Carbon Hill City Zoning Code
ARTICLE VI
Manufacturing District
§ 330-30 Preamble.
The regulations of the Manufacturing District are designed to provide for the establishment of industrial and allied activities and to govern their operations in a manner that will not have a deleterious effect on nearby agricultural, residential, or business areas.
§ 330-31 M1 Manufacturing District provisions.
A.
Prohibited uses. No activities involving the manufacture of materials or products which decompose by detonation shall be permitted. Such materials shall include, but shall not be limited to, all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN, picric acid; propellants and components thereof such as nitrolcellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.
B.
Operations within enclosed buildings. All activities involving the manufacturing, fabricating, processing, assembling, disassembling, repairing, cleaning, servicing and testing of materials, products, and goods shall be conducted within completely enclosed buildings, and outdoor storage areas shall be effectively screened by a solid wall, uniformly painted solid fence or chain link fence with dense plantings of trees and shrubs, and provided the open storage is not of a greater height than that of the enclosing fence or wall. Outdoor storage of uncontained bulk materials capable of becoming airborne, such as coal, sand, sulfur, etc., is prohibited.
C.
Performance standards. Any use established in the Manufacturing District after the effective date of this chapter shall be so operated as to comply with the performance standards governing : 1) noise; 2) vibration; 3) smoke and particulate matter; 4) toxic matter; 5) odorous matter; 6) fire and explosive hazards; 7) glare; and 8) radiation hazards , as set forth hereinafter for the district in which use shall be located.
D.
Permitted uses.
(1)
Any establishment the principal use of which is manufacturing, fabricating, processing, assembling, disassembling, repairing, cleaning, servicing, testing and storing of materials, products, and goods provided operations conform with the performance standards and other general requirements applicable to this district.
(2)
Agriculture.
(3)
Building material sales and storage, including milling, planning, jointing, or manufacture of millwork.
(4)
Contractor's offices and shops.
(5)
Dwelling units for watchmen and operating personnel and their families when the nature of operations require such personnel to reside on the premises where they are employed.
(6)
Fuel and ice retail sales and storage.
(7)
Greenhouses, including retail and wholesale sales of plants, and produce.
(8)
Monument establishments, including accessory open sales lots.
(9)
Offices.
(10)
Parking lots and storage garages.
(11)
Printing and publishing establishments.
(12)
Public open space.
(13)
Public utility, governmental service and similar uses as follows:
(a)
Electric distribution centers and substations.
(b)
Compressor stations, well head stations, well separators and other similar above-the-ground facilities customarily used for the distribution of natural gas as a part of the operations of a natural gas company or nonexempt operations of a public utility company.
(c)
Gas regulator stations.
(d)
Public utility and governmental service establishments, other, including offices, storing, testing, repairing, and servicing.
(e)
Radio and television towers (no limit on height of towers).
(f)
Railroad rights-of-way and passenger stations.
(g)
Telephone exchanges, micro-wave relay towers and telephone transmission equipment and other such service buildings (no limit on height of towers).
(h)
Water filtration plants, pumping stations, and reservoirs, and sewage treatment plants and lift stations, public or community.
(14)
Research laboratories.
(15)
Schools, commercial or trade.
(16)
Training centers, engineering or sales.
(17)
Wholesale establishments.
(18)
Accessory uses to the above-permitted uses.
E.
Floor area ratio: not to exceed 0.6.
F.
Yards. Yards shall be provided in accordance with the following:
(1)
Front yard: not less than 40 feet in depth.
(3)
Rear yard: not less than 25 feet in depth, except when adjoining a railroad right-of-way the rear yard may be measured from the center line of the railroad right-of-way, and except when adjoining a Residence District the rear yard shall be not less than 40 feet in depth.
G.
Signs. Signs are permitted, subject to the following conditions:
(1)
One sign affixed flat against a building wall and one ground sign facing each street frontage shall be permitted. All signs may be illuminated by nonflashing direct or indirect illumination arranged in such a manner that direct rays of light are not beamed onto adjoining lots or streets. Signs affixed against building walls may project therefrom not more than 18 inches and shall not project higher than four feet above building height. Ground signs shall be located not less than 20 feet from a lot line, and shall not project higher than 20 feet above ground grade level.
(2)
The gross area in square feet of all signs on a lot shall not exceed four times the lineal feet of street frontage of such lot.
(3)
Signs located in direct line of vision of any traffic control signal shall not have illumination of red, green or amber color.
§ 330-32 M2 Manufacturing District provisions: adult businesses.
A. ADULT BOOK STORE ADULT ENTERTAINMENT CABARET ADULT ENTERTAINMENT CENTER ADULT GIFT SHOP ADULT MOTION PICTURE THEATER APPLICANT MASSAGE MASSAGE ESTABLISHMENT SPECIFIC ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES
Definitions. The following words and phrases shall have the following meanings ascribed to them respectively:
An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the display or sale of such material.
A public or private establishment which may or may not be licensed to serve food and features topless dancers and/or waitresses, strippers, male or female impersonators, or similar entertainers.
An enclosed building with a capacity for less than 50 persons used for presenting motion picture films, videocassettes, cable television or any other such visual media for observations by patrons there, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities as hereafter described:
An establishment having as a substantial or significant portion of its stock-in-trade pictures, photographs, drawings, paraphernalia, apparatus or other objects which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment of or section devoted to the sale or display of such material.
