Banning Municipal Code § 17.12.030 Table of commercial and industrial development standards

Table 17.12.030

Commercial and Industrial Development Standards

12 If a commercially or industrially zoned lot is located adjacent to a residentially zoned lot, the minimum setback shall be 10 feet.

13 If a commercially or industrially zoned lot is located adjacent to a residentially zoned lot, the minimum setback shall be 10 feet.

14 Not including belltowers, steeples and similar architectural embellishments not exceeding 10% of the total building area.

15 Additional height may be permitted with approval of a Conditional Use Permit.

16 Additional height may be permitted for security as approved by the director through a technical staff review.

(Zoning Ord. dated 1/31/06, § 9103.03 (part); Ord. No. 1355, § 3 (part).)

(Ord. No. 1469, § 5, 10-8-13; Ord. No. 1596, § 2, 10-24-23)

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These standards apply to all development in the Commercial and Industrial districts, unless otherwise addressed in this Ordinance (all standards are minimum unless stated as maximum):

A. All uses other than those specified as outdoor uses shall occur in a completely enclosed structure. Outside uses (e.g. patio dining areas and nursery sales) shall be approved through technical staff review.

B. Except for the display area for sale or rent of motor vehicles, there shall be no visible storage of vehicles, trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; equipment; or building materials in any portion of a lot. Storage shall always be considered ancillary to the primary use. There shall be no storage on parcels otherwise vacant. Materials being used for the construction of a structure may be stored on the property only as long as a valid building permit is in effect.

C. All structures within the commercial and industrial districts shall include a trash enclosure, constructed to the standards established by the public works department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use.

D. All roof-mounted equipment, air conditioning or heating equipment, vents or ducts shall not be visible from any abutting lot, or any public street or right-of-way.

(Zoning Ord. dated 1/31/06, § 9103.03(1); Ord. No. 1448, § 8, 5-8-12)

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The following standards apply to specific uses in the commercial and industrial districts. For residential uses in commercial districts, see Table 17.08.030, and the use specific standards contained in Section 17.08.030.

Table 17.12.050

Use Specific Development Standards

A. Adult Entertainment. See Municipal Code.

B. Alcohol Beverage Control "ABC" License.

1. Alcoholic Beverage Control Board licenses are required for any business wishing to sell such beverages on- or off-site. These licenses are issued by the State of California. As indicated in Table 17.12.020, a Conditional Use Permit is required by the City in addition to the State license, except for sit-down restaurants where the on-site sale of alcoholic beverages is secondary to the primary function of the service of food. These businesses are exempt from the requirement for a Conditional Use Permit.

2. In addition to any conditions of approval imposed by the Planning Commission, the following standards shall apply:

a. Establishments shall not be located within 500 feet of any school or public park within the City.

b. The license application shall be reviewed by the police department prior to planning commission approval.

3. A bar or lounge is permitted in sit-down restaurants for the convenience of patrons. (Establishments which are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not included in this exemption.)

C. Automobile Dismantling. As indicated in Table 17.12.020, a conditional use permit is required for automobile wrecking/parts salvaging businesses. The following standards shall apply:

1. The minimum site area shall be twenty thousand square feet.

2. With the exception of structures or required landscaping areas, the site shall be entirely paved.

3. All vehicles, parts of vehicles or vehicle parts shall be fully screened from view from adjacent properties, the public right of way, or the Interstate 10 corridor.

4. No activity, including dismantling, service, loading or unloading shall be permitted on the adjacent public right-of-way. All such activities shall be conducted entirely within the property boundaries.

5. Any service bays shall be oriented so as not to face the public right-of-way.

6. Storage, use and removal of toxic substances, solid waste, and flammable liquids shall conform to all applicable federal, state and local regulations. All required licensing shall be maintained in good order at all times. Lapse or revocation of any required license shall result in the voiding of the conditional use permit.

7. A trash enclosure shall be constructed to the standards established by the public works department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use.

8. All exterior lighting shall be approved by the community development department. Lighting shall be limited to that necessary to light the project site. No lighting source shall be visible, or shall be permitted to spill over to adjacent properties.

9. Outdoor hoists shall be prohibited.

10. Exterior noise generated by the use shall not exceed 65 dBA at the property line.

11. All signage shall comply with the provisions of Chapter 17.36 (Sign Standards).

12. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.32 (Landscaping Standards).

