Chapter 17.30
M OR INDUSTRIAL DISTRICT*

Sections:

17.30.010    Generally.

17.30.020    Permitted uses.

17.30.030    Conditional uses.

17.30.040    Performance standards.

17.30.050    Accessory buildings and uses.

17.30.060    Height limit.

17.30.070    Building site area.

17.30.080    Building site width.

17.30.090    Front yard.

17.30.100    Side yard.

17.30.110    Rear yard.

17.30.120    Parking.

17.30.130    Special regulations and yards.

17.30.140    Landscaping.

17.30.150    Outside storage areas.

*    Prior ordinance history: Ords. 83-7 and 83-11.

17.30.010 Generally.

The regulations in this chapter shall apply in all M districts and shall be subject to the provisions of Chapter 17.06. (Zoning ordinance dated 7/94 (part), 1994)

17.30.020 Permitted uses.

Uses permitted in the M districts:

A.    Within a completely enclosed building the following uses shall be permitted: animal hospitals, dancing academies or halls, wholesale stores or storage, undertaking establishments, carpenter shops, welding shops, plumbing shops, public utility buildings and uses, manufacturing of clothing, electronic equipment and handicraft products, printing and lithography shops, light industrial and manufacturing uses and other uses of a similar nature producing none of the deleterious or undesirable impacts specified in Section 17.30.040 of this code. (Zoning ordinance dated 7/94 (part), 1994)

17.30.030 Conditional uses.

Uses permitted, subject to obtaining a use permit, in the M districts shall be as follows:

A.    All uses specified in Section 17.30.020 of this code that are located outside or partially outside a completely enclosed building.

B.    Auto sales, auto repair, contractor’s yards, food processing, lumberyards, bottling works, manufacture of cement, electric power, fireworks, fertilizer, glue, gypsum, agricultural uses, public and quasi-public uses and other uses of a similar nature. (Zoning ordinance dated 7/94 (part), 1994)

17.30.040 Performance standards.

The following performance standards shall be applicable to all uses in the M district:

A.    Air Pollution. All land uses that may be objectionable by reason of the production or emission of odor, smoke, dust or any other air contaminants shall submit estimates of the maximum quantities and types of each air contaminant which might be emitted under normal and maximum operating conditions on an hourly and daily (twenty-four-hour) basis as part of any application for any entitlement granted by the city. The information required above shall be referred to the Monterey Bay unified air pollution control district (MBUAPCD) for a report on the following matters:

1.    Whether the proposed construction, expansion and operation of the facilities would result in an emission of harmful quantities of air contaminants, including but not limited to oxides of sulfur, oxides of nitrogen, hydrocarbons, particulate matter and toxic air pollutants;

2.    An estimated quantity of air contaminants that would be emitted and the relation thereof to the air quality of the area;

3.    Recommended and required emission limits of air contaminants, provided further, that no action shall be taken upon any application for a period of thirty days after the above mentioned information has been referred to the MBUAPCD; and provided, further that any entitlement for such use shall be granted only where the planning commission, or the city council on appeal, has found that the applicant has proven to the satisfaction of said planning commission, or city council, by plant example, plans, specification, new equipment and technical advances in the particular industry that the applicant’s particular use will not be detrimental to surrounding property or to any portion of the city; and provided, further, that said entitlement shall be conditional, and conditions attached thereto shall include a condition that the use of the property pursuant to the entitlement shall not violate any of the regulations of the MBUAPCD; and provided, further, that the entitlement shall contain a condition that the recipient of the entitlement shall not exceed those emission limits which are more stringent than those specified in the Rules and Regulations of the MBUAPCD which are determined by the planning commission or city council to be applicable except under nonrecurring and unusual circumstances.

B.    Radioactivity or Electric Disturbances. No activities shall be permitted which emit radioactivity at any point which is dangerous to human beings. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located.

C.    Fire and Explosion Hazard. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fire is prohibited. The relevant provisions of federal, state and local laws and regulations shall also apply. Where questions arise due to differences in regulations, standards or requirements, the most stringent regulation, standard or requirement shall prevail.

D.    Vibration. No vibration shall be permitted so as to cause a noticeable tremor measurable without instruments at the lot line.

E.    Glare. No direct or reflected glare, whether produced by floodlights, high temperature processes such as combustion or welding, or other processes so as to be visible from any boundary line of property on which the same is produced shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by such reasonable means as are practical to the end that said sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs.

F.    Liquid or Solid Waste. Compliance shall be maintained with all applicable laws and regulations concerning the discharge, disposal or storage of wastewater, liquid or solid wastes, including federal, state and local laws and regulations. This shall include, but not be limited to, obtaining a wastewater discharge permit from the Marina County water district. Where questions arise due to differences in regulations, standards or requirements, the most stringent regulation, standard or requirement shall prevail.

G.    Toxic or Corrosive Materials. All activities involving, and all storage of, toxic or corrosive materials shall be provided with adequate safety devices against the hazard of spillage or leakage into the environment, particularly the groundwater supply. Compliance shall be maintained with the relevant provisions of federal, state and local laws and regulations. Where questions arise due to differences in regulations, standards or requirements, the most stringent regulation, standard or requirement shall prevail.

H.    Noise.

1.    At the lot or property line, the noise generated by any use or operation (other than transportation facilities or temporary construction work) shall not exceed:

a.    The noise standard for that land use as specified in Table 17.30.040 for a cumulative period of more than thirty minutes in any hour;

b.    The noise standard plus five decibels for a cumulative period of more than five minutes in any hour;

c.    The noise standard plus ten decibels for a cumulative period of more than five minutes in any hour;

d.    The noise standard plus fifteen decibels for a cumulative period of more than one minute in any hour;

e.    The noise standard plus twenty decibels or the maximum measured ambient level, for any period of time.

2.    The noise measurements shall be performed using a sound level meter which meets or exceeds the requirements for type S2A meters in American National Standards Institute specifications for sound level meters, S1.4-1971, or the most recent revision thereof.

3.    If the measured ambient level differs from that permissible within any of the first four noise limit categories above, the allowable noise exposure standard shall be adjusted in five-decibel increments in each category as appropriate to encompass or reflect said ambient noise level.

4.    In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.

5.    If possible, the ambient noise level shall be measured at the same location along the property line with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise must be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least ten decibels below the ambient in order that only the ambient level be measured.

6.    In the event the alleged offensive noise contains a steady, audible tone such as whine, screech or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying information content, the standard limits set forth in Table 17.30.040 shall be reduced by five decibels.

Table 17.30.040

EXTERIOR NOISE LIMITS

Levels Not to Be Exceeded More Than Thirty Minutes in Any Hour

Receiving Land Use Category

Time Period

Noise Level (db)

One- and two-family residential

10 p.m. — 7 a.m.

7 a.m. — 10 p.m.

45

55

Multiple-dwelling residential

10 p.m. — 7 a.m.

7 a.m. — 10 p.m.

50

55

Limited commercial, some multiple dwellings

10 p.m. — 7 a.m.

7 a.m. — 10 p.m.

55

60

Commercial

10 p.m. — 7 a.m.

7 a.m. — 10 p.m.

60

65

Light industrial

Anytime

70

Heavy industrial

Anytime

75

(Zoning ordinance dated 7/94 (part), 1994)

17.30.050 Accessory buildings and uses.

Accessory uses, structures and buildings shall be permitted subject to the terms and requirements contained herein. (Zoning ordinance dated 7/94 (part), 1994)

17.30.060 Height limit.

Maximum permitted height limit shall be thirty-five feet provided, however, that a maximum height limit of seventy-five feet may be permitted subject to obtaining a use permit from the planning commission or the city council on appeal and further provided that such use permit shall not be granted unless the planning commission or city council on appeal shall make special findings, over and above the normally required use permit findings, that adequate fire protection facilities have been designed into the project and that the project site utilization plan is sensitive to contiguous land uses. (Zoning ordinance dated 7/94 (part), 1994)

17.30.070 Building site area.

Minimum building site area required shall be one acre; provided, however that any lawfully created parcel of land in existence prior to January 1, 1983, shall remain a building site notwithstanding the minimum building site area specified herein. (Zoning ordinance dated 7/94 (part), 1994)

17.30.080 Building site width.

Average building site width required in the M districts shall be one hundred fifty feet. (Zoning ordinance dated 7/94 (part), 1994)

17.30.090 Front yard.

Minimum front yard required in the M districts shall be thirty feet which shall be landscaped to the satisfaction of the site and architectural design review board. (Zoning ordinance dated 7/94 (part), 1994)

17.30.100 Side yard.

Minimum side yard required in the M districts shall be ten feet which shall be landscaped to the satisfaction of the site and architectural design review board. (Zoning ordinance dated 7/94 (part), 1994)

17.30.110 Rear yard.

Minimum rear yard required in the M districts shall be twenty feet which shall be landscaped to the satisfaction of the site and architectural design review board. (Zoning ordinance dated 7/94 (part), 1994)

17.30.120 Parking.

For parking requirements in M districts see Chapter 17.44. (Zoning ordinance dated 7/94 (part), 1994)

17.30.130 Special regulations and yards.

A thirty-foot yard shall be provided along any property line adjacent to or abutting any residential zoning district notwithstanding any provisions contained herein. Said thirty-foot yard shall be heavily landscaped, in addition, sound attenuation or deadening devices or structures shall be provided as deemed necessary by the director of planning, the site and architectural design review board, the planning commission or city council. The purpose of this section is to protect residential areas located adjacent to zoning districts from deleterious or objectionable impacts that may be associated with uses which could locate in the M zoning district. (Zoning ordinance dated 7/94 (part), 1994)

17.30.140 Landscaping.

All required landscaping in the M district shall be subject to the following regulations:

A.    All landscaped areas shall be accessible for purposes of maintenance to the satisfaction of the site and architectural design review board.

B.    All landscaped areas shall be provided with a fully automatic sprinkler system.

C.    Landscape plans shall provide for a compatible mix of groundcovers, shrubs and trees. (Zoning ordinance dated 7/94 (part), 1994)

17.30.150 Outside storage areas.

A.    Where outside storage of equipment, goods, machinery or materials is permitted, such storage areas shall be screened from view from any adjacent street by a six- to eight-foot masonry, combination wood and masonry, ornamental screen or fence or adequate planting. Nothing in this subsection shall be construed to permit outside storage in any required front, side, rear or special yard.

B.    All outside storage areas shall be permanently surfaced with asphalt, concrete or any other comparable materials that meet city standards for permanent surfaces. (Zoning ordinance dated 7/94 (part), 1994)