The manufacturing districts set forth herein are established to protect public health, safety, comfort, convenience and the general welfare, and to protect the economic base of the city, as well as the value of real estate, by regulating manufacturing development in appropriate locations. These general objectives include, among others, the following specific objectives:

(1)

To protect established residential areas and the health of families living therein, by restricting those nearby manufacturing activities which may create offensive noise, vibration, smoke, dust, odors, heat, glare, fire hazards and other objectionable influences to those areas which are appropriate therefor.

(2)

To provide adequate space in appropriate locations for most types of manufacturing and related activities so that the economic structure of the community may be strengthened, and that employment opportunities may be found in the interest of public prosperity and welfare.

(3)

To provide more space for manufacturing activities in locations accessible to rail and highways, so that the movement of raw materials, finished products and employees can be carried on efficiently and with a minimum danger to public life and property.

(4)

To establish proper standards of performance which will restrict obnoxious manufacturing activities, while at the same time encourage and permit the manufacturing activities which have adopted facilities for the processing of finished products without adversely affecting the health, happiness, safety, convenience and welfare of the people living and working in nearby areas.

(5)

To protect manufacturing districts from incompatible uses of land by prohibiting the use of such space for new residential development, thereby preserving the land for a more appropriate use in accordance with the plans for city improvement and development.

(6)

To promote the most desirable use of land in accordance with the comprehensive plan of the city, to conserve the use of property, to promote stability of manufacturing activities and related development, and to protect the character and established development in each area of the community; to enhance and stabilize the value of land and to protect the tax base of the city.

(Code 1994, § 5-10-1)

(a)

Permitted uses. The following shall be permitted uses in the M-1 Manufacturing District, Limited:

(1)

Since most uses permitted in this district will be in proximity to residential districts, it is declared that performance standards shall be high and that all manufacturing, processing, assembling, storage and distribution of materials and products must be carried on in a manner not injurious or offensive to occupants of adjoining premises by reason of the emission of odors, fumes, gases, dust, smoke, noise, vibrations, fire or other hazards. Therefore, the following uses are permitted; provided, however, that full compliance with the performance standards hereinafter set forth shall be established and constantly maintained: light manufacturing, fabricating, assembling, packaging, repairing, servicing and processing of materials, goods and products within fully enclosed permanent buildings. (Uses expressly prohibited in the M-2 district are excluded.)

(2)

The following uses also are expressly permitted, provided that all materials, goods and products stored or displayed on the property where the use has been established are located within a fully enclosed permanent building:

a.

Agricultural implement services and sales lots.

b.

Bottling plants, creameries and dairies.

c.

Laboratories.

d.

Public utility substations, distribution centers, gas regulator stations and underground gas holder stations.

e.

Warehouses and mini-storage facilities.

f.

Wholesale business establishments and warehouses.

g.

Lumber yards.

h.

Antennas which are to be installed on existing towers or other structures.

i.

On-premises automatic changeable copy signs up to 100 square feet in size that otherwise comply with the applicable requirements for on-premises automatic changeable copy signs set forth in the section 5-16-5(5)(m).

j.

Any use not listed above which is a permitted use in the B-3 Business Service District.

(b)

Special uses. The following uses may be allowed by special use permit in the M-1 district in accordance with the provisions of section 5-12-10:

(1)

Any use not listed above which is permitted in B-2 and B-3 districts.

(2)

Bulk storage, sale and distribution of flammable liquids, fats or oils in tanks.

(3)

Bus or truck garage, storage yard and terminal.

(4)

Open-air storage, sale and distribution of solid fuels or contractors' equipment, provided that all outdoor storage areas are fully enclosed by solid fencing or walls not less than nine feet in height and not nearer than 50 feet to any public street or highway right-of-way.

(5)

Airports and heliports.

(6)

Planned industrial developments as defined in chapter 13 of this title.

(7)

Junkyards or automobile wrecking yards, provided that all outdoor storage areas are fully enclosed by solid fencing or walls not less than nine feet in height and not nearer than 50 feet to any public street or right-of-way.

