Fowler Municipal Code Art. 14 M-1—LIGHT Industrial District

This district is to be applied to areas designated Light Industrial on the General Plan in order to reserve appropriately located areas for various types of less intense industrial plants and related activities.

All uses shall be subject to the provisions of Article 21.

A. Dwellings for a caretaker incidental to a use located in such zone;

B. Manufacture, processing, and packaging of:

1. Small electric appliances such as lighting fixtures, electric toys, washing machines, dishwashers, and similar home appliances;

2. Small electrical equipment such as motion picture equipment, radio and television receivers, but not including electrical machinery;

3. Scientific drafting instruments, precision instruments, optical goods, watches, and clocks;

4. Ceramic products such as pottery and small glazed tile;

5. Cosmetics, pharmaceuticals, and toiletries (not including refining or rendering of fats or oils);

6. Electrical supplies such as condensers, insulation, lamps, and wire and cable assembly;

7. Furniture, hardware, hand tools, die and pattern making; metal stamping and extrusion of small products such as costume jewelry, razor blades, bottle caps, buttons, and kitchen utensils;

8. Articles from the following previously prepared materials: asbestos, canvas, cloth, cork, fiber, fur, glass, leather, paint (not employing a boiling process), paper, plastics, precious or semi-precious metals or stones, rubber and synthetic rubber, shell, textiles, tobacco, and wood;

9. Bakery goods, candy, dairy products, food products, including fruits and vegetables (but not including fish and meat products, pickles, sauerkraut, vinegar or yeast, or refining or rendering of fats and oils);

10. Blacksmith shops; boat building; electric motor rebuilding, machine shops; paint shops;

C. Animal hospitals, kennels and veterinarians;

D. Automobile dismantling and used parts storage, provided such parts storage must be conducted wholly within a building;

E. Automobile repair;

F. Building materials, sales, and storage;

G. Emergency shelter subject to the following development standards:

1. Facility compliance with applicable state and local standards and requirements;

a. Federal, State and local licensing as required for any program incidental to the emergency shelter;

2. Physical characteristics;

a. Compliance with applicable state and local uniform housing and building code requirements;

b. The facility shall have on-site security during all hours when the shelter is open;

c. Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

d. Facilities shall provide secure areas for personal property;

3. Limited Number of Beds. Emergency shelters shall not exceed ten (10) beds;

4. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six (6) months in a consecutive twelve (12) month period;

5. Parking. The emergency shelter shall provide on-site parking at a rate of one (1) space for each employee at the maximum shift plus one (1) space per six (6) occupants allowed;

6. Emergency Shelter Management. A management plan is required to address management, client supervision, client services, and food services. Such plan shall be submitted to and approved by the Community Development Department prior to operation of the emergency shelter;

H. Farm machinery and equipment manufacturing, sales, and service (including incidental auctions not to exceed four (4) per year);

I. Frozen food processing, storage, and accessory sales;

J. Gasoline service stations, including dispensing of diesel and other fuels, and complete truck service;

K. Golf cart sales and service;

L. Hatcheries;

M. Ice and cold storage plant;

N. Laboratories, experimental and testing;

O. Machine shops;

P. Petroleum products storage, provided that gasoline, kerosene, and similar products shall be stored underground;

Q. Planning mill, excluding refuse burning;

R. Poultry and rabbit processing;

S. Prefabrication of buildings;

T. Public utility service yards, electrical and gas transmission stations;

U. Secondhand stores;

V. Stables and riding academies;

W. Stone monument works;

X. Tire recycling, rebuilding, recapping and retreading;

Y. Transit and transportation equipment, storage space and yards, except freight classification yards;

Z. Trucking terminals;

AA. Warehouses and mini-storage uses.

