19.11.030 - Meaning of the P/C designation.

A.

This section applies to those use categories in Table 19.11.030A classified as "P/C." "P/C" shall mean that the use is permitted by right unless the location criteria contained in Section 19.11.030(C) apply to the project, in which case conditional use permit (C) review shall be required pursuant to Chapter 19.39, Division 7 of this title.

B.

The community development director shall be authorized to determine whether a use identified in Table 19.11.030A as "P/C" is permitted by right or requires discretionary review based on the criteria defined in this section.

C.

The location of a proposed manufacturing or industrial use relative to residentially-zoned property shall represent the sole factor for determining whether discretionary review is required pursuant to this section. If any building housing the principal proposed use in an manufacturing district, or any outdoor activity which represents the principal use of the property, is located three hundred feet or less from the nearest residential district (see Figure 19.11.030-1), then conditional use permit review shall be required, as indicated in Table 19.11.030A.

Table 19.11.030A

Uses in Industrial Districts Use C/M-1 M-1 M-2 *Notes and Exceptions

1 Agriculture and related uses

(SIC codes 01, 02, 07*) X X X a. Permitted in C/M-1, M-1, and M-2:

• 0742 (Veterinary Services for Animal Specialties)

• 0752 (Animal Specialty Services, Except Veterinary, Boarding, Kennels, Shelters)

• 078 (Landscape and Horticultural Services)

2. Construction-related uses

(SIC codes 13, 15, 16, 17) Limited outdoor accessory storage" means the storage of materials and equipment to be used off-site for construction projects in progress

2.1 With outdoor storage as principal use C C C

2.2 Contractor's office with limited outdoor accessory storage P/C P P

3. Food processing

(SIC code 20*) C P/C P/C a. Prohibited in C/M-1 and requires conditional use permit in M-1 and M-2:

• 201 (Meat Products)

• 2091 (Canned and Cured Seafoods)

• 0292 (Fresh or Frozen Seafoods)

b. Prohibited in all zones:

• 2048 (includes slaughtering animals for animal feed)

• 2077 (Animal and Marine Fats and Oils)

4. Manufacturing

4.1 SIC codes 22, 27, 283,

284, 31*, 32*, 36, 38, 39

4.2 SIC code 23

4.3 SIC codes 25, 26*, 30, 35

4.4 SIC codes 21, 24, 289*, 34*, 37

4.5 SIC codes 29*,33

P/C

C

X

X

X

P

C

P/C

P/C

X

P

C

P

P/C

C a. Prohibited in C/M-1, M-1, and requires conditional use permit in M-2:

• 261 (Pulp Mills)

• 262 (Paper Mills)

• 263 (Paperboard Mills)

• 281 (Industrial Inorganic Chemicals)

• 282 (Plastics Materials)

• 285 (Paints, Varnishes)

• 286 (Industrial Organic Chemicals)

• 287 (Agricultural Chemicals)

• 2892 (Explosives)

• 291 (Petroleum Refining)

• 311 (Leather Tanning and Finishing)

• 324 (Hydraulic Cement)

• 325 (Structural Clay Products)

• 327 (Concrete, Gypsum, and Plaster Products)

• 3292 (Asbestos Products)

• 348 (Ordnance and Accessories)

• 3471 (Electroplating, Plating, Polishing, Anodizing, and Coloring)

b. SIC code 3273 (Ready Mix Concrete) is prohibited in all zones.

c. Any activity involving the crushing of rock, concrete, asphalt, or similar material is prohibited in all zones.

5. Transportation-related uses

5.1 SIC code 40

(Railroad Transportation)

5.2 SIC codes 41, 43, 491, 494

5.2 SIC code 42

(Trucking and

Warehousing)

5.3 SIC code 45

(Air transportation, except helipads)

5.5 SIC codes 492, 493, 496

5.6 SIC codes 495*, 496

X

P

X

X

X

X

X

P

X

X

P/C

X

C

P

P/C*

X

P/C

C a. For SIC code 495, only one such facility is permitted in the city per 12,000 residents, as reported in the most recent U.S. Census.

b. Helipads require a conditional use permit in the C/M-1, M-1, and M-2 zones. Must be located a minimum of 500 feet from residential zones.

c. For trucking and warehousing uses, the distancing requirement set forth in Section 19.11.030(C) shall be 1,000 feet, meaning that any such use proposed to be located within 1,000 feet of the nearest residential district shall require conditional use permit review. The following exceptions shall apply:

i. Any user proposing to occupy an existing warehouse facility containing less than 35,000 square feet shall be exempt from the CUP requirement.

ii. Where a major road separates the project site from the nearest residential district and such separation is equal to or greater than 300 feet, no CUP shall be required.

iii. Where an active railroad right-of-way separates the project site from the nearest residential district and the director of community development determines that project truck traffic will not circulate through the residential district, no CUP shall be required.

d. SIC code 4225 (General Warehousing and Storage), also known as mini-warehousing, self-storage or public storage warehousing, is permitted in the M-2 (Heavy Manufacturing) zone with a conditional use permit.

6. Wholesale trade (SIC codes 50*, 51*) P/C P P a. Prohibited in all districts:

5015 (Motor Vehicle Parts, Used)

5093 (Scrap and Waste Materials), including retail sales

5154 (Livestock Sales)

5171 (Petroleum Bulk Stations and Terminals)

7. Retail trade

7.1 Eating places without drive-through service (SIC code 5812*)

7.2 Eating with drive-through service (SIC code 5812*) P

C P

C P

C a. Primarily, these uses are intended to serve nearby industries and employees, and the retail's proximity will provide convenience with minimal impact on the retail operations.

b. Any business involved in the sale of alcoholic beverages shall be subject to Conditional Use Permit review and shall meet the location requirements contained Division 3, Chapter 19.31 of this title.

