A.

Purpose. The purpose of this district is to regulate those uses of the land that involve the manufacturing, assembly, processing, storage and/or distribution, sale and repair of materials, goods, parts, products, equipment, machinery, and other such operations incidental to industrial uses. It is not the intent of these regulations to allow the construction or development of residential uses within this district and those residential uses existing at the time of the adoption of this zoning ordinance and its zoning district map may continue but shall be classified as non-conforming uses. All proposed industrial uses shall be accompanied by a development site plan. Since the intended use may cause a detrimental change to the environment or substantially affect the municipally operated utility or thoroughfare systems, detailed descriptions of performance standards are included in these district regulations and are determined to be the maximum allowable within any single or combined industrial use or district.

B.

Use regulations. In the "I" Industrial District, no building or land shall be used and no buildings shall be hereafter erected, reconstructed, altered, or enlarged, unless otherwise provided in this chapter, except for one or more of the following uses:

a.

Permitted uses.

1.

Any industrial and/or commercial use meeting the included development site plan requirements and performance standards.

2.

Sexually oriented businesses meeting the location requirements specified in section 90-16, paragraph L.

3.

Antennae and towers not exceeding the maximum height allowed in the district (see paragraph D.1 below), antennae attached to existing structures and not increasing the overall height of the existing structure by more than ten feet, and dish antennae not exceeding two meters in diameter. Except for satellite dish antennae, no antennae or support structure shall be located within the required front, side or rear yard setback. To protect traffic safety and community appearance, no satellite dish antennae or support structure shall be located within the required front [yard] or second front yard setback, unless the zoning board of adjustment finds that such an encroachment is necessary to prevent impairment of installation, maintenance or reception and that a traffic sight restriction is not created.

4.

Public buildings, including libraries, museums, police and fire stations.

5.

Water supply reservoirs, plumbing plants, towers.

6.

Accessory structures and uses customarily incident to the above uses and located on the same lot therewith.

7.

Churches.

b.

Conditional uses.

1.

Utility facilities.

2.

Antennae and towers exceeding the maximum height in the district and dish antennae exceeding two meters in diameter, in order to protect community appearance from the negative visual effects of proliferation of large antennae. Conditional use permits shall be acted upon within 90 days of receipt of application. Persons aggrieved by a decision on a satellite dish antenna application may appeal to the Federal Communications Commission. Any new towers must also comply with the conditions of section 90-16 M.

3.

Outdoor commercial amusement enterprise.

4.

Sanitary landfill.

c.

Special exception uses.

1.

Special exception uses when authorized by the board of adjustment under the provision of section 90-19.

C.

Development site plan. A development site plan shall be required for each building permit application, shall be submitted to the administrative official for approval and shall contain the following information:

1.

A scale drawing showing the boundary of the tract and topography with a contour interval of not less than two-foot intervals, and drainage information.

2.

The location of each building and the minimum distance between buildings and between buildings and the property lines, street line and/or alley line shall be submitted. The plan shall include all dimensions, all easements, the legal description and zoning of the subject property and all adjacent property.

3.

A plan indicating the arrangement and provision of off-street parking, off-street loading, outside storage areas, method and location of storage area screening and points of entry from adjoining thoroughfares.

4.

A table showing net land area, ratio of building area and outside storage areas to net land area.

5.

A table of performance standards of the characteristics of the industrial activities to be conducted on the site, if required by the administrative official.

6.

Scale, north arrow, and names and addresses of owners and/or developers with name(s) and address(es) of those responsible for preparation of the development plan.

7.

For development projects influenced by or containing major drainage ways or containing areas flood prone by definition of the city engineer, preliminary drainage plan shall become a part of the development site plan. This requirement may be waived only by the recommendation of the city engineer.

8.

Existing and proposed fire hydrants, sign information, and provisions for external illumination and trash collection.

The administrative official shall review the development site plan for conformance with applicable ordinances, regulations and codes. The administrative official, in consultation with other city officials, shall also review and evaluate the site plans for fire and safety concerns, traffic circulation, drainage, environmental constraints and impacts, landscaping, amenities and adequacy of buffers. If the proposed site plan conforms to applicable requirements and, in the opinion of the administrative official, provides adequate design features to reasonably mitigate adverse effects, the administrative official shall approve the site plan. An applicant may appeal a denial of site plan approval to the planning and zoning commission for reconsideration at its next available agenda. The commission prior to the meeting shall notify adjacent landowners potentially affected by the appeal in writing of the consideration.

D.

Height and area regulations. In the "I" Industrial District, the height of the buildings and the minimum dimension of yards shall be as follows:

1.

Height: Buildings shall not be limited by height. All buildings more than 60 feet in height shall be equipped with automatic sprinkler system as provided by the city's building code.

2.

Front yard: There shall be a front yard of not less than 30 feet, or the front yard indicated on a city-approved subdivision plat as filed in the Karnes County Plat Records, whichever is greater. Corner lots shall have a minimum side yard of 15 feet on the second front yard, the yard generally parallel to the street with the greatest frontage, unless reversed frontage is approved by the administrative official. If a building line shown on a city-approved subdivision plat as filed in the Karnes County Plat Records is greater than 15 feet, then the platted building line shall be required on the second front yard. Garage doors and gates meant for vehicle use shall be located no closer than 20 feet from the right-of-way.

3.

Side yard: There shall be a side yard of not less than ten feet, unless additional emergency access is required by the fire marshal.

4.

Rear yard: There shall be a rear yard of not less than 20 feet, unless additional emergency access is required by the fire marshal.

E.

Performance standards. The following are maximum accepted levels of noise, vibration, and smoke, particulate matter and toxic and noxious matter allowable for industrial uses. If the proposed use results in the discharge of sanitary sewage effluent containing industrial wastes or other effluent into the City of Kenedy's sanitary sewage system, a characterization of the effluent and a description of proposed methods of pretreatment (if any) must accompany the development site plan. No industrial facility may release waste into the City of Kenedy's sanitary sewage system unless the waste is approved by the city engineer. The performance standards report may be waived by the administrative official if the proposed use is considered not to produce the listed effects. Maximum levels of noise, vibration, smoke, particulate matter and visible emissions must be within state and federal standards as documented by permits for any such emissions. All operating permits from regulatory agencies must be filed with the city office and they shall be updated within 30 days of receipt of renewal or amendment.

Noise: The day-night average sound level at the property line shall not exceed 80 decibels.

Smoke, particulate matter and visible emissions: Smoke or visible emissions emitted from any vent, stack, chimney, skylight, or window shall not exceed an opacity of 20 percent averaged over a five-minute period not including water vapor. Any emission of air pollutant must be in accordance with the requirements of the State of Texas and federal government as detailed in the National Ambient Air Quality Standard (NAAQS).

Toxic and noxious matter: The handling, processing, storage and disposal of hazardous, toxic, or noxious materials within this district shall be in accordance with applicable state and federal laws and regulations. All liquid hazardous materials stored in quantities that could cause harm to the environment shall be stored in such a manner as to prevent accidental runoff into public waterways or sewage treatment plants. All outdoor containment must be sized to hold the largest storage container plus ten percent freeboard. In addition, the planning and zoning commission may establish additional performance standards, including setbacks, berms, and buffers, for the siting of facilities which handle, treat, store, or dispose of potentially hazardous or dangerous materials. Hazardous liquid materials must be stored in a contained area.

Additional standards: The planning and zoning commission may establish additional performance standards to protect neighboring areas and land uses from potential industrial hazards and nuisances.