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Elkhart City Zoning Code

MANUFACTURING DISTRICTS

§ 151.080 M-1, LIMITED MANUFACTURING DISTRICT.

   (A)   Purpose. The M-1 District is designed to accommodate limited manufacturing uses having a minimal impact on surrounding areas. The intent is to allow manufacturing development by reason of location and the availability of adequate transportation and infrastructure systems, while protecting the surrounding uses from negative external effects.
   (B)   Permitted uses.
      (1)   Wholesale businesses;
      (2)   Service businesses that provide support services to manufacturing uses;
      (3)   Manufacturing, assembly, warehousing and distribution of previously prepared material;
      (4)   Office uses related to the manufacturing activities;
      (5)   Automobile and truck repair or vehicle conversion shops, including painting, upholstering, reconditioning, and body repair when performed entirely within a building;
      (6)   Machine, tool, and die shops, including presses and similar equipment in compliance with division (G);
      (7)   Public utilities substations and distribution centers;
      (8)   Indoor and outdoor storage facilities, except when located in front yard;
      (9)   Equipment rental facilities;
      (10)   Printing and publishing establishments;
      (11)   Building supply store, including lumber sales;
      (12)   Recycling centers, excluding chemical processing and tire recycling;
      (13)   Kennels and animal hospitals;
      (14)   Laundries, commercial;
      (15)   Paint shops;
      (16)   Archery/rifle range, when located entirely within a building;
      (17)   Motor freight terminal, excluding hazardous waste;
      (18)   Truck, tractor, trailer or bus storage, parking lot or yard, or garage;
      (19)   Warehousing;
      (20)   Boat building and repair;
      (21)   Bicycle manufacture;
      (22)   Recreational vehicle manufacture;
      (23)   Trailer and mobile home manufacture, and manufactured housing;
      (24)   Auction barns;
      (25)   Canning and preserving;
      (26)   Clothing and textile manufacture, including dyeing and printing;
      (27)   Contractors’ offices, shops and storage facilities;
      (28)   Drugs and pharmaceutical products manufacture;
      (29)   Production and use of food grade chemicals, acids and enzymes;
      (30)   Crematoriums;
      (31)   Wireless communication facilities, as defined in § 151.251 of this chapter;
      (32)   Outside storage, provided that it is not located in the front yard area;
      (33)   Professional offices;
      (34)   Outside storage of liquids or gases on one or more tanks, where total volume of the tank(s) does not exceed 2,000 gallons; and
      (35)   Laboratories.
   (C)   Special exception uses.
      (1)   Television and radio towers not included in §§ 151.250 through 151.257;
      (2)   Airports and heliport landing fields;
      (3)   Railroad facilities;
      (4)   Excavation areas/gravel pit;
      (5)   Motor freight terminals, except hazardous waste;
      (6)   Stadiums, auditoriums, arenas;
      (7)   Automobile drive-in theaters;
      (8)   Recycling centers involving used tires and/or any chemical processing of materials;
      (9)   Tattoo parlors;
      (10)   Public utilities and service uses;
      (11)   Bulk storage tanks including liquids or gases that require filing a Tier 1 or 2 SARA report or those that exceed an NFPA classification of 2; and
      (12)   Storage of any liquid or gas in excess of 10,000 gallons.
   (D)   Conditional uses. Adult entertainment establishments.
   (E)   Existing “B” business uses. Business uses permitted in the “B” zoning districts which are in existence on the effective date of this chapter may be expanded within the limits of the existing zoning lot upon which they are located so long as all other requirements of this zoning district are satisfied. Creation of new “B” uses on currently vacant zoning lots or the expansion of a zoning lot upon which an existing “B” use is located is prohibited within the M-1 District.
   (F)   Yard requirements. The yard requirements for the M-1, Limited Manufacturing District are as follows: (All standards are minimums except as noted.)
      (1)   Lot size: No minimum.
      (2)   Frontage: No minimum.
      (3)   Setbacks:
         (a)   Front yard: 25 feet.
         (b)   Side yards: 15 feet each or 25 feet each when abutting a residential district.
         (c)   Rear yard: 10 feet or 30 feet when abutting a residential district.
         (d)   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.
      (4)   Height: 75 feet; maximum of 2 towers with a maximum height of 90 feet each.
      (5)   Maximum lot coverage for structures: 60% total.
      (6)   F.A.R.: 3.
   (G)   Development conditions.
      (1)   The district shall have major transportation facilities readily available.
      (2)   The transportation systems serving this district shall not be routed through a residential development, or a street serving a school.
      (3)   All operations, servicing and processing shall be conducted within completely enclosed buildings or structures, except; airport/heliport, excavation activities, outdoor storage and large equipment rentals.
      (4)   No emission of toxic or noxious matter, which is injurious to human health, comfort, or enjoyment of life and property or to animal or plant life shall be permitted. Where such emissions could be produced as a result of an accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the industry involved shall be taken.
      (5)   No person, firm or corporation shall cause vibrations which can be detected without the use of instruments at or beyond the property boundaries.
      (6)   In addition to the standard landscape requirements of this chapter the following shall apply:
         (a)   In the event a property to be developed in this district is adjacent to a residentially zoned property along a common rear or side lot line, whether separated by an alley or not, a visual and physical screen, a minimum of 6 feet in height, shall be provided along the common lot line, which may consist of any of the following:
            1.   An evergreen hedge used with a chain link fence;
            2.   A solid fence of a non-deteriorating material;
            3.   Masonry wall; and
            4.   When a fence or masonry wall is used, plantings (trees, shrubs and the like) shall be installed so as to reduce its visual impact.
         (b)   In the event a property to be developed in this district is across a street from residentially zoned property a visual and physical screen, a minimum of 6 feet in height, shall be provided as necessary to screen any outside storage of materials or loading facilities.
      (7)   No building or structure shall be used for residential purposes except that a watchman or custodian may reside on the premises.
      (8)   In the event that a property to be developed in this district is adjacent to or across an alley from a residentially zoned property the following setbacks for on-site parking shall apply:
 
