The provisions of this chapter shall be known as the M-40 heavy industrial zone regulations. The M-40 zone is intended to create, preserve, and enhance areas containing manufacturing or related establishments which are potentially incompatible with most other establishments, and is typically appropriate to areas which are distant from residential areas and which have extensive rail or shipping facilities. These regulations shall apply in the M-40 zone. (Prior planning code § 5800)

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Local Register Property, Residential Facility, Mixed Use Development, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11904 §§ 5.73 (part), 5.74 (part), 1996: prior planning code § 5802)

The following activities, as described in the use classifications in Chapter 17.10, are permitted:
A. Civic Activities:

Essential Service

Limited Child-Care

Nonassembly Cultural

Administrative

Utility and Vehicular, but excluding communications equipment installations and exchanges

Telecommunications
B. Commercial Activities:

General Food Sales

Convenience Market

Convenience Sales and Service

Mechanical or Electronic Games, subject to the provisions of Section 17.102.210C

Medical Service

General Retail Sales

General Personal Service

Consultative and Financial Service

Administrative

Business and Communication Service

Retail Business Supply

Research Service

General Wholesale Sales

Construction Sales and Service

Automotive Sales, Rental, and Delivery

Automotive Servicing

Automotive Repair and Cleaning

Automotive Fee Parking

Transport and Warehousing, except as provided in Section 17.102.210F

Scrap Operation, except as provided in Section 17.102.210F
C. Manufacturing Activities:

Custom

Light

General, except electroplating activities
D. Agricultural and Extractive Activities:

Plant Nursery

Crop and Animal Raising
E. Off-street parking serving activities other than those listed above, subject to the conditions set forth in Section 17.102.100. (Ord. 12147 § 3 (part), 1999; Ord. 11956 § 7, 1996; Ord. 11904 § 5.65 (part), 1996; Ord. 11889 § 2, 1996: Ord. 11854 § 13, 1996; prior planning code § 5803)

The following activities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:
A. Civic Activities:
Community Assembly
Community Education
Extensive Impact
Utility and Vehicular (communications equipment installations and exchanges, only)
Special Health Care Civic Activities
B. Commercial Activities:
Fast-Food Restaurant
Alcoholic Beverage Sales
Consumer Laundry and Repair Service
Group Assembly
Animal Care
C. Manufacturing Activities:
General, electroplating activities subject to the provisions of Section 17.102.340
Heavy
Small Scale Transfer and Storage Hazardous Waste Management when located a minimum of 2,000 feet from a Residential Facility; such facilities when located within 2,000 feet of a Residential Facility are not permitted
Industrial Transfer/Storage Hazardous Waste Management when located a minimum of 2,000 feet from a Residential Facility; such facilities when located within 2,000 feet of a Residential Facility are not permitted
D. Agricultural and Extractive Activities:
Mining and Quarrying
E. Additional activities which are permitted or conditionally permitted in an adjacent zone, on lots near the boundary thereof, subject to the conditions set forth in Section 17.102.110. (Ord. 12450 § 17, 2002; Ord. 12147 § 3 (part), 1999; Ord. 12072 § 10, 1998; Ord. 11889 § 3, 1996: Ord. 11854 § 14, 1996; prior planning code § 5804)

The following facilities, as described in the use classifications in Chapter 17.10, are permitted:
A. Nonresidential Facilities:
Enclosed
Open
Drive-In
B. Signs:
Special
Development
Realty
Civic
Business
C. Telecommunications:
Micro
Mini
Macro
Monopole Tower
(Ord. 12021 § 10, 1997; Ord. 11904 § 5.67 (part), 1996; prior planning code § 5805)

The following facilities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:
A. Nonresidential Facilities:
Drive-Through
If the agreement referenced under Section 17.104.060 expressly requires a conditional use permit then a conditional use permit shall be required for the following:
B. Signs:
Advertising
(Ord. 12425 § 2 (part), 2002; Ord. 12234 § 2, 2000; prior planning code § 5806)