(8)

Storage of any materials which are not noxious, toxic, corrosive, explosive, or which constitute refuse as defined in article 9-2-1.

(9)

Off-premises signs as defined in chapter 16 of this title.

(10)

Towers complying with the provisions of title 4.

(11)

The outdoor storage or display of materials, goods or products outside of the boundary of a scenic area.

(12)

The outdoor storage or display of materials, goods or products within the boundary of a scenic area.

(13)

Certain construction activities within a steep slope zone in accordance with the provisions of chapter 15 of this title.

(14)

The siting and construction of a small wind energy conversion system which complies with the wind energy code.

(15)

On-premises automatic changeable copy signs, provided that all of the following conditions are met:

a.

The sign is a freestanding sign located on a parcel having an area of 30 acres or more.

b.

Any property line of the parcel is located within 200 feet of the right-of-way line of Interstate 74.

c.

The copy area of the sign does not exceed 672 square feet.

d.

Such other limitations as are necessary to minimize the adverse impact of the sign on either the public health, safety and welfare or on the quiet enjoyment of nearby property.

e.

The sign must comply with any and all standards imposed by title 4, chapter 7 which are not inconsistent with the conditions imposed in this subsection which authorizes automatic changeable copy signs.

(16)

Craft distilleries.

(17)

Electric fences constructed in accordance with title 4, chapter 18.

(18)

Medical cannabis cultivation center but only under the following conditions:

a.

No such cultivation center shall be located within 2,500 feet of a pre-existing public or private preschool, elementary or secondary school, day care center, licensed day care home, or licensed residential care home, as measured from building to building, or an area zoned for residential use. Learning centers and vocational or trade centers shall not be classified as a public or private school for the purposes of this section.

b.

No person shall reside in or permit any person to reside in a cultivation center.

c.

No person under the age of 18 years shall be allowed to enter a cultivation center unless accompanied by a parent or guardian.

d.

Drive-through services shall be prohibited.

e.

Outdoor seating areas shall be prohibited.

f.

Consumption of medical cannabis on the premises, including the parking area shall be prohibited.

g.

Hours of operation shall not be earlier than 8:00 a.m. and not later than 7:00 p.m.

h.

Any such cultivation center shall be operated in compliance with applicable federal, state and local laws and regulations.

(19)

Medical cannabis dispensing organization but only under the following conditions:

a.

No such dispensing organization shall be located within 1,000 feet of a pre-existing public or private preschool, elementary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for the purposes of this section.

b.

No dispensing organization shall be located in a house, apartment, condominium or physician's office.

c.

No person shall reside in or permit any person to reside in a dispensing organization.

d.

No person under the age of 18 years shall be allowed to enter a dispensing organization unless accompanied by a parent or guardian.

e.

Drive-through services shall be prohibited.

f.

Outdoor seating areas shall be prohibited.

g.

Consumption of medical cannabis on the premises, including the parking area shall be prohibited.

h.

Hours of operation shall not be earlier than 8:00 a.m. and not later than 9:00 p.m.

i.

Any such dispensing organization shall be operated in compliance with applicable federal, state and local laws and regulations.

(20)

The siting and construction of solar energy systems which under the solar energy code require a special use under the provisions of title 4, chapter 19.

(21)

Massage establishments but only under the following conditions:

a.

No such massage establishment shall be located within 1,000 feet of another massage establishment; and

b.

No such massage establishment shall be located in a building or structure which contains a business that sells or dispenses alcoholic beverages in any manner.

(22)

Limited processing and freezing of fish within a completely enclosed building, provided that such processing operations shall not emit noxious or offensive odors.

(23)

Low-emission incinerator with unit and on-site placement approved by the fire department prior to use. A low-emission incinerator is an incinerator that produces a reduced amount of smoke and particulate matter during the burning process by use of an air curtain or similar technology.

(24)

Changeable copy on-premises signs that are in excess of 100 square feet in size due to topography or adjacent road classification (freeway, divided highway).

