residentially-zoned lot.

f.

Amusement Game Devices, up to nine (9) per business establishment, as incidental to one or more of the above enumerated commercial uses, subject to approval of license by the chief of police.

C.

Commercial support in a single-use Building is permitted within the boundaries of the North San José Area Development Policy only when all of the following criteria are met:

1.

Such commercial uses are consistent with the North San José Area Development Policy; and

2.

Such commercial uses are located in the IP Industrial Park District; and

3.

Such commercial uses serve the immediate area; and

4.

Such commercial uses are situated within a Site that also meets all of the following criteria:

a.

Must be developed under an approved Development Permit that encumbers the primary Industrial Park Building(s) on the Site as well as the incidental single-use Building;

b.

Is developed in support of Research and Development uses or Office, Research and Development, and is in a Zoning District and has a General Plan land use designation that support such uses; and

c.

Includes a parking arrangement that is established through reciprocal cross-access easements or other enforceable mechanism(s) to serve all uses on the Site; and

5.

The sum of all such commercial uses on any single Site occupies no more than twenty (20%) percent of the gross floor area of Buildings or no more than forty thousand (40,000) square feet, whichever is less; and

6.

Such commercial uses are limited to the following:

a.

Retail, including off-sale of alcohol subject to a conditional use permit.

b.

Recreation, Commercial/Indoor.

c.

Personal Service Establishment.

d.

Public Eating Establishment.

e.

Outdoor dining, incidental to a public eating establishment, subject to a special use permit if within one hundred and fifty (150) feet of residentially-used or residentially-zoned lot.

f.

Amusement Game Devices, up to nine (9) per business establishment, as incidental to one or more of the above enumerated commercial uses, subject to approval of license by the chief of police.

D.

For the purposes of this Section, "single-use building" means a building limited in use to only those uses enumerated in Section 20.50.110 C.6.

(Ords. 26248, 26704, 27607, 27701, 27797, 28460, 29312, 30290, 30372, 30786.)

Public eating establishments are permitted in the LI light industrial and HI heavy industrial districts only when such use occupies no more than six hundred fifty gross square feet of floor area.

(Ord. 28460.)

Editor's note— Section 20.50.115, which pertained to large format commercial establishment, associated commercial and derived from Ordinance 28321, was repealed by Ordinance 30290, passed August 6, 2019.

Incidental retail sales are a permitted use in the LI Light Industrial and HI Heavy Industrial Districts, only when the incidental retail sales use meets all of the following conditions:

1.

The incidental retail sales is directly related to and supportive of an existing industrial permitted or conditional use operating on the site, and;

2.

The incidental retail sales:

a.

Occupies no more than fifteen (15) percent of the building floor area used and occupied by the existing subject industrial permitted or conditional use; or

b.

Is incidental to the wholesale of construction materials including but not limited to lumber, tile, stone, plumbing materials, garage doors, windows and roofing, and no more than thirty percent of the building floor area is used for product display/retail sales.

(Ords. 27607, 28321.)

A.

Incidental office use is a permitted use in the LI Light Industrial and HI Heavy Industrial Districts, only when the incidental office use meets all of the following conditions:

1.

The incidental office use is directly related to and supportive of an existing industrial permitted, conditional, or special use operating on the site; and

2.

The incidental office use occupies a total of no more than fifteen (15) percent or up to 5,000 square feet, whichever is greater, of the site area used and occupied by the existing subject industrial permitted, conditional, or special use.

B.

No additional parking will be required for the incidental office use if the incidental office use occupies no more than fifteen (15) percent or up to 5,000 square feet, whichever is greater, of the site area used and occupied by the existing subject industrial permitted, conditional, or special use.

(Ords. 30190, 30282.)

A conditional use permit may be issued for warehouse retail in the IP industrial park, LI light industrial, and HI heavy industrial districts only when all of the following criteria are met:

A.

Such warehouse retail use occupies a minimum of ten thousand square feet of floor area; and

B.

The display of large items, including but not limited to furniture, appliances and machinery, occupies a minimum of ninety percent of the retail display floor area; and

C.

A maximum of one parking space per two hundred fifty square feet of floor area shall be provided to serve the use; and

D.

