Elk Horn City Zoning Code

This zone provides for a wide range of commercial and industrial uses, all of which shall be able to meet comparatively rigid specifications as to nuisance free performance. The zone specifically excludes residences on the theory that the mixture of residential use, and public services and facilities for residences with those for industry is contrary to the purposes of these regulations irrespective of whether the industry is encroaching on a living area or a living area is encroaching on an industrial area.

Effective on: 1/1/1901

The following are the principal uses in the M - 1 Zone:

1. 14.2.1
   Any use allowed in the C - 1 or C - 2 Zones, except that all dwellings and other types of living accommodations shall be prohibited save that one quarter for a watchman or caretaker shall be permitted as an accessory use for any permitted use occupying more than twenty thousand (20,000) square feet of lot area.
2. 14.2.2
   Any business, commercial or industrial use which can meet the performance standards set forth for this zone but not specifically excluded or specifically mentioned as belonging in another less restrictive zone.

Effective on: 1/1/1901

The following uses are hereby declared incompatible with the purpose of the M - 1 Zone and are hereby expressly excluded:

1. 14.3.1
   Dwellings, except for caretaker and watchmen quarters as set forth herein.
2. 14.3.2
   Public, parochial and private schools and colleges, except trade schools.
3. 14.3.3
   Hospitals, clinics, rest homes and other institutions for the housing or care of human beings.
4. 14.3.4
   Motels, hotels, and mobile home parks.
5. 14.3.5
   Any use not enumerated as permitted in this zone, but which is specifically in another zone or zones.

Effective on: 1/1/1901

Any accessory use normally appurtenant to a permitted use shall be allowed provided such use shall conform with all performance standards set forth for this zone.

Effective on: 1/1/1901

Recreational uses which are temporary in nature and do not involve any appreciable amount of fixed construction and which will not interfere with the efficient functioning of the zone for its primary purpose of providing for manufacturing and heavy commercial establishments, may be allowed only upon appeal to the Board.

Effective on: 1/1/1901

The following performance standards shall apply:

1. 14.6.1
   Physical Appearance: All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored in the open. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are not readily visible from a street. The provisions of this paragraph shall not be construed to prohibit the display of merchandise or vehicles for sale or the storage of vehicles, boats, farm machinery, trailers, mobile homes or similar equipment when in operable condition.
2. 14.6.2
   Fire Hazard: No operation shall involve the use of highly flammable gasses, acid, liquids, grinding processes or other inherent fire hazards. This provision shall not be construed to prohibit the use of normal heating fuels, motor fuels and welding gasses when handled in accordance with other ordinances of the City.
3. 14.6.3
   Noise: No operation shall be carried on which involves noise in excess of the normal traffic noise of the adjacent street at the time of the daily peak hour of traffic volume. Noise shall be measured at the property line and when the level of such noise cannot be determined by observation with the natural senses, a suitable instrument may be used and measurement may include breakdowns into a reasonable number of frequency ranges. All noises shall be muffled so as not to be objectionable due to intermittence, beat, frequency, or shrillness.
4. 14.6.4
   Sewage and Liquid Wastes: No operation shall be carried on which involves the discharge into a sewer, water course or the ground of liquid wastes of any radioactive nature, or liquid wastes of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations:
5. 14.6.5
   Air Contaminants:

   1. A.
      Air contaminants and smoke shall be less dark than designated Number One on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designated as Number One shall be permitted for one four (4) minute period in each one half hour. Light colored contaminants of such an opacity as to obscure an observers view to a degree equal to or greater than the aforesaid shall not be permitted.
   2. B.
      Particulate matter or dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths grains per cubic foot as corrected to a temperature of five hundred (500) degrees Fahrenheit, except for a period of four (4) minutes in any one half (½) hour, at which time it may equal but not exceed six tenths grains per cubic foot as corrected to a temperature of five hundred degrees Fahrenheit.
   3. C.
      Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively covered in this section there shall be applied the general rule that there shall not be discharged from any sources whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or the general public or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.
6. 14.6.6
   Odor: The emission of odors that are generally agreed to be obnoxious to any considerable number of persons, shall be prohibited. Observations of odor shall be made at the property line of the establishment causing the odor. As a guide to classification of odor it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or the roasting of nuts and coffee shall not normally be considered obnoxious within the meaning of this chapter.
7. 14.6.7
   Gasses: The gasses sulfur dioxide and hydrogen sulfide shall not exceed five (5) parts per million, carbon monoxide shall not exceed five (5) parts per million. All measurements shall be taken at the zoning lot line.
8. 14.6.8
   Vibration: All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall such vibration exceed a displacement of three thousands of an inch measured at the zoning lot line. The use of steam or broad hammers shall not be permitted in this zone.
9. 14.6.9
   Glare and Heat: All glare, such as welding arcs and open furnaces shall be shielded so that they shall not be visible from the zoning lot line. No heat from furnaces or processing equipment shall be sensed at the zoning lot line to the extent of raising the temperature of air or materials more than five (5) degrees Fahrenheit.

Effective on: 1/1/1901

The following space limits are applicable in the M - 1 Zone:

1. 14.7.1
   Minimum lot area for business or industry: ten thousand (10,000) square feet.
2. 14.7.2
   Minimum width of lot: fifty feet (50’).
3. 14.7.3
   Maximum building height: No restriction except as limited by gross floor area ratio and by any restrictions which may be imposed by virtue of aircraft approach and turning zone height restrictions.
4. 14.7.4
   Minimum front yard: twenty feet (20’).
5. 14.7.5
   Minimum rear yard: None.
6. 14.7.6
   Minimum side yard: None.
7. 14.7.7
   Minimum side yard on street side of corner lot: ten feet (10’).
8. 14.7.8
   Maximum ground coverage: seventy-five percent (75%).

Effective on: 1/1/1901

See ARTICLE XVIII.

Effective on: 1/1/1901

See ARTICLE XVII.

Effective on: 1/1/1901