§ 22.84

The Green Zone, Zone ( )-GZ, is a Combining Zone established to identify industrially-zoned parcels, including those in a Specific Plan, that are within a 500-foot radius of a lot containing a sensitive use, and therefore, subject to specific land use regulations set forth in this Chapter. The Green Zone promotes environmental justice in communities that are disproportionately affected by toxic pollutants and contaminants generated from various land uses over time. This Chapter provides regulations and procedures for new and existing land uses to ensure that such land uses will be operated in consideration of the surrounding sensitive uses as defined in Chapter 22.14 (Definitions), minimizing potential adverse health and safety impacts, and promoting clean industrial uses.

(Ord. 2024-0028 § 8, 2024; Ord. 2022-0023 § 25, 2022.)

A.

General Applicability. Except as specified otherwise in this Title 22, this Chapter applies to parcels that are zoned ( )-GZ and contain a new or legally-established existing use that is one of the following:

1.

Listed under the Industrial Uses category, with the exception of uses under the Airport-related subcategory, in Table 22.22.030-B (Principal Use Regulations for Industrial Zones);

2.

Listed under Recycling and Solid Waste Uses category in Table 22.22.030-B (Principal Use Regulations for Industrial Zones);

Listed under the Vehicle-related Uses, with the exception of uses under the Vehicle Sales and Rentals subcategory, in Table 22.22.030-B (Principal Use Regulations for Industrial Zones). Supply stores under Vehicle Services sub-category that are within fully enclosed buildings are also not subject to this Chapter;

4.

A new drive-through establishment, drive-through facility, or drive-through service, established on or after July 14, 2022; or

5.

A new automobile service station or a new CNG fueling station, established on or after July 14, 2022.

B.

Applicability of Schedule for Compliance. Existing, legally-established uses, structures, or development subject to this Chapter shall comply with all applicable provisions in Section 22.84.050 (Schedule for Compliance for Existing, Legally-Established Uses).

C.

Exceptions. Notwithstanding Subsections A and B, above:

1.

This Chapter shall not apply to any existing industrial, recycling or solid waste, or vehicle-related uses, legally established prior to the establishment of a new sensitive use on or after July 14, 2022, on an adjacent or adjoining lot, pursuant to Chapter 22.134, if such sensitive use is the only sensitive use that is within a 500-foot radius of the lot containing the existing industrial, recycling or solid waste, or vehiclerelated uses.

2.

When in conflict with other provisions of this Title 22, the more restrictive requirements shall apply.

3.

When a use is subject to a Conditional Use Permit (Chapter 22.158) or a Minor Conditional Use Permit (Chapter 22.160) pursuant to this Title 22, the Commission or Hearing Officer may impose a condition of approval that differs from a development standard, a performance standard, or the schedule for compliance prescribed in this Chapter.

D.

Improvements Pursuant to this Chapter. Improvements made pursuant to this Chapter shall not be considered nonconforming pursuant to Chapter 22.172 (Nonconforming Uses, Buildings, and Structures), even if there is subsequently a more restrictive requirement in this Title 22 governing the same matter.

(Ord. 2024-0028 § 8, 2024; Ord. 2022-0023 § 25, 2022.)

The following uses are prohibited in Zone ( )-GZ, except where noted:

A.

Acid manufacture.

B.

Anaerobic digestion facility, except as an accessory to a legally-established use that processes waste generated on-site only.

C.

Auto dismantling (outdoor operation).

D.

Cement, lime, gypsum, or plaster of Paris manufacture.

E.

Chipping and grinding.

F.

Combustion or non-combustion biomass conversion facility, except for a non-combustion biomass conversion facility that processes waste generated on-site only.

G.

Composting facility, except for green waste composting only.

H.

Compressed natural gas manufacture.

I.

Construction and demolition facility, recycling.

J.

Conversion technology facility, recycling, or solid waste.

K.

Distillation of bones.

L.

Drop hammers.

M.

Explosives.

N.

Forging works.

O.

Fertilizer manufacture, except accessory composting of on-site generated waste associated with a legallyestablished commercial or agricultural use.

P.

Gas manufacture, except accessory anaerobic digestion of on-site generated waste associated with a legally-established commercial or agricultural use.

Q.

Glue manufacture.

R.

Inert Debris landfills.

S.

Inert Debris processing facilities, recycling.

T.