13. All parking shall comply with the provisions of Chapter 17.28 (Parking and Loading Standards).

14. The entry shall be offset to minimize the view into the site.

D. Automobiles Sales. Technical Staff Review shall be required for all businesses selling new or used vehicles, and all dealerships must be constructed in the following manner:

1. The minimum site area shall be fifteen thousand square feet, except where a larger minimum area is required.

2. All parts, accessories, etc., shall be stored within a fully enclosed building.

3. Service and associated car storage areas shall be screened from public view.

4. All loading and unloading of vehicles shall occur on-site and not in adjoining streets or alleys.

5. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys.

6. An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces.

7. No vehicle service or repair work shall occur except within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.

8. All exterior lighting shall be approved by the community development department. Lighting shall be limited to that necessary to light the project site. No lighting source shall be visible, or shall be permitted to spill over to adjacent properties.

9. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.32 (Landscaping Standards).

10. All on-site signage shall comply with the provisions of Chapter 17.36 (Sign Standards).

11. All on-site parking shall comply with provisions of Chapter 17.28 (Off-Street Parking Standards). A parking plan shall be developed as part of the permit review process.

12. A trash enclosure shall be constructed to the standards established by the public works department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use.

13. Automobile display area shall be paved.

14. Chain link fence or chains are prohibited; wrought iron or decorative block walls are encouraged.

E. Business Park Development on Ramsey Street. Development in the Business Park district which has a property line adjacent to Ramsey Street shall conform to the following criteria:

1. At least fifty percent of the lineal frontage on Ramsey Street shall be occupied by retail commercial land uses.

2. A minimum landscaped setback of twenty-five feet shall be provided for all property lines adjacent to, or across a street or alley from, residentially designated properties.

3. Walls and fences may be provided in the front, sides and rear yards. Wall, fences, and gates that are to be used for screening purposes shall be decorative solid block walls, or stucco block walls, or wrought iron (open fencing shall be backed by solid or perforated metal colored to match the fence or gate) or a combination of decorative block wall and wrought iron grill work. Colors and materials for the walls and fences shall be compatible with the building architecture. The wall shall be located at the interior boundary of the landscaped setback if required in subsection 2, above.

4. Outdoor storage, outdoor fabrication or manufacturing activities shall be completely screened from view.

5. Loading areas and loading docks shall be located on the side of the lot to the greatest extent possible.

6. Manufacturing activities shall be prohibited before 7:00 A.M. or after 7:00 P.M., on Saturdays and Sundays, and legal holidays.

7. All projects which include a manufacturing component shall be required to complete an Initial Study under the California Environmental Quality Act, and may be required to prepare specialized air quality or other analyses, as determined necessary by the Director.

8. Exterior lighting shall not spill onto adjacent properties. Lighting plans, including lighting levels at property lines, shall be submitted as part of the Design Review application.

F. Business Park Development Not on Ramsey Street. Development in the Business Park district shall conform to the following criteria:

1. A minimum landscaped setback of twenty-five feet shall be provided for all property lines adjacent to, or across a street or alley from, residentially designated properties.

2. Walls and fences may be provided in the front, sides and rear yards. Wall, fences, and gates that are to be used for screening purposes shall be decorative solid block walls, or stucco block walls, or wrought iron (open fencing shall be backed by solid or perforated metal colored to match the fence or gate) or a combination of decorative block wall and wrought iron grill work. Colors and materials for the walls and fences shall be compatible with the building architecture. The wall shall be located at the interior boundary of the landscaped setback if required in subsection 1, above.

3. Outdoor storage, outdoor fabrication or manufacturing activities shall be completely screened from view.

4. Loading areas and loading docks shall be located on the side of the lot, away from residentially designated property, to the greatest extent possible.

5. Hours of operation shall be determined during project review.

6. All projects which include a manufacturing component shall be required to complete an Initial Study under the California Environmental Quality Act, and may be required to prepare specialized air quality or other analyses, as determined necessary by the Director.

7. Exterior lighting shall not spill onto adjacent properties. Lighting plans, including lighting levels at property lines, shall be submitted as part of the Design Review application.

G. Day Care Centers. Refer to Section 17.08.060.

H. Downtown Commercial Development. The Downtown Commercial zoning district applies to a clearly defined and limited area of the City which represents its core and its history. The following standards shall apply to all structures and land uses in the Downtown Commercial district. Design guidelines shall be utilized in concert with these standards.

1. All land uses permitted by right in Table 17.12.020 in the Downtown Commercial district, and proposed for an existing structure, without expanding that structure, shall require a business license. No Design Review shall be required.

