42.- M-3 HEAVY INDUSTRIAL DISTRICT REGULATIONS
(a)
The M-3 District is intended and designed to provide areas of the city for activities and uses of a heavy industrial character. Since this is the least restrictive of any district, almost any use is permissible with the exception of a small number of uses which, by reason of certain undesirable characteristics, require the approval of the board of adjustment. In addition, no residential uses are permitted.
(a)
A building or premises may be used for any purpose whatsoever; provided that the regulations listed in subparagraphs (a) through (c) below are met:
(1)
No certificate of zoning compliance shall be issued for any use in conflict with any ordinance of the city or law of the State of Iowa regulating nuisances.
(2)
No certificate of zoning compliance shall be issued for any dwelling, school, hospital, clinic or other institution for human care except where incidental to a permitted principal use.
(3)
The uses hereinafter listed may be permitted subject to the approval by the board of adjustment after a public hearing. In its determination upon the particular uses at the location requested, the board shall consider all of the following provisions:
a.
That the proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property. To this end, the board may require that appropriate landscaping, walls, fences or other artificial screens be provided as buffers to minimize the effects of these uses on adjoining or surrounding property;
b.
That such use shall not impair an adequate supply of light and air to surrounding property;
c.
That such use shall not unduly increase congestion in the streets or public danger of fire and safety;
d.
That such use shall not diminish or impair established property values in adjoining or surrounding property; and
e.
That such use shall be in accord with the intent, purpose and spirit of this ordinance and the comprehensive plan of the city.
f.
The uses subject to the above provisions are as follows:
i.
Packinghouses, slaughterhouses and/or stockyards.
ii.
Acid manufacture or wholesale storage of acids.
iii.
Anhydrous ammonia storage and/or pumping facilities.
iv.
Automobile, tractor or machinery wrecking and used parts yards; provided that any wrecking operation is carried on within a building completely enclosed with walls and roof and the yard completely enclosed with a wall or fence, reasonably maintained, at least six (6) feet high, completely obscuring the activity. There shall be only one (1) opening in the wall or fence facing any public street for every two hundred (200) feet of length.
v.
Cement, lime, gypsum or plaster of paris manufacture.
vi.
Distillation of bones.
vii.
Explosive manufacture or storage.
viii.
Fat rendering.
ix.
Fertilizer manufacture.
x.
Garbage, offal or dead animal reduction.
xi.
Gas manufacture and cylinder recharging.
xii.
Glue, size or gelatin manufacture.
xiii.
Salvage, iron or rags, storage or baling and wastepaper yards where the premises upon which such activities are conducted are wholly enclosed within a building, wall or fence not less than six (6) feet in height, completely obscuring the activity.
xiv.
Petroleum or its products, refining or wholesale storage of, and asphalt plants.
xv.
Rubber goods manufacture.
xvi.
Sand or gravel pits.
xvii.
Smelting of tin, copper, zinc or iron ores.
xviii.
Transmitting stations.
xix.
Wholesale storage of gasoline and other flammable liquids.
(a)
Child care center provided a special use permit has been obtained pursuant to 19.10.010 (f-1). Family day care; group day care, preschool and all other child day care facilities are not allowed.
(a)
The best practical means known for the disposal of refuse matter or water carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise or similar nuisance shall be employed.
(b)
All principal or accessory structures housing a use permitted only in the M-3 District shall be located at least one hundred (100) feet from any "R" district.
(c)
All signs shall meet the requirements of the B-4 District regulations.
(a)
The following minimum requirements shall be observed subject to the modifications contained in Section 19.02.100:
(1)
Front yard: 40 feet.
(2)
Side yards: None required except when adjacent to any street right-of-way line; in which case, twenty-five (25) feet.
(3)
Rear yard: Forty (40) feet; except that where a railroad right-of-way lies immediately adjacent to the rear of the lot, the rear yard requirement need not apply.
(4)
Maximum height: No limitation.
(5)
Maximum number of stories: No limitation.
(a)
The total land area devoted to open space and landscaping shall not be less than ten (10) percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped area and shall not include access drives, parking areas, structures or buildings except ornamental structures included as part of the landscaping theme.
(a)
Spaces for off-street parking and loading shall be provided in accordance with the provisions of Chapter 19.06.
(a)
Site plans shall be required in accordance with the provisions of Chapter 19.12 for all uses permitted in this district.
(a)
Signs shall be provided in accordance with the provisions of Chapter 19.09.
42.- M-3 HEAVY INDUSTRIAL DISTRICT REGULATIONS
(a)
The M-3 District is intended and designed to provide areas of the city for activities and uses of a heavy industrial character. Since this is the least restrictive of any district, almost any use is permissible with the exception of a small number of uses which, by reason of certain undesirable characteristics, require the approval of the board of adjustment. In addition, no residential uses are permitted.
(a)
A building or premises may be used for any purpose whatsoever; provided that the regulations listed in subparagraphs (a) through (c) below are met:
(1)
No certificate of zoning compliance shall be issued for any use in conflict with any ordinance of the city or law of the State of Iowa regulating nuisances.
(2)
No certificate of zoning compliance shall be issued for any dwelling, school, hospital, clinic or other institution for human care except where incidental to a permitted principal use.
(3)
The uses hereinafter listed may be permitted subject to the approval by the board of adjustment after a public hearing. In its determination upon the particular uses at the location requested, the board shall consider all of the following provisions:
a.
That the proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property. To this end, the board may require that appropriate landscaping, walls, fences or other artificial screens be provided as buffers to minimize the effects of these uses on adjoining or surrounding property;
b.
That such use shall not impair an adequate supply of light and air to surrounding property;
c.
That such use shall not unduly increase congestion in the streets or public danger of fire and safety;
d.
That such use shall not diminish or impair established property values in adjoining or surrounding property; and
e.
That such use shall be in accord with the intent, purpose and spirit of this ordinance and the comprehensive plan of the city.
f.
The uses subject to the above provisions are as follows:
i.
Packinghouses, slaughterhouses and/or stockyards.
ii.
Acid manufacture or wholesale storage of acids.
iii.
Anhydrous ammonia storage and/or pumping facilities.
iv.
Automobile, tractor or machinery wrecking and used parts yards; provided that any wrecking operation is carried on within a building completely enclosed with walls and roof and the yard completely enclosed with a wall or fence, reasonably maintained, at least six (6) feet high, completely obscuring the activity. There shall be only one (1) opening in the wall or fence facing any public street for every two hundred (200) feet of length.
v.
Cement, lime, gypsum or plaster of paris manufacture.
vi.
Distillation of bones.
vii.
Explosive manufacture or storage.
viii.
Fat rendering.
ix.
Fertilizer manufacture.
x.
Garbage, offal or dead animal reduction.
xi.
Gas manufacture and cylinder recharging.
xii.
Glue, size or gelatin manufacture.
xiii.
Salvage, iron or rags, storage or baling and wastepaper yards where the premises upon which such activities are conducted are wholly enclosed within a building, wall or fence not less than six (6) feet in height, completely obscuring the activity.
xiv.
Petroleum or its products, refining or wholesale storage of, and asphalt plants.
xv.
Rubber goods manufacture.
xvi.
Sand or gravel pits.
xvii.
Smelting of tin, copper, zinc or iron ores.
xviii.
Transmitting stations.
xix.
Wholesale storage of gasