Bell City Zoning Code
CHAPTER 17
40 M MANUFACTURING ZONE
§ 17.40.010 Purpose.
In order to provide for the development of manufacturing areas and to maintain the integrity of existing manufacturing areas within the city, the regulations shall be applicable to all properties classified in zone M of this chapter.
(Prior code § 9400)
§ 17.40.020 Permitted uses.
No person shall use, or permit the use of any property zoned M except as herein provided:
A.
Principal Uses. Premises in the M zone may be used for the following principal uses:
1.
Any use permitted in zone C-3;
2.
Contractors equipment yards, storage, sales or service;
3.
Contractor or construction offices, shops and yards, including, but not limited to, the following:
Building,
Cement,
Electrical,
Heating, ventilating and air conditioning,
Masonry,
Painting,
Plumbing,
Refrigeration,
Roofing;
4.
Distributing plants, total storage capacity not to exceed 250,000 gallons;
5.
Engraving, machine metal engraving;
6.
Fabricating, other than snap riveting or any process used in bending or shaping metal which produces any annoying or disagreeable noise;
7.
Feed and fuel sales;
8.
Flour mills;
9.
Gases. Storage of the following gases are permitted, provided that the same is conducted in accordance with the provisions of all applicable laws, including, but not limited to, the Bell Municipal Code:
Acetylene,
Butane,
Oxygen;
10.
Ice and cold storage plants;
11.
Knitting mills;
12.
Laundries;
13.
Lumberyards;
14.
Machine shops;
15.
Machine storage yards (lathes, drop hammers, etc.);
16.
Manufacturing, compounding, assembling, processing, packaging or treatment which creates any of the following products:
Batteries,
Beds and bedsprings,
Brushes,
Candles,
Canvas,
Casein, the manufacture of casein products, excepting glue,
Cigars,
Cigarettes,
Clocks,
Coffins,
Cosmetics,
Cutlery,
Drugs,
Dry goods,
Electric or neon signs,
Engines, internal combustion or steam, which shall not include foundries,
Food products, except lards, pickles, sauerkraut, sausages or vinegar,
Furniture,
Furs,
Gloves,
Hearing equipment,
Ink,
Mattresses,
Motors, electric,
Musical instruments,
Phonograph records,
Prefabricated buildings,
Rugs,
Shoes,
Soap, cold mix only,
Statuary,
Store and other commercial fixtures,
Toys,
Type, printers,
Venetian blinds,
Wearing apparel, and garments;
17.
Manufacturing, compounding, assembly, packaging or treatment of articles or merchandise from any of the following materials:
Bone products,
Cellophane,
Cork,
Corrugated cardboard,
Feathers,
Fiber, including fiberglass,
Glass,
Hair,
Horn,
Iron, not including foundries,
Metal, products or precious metals; steel and brass stamp, including hand and machine engraving; metal fabricating, spinning and storage,
Paper, not including the manufacture of paper itself,
Plastics and synthetics,
Pottery,
Rope,
Rubber, fabrication of products made from finished rubber,
Textiles,
Wire,
Wood, including a planing mill,
Yarn;
18.
Medical cannabis (wholesale) distributor, indoor cultivation, manufacturer, and testing laboratory, subject to:
a.
Only in the Cheli district,
b.
Issuance and continuing maintenance of a valid commercial cannabis operation permit pursuant to Chapter 5.88, and
19.
Paints, paint mixing, provided a boiling process is not employed, no tank farm is permitted and above-surface thinner storage is limited to 200 gallons;
20.
Public utility uses, including:
Bus terminal, bus garages, bus lots,
Electric service yards and/or electric distribution and transmission substations,
Public utility service yards,
Railroad rights-of-way,
Water filtration plants,
Water pumping stations;
21.
Sand, gravel, fill dirt, topsoil sales and storage, not including a quarry operation;
22.
Sheet metal shop;
23.
Tile, wall and floor tile and related small products;
24.
Tinsmiths;
25.
Tire rebuilding, recapping and retreading;
26.
Trade schools;
27.
Transfer, moving and storage of furniture and household goods;
28.
Truck washing and cleaning;
29.
Telephone microwave relay towers and telephone transmitting equipment buildings;
30.
Welding shops;
31.
Warehousing, distribution and storage facilities;
32.
Wine storage and manufacture;
33.
Any similar enterprises or business or other enterprises or businesses which the commission finds, by clarification of ambiguity, are similar to, and compatible with, the uses enumerated in this section.
B.
Accessory Uses. Property zoned M may be used for accessory uses, provided that such uses are incidental to, and do not substantially alter the character of, any permitted principal use, including, but not limited to:
1.
Accessory uses, buildings or structures;
2.
Building materials, storage of, only when used in construction of a building or structure and then only during the construction and for 30 days thereafter, including the contractor's temporary office, provided that any such accessory use shall be located on the lot where the building project is taking place or on a lot abutting the construction site;
C.
Temporary Use Permits. Premises in the M zone may be utilized for activities for which a temporary use permit is required.
(Ord. 1000; Ord. 1226 § 4, 2017; Ord. 1269 § 8, 2021)
§ 17.40.030 Limitations on permitted uses.
Every use in any M zone shall comply with the following:
A.
All uses shall be conducted within a completely enclosed building except for those uses which are customarily conducted in the open, such as the sale of cars, boats and recreational vehicles, as determined by the planning commission pursuant to Section 17.04.090 of this code.
B.
All outdoor storage permitted under subsection A of this section shall be maintained in an area of a lot, approved by the director, completely enclosed by a view-obscuring fence or wall and paved with macadam or asphaltic pavement in accordance with adopted city standards therefor. Surfacing of such area shall be designated, constructed and maintained so as to dispose of all surface water.
C.
All outdoor sales permitted under subsection A of this section shall be limited to commodities sold at retail on the premises.
D.
Any manufacturing use which uses or produces hazardous materials, petroleum products, greases or oils shall be required to install and maintain an interceptor or clarifier and shall dispose of such hazardous materials, petroleum products, greases and oils only in accordance with applicable local state and federal law. All pre-existing manufacturing uses not in compliance with this subsection shall be required to comply with this section within 90 days of the effective date of the ordinance enacting this provision.
(Prior code § 9400a; Ord. 1129, 1997)
§ 17.40.040 Development standards.
The following development standards shall be applicable to each use, building or structure located in the M zone, except as hereinafter set forth:
B.
Yards. The following yard areas shall be required and observed, on all M zoned properties:
1.
Front Yards. No front yard shall be required, except that where permitted driveways enter the front wall of a building, that portion of such front wall shall be located not less than 20 feet from the front lot line.
2.
Side Yards. In the M zone every lot shall have and maintain side yards as follows:
a.
Each lot classified in zone M which has a side lot line abutting any lot located in any of the R zones, shall have and maintain, a side yard area of not less than 10 feet in width on the side adjoining such residentially zoned lot.
b.
Where a permitted driveway enters the side wall of a building, that portion of such side wall shall be located not less than 20 feet from the side lot line of the lot upon which located.
3.
Rear Yards. Each lot in the M zone the rear lot line of which separates the same from any lot located in an R zone, shall have and maintain a real yard area not less than 10 feet in depth. Each M zoned lot, the rear lot line of which is separated from a residentially zoned lot by a public alley, shall maintain a rear yard not less than five feet in depth.
C.
Buildings.
1.
Height. No building or structure in the M zone shall exceed a height of 70 feet; provided that where a lot in the M zone has one or more common lot lines with a lot zone R-1, no building or structure on such M zoned lot, located within 50 feet of such common lot line, shall exceed a maximum height permitted for buildings or structures in the R-1 zone.
2.
Building Bulk. Buildings, including accessory buildings and structures, may cover all of the area of any lot in the M zone, except for required yard areas, and areas required for off-street parking facilities.
D.
Off-Street Parking. Each lot in the M zone shall have and maintain off-street parking facilities, as may be required by Chapter 17.76 of this code.
E.
Loading. Each lot classified in the M zone shall have and maintain such loading facilities, as may be required by Chapter 17.76 of this code.
F.
Required Walls. Each lot in the M zone, which has a common side or rear lot line with any R zoned property, shall have and maintain a solid masonry wall not less than six feet in height, in and along all such side and rear lot lines. Any such fence so required which is adjacent to the side of a required front yard area on the adjoining R zoned property, shall conform to the height regulations applicable to front yard areas in such R zoned property.
G.
Trash Facilities.
1.
Each lot in the M zone shall be provided with facilities for the storage and collection of trash as follows:
a.
All outside trash and garbage collection areas shall be enclosed by a view-obscuring wall or fence, not less than six feet in height, so that the contents thereof are not visible from any public street or adjacent R zoned property; except that such enclosures shall not be required if such trash and garbage is kept in substantial metal containers, with close-fitting lids.
b.
All trash, rubbish and garbage receptacles shall be regularly cleaned, inspected and maintained in a clean, safe and sanitary condition.
c.
All trash storage areas shall be located for convenient vehicular access for pickup and disposal.
2.
All existing uses, buildings and structures which do not comply with the provisions of this subsection as of the effective date of the ordinance codified in this section, shall so comply within 12 months after such effective date.
H.
Compressors, Motors, Etc.
1.
Each lot in the M zone which has, as an accessory to a permitted use, compressors, air conditioning units or similar machinery, located outside of the exterior walls of any building, shall comply with the following:
a.
All such mechanical equipment shall be enclosed within a permanent noncombustible enclosure subject to the approval of the building inspector and subject to all yard area regulations.
b.
All such mechanical equipment shall be maintained in a clean and proper condition to prevent a collection of litter and filth and to avoid the emission of unnecessary noise, dust or fumes.
2.
All existing uses, buildings and structures which do not comply with the provisions of this subsection as of the effective date of the ordinance codified in this section, shall so comply within 12 months after such effective date.
I.
Exceptions. Any use, building or structure which is in existence or for which a building permit has been issued, as of the effective date of the ordinance codified in this section, and which as of such date, conformed to all zoning regulations of the city then in effect, shall not be rendered nonconforming within the meaning of Chapter 17.100 of this code, solely by reason of the application of the development standards, as set forth in this section, thereto; provided that any such existing use, building or structure, in case of expansion or reconstruction, shall, as to that portion thereof, comply with the provisions of this section.
(Ord. 988; Ord. 1129, 1997)
§ 17.40.050 Site plan review.
Prior to submission of plans to the building department, for an application for a building permit for any building or structure in the M zone, the applicant shall comply with the provisions of Chapter 17.92 of this code with regard to site plans.
(Prior code § 9404; Ord. 1221 § 6, 2017)
§ 17.40.060 Exemption of existing uses.
Notwithstanding any provision of this code to the contrary, any building and/or structure located on any M zoned lot or for which building permits have been issued which: (1) was in existence or for which building permits have been issued as of the fourth day of August, 1969; and (2) conformed to the zoning regulations of the city in effect as of such date; and (3) would otherwise be rendered nonconforming solely by reason of the application thereto of Sections 17.40.040 and 17.40.050 shall not be deemed to have acquired a nonconforming status, within the meaning of Section 17.08.010 of this code, provided:
A.
That any new use, building or structure, proposed to be located on such lot shall comply with all of the regulations contained in this title to such proposed new use, building or structure; and
B.
That the exemption granted in this section shall not apply to any building, or structure which is damaged or destroyed, by any cause, to the extent that the cost of reconstruction or rehabilitation thereof would exceed an amount equal to the then-assessed value of such building or structure, as estimated by the city's building official, for building permit purposes.
(Prior code § 9405)