Item 39 - Urgency Ordinance to Amend various sections of Chapter 41 (Zoning) of the SAMC

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ZOA No. 2022-07 – Urgency Ordinance December 12, 2022 Page 3 3 1 4 8 Noxious Uses In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City adopted numerous environmental justice policies and actions in its General Plan to amend use regulations and development standards in the Zoning Code. A majority of the actions in the General Plan related to use, buffers, and development standards will be analyzed and addressed through the comprehensive Zoning Code Update. However, noxious businesses in close proximity to parks, schools, and residences is of immediate concern as they pose an immediate threat to the health and safety of those recreating, attending school, or residing in their proximity. Additionally, federal, state, and regional permitting agency requirements alone are insufficient to properly protect the health and safety of residents as has been proven through the numerous businesses that continue to be licensed in close proximity to sensitive receptors even when they violate applicable federal and state laws. Staff is proposing to create a new Section 41-199.4 (Noxious uses) to require a CUP for industrial uses that require a permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances from a regional, Medical Office - Definition The SAMC does not currently define medical office. 1. Create “medical office” definition in Division 2 (Definitions), Article I of the Zoning Code (Sec. 41-121). 2. Update the permitted uses sections of the Professional (P), Community Commercial (C1), Community Commercial—Museum District (C1- MD), Arterial Commercial (C5), and South Main Street Commercial District (C-SM) to consistently use “medical office.” Professional, Business, and Administrative Office - Definition The SAMC does not currently define professional, business, and administrative office. 1. Create “professional, business, and administrative office” definition in Division 2 (Definitions), Article I of the Zoning Code (Sec.41-127.5) 2. Update the permitted uses sections of the Professional (P), Community Commercial (C1), Community Commercial—Museum District (C1- MD), Arterial Commercial (C5), and South Main Street Commercial District (C-SM) to consistently use “professional, business, and administrative office.” Electric Fences The SAMC is currently silent on electric fences. The SAMC neither defines nor regulates electric fences, which have become more widely used as a means to secure property from theft and/or vandalism. 1. Create “electric fence” definition in Division 2 (Definitions), Article I of the Zoning Code (Sec. 41-54.5) 2. Add new section to regulate zones and properties where electric fences are permitted (only in M1 and M2, and only where abutting a rail right- of-way) subject to a minor exception (Sec. 41-610.5).