(c)

Building heights. No building or structure in the M-1 district shall be erected or structurally altered to exceed a height of five stories, nor shall it exceed 70 feet in height, except as provided in chapter 4 of this title.

(d)

Yard area. No building in the M-1 district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building:

(1)

Front yard. There shall be a front yard having a depth of not less than 25 feet, wherein there shall be no structure of any kind, open storage of materials or equipment. Every corner lot on which a building is constructed shall have a front yard along each adjoining street.

(2)

Side yard. There shall be a minimum side yard of not less than 15 feet on both sides of the building, but where the property is adjacent to a residence district, there shall be a side yard of not less than 25 feet on the side nearest to residential lots. The parking of private automobiles may be permitted within the side yard areas but not closer than five feet to any lot zoned for residential use.

(3)

Rear yard. A rear yard is not required except where a lot abuts upon a residential district, in which case there shall be a rear yard of not less than 30 feet, and no storage of materials or equipment or the parking of automobiles shall take place within the ten feet closest to any residential lot.

(4)

Platted building setbacks. Under some circumstances, a building to be constructed or enlarged in the M-1 district will be located on a lot created by a recorded plat which contains or is subject to building setback or yard requirements which exceed the preceding front, side or rear yard requirements. Under such circumstances, the greater requirement shall apply.

(5)

Lot coverage. Not more than 60 percent of the area of a lot in the M-1 district may be covered by buildings or structures.

(e)

Performance standards. The following requirements shall apply in the M-1 district:

(1)

Noise. The sound pressure level of sound emitted from parcels located in the M-1 district, to be measured as described below, shall not exceed the following decibel levels in the designated octave bands when received and measured within the boundaries of parcels located in the designated types of use districts during the indicated time periods each day:

a.

Objectionable sounds of an intermittent nature which are not easily measured shall be controlled so as not to become a nuisance to adjacent uses.

b.

Method of measurement. Measurement is to be made at the boundary of any receiving parcel nearest to the parcel from which the sound is emitted or at any other point within the boundaries of the receiving parcel where the level is higher. The sound levels shall be measured with a sound level meter and associated octave band filter as prescribed by the American Standards Association.

(2)

Smoke and particulate matter. (See title 9, chapter 3 on air pollution.) The emission of smoke or dust by manufacturing plants in an amount sufficient to create a general nuisance to adjoining properties shall be prohibited. Total emission of smoke and particulate matter shall be limited. See title 9, chapter 3 for Ringelmann requirements.

Editor's note— Ringelmann defined; see section 5-2-2.

(3)

Odors. See title 9, chapter 3 and subsection 9-3-8(8).

(4)

Noxious gases. See title 9, chapter 3 and subsection 9-3-8(8).

(5)

Glare and heat. Operations producing intense light or heat shall be performed within an enclosed building and not be noticeable beyond any lot line bounding the property whereon the use is conducted.

(6)

Vibrations. There shall be no uses which create heavy, earthshaking vibrations which are noticeable at the property line of the subject premises.

(7)

Violation. The city may, at the direction of the city council, initiate proceedings before the state pollution control board or any other appropriate forum to assert alleged violations of the performance standards set forth in this subsection (e), or to assert violations of any other applicable regulations governing air pollution, water pollution, noise pollution or any other adverse environmental condition.

(f)

Conditional uses. The following conditional uses may be permitted in the M-1 district in specific situations in accordance with the procedures outlined in chapter 8 this title, as appropriate:

(1)

Adult-use cannabis dispensing organization;

(2)

Adult-use cannabis infuser organization;

(3)

Adult-use cannabis processing organization;

(4)

Adult-use cannabis transporting organization;

(5)

Adult-use cannabis craft grower;

(6)

Adult-use cannabis cultivation center.

