Vernon City Zoning Code
CHAPTER 17
22 GENERAL INDUSTRY I ZONE
§ 17.22.010 Purpose and intent.
A.
The General Industry (I) Zone is intended to provide for the orderly development and operation of most types of industrial use and to promote the concentration of such uses in a manner that will foster mutually beneficial relationships with each other. The regulation of uses and establishment of development standards and site planning standards set forth in the I Zone are those deemed necessary to promote the orderly operation and efficient functioning of the City. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the I Zone and all overlay zones are governed by Section 17.64.010, "Legal nonconforming status."
B.
Residential uses are permitted only in the H Overlay Zone.
C.
Commercial uses and retail uses are permitted only in the C-1 and C-2 Overlay Zones.
D.
First Amendment protected uses and religious uses are only permitted in the C-2 Overlay Zone.
E.
Emergency shelters are permitted only in the E Overlay Zone.
F.
Rendering plants are permitted only in the R Overlay Zone.
G.
Slaughtering is permitted only in the S Overlay Zone.
H.
Hazardous waste facilities, solid waste facilities, truck terminals, freight terminals, and/or transportation-related uses are permitted only in the T Overlay Zone.
I.
Fueling stations are permitted only in the C-1, C-2 and T Overlay Zones.
J.
All of the above uses that are permitted in specified overlay zones are not permitted in other areas of the I Zone, and are not eligible for a Conditional Use Permit or Minor Conditional Use Permit in other areas of the I Zone, even if they are less intensive uses than the permitted uses within the I Zone or an overlay zone.
K.
All of the above uses that are permitted in specified overlay zones are subject to the standards and regulations outlined for the overlay zone in which they are located.
L.
Uses that are prohibited under this title, even if less intensive than the permitted uses, shall not be permitted in the I Zone or any overlay zone. Determination of whether uses fit within the definition of permitted uses shall be in the discretion of the Director, as described in Section 17.20.010(E), "Determination of category of use."
(Prior code § 26.4.1-1; Ord. 1293 § 8, 2023)
§ 17.22.020 Permitted uses.
The following uses of buildings and land are permitted of right in the I Zone:
A.
Industrial use.
B.
Data centers.
C.
Cold storage warehouses.
D.
Industrial gas manufacturing.
E.
Telecommunications antenna and cell towers.
F.
Existing warehouse uses shall continue by right unless additions, alterations or repairs exceeding 25% of the building square footage occur.
G.
Warehouse use (other than cold storage warehouses) on lots encompassing less than 150,000 square feet.
H.
Existing wholesale use shall continue by right unless additions, alterations or repairs exceeding 25% of the building square footage occur.
I.
Wholesale use on lots encompassing less than 150,000 square feet.
J.
Ancillary Use. Each occupant or user on the property and each tenant in a multi-tenant building shall be permitted to dedicate a portion of that person's space to an ancillary use in connection with that person's permitted use, if the following criteria are satisfied:
1.
The permitted use for such person is that person's majority use.
2.
The ancillary use is located upon the same lot as that person's permitted use.
3.
The ancillary use is used solely and exclusively by the person for that person's permitted use.
4.
Ancillary use includes offices and showrooms ancillary to the permitted use, but does not include the right to sell at retail (ancillary retail use), but does include the right to sublease to a separate tenant office space only within an existing office area. Ancillary use does not include outdoor storage and activities.
5.
The cumulative total area dedicated to all ancillary uses (including any ancillary retail use permitted with a Minor Conditional Use Permit) shall not exceed 20% of the gross floor area occupied by a permitted use.
K.
Incidental Use. Each occupant or user on the property and each tenant in a multi-tenant building shall be permitted to dedicate a portion of that person's space to an incidental use in connection with that person's permitted use, if the following criteria are satisfied:
1.
The permitted use for such person is that person's majority use.
2.
The incidental use is located upon the same lot as that person's permitted use.
3.
Incidental use includes offices, design areas and showrooms related to the permitted use, but does not include the right to sell at retail. Incidental use does not include outdoor storage and activities.
4.
The cumulative total area dedicated to all incidental and ancillary uses (including ancillary retail uses) shall not exceed 50% of the gross floor area occupied by a permitted use.
L.
Any activity or use undertaken by the City.
(Prior code § 26.4.1-2; Ord. 1287 § 5, 2022; Ord. 1293 § 8, 2023)
§ 17.22.030 Conditional uses.
Uses that are not specifically permitted pursuant to Section 17.22.020, "Permitted uses," and are not specifically prohibited by Section 17.22.010, "Purpose and intent," or Section 17.22.050, "Prohibited uses," or Section 17.22.060, "Legal nonconforming uses" may be permitted in the I Zone only with a Conditional Use Permit. Without limiting the generality of the foregoing, the following uses require a Conditional Use Permit:
A.