Materials recovery facilities, new.

U.

Metal plating (prohibited within a 1,000-foot radius of a lot containing a sensitive use).

V.

Polymer plastics and foam manufacture.

W.

Scrap metal yards (outdoor operation).

X.

Smelting of tin, copper, zinc or iron ores.

Y.

Solid waste landfills.

Z.

Tannery or the curing or storage of raw hides.

AA.

Transfer stations.

(Ord. 2024-0028 § 8, 2024.)

22.84.040 - Standards and Requirements for Specific Uses.

A.

Application Requirements.

1.

The following uses shall be subject to a Conditional Use Permit (Chapter 22.158) in Zone ( )-GZ.

a.

Drive-through establishments, drive-through facilities, and drive-through services, new.

b.

Industrial Uses.

i.

Assembly, manufacture, packaging, and storage of finished or prepared materials, including on-site manufacture of raw, natural, or synthesized flammable or toxic chemicals:

(a)

Earthen products, including ceramics, sand, and stone, but excluding brick, terra cotta, and tile manufacture.

(b)

Precious and semi-precious metal products, including jewelry and lapidary.

ii.

Assembly, manufacture, packaging, and storage of finished or prepared materials, provided that no manufacturing of raw natural or synthesized materials, including flammable or toxic chemicals, is conducted on-site. Metal products and parts; including the fabricating, engraving, spinning, storing, plating, and finishing of, where the use prohibits snap riveting and any process used in bending or shaping,

which produces any audible nuisance or disagreeable noise, is prohibited. Use of perchloric acid is prohibited. Use excludes foundries and forging works.

iii.

Food processing:

(a)

Breweries.

(b)

Dairy products depots.

(c)

Slaughtering, dressing, processing, packing, and sale of poultry, fowl, rabbits, and other similar animals of comparable nature, form, and size.

(d)

Starch mixing and bottling.

iv.

Laundries and cleaning services, such as rug and carpet cleaning plants.

v.

Manufacturing:

(a)

Blacksmith shops.

(b)

Boat building.

(c)

Concrete batching plants, mixers of one cubic yard capacity or smaller.

(d)

Engraving, machine metal engraving.

(e)

Fabricating.

(f)

Ice manufacturing, distribution, and storage.

(g)

Lubricating oil canning and packaging, limited to 100 barrels stored aboveground at a time.

(h)

Lumberyard.

(i)

Machine shops.

(j)

Paint mixing, excluding lacquers and synthetic enamels.

(k)

Presses, hydraulic presses for the molding of plastics.

(l)

Refrigeration plants.

(m)

Sand, the washing of sand to be used in sandblasting.

(n)

Sheet metal shops.

(o)

Stone, marble and granite; including grinding, dressing, and cutting.

vi.

Recycling and Solid Waste uses, including auto dismantling/recycling (indoor operation), and scrap metal (indoor operation).

vii.

Storage:

(a)

Acetylene and oxygen storage in tanks. Oxygen shall be stored in a room separate from acetylene, and such rooms shall be separated by a not less than one-hour fire-resistant wall.

(b)

Boat storage.

(c)

Building materials.

(d)

Bus storage.

(e)

Car barns for buses and streetcars.

(f)

Cold storage plants.

(g)

Contractor's equipment yards, including farm and building trade equipment.

(h)

Distributing plants.

(i)

Draying yards or terminals.

(j)

Fuel yards.

(k)

Machinery storage yards.

(l)

Moving van storage or operating yards.

(m)

Plaster storage.

(n)

Produce yards and terminals.

(o)

Storage and rental of plows, tractors, buses, contractor's equipment, and cement mixers.

(p)

Truck and RV storage, including container storage.

(q)

Warehouses, including storage warehouses, which have a gross floor area of 100,000 square feet or greater.

(r)

Waste hauler vehicle or waste hauler container storage.

(s)

Wood yards.

viii.

Tire retreading or recapping.

ix.

Valves, storage and repair of; including oil well valves.

x.

Welding.

c.

Vehicle-related Uses:

i.

Automobile washing, automatic car wash.

ii.

Automobile washing, coin-operated, or hand wash.

iii.

Vehicle services, automobile body and fender repair, and paint shops.

iv.

Vehicle services, automobile impound, and tow yards.

v.

Vehicle services, automobile painting, and upholstering shops.

vi.

Vehicle services, any automobile repair garages.

vii.

Vehicle services, new automobile service stations.

viii.

Vehicle services, automobile supply stores (outdoor only).

ix.

Vehicle services, new CNG fueling stations.

d.

New development, change of use, or major improvements which increase either the floor area of a structure or the number of parking spaces, proposed on a site that is partially or entirely located within a half-mile radius of the boundaries of Superfund Sites, as identified in the United States Environmental Protection Agency ("U.S. EPA") National Priorities List. For these uses, an environmental site assessment (Phase 1 Study) shall be submitted.

2.

Projects that propose grading. Where grading is proposed for a project subject to a Conditional Use Permit, such projects must comply with all federal, State, and local laws with regard to protection of Tribal Cultural Resources.

3.

All other types of industrial or vehicle-related uses subject to this Chapter shall require a Ministerial Site Plan Review (Chapter 22.186) or Minor Conditional Use Permit (Chapter 22.160) application in compliance with this Section.

4.

All uses subject to a Conditional Use Permit may be required to submit a noise evaluation report and control plans for odor, dust, and vibration prepared by a licensed professional at the request of Public Health. Mitigation measures, if required, shall be approved by Public Health prior to the permit being finalized.

Hazardous Sites. The following application materials shall be required for all permitted and conditionally permitted uses subject to this Chapter that are located on hazardous sites:

a.

An appropriate federal, State, or local agency clearance letter where the project site is known to be a hazardous property or listed on the Cortese List maintained by the California Environmental Protection Agency ("Cal-EPA"); and

b.

A Phase 1 study to demonstrate that the site is clear of contamination if it is known to have a previous use that potentially generated hazardous materials.

B.

Additional Findings. When a Conditional Use Permit (Chapter 22.158) is required by this Section, or a Minor Conditional Use Permit (Chapter 22.160) is required by Title 22, the following additional findings must be made in addition to the Conditional Use Permit findings required in Section 22.158.050.B (Findings and Decision) or Minor Conditional Use Permit findings in Section 22.160.050 (Findings and Decision):

1.

The proposed use, development of land, and application of development standards are arranged to prevent adverse effects related to odor, noise, aesthetic, soil contamination, and air quality on neighboring property;

2.

The proposed use and development of land employ appropriate environmental impact mitigation strategies, such as physical design characteristics, mechanical safeguards, or best practice strategies, including placement of construction equipment as far away from sensitive uses as possible, use of construction equipment that has properly operating and maintained mufflers, use of Zero Emissions construction equipment where feasible, orienting public address systems on-site away from nearby sensitive uses and setting system volume at a level not readily audible past the property line as feasible, and minimizes impacts on nearby sensitive uses; and

3.

The proposed use and development of land protects public health and safety and promotes environmental sustainability.

C.

Development Standards.

1.

Development Standards for All Permitted and Conditionally Permitted Uses Subject to this Chapter.

a.

Solid walls.

i.

The following uses shall provide solid walls along the street frontage and any other lot lines adjoining a lot containing sensitive uses:

(a)

Boat storage.

(b)

Bus storage.

(c)

Organic waste facilities.

(d)

Pallet yards.

(e)

Recycling collection facilities.

(f)

Recycling processing facilities.

(g)

Truck and RV storage.

(h)

Uses that have accessory uses or secondary, related activities other than parking occurring outdoors.

ii.

Required solid walls shall meet the following standards:

(a)

Be of a uniform height between eight and 12 feet;

(b)

Be of a minimum thickness of six inches;

(c)

Be a neutral color; and

(d)

Be constructed in workmanlike manner and consist of materials such as concrete masonry unit ("CMU") or masonry, brick, etc.

iii.

Any type of fencing or wire is prohibited, except that metal gates may be permitted for the purpose of vehicular access.

b.

Landscaping on Street Frontage. Required solid walls along street frontages shall be set back by landscaping of a minimum of five feet in depth, as described below, unless the landscaping encroaches into the required existing parking spaces and associated maneuvering areas, or existing building or structures. The landscaping shall be verified on a landscaping plan submitted to the Department and consist of the following:

i.

One 15-gallon tree for every 100 square feet of landscaped area shall be planted and spaced 10 feet apart. The remaining area shall also be landscaped with grass, shrubs, or bushes, etc. All plants provided for required landscaping shall be drought-tolerant and include only non-invasive plant species.

ii.

The landscaping shall be maintained in a healthy condition with appropriate watering, pruning, weeding, fertilizing, and litter removal. Trees shall be planted in locations that maintain the required lines of sight for safe pedestrian and vehicular movement and shall not cause root damage to the sidewalk or other public infrastructure, to the satisfaction of Public Works.

iii.

Trees planted near buildings or fire lanes shall be placed in locations that do not adversely impact the Fire Department operations or response times, to the satisfaction of the Fire Department.

iv.

Trees shall be selected from the Tree Species List maintained by the Director.

v.

Landscaping equipment used for maintenance, such as lawn mowers and leaf blowers, shall be electric and non-combustion powered.

vi.

Notwithstanding Chapter 12.84 (Low Impact Development Standards) of the County Code, parcels subject to this Chapter 22.84 (Green Zone Districts) and less than one acre in size shall not be exempt from Low Impact Development requirements.

c.

Storage of Materials, Vehicles, or Equipment.

i.

Any materials, vehicles, or equipment that are stored outdoors shall not be visible beyond the surrounding wall from a line of sight from the public right-of-way or nearby sensitive use, shall be fully contained within the property boundaries, and shall not spill over onto public rights-of-way.

ii.

Stored materials shall be set back at least 10 feet from the wall or the length equal to the wall height, whichever is greater.

iii.

The area between the stored materials and the wall may be landscaped.

d.

Enclosures.

i.

Any area used for storage or handling of hazardous materials, including above-ground storage tanks, shall be within an enclosure and fully screened from the public right-of-way;

ii.

A completely enclosed building shall be provided for the following, unless another regulatory agency requires natural ventilation as part of the regulatory code:

(a)

Any area where manufacturing or repair work occurs, such as assembly or disassembly of parts, repairs, processing of materials, or operation of equipment that emits or generates dust, smoke, gas, fumes, cinder, or waste; or

(b)

Recycling processing facilities, including auto dismantling activity, and scrap metal crushing and shredding.

(1)

Auto dismantling activity, and scrap metal crushing and shredding, shall be placed furthest away from nearby sensitive uses as possible and be fully enclosed within a building.

(2)

The garage door or opening of the enclosed building for auto dismantling activity, and scrap metal crushing and shredding, shall face the opposite direction of the nearest sensitive use and may be kept open during operation for ventilation.

(3)

Ancillary operations, storage, and parking, aside from auto dismantling activity, and scrap metal crushing and shredding, may be conducted outdoors, provided that it is fully contained within the property boundaries and no storage or operation occurs on adjacent public rights-of-way or neighboring properties.

e.

Surfacing. Areas designated for vehicle parking, vehicle circulation, or storage of materials or equipment shall be paved with impervious materials such as an asphalt or an oil and aggregate mixture, use light color pavement, and be maintained to the satisfaction of the Director. Paved areas shall be clustered to maximize pervious area. Alternative paving materials may be permitted to the satisfaction of the Director and Public Works.

i.

All areas of broken concrete or asphalt, including, but not limited to, divots, cracks, potholes, and spalling of concrete or asphalt in the raw material receiving area of a recycling processing facility, or any portion of the facility where waste materials are unloaded and touch the ground outside of an enclosure, shall be patched, repaired, or repaved as necessary to prevent standing water or puddles with a surface area greater than one square foot from accumulating.

f.

Recycling and Solid Waste Storage. Any trash receptacles or storage areas for recycling and solid waste shall meet the requirements set forth in Chapter 22.132 (Storage Enclosure Requirements for Recycling and Solid Waste).

g.

Vehicular Access and On-site Circulation for Cars and Trucks. For new uses, driveway entrances and exits shall be located as far away from sensitive uses as feasible, and on-site vehicular circulation and truck loading and unloading areas, including truck loading docks, shall be located in the rear or on the side of structures, or as far away from the nearest sensitive use as feasible, to the satisfaction of the Director. Queuing and check-in points for trucks must be located on-site and furthest away from any property lines that are closest to any nearby sensitive use, when feasible. In cases of infeasibility for uses subject to a Conditional Use Permit, an additional finding must be made to justify why this may not be possible.

h.

"No Idling" Sign Required. Where loading spaces are provided, the loading area shall include at least one sign stating that vehicle idling shall be limited to five minutes. Graphics related to the vehicle idle limitation are permitted on said sign. Said sign shall be a minimum size of 12 inches wide by 18 inches in height and

shall be prominently displayed and visible from the loading spaces/area. Said sign may contain language such as "5-minute idle limit," "spare the air," "please turn off engine when stopped," or similar language.

i.

Accessory Structures and Utilities. A site that contains an outdoor operation with an office shall permanently affix the building to the ground and provide one toilet that is served by public water and sewer, or otherwise approved by the Director, as well as by Public Health and Public Works.

j.

Perimeter Identification Signs. In addition to the signs permitted by Chapter 22.114 (Signs), and notwithstanding any contrary provisions in Division 10 (Community Standards Districts) in Title 22, each facility or site shall provide a perimeter identification sign that complies with the following:

i.

A perimeter identification sign shall be permanently affixed on a building or wall that is visible, and with text that is legible from the public right-of-way for pedestrians, and no higher than eight feet from the ground measured vertically from the base of the sign. Freestanding signs or portable signs are prohibited as a perimeter identification sign.

ii.

A perimeter identification sign shall have a minimum sign area of four square feet and a maximum of nine square feet. The area for a perimeter identification sign shall not be accounted for in the area permitted for business signs specified in Chapter 22.114 (Signs).

iii.

The perimeter identification sign shall permanently display hours of operation, telephone number of the facility representative, and emergency contact information for reporting any problems which may occur related to the operation of the facility 24 hours a day, seven days a week. The sign shall also include the business name unless the property also contains a separate business sign that is clearly visible from the public right-of-way. The sign shall also include instructions for reporting violations to the Department and Air Quality Management District (AQMD), where a use is also regulated by AQMD. Information for reporting violations shall include the following text, or as updated by the Department or South Coast Air Quality Management District (SCAQMD):

(a)

"To report a violation to the Los Angeles County Department of Regional Planning, call 213-974-6453 Monday—Thursday, 7 a.m. - 6 p.m., dial 2-1-1 at any time or email zoningenforcement@planning.lacounty.gov;" and

(b)

"To report a violation to South Coast Air Quality Management District (SCAQMD), call 1-800-CUTSMOG or visit www.aqmd.gov."

iv.

Multi-tenant buildings or sites may provide one such sign containing the information for all tenants listed in Subsection C.1.iii, above, provided that each tenant has its own business identification sign that is clearly visible from the public right-of-way.

2.

New Development or Proposed Expansions to Existing, Legally- Established Uses Adjacent to or Adjoining Sensitive Uses.

a.

Building setback. A minimum of a 10-foot setback shall be provided along the property lines adjacent to or adjoining sensitive uses. Any proposed additions above the ground floor of existing, legally-established uses adjacent to or adjoining sensitive uses shall also be set back 10 feet from the nearest property line.

b.

Building height. Any new building or structures, or any portion proposed for additions, excluding chimneys, rooftop antennas, roof-mounted solar panels, or other rooftop equipment including HVAC units, air purifiers, etc., shall set back the portion of the building or structure one additional foot for every foot above 35 feet in height, up to a maximum height of 45 feet.

3.

Standards for Specific Uses. In addition to Subsection C.1 and C.2, above, the following standards shall apply to the uses listed below, unless otherwise specified.

a.

Automobile and vehicle repair shops. No open vehicle hood is permitted outside of the building.

b.

New automobile service stations or new CNG fueling stations:

i.

Are exempt from Subsection C.1, above.

ii.

Shall locate the gasoline or fuel dispensing areas at least 50 feet from the nearest sensitive uses.

c.

Warehouses. The following standards apply to new warehouses. The following standards, except for Subsection vi, below, apply to existing warehouses, and shall be met by July 14, 2027.

i.

Utilize electric or alternatively fueled sweepers with HEPA filters.

ii.

Utilize Energy Star heating, cooling, and lighting devices, and appliances.

iii.

Off-road Equipment. All off-road equipment (non-street legal), such as forklifts and other machinery, used on-site for warehouse operations shall be powered by alternative fuels, electrical batteries, or other alternative/non-diesel fuels (e.g., propane) that do not emit diesel particulate matter, and that are zero or low-emission.

iv.

Landscaping Equipment. All landscaping equipment, such as lawn mowers and leaf blowers used on-site shall be electrically powered.

v.

Zero-emission or Near-zero Emission Trucks. Warehouses with a minimum gross floor area of 100,000 square feet in a single building shall comply with AQMD Rule 2305 or current standards.

vi.

New warehouses shall have a minimum 100-foot buffer consisting of office space, employee parking, and/or landscaping between primary operation and lot lines that are closest to nearby sensitive uses.

d.

New drive-through establishments, drive-through facilities, and drive-through services. The following standards shall apply to new drive-through establishments, drive-through facilities, and drive-through services only:

i.

Compliance with the requirements set forth in Subsection C.2.a, above.

ii.

A maintenance plan shall be submitted as part of the Conditional Use Permit application, to the satisfaction of the Director, and the drive-through establishment shall comply with the maintenance plan.

iii.

The location of the drive-through area, including cashier microphone, speakers, and drive-through lane, shall be located at least 20 feet from the property line of any adjoining residentially-zoned lot, and speakers and lighted menus shall be oriented away from such lots.

iv.

Hours of operation for the drive-through area shall be no earlier than 6:00 a.m. and no later than 12:00 a.m.

v.

A buffer, which may include a six-foot solid wall, as depicted on the site plan, shall be provided to reduce noise trespass from the drive-through area to any adjoining residentially-zoned lot.

vi.

The required trash bin shall be enclosed by a decorative wall measuring at least five feet tall, but not more than six feet tall, and shall have solid doors.

D.

Modification.

1.

A modification may be requested through a Minor Conditional Use Permit (Chapter 22.160) application if the use is subject to a Minor Conditional Use Permit or Site Plan Review (Chapter 22.186), or through a Conditional Use Permit (Chapter 22.158) application if the use requires a Conditional Use Permit, for the development standards listed below:

a.

Solid walls (Subsection C.1.a.ii).

b.

Landscaping (Subsection C.1.b.i).

c.

Accessory Structures and Utilities (Subsection C.1.i).

d.

Signs (Subsection C.1.j.ii).

e.

Warehouses (Subsections C.3.c.iii, iv, v, and vi).

2.

When a modification is requested for any development standards listed in Subsection D.1, above, the following findings must be made in addition to the findings required in Subsection B (Additional Findings), above:

a.

Due to topographic or physical features of the site, strict compliance with all the required development standards would substantially and unreasonably interfere with the establishment of the proposed project or continuation of the existing operation on the subject property; and

b.

The requested modification provides alternative means to prevent adverse effects on environment and public health of the community.

E.

Performance Standards for All Permitted and Conditionally Permitted Uses Subject to This Chapter.

1.

Hours of Outdoor Operation. No outdoor operation or activities shall be conducted between 6:00 p.m. and 8:00 a.m., daily, with the exception of truck loading and unloading into an enclosed building only.

2.

Storage of Materials and Waste. All materials or waste shall be stored in designated receptacles, bins, or pallets, and located on a paved impermeable surface on site, or within an enclosed building.

3.

Site Maintenance. Other than for the collection or receipt of items related to the principal use, exterior areas of the premises shall be maintained free of garbage, trash, debris, or junk and salvage except as stored in designated trash collection containers and enclosures.

F.

Fees. When a Conditional Use Permit (Chapter 22.158) is required, fees may be assessed to offset the costs associated with the project mitigation, enforcement activities, operational impact mitigation studies, community benefit programs, and other costs related to the Project's impacts on the surrounding communities.

(Ord. 2024-0028 § 8, 2024; Ord. 2022-0023 § 25, 2022.)

22.84.050 - Schedule for Compliance for Existing, Legally-Established Uses.

A.

Except as specified otherwise, existing, legally-established uses that are not listed in Section 22.84.030 (Prohibited Uses) shall be brought into compliance with all applicable requirements of this Chapter according to the schedule identified in Table 22.84.050-A, below. The number of years to comply shall be accounted from July 14, 2022. Requests to further delay the required permit attainment or improvements in accordance with all applicable development or performance standards shall not be accepted.

TABLE 22.84.050-A: SCHEDULE FOR COMPLIANCE FOR EXISTING, LEGALLY-ESTABLISHED USES UP TO 500 FEET FROM A SENSITIVE USE[1]

1.

Existing uses that are entirely or partially within a 100-foot radius of a lot containing a sensitive use in a permitted zone and:

a.