A. Administrative Activities, Medical Service, and Consultative and Financial Service. The total floor area devoted to Administrative Civic Activities or Administrative, Medical Service, or Consultative and Financial Service Commercial Activities on any single lot shall not exceed fifteen thousand (15,000) square feet, except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.
B. General Retail Sales and General Personal Service. The total floor area devoted to General Retail Sales or General Personal Service Commercial by any single establishment shall not exceed three thousand (3,000) square feet, except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.
C. Certain Establishments Selling Alcoholic Beverages or Providing Mechanical or Electronic Games. See Section 17.102.210.
D. Scrap Operations.
1. No Scrap Operation Commercial Activity shall be located within four hundred (400) feet from the boundary of any other zone except the M-30 zone, except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.
2. The following regulations shall apply to all Scrap Operation Commercial Activities in the M-40 zone which are not subject to the requirement for a conditional use permit. Except for accessory off-street parking, landscaping, and screening, said activities shall be conducted entirely within an enclosed building or behind a solid lumber, masonry, or sheet metal fence or wall not less than ten feet high, subject to the standards for required landscaping and screening in Chapter 17.124. All openings in such fence or wall shall be equipped with solid gates or doors of the same height as the fence or wall, and said gates or doors shall be kept securely closed at such times as the establishment is not open for business. Open storage of vehicles and other scrap material shall not exceed twenty (20) feet in height.
3. See Sections 17.72.090 and 17.102.210F. (Ord. 11956 § 8, 1996; prior planning code § 5808)

See Section 17.102.230. (Prior planning code § 5809)

A conditional use permit for a hazardous waste management activity may be granted only upon determination that the proposed development conforms to the general use permit criteria set forth in the conditional use permit procedure at Chapter 17.134 and to all of the following use permit criteria:
A. That the project is not detrimental to the public health, safety or general welfare of the community;
B. That the project is or will be adequately served by roads and other public or private service facilities;
C. That the project is consistent with the regional fair-share facility needs assessment and siting criteria established in the Alameda County Hazardous Waste Management Plan;
D. That the cumulative effects of locating the project within the proposed area have been analyzed and where applicable, measures that minimize adverse impacts to the surrounding community have been incorporated into the project. (Ord. 12072 § 11, 1998)

No facility accommodating an Automotive Servicing or Automotive Repair and Cleaning Commercial Activity that is located within one hundred fifty (150) feet of any residential zone boundary shall be constructed or established, or altered or painted a new color in such a manner as to affect exterior appearance, unless plans for such a proposal shall have been approved pursuant to the design review procedure in Chapter 17.136. (Ord. 12240 § 7, 2000)

A. General Limitations. All Signs shall be subject to the applicable limitations set forth in Sections 17.104.020 and 17.104.060. (Ord. 12606 Att. A (part), 2004: Ord. 12425 § 2 (part), 2002; Ord. 12234 § 3, 2000; prior planning code § 5813)

Every lot shall have a minimum frontage of twenty-five (25) feet upon a street, except as this requirement is modified by Section 17.106.020. (Prior planning code § 5814)

Except as provided in Chapter 17.128, no general maximum height is prescribed, except that the height of facilities shall be limited, as prescribed in Section 17.108.010, on lots lying along a boundary of any of certain other zones. But see Section 17.72.090 for maximum height of Signs, and Section 17.108.130 for maximum height of facilities within minimum yards and courts. (Ord. 11904, § 5.72, 1996: prior planning code § 5819)

No yards are generally required except as indicated below. The following minimum yards shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130:
A. Front Yard. A front yard shall be provided, as prescribed in Section 17.108.040, in certain situations where part of the frontage on the same side of a block is in a residential zone.
B. Side Yard--Street Side of Corner Lot. A side yard shall be provided, as prescribed in Section 17.108.070, on the street side of a corner lot in certain situations where a lot to the rear of the corner lot is in a residential zone.
C. Side Yard--Interior Lot Line. A side yard shall be provided, as in Section 17.108.090, along an interior side lot line lying along a boundary of any of certain other zones.
D. Rear Yard. A rear yard shall be provided, as in Section 17.108.100, along an interior side lot line lying along a boundary of any of certain other zones. (Prior planning code § 5820)

All uses shall be subject to the applicable requirements of the buffering regulations in Chapter 17.110 with respect to screening or location of parking, loading, and storage areas; control of artificial illumination; and other matters specified therein. See also Section 17.72.070(D). (Prior planning code § 5822)

A. Parking and Loading. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116.
B. Nonconforming Uses. Nonconforming uses and changes therein shall be subject to the nonconforming use regulations in Chapter 17.114.
C. General Provisions. The general exceptions and other regulations set forth in Chapter 17.102 shall apply in the M-40 zone.
D. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in M-40 zone. (Amended during 1997 codification; Ord. 11807 § 4 (part), 1995; prior planning code § 5824)