An enclosed building or drive-in theater used for presenting motion picture films, videocassettes, cable television or any other such visual media for observation by patrons there, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities as stated above.
The applicant for a license shall be the intended operator of the business.
Any method or pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulation of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
An establishment having a fixed place of business where any person, firm, associations, or corporation engages in, or carries on, or permits to be engaged in the act of massage hereafter defined as:
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and human male genitals in a discernible turgid state, even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy: Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
C.
License required. It shall be unlawful for any person to open, maintain, operate, conduct or permit to be operated, on, in or upon any premises in the Village of Carbon Hill, an adult business, without first having obtained a license from the Village Clerk.
D.
Limitation on adult businesses. Adult businesses shall be permitted use in an M2 Manufacturing District subject to the following limitations, and no application shall be approved for a business which:
(1)
Is located within 1,000 feet of an existing school, church or residence.
(2)
Is located within 1,000 feet of another establishment already a business defined hereunder or already licensed hereunder.
(3)
Has more than one outdoor sign advertising its existence or location.
(4)
Has an outdoor sign exceeding ten-foot in length or three-foot in width.
(5)
Has an outdoor sign which contains any emphasis, either by wording or picture or otherwise, of matters relating to sexual activities.
(6)
Displays this stock-in-trade or adult businesses to the public view from outside the establishment.
(7)
Fails to post a notice at its door that persons under the age of 21 is forbidden.
(8)
Has the consumption or sale of alcohol on this premises.
(9)
Is located in a building structure which contains other business that sells or dispenses in some manner alcoholic beverages.
(10)
When the applicant, or any other person(s) listed on the application has been convicted of a felony or crime of dishonesty or moral turpitude.
(11)
When the applicant, or any other person(s) listed on the application has violated any ordinances of the Village, or had any similar license revoked by the Village, or any other county or municipality within the previous five years.
(12)
Is not owned or operated by a U.S. Citizen or lawfully admitted resident alien.
E.
Application; fee. Every applicant for a license to open, maintain, operate or conduct an adult business shall file an application in duplicate with the Village Clerk and pay a nonrefundable funding fee as set from time to time by the Board of Trustees. Annual license renewal fee, as set from time to time by the Board of Trustees, shall be payable prior to the issuance of said license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
(1)
Within 30 days after receiving the application, the Village Clerk shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the applicant shall be advised in writing whether the application is granted or denied.
(2)
Failure or refusal of the applicant to give any information relevant to the investigation or the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any investigation required shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial of this application.
F.
Content of application for license. The application for such licenses shall contain the exact name and address of the applicant and the following information about the applicant and any partner or limited partner or a partnership applicant, and any officer or director of a corporate applicant any stockholder owning more than 5% of the stock of a corporate applicant, and any employee of this applicant who will work on the premises. All applications shall contain the following information:
(1)
Name and address.
(2)
Written proof that the individual is at least 21 years of age.
(3)
All residential addresses for the past five years.
(4)
The business, occupation or employment of the applicant for the five years immediately preceding the date of the application.
(5)
A statement of all similar businesses ever owned or participated in by an applicant including a statement as to whether the applicant has ever held a similar license from any other county or municipality and details of any revocation of any such license.
(6)
The address and legal description of the parcel of land on which the business is to be located.
(7)
The name under which the business is to be operated and a general description of the services to be provided.
(8)
Whether the applicant has been convicted of any felony within the last 10 years of any criminal offense, including controlled substances, moral turpitude, prostitution, obscenity or any other crime of sexual nature.
G.
Accompaniments to the application. The application shall be accompanied by the following:
(1)
Payment in full of a fee as set from time to time by the Board of Trustees for an original application or for a renewal application as applicable, which fee shall not be refundable under any circumstances;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
(2)
A certified copy of the assumed name certificate if the business is to be operated under an assumed name;
(3)
If the business is a state corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(4)
If the business is a foreign corporation, a certified copy of the certificate of authorization to transact business in this state, together with all amendments thereto;
(5)
If the business is a limited partnership formed under the laws of the state, a certified copy of the certificate of limited partnership, together with all amendments thereto;
(6)
If the enterprise is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto;
(7)
If the premises are leased or being purchased under contract, a copy of such lease or contract shall accompany the application.
H.
Suspension or revocation of license for adult business. Any license issued for an adult business may be revoked or suspended by the Mayor if the Mayor shall find:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
(1)
That the licensee has violated any of the provisions of this chapter regulating adult uses.
(2)
That the licensee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this chapter or knowingly caused or suffered another to furnish or withhold such information on his or her behalf.
(3)
That the licensee shall be responsible for the acts of his agents, servants and employees provided, however, that in the case of a first offense by a licensee where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Mayor shall find that the licensee had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual constructive knowledge.
(4)
The Mayor before revoking or suspending any license shall give the licensee at least 10 days' written notice of the charges against him or her. The licensee may within five days of receipt of said notice request a public hearing before the Mayor at which time the licensee may present evidence bearing upon the question. Any notice by the Mayor may be delivered personally to the licensee or be posted on the premises of the establishment being used for an adult business.[1]