As used in this chapter, the term INDUSTRIAL PARK means a development wherein, in accordance with an approved development plan, various individual businesses, both industrial and commercial, will coexist and share in the costs of providing utilities and services to the development.

(1960 Code, § 60-5-1) (Ord. 4674, passed 9-18-1989)

   This chapter authorizes the development of industrial parks and establishes procedures in order to achieve the objectives enumerated in § 162.001 of this chapter and the following additional objectives:

   (A)   To provide a regulatory mechanism whereby the city can be assured that upon completion, approved development projects will substantially conform to the plans which constitute the basis for the city’s issuance of necessary zoning, subdivision and/or building permits;

   (B)   To permit development of a wide variety of structures and uses in a single comprehensive planned project;

   (C)   To encourage innovative site layouts and coordinated architectural treatment of different structures;

   (D)   To ensure the provision of various amenities serving all residents within the industrial park;

   (E)   To facilitate the economical installation of standard streets, sewers, utilities and other improvements; and

   (F)   To assure that common standards of appearance, landscaping, loading and storage, signage and waste management will be followed by all residents within the industrial park.

(1960 Code, § 60-5-2) (Ord. 4674, passed 9-18-1989)

   Important: except as specifically provided otherwise in this section, industrial parks, including all structures and uses therein, shall, at a minimum, be built in conformity with all applicable codes and ordinances including, but not limited to, this chapter, Ch. 150, 151, 152, 155 and 161 of this code of ordinances.

(1960 Code, § 60-5-3) (Ord. 4674, passed 9-18-1989) Penalty, see § 162.999

   Industrial parks may be built in zoning districts C-1, C-2, C-3, C-4, C-5, D-1 and D-2, but only upon the issuance of special use permit.

(1960 Code, § 60-5-4) (Ord. 4674, passed 9-18-1989)

   Industrial parks constructed under special use permits under this chapter shall comply with the following additional regulations which shall take precedence if in conflict with other provisions of this chapter.

   (A)   Building lines. No building or structure shall be erected closer than 75 feet to the front lot line.

   (B)   Loading docks. Truck loading docks shall be constructed only on the side or rear of any building or structure, and the traffic area shall be paved. Truck loading docks shall be located so as to accommodate all trucks and trailers without requiring maneuvering or protrusion into any public street during the time of loading and unloading.

   (C)   Outdoor storage. All raw materials and finished goods must be stored within the developer’s structure. Whenever temporary, open storage of any type of material, goods, equipment or supplies is necessary, such open storage shall be contained within a fenced area at least six feet in height, and so constructed to prevent the storage items from being seen from any public road.

   (D)   Signage. No billboards or advertising signs other than those identifying the name, business and primary product being produced on that land shall be permitted. All signs shall comply with Ch. 155 of this code of ordinances.

   (E)   Waste and refuse. No waste material or refuse shall be dumped on or permitted to remain on any part of the property outside of the buildings constructed thereon.

   (F)   Landscaping and grounds maintenance. All unpaved land between the front of the building and the front property line shall be landscaped. All landscaped and grass areas shall be maintained at all times by the developer or assignee in a clean, presentable and safe condition. The developer or assignee of the property shall be fully responsible at all times for the removal of undergrowth, debris, rubbish, trash, excessive dirt, industrial waste, garbage or any other unsightly materials.

   (G)   Fencing and screening. All fencing and screening, for security or other purposes, shall be attractive in appearance and shall be of an all metal, industrial type of galvanized or non-ferrous material. No fence, masonry wall, hedge or mass planting shall be permitted to extend beyond the building set back lines set forth above.

(1960 Code, § 60-5-5) (Ord. 4674, passed 9-18-1989) Penalty, see § 162.999

   (A)   General. Every applicant for Industrial Park approval shall comply with the procedural requirements of this section. The required procedures are as follows:

      (1)   Filing development plan with the Administrator;

      (2)   Provision by the developer of adequate assurance for the completion of required improvements as per the development plan;

      (3)   Review of the development plan by the Zoning Board of Appeals;

      (4)   Public hearing by the Zoning Board of Appeals as per the requirement of §§ 162.515 through 162.520 of this chapter;

      (5)   Recommendation by the Zoning Board of Appeals to the City Council regarding approval/rejection of the development plan; and

      (6)   Action by City Council on the development plan.

