Article IV — Industrial Districts

In addition to the general objectives of this chapter, the M Industrial Districts are included in the Zoning Ordinance to achieve the following purposes:

• (A) General Purposes.

  • (1) To reserve appropriately located areas for mineral extraction and for industrial land uses and related activities, so as to encourage the productive utilization of the County's natural resources, efficient freight and goods movement, and industrial employment for County residents.

  • (2) To protect areas appropriate for industrial use from intrusion by dwellings and other inharmonious uses.

  • (3) To minimize the impact of industrial land uses on nearby residential, agricultural, and commercial properties by encouraging nuisance-free, nonhazardous industrial uses through the control of noise, odor, dust, dirt, smoke, vibration, heat, glare, truck and rail traffic, and other objectionable influences and from fire, explosion, noxious fumes, radiation, and other hazards associated with certain industrial uses.

  • (4) To provide locations for certain types of industrial land uses to concentrate in mutually beneficial relationships.

  • (5) To provide adequate space to meet the needs of modern industrial development, including areas for off-street parking, truck and rail loading, and landscaping.

  • (6) To minimize traffic congestion and to avoid the overloading of utilities by preventing the development of excessively intense industrial uses or the construction of buildings of excessive size in relation to available public facilities.

  • (7) To maximize efficient energy use and energy conservation in industrial districts, and to encourage the use of locally available renewable energy resources.

• (B) Specific M-1 Light Industrial District Purposes. To provide areas for light industrial facilities such as assembly and other types of manufacturing which have no potential for major pollution, adverse visual impacts, or nuisance or hazard factors.

• (C) Specific M-2 Heavy Industrial District Purposes. To provide areas for heavy industrial facilities such as lumber mills and major manufacturing or processing plants; to provide standards for their establishment and operation; and to ensure their compatibility with the environment, supporting public services, and adjacent land uses.

• (D) Specific M-3 Mineral Extraction Industrial District Purposes.

  • (1) To identify the location of rock, sand, gravel, and other mineral resources within the County of Santa Cruz which are valuable to the orderly and economic development of the County and region.

  • (2) To conserve mineral resources for future use and to ensure that the recovery of these resources is not preempted by other uses of the land on which they are located, or by the introduction of noncompatible uses on other lands in the immediate vicinity.

  • (3) To give public notice of the intent to preserve and plan for the continued or ultimate use of mineral resources and proposed access thereto.

• (4) To allow the orderly economic extraction of minerals by designating the sites of existing and potential mines and allowing for the establishment, operation, expansion, and reclamation of mineral extraction facilities and sites with minimum adverse impacts on aquifers, streams, scenic values, and surrounding land uses.

• (Ord. 3432 § 1, 1983; Ord. 3501 § 12, 1984; Ord. 5423 § 13, 2022)

• (A) Allowed Uses. The uses allowed in industrial districts shall be as provided in the Industrial Uses Chart. Certain disallowed uses that are preexisting on a parcel may be considered legal nonconforming uses. See SCCC § 13.10.260 and § 13.10.261 for regulations regarding legal nonconforming uses.

• (B) Use Permits. A discretionary approval for an allowed use is known as a "use permit." Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Industrial Uses Chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures. For the purposes of this chapter, a mining permit is a use permit.

• (C) Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC § 13.11.035 , a Coastal Development Permit pursuant to SCCC § 13.20.050 , or other discretionary review.

• (D) Industrial Uses Chart. Allowed uses and permit requirements for industrial zone districts are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.

KEY:

P Permitted by right: Use is allowed without a use permit.

KEY:

ZC Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required.

MUP Minor Use Permit: Discretionary permit, no public notice.

AUP Administrative Use Permit: Discretionary permit with public notice.

CUP Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified.

A Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use.

NA Use not allowed in this zone district.

1. Table indicates use permits only. Other discretionary permits may be required.

(E) Use Conditions.

• (1) Hours of Operation. No business or service establishment shall be open between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP. Within 150 feet of any residentially zoned property, no non-emergency outdoor activity, including loading, sweeping, landscaping, or maintenance, shall occur between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP, and no business or service shall be open between the hours of

8:00 p.m. to 10:00 p.m. or between the hours of 6:00 a.m. and 8:00 a.m., except pursuant to an MUP.

• (2) Outdoor Storage. Outdoor storage is allowed subject to an MUP; provided, that the storage area is adequately screened from view from adjacent parcels.

• (3) Signage. Signage may be required or allowed per SCCC § 13.10.581 , subject to an MSP per SCCC § 13.11.037 .

• (4) Temporary/seasonal use, including temporary outdoor seating: allowed pursuant to a temporary use permit (TUP), subject to SCCC § 13.10.616 .

• (5) Additional conditions for specific uses are found in other code sections as referenced in the Industrial Uses Chart.

(Ord. 3432 § 1, 1983; Ord. 3593 § 9, 1984; Ord. 3767 § 2, 1986; Ord. 4525 § 7, 1998; Ord. 4577 §§ 5, 6, 1999; Ord. 4715 § 5, 2003; Ord. 4744 § 5, 2003; Ord. 4770 § 5, 2004; Ord. 4808 § 18, 2005; Ord. 4836 § 86, 2006; Ord. 4873 § 3, 2007; Ord. 4921 §§ 9, 10, 2008; Ord. 5119 §§ 23, 24, 2012; Ord. 5272 § 5, 2018; Ord. 5302 § 3, 2019; Ord. 5334 § 5, 2020; Ord. 5336 § 5, 2020; Ord. 5346 § 1, 2020; Ord. 5366 § 1, 2021; Ord. 5402 § 4, 2022; Ord. 5423 § 13, 2022; Ord. 5439 § 4, 2023)

• (A) Site Development Permit. A discretionary permit for physical site development such as an addition, exterior remodel, or new construction associated with an allowed use is known as a "site development permit." SCCC § 13.11.035 identifies the types of site development projects which require a site development permit. The processing procedures and findings for site development permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.

  • (1) Design review is required for some site development permits pursuant to SCCC § 13.11.040 through § 13.11.080 .

  • (2) Modification of a site or structure with a valid site development permit may be processed as an amendment to the existing site development permit in accordance with SCCC § 18.10.134 . For modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, see SCCC § 13.10.260 , et seq.

• (B) Site and Structural Dimensions Chart. The following development standards shall apply within all industrial zone districts, except as noted elsewhere in this section and in the general exceptions as noted in SCCC § 13.10.510 , et seq.

1. Special setbacks apply for certain parcel locations, per subsection (C) of this section, and exceptions to site development standards may be considered per subsection (D) of this section.

2. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC § 15.10.050 and County Design Criteria.

3. See SCCC § 13.16.093 , Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements.

4. Except when pursuant to a mining permit.

• (C) Setbacks in Sensitive Locations.

  • (1) Parcels Abutting Residential or Non-Commercial Agricultural Zone Districts.

    • (a) The minimum front yards are as follows:

• (b) The minimum side and rear yards are as follows:

• (2) Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in a SRA, and the State Fire Code and Title 14 , Chapter 7 , Section 1270.00 , et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.

• (D) Exceptions to Development Standards. Applicants may apply to exceed development standards with a minor exception (SCCC § 13.10.235 ), variance (SCCC § 13.10.230 ), or planned unit development (SCCC § 18.30.183 ).

(Ord. 3432 § 1, 1983; Ord. 3501 § 13, 1984; Ord. 4314 § 4, 1994; Ord. 4496-C § 24, 1998; Ord. 5423 § 13, 2022)

• (A) M-1 and M-2 Districts—Required Conditions.

  • (1) Air Pollution. In an M-1 or M-2 District no use shall be permitted which emits any air pollution beyond the boundaries of the site which is detectable by the human senses without the aid of instruments. The provisions of this section relating to air pollution shall not apply to any use maintained in compliance with the conditions of a use permit issued after January 1, 1964, and prior to May 18, 1965.

  • (2) Smoke. In an M-1 District no use shall be permitted which emits smoke. In an M-2 District no use shall emit visible gray smoke of a shade equal to or darker than No. 2 on a standard Ringelmann Chart issued by the United States Bureau of Mines or smoke of an equivalent opacity, except that smoke of a shade equal to No. 3 on a Ringelmann Chart, or smoke of an equivalent opacity, may be emitted for four minutes in any 30-minute period. The provisions of this section relating to smoke shall not apply to any use maintained in compliance with the conditions of a use permit issued after January 1, 1964, and prior to May 18, 1965.

  • (3) Solid and Liquid Wastes. No solid or liquid wastes shall be discharged into a public or private sewerage system except in compliance with the regulations prescribed by the Board of Supervisors or by the governing boards of other governmental agencies or in compliance with the regulations of the owner of the system.

  • (4) Odor. In an M-1 District no use except a temporary construction operation shall be permitted which creates odor beyond the boundaries of the site which is detectable by the human senses without the aid of instruments. In an M-2 District no use except a temporary construction operation or a seasonal fruit or vegetable dehydrating or processing plant shall be permitted which creates odor beyond the boundaries of the site which is found by the Planning Commission to be offensive or which is detectable beyond the boundaries of the M-2 District without the aid of instruments.