Subject to a Ministerial Site Plan (Chapter 22.186), pursuant to this Chapter for the requirements specified in Subsection C.1.b (Landscaping on Street Frontage) or C.1.j (Perimeter Identification Signs) of Section 22.84.040, only and no other improvements required, three years;

b.

Subject to a Ministerial Site Plan (Chapter 22.186), pursuant to this Chapter for any one or combination of the requirements specified in Subsections C.1.a through C.1.j of Section 22.84.040, except Subsection C.1.b (Landscaping on Street Frontage) or C.1.j (Perimeter Identification Signs) alone or in combination, and except for Subsection C.1.d (Enclosures), five years;

c.

Subject to a Ministerial Site Plan (Chapter 22.186), pursuant to this Chapter for the requirements specified in Subsection C.3.c (Warehouses) of Section 22.84.040, five years;

d.

Subject to a Ministerial Site Plan (Chapter 22.186), pursuant to this Chapter for the requirements specified in Subsection C.1.d (Enclosures) only, or Subsection C.1.d along with any other requirements of Section 22.84.040, seven years;

e.

Subject to a Conditional Use Permit (Chapter 22.158), pursuant to this Chapter for the requirements specified in Subsections C.1.a (Solid Walls), C.1.b (Landscaping on Street Frontage), C.1.j (Perimeter Identification Signs), or C.3.c (Warehouses) only, of Section 22.84.040, five years; or

f.

Subject to a Conditional Use Permit (Chapter 22.158), pursuant to this Chapter for all other requirements, seven years.

2.

Existing uses that are entirely or partially located between a 101-foot radius and a 500-foot radius of any lot containing a sensitive use and:

a.

Subject to a Ministerial Site Plan (Chapter 22.186), pursuant to this Chapter for the requirements specified in Subsections C.1.a through C.1.j, except for C.1.d (Enclosures) or subject to Subsection C.3.c (Warehouses) of Section 22.84.040, five years;

b.

Subject to a Ministerial Site Plan (Chapter 22.186), pursuant to this Chapter for the requirements specified in Subsection C.1.d (Enclosures) along with or without any other requirements of Section 22.84.040, seven years; or

c.

Subject to a Conditional Use Permit (Chapter 22.158), pursuant to this Chapter, seven years. Uses that are subject to a Conditional Use Permit, pursuant to this Chapter shall be brought into full compliance with all applicable requirements of this Chapter, no later than July 14, 2029, or cease operations.

3.

Compliance shall be defined solely for this Chapter as the required permit is attained, the required improvements are constructed or installed, or the site is maintained and operated in accordance with all applicable development or performance standards of this Chapter within the timeframe identified in Table 22.84.050-A, above. For properties subject to multiple compliance years for improvements, the longest timeline shall apply to all improvements, including compliance with all applicable performance standards.

B.

Notwithstanding any contrary provisions in this Section, if an existing use not listed in Section 22.84.030 (Prohibited Uses) was established by a discretionary permit valid on or after July 14, 2022:

1.

If the discretionary permit contains a grant term, full compliance with all applicable development or performance standards of this Chapter, including any site improvements, shall be required at the end of the grant term when renewal of the permit or a new discretionary permit is required; or

2.

If the discretionary permit does not contain a grant term, full compliance with all applicable development or performance standards of this Chapter, including any site improvements, shall be required by July 14, 2042, when renewal of the permit or a new discretionary permit is required.

C.

Nonconforming Uses.

1.

Time Limits.

a.

Nonconforming uses pursuant to Section 22.84.030 (Prohibited Uses) shall be subject to the time limits in Section 22.172.050.B.3 (Green Zone).

b.

If a use listed in Subsections A.1, A.2, or A.3 of Section 22.84.020 is nonconforming due to the prohibition in the basic zone, the use shall be subject to the time limits in Section 22.172.050.B.3 (Green Zone), even if it is not prohibited, pursuant to Section 22.84.030 (Prohibited Uses).

2.

Maintenance and Operation. Nonconforming uses described in Subsection C.1, above, shall be maintained and operated pursuant to Section 22.172.020.I (Maintenance and Operation of Nonconforming Uses in Green Zone).

(Ord. 2024-0028 § 8, 2024; Ord. 2022-0023 § 25, 2022.)

Division 5 - SPECIAL MANAGEMENT AREAS Chapter 22.102 - SIGNIFICANT ECOLOGICAL AREAS