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Ordinance 984 ORDINANCE NO. 984 ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 40, 41, 42 and 43 OF THE ZONING ORDINANCE RELATING TO INDUSTRIAL DISTRICTS 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; 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 40, 41, 42 and 43 of the Zoning Ordinance relating to industrial districts be amended; and WHEREAS, the Council of the City of Gilroy has fixed the 21st day of May, 1973, 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 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OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section 1: The following Sections of the Zoning Ordinance shall be repealed, amended and renumbered as follows: -1- ORDINANCE NO. 984 (A) Section 40 shall be amended to read as follows: Sec. 40. INDUSTRIAL PARK DISTRICT An Industrial Park District may be established by resolution of City Council. Such an Industrial Park District may include further regulations with regard to architecture, landscaping and operation of use so as to insure that the building and the grounds are built and maintained at the highest standards throughout the district. Any regulations in this regard shall be established by resolution of the City Council. (B) Section 41 shall be repealed. (C) Sections 42, 42.1, 42.2, 42.3, 42.5, 42.6, 42.7 and 42.8 shall be amended and 42.9 and 42.10 shall be enacted to read as follows: Sec. 42. GENERAL INDUSTRIAL DISTRICT, M-2 DISTRICT The following regulations shall apply to every lot and building site in an M-2 district and shall be subject to all the general provisions of this ordinance. 42.1 Uses Permitted. The following uses are per- mitted in an M-2 district: a) The following uses are permitted if conducted wholly within a completely enclosed building, except for the outside parking of delivery vehicles which are incidental thereto: (1) The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas. (2) The manufacture and maintenance of electric and neon signs, billboards, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like. (3) Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing or overhauling, tire retreader or recapping, battery manufacturing and the like. (4) Blacksmith shop and machine shop excluding punch presses over twenty (20) tons rated capacity, drop hammers and automatic screw machines. (5) Foundry casting lightweight, non- ferrous metal not causing noxious fumes, noise or odors. (6) Cleaning and dyeing works, and carpet and rug cleaning. (7) Distribution plants, ice and cold storage plant, bottling and plant and food commissary. -2- ORDINANCE NO. 984 (8) Wholesale business, storage building and warehouse. (9) Veterinary or dog or cat hospital and kennel. b) The following uses will be permitted if con- ducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid and uniformly painted board fence or other type fencing if approved by the Architectural and Site Control Committee. Fencing will not be less than six (6) feet in height: (1) Building material sales yard, includ- ing the sale of rock, sand, gravel and the like an an incidental part of the main business, but excluding concrete batching and mixing on the premises. (2) Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors. (3) Retail lumber yard, including only incidental mill work. (4) Feed and fuel yard. (5) Draying, freighting or trucking yard or terminal. (6) Public utility service yard or elec- tricial receiving or transformer station. (7) Small boat building. c) No building or structure designed for or intended to be used or which has been used as a dwelling shall be used for the conduct of any business, store or shop in the M-2 district, provided, however, that any business use existing in a dwelling in an M-2 district at the time of the adoption of this chapter, shall be considered as a nonconforming use, but may not be ex- tended, enlarged, or changed to any other use, unless and until a permit for such extension, expansion, en- largement or change in use is first obtained from the Architectural and Site Approval Committee. d) Other uses similar to the above as may be determined by the Planning Staff, or if necessary by the Planning Commission. e) Uses customarily incident to any of the above uses and accessory buildings when located on the same lot. 42.2 Conditional Uses. Any uses permitted in a C-l (Neighborhood Commercial) district or a C-2 (General Commercial) district may also be permitted if their location is first approved by the Planning Commission as provided in Section 71. 42.3 Minimum Building Site Area. Every building site shall be a sufficient area to provide all yards, driveways, landscaping, parking areas, and other open space which may be required by the provisions of this section. 42.5 Front Yard. Front yard shall be a minimum of 15 feet, except if the sidelines of the site abuts a residential or office site with frontage on the same street, then the front setback requirements for the residential or office (as the case may be) shall apply. -3- ORDINANCE NO. 984 42.6 Side Yard. None, except if the sideline of the site abuts a residential or office site, then the setback shall be 10 feet. 42.7 Rear Yard. None, except where rearline abuts upon a residential district in which case there shall be a rear yard of not less than 24 feet. 42.8 parkin~. Parking shall be determined by Section 53. There shall e no parking or loading of any vehicles in any required front yard. 42.9 Landscaping and Fencing. Adequate landscaping and fencing may be required. If required it shall be main- tained at all times. 42.10 Performance Standards. Performance Standards shall be as indicated in Section 44. (D) Sections 43, 43.1, 43.2, 43.3, 43.4, 43.5, 43.6 and 43.7 shall be amended and 43.8 and 43.9 enacted to read as follows: Sec. 43. HEAVY INDUSTRIAL DISTRICT, M-3 DISTRICT The following regulations shall apply to every lot and building site in an M-3 district and shall be subject to all of the general provisions of this ordinance. 43.1 Uses Permitted. All uses within the M-3 district shall be permitted only if the issuance of a conditional use permit is approved by the Planning Commission or by the City Council on appeal as provided in Section 71 of this ordinance. The following uses are permitted: (a) All uses permitted in the M-2 district, within or without a building or an enclosed area. (b) All other uses which are not obnoxious or offensive by reason of emission of odor, dust, smoke, noise, gas, fumes, cinders, vibration, refuse or water carried waste, as determined by Performance Standards (Section 44). (c) Uses customarily incident to any of the above uses and accessory buildings when located on the same lot. 43.2 Minimum Building Site Area. None. 43.3 Coverage Limitation. The ground floor area of all building construction on anyone lot shall not exceed sixty percent (60%) of the total area of the lot. 43.4 Front Yard. Front yard shall be a minimum of 15 feet, except if the sidelines of the site abuts a resi- dential or office site with frontage on the same street, then the front setback requirements for the residential or office (as the case may be) shall apply. 43.5 Side Yard. None, except if the sideline of the site abuts a residential or office site, then the setback shall be 10 feet. -4- ORDINANCE NO. 984 43.6 Rear Yard. None, except where rearline abuts upon a residential district in Which case there shall be a rear yard of not less than 24 feet. 43.7 Parking. Parking shall be determined by Section 53. There shall De no parking or loading of any vehicles in any required front yard. 43.8 Landscaping and Fencing. Adequate landscaping and fencing may be required. If required, it shall be maintained at all times. 43.9 Performance Standards. Performance Standards shall be as indicated in Section 44. 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 4th day of June, 1973, by the following vote: AYES: COUNCILMEMBERS: DeBELL, HUGHAN, PATE, SILVA, STOUT and DUFFIN COUNCILMEMBERS: None COUNCILMEMBERS: GOODRICH NOES: ABSENT: APPROVED: Mayor Protempor€ ATTEST: ,~) i ), . ",_ ,{ ",' "'{ {; (,.1, Jpj,L {/,' , I ,___,,__ i!<d;:;4~ (../ -5- ORDINANCE NO. 984 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 984 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of June , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Of~~ s::,~ ~Cit:j~~~:' ,City Clerk of the City of Gilroy this 7th day of Jun~ , 19.2.1... (S ea 1)