(Ord. No. 2013-01, § 12, 9-3-2013; Ord. No. 2015-03, § 4, 5-19-2015; Ord. No. 2020-06, § 6, 11-17-2020)

The following uses shall be permitted, subject to the provisions of Article 24:

A. Electrical distribution substations, communication equipment buildings, gas regulator stations, and utility pumping stations;

B. Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

C. Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A. Any permitted use in the M-2 district provided that the Commission makes the following findings:

1. That consideration of the characteristics of the proposed use indicates that the use has the same essential characteristics as uses permitted in the M-1 district with respect to operation, materials, equipment, storage, and appearance;

2. That the application includes sufficient evidence to indicate that measures are planned to eliminate any potential nuisance or hazardous characteristics;

B. Automobile and recreational vehicle storage yards;

C. Automobile dismantling and used parts storage, provided such parts storage must be within an enclosed building;

D. Breweries;

E. Bulk storage and delivery of fuel, including liquefied petroleum gas;

F. Business park;

G. Cellular communication towers;

H. Convenience stores, with or without gasoline sales;

I. Day care center;

J. Library;

K. Outdoor advertising structure (billboard);

L. Public buildings and grounds;

M. Planned Unit Development subject to provisions of Article 28;

N. Recycling and wood yards;

O. Restaurants;

P. Swap meets;

Q. Tire recycling, rebuilding, recapping and retreading;

R. Towing and storage of wrecked vehicles;

S. Trucking terminals.

(Ord. No. 2013-01, § 13, 9-3-2013)

A. Where a site adjoins any non-industrial district, a solid wall or screen fence six (6) feet in height or such other height or type of screening device as may be required by the Director, shall be located on the property line common to such districts, except in a required front yard.

B. A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from any non-industrial district, shall be screened by a decorative masonry wall not less than six (6) feet in height, if found by the Director to be unsightly.

C. Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a decorative masonry wall or compact evergreen hedge (with solid gates where necessary), not less than six (6) feet in height.

D. No fence or wall shall exceed six (6) feet in height if located in a required side or rear yard or three (3) feet in height if located in a required front yard, except that a chain-link fence greater than three (3) feet in height may be located in any portion of a required front yard.

A. All open and unlandscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash, and debris.

B. No use shall be permitted and no process, equipment or materials shall be employed that is found to be injurious to persons residing or working in the vicinity by reason of odor, dust, smoke, refuse, noise, vibrations, glare or heavy truck traffic or to involve any hazard of fire, explosion or radio-activity or to emit electrical disturbances that adversely affect commercial or electronic equipment outside the site boundaries.

C. No solid or liquid wastes shall be discharged except in compliance with applicable regulations of the Regional Water Quality Control Board.

D. No use shall emit air pollutants in excess of the applicable emission standards of the San Joaquin Valley Air Pollution Control District, the State of California or of the Federal Government.

A. Front Yard. The minimum front yard shall be ten (10) feet.

B. Rear and Side Yards. No rear yard or side yards shall be required except as provided below:

1. The minimum rear yard abutting any non-industrial district shall be fifteen (15) feet.

2. The minimum side yard abutting any non-industrial district shall be fifteen (15) feet.

No building shall exceed a height of fifty (50) feet, except as may be provided under the provisions of Article 27.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Article 20.

No signs shall be permitted except as provided in Article 22.

A site plan shall be submitted and approved in accordance with the provisions of Article 26.

The purpose of the performance standards is to insure that an objective determination is made where there may be substantial doubt as to whether an existing use complies with the performance standards of this zone, and to formulate practical ways for the alleviation of such noncompliance.

A. Noise. No permitted or conditionally permitted use shall create noise that causes the exterior noise level when measured on any other property to exceed:

1. The noise standard for a cumulative period of more than thirty (30) minutes in any hour;

2. The noise standard plus ten (10) dB for a cumulative period of more than five (5) minutes in any hour;

3. The noise standard plus twenty (20) dB or the maximum measured ambient level, for any period of time.

B. Vibration. No vibration shall be permitted that is perceptible without instruments at the lot-line of the source industry or beyond. For the purpose of interpretation, the perception threshold shall be presumed to be a motion velocity of 0.01 inches per second over a range of 1 to 100 Hertz.

C. Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily discernible without instruments at the lot-line of the source industry or beyond.

D. Glare. No direct or sky-reflected glare, whether from floodlights or from a high temperature process such as combustion or welding or otherwise, shall be permitted so as to be visible at the lot-line of the source industry or beyond.

E. Fire and Explosion Hazards. All activities involving inflammable and explosive materials shall be provided with adequate safety devices and adequate fire fighting and fire suppression equipment standard in the industry. Such equipment shall be subject to the approval of the City Fire Chief.

F. Radio and Electric Disturbance. No activities shall be permitted that emit electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

G. Air Pollution. All uses shall be subject to the rules and regulations established by the San Joaquin Valley Air Pollution Control District, and the State and Federal government.

H. Liquid and Solid Waste. No discharge into the public sewer, private sewage system or into the ground shall be permitted, except in compliance with the standards of the State Department of Health, the City of Fowler, the California Regional Water Quality Control Board, and the Selma-Kingsburg-Fowler County Sanitation District, and. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces and any waste that might be attractive to rodents or insects shall be stored outdoors only in closed containers.

I. Performance Standards Procedures.

1. Determination of compliance: proposed use. All applications for building permits or business licenses must be accompanied by a written statement signed by the owner or operator of the use declaring that the proposed use can meet the performance standards of the M-1 Zone set forth in this section, and will be operated in accordance with said standards.

2. Determination of noncompliance: existing use. The Director may determine that there are reasonable grounds to believe that an existing use may be violating these performance standards and may initiate an investigation.

Noise Level Standards

* Public uses include schools, libraries, hospitals, churches, and parks.

The specified noise standards shall not apply to railroad operations, motor vehicles, including trucks, or to agricultural equipment used in the cultivation of any agricultural land in the M-l Zone.

3. Where determinations can reasonably be made by the Director using equipment normally available to the City or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued. Where technical complexity or extraordinary expense make it unreasonable for the City to maintain the personnel or equipment necessary for making a determination, procedures as herein set forth shall be available for protecting individuals from arbitrary administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.

4. Where determination of violation of performance standards can be made using equipment and personnel available to the City or obtainable without extraordinary expense, determination of violation shall be made; and the Director shall take lawful action as provided by Article 14 of this chapter to eliminate such violation.

5. Where determination of violation entails the use of skilled personnel and instrumentation not ordinarily available to the City and when, in the judgment of the Director a violation exists, the procedure shall be as follows:

a. Notice. The Director shall give a written notice, by certified mail, return receipt requested, or other means insuring a signed receipt for such notice, to those responsible for the alleged violation. Such notice shall describe the alleged violation and shall require a response or correction of the alleged violation within a reasonable time limit set by the Director. The notice shall declare that failure to reply or to correct the alleged violation within the time limit set constitutes admission of violation. The notice shall further state that upon request of those to whom it is directed, technical determinations as described in the appropriate portions of these provisions will be made, and if that violation as alleged is found, costs of the determinations will be charged against those responsible in addition to such other penalties as may be appropriate. If it is determined that no violation exists, costs of the determinations will be paid by the city.

b. No correction: no reply. If there is no reply within the time limits set thus establishing admission of violation as provided above and the alleged violation is not corrected within the time limit set, the Director shall take such action as warranted by continuation of an admitted violation after notice to cease.

c. Reply requesting extension of time. The Director may grant an extension of time if such extension will not cause imminent peril to life, health, or property. In acting on such requests for extension of time, the Director shall state in writing reasons for granting or refusing to grant the extension and shall transmit the same by certified mail, return receipt requested, or other means insuring a signed receipt, to those to whom original notice was sent.

d. Reply requesting technical determination. If a reply is received within the time limit set requesting technical determinations as described in the appropriate provisions of this section and if the alleged violations continue, the Director may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be paid by the persons responsible for the violations, in addition to such other penalties as may be appropriate under the terms of Article 1 of this chapter. If no violation is found, costs of the determination shall be paid by the city.