§ 21.33.080. Meaning of the Y/AP and Y/C designations.  


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  • A.

    This Section applies to those use categories in Table 33-2 classified as "Y/AP" and "Y/C" within specified industrial districts. "Y/AP" shall mean that the use is permitted by right unless the location criteria contained in Subsection 21.33.080.C apply to the project, in which case administrative use permit (AP) review shall be required pursuant to Chapter 21.25, Division IV of this Title. "Y/C" shall mean a use is permitted by right unless the location criteria contained in Subsection 21.33.080.C apply to the project, in which case conditional use permit (C) review shall be required pursuant to Chapter 21.25, Division II of this Title.

    B.

    The Zoning Administrator shall be authorized to determine whether a use identified in Table 33-2 as "Y/AP" or "Y/C" is permitted by right or requires discretionary review based on the criteria defined in this Section.

    C.

    The location of a proposed industrial use relative to residentially-zoned property shall represent the sole factor for determining whether discretionary review is required pursuant to this Section. If any building housing the principal proposed use in an industrial district, or any outdoor activity which represents the principal use of the property, is located three hundred feet (300′) or less from the nearest residential district (see Figure 33-1), then administrative use permit or conditional use permit review shall be required, as indicated in Table 33-2.

    (Ord. C-7360 § 3, 1995)

    21-33-080.png

    Table 33-1

    Two-Digit SIC Code Groups

    SIC Division and

    Group No.
    Classified Businesses and/or Activities
    A. Agriculture, Forestry, and Fishing
    01 Agricultural production—crops
    02 Agricultural production livestock and animal specialties
    07 Agricultural services
    08 Forestry
    09 Fishing, hunting, and trapping
    B. Mining
    10 Metal mining
    12 Coal mining
    13 Oil and gas extraction
    14 Mining and quarrying of nonmetallic minerals, except fuels
    C. Construction
    15 Building construction—general contractors and operative builders
    16 Heavy construction other than building construction—contractors
    17 Construction—special trade contractors
    D. Manufacturing
    20 Food and kindred products
    21 Tobacco products
    22 Textile mill products
    23 Apparel and other finished products made from fabrics and similar materials
    24 Lumber and wood products, except furniture
    25 Furniture and fixtures
    26 Paper and allied products
    27 Printing, publishing, and allied industries
    28 Chemicals and allied products
    29 Petroleum refining and related industries
    30 Rubber and miscellaneous plastics products
    31 Leather and leather products
    32 Stone, clay, glass, and concrete products
    33 Primary metal industries
    34 Fabricated metal products, except machinery and transportation equipment
    35 Industrial and commercial machinery and computer equipment
    36 Electronic and other electrical equipment and components, except computer equipment
    37 Transportation equipment
    38 Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks
    39 Miscellaneous manufacturing industries

     

    Table 33-1
    Two-Digit SIC Code Groups
    (Continued)

    SIC Division and

    Group No.
    Classified Businesses and/or Activities
    E. Transportation, Communications, Electric, Gas, and Sanitary Services
    40 Railroad transportation
    41 Local and suburban transit and interurban highway passenger transportation
    42 Motor freight transportation and warehousing
    43 United States Postal Service
    44 Water transportation
    45 Transportation by air
    46 Pipelines, except natural gas
    47 Transportation services
    48 Communications
    49 Electric, gas, and sanitary services
    F. Wholesale Trade
    50 Wholesale trade—durable goods
    51 Wholesale trade—nondurable goods
    G. Retail Trade
    52 Building materials, hardware, garden supply, and mobile home dealers
    53 General merchandise stores
    54 Food stores
    55 Automotive dealers and gasoline service stations
    56 Apparel and accessory stores
    57 Home furniture, furnishings, and equipment stores
    58 Eating and drinking places
    59 Miscellaneous retail
    H. Finance, Insurance and Real Estate
    60 Depository institutions
    61 Nondepository credit institutions
    62 Security and commodity brokers, dealers, exchanges, and services
    63 Insurance carriers
    64 Insurance agents, brokers, and service
    65 Real estate
    67 Holding and other investment offices
    I. Services
    70 Hotels, rooming houses, camps, and other lodging places
    72 Personal services
    73 Business services
    75 Automotive repair, services, and parking
    76 Miscellaneous repair services

     

    Table 33-1
    Two-Digit SIC Code Groups
    (Continued)

    SIC Division and

    Group No.
    Classified Businesses and/or Activities
    78 Motion pictures
    79 Amusement and recreation services
    80 Health services
    81 Legal services
    82 Educational services
    83 Social services
    84 Museums, art galleries, and botanical and zoological gardens
    86 Membership organizations
    87 Engineering, accounting, research, management, and related services
    88 Private households
    89 Miscellaneous services
    J. Public Administration
    91 Executive, legislative, and general government, except finance
    92 Justice, public order, and safety
    93 Public finance, taxation, and monetary policy
    94 Administration of human resource programs
    95 Administration of environmental quality and housing programs
    96 Administration of economic programs
    97 National security and international affairs
    K. Nonclassifiable establishments
    99 Nonclassifiable establishments

     

    (Ord. C-7360 § 3, 1995: Ord. C-7326 § 16, 1995)

    Table 33-2
    Uses In Industrial Districts

    Use
    IL
    IM
    IG
    IP
    *Notes and Exceptions
    1. Agriculture And Related Uses N N C See Item 10 in this table. a. Permitted in IL and IM
     (SIC codes 01, 02, 07*) • (Crop Cultivator) - Must comply with Chapter 5.92 if Adult-Use Cannabis Business
    • 0742 (Veterinary Services for Animal Specialties)
    • 0752 (Animal Specialty Services, Boarding, Kennels, Shelters)
    • 078 (Landscape and Horticultural Services)
     1.1 Urban Agriculture Use Y AP AP AP All urban agriculture uses, whether by-right or permitted through an Administrative Use Permit, must meet the standards outlined in Section 21.52.260.

     

    Table 33-2
    Uses In Industrial Districts
    (Continued)

    Use
    IL
    IM
    IG
    IP
    *Notes and Exceptions
    2. Construction-Related Uses (SIC codes 138, 15, 16, 17) "Limited outdoor accessory storage" means the storage of materials and equipment to be used off-site for construction projects in progress.
     2.1 With outdoor storage as principal use N Y/AP Y See Item 10 in this table.
     2.2 Contractor's office with limited outdoor accessory storage Y Y Y
    3. Food Processing
     (SIC code 20*)
    C Y/C Y/C See Item 10 in this table. a. Prohibited in IL, IM, and IP, and requires conditional use permit in IG:
     • 201 (Meat Products)
     • 2048 (includes slaughtering animals for animal feed)
     • 2077 (Animal and Marine Fats and Oils)
     • 2091 (Canned and Cured Seafoods)
     • 2092 (Fresh or Frozen Seafoods)
    b. Permitted in IL, IM, and IG:
     • 205 (Bakery Products)
    4. Manufacturing a. Prohibited in IL, IM, and IP, and requires conditional use permit in IG:
     4.1 SIC codes 23, 27, 283, 284, 31*, 36, 38, 39 Y Y Y See Item 10 in this table.  • 261 (Pulp Mills)
     • 262 (Paper Mills)
     4.2 SIC codes 25, 26*, 30 Y/C Y/C Y  • 263 (Paperboard Mills)
     • 281 (Industrial Inorganic Chemicals)
     4.3 SIC codes 22, 24, 289*, 32*, 34*, 35, 37* N C Y/C  • 282 (Plastics Materials)
     • 285 (Paints, Varnishes)
     • 286 (Industrial Organic Chemicals)
     4.4 SIC codes 21, 29*, 33, 492*, 4932* N N C  • 287 (Agricultural Chemicals)
     • 2892 (Explosives)
     • 291 (Petroleum Refining)
     • 311 (Leather Tanning and Finishing)
     • 324 (Hydraulic Cement)

     

    Table 33-2
    Uses In Industrial Districts

    (Continued)