   (B)   Application, information required. Every applicant applying for approval of an industrial park development plan shall submit to the Administrator, in narrative and/or graphic form, the items of information listed below.

      (1)   Written documents.

         (a)   Legal description of the total site proposed for development;

         (b)   Names and addresses of all owners of property within or adjacent to the proposed industrial park;

         (c)   Statement of the planning objectives to be achieved by the industrial park through the particular approach proposed by the applicant, including a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

         (d)   Development schedule indicating the approximate date when construction can be expected to begin and be completed; and

         (e)   Statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the industrial park.

      (2)   Graphic materials.

         (a)   Existing site conditions including contours at ten-foot intervals and locations of watercourses, floodplains, unique natural features and wooded areas;

         (b)   Proposed lot lines and plot designs;

         (c)   Location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semi-public uses;

         (d)   Existing and proposed vehicular circulation system, including off-street parking and loading areas and major points of ingress and egress to the development (notations of proposed ownership, public or private, should be included where appropriate);

         (e)   Existing and proposed pedestrian circulations system, including its relationship to the vehicular circulation system and proposed treatments of points of conflict;

         (f)   Existing and proposed utility systems including sanitary sewers, storm sewer and water, electric, gas and telephone lines;

         (g)   General landscape plans indicating the treatment of both private and common open spaces and the location of required buffer stipes;

         (h)   Enough information on land areas adjacent to the proposed industrial park to indicate the relationships between the proposed development and existing and proposed adjacent areas; and

         (i)   Any additional information required by the city to evaluate the character and impact of the proposed industrial park.

   (C)   Advisory report, criteria considered. The Zoning Board of Appeals shall submit to the Council a written advisory report concerning acceptance/rejection of the development plan. In deciding what its advice should be, the Zoning Board of Appeals shall consider the following criteria:

      (1)   The extent to which the proposed development is consistent with the city’s Comprehensive Plan and with the purposes of this section and of all other applicable codes and ordinances;

      (2)   The extent to which the proposed development deviates from the regulations that are generally applicable to the property (including but not limited to, the use and lot and building regulations of the district), and the apparent merits (if any) of said deviations;

      (3)   Whether the proposed design of the industrial park makes adequate provisions for vehicular and pedestrian circulation, off-street parking and loading;

      (4)   The compatibility of the proposed industrial park with adjacent properties and surrounding area; and

      (5)   Any other reasonable criteria that the Zoning Board of Appeals may devise.

   (D)   Decision by Council. After the Zoning Board of Appeals has submitted its advisory report, the Council, by resolution, either approves or disapproves the industrial park development plan. The Council shall not approve any development plan unless:

      (1)   The developer has posted a performance bond or deposited funds in escrow in the amount the City Engineer deems sufficient to guarantee the satisfactory completion of all required improvements; and

      (2)   The City Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and

      (3)   The proposed industrial park, as evidenced by the development plan, complies with all applicable codes and ordinances. (Deviations to the extent permitted under § 162.399(D) shall not be deemed non-compliance.)

(1960 Code, § 60-5-6) (Ord. 4674, passed 9-18-1989)

   (A)   No changes shall be made to any approved industrial park development plan, except as follows:

      (1)   Minor changes if required by engineering or other circumstances not foreseen at the time the final development plan was approved; and

      (2)   All other changes shall require a public hearing before the Zoning Board of Appeals and a resolution by the Council.

   (B)   No approved change shall have any effect until it is recorded with the County Recorder of Deeds as an amendment to the recorded copy of the development plan.

(1960 Code, § 60-5-7) (Ord. 4674, passed 9-18-1989)

   (A)   If a substantial amount of construction has not begun within the time stated in the approved construction schedule, the development plan shall lapse upon written notice to the applicant from the Council and shall be of no further effect. However, in its discretion and for good cause, the Council may extend for a reasonable time the period for the beginning of construction.

   (B)   If a final development plan lapses, as per this section:

      (1)   The special use permit shall be automatically revoked;

      (2)   Any building permits shall automatically become null and void; and

      (3)   All regulations applicable before the industrial park was approved shall automatically be in full effect.

(1960 Code, § 60-5-8) (Ord. 4674, passed 9-18-1989)