Refineries.
B.
Generating facilities, power plants, cogeneration facilities.
C.
Trash to energy facilities.
D.
Petroleum-related uses, petroleum storage facilities.
E.
Recycling facilities.
F.
Trade schools.
G.
Public utilities.
(Prior code § 26.4.1-3; Ord. 1293 § 8, 2023)
§ 17.22.035 Uses requiring development agreement.
A.
Warehouse uses (other than cold storage warehouses) on lots encompassing 150,000 square feet or more and wholesale uses on lots encompassing 150,000 square feet or more are permitted in the I Zone and all overlay zones, with the exception of the Housing Overlay Zone, subject to the approval of a development agreement between the City and applicant, and appropriate standards and terms to be negotiated with the City, and complying with all other conditions imposed by this chapter. Any warehouse development agreement proposed under this section must also adhere to the procedures and requirements set forth in Chapter 17.84 of the Vernon City Code.
B.
When considering uses requiring a warehouse development agreement, the Director shall make a recommendation in writing to the City Council which shall include the Director's determination as to whether or not the proposed warehouse development agreement:
1.
Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;
2.
Is in conformity with and will promote public convenience, general welfare and good land use practice;
3.
Will be detrimental to public health, safety or welfare;
4.
Will adversely affect the orderly development of property or the preservation of property values; and
5.
Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.
C.
Exemptions. This section shall not apply to the establishment, expansion, or modification of any warehouse or related facilities with pending permits (which includes submittal of a site plan for review) or that have already received full approvals and commenced construction or incurred expenses for construction as of August 16, 2022.
(Ord. 1287 § 6, 2022; Ord. 1293 § 8, 2023)
§ 17.22.040 Uses permitted by Minor Conditional Use Permit.
The uses set forth in this section, may be permitted in the I Zone with a Minor Conditional Use Permit:
Ancillary Retail Use. Each occupant or user on the property and each tenant in a multi-tenant building shall be permitted to dedicate a portion of that person's space to an ancillary retail use in connection with that person's permitted use, if the following criteria are satisfied:
A.
The permitted use for such person is that person's majority use.
B.
The ancillary retail use is located upon the same lot as that person's permitted use and sufficient parking is provided.
C.
The ancillary retail use is used solely and exclusively by the person for that person's permitted use and the sell at retail is only for products manufactured onsite or products imported and stored in bulk as part of the person's permitted use.
D.
Ancillary retail use includes the right to sell at retail any day of the week but does not include outdoor storage and activities including the outdoor display of merchandise.
E.
The cumulative total area dedicated to all ancillary uses (including any ancillary retail use) shall not exceed 20% of the gross floor area occupied by a permitted use.
(Prior code § 26.4.1-4; Ord. 1293 § 8, 2023)
§ 17.22.050 Prohibited uses.
A.
No motel, hotel, trailer, or trailer park is permitted in any zone or overlay zone. The provisions of this section do not apply to portable units which: (1) have been acknowledged in writing by the owner or user to be units that are to be used temporarily and solely in connection with a construction project on the same lot by persons who have a separate existing, permanent residence; (2) have received written approval from the Director for such temporary usage; and (3) are not used for bathing or sleeping. The provisions of this section do not apply to trailers used solely to move goods.
B.
No marijuana dispensary, store, co-op, or cultivation operation is permitted in any zone or overlay zone.
C.
No convention venue is permitted in any zone or overlay zone.
(Prior code § 26.4.1-5; Ord. 1293 § 8, 2023)
§ 17.22.060 Legal nonconforming uses.
The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010, "Legal nonconforming status."
A.
Community facilities.
B.
Bars.
C.
Junk or salvage business.
D.
Public storage (including mini-storage) facilities.
E.
Manure fertilizer business.
F.
Contractor's yard.
G.
Residences located outside of the H Overlay Zone.
H.
Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside of the T Overlay Zone.
I.
Commercial or retail uses located outside of the C-1 or C-2 Overlay Zones.
J.
Slaughtering located outside of the S Overlay Zone.
K.
Rendering plants located outside of the R Overlay Zone.
L.
Fueling stations located outside of the C-1, C-2 and T Overlay Zones.
(Prior code § 26.4.1-6; Ord. 1293 § 8, 2023)
§ 17.22.070 Development and performance standards.
The following development and performance standards (development standards) apply to all buildings, ancillary structures, land, uses, and businesses in the I Zone:
A.
All buildings, ancillary structures, land, uses, and businesses in the I Zone must comply with the following development standards at all times:
1.
Fire, Explosion, and Environmental Hazards. All storage of, and activities involving, hazardous, flammable, or 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 that meet the standards and requirements of the Vernon Fire Department, as such standards and requirements may change from time to time. The storage of or activities involving acutely hazardous materials above the exempt amount, as established by the State of California Fire Code, shall not be permitted within 500 feet of the outside property line of a school site for students grades kindergarten through 12th grade.