Parcel Size
Setback from Property Line
< 1 acre
15 feet
1 to 3 acres
20 feet
> 3 acres
30 feet
 
   (H)   Supplemental regulations.
      (1)   Special flood hazard area regulations: §§ 151.120 et seq.
      (2)   Wetlands Conservation District regulations: §§ 151.145 et seq.
      (3)   Air Space Control Area regulations: §§ 151.210 et seq.
      (4)   Accessory structures and swimming pool requirements: § 151.225.
      (5)   Landscape and screening requirements: § 151.226.
      (6)   Permitted obstructions in required yards: § 151.227.
      (7)   Fence requirements: § 151.228.
      (8)   Intersection visibility area requirements: § 151.229.
      (9)   Primary street setback requirements: § 151.229.
      (10)   Off-street parking and loading requirements: § 151.231.
      (11)   Sign regulations: § 151.234.
(Ord. 4370, passed 7-20-1998; Am. Ord. 4444, passed 8-16-1999; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4457, passed 12-6-1999; Am. Ord. 4462, passed 1-13-2000; Am. Ord. 4592, passed 6-4-2001; Am. Ord. 4683, passed 7-1-2002 ; Am. Ord. 4985, passed 9-11-2006; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5175, passed 7-20-2009)  Penalty, see § 151.999

§ 151.081 M-2, GENERAL MANUFACTURING DISTRICT.