2. Multi-family/High Density residential uses shall be permitted at a density of up to 30 dwelling units per acre. Multi-family residential uses are prohibited on the ground floor on Ramsey Street and San Gorgonio within the Downtown Commercial district. Multi-family uses on Ramsey Street and San Gorgonio must occur above commercial uses. In the balance of the district, multi-family uses may occur on any level.

3. Multi-family residential uses shall be subject to the following Design Standards:

a. Minimum front for Multi-family/High Density Units: 15-feet

b. Minimum interior side: 4-ft.

c. Minimum street side: 4-ft.

d. Minimum rear setback: 15-ft.

4. Multi-family residential uses, for lots smaller than 3,000 sf. Or less than 35-ft. wide, shall be subject to the following Design Standards:

a. Minimum interior side: 3-feet

b. Minimum street side:3-feet

c. Height Regulations

d. Maximum height for accessory structures: 15 ft.

5. Multi-family residential uses shall provide the following outdoor space for each unit:

a. Private Outdoor Space. A minimum private outdoor space of forty (40) square feet shall be provided for each dwelling unit. Such private outdoor space shall be designed as a patio, deck, or balcony and shall have a minimum length or width of four (4) feet and shall be directly accessible and an integral part of the dwelling unit which it serves.

b. Common Outdoor Space. A minimum common outdoor space of two hundred (200) square feet shall be provided per dwelling unit for the first twenty-five (25) dwelling units on a lot; a minimum common outdoor space of one hundred fifty (150) square feet shall be provided per dwelling unit for each additional dwelling unit above fifty (50) on a lot. Any common outdoor space shall have a minimum level surface dimension of ten (10) feet and a minimum area of two hundred (200) square feet. Landscaping and seating shall be permanently integrated into all required common outdoor spaces. No street front setback area of street side setback area shall be used for common outdoor space.

I. Drive-Through Restaurants. The following standards shall apply for all drive-through restaurants.

1. Pedestrian walkways should not intersect the drive-through aisles, but where they do, they shall have clear visibility, and they must be emphasized by enriched paving or striping.

2. Drive-through aisles shall have a minimum 12-foot width on curves and a minimum 11-foot width on straight sections. Drive-through aisles shall be constructed with (PCC) concrete.

3. Drive-through aisles shall provide sufficient stacking area behind menu board to accommodate a minimum of 6 cars.

4. No drive-through aisles shall exit directly onto a public right-of-way.

5. Parking areas and the drive-through aisle and structure shall be setback from the ultimate curb face a minimum of 25 feet.

6. Landscaping, berming, and/or decorative walls shall screen drive-through or drive-in aisles from the public right-of-way and shall be used to minimize the visual impact of readerboard signs and directional signs. Screening shall be combined to total 6 feet in height.

7. Menu boards shall be a maximum of 30 square feet, with a maximum height of 7 feet, and shall face away from the public right-of-way.

8. The architectural style of a drive-through restaurant proposed within an existing shopping center shall be consistent with the architecture of that center in form, materials, colors, scale, etc. Articulation of building surfaces through the use of openings, recesses and high-relief mouldings which create texture and shadow patterns is required.

9. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.32 (Landscaping Standards).

10. All on-site signage shall comply with the provisions of Chapter 17.36 (Sign Standards).

11. All on-site parking shall comply with provisions of Chapter 17.28 (Off-Street Parking Standards). A parking plan shall be developed as part of the permit review process.

12. A trash enclosure shall be required, constructed to the standards established by the Public Works Department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use.

J. Massage Parlors. See Banning Municipal Code.

K. Mini-Storage. Mini-storage facilities shall meet the following standards:

1. The minimum site area shall be 20,000 square feet.

2. The site shall be entirely paved, except for structures and landscaping.

3. All on-site lighting shall be energy efficient, the light source shall not be visible, shall be stationary and directed away from adjoining properties and public rights-of-way.

4. The site shall be completely surrounded by a 6 foot high solid decorative masonry wall, except for points of ingress and egress (including emergency fire access) which shall be properly gated. The gates(s) shall be maintained in good working order and shall remain closed except when in use.

5. Aisle width shall be a minimum of 24 feet between buildings to provide unobstructed and safe circulation.

6. All storage shall be located within a fully enclosed structure(s), except for vehicle storage, if permitted.

7. No flammable or otherwise hazardous materials shall be stored on-site.

8. Residential quarters for a manager or caretaker must be provided.

9. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.32 (Landscaping Standards).