(Code 1994, § 5-10-2; Ord. No. 2213, 9-1-1987; Ord. No. 2348, 2-27-1990; Ord. No. 2697, § 7, 1-18-1994; Ord. No. 2911, § 2, 1-21-1997; Ord. No. 2949, § 7, 6-10-1997; Ord. No. 2994, §§ 12, 13, 6-17-1997; Ord. No. 3334, §§ 2, 3, 3-19-2002; Ord. No. 3495, § 3, 4-6-2004; Ord. No. 3682, § 6, 4-4-2006; Ord. No. 3819, § 6, 7-8-2008; Ord. No. 3838, § 3, 10-7-2008; Ord. No. 3865, § 1, 3-17-2009; Ord. No. 4073, § 3, 12-4-2012; Ord. No. 4078, § 1, 1-15-2013; Ord. No. 4088, § 3, 2-5-2013; Ord. No. 4095, § 2, 4-2-2013; Ord. No. 4105, § 5, 4-30-2013; Ord. No. 4129, §§ 5, 6, 1-7-2014; Ord. No. 4137, § 3, 1-7-2014; Ord. No. 4231, § 2, 5-19-2015; Ord. No. 4354, § 4, 1-16-2018; Ord. No. 4433, § 2, 5-7-2019; Ord. No. 4454, § 5, 9-17-2019; Ord. No. 4465, § 2, 11-19-2019; Ord. No. 4499, § 1, 6-2-2020; Ord. No. 4664, § 1, 8-2-2022; Ord. No. 4766, § 2, 1-9-2024; Ord. No. 4807, §§ 4, 5, 8-6-2024)

(a)

Permitted uses.

(1)

The uses permitted in the M-2 Manufacturing District, General generally include those manufacturing and industrial activities which cannot be operated economically without creating some conditions which may be objectionable or obnoxious to the occupants of adjoining properties and for that reason must be grouped in areas where similar industrial uses are not located or where the permitted uses will be best located in accordance with the comprehensive plan of the city, which is designed to protect the welfare of the community.

(2)

Therefore, the following uses are permitted, provided that full compliance with the performance standards hereinafter set forth shall be established and constantly maintained, and provided, further, that all such uses shall be on a minimum lot size of one acre, and provided, further, that all materials, goods and products on property located within a scenic area shall be located within a fully enclosed permanent building:

a.

Any use permitted in the M-1 district.

b.

Manufacturing, fabricating, assembly and processing of materials, articles and products which are prohibited in the M-1 district but which are not prohibited by the performance standards herein established for the M-2 district and which are not otherwise prohibited or restricted.

(b)

Special uses and conditional uses. The following uses may be allowed in the M-2 district by special use permit or conditional permit (as applicable) in accordance with the provisions of section 5-12-10:

(1)

Any use which may be allowed in the B-3 or M-1 district as a special or conditional use.

(2)

Any manufacturing, processing and treatment of materials and goods and products which require the use of large quantities of water, produce large quantities of waste materials or which involve the disposal, into public sewers or otherwise, of any quantities of toxic, noxious, corrosive, explosive or radioactive materials.

(3)

Incinerators for household waste disposal.

(4)

Manufacturing, processing and bulk storage of noxious, toxic, corrosive and explosive solid, liquid or gaseous chemicals, including fireworks manufacturing.

(5)

Planned industrial developments as defined in chapter 13 of this title.

(6)

Extraction and/or processing of products including ore, stone, sand, gravel, clay, topsoil, cement, concrete, lime, plaster, asbestos, fertilizer and abrasives.

(7)

Lumber mills, sawmills and planing mills.

(8)

Manufacturing and processing of coal, petroleum, tar and asphalt products, including coke, illuminating gas, linoleum, oilcloth, roofing material and asphalt tile.

(9)

Ore smelters, foundries, blast and open hearth furnaces, Bessemer converters, metal ingot, plate, tube and wire and strip mills.

(10)

Processing of animal and vegetable products such as tanneries, distilleries, breweries, slaughterhouses, rendering plants, glue, soap, paint and varnish manufacture, wool and textile scouring, sizing, bleaching and dyeing.

(11)

The outdoor storage or display of materials, goods, or products within the boundary of a scenic area.

