The primary purpose of the industrial, limited, district M-1 is to permit certain industries which do not in any way detract from residential desirability to locate in any area adjacent to residential uses. The limitations on, or provisions relating to, height of building, horsepower, heating, flammable liquids or explosives, controlling emission of fumes, odors or noise, landscaping and the number of persons employed are imposed to protect and foster adjacent residential desirability while permitting industries to locate near a labor supply.

(Code 2000, § 16.69)

(a)

In industrial, limited, district M-1 any structure to be erected or land to be used shall be for one or more of the following uses:

(1)

Any use permitted by right or with a conditional use permit in either a business, limited, B-1 district, or a business, general, B-2 district, subject to all other applicable requirements of this chapter, except that use as a dwelling will only be permitted for purposes of occupancy by a guard, caretaker, or watchman, employed in connection with the primary use of the premises;

(2)

Aircraft related businesses and industry;

(3)

Airports;

(4)

Assembly of electric appliances, electronic instruments and devices, radios and phonographs, and the manufacture of small parts, such as coils, condensers, transformers and crystal holders;

(5)

Automobile assembling, painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling, tire retreading or recapping or battery manufacture; provided that for any such use any outdoor service and storage areas will be screened from the view of neighboring properties;

(6)

Blacksmith shops, welding or machine shops, excluding punch presses exceeding 40-ton-rated capacity and drop hammers;

(7)

Boatbuilding;

(8)

Book manufacturing and publishing;

(9)

Building and plumbing materials sales, including storage yards for building and plumbing materials;

(10)

Business signs;

(11)

Cabinet, counter, furniture, and upholstery manufacturing;

(12)

Coalyards, woodyards, and lumberyards, if issued a conditional use permit;

(13)

Community centers, if issued a conditional use permit;

(14)

Contractors' offices, shops, equipment storage yards or plants, including businesses that rent equipment commonly used by contractors;

(15)

Data and technology centers;

(16)

Facilities, activities and operations that are provided by a duly constituted unit of government;

(17)

Farming and agricultural;

(18)

Feed and seed stores;

(19)

General advertising signs;

(20)

Laboratories, pharmaceutical, health care, or other medical;

(21)

Location signs;

(22)

Manufacture, compounding, processing, packaging or treatment of products such as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products, metals;

(23)

Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, metals or stones, shell, straw, textiles, tobacco, wood, yarn and paint;

(24)

Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas;

(25)

Manufacture of musical instruments, toys, novelties, and rubber and metal stamps;

(26)

Manufacture of equipment for alternative energy uses, such as solar energy, wind power, geothermal, biofuel, biodiesel, hydrogen and renewable energy;

(27)

Monumental stoneworks;

(28)

Off-street parking as required by this chapter;

(29)

Offices, office buildings, and office complexes;

(30)

Outdoor amusement/entertainment areas, if issued a conditional use permit;

(31)

Paper conversion processing;

(32)

Plastics and polymer manufacturing;

(33)

Public utilities, including power generation, booster or relay stations, transformer substations, transmission lines and towers, and other facilities for the provision and maintenance of public utilities, including railroads, water and sewer, and electricity;

(34)

Retail sales outlets within industrial-use buildings;

(35)

Scientific research, development and training establishments;

(36)

Small wind energy systems, if issued a conditional use permit;

(37)

Veterinary or dog or cat hospitals or kennels;

(38)

Wholesale businesses and storage warehouses, including mini-warehouses;

(39)

Small scale solar energy facilities;

(40)

Townhouses, if issued a conditional use permit.

(b)

In industrial, limited, district M-1, the following uses shall not be permitted:

(1)

Any use which might be injurious or noxious by reason of odor, fumes, dust, smoke, vibration, glare, noise, or other cause which may be deemed as hazardous to the health, welfare, and/or safety of any part of the county; and

(2)

All nonconforming uses shall not be allowed to expand facilities.

(Code 2000, § 16.70; Ord. of 3-5-2007; Ord. No. 2007-5, § 1, 11-5-2007; Ord. No. 2009-2, § 1, 4-6-2009; Ord. No. 2017-3, § 3, 11-6-2017; Ord. No. 2021-37, § 2, 11-16-2021; Ord. No. 2023-8, § 2, 5-1-2023)

Editor's note— Ord. No. 2021-37, § 3, adopted Dec. 6, 2021, states: "An ordinance of the Board dated March 5, 2007 stated that all uses in the M-1 and M-2 zoning districts required conditional use permits. Sections 53-353 and 53-378 of the Code expressly require conditional use permits for some, but not all, uses in the M-1 and M-2 zoning districts. To clarify this situation, the Board ordains that conditional use permits are not required for all uses in the M-1 and M-2 zoning districts. Instead, conditional use permits are required only where expressly stated in Sections 53-353 and 53-378 of the Code."

(a)

Plans. Before a building permit shall be issued or construction commenced on any permitted use in the industrial, limited, district M-1 or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, shall be submitted to the zoning administrator for study. The administrator may refer these plans to the planning commission for recommendation. Modifications of the plans may be required.

(b)

Enclosure of use. Permitted uses shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence or an evergreen hedge six feet in height. Public utilities and signs requiring natural air circulation, unobstructed view or other technical consideration necessary for proper operation may be exempt from this provision. This exception does not include storing of any materials.

(c)

Landscaping. Landscaping may be required within any established or required front setback area. The plans and execution must take into consideration traffic hazards. Landscaping may be permitted up to a height of three feet and to within 50 feet from the corner of any intersecting streets.

(d)

Screening; parking. Sufficient area shall be provided to adequately screen permitted uses from adjacent business and residential districts and for off-street parking of vehicles incidental to the industry, its employees and clients.

(e)

Automobile graveyards and junkyards. Automobile graveyards and junkyards in existence on April 4, 1972, shall be considered as nonconforming uses. There shall be allowed up to three years after April 4, 1972, in which to completely screen, on any side open to view from a public road, the operation or use by a masonry wall, by use of a uniformly painted solid board fence or an evergreen hedge.

(f)

Action on application. The administrator shall act on any application received within 30 days after receiving the application. If formal notice in writing is given to the applicant, the time for action may be extended for a 30-day period. Failure on the part of the administrator to act on the application within the established time limit shall be deemed to constitute approval of the application.

(Code 2000, § 16.71)

Area regulations in the industrial, limited, district M-1 are as follows: none, except that the minimum area for uses utilizing individual water supply or sewage disposal systems shall be determined by the zoning administrator in consultation with the department of health.

(Code 2000, § 16.72)

Buildings in the industrial, limited, district M-1 shall be located ten feet or more from any street right-of-way which is 50 feet or greater in width, or 35 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising sale or rent of premises may be erected up to the property line. This shall be known as the setback line.

(Code 2000, § 16.73)

For permitted uses in the industrial, limited, district M-1 the minimum side yard adjoining or adjacent to a residential or agricultural district shall be 50 feet. Off-street parking shall be in accordance with the provisions contained herein.

(Code 2000, § 16.74)

Buildings in the industrial, limited, district M-1 may be erected up to a height of 50 feet. Chimneys, flues, cooling towers, flagpoles, radio communication towers or their accessory facilities not normally occupied by workers are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.

(Code 2000, § 16.75; Ord. of 6-4-2007(2); Ord. No. 2007-5, § 1, 11-5-2007)

Buildings or groups of buildings with their accessory buildings in the industrial, limited, district M-1 may cover up to 70 percent of the area of the lot.

(Code 2000, § 16.76)