    Use
    IL
    IM
    IG
    IP
    *Notes and Exceptions
    4. Manufacturing
    (continued)
     • 325 (Structural Clay Products)
     •327 (Concrete, Gypsum, and Plaster Products)
     •3292 (Asbestos Products)
     •348 (Ordinance and Accessories)
    b. Certain oil and gas extraction and processing are exempt from zoning regulations as provided for in Subsection 21.1O.030.B, and are controlled by Title 12 of the Municipal Code.
    c. SIC code 371 (Motor Vehicles and Motor Vehicle Equipment) shall be permitted in the IG district when located more than 150 ft. from a residential district, and require a conditional use permit when located closer than 150 ft.
    5. Transportation-Related Uses
    (SIC codes 41, 421, 4215, 423, 473, 478)
    a. SIC code 45 uses shall require a conditional use permit outside the boundaries of the Long Beach Airport and/or on adjacent properties directly supporting airport operations.
     5.1 With no outdoor container storage C C C*
     5.2 With outdoor container storage associated with shipping/trucking/rail C C C* See Special Development Standards for Trucking terminals and yards. Section 21.45.168
     5.3 Air transportation (SIC code 45) N N Y*
     5.4 Helipads C C C See Item 10
     5.5 Electric, gas, and sanitary services (SIC code 49, except 492 and 4932. Includes refuse transfer stations) C C C
    6. Wholesale Trade
     (SIC codes 50*, 51*, 422)
    Y Y Y a. Prohibited in IL, IM, and IP, and requires a conditional use permit in IG:
     • 4225 (personal storage, self-storage, including recreational vehicle, and/or miniwarehouse as defined by Section 21.15.570)
     • 5015 (motor vehicle parts, used)
     • 5093 (scrap and waste materials, including retail sales)
     • 5154 (livestock sales)

     

    Table 33-2
    Uses In Industrial Districts

    (Continued)

    Use
    IL
    IM
    IG
    IP
    *Notes and Exceptions
    7. Retail Trade a. Primarily, these uses are intended to serve nearby industries and employees, and the retail's proximity will provide convenience with minimal impact on the retail operations.
     7.1 Eating places without drive-thru service (SIC code 5812*) Y Y Y See item 10 in this table. b. Any business involved in the sale of alcoholic beverages shall be subject to conditional use permit review and shall meet the location requirements contained in Section 21.52.201.
    The following exceptions do not require a conditional use permit:
     Restaurants with alcoholic beverage service only with meals, whereby alcoholic beverage sales comprise 30 percent or less of the monthly gross sales of the restaurant. This generally means that any use with a fixed bar is not exempt from the conditional use permit requirement. A service bar is not a fixed bar. A sushi bar where alcoholic beverages are served at the same bar as meals is considered as serving alcoholic beverages only with meals. A cocktail lounge without a bar but with service primarily of hors d'oeuvres and alcoholic beverages shall require a conditional use permit.
     7.2 Eating with drive-thru service (SIC code 5812*) Y/C Y/C Y/C
     7.3 Book and video stores; video rentals (SIC codes 5735, 5942, 7841) Y Y Y
     7.4 All other retail trade (SIC codes 52 through 57, 59) Y C C
    See item 13 in this table for "drinking places." (SIC code 5813)
     • Any use located more than 500 ft. from a zone district which allows residential use.
     • Department store or florist shop with accessory sales of alcoholic beverages.
     • A grocery store of 20,000 sq. ft. or more with accessory sales of alcoholic beverages.
     • Existing legal, nonconforming uses.

     

    Table 33-2
    Uses In Industrial Districts

    (Continued)

    Use
    IL
    IM
    IG
    IP
    *Notes and Exceptions
    7. Retail Trade
    (continued)
    c. Pawnshops (included within SIC code 5932) shall require a conditional use permit in all zones.
    d. Gasoline Service Stations (SIC code 5541) and Fuel Dealers (SIC code 598) shall be permitted in the IG district.
    e. Sales of firearms in the IL zone shall require a conditional use permit.
    8. Service-Related Industries
     8.1 Laundry, cleaning and garment services (SIC code 721) Y Y Y See Item 10 in this table. a. Primarily, these uses are intended to serve nearby industries and employees, and the services' proximity will provide convenience with minimal impact on the service operations.
     8.2 Other personal services (SIC codes 722, 723, 724, 725, 726, 7291) Y AP AP
     8.3 Tattoo and massage parlors N N N b. Parking lots and structures which are principal uses (SIC code 752) shall be subject to parking lot development standards contained in Chapter 21.41.
     8.4 Repair services within enclosed structure (SIC codes 75* and 76) Y Y Y
     8.5 Repair services with outdoor operations (SIC codes 7353, 7359, 75*) N Y/C Y
     8.6 Funeral, mortuary and crematorium (SIC code 7261) N AP AP Subject to special development standards specified in Section 21.52.211