The planning commission, or city council on appeal, finds that the proposed warehouse retail use is compatible with the industrial character of the surrounding neighborhood and will not constrain the use of adjacent properties for industrial purposes or constrain future use of the site for industrial purposes.

(Ord. 28460.)

A.

A conditional use permit may be issued for warehouse indoor retail sale of passenger vehicles, pick-up trucks not exceeding twenty-five feet in length, and motorcycles in the industrial zoning districts only when all of the following criteria are met:

1.

Such warehouse use occupies a minimum of ten thousand square feet of floor area in existing industrial buildings; and

2.

The display of passenger vehicles, pick-up trucks not exceeding twenty-five feet in length or motorcycles, occurs solely indoors and occupies a minimum of ninety percent of the floor area that is open to the public in the existing industrial buildings; and

3.

A maximum of one vehicle parking space per two hundred fifty square feet of floor area shall be provided to serve the use; and

4.

The planning commission, or city council on appeal, finds that the proposed use is compatible with the industrial character of the surrounding neighborhood and will not constrain the use of adjacent properties for industrial purposes or constrain future use of the site for industrial purposes.

5.

On sites that have a general plan land use/transportation diagram designation of heavy industrial or light industrial the following additional provisions shall apply:

a.

Retail sale of vehicle parts is prohibited.

b.

Scheduled appointments shall be required for the public to visit the portion of the site where the use is located.

B.

No minimum vehicle parking is required for the use, notwithstanding the vehicle parking requirements in Chapter 20.90 of this title.

(Ord. 29312.)

All development in the industrial zoning districts shall conform to the development regulations set forth below in Table 20-120.

Table 20-120
Industrial Zoning Districts Development Standards

Notes:

1.

"Front" refers to lot boundaries abutting streets, excluding freeways.

2.

"Side" refers to lot boundaries not abutting streets or which abut freeways.

3.

"Rear" refers to lot boundaries not abutting streets or which abut freeways.

4.

An alternative maximum height may be established as described in Chapter 20.85. Where an alternative maximum height restriction has been established as described in Chapter 20.85, that regulation described in Chapter 20.85 shall govern and control over the provisions in this section.

(Ords. 26248, 28460, 29012, 29176, 29218.)

All uses or activities, except parking, permitted in the IP district shall be conducted entirely within an enclosed building unless the use or activity is traditionally conducted outdoors or is pursuant to and in compliance with Part 10.5 of Chapter 20.80.

(Ords. 26248, 31079.)

A.

No retail establishment in any industrial district shall be open between the hours of 12:00 midnight and 6:00 a.m., except pursuant to and in compliance with a conditional use permit as provided in Chapter 20.100.

B.

No outdoor activity, including loading, sweeping, landscaping or maintenance shall occur within one hundred fifty feet of any residentially zoned property between the hours of 12:00 midnight and 6:00 a.m., except pursuant to and in compliance with a conditional use permit as provided in Chapter 20.100.

(Ords. 26248, 26455, 29011.)

No residential use which includes the provision of service to residents may offer services to nonresidents.

(Ord. 26455.)

In the LI and HI districts, the director may approve reductions of the front setback with a development permit, issued pursuant to Chapter 20.100, upon finding that:

1.

A reduced building setback is consistent with setbacks on surrounding properties and necessary to maintain the urban character of the surrounding area; or a reduced parking setback, but only in conjunction with a reduced building setback, is reasonably necessary for consistency with the overall character of the project; or

2.

A loading dock, with such a reduced setback, is located in a building face not exposed to a public street or is located within an area fully screened by solid walls, provided such location will permit all truck maneuvering to occur on site.

(Ord. 26248.)

In the LI and HI districts, the director may approve with a development permit, issued pursuant to Chapter 20.100, a side or rear setback of less than twenty-five feet, adjacent to a residence district, upon finding either that such a reduced setback will have no greater negative effect on the residential property than would the twenty-five-foot setback or that the reduced setback is not less than the setbacks required on the residential property.

(Ord. 26248.)

A.

All lighting or illumination shall conform with any lighting policy adopted by the city council.

B.

Light fixture heights should not exceed eight feet when adjacent to residential uses unless the setback of the fixture from property line is twice the height of the fixture. No ground mounted light fixture shall exceed twenty-five feet in height.

C.

Any lighting located adjacent to riparian areas shall be directed downward and away from riparian areas.

