§ 92.17

• A. The "M-l" service/manufacturing zone is intended to provide for the development of service industries for commercial and hotel uses and for industrial uses which include fabrication, manufacturing, assembly or processing of materials that are in already processed form and which do not in their maintenance, assembly, manufacture or plant operation create smoke, gas, odor, dust, sound, vibration, soot, glare or lighting to any degree which might be obnoxious or offensive to persons residing in or conducting business in either this or any other zone.

• B. No industrial use shall be permitted which, by the nature of its development or operation, will in any way adversely affect the resort-residential environment of the city.

• (Ord. 1294, 1988; Ord. 1653, 2004)

• A. Uses Permitted.

Buildings, structures, and land shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.17.03.

1. All uses permitted in the "C-l", "C-2", "C-M" and "M-1-P" zones, Sections 92.12.01, 92.14.01, 92.15.01 and 92.16.01, unless otherwise regulated herein;

2. Agricultural greenhouses;

3. Adult oriented business subject to Chapter 5.77 of the Palm Springs Municipal Code;

4. Animal day care;

5. Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

6. Fabrication.

   • a. Assembly of plastic items made from finished plastic,

   • b. Assembly of small electrical and electronic equipment,

   • c. Rubber, fabrication of products made from finished rubber;

7. Manufacturing.

   • a. Automotive.

     • i. Automotive repair and reconditioning,

     • ii. Painting,

     • iii. Tire shop, including electrical recapping,

     • iv. Truck repairing and overhauling,

     • v. Upholstering;

   • b. Boat building and repairs;

   • c. Bottling plant;

   • d. Ceramic products using only previously pulverized clay and fired in kilns only using electricity or gas;

   • e. Garment manufacturing;

   • f. Lumber yard (including incidental millwork but not including planing mill);

   • g. Machinery and shop:

     • i. Blacksmith and forging shop,

     • ii. Cabinet or carpenter shop,

     • iii. Electric motor rebuilding,

     • iv. Machine shop,

     • v. Sheet metal shop,

     • vi. Welding shop,

     • vii. Painting and powder coating;

   • h. Manufacturing, compounding, processing, packaging or treatment of such products as:

     • i. Bakery goods,

   • ii. Candy,

   • iii. Cosmetics,

   • iv. Drugs,

   • v. Food products (excluding fish and meat products, sauerkraut, wine, vinegar, yeast and the rendering of fats and oil) if connected with an adequate sewer system,

   • vi. Fruit and vegetables (packing only),

   • vii. Honey extraction plant,

   • viii. Perfume,

   • ix. Toiletries;

• i. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared materials:

  • i. Canvas,

  • ii. Cellophane,

  • iii. Cloth,

  • iv. Cork,

  • v. Felt,

  • vi. Fiber,

  • vii. Fur, viii. Glass,

  • ix. Leather,

  • x. Paper, no milling,

  • xi. Plaster,

  • xii. Plastic,

  • xiii. Precious or semi-precious stones or metals,

  • xiv. Shells,

xv. Textiles, xvi. Tobacco, xvii. Wood, xviii. Yarns;

• j. Manufacturing and maintenance of electric or neon signs;

• k. Novelties;

• l. Rubber and metal stamps;

• m. Shoes;

• n. Textiles;

  8. The MCCC, subject to the property development standards contained in Section 93.23.15 of this Code and compliance with the provisions of Chapter 5.35 of this Code;

  9. Cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code;

10. Mortuary;

11. Movie, television and radio production and broadcast facilities;

12. Public utility service yards;

13. Services.

  - a. Auction houses, subject to Municipal Code Chapter **5.04** ; 

  - b. Automobile and truck (new) sales agencies; used vehicle sales shall be permitted only in conjunction with new vehicle sales and shall consist of not more than 50% of the vehicles displayed; 

  - c. Auto parts and accessories, retail, and installation of same; 

  - d. Bicycle sales, display and service; 

  - e. Builder's supply; 

  - f. Caretaker's residence (1,000 square feet maximum), as an accessory use; 

  - g. Ice and cold storage plant; 

  - h. Laundromats; 

  - i. Motorscooter, motorbike and motorcycle sales and display; 

14. Transportation terminals (Deleted by Ord. 1726;

15. Wholesaling and warehousing, including mini-warehousing/storage.

• B. Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in this zone, as provided in Section 94.01.00. All uses shall be subject to the property development standards in Section 92.17.03.

• C. Uses Permitted by Land Use Permit.

  1. Uses permitted by land use permit in the M-1-P zone, Section 92.16.01(C);

  2. Automobile rental agencies;

  3. Classic auto sales;

  4. Motorcycle rental;

  5. Restaurants;

  6. Thrift shops operated by charitable organizations;

  7. Tire recycling (interior) as an accessory to a permitted main auto use;

  8. Vehicle impound yards and towing services.

• D. Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00.