  • (5) Noise. In an M-1 or M-2 District no use except a temporary construction operation shall be permitted which creates noise which is found by the Planning Commission not to conform to the noise parameters established by the Santa Cruz County General Plan beyond the boundaries of the M-1 or M-2 District at standard atmospheric pressure.

  • (6) Vibration, Heat and Cold, Glare, Electrical Disturbance. No use except a temporary construction operation shall be permitted which creates vibration, changes in temperature, direct or sky-reflected glare, or electrical disturbance which is detectable by the human senses without the aid of instruments beyond the boundaries of the site in an M-1 District or beyond the boundaries of the district in an M-2 District.

and Cold, Glare, Electrical Disturbance. No use except a temporary construction operation shall be permitted which creates vibration, changes in temperature, direct or sky-reflected glare, or electrical disturbance which is detectable by the human senses without the aid of instruments beyond the boundaries of the site in an M-1 District or beyond the boundaries of the district in an M-2 District.

• (7) Nonconformance With Provisions of This Subsection (A) . Any use listed in the industrial uses chart which is located in an M-1 District which is found by the Planning Commission not to comply with the requirements of subsections (A)(1) through (A)(6) of this section shall constitute a nonconforming use. The Planning Commission's determination that such use is nonconforming shall be made after public hearing is held more than 15 days after written notice to the user.

• (8) Actions Necessary to Make a Nonconforming Use Conform. In order for a nonconforming use to be made conforming, a use permit processed at the appropriate level as indicated in the use chart shall be obtained. Application for the use permit must be made within three months of the date the Planning Commission determines the use to be nonconforming. If an application for a use permit has not been filed within the three-month period, the nonconforming use shall thereafter be subject to the abatement proceedings set forth in Chapter 1.14 SCCC; provided, that no additional public hearing shall be required by the Planning Commission prior to making its recommendation to the Board of Supervisors.

• (B) Special Findings for High Impact Uses in the M-1 District. Any uses listed as allowed in the M-2 District may be allowed as discretionary uses in the M-1 District; provided, that the approving

body makes the following findings in addition to the findings required for a use permit pursuant to Chapter 18.10 SCCC:

• (1) That consideration of all the determinable characteristics of the use which is the subject of the application indicates that the use has the same essential characteristics as the permitted uses in an M-1 District with respect to method of operation, type of process, materials, equipment, structures, storage, and appearance;

• (2) That the use will not create significantly more vehicular or rail traffic than the volumes normally created by the permitted uses in an M-1 District; and

• (3) That the use will not generate odor, fumes, dust, smoke, particles, dirt, refuse, water-carried wastes, noise, vibration, glare, heat, or any other objectionable factor beyond the boundaries of the site, or be unsightly or create a hazard of fire or explosion.

• (C) M-3 Districts—Required Findings for Uses Other Than Mineral Extraction. In addition to findings required for a development permit, the approving body shall find that the proposed use is located, or will be conducted in a manner, so as to not preempt the ultimate extraction or use of any rock, sand, gravel, or mineral resource. Special use requirements and standards for mining and related uses in the M-3 Zone District are found in Chapter 16.54 SCCC, Mining Regulations.

addition to findings required for a development permit, the approving body shall find that the proposed use is located, or will be conducted in a manner, so as to not preempt the ultimate extraction or use of any rock, sand, gravel, or mineral resource. Special use requirements and standards for mining and related uses in the M-3 Zone District are found in Chapter 16.54 SCCC, Mining Regulations.

• (D) Prohibitions. The following uses and activities are prohibited in industrial districts:

  • (1) Asbestos. In an M-1, M-2, or M-3 District, no use shall be permitted which produces or uses asbestos in any manufacturing process.

(Formerly 13.10.345; Ord. 3432 § 1, 1983; Ord. 3479 § 1, 1983; Ord. 4496-C §§ 25, 26, 1998; Ord. 4836 §§ 87–89, 2006; Ord. 5423 § 13, 2022)

• (A) All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.

• (B) All requirements of the local sanitation district and water district shall be met. Letters indicating adequate sewer and water service to the project shall be submitted with the project application.

• (C) All improvement requirements and impact fees for community facilities shall be met where required by district or ordinance regulations (SCCC Title 15).

• (D) The recommendations of the Santa Cruz Metropolitan Transit District should be met to ensure the provision of adequate transit facilities. For industrial projects of 6,000 square feet or larger, a letter indicating the Transit District's recommendation shall be submitted with the project applications.

(Formerly 13.10.344; Ord. 4263 § 3, 1993; Ord. 4346 § 22, 1994; Ord. 5423 § 13, 2022)

Other use and development standards applicable to industrial districts include but are not limited to the following provisions of the SCCC:

(Ord. 5423 § 13, 2022)