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<br />Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice.
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<br />15. What industrial businesses would be considered nonconforming if the ordinance were
<br />adopted as proposed? The proposed ordinance defines nonconforming industrial use as a use
<br />established on any parcel or within any building located within the boundaries of the TZC that is
<br />listed in the uses permitted or uses permitted subject to a conditional use permit of the M1 (Light
<br />Industrial) or M2 (Heavy Industrial) zoning districts but that are no longer permissible through
<br />the proposed amendment. As such, all industrial businesses would be considered nonconforming
<br />if the ordinance were adopted as proposed.
<br />16. What are the differences between a nonconforming industrial use and a noxious use? A
<br />nonconforming industrial use is a use established on any parcel or within any building located
<br />within the boundaries of TZC that is listed in the uses permitted or uses permitted subject to a
<br />conditional use permit of the M1 (Light Industrial) or M2 (Heavy Industrial) zoning districts but
<br />that are no longer permissible through the proposed amendment. A noxious use, as the term is
<br />defined and used in the proposed ordinance, is a nonconforming industrial use that is located
<br />within one thousand (1,000) linear feet of a public park, school (K-12) as defined by Section
<br />11362.768 of the Health and Safety Code, or property used or zoned for residential purposes
<br />whose primary business operations involve any two or more of the following: 1) Emitting,
<br />generating, or discharging of particulate materials; exhausting emissions; or handling, storing
<br />emitting or discharging regulated compounds, hazardous materials, chemicals, or substances; 2)
<br />Operations that are regulated by and require a permit from a federal, state, or regional agency;
<br />3) Storing, processing, or disposing of listed or hazardous waste; or 4) Operations that are not
<br />contained within a fully enclosed building. If an existing industrial business does not meet the
<br />criteria included in the definition of a noxious use, then it is considered a nonconforming
<br />industrial use. However, if the nonconforming industrial use meets the criteria of noxious use,
<br />then the business is also considered a noxious use.
<br />17. How is artisan/craft product – limited production defined in the proposed ordinance?
<br />Artisan/craft product - limited production is defined as a specialized commercial facility with a
<br />retail-facing operation open to the public. Products are typically made by hand or with a
<br />restricted level of automation demonstrating an artistic skill. On-site production of artisan/craft
<br />product activities include design, production, processing, printing, assembly, treatment, testing,
<br />repair, and packaging, as well as any incidental storage. Typical artisan/craft products include,
<br />but are not limited to, electronics, food products, furniture-making, beverages, leather products,
<br />clocks and watches, jewelry, clothing/apparel, metal work, furniture and fine woodworking,
<br />glass, ceramics, paper and paper products, soaps, perfumes, and lotions, together with ancillary
<br />training and/or educational program activities.
<br />18. What adjustments can be made to operational business hours to mitigate noise concerns?
<br />The proposed ordinance does not include language modifying noise standards. However, the
<br />proposed ordinance does include hours of operation that would apply to nonconforming
<br />industrial uses, which would limit noise impacts experienced by residents of the area. The TZC
<br />currently requires approval of a conditional use permit (CUP) for any business operating between
<br />12:00 a.m. (midnight) and 7:00 a.m. During the CUP consideration process, the Planning
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