1. Adult entertainment (Deleted by Ord. 1511);

2. Ambulance services, and accessory uses customarily incident to the permitted use, provided that the site is located no closer than 500 feet from residentially zoned property;

3. Animal, hospitals and kennels;

4. Automobile rental agency fleet sales;

5. Automobile service stations;

6. Bail bond offices; provided, such facility is located no closer than 300 feet to a residential zone or to a church or mortuary at the time of their establishment;

7. Car wash;

8. Check cashing facilities; provided, such facility is located no closer than 300 feet to a residential zone or to a church or mortuary at the time of their establishment;

9. Chemical plating shop;

10. Drive-in theater;

11. Drive-through and drive-in facilities;

12. Heavy equipment storage and rental;

13. Junk yards and auto wrecking yards;

14. Manufacturing, processing, fabrication, and service uses, wholesaling and warehousing other than of uses as listed above in Section 92.17.01(A), subject to the property development standards and performance standards in Section 92.17.03 with such modifications as the commission and council deem necessary;

15. Cannabis manufacturing facility, Type N and Type P State-licensed facilities only, subject to the development standards contained in Section 93.23.15 of this Code;

16. Cannabis testing facility, subject to the development standards contained in Section 93.23.15 of this Code;

17. Micro-brewery;

18. Nightclubs/cocktail lounges as a primary use; provided that, at the time of their establishment, such facilities are not located closer than 300 feet to a residential zone or to a church or mortuary;

19. Pawn brokers, provided such facility is located no closer than 300 feet to a residential zone or church or to a church or mortuary at the time of their establishment;

20. Planing mill;

21. Recycling/salvage center;

22. Retail uses not otherwise regulated;

23. Truck and general freight terminals;

24. Transportation terminals.

(Ord. 1294, 1988; Ord. 1324, 1989; Ord. 1347, 1990; Ord. 1366, 1991; Ord. 1418, 1992; Ord. 1500, 1995; Ord. 1502, 1995; Ord. 1511, 1995; Ord. 1533, 1998; Ord. 1653, 2004; Ord. 1726 §§ 3, 5, 2008; Ord. 1758 § 3, 2009; Ord. 1845 § 10, 2014; Ord. 1876 § 6, 2015; Ord. 1908 §§ 1, 2, 2016; Ord. 1943 §§ 12—14, 2017; Ord. 1977 § 15, 2019; Ord. 2007 §§ 20—23, 2019; Ord. 2020 § 37, 2020; Ord. 2041 § 20, 2021)

The following uses are expressly prohibited in the "M-l" zone, and shall not be permitted by commission determination or by conditional use permit.

• A. Residential uses, other than for a caretaker, as specifically permitted;

• B. The following manufacturing uses:

  1. Abrasives,

  2. Asphalt batching plant,

  3. Bone black plant,

  4. Carbon black and lamp black plant,

  5. Charcoal manufacturing plant,

  6. Chemical plant (heavy or industrial),

  7. Coal and coke plant,

  8. Detergents, soaps and by-products using animal fat,

  9. Fertilizers of all types,

  10. Gas manufacturing plant,

  11. Glue and sizing manufacturing plant,

  12. Graphite manufacturing plant,

  13. Gypsum and other forms of plaster base manufacturing,

  14. Insulation manufacturing plant (flammable types),

  15. Match manufacturing plant,

  16. Metal extraction and smelting plant,

  17. Metal ingots, pigs, casting or rolling mill,

  18. Paper pulp and cellulose manufacturing plant,

  19. Paraffin manufacturing plant,

  20. Petroleum and petroleum products plant,

  21. Portland and similar cement manufacturing plant,

  22. Rock crushing plant,

  23. Serum, toxin and virus manufacturing laboratory,

  24. Sugar and starch manufacturing plant,

25. Tannery plant,

26. Turpentine manufacturing plant,

27. Wax and wax products manufacturing plant,

28. Wool pulling or scouring plant;

• C. The following processing uses:

  1. Animal by-products processing,

  2. Carbon black and lamp black refining,

  3. Chemical (heavy or industrial),

  4. Coal and coke processing,

  5. Detergents and soap processing,

  6. Dog and cat food processing,

  7. Fertilizers of all types,

  8. Fish and fish by-products,

  9. Fruit by-products,

  10. Grain milling and sacking,

  11. Paper milling,

  12. Petroleum and petroleum products processing or refining,

  13. Potash works,

  14. Printing ink processing,

  15. Radium or uranium extraction,

  16. Rubber reclaiming or processing,

  17. Salt works,

  18. Smelting works,

  19. Soap works,

  20. Sulfuric acid processing or bottling,

  21. Tar or asphaltic roofing processing,

  22. Vinegar processing or refining,

  23. Volatile or poisonous gas storage or processing,

  24. Wood and lumber kilns for industrial kiln-drying,

25. Wood preserving by creosoting or other pressure impregnation of wood by preservations. (Ord. 1294, 1988; Ord. 1653, 2004)

The following property development standards shall apply to all land and buildings in the M-1 zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

These standards may be altered where a specific development plan is approved under a planned development or a conditional use permit or otherwise approved master plan of development where the development meets the intent of this Zoning Code.

• A. Lot Area.

Except where lot sizes are otherwise established by an approved master plan, each lot shall have a minimum area of 20,000 square feet, except that lots which abut a major or secondary thoroughfare shall have a minimum area of 40,000 square feet.

• B. Lot Dimensions.

  1. Width.

Each lot shall have a minimum width of 150 feet, except that lots which abut a major or secondary thoroughfare shall have a minimum width of 200 feet.

2. Depth.

Each lot shall have a minimum depth of 100 feet, except that lots which abut a major or secondary thoroughfare shall have a minimum depth of 200 feet.

• C. Building Height.

  1. Buildings and structures shall have a height not greater than 40 feet; provided that, any portion of buildings in excess of 30 feet are: (a) located on a parcel of not less than one acre in size; and (b) set back one foot from any property line for every one foot of vertical rise. Buildings which exceed 40 feet in height may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00.