     

    Table 33-2
    Uses In Industrial Districts

    (Continued)

    Use
    IL
    IM
    IG
    IP
    *Notes and Exceptions
    9. Professional Office and Institutional Uses

     (SIC codes 60, 61, 62, 63, 64, 65, 66, 73 [except 7353 and 7359], 861, 862, 863, 864, 878* Division J (Public Administration))
    Y AP AP See Item 10 in this table. a. Prohibited in all industrial districts:
     • 6099 (Functions related to depository banking, not elsewhere classified)
     • 9223 (Correctional Institutions)
     • 8744 (Jails, privately operated-correctional facilities, adult privately operated), except a "Community Correctional Re-entry Center," as defined in Section 21.15.602, may be permitted in the IL, IM and IG zone districts pursuant to a conditional use permit as set forth in Chapter 21.52.
    b. Offices are intended to serve nearby industries and employees.
    c. Emergency shelters (8322) shall be subject to the special development standards specified in Section 21.45.132.
    d. Adult-Use Cannabis Businesses subject to Chapter 5.92.
     9.1 Emergency shelters
    (SIC code 8322*)
    N N N Y

     

    Table 33-2
    Uses In Industrial Districts

    (Continued)

    Use
    IL
    IM
    IG
    IP
    *Notes and Exceptions
    10. Port-Dependent And
    Support Businesses
    See Items 1-9 and 11-14 in this table. See Items 1-9 and 11-14 in this table. See Items 1-9 and 11-14 in this table. Y  •  Ancillary Port Facilities —ship building and repair, towboat and salvage operations, bunker barge loading, sportfishing launching, marine research, Coast Guard operations, marine-oriented fire protection, equipment storage for dredging and waterfront construction, oil spill cleanup
     •  Commercial/Recreational Facilities —water-oriented parks, sightseeing, sportfishing, water skiing, restaurants, hotels, curio shops, marinas, boat sales and manufacturing, charter boat operations, tackle shops, tourist attractions (e.g., Queen Mary), vessel storage
     •  Federal Use —shipyard and drydock operations, Navy Base and support
    See Items 1-9 and 11-14 in this table. See Items 1-9 and 11-14 in this table. See Items 1-9 and 11-14 in this table. Y  •  Oil And Gas Production —including tankage, processing, drilling, and water injection

     •  Utilities —installations and rights-of-way, including SCE station on Terminal Island

     • Adult-Use Cannabis Businesses (all categories) are prohibited
    11. Communications
    (SIC code 48*)
    Y Y Y See Item 10 in this table. a. Requires conditional use permit in all districts:

     • 483 (Radio and television broadcasting stations)

     • Microwave transmission or relay towers

     • Wireless Telecommunications Facilities
    (see Chapter 21.56)
    12. Recycling Operations a. Collection center with attendant subject to development standards contained in Section 21.52.265.
     12.1 Containers for cans, bottles, etc. (accessory use) Y Y Y Y
     12.2 Collection center with attendant or recycling processing/manufacturing center C C C N

     

    Table 33-2
    Uses In Industrial Districts

    (Continued)