(12)

Sanitary landfills, provided, however, that no such special use may be authorized or continued after authorization unless the following standards are met:

a.

The operator of the landfill shall not accept wastes identified as hazardous in any state or federal rule, regulation or statute, provided that this limitation shall not exclude special wastes deposited with the permission of the county landfill local governmental review board.

b.

The landfill shall at all times be operated in accordance with all applicable local, state or federal laws, rules or regulations.

(c)

Building height. No building or structure in the M-2 district shall hereafter be erected or structurally altered to exceed a height of five stories or 70 feet except as provided in chapter 4 of this title.

(d)

Yard areas. No building in the M-2 district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building:

(1)

Front yard. There shall be a front yard having a depth of not less than 50 feet (wherein there shall be no structure of any kind, open storage of materials or equipment or the parking of vehicles). Every corner lot on which a building is constructed shall have a front yard along each adjoining street.

(2)

Side yard. Same as required in the M-1 Manufacturing District.

(3)

Rear yard. Same as required in the M-1 Manufacturing District.

(4)

Platted building setbacks. Under some circumstances, a building to be constructed or enlarged in the M-2 district will be located on a lot created by a recorded plat which contains or is subject to building setback or yard requirements which exceed the preceding front, side or rear yard requirements. Under such circumstances, the greater requirements shall apply.

(5)

Lot coverage. Not more than 60 percent of the area of a lot in the M-2 district may be covered by buildings or structures.

(e)

Performance standards. The following requirements shall apply in the M-2 district:

(1)

Noise. The sound pressure levels shall be the same as those permitted in the M-1 Manufacturing District.

(2)

Smoke and particulate matter. See title 9, chapter 3.

(3)

Odors. See section 9-3-23.

(4)

Noxious gases. See section 9-3-23.

(5)

Glare and heat. Operations producing intense light or heat, when adjacent to a residential or business district shall be performed within an enclosed building and not be noticeable beyond the boundary separating the subject premises from any adjoining residential or business district.

(6)

Vibrations. There shall be no uses which create heavy, earth-shaking vibrations which are noticeable at any district boundaries separating residential and business uses from an M-2 Manufacturing District.

(7)

Violation. The city may, at the direction of the city council, initiate proceedings before the state pollution control board or any other appropriate forum to assert alleged violations of the performance standards set forth in this subsection (e), or to assert violations of any other applicable regulations governing air pollution, water pollution, noise pollution or any other adverse environmental condition.

(Code 1994, § 5-10-3; Ord. No. 1629, 12-27-1979; Ord. No. 2348, 2-27-1990; Ord. No. 2620, § 1, 12-1-1992; Ord. No. 2697, § 8, 1-18-1994; Ord. No. 2994, § 14, 6-17-1997; Ord. No. 2750, § 1, 10-1-1996; Ord. No. 3334, §§ 4, 5, 3-19-2002; Ord. No. 4078, § 2, 1-15-2013; Ord. No. 4105, § 5, 4-30-2013; Ord. No. 4654, § 1, 6-7-2022; Ord. No. 4800, § 1, 6-4-2024)

(a)

Permitted uses.

(1)

The uses permitted in the M-3 Manufacturing District, Transitional generally include those manufacturing and industrial activities which cannot be operated economically without creating some conditions which may be objectionable or obnoxious to the occupants of adjoining properties and for that reason must be grouped in areas where similar industrial uses are located or where the permitted uses will be best located in accordance with the comprehensive plan of the city which is designed to protect the welfare of the city. It must be recognized, however, that any area subject to this classification also contains properties which for many years have been used for residential purposes. Any transition from residential to manufacturing which ultimately occurs will likely occur over a long period of time. It is in the best interests of the city to encourage residents in the area to maintain their properties in a sound condition for so long as they intend to remain.

(2)

Therefore, the following uses are permitted, provided that full compliance with the standards hereinafter set forth shall be established and constantly maintained, and provided, further, that all such uses, except residential uses, shall be on a minimum lot size of one acre:

a.