  2. Exceptions.

Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply.

• D. Yards.

  1. General Provisions.

     • a. The provisions of Section 93.01.00 shall apply.

     • b. The following provisions shall apply to lots which front on private, as well as public, streets.

  2. Front Yard.

No building shall be erected closer than 25 feet from the front property line. Parking bays, on local or collector streets only, shall be permitted within the front yard or street side yard; provided, the entire parking bay is located on private property. Not less than 25% of such yard shall be landscaped and maintained.

3. Yard—Transition.

Where a nonresidential lot abuts the boundary line of a residential zone, the side or rear yard which is adjacent to the residential zone shall have a minimum width or depth of 20 feet regardless of any other provisions of this Zoning Code.

• a. Industrial establishments in the M-1 zone, abutting a street which is a residential zone boundary, shall establish and maintain a landscaping screen not less than 25 feet wide.

  • b. Where M-1 industrial property abuts residential property there shall be a six foot masonry wall on the property line with the 10 feet nearest the wall in a landscaping screen.

  • c. Where a six foot masonry wall exists on the residential property line or within one foot of such property line, the required six foot masonry wall may be waived; however, the required 10 foot landscaping screen shall be installed and maintained.

• d. Where the M-1 zone abuts an alley, no building shall be erected less than 25 feet from the side of the alley opposite the subject property.

• E. Walls and Landscaping.

Walls and landscaping shall be installed as required in Section 93.02.00 or as stated in Section 92.17.03(D). All walls shall be constructed of solid masonry materials.

1. Exception.

Walls shall not exceed eight feet in height in any interior side or rear yard. Walls not to exceed eight feet in height may encroach into any front yard not more than five feet.

• F. Coverage.

Lot area coverage by buildings or structures shall not exceed 60 of the total lot area.

• G. Access.

The provisions of Section 93.05.00 shall apply.

• H. Off-street Parking.

The provisions of Section 93.06.00 shall apply.

• I. Off-street Loading and Trash Areas.

  1. The provisions of Section 93.07.00 shall apply.

  2. Loading docks which are located within 150 feet of a residential zone boundary shall be screened from view from the residential area.

• J. Signs.

The provisions of Section 93.20.00 shall apply.

• K. Outdoor Storage and Waste Disposal.

  1. Outdoor storage and activities associated with permitted uses shall be entirely enclosed by solid masonry walls to adequately screen view of outdoor storage and/or equipment from the external boundaries of the property. Items shall not be stacked or stored higher than wall. All enclosures and stored materials must comply with fire department requirements for access and fire protection.

  2. No materials or wastes shall be deposited or stored in such form or manner that they may be transferred off the lot by normally-occurring natural causes or forces. Wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosures.

• L. Antennas.

The provisions of Section 93.08.00 shall apply.

• M. Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1418, 1992; Ord. 1553, 1998)

The uses established or placed into operation after the effective date of this Zoning Code, shall comply at all times hereafter with the following limitations or performance standards.

• A. Fire and Explosion Hazards.

  1. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in industry. All incineration is prohibited; or

  2. The storage and handling of flammable liquids, liquefied petroleum, gases and explosives shall comply with the state rules and regulations. Bulk storage of flammable liquids, liquid petroleum, gases and explosives above ground shall be unlawful, except gasoline and lubricating fuel oil. Storage below ground shall be permitted; provided, all tanks shall be located not closer to any property line than the greatest depth of the bottom of the buried tank. All incineration is prohibited.

• B. Radioactivity or Electrical Disturbance.

Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Radio-frequency energy is electromagnetic energy at any frequency in the radio spectrum between 10 kilocycles and three million (3,000,000) megacycles.

• C. Noise.

The provisions of Chapter 11.74 of the Municipal Code shall apply.

• D. Vibration.

Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located.

• E. Emission of Smoke, Dust, Heat and Glare.

Every use shall be so operated that it does not emit smoke, dust, heat or glare in such quantities or degree as to be readily detectable on any boundary line of the lot on which the use is located.

• F. Emission of Odors/Gas.

  1. Odor.

The emission of obnoxious odors of any kind shall not be permitted.

2. Gas.

No gas shall be emitted which is deleterious to the public health, safety or general welfare. (Ord. 1294, 1988; Ord. 1553, 1998)

All properties shall be subject to property maintenance standards established in Section 93.19.00. (Ord. 1294, 1988)

The "M-2" manufacturing zone is intended to provide for the development of warehouse and distribution centers, and industrial uses which include fabrication, manufacturing, assembly or processing which do not in their maintenance, assembly, manufacture or plant operation create byproducts which will adversely affect the resort-open space environment of the city. (Ord. 2056 § 2, 2022)

• A. Uses Permitted.

Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.17.1.03.

1. All uses permitted in the "C-1," "C-2," "C-M," "M-l-P" and "M-1" zones, Sections 92.12.01, 92.14.01, 92.15.01, 92.16.01 and 92.17.01, unless otherwise regulated herein.

2. Adult oriented business.

3. Animal day care;

4. Animal hospitals, including kennels;

5. Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

6. Fabrication.

   • a. Manufactured housing and mobilehomes;

   • b. Cans and containers;

   • c. Cutlery, tableware, hand tools and hardware;

   • d. Wrought iron;

   • e. Fencing;

   • f. Metal buildings;

   • g. Ordinance and firearms, not including explosive;

   • h. Vehicles, aircraft, boats and parts;

   • i. Railroad equipment;

   • j. Motorcycles, bicycles and parts;

   • k. Travel trailers and recreational vehicles.