   (A)   Purpose. The M-2 District is designed to accommodate a broad range of industrial activities, diverse in products, operational techniques and size, which have a greater impact on the surrounding environment than the M-1 District. The uses permitted in this district generally include those manufacturing and industrial activities which cannot be operated economically without creating some conditions which may be objectionable to the occupants of adjoining properties and which, for that reason, must be grouped in areas where similar industrial uses are now located or where the permitted uses will be best located in accordance with the comprehensive land use plan of the city, which is designed to protect the welfare of the community.
   (B)   Permitted uses.
      (1)   All uses allowed within the M-1, Limited Manufacturing district;
      (2)   Perfumes and cosmetics manufacture;
      (3)   Steel mills;
      (4)   Boiler shops;
      (5)   Foundries and foundry products;
      (6)   Sewage treatment plants;
      (7)   Aircraft, automobile and truck manufacturing;
      (8)   Alcoholic beverages manufacture;
      (9)   Box and crate manufacture, requiring the processing of raw materials;
      (10)   Building materials manufacture, including prefabricated houses, composition wallboards, partitions and panels;
      (11)   Cement products manufacture, such as blocks or pipes;
      (12)   Chalk or charcoal manufacture;
      (13)   Corrugated metal product manufacture;
      (14)   Wood or laminate product manufacture, including furniture, barrels, coffins;
      (15)   Dye, ink pigments and other manufacture;
      (16)   Feed milling, processing and storage;
      (17)   Glass blowing and manufacture, industrial;
      (18)   Graphite and graphite products manufacture;
      (19)   Hemp products manufacture;
      (20)   Lumber, preserving treatment, processing, sawmills and planing mills;
      (21)   Machinery, heavy manufacturing and repair including electrical, construction, mining, and agricultural manufacture;
      (22)   Stamping and extrusion of products, other than permitted in the M-1 district;
      (23)   Millwork and molding;
      (24)   Porcelain and similar products, such as bathroom and kitchen equipment manufacture;
      (25)   Railroad equipment, such as railroad cars and locomotive manufacture;
      (26)   Rubber products, including tires and tubes manufacture and tire recapping;
      (27)   Scrap processing yards;
      (28)   Wood pulp products, including paper manufacturing;
      (29)   Engraving, industrial;
      (30)   Metal polishing and plating;
      (31)   Musical instrument manufacture;
      (32)   Any other manufacturing establishment that can be operated in compliance with the requirements of this section without creating objectionable noise, odor, dust, smoke, gas fumes or vapor, and that is a use compatible with the uses listed above; and
      (33)   Laboratories.
   (C)   Special exception uses.
      (1)   All special exception uses listed under the M-1 Limited Manufacturing district;
      (2)   Animal slaughter houses and stockyards;
      (3)   Arsenal;
      (4)   Cement and lime manufacturing facilities;
      (5)   Hazardous waste disposal, generators, facilities and motor freight terminals;
      (6)   Salvage yards;
      (7)   Those uses that have been declared a nuisance; or may be unreasonably obnoxious, offensive, hazardous in the opinion of the Planning and Zoning Staff, by reason of the omission of odor, vapor, smoke, gas, noise or explosive nature;
      (8)   Land fill;
      (9)   Asphalt plant;
      (10)   Manufacture of gases, acids, chemicals and poisons, other than those permitted in the M-1 District;
      (11)   Rock crushing;
      (12)   Stone mills and quarries; and
      (13)   Any other use not qualifying as a permitted use in the M-2 District.
   (D)   Conditional uses. Adult entertainment.
   (E)   Existing “B” business uses. Business uses permitted in the “B” zoning districts which are in existence on the effective date of this chapter may be expanded within the limits of the existing zoning lot upon which they are located so long as all other requirements of this zoning district are satisfied. Creation of new “B” uses on currently vacant zoning lots or the expansion of a zoning lot upon which an existing “B” use is located is prohibited within the M-2 District.
   (F)   Yard requirements. The yard requirements for the M-2, General Manufacturing District are as follows: (All standards are minimums except as noted.)
      (1)   Lot size: No minimum.
      (2)   Frontage: No minimum.
      (3)   Setbacks:
         (a)   Front yard: 25 feet.
         (b)   Side yards: 15 feet each or 50 feet each when abutting a residential district.
         (c)   Rear yard: 10 feet or 50 feet when abutting a residential district.
         (d)   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.
      (4)   Maximum structure height: 75 feet; maximum of 2 towers of 90 feet in height.
      (5)   Maximum lot coverage for structures: 60% total.
      (6)   F.A.R.: 3.
   (G)   Development conditions.
      (1)   This district shall have major transportation facilities readily available.
      (2)   The transportation systems serving this district shall not be routed through a residential development, or a street serving a school.
      (3)   Junk yard uses permitted in the M-2 zoning district shall be confined to tracts located at least 600 feet from property zoned for residential purposes.
      (4)   No emission of toxic or noxious matter, which is injurious to human health, comfort or enjoyment of life and property or to animal or plant life shall be permitted. Where such emissions could be produced as a result of an accident or equipment malfunction, adequate safeguards considered suitable for safe operation in he industry involved shall be taken.
      (5)   No person, firm or corporation shall cause vibrations which can be detected without the use of instruments at or beyond the district boundaries.
      (6)   An operation that produces intense glare or heat shall be performed within a completely enclosed building or structure and exposed sources of light shall be screened so not to be detectable at the district boundary.
      (7)   No building or structure shall be used for residential purposes.
      (8)   In addition to the standard landscape and screening requirements of this chapter the following shall apply:
         (a)   In the event a property to be developed in this district is adjacent to a residentially zoned property along a common lot line, whether separated by an alley or not, a visual and physical screen, a minimum of 6 feet in height, shall be provided along the common lot line, which may consist of any of the following:
            1.   An evergreen hedge used with a chain link fence;
            2.   A solid fence of a non-deteriorating material;
            3.   Masonry wall; and
            4.   When a fence or masonry wall is used, plantings (trees, shrubs and the like) shall be installed so as to reduce its visual impact.
         (b)   In the event a property to be developed in this district is across a street from residentially zoned property a visual and physical screen, a minimum of 6 feet in height, shall be provided as necessary to screen any outside storage of materials or loading facilities.
      (9)   In the event that a property to be developed in this district is adjacent to or across an alley from a residentially zoned property, the following setbacks for on-site parking shall apply:
 
Parcel Size
Setback from Property Line
< 1 acre
15 feet
1 to 3 acres
20 feet
> 3 acres
30 feet
 
   (H)   Supplemental regulations.
      (1)   Special flood hazard area regulations: §§ 151.120 et seq.
      (2)   Wetlands Conservation District regulations: §§ 151.145 et seq.
      (3)   Air Space Control Area regulations: §§ 151.210 et seq.
      (4)   Accessory structures and swimming pool requirements: § 151.225.
      (5)   Landscape and screening requirements: § 151.226.
      (6)   Permitted obstructions in required yards: § 151.227.
      (7)   Fence requirements: § 151.228.
      (8)   Intersection visibility area requirements: § 151.229.
      (9)   Primary street setback requirements: § 151.229.
      (10)   Off-street parking and loading requirements: § 151.231.
      (11)   Sign regulations: § 151.234.
(Ord. 4370, passed 7-20-1998; Am. Ord. 4683, passed 7-1-2002 ; Am. Ord. 4985, passed 9-11-2006; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5175, passed 7-20-2009)   Penalty, see § 151.999