The Industrial District is intended to provide a setting for light industry or occasional low impact land use that is attractive, suitable for efficient operations, and not objectionable to adjacent land uses.

All users and uses of the Industrial District must be approved by the Village. Industrial uses that are consistent with the Village Code, especially Chapter 4 nuisance and State and Federal Environmental requirements shall be permitted and must establish the following in a written use permit.

1. Water use shall not exceed 50,000 gal. limit unless otherwise specifically approved by the Village Board
2. A site plan for the plat, including landscape and sidewalk details, and how utilities service the site;
3. The proposed use of the lot and each building thereon;
4. Types and amounts of discharge or waste, including noise and odor;
5. Accessibility from a public street or roadway;
6. Parking and traffic patterns and amounts;
7. That the use conforms to the requirements of this chapter. These uses generally include but are not limited to the following purposes:
   1. Assembly of metal products, welding shops;
   2. Laboratory;
   3. Manufacture and assembly of electrical and electronic appliances;
   4. Manufacture of light sheet metal products, including heating and ventilation equipment;
   5. Machine shop or other metal working;
   6. Printing and publishing business;
   7. Stone and monument works;
   8. Warehouses and wholesale business; and
   9. Self-service storage facility, which means a building, group of buildings, or other facility having compartments, rooms, spaces, or other type of units that are individually leased, rented, sold or otherwise contracted for by customers for the storage of personal or business goods or property, and where the facility owner/operator has limited access to the units. For purposes of this Code, self-service storage facility shall be considered synonymous with self-storage warehouse, self-storage facility, mini-warehouse or mini-storage.
   10. Contractor’s offices and shops (if enclosed);
   11. Social or Reception Halls;
   12. Sports fields for participants and spectators.
8. Dwelling units provided the minimum requirements of the Residential District are adhered to, and the purpose and intent of this chapter are upheld, and provided that no more than three (3) unrelated persons shall reside in any single dwelling unit.

Live animals with the exception of domestic household pets are excluded from the Industrial District.

(Revised October 5, 2011, Ordinance 2011-08; Revised May 4th, 2016, Ordinance 2016-01)

1. Front yard: Except as herein after provided, there shall be a front yard having a depth of not less than fifty (50) feet;
2. Side Yard: Except as herein after provided, there shall be a side yard on each side of an industrial lot having a width of not less than twenty five (25) feet;
3. Rear yard; Except as hereinafter provided, there shall be a rear yard of not less than fifty (50) feet;
4. Intensity of use; every buildable lot or tract of land for each separate user shall have an area of not less than one hundred thousand (100,000) square feet, and an average width of not less than two hundred (200) feet.
5. Every lot shall be developed in accordance with the standards of the Subdivision regulations of the Village of Malcolm, Nebraska.
6. Every building shall be built in accord to the building codes of the Village as they may change from time to time.

(Revised October 5, 2011, Ordinance 2011-08)

1. When the side or rear yard abuts a residential use (including a residence on an agricultural use) or district, the outside boundaries shall be screened with approved landscape plant materials, walls or fencing;
2. Where forty (40) percent or more or the frontage on the same side of a street between two intersecting streets is developed with two (2) or more buildings that have (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line;
3. Where forth (40) percent or more of the frontage on the side of a street between two intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:
   1. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closet front corners of the adjacent building on either side; or
   2. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

No building shall exceed two (2) stories nor twenty-five (25) feet in height, except that buildings may exceed two (2) stories or twenty-five (25) feet in height provided the building is set back two (2) feet from all required yard lines for each one (1) foot of additional height above twenty-five (25) feet.

1. For permitted Industrial District uses or service establishments, accessory off-street parking shall be provided as follows; One space for each employee on the maximum working shift, plus additional parking to reasonable accommodate those invited to the use or service establishment;
2. All parking spaces shall be paved with asphalt, concrete or suitable substitution;
3. Where off street parking is located on a lot other than the lot occupied by the use which requires it, site plan approval for both lots is required;
4. No truck, semi or trailer parking shall be allowed within two hundred (200) feet of public roads.

No uses within the Industrial District shall create traffic volume that will exceed the capacity of the streets/roads within the surrounding Village of Malcolm.

1. Physical Appearance. All operations shall be carried on within an enclosed building except:
   1. That new materials or equipment in operable condition may be stored in outside, and 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 may be outside as allowed by the use permit;
   2. Outside sports activities (viewing or playing) may be outside as allowed by the use permit;
   3. Outside storage or display shall be screened by a privacy fence or landscape screening;
   4. Normal daily wastes of inorganic nature may be stored in containers not in a building when such containers are screened from view by a privacy fence, no closer than seventy-five (75) feet from the property line.
2. Water: Private wells are not permitted in the village. No use shall consume water in excess of fifty thousand (50,000) gallons/month unless otherwise specifically approved by the Village Board. Excess usage shall result in a surcharge against the use. Each use must be connected to a water meter. All uses outside the Village must have adequate water available and contained or provided from the lot.
3. Noise: The level of noise generated from any operations within the Industrial Park shall not disturb neighboring uses and shall not exceed a decibel level of 85 except for limited periods of time on a non recurring and non regular basis; no noticeable noise shall be generated prior to 7:00 a.m. or after 8:00 p.m. Monday through Saturday; No noticeable noise shall be generated on Sunday; noise shall be measured at the property line and when the level of noise cannot be determined by observation with the natural senses, a suitable instrument may be used.
4. Sewage and Waste: No operation shall be carried on which involves the discharge into a sewer, water course, or the ground, waste of any toxic, radioactive or poisonous nature or chemical waste which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations. Each use in the city shall be connect to the sewer system. No use shall exceed the sewer use of a household domestic sewer user. All uses outside the Village must have adequate sewer or septic facilities contained within or upon the lot.
5. Fire Hazard: No operation shall involve the use of highly flammable gasses, acids, liquids, grinding process, 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 regulations or local, state and federal authorities.
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.
7. 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.
   

The Village may enter into use agreements with any special user regarding utilities (including water and sewer uses), access, parking and traffic which may not strictly conform to the code to reasonable regulate the uses in the industrial district.

In addition to the nuisance provisions detailed in Chapter 4 of the Malcolm Municipal Code, the following provisions shall apply to the Industrial District:

1. Building without a building permit;
2. Special use of the District without a special use permit;
3. Violations of the noise ordinance;
4. Violation of special use permit;
5. Water and/or sewer usage in excess of allowable limits.

Violations of the nuisance shall be fined against the user of the plat, not to exceed three hundred (300) dollars for each day of such violation.

1. Concrete sidewalks shall be constructed, at users cost, in pedestrian ways and on both sides of all streets, including collector and major streets, in compliance with applicable design standards of the Village. The Village may approve alternate locations for sidewalks pursuance to the following criteria:
   1. The location of the alternate sidewalk must be predominantly parallel to the street where the standard sidewalk would be required;
   2. The alternate sidewalk shall be illuminated and connected as its extremities to the sidewalk located in the abutting street;
   3. Sidewalks shall be constructed to the limits of the subdivision in the abutting streets;
   4. The distance between the alternate sidewalk location and the standard sidewalk location shall not be greater than fifteen percent of the total length of the alternate sidewalk;
   5. An easement permitting public use of the sidewalk and ensuring continual maintenance and availability to the public of the sidewalk shall be provided for all sidewalks approved at alternate locations and located outside of the public right-of-way.
2. All sidewalks shall be not less than four (4) feet wide unless otherwise permitted by the Village Board.

See Chapter 9, Section 9-102.1.