2.
Radioactivity and Electrical Disturbances.
a.
Except with the prior approval of the City Council as to specific uses, the use of radioactive materials within any zone or overlay zone shall be limited to measuring, gauging, and calibration devices, and tracer elements in X-ray and like apparatus. In no event shall radioactivity, when measured at any point along any lot line, be in excess of 2.7 x 1011 power microCuries per milliliter of air at any moment of time.
b.
Radio and television and other telecommunications transmitters shall be operated at the regularly assigned wavelengths (or within the authorized tolerances therefor) as assigned thereto by the appropriate governmental agency. All electrical and electronic devices and equipment shall be suitably wired, shielded, and controlled so that in operation they shall not, beyond any point along any Lot line, emit any electrical impulse or wave which will adversely affect the operation and control of any other electrical or electronic device or equipment.
3.
Outdoor Storage and Activities. Outdoor storage and activities (other than off-street parking and loading, which are governed by Chapter 17.56, "Off-Street Parking and Loading Facilities") are permitted only in compliance with the following requirements:
a.
No materials or wastes may be deposited on a lot in such form or manner that they may be transferred off the lot by natural causes or forces.
b.
Wastes which might cause fumes or dust, which constitute a fire hazard, or which may be edible by or otherwise attractive to rodents or insects shall be stored only in closed containers in required enclosures.
c.
Outdoor storage and activities of all materials, products, and inoperative equipment shall be screened or otherwise hidden so as not to be visible from the street; however, the screen shall not exceed 10 feet in height as measured from grade level. The screen shall be maintained in good repair. Operational equipment used in the business located on the lot is not required to be screened.
d.
A minimum six-foot-high screening wall shall be provided on the interior lot lines of any lot with outdoor storage and activities that abuts a lot with an existing residential use or any lot that is zoned for residential use. Screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide the outdoor storage and activities from adjoining residential properties.
e.
No outdoor storage and activities are permitted on any area of a lot that is required to be available for fire department access, as such access requirements are set forth in this Code.
f.
Outdoor storage and activities, including operational equipment used in the business located on the lot, shall not occur if such usage would result in a reduction or elimination of the parking, loading, or maneuvering required for the permitted use located on the property unless approved by the Director pursuant to Section 17.56.060(Q), "Reduction in required parking spaces." Outdoor storage and activities existing on the effective date of the ordinance codified in this title that violate these provisions may be continued as a legally nonconforming usage for the period described in Section 17.64.030(E).
4.
Weed and Debris Abatement. All landscaped areas (on the property, as well as contiguous planted areas within the public right-of-way) shall be kept free from weeds, overgrown grass and shrubbery, and debris. Any diseased, dead, damaged, or decaying plant materials shall be removed.
5.
No Vehicular Encroachment. No vehicle (including a truck trailer) when parked or stopped on a lot shall extend into the right-of-way.
B.
All buildings, ancillary structures, land, and businesses in the I Zone must comply with the following development standards upon a change of use or upon the occurrence of an event described in Table 17.64.030, Right to Continue Nonconforming Uses and Buildings, that requires compliance with the development standards.
1.
Vibration. Upon a change of use or the occurrence of an event described in Table 17.64.030, Right to Continue Nonconforming Uses and Buildings, that requires compliance with the development standards, all of the businesses located on the lot shall be operated so that, cumulatively with existing vibrations of all new and existing equipment of all businesses on the lot, the steady ground vibration inherently and recurrently generated shall not exceed four hundredths of one inch per second particle velocity when measured at any point along the lot line of the lot on which the source of the vibration is located. The cumulative effect of vibrations in excess of four hundredths of one inch measured at any point along the lot line on which the source of the vibration is located shall be permitted only with a Conditional Use Permit.
2.
Noise. Upon a change of use or the occurrence of an event described in Table 17.64.030, Right to Continue Nonconforming Uses and Buildings, that requires compliance with the development standards, all of the businesses located on the lot shall be operated in compliance with the following noise standards:
a.
The following noise standards, unless otherwise specifically indicated, shall apply to all lots within the designated noise zones, measured cumulatively with existing noise from all businesses on the lot:
Table 17.22.070 Noise Standards | ||
|---|---|---|
Noise Zone | Time Interval | Allowable Exterior Noise |
Lots located within 1/10 of a mile of any residence or school located in Vernon or abutting communities | 10:00 p.m. to 7:00 a.m. | 60 dBA |
7:00 a.m. to 10:00 p.m. | 65 dBA | |
All other lots | Any time | 75 dBA |
b.
No person, in any location within the City, shall create any noise, or allow the creation of noise, on any lot owned, leased, occupied or otherwise controlled by such person which causes the cumulative noise level when measured at any point along the lot line of the lot on which the source of the noise is located to exceed:
i.