(Ord. 26248.)

A.

The following landscaping requirements shall apply for all sites in the industrial districts:

1.

All setback areas, exclusive of permitted off-street parking areas and private egress, or circulation, shall be landscaped.

2.

All landscaped areas shall be maintained in perpetuity, and all dead plant materials replaced with viable plant materials in conformance with an approved permit.

3.

A ten-foot-wide landscape buffer and a seven-foot-high property line masonry wall is required when a driveway, service yard, loading area or parking lot is adjacent to residential uses.

4.

Tree wells in a parking lot shall be a minimum forty square feet, with a minimum five-foot net dimension.

5.

A four-foot-high parking screen is required when residential uses are located across the street. Attractive walls, dense landscaping or depressed parking are acceptable screening solutions.

6.

All landscaped areas shall be designed and maintained in conformance with City Council Policy No. 6-29, entitled "City Council Policy on Post Construction Urban Runoff Management," as the same may be amended from time to time.

B.

Landscape guidelines are contained in the landscape and irrigation guidelines, adopted by the city council, October 1989, Revised March 1993, the general plan, as amended, the riparian corridor policy study, approved by the city council, May 17, 1997, the current Guidance Manual on Selection of Stormwater Quality Control Measures, prepared for the Department of Planning, Building, and Code Enforcement, and the current Post-Construction Urban Runoff Management Policy approved by the city council.

(Ords. 26248, 26995, 29012.)

Except as otherwise expressly and specifically provided in other sections of this title, every part of every setback area shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground, and below the surface of the ground by all buildings or structures, except as follows:

A.

Sills, eaves, belt courses, cornices, canopies, and other similar architectural features may project horizontally for a distance of not more than two feet into the air space above the surface of the ground in any setback area;

B.

Any portion of a building (including but not limited to bay windows, chimneys, and architectural elements that project out from the primary surface of the building façade, whether on a foundation or cantilevered) not occupying in the aggregate more than twenty percent of the length of the side of the building, may project horizontally for a distance of not more than two feet into any setback area, provided that such extensions maintain a minimum setback of at least three feet;

C.

In addition to projection into the setback area allowed under Subsection B., wells for basement windows or stairs of up to ten feet in length each, not occupying in the aggregate more than twenty percent of the length of the side of the building on which they are located, may project horizontally for a distance of not more than two feet into the side and rear setback area, provided that such extensions maintain a minimum setback of three feet;

D.

Tankless water heaters and power inverters may project horizontally for a distance of not more than two feet into any setback area;

E.

Overhead wires necessary for electrical and telephone service to a building on the lot;

F.

Underground lines necessary for the sewerage, drainage, plumbing, water, gas, and electrical needs of the lot or of a building on the lot; and

G.

Walks and driveways for vehicular or pedestrian access to the lot.

(Ords. 28828, 29011, 29312.)

A.

In the IP, LI, HI, CIC, and the TEC zoning districts no primary, secondary, incidental or conditional use or activity related thereto shall be conducted or permitted:

1.

In a manner that causes or results in the harmful discharge of any waste materials into or upon the ground, into or within any sanitary or storm sewer system, into or within any water system or water, or into the atmosphere; or

2.

In a manner that constitutes a menace to persons or property or in a manner that is dangerous, obnoxious, or offensive by reason of the creation of a fire, explosion, or other physical hazard, or by reason of air pollution, odor, smoke, noise, dust vibration, radiation, or fumes; or

3.

In a manner that creates a public or private nuisance.

B.

Without limiting the generality of the preceding subsection, the following specific standards shall apply in the industrial zoning districts:

1.

Incineration. There shall be no incineration on any site of any waste material.

2.

Vibration. There shall be no activity on any site that causes ground vibration which is perceptible without instruments at the property line of the site.

3.

Air pollution. Total emissions from any use or combination of uses on a site shall not exceed the emissions and health risk thresholds as established by the director of planning.

4.

Noise.

a.

The sound pressure level generated by any use or combination of uses shall not exceed the decibel level at any property line as shown in Table 20-135, except upon issuance and in compliance with a special use permit as provided in Chapter 20.100.

Table 20-135
Noise Standards

(Ords. 26248, 26388, 26455, 26456, 29312, 30190.)