7. Manufacturing.

   • a. Manufacturing, compounding, processing, packaging or treatment of such products as:

     • i. Meat and poultry products (if connected to an adequate sewer system),

     • ii. Nonalcoholic beverages,

     • iii. Leather, including tanning and finishing,

       • iv. Glassware,

       • v. Concrete, gypsum, plaster and mineral products;

     • b. Knitting, floor covering, and yarn and thread mills;

     • c. Saw and planing mills;

     • d. Paper and paperboard mills;

     • e. Agricultural chemicals, not including pesticides and fertilizers;

     • f. Stone cutting and related activities;

     • g. Glass blowing, pressing and cutting;

     • h. Machinery and shop:

       • i. Engines, turbines and parts,

       • ii. Farm, garden construction and industrial machinery, iii. Lighting and wiring.

   8. Cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code;

   9. Services.

      • a. Equipment sales, rental and storage;

      • b. Trailer and boat storage;

      • c. Auction houses, subject to Municipal Code Chapter 5.04 ;

      • d. Caretaker's residence (1,000 square feet maximum), as an accessory use.

   10. Emergency Shelters. Emergency Shelters are defined as housing for homeless persons for interim occupancy intended for a period of less than 6 months whereby no person is denied occupancy because of an inability to pay rent.

   11. Wholesale, warehouse, distribution, fulfillment, and import/export centers.

• B. Similar Uses Permitted by Commission Determination.

The commission may, by resolution, permit any other uses which it may determine to be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in this zone, as provided in Section 94.01.00. All uses shall be subject to the property development standards in Section 92.17.1.03.

• C. Uses Permitted by Land Use Permit.

  1. Uses permitted by land use permit in the "M-l-P" and "M-l" zones, Sections 92.16.01(C), and 92.17.01(C), unless otherwise permitted;

  2. Operations and facilities providing tours of alternative energy facilities.

• D. Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

1. Uses permitted by conditional use permit in the "M-l-P" and "M-1" zones, Sections 92.16.01(D), and 92.17.01(D), unless otherwise permitted;

2. Acid and abrasives manufacturing;

3. Ambulance services, and accessory uses customarily incident to the permitted use; provided that, the site is located at least 500 feet from any property zoned residential;

4. Bail bond offices;

5. Brewery, distillery or winery;

6. Check cashing facilities;

7. Concrete batch plants and asphalt plants;

8. Disposal service operations;

9. Energy Uses.

   • a. Solar energy facility,

   • b. Wind energy conversion systems (WECS), subject to the requirements and standards contained in Section 94.02.00(H)(8),

   • c. Cogeneration facilities,

   • d. Natural gas powered electric generation plants that do no exceed 200 megawatts in size;

10. Fertilizer production, organic or inorganic;

11. Heavy equipment storage and rental;

12. Kennels;

13. Meat packing plants, not including slaughtering or rendering of animals;

14. Cannabis cultivation facility, subject to the development standards contained in Section 93.23.15 of this Code;

15. Cannabis manufacturing facility, subject to the development standards contained in Section 93.23.15 of this Code;

16. Cannabis testing facility, subject to the development standards contained in Section 93.23.15 of this Code;

17. Paints and varnishes manufacturing and incidental storage;

18. Paper storage and recycling, not within a building;

19. Pawn brokers;

20. Petroleum and bulk fuel storage, above ground;

21. Poultry and egg processing;

22. Natural gas storage, above ground;

23. Nightclubs/cocktail lounges as a primary use;

24. Recycling of wood, metal and construction wastes. (Ord. 1447, 1993; Ord. 1500, 1995; Ord. 1502, 1995; Ord. 1511, 1995; Ord. 1553, 1998; Ord. 1595 § 1, 2001; Ord. 1697 § 2, 2006; Ord. 1758 § 4, 2009; Ord. 1845 § 11, 2014; Ord. 1868 § 1, 2015; Ord.

1876 § 7, 2015; Ord. 1908 §§ 1, 2, 2016; Ord. 1943 §§ 15—17, 2017; Ord. 2004 § 2, 2019; Ord. 2007 §§ 24—26, 2019; Ord. 2041 §§ 21, 22, 2021; Ord. 2056 § 3, 2022)

The following uses are expressly prohibited in the "M-2" zone, and shall not be permitted by Commission determination or by conditional use permit.

• A. Residential uses, other than for a caretaker as specifically permitted.

• B. The following manufacturing uses:

  1. Bone black plant;

  2. Carbon black and lamp black plant;

  3. Charcoal manufacturing plant;

  4. Chemical plant (except for agricultural products);

  5. Coal and coke plant;

  6. Detergents, soaps and by-products using animal fat;

  7. Gas manufacturing plant;

  8. Glue manufacturing plant;

  9. Graphite manufacturing plant;

  10. Insulation manufacturing plant;

  11. Insulation manufacturing plant (flammable types);

  12. Metal extraction and smelting plant;

  13. Metal ingots, pigs, casting or rolling mill;

  14. Paraffin manufacturing plant;

  15. Petroleum and petroleum products plant;

  16. Serum, toxin and virus manufacturing laboratory;

  17. Sugar and starch manufacturing plant;

  18. Turpentine manufacturing plant;

  19. Wax and wax products manufacturing plant;

  20. Wool pulling or scouring plant.

• C. The following processing uses:

  1. Animal by-products processing;

  2. Carbon black and lamp black refining;

  3. Chemical (except agricultural);

  4. Coal and coke processing;

  5. Detergents and soap processing;

6. Dog and cat food processing;

7. Fish by-products;

8. Fruit by-products;

9. Grain milling and sacking;

10. Petroleum and petroleum products processing or refining;

11. Potash works;

12. Printing ink processing;

13. Radium or uranium extraction;

14. Rubber reclaiming or processing;

15. Salt works;

16. Smelting works;

17. Soap works;

18. Sulfuric acid processing or bottling;

19. Vinegar processing or refining;

20. Volatile or poisonous gas storage or processing;

21. Wood and lumber kilns for industrial kiln-drying;

22. Wood preserving by creosote or other pressure impregnation of wood by preservations. (Ord. 1447, 1993)

The following property development standards shall apply to all land and buildings in the M-2 zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

These standards may be altered where a specific development plan is approved under a planned development or a conditional use permit or otherwise approved master plan of development where the development meets the intent of this Zoning Code.

• A. Lot Area.

Except where lot sizes are otherwise established by an approved master plan, each lot shall have a minimum area of 20,000 square feet, except that lots which abut a major or secondary thoroughfare shall have a minimum area of 40,000 square feet.

• B. Lot Dimensions.

  1. Width.

Each lot shall have a minimum width of 150 feet, except that lots which abut a major or secondary thoroughfare shall have a minimum width of 200 feet.

2. Depth.

Each lot shall have a minimum depth of 100 feet, except that lots which abut a major or secondary thoroughfare shall have a minimum depth of 200 feet.

• C. Building Height.

  1. Buildings and structures shall have a height not greater than 30 feet. Buildings taller than 30 feet may be permitted pursuant to Section C(2) below.

  2. Exceptions.

     • a. Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply.

     • b. Buildings of up to 60 feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than one acre in size; and (2) the building or any portion thereof is set back one foot from any property line for every one foot of vertical height.

     • c. Buildings of up to 95 feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than five acres in size; and (2) the building or any portion thereof is set back one foot from any property line for every one foot of vertical height.

     • d. Any buildings over 40 feet in height shall only be permitted within the area bounded by 18th Avenue on the north, Indian Canyon Drive on the east, 19th Avenue on the south, and the western boundary of the zone district on the west.

     • e. The provisions of Section 93.04.00 shall not apply to buildings in the M-2 (Manufacturing) zone.

D. Yards.

1. General Provisions.

   • a. The provisions of Section 93.01.00 shall apply.

   • b. The following provisions shall apply to lots which front on private, as well as public, streets.

2. Front Yard.

No building shall be erected closer than 25 feet from the front property line. Parking bays, on local or collector streets only, shall be permitted within the front yard or street side yard; provided, the entire parking bay is located on private property. Not less than 15% of such yard shall be landscaped and maintained.

3. Yard—Transition.

Where a nonresidential lot abuts the boundary line of a residential zone, the side or rear yard which is adjacent to the residential zone shall have a minimum width or depth of 20 feet regardless of any other provisions of this Zoning Code.

• a. Industrial establishments in the M-2 Zone, abutting a street which is a residential zone boundary, shall establish and maintain a landscaping screen not less than 25 feet wide.

• b. Where M-2 industrial property abuts residential property there shall be a six foot masonry wall on the property line with the 10 feet nearest the wall in a landscaping screen.

• c. Where a six foot masonry wall exists on the residential property line or within one foot of such property line, the required six foot masonry wall may be waived; however, the required 10 foot landscaping screen shall be installed and maintained.

• d. Where the M-2 zone abuts an alley, no building shall be erected less than 25 feet from the side of the alley opposite the subject property.

• E. Walls, Fences and Landscaping.

Walls, fences and landscaping shall be installed as required in Section 93.02.00 or as stated in Section 92.17.1.03(D). All walls shall be constructed of solid masonry materials.

1. Exception.

Walls shall not exceed eight feet in height in any interior side or rear yard. Walls not to exceed eight feet in height may encroach into any front yard not more than five feet.

• F. Coverage.

Lot area coverage by buildings or structures shall not exceed 60% of the total lot area.

• G. Access.

The provisions of Section 93.05.00 shall apply.

• H. Off-street Parking.

The provisions of Section 93.06.00 shall apply.

• I. Off-street Loading and Trash Areas.

  1. The provisions of Section 93.07.00 shall apply.

  2. Loading docks which are located within 150 feet of a residential zone boundary shall be screened from view from the residential area.

• J. Signs.

The provisions of Section 93.20.00 shall apply.

• K. Outdoor Storage and Waste Disposal.

  1. Outdoor storage and activities associated with permitted uses shall be adequately screened from view from any public street or abutting residential property by a solid masonry wall. Such wall shall return along any interior side property line which is perpendicular to such public street or residential property for a distance of not less than 25 feet. Other fencing may be of chain link, or other open style, if the entire length of such fence is landscaped so to screen the storage area from view. Such landscaping shall be allowed to grow to eight feet in height and shall be adequately maintained and irrigated. Items shall not be stacked or stored higher than the wall if located within 25 feet from any public street or residential property. All enclosures and stored materials must comply with fire department regulations for access and fire protection.

to screen the storage area from view. Such landscaping shall be allowed to grow to eight feet in height and shall be adequately maintained and irrigated. Items shall not be stacked or stored higher than the wall if located within 25 feet from any public street or residential property. All enclosures and stored materials must comply with fire department regulations for access and fire protection.