    Use
    IL
    IM
    IG
    IP
    *Notes and Exceptions
    13. Recreation And Entertainment Uses a. Any business involved in the sale of alcoholic beverages shall be subject to conditional use permit review and shall meet the location requirements contained in Section 21.52.201. The following exceptions do not require conditional use permit:
     13.1 Outdoor recreation (drive-in theater, racetrack, golf, driving range, shooting range and similar uses) C N N See Item 10 in this table.
     13.2 Movie theaters Y Y Y N • Restaurant with alcoholic beverage service only with meals, whereby alcoholic beverage sales comprise 30 percent or less of the monthly gross sales of the restaurant. This generally means that any use with a fixed bar is not exempt from the conditional use permit requirement. A service bar is not a fixed bar. A sushi bar where alcoholic beverages are served at the same bar as meals is considered as serving alcoholic beverages only with meals. A cocktail lounge without a bar but with service primarily of hors d'oeuvres and alcoholic beverages shall require a conditional use permit.
     13.3 Bars, nightclubs, cabarets and the like with alcohol
    (SIC code 5813*)
    C* C* C* C*
    Y Y Y Y
     13.4 Health clubs and the like
    (SIC code 7991)
    C N N N
     • Any use located more than 500 ft. from a zone district which allows residential use
     • Department store or florist shop with accessory sales of alcoholic beverages
     • Existing legal, nonconforming uses
     13.5 Interim Parks
      a. Community gardens IP IP IP N See Section 21.52.260.
      b. Passive parks Y Y Y N See Section 21.45.155.
      c. Playgrounds IP IP IP N See Section 21.52.260.
      d. Recreational parks AP AP AP N See Section 21.52.260.

     

    Table 33-2
    Uses In Industrial Districts

    (Continued)

    Use
    IL
    IM
    IG
    IP
    *Notes and Exceptions
    14. Miscellaneous uses
     14.1 Caretaker, night watchman's quarters* AP AP AP AP a. Caretaker quarters permitted only in conjunction with a permitted nonresidential use.
     14.2 Art studio with associated residence AP AP AP N b. Billboards subject to regulations and standards contained in Chapter 21.54.
     14.3 Vocational schools (SIC code 824) Y Y Y Y c. For temporary use regulations, see Chapter 21.53.
     14.4 Job training and vocational rehabilitation (SIC code 833) C C C C
     14.5 Daycare facilities (SIC code 835) C C C C
     14.6 Museums (SIC code 841) Y Y Y Y
     14.7 Billboards* (outdoor advertising) C C C C b. Billboards subject to regulations and standards contained in Chapter 21.54.
     14.8 Temporary outdoor events and temporary construction offices* T T T T
     14.9 Vending carts AP AP AP N
    15. Alcoholic Beverage
    Manufacturing*
    (SIC code 208)*
    Y Y Y N a. *Subject to special development standards (see Section 21.45.114). Alcoholic Beverage Manufacturing and Accessory tasting room uses shall be permitted in all Planned Development (PD) Districts allowing Commercial uses, subject to Section 21.45.114.
     15.1 Accessory Tasting Room* A A A N

     

    NOTE: All uses are subject to performance standards as defined in Section 21.33.090.

    * =
    See "Notes and Exceptions" column.
    Y = Permitted by right.
    N = Not permitted.
    AP = Administrative use permit required.
    Y/AP = Either permitted by right or subject to administrative use permit review, depending upon criteria contained in Section 21.33.080.C.
    Y/C = Either permitted by right or subject to conditional use permit review, depending upon criteria contained in Section 21.33.080.C.
    C = Conditional use permit required.
    T = Temporary use. See Chapter 21.53.
    IP = Interim park use permit required. For special conditions see Chapter 21.52.

     

    The SIC uses are considered here primarily according to the operational characteristics involved in creating the product (e.g., slaughtering, manufacturing pulp, manufacturing industrial inorganic chemicals, petroleum refining) and the effects that these operations may have on nearby uses. The actual product created is of secondary importance. The requirement for a conditional use permit does not presuppose that a proposed use will present adverse impacts, but that the public should be informed of the proposed use and be given the opportunity to comment on the proposal at a public hearing.

( ORD-18-0015 § 3(Exh. C), 2018; ORD-17-0024 § 4(Exh. D), 2017; ORD-15-0010 § 2, 2015; ORD-13-0018 § 5(Exh. C), 2013; ORD-13-0022 § 3, 2013; ORD-13-0004 § 1, 2013; ORD-12-0006 § 4, 2012; ORD-11-0011 § 4(Exh. D), 2011; ORD-10-0033 § 1, 2010; Ord. C-7904 § 4, 2004; Ord. C-7550 § 8, 1998; Ord. C-7500 § 6, 1997: Ord. C-7399 § 7, 1996; Ord. C-7392 § 1, 1996; Ord. C-7378 §§ 15, 16, 1995; Ord. C-7360 § 3, 1995)