§ 6.11.65. Non-Industrial Uses in Industrially Designated Areas

A.

Generally

Expansion or new development of a non-industrial use not already considered as permitted or permissible in industrially designated areas shall be allowed only if it is determined to be accessory and complementary to the industrial area. Such determination shall be made according to the criteria set forth below.

B.

Procedure

An application for a permit under this Part shall be reviewed pursuant to the Procedure for Issuance of Development Permits at 10.01.00.

C.

Criteria

1.

New Buildings, Structures and Uses

All new buildings, structures and uses shall be considered to be Special Uses. In addition to the Standards and criteria for review and approval of Special Uses, such new development shall meet the following criteria:

a.

They shall provide a service or product of direct benefit to the permitted and permissible uses in the industrially designated area, and

b.

If they are located within a planned unit development, they shall be located so as to clearly and directly serve the approved and conforming uses within the planned unit development; or

c.

If they are not located within a planned unit development, they shall be located so as to clearly and directly serve the approved and conforming uses within the same block and the blocks contiguous or across the street.

d.

The intensity of such new buildings, structures and uses to existing permissible uses shall not exceed a ratio of one to twelve (1:12) within the areas described in either criterion 2 or 3 above, as applicable. For example, a maximum of 5,000 square feet of convenience commercial shall be permitted to serve 60,000 square feet of existing industrial/office development. For purposes of this criterion, "existing" shall mean that a building permit or a Certificate of Occupancy has been lawfully issued by the Building Department. The intensity of existing non-conforming uses shall not be considered.

2.

Expansion of Existing Buildings, Structures and Uses

Existing buildings, structures and uses which are not permitted or permissible in industrially designated areas are, by definition, nonconformities. The expansion of such nonconformities shall be considered according to the procedures and standards contained in 11.02.00 (Vested Rights), the provisions of 11.03.00 (Nonconformities), and the criteria set forth in this Part. If there is any conflict between the provisions of 11.03.00 (Nonconformities) and any other standard or criterion, the more restrictive shall apply. Such expansions shall continue to be considered as nonconformities.

3.

Exception

Permitted and permissible industrial uses may contain a limited amount of accessory retail or wholesale use without going through the Special Use designation process if the following conditions are met:

a.

The accessory retail or wholesale use clearly is accessory to the industrial use on the same zoning lot.

b.

Those products which may be offered for sale shall be limited to those produced or assembled on site; manufactured by the same company, or its subsidiary, elsewhere; or manufactured by another company but warehoused on site for distribution.

c.

The accessory use is contained in the same building as the principal use.

d.

The amount of floor area devoted to sales and display of the accessory use product does not exceed 15 percent of the floor area devoted to the principal use, or the amount permitted by C.1.d. above, whichever is greater.

(Ord. No. 02-13, § 2, 8-1-02; Ord. No. 15-15, § 2(Exh. A), Item A.7(15-0502), 6-18-15, eff. 6-25-15)