7.3 Book and video stores; video rentals* (SIC codes 5735, 5942, 7841) P P P c. Adult businesses involved in retail trade shall be permitted only in the M-2 zone and shall be subject to the requirements set forth in Section Division 1, Chapter 19.31 of this title.

7.4 All other retail trade (SIC codes 52 through 57, 59*) P P C d. All retail sales of fuel (SIC Code 598) shall be subject to Conditional Use permit review.

7.5 Vehicle Sales (SIC codes 551, 552, 555, 556, 557, and 559) C C C e. No automobile, truck, or boat sales use shall be located within 300 feet of any residential use. However, where a major road separate the project site from a residential district, the 300-foot distance requirement shall not apply.

See Item #12 in this table for "Drinking places" (SIC code 5813)

8. Service-related industries a. Primarily, these uses are intended to serve nearby industries and employees, and the services' proximity will provide convenience with minimal impact on the service operations.

8.1 Laundry, cleaning, and garment services (SIC code 721) C C P

8.2 Other personal services (SIC codes 722, 723, 724, 725, 726*, 7291) P P P b. Parking lots and structures which are principal uses (SIC code 752) shall be subject to parking lot development standards contained in Chapter 19.21.

b.1. For SIC code 7261, only one such facility is permitted in the city per 12,000 residents, as reported in the most recent U.S. census.

8.3 Tattoo, massage and aromatherapy establishments X C C c. Adult businesses providing services shall be permitted only in the M-2 zone and shall be subject to the requirements set forth in Division 1, Chapter 19.31 of this title.

8.4 SIC codes 751, 752, 754, 762, 763 P/C P P

8.5 SIC code 753, 769 C P/C P

9. Professional office and institutional uses (SIC codes 60, 61, 62, 63, 64, 65, 66, 73 [except 7353 and 7359], 80*, 861, 862, 863, 864, 87, Division J [Public Administration]) P C* C* The establishment of new office space uses, including employee training centers, that are not attendant to manufacturing, industrial or warehouse uses, is prohibited in the Telegraph Road Corridor Study Area. (See Figure 19.11.030-2 below for description and depiction of Study Area).

For check cashing establishments, only two such facilities are permitted in the city per 12,000 residents, as reported in the most recent U.S. Census.

*See Use Section 9.1 right below.

9.1. Medical, dental, osteopathic and chiropractic offices and clinics (SIC 801, 802, 803 and 804) C* C* C* The establishment of these uses is prohibited in the Telegraph Road Corridor Study Area. (See Figure 19.11.030-2 below for description and depiction of Study Area).

10. Communications (SIC code 48*) P P P a. Requires a conditional use permit in all districts (see Chapter 19.27 of this title):

Microwave transmission or relay towers

Antennas and telecommunications facilities as set forth in Chapter 19.27 of this title.

b. No telecommunications or wireless antenna shall be located within 500 feet of a residential zone.

11. Recycling operations For collection and processing center, only one such facility is permitted in the city per 12,000 residents, as reported in the most recent U.S. Census.

11.1 Containers for cans, bottles, etc. (accessory use) P P P

11.2 Collection center with attendant and recycling processing/manufacturing center X X C

12. Recreation and entertainment uses a. Any business involved in the sale of alcoholic beverages shall be subject to conditional use permit review and shall conform to the requirements contained in Division 3, Chapter 19.31 of this title.

12.1 Outdoor recreation (drive-in theater, race-track, golf driving range, shooting range, and similar uses) C C C

12.2 Movie theaters (other than adult theaters) C X X b. Adult businesses shall be permitted only in the M-2 zone and shall be subject to the requirements set forth in Division 1, Section 19.31 of this title.

12.3 Bars, nightclubs, cabarets and the like (SIC code 5813*) C* C* C*

12.4 Health clubs and the like (SIC code 7991) C C C

12.5 Gaming establishments C X X

13. Miscellaneous uses a. Caretaker quarters permitted only in conjunction with a permitted nonresidential use.

13.1 Caretaker/night-watchman's quarters* P P P b. Billboards subject to regulations and standards contained in Chapter 19.25.

13.2 Art studio with associated residence P P X

13.3 Job-training establishments and vocational schools (SIC codes 824 and 833) C P P

13.4 Day care facilities (SIC code 835) C C C

13.5 Museums (SIC code 841) P P P

13.6 Churches and other facilities for religious organizations (SIC code 866) X X X

13.7 Billboards* (outdoor advertising) X X X

13.8 Emergency shelters, up to 30 occupants within city P See Section 19.31.670

13.9 Emergency shelters, more than 30 occupants within city C See Section 19.31.670

NOTE: All uses are subject to performance standards as defined in Chapter 19.19.

* = See "Notes and Exceptions" column.

P = Permitted by right.

X = Not permitted.

P/C = Either permitted by right or subject to conditional use permit review, depending upon criteria contained in Chapter 19.31.

C = Conditional use permit required.

(Ord. 579 §1, 2004; Ord. 575 §1, 2003; Ord. 574 §2, 2003; Ord. 550 §§1—8, 2000; Ord. 544 §1(part), 2000).

(Ord. No. 656, § 7 (Exh. D), 11-19-2013; Ord. No. 672, § 1, 11-3-2015; Ord. No. 681, §§ 4(C), 4(F), 11-15-2016; Ord. No. 799, § 2, 10-26-2022)