Ordinance 945
ORDINANCE NO. 945
ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS
43.1 AND 43.2 OF THE ZONING ORDINANCE SO AS TO
REQUIRE A CONDITIONAL USE PERMIT FOR ALL USES IN
AN M-3 (HEAVY INDUSTRIAL) DISTRICT AND TO DEFINE
PROHIBITED USES IN AN M-3 DISTRICT.
WHEREAS, the Planning Commission of the City of Gilroy has
on its own motion studied the advisability of amending the
Zoning Ordinance of the City of Gilroy so as to provide better
control of development of M-3 (Heavy Industrial) uses by
defining certain of such uses as prohibited and all other uses
as conditional uses; and
WHEREAS, the Planning Commission of the City of Gilroy has
given due notice of a public hearing upon the proposed amendment
in accordance with the Zoning Ordinance of the City of Gilroy,
has held the hearing, and has made its report to the Council of the
City of Gilroy, in which it recommends that Sections 43.1 and 43.2
of the Zoning Ordinance pertaining to M-3 (Heavy Industrial)
uses be amended as set forth below; and
WHEREAS, the Council of the City of Gilroy has fixed the 15th
day of November, 1971, at the hour of 8:00 p.m. in the Council
Chambers in the City Hall at 7390 Rosanna Street, Gilroy,
California, as the time and place for hearing the said report and
recommendation upon the proposed amendment, and due notice of the
said hearing has been given in accordance with the said Zoning
Ordinance, and a public hearing has now been held upon the said
application, at the time and place fixed in the said notice,
before the Council, and the Council having duly considered the
proposed amendment and the evidence presented, and has determined
that the said Zoning Ordinance should be amended in accordance with
the report of the said Planning Commission.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN
AS FOLLOWS:
ORDINANCE NO. 945
Section 1: Sections 43.1 and 43.2 of the Zoning Ordinance
of the City of Gilroy pertaining to uses in M-3 Districts are
hereby amended to read as follows:
Sec. 43.1. Prohibited Uses. No use shall be permitted
nor permitted to continue in an M-3 District which is
obnoxious or offensive by reason of the emission of odor,
dust, smoke, noise, gas, fumes, cinders, vibrations,
refuse matter or water carried waste, as determined by
the director of public works or planning commission with
reference to the codes and standards set forth in
Section 41.10 of this ordinance.
Sec. 43.2. Uses Permitted. All other uses shall be
permitted only if the issuance of a Use Permit is approved
by the commission, or by the council on appeal as provided
in Section 71 of this ordinance.
Section 2: All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section 3: This ordinance shall take effect and be in full
force thirty (30) days from and after its passage and approval.
PASSED AND ADOPTED this 6th day of December, 1971, by the
following vote:
AYES: COUNCILMEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA,
STOUT and GOODRICH
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APP ~D:
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Mayor
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City Clerk
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ORDINANCE NO. 945
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
het-eby certify that the attached Ordinance No. 945 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Counci I held on the 6th day of December
, 19 -LL. at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this
9 th day of December
, 19.1l..
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City Clerk of the City of Gilroy
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