2. No materials or wastes shall be deposited or stored in such form or manner that they may be transferred off the lot by normally-occurring natural causes or forces. Wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosures.

• L. Antennas.

The provisions of Section 93.08.00 shall apply.

• M. Public Art.

The provisions of Section 93.11.00 shall apply. (Ord. 1447, 1993; Ord. 1536, 1996; Ord. 1553, 1998; Ord. 2056 §§ 4, 5, 2022)

• A. Fire and Explosion Hazards.

  1. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in the industry. All incineration is prohibited; or

  2. The storage and handling of flammable liquids, liquefied petroleum, gases and explosives shall comply with the state rules and regulations. Bulk storage of flammable liquids, liquid petroleum, gases and explosives above ground shall be unlawful, except gasoline and lubricating fuel oil. Storage below ground shall be permitted; provided, all tanks shall be located not closer to any property line than the greatest depth of the bottom of the buried tank. All incineration is prohibited.

• B. Radioactivity or Electrical Disturbance.

Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Radio-frequency energy is electromagnetic energy at any frequency in the radio spectrum between 10 kilocycles and three million (3,000,000) megacycles.

• C. Noise.

The provisions of Chapter 11.74 of the Municipal Code shall apply.

• D. Vibration.

Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located.

• E. Emission of Smoke, Dust, Heat and Glare.

Every use shall be so operated that it does not emit smoke, dust, heat or glare in such quantities or degree as to be readily detectable on any boundary line of the lot on which the use is located.

• F. Emission of Odors/Gas.

  1. Odor.

The emission of obnoxious odors of any kind shall not be remitted.

2. Gas.

No gas shall be emitted which is deleterious to the public health, safety or general welfare. (Ord. 1447, 1993)

All properties shall be subject to property maintenance standards established in Section 93.19.00. (Ord. 1447, 1993)

The "E-I" energy industrial zone is intended to provide areas for alternative energy development, industrial development, and cultivation uses. By virtue of strong prevailing winds, the E-I zone is ideally suited for large-scale development of wind energy facilities. Additionally, due to the E-I zone's location north of Interstate 10 and isolation from the resort areas of the city, land in the E-I zone is

ideally suited for manufacturing, assembly, cultivation and distribution of products and fulfillment activities, all of which are compatible with the goal of enhancing the city's eco-nomic base. No industrial use shall be permitted, which by the nature of its development or operation, will adversely affect the resort environment of the city.

(Ord. 2056 § 6, 2022)

• A. Uses Permitted.

Building, structures and land shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.17.2.03.

1. Accessory uses to permitted uses; provided, such uses are established on the same parcel as, and do not substantially alter the character of, the principal use:

   • a. Storage of trucks and other vehicles,

   • b. Storage of materials and machinery,

   • c. Offices and maintenance shop structures,

   • d. Caretaker's residence 2,000 square feet maximum,

   • e. Meteorological towers under 200 feet in height;

2. Fabrication.

   • a. Manufactured housing and mobilehomes,

   • b. Cans and containers,

   • c. Cutlery, tableware, hand tools and hardware,

   • d. Wrought iron,

   • e. Fencing,

   • f. Metal buildings,

   • g. Ordinance and firearms, not including explosives,

   • h. Vehicles, aircraft, boats, parts and repairs,

   • i. Railroad equipment,

   • j. Motorcycles, bicycles and parts,

   • k. Travel trailers and recreational vehicles;

3. Manufacturing.

   • a. Agricultural chemicals, not including pesticides and fertilizers,

   • b. Bakeries,

   • c. Bottling plants,

   • d. Ceramic products using only previously pulverized clay and fired in kilns using only electricity or gas,

• e. Electronics (electrical and related parts, electrical appliances, electrical devices, motors, and radio, television and phonograph),

• f. Furniture upholstering,

• g. Garment manufacturing,

• h. Glass blowing, pressing and cutting,

• i. Instruments (electronic, medical and dental tools, precision, and timing and measuring),

• j. Knitting, floor covering, and yarn and thread mills,

• k. Laboratories (dental, electrical, optical, mechanical and medical),

• l. Lumber yard (including incidental millwork but not including planing mill),

• m. Machinery and Shop.

  • i. Blacksmith and forging shop,

  • ii. Cabinet or carpenter shop,

  • iii. Electric motor rebuilding,

  • iv. Engines, turbines and parts,

  • v. Farm, garden construction and industrial machinery,

  • vi. Lighting and wiring,

  • vii. Machine shop,

  • viii. Sheet metal shop,

  • ix. Welding shop,

  • x. Painting and powder coating,

• n. Manufacturing (compounding, processing, packaging or treatment of such products as):

  • i. Bakery goods,

  • ii. Candy,

  • iii. Concrete, gypsum, plaster and mineral products,

  • iv. Cosmetics,

  • v. Drugs,

  • vi. Food products,

  • vii. Fruit and vegetables (packing only), viii. Glassware,

  • ix. Honey extraction plant,

  • x. Leather,

  • xi. Nonalcoholic beverages,

• o. Manufacture and maintenance of electrical and neon signs,

• p. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously-prepared materials:

  • i. Canvas,

  • ii. Cellophane,

  • iii. Cloth,

  • iv. Cork,

  • v. Felt, vi. Fiber, vii. Fur, viii. Glass, ix. Leather,

  • x. Metals,

  • xi. Paper (no milling),

  • xii. Plaster,

• xiii. Plastic,

  • xiv. Precious or semiprecious stones or metals,

xv. Rubber, xvi. Shells, xvii. Textiles, xviii. Tobacco, xix. Wood, xx. Yarns,

• q. Novelties and holiday paraphernalia,

• r. Office and related machinery (audio and visual machinery, computers),

• s. Paper and paperboard mills,

• t. Pharmaceutics (cosmetics, drugs, perfumes, soap and toiletries),

• u. Rubber and metal stamps,

• v. Shoes,

• w. Stone cutting and related activities,

• x. Textiles;

4. Processing.

   • a. Carpet and rug cleaning,

     • b. Cleaning and dyeing,

     • c. Laundry;

   5. Services.

      • a. Governmental facilities,

      • b. Newspaper publishing,

      • c. Ice and cold storage plant,

      • d. Offices (business, professional and research),

      • e. Printing, lithographing, publishing,

      • f. Public utility service yards,

      • g. Radio and television broadcasting;

   6. Wholesale, warehouse, distribution, fulfillment, and import/export centers;

   7. Cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code.

• B. Similar Uses Permitted by Commission Determination.

The commission may, by resolution, permit any other uses which it may determine to be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in this zone, as provided in Section 94.01.00. All uses shall be subject to the property development standards in Section 92.17.2.03 and the performance standards in Section 92.17.2.04.

• C. Uses Permitted by Land Use Permit.

  1. Modifications to existing WECS, subject to the requirements and standards contained in Section 94.02.00(H)(8);

  2. Meteorological towers in excess of 200 feet in height;

  3. Operations and facilities providing tours of alternative energy facilities;

  4. Recycling collection center;

  5. Vehicle impound yards.

• D. Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

1. Acid and abrasives manufacturing;

2. Animal hospitals, shelters or kennels;

3. Brewery, distillery or winery;

4. Chemical plating shop;

5. Concrete batch plants and asphalt plants;

6. Disposal service operations;

7. Energy Use.

   • a. Solar energy facility,

   • b. Wind energy conversion systems (WECS), subject to the requirements and standards contained in Section 94.02.00(H)(8),

   • c. Co-generation facilities;

8. Fertilizer production;

9. Meat packing plants, not including slaughtering or rendering of animals;

10. Cannabis cultivation facility, subject to the development standards contained in Section 93.23.15 of this Code;

11. Cannabis manufacturing facility, subject to the development standards contained in Section 93.23.15 of this Code;

12. Cannabis testing facility, subject to the development standards contained in Section 93.23.15 of this Code;

13. Natural gas storage, above ground;

14. Paints and varnishes manufactured and incidental storage;

15. Paper storage and recycling, outdoor;

16. Petroleum and bulk fuel storage, above ground;

17. Planing mill;

18. Poultry and egg processing;

19. Recycling/salvage center.

(Ord. 1447, 1993; Ord. 1553, 1998; Ord. 1876 § 8, 2015; Ord. 1908 § 1, 2016; Ord. 1943 §§ 18—20, 2017; Ord. 2004 § 2, 2019; Ord. 2007 §§ 27, 28, 2019; Ord. 2056 § 7, 2022)

The following uses are expressly prohibited in the "E-I" zone, and shall not be permitted by commission determination or by conditional use permit:

• A. Residential uses, other than for a caretaker as specifically permitted;

• B. The following manufacturing uses:

  1. Bone black plant,

  2. Carbon black and lamp black plant,

  3. Charcoal manufacturing plant,

  4. Chemical plant (heavy or industrial),

  5. Coal and coke plant,

  6. Detergents, soaps and by-products using animal fat,

  7. Gas manufacturing plant,

  8. Glue manufacturing plant,

  9. Graphite manufacturing plant,

  10. Insulation manufacturing plant (flammable types),

  11. Metal extraction and smelting plant,

  12. Metal ingots, pigs, casting or rolling mill,

  13. Paraffin manufacturing plant,

  14. Petroleum and petroleum products plant, 15. Serum, toxin and virus manufacturing laboratory, 16. Sugar and starch manufacturing plant,

  15. Turpentine manufacturing plant,

  16. Wax and wax products manufacturing plant,

  17. Wool pulling or scouring plant;

• C. The following processing uses:

  1. Animal by-products processing,

  2. Carbon black and lamp black refining, 3. Chemical (heavy or industrial),

  3. Coal and coke processing, 5. Detergents and soap processing,

  4. Dog and cat food processing,

  5. Fish by-products,

  6. Fruit by-products,

  7. Grain milling and sacking,

  8. Petroleum and petroleum products processing or refining,

  9. Potash works,

  10. Printing ink processing,

  11. Radium or uranium extraction,

  12. Rubber reclaiming or processing,

  13. Salt works,

  14. Smelting works,

  15. Soap works,

  16. Sulfuric acid processing or bottling,

  17. Vinegar processing or refining,

  18. Volatile or poisonous gas storage or processing,

  19. Wood and lumber kilns for industrial kiln-drying,

  20. Wood preserving by creosoting or other pressure impregnation of wood by preservations.

(Ord. 1447, 1993)

The following property development standards shall apply to all land and buildings in the "E-I" zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

These standards may be altered where a specific development plan is approved under a planned development or a conditional use permit or otherwise approved master plan of development where the development meets the intent of this Zoning Code.