Any use permitted in the M-2 district.

b.

Continuation of a residential use which has already been legally established and continues without interruption. On any lot where a residential use has been legally established and continues without interruption, the improvement, enlargement or repair of any existing residential structure and/or the construction, improvement, enlargement or repair of accessory buildings shall be permitted. No vacant lot, nor any other lot where a residential use has not been legally established and continued without interruption, shall be used for residential purposes. In the event, however, that fire or other casualty destroys improvements on a lot, which improvements at the time of the loss were owner occupied, and construction of replacement improvements commences within six months, such loss by reason of fire or other casualty shall not for the purposes of this section be deemed to have resulted in an interruption of a residential use.

(b)

No M-3 rezoning less than 100 acres. No territory containing less than 100 contiguous acres at the time of a petition to rezone shall be rezoned M-3 Manufacturing District, Transitional.

(c)

Special use. The following uses may be allowed by special use permit in the M-3 district in accordance with the provisions of section 5-12-10:

(1)

Except for lots used for residential purposes, any use which may be allowed in the M-2 district as a special use.

(2)

On lots where a residential use has already been legally established and continues without interruption, any use which may be allowed in the R-2 One-Family Dwelling District as a special use.

(3)

Nonresidential permitted uses authorized in the M-3 district on a lot having an area of less than the one acre minimum otherwise required for the establishment of such uses in the M-3 district.

(4)

An existing building constructed prior to January 1, 1990, may be remodeled to accommodate not more than six dwelling units together with any one or more of the following nonresidential uses:

a.

One or more wholesale business establishments and/or warehouses, provided that no hazardous items may be sold from or stored on the property.

b.

One or more artist studios or galleries.

c.

One or more food preparation and/or packaging facilities.

d.

One or more retail business establishments.

(d)

Building height. Regulations applicable to the height of buildings or structures in an M-2 district shall also be applicable to the height of buildings or structures in an M-3 district, except for lots used for existing residential purposes. On lots where a residential use has already been legally established and continues without interruption, building height regulations applicable to R-2 One-Family Dwelling Districts shall apply. The height of an existing structure converted to mixed uses pursuant to subsection (c)(4) of this section may be increased by not more than ten percent of the height as it existed prior to such conversion.

(e)

Areas. The coverage, front yard, side yard and rear yard requirements applicable in an M-2 district shall also be applicable in an M-3 district, except for lots used for residential purposes. On lots where a residential use has already been legally established and continues without interruption, regulations dealing with lot size and yard areas applicable to R-2 One-Family Dwelling Districts shall apply. An existing structure converted to a mixed use pursuant to subsection (c)(4) of this section shall maintain setbacks no less than those existing prior to conversion and shall maintain an area no greater than the area existing prior to conversion.

(f)

Performance standards. The performance standards applicable in an M-2 district shall also be applicable in an M-3 district except for lots used for residential purposes. On lots where a residential use has already been legally established and continues without interruption, dwelling standards applicable in an R-2 One-Family Dwelling District shall apply. For an existing structure converted to a mixed use pursuant to subsection (c)(4) of this section, dwelling standards applicable in the R-4 Multiple-Family Dwelling District shall apply to the dwelling units in such structure and performance standards applicable in the M-1 Manufacturing District, Limited, shall apply to the nonresidential components of such structure.

(g)

Dual uses. Except as authorized by special use pursuant to subsection (c)(4) of this section, no lot in the M-3 district may be used both for residential purposes and for either a use automatically permitted in the M-2 district or for one allowed as a special use in an M-2 district.

(h)

Minimum housing regulations. On lots in the M-3 district where a residential use has already been legally established and continues without interruption, or where a new residential use has been approved in accordance with this chapter, all minimum housing regulations set forth in title 4, chapter 7 shall apply.

(Code 1994, § 5-10-4; Ord. No. 2230, 5-16-1989; Ord. No. 3447, § 2, 7-29-2003; Ord. No. 4069, § 1, 11-6-2012)