10. All on-site signage shall comply with the provisions of Chapter 17.36 (Sign Standards).

11. All parking shall comply with the provisions of Chapter 17.28 (Parking Standards).

12. All structures shall include a trash enclosure, constructed to the standards established by the Public Works Department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use.

13. Storage facilities located adjacent to residential districts shall have their hours of operation restricted to 7:00 AM to 9:00 PM, Monday through Saturday, and 9:00 AM to 9:00 PM on Sundays.

L. Senior Citizen/Congregate Care Housing Standards. Refer to Section 17.08.180.

M. Service Station Standards. Service stations shall comply with the following standards:

1. New service stations shall be permitted only at the intersections of arterials and secondary roadways.

2. The minimum parcel size shall be 15,000 square feet.

3. All operations shall be conducted entirely within an enclosed structure, except as follows:

a. The dispensing of petroleum products, water and air from pump islands.

b. The provision of emergency service of a minor nature.

4. Pump islands shall be located whenever possible behind the main structure and have a minimum of 20 feet from a street property line. A canopy or roof structure shall be required over a pump island, and may extend up to 10 feet from the street property line.

5. The cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.

6. There shall be no more than 2 points of access provided on each street, which shall be a minimum distance of 30 feet apart.

7. No driveway may be located closer than 40 feet to the curb return.

8. The width of a driveway may not exceed 30 feet at the sidewalk.

9. Outside storage of motor vehicles is prohibited.

10. No vehicles may be parked on sidewalks, parkways, driveways or alleys.

11. No vehicle may be parked on the premises for the purpose of offering same for sale.

12. No used or discarded automotive parts or equipment, or disabled, junked or wrecked vehicles may be located in any open area outside the main structure.

13. All lighting, including canopy, perimeter, and flood lights shall be energy efficient, stationary and shielded or recessed within the roof canopy. Lighting shall not be of such a high intensity as to cause a traffic hazard or adversely affect adjoining properties.

14. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.32 (Landscaping Standards).

15. All on-site signage shall comply with the provisions of Chapter 17.36 (Sign Standards).

16. All parking shall comply with the provisions of Chapter 17.28 (Parking Standards).

17. All structures shall include a trash enclosure, constructed to the standards established by the Public Works Department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use.

18. Restroom entrances visible from adjacent properties or public-rights-of-way shall be prohibited.

19. Noise from bells or loudspeakers shall not be audible beyond the property line at any time.

N. Service Station Conversions. A structure originally constructed as a service station and which is proposed for conversion to another allowable use shall require upgrading and remodeling for such items as, but not limited to, removal of all gasoline appurtenances, removal of canopies, removal of pump islands, removal of gas tanks, removal of overhead doors, additional street improvements or modification of existing improvements to conform to access regulations, exterior remodeling, and any additional standards as required by this Zoning Ordinance.

O. Single Family Housing, Existing. Maintenance of non-conforming single-family units which legally existed in the commercial and industrial districts prior to the adoption of this Zoning Ordinance, shall comply with the LDR District Standards. Additions, alteration, and expansions will not be permitted.

P. Single Family/Office Conversions. A structure constructed as a family residence and proposed for conversion to an office use shall require the following:

1. The character of the building facade and landscaping in the front yard shall be maintained.

2. Parking shall be provided on the side or rear of the structure. Access may be permitted from the original driveway if there is a minimum width of ten feet.

3. If the rear property line abuts an alley, access to parking shall be provided from the alley whenever possible.

4. Where two or more single-family residences adjacent to one another are converted to office uses, reciprocal access and parking may be required.

5. Landscaping requirements may be reduced to five percent of the parking area to provide adequate parking.

6. Loading spaces are not required.

7. The structure shall conform to the provisions of the Uniform Fire Code and the Uniform Building Code for commercial structures in effect at the time the structure is converted.

8. Trash receptacles should be placed to the rear of the structure and screened from view. Location and size of receptacles will be determined at project review.

Q. Boarding Houses and Single Room Occupancies.

1. All requirements outlined in Section 17.08.201 shall be complied with.

R. Tattoo and Body Piercing Studios. As indicated in table 17.12.020, a conditional use permit is required for tattoo and/or body piercing businesses. The following standards shall apply:

1. The business shall maintain in a sanitary condition at all times both the facilities and employees of the business. All walls, ceilings, floors, furnishings, and instruments used for tattoo and piercing shall be kept in good repair, and maintained in a clean and sanitary condition. Employees shall be required to wash their hands prior to any contact with customers.

2. Officers of the police department, code enforcement division, and the fire department shall have the right to enter any tattoo and body piercing businesses during regular business hours to make reasonable inspection to ascertain whether the provisions of this chapter are being complied with, provided reasonable and normal business operations shall not be interfered with by said inspection.

3. The hours of operation shall be no earlier than 7:00 a.m. and no later than 10:00 p.m.

4. All activities shall be located indoors.

S. Hookah and Smoking Lounge. As indicated in Table 17.12.020, a conditional use permit is required for all hookah and smoking lounge businesses. The following standards shall apply:

1. The business shall not be located within one thousand feet of any other hookah and smoking lounge as measured from any point from the outer boundaries of the property containing the business.

2. The business shall not be located within five hundred feet of any adult-oriented business as measured from any point from the outer boundaries of the property containing the business.

3. The business shall not be located within one hundred feet of any residential use as measured from any point between the outer boundaries of the property containing the business and the nearest property line of a residentially occupied property.

4. The business shall not be located within six hundred feet of a school, park or day care center/family day care home as measured from any point between the outer boundaries of the property containing the business to the nearest property line of the school, park or day care center/family day care home.

5. An outdoor patio shall be required together with any proposed or existing hookah or smoking lounge use.

6. The hours of operation shall be no earlier than 7:00 a.m. and no later than 11:00 p.m.

T. Fortune-Telling. As indicated in Table 17.12.020, a conditional use permit is required for fortune-telling businesses. The following standards shall apply:

1. The business shall not be located within one thousand feet of any other fortune-telling businesses as measured from any point from the outer boundaries of the property containing the business.

2. The business shall not be located within five hundred feet of any adult-oriented business as measured from any point from the outer boundaries of the building lease space containing the business.

3. The business shall not be located within one hundred feet of any residential use as measured from any point between the outer boundaries of the property containing the business and the nearest property line of a residentially occupied property.

4. The business shall not be located within six hundred feet of any school, park or day care center/family day care home as measured from any point between the outer boundaries of the property containing the business and the nearest property line of the school, park or day care center/family day care home.

5. The hours of operations shall be no earlier than 7:00 a.m. and no later than 10:00 p.m.

U. [Emergency Shelters.] In addition to the development standards of the base district provided in Sections 17.12.030 and 17.12.040, emergency shelters shall comply with the following use-specific standards:

1. Maximum of twenty-five beds.

2. Minimum separation of three hundred feet between emergency shelters.

3. Off-street parking ratio of one space per four beds plus one space for each staff member on duty.

4. Management and operations plan required specifying hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior on-site waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, house rules regarding use of alcohol and drugs, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.

U. Community Gardens. Community Gardens in all zones shall meet the requirements of 17.08.202 Community Gardens.

V. Commercial Cannabis Indoor Cultivation uses shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.53.

W. Commercial Cannabis Manufacturing Level 1 uses shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.53.

X. Commercial Cannabis Testing Laboratory uses shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.53.

Y. Cannabis Retailers shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.54.

Z. A Cannabis Distribution Facility shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirement of Chapter 17.53.

AA. A Cannabis Microbusiness shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirement of Chapter 17.53.

(Zoning Ord. dated 1/31/06, § 9103.03; Ord. No. 1392, § 6.; Ord. No. 1434, §§ 5—10, 2-8-11; Ord. No. 1448, §§ 4, 6, 5-8-12; Ord. No. 1467, § 5, 8-13-13; Ord. No. 1470, §§ 3, 4, 12-10-13; Ord. No. 1509, §, 4-11-17; Ord. No. 1530, § 4A, 9-25-18; Ord. No. 1535, §§ 4C, 4D, 11-13-18; Ord. No. 1523, § 3D, 7-10-18; Ord. No. 1531, § 3D, 11-13-18; Ord. No. 1577, §§ 15, 16, 9-28-21; Ord. No. 1596, § 2, 10-24-23)

All permitted and conditionally permitted uses shall be subject to the applicable regulations of this Zoning Ordinance, including, but not limited to, Chapter 17.28, Parking Standards, Chapter 17.32, Landscaping Standards, and Division IV, Administration Provisions.

(Zoning Ord. dated 1/31/06, § 9103.04.)