• A. Lot Area.

Each lot shall have a minimum area of five acres.

• B. Lot Dimensions.

  1. Each lot shall have a minimum width of 250 feet.

  2. Each lot shall have a minimum depth of 250 feet.

• C. Height Limits.

  1. Buildings and structures shall have a height not greater than 30 feet. Buildings taller than 30 feet may be permitted pursuant to Section C(2) below.

  2. Exceptions.

     • a. Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply.

     • b. Buildings of up to 60 feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than one acre in size; and (2) the building or any portion thereof is set back one foot from any property line for every one foot of vertical height.

     • c. Buildings of up to 95 feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than five acres in size; and (2) the building or any portion thereof is set back one foot from any property line for every one foot of vertical height.

     • d. Any buildings over 30 feet in height shall only be permitted within the area bounded by Dillon Road on the north, the eastern boundary of the zone district on the east, 19th Avenue on the south, and the Karen Avenue right-of-way on the west.

     • e. The provisions of Section 93.04.00 shall not apply to buildings in the E-I (Energy Industrial) zone.

  3. WECS shall be subject to the requirements and standards contained in Section 93.23.07.

• D. Yards.

  1. General Provisions. Section 93.01.00 shall apply.

  2. Energy Uses.

     • a. The minimum setback from any property line shall be 50 feet.

     • b. The setback for WECS shall be determined by the provisions of Section 93.23.07.

  3. Other Uses.

  • a. No building shall be erected closer than 25 feet from the front property line. Not less than 15% of such yard shall be landscaped and maintained.

  • b. Where the E-I zone abuts a street which is a boundary with a residential or open space zone, there shall be a yard abutting such street of not less than 100 feet. The 25 feet nearest the street shall be landscaped and maintained. The remainder may be used for parking.

  • c. Where the E-I zone abuts property in a residential or open space zone, there shall be a yard of not less than 100 feet. The 25 feet nearest the property line shall be landscaped and maintained. The remainder shall not be used for parking, loading or storage.

  • d. Landscaped buffers at least 15 feet in width may be required by the planning commission along interior yards.

• E. Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply.

Exception.

1. Fences and walls shall not exceed eight feet in height in any required interior side or rear yard.

2. Barbed wire may be used for security purposes at alternate energy installations.

• F. Coverage.

Lot coverage by buildings or structures shall not exceed 60% of any lot or planned development.

• G. Access.

The provisions of Section 93.05.00 shall apply.

• H. Off-street Parking.

The provisions of Section 93.06.00 shall apply.

• I. Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

• J. Signs.

The provisions of Section 93.20.00 shall apply.

• K. Outdoor Storage.

  1. Outdoor storage and activities associated with permitted uses shall be adequately screened from view from any public street or abutting residential property by a solid masonry wall. Such wall shall return along any interior side property line which is perpendicular to such public street or residential property for a distance of not less than 25 feet. Other fencing may be of chain link, or other open style, if the entire length of such fence is landscaped so to screen the storage area from view. Such landscaping shall be allowed to grow to eight feet in height and shall be adequately maintained and irrigated. Items shall not be stacked or stored higher than the wall if located within 25 feet from any public street or residential property. All enclosures and stored materials must comply with fire department regulations for access and fire protection.

  2. All enclosures and stored materials must comply with fire department requirements for access and fire protection.

  3. No materials or waste shall be deposited or stored in any form or manner that they may be transferred off the lot by normally-occurring natural causes or forces. Waste which might cause dust or fumes or which constitutes a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosures.

• L. Antennas.

The provisions of Section 93.08.00 shall apply.

• M. Public Art.

The provisions of Section 93.11.00 shall apply. (Ord. 1447, 1993; Ord. 1908 § 4, 2016; Ord. 2056 §§ 8—10, 2022)

The uses established or placed into operation after the effective date of this Zoning Code, shall comply at all times hereafter with the following limitations or performance standards.

• A. Energy Uses.

The provisions of Section 94.02.00(H)(8) shall apply.

• B. Other Uses.

  1. Fire and Explosion Hazards.

     • a. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. All incineration is prohibited; or

     • b. The storage and handling of flammable liquids, liquefied petroleum, gases and explosives shall comply with the state rules and regulations. Bulk storage of flammable liquids, liquid petroleum, gases and explosives above ground shall be unlawful, except gasoline and lubricating fuel oil. Storage below ground shall be permitted; provided, all tanks shall be located not closer to any property line than the greatest depth of the bottom of the buried tank. All incineration is prohibited.

  2. Radioactivity or Electrical Disturbance.

Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Radiofrequency energy is electromagnetic energy at any frequency in the radio spectrum between 10 kilocycles and three million (3,000,000) megacycles.

3. Noise.

The provisions of Chapter 11.74 of the Municipal Code shall apply.

4. Vibration.

Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located.

5. Emission of Smoke, Dust, Heat and Glare.

Every use shall be so operated that it does not emit smoke, dust, heat or glare in such quantities or degree as to be readily detectable on any boundary line of the lot on which the use is located.

6. Emission of Odors/Gas.

The emission of obnoxious odors of any kind shall not be permitted. No gas shall be emitted which is deleterious to the public health, safety or general welfare. (Ord. 1447, 1993)

The provisions of Section 93.19.00 shall apply. (Ord. 1447, 1993)