The applicable noise standard for a cumulative period of more than 30 minutes in any hour; or
ii.
The applicable noise standard plus five dBA for a cumulative period of more than 15 minutes in any one hour; or
iii.
The applicable noise standard plus 10 dBA for a cumulative period of more than five minutes in any hour; or
iv.
The applicable noise standard plus 15 dBA for a cumulative period of more than one minute in any hour.
c.
In the event the ambient noise level exceeds any of the noise limit categories set forth in subsection (B)(2)(b) of this section, the cumulative period applicable to such category shall be increased to reflect the ambient noise level, plus five dBA.
d.
If a lot is located on a boundary between two different noise zones, the noise level standard applicable to the quieter noise zone shall apply.
e.
If the noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the source is in operation shall be compared directly to the lot's designated noise zone for the time of day the noise level is measured.
f.
Any noise source in excess of the standards set forth herein shall be permitted only with a Conditional Use Permit.
3.
Water Usage. No person shall increase water demand and usage associated with any property by more than 500 acre-feet from the prior calendar year except with a Conditional Use Permit.
4.
Distributed Generation. With the exception of solar photovoltaic generation of up to one MW of energy on a lot and emergency generators that only provide power backup when a building's electric utility service is interrupted, no distributed generation shall be permitted on a parcel of land except with a Conditional Use Permit. The City reserves the right to limit the amount of distributed generation to be interconnected to the distribution system.
(Prior code § 26.4.1-7; Ord. 1293 § 8, 2023)
§ 17.22.080 Site planning standards.
The following site planning standards shall apply to all buildings, ancillary structures, land, uses, and businesses in the I Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with the site planning standards at the time of the occurrence of an event described in Table 17.64.030, Right to Continue Nonconforming Uses and Buildings, that requires compliance with the site planning standards.
A.
Building Intensity. The total gross floor area of all buildings on any lot shall not exceed a floor area ratio (FAR) of 2:1.
B.
Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided in accordance with the provisions of Chapter 17.56, "Off-Street Parking and Loading Facilities."
C.
Building Setback. Every building or structure shall be set back not less than 21 feet from the curb face, as shown on the Master Plan of Streets. A reduced setback distance may be approved by the General Manager of Public Utilities, but not less than to the ultimate planned right-of-way of the street as shown on the Master Plan of Streets. The General Manager of Public Utilities shall designate the distance from the center of the street in any case in which the planned future ultimate width of a street is not specified or a street is not symmetrical.
D.
Ancillary Structure Setback. Where a lot or parcel of land in any zone or overlay zone abuts a street as shown on the Master Plan of Streets, every ancillary structure on such lot or parcel shall be set back as follows: (1) if the ancillary structure is equal to or greater than 20 feet in height, it shall be set back not less than 21 feet from the curb face, as shown on the Master Plan of Streets. A reduced setback distance may be approved by the General Manager of Public Utilities, but not less than to the ultimate planned right-of-way of the street as shown on the Master Plan of Streets; and (2) if the ancillary structure is less than 20 feet in height, it shall be set back not less than to the ultimate planned right-of-way width of the street as shown on the Master Plan of Streets, except in no case shall the structure be set back less than eight feet from the curb face, as shown on the Master Plan of Streets. The General Manager of Public Utilities shall designate the distance from the center of the street to the curb face in any case in which the Master Plan of Streets does not specify a planned future ultimate width from curb to curb or a street is not symmetrical.
F.
Barriers. Where parking, loading, or maneuvering areas adjoin a street or streets, a 12 gauge wrought iron fence not less than eight feet in height, a masonry or concrete wall not less than 30 inches in height, or a landscaped area a minimum of four feet in width measured from the property line, or an equivalent protective device as approved by the Director, shall be established along such full frontage, except at driveways, walkways, or other openings where such are necessary. Where a barrier or a landscaped area adjoins a driveway, a 10-inch concrete-filled steel pipe or equivalent protective device shall be installed on driveways used for trucks, and an eight-inch concrete filled steel pipe or equivalent protective device shall be installed on driveways used exclusively by automobiles.
G.
Minimum Lot Size. Except in the C-1 and C-2 Overlay Zones, no new lot shall be established for any use in the I Zone unless the lot is at least one acre in size and complies with Section 16.12.040, "Lots to conform to minimum requirements."
H.
Trash Enclosures. All trash disposal areas shall be enclosed on three sides, shall have two block walls and one lockable gate. The gate's overall height shall be a minimum of six feet; its overall width shall be a minimum of eight feet. All block walls shall be a minimum six feet tall.
(Prior code § 26.4.1-8; Ord. 1292 § 4, 2023; Ord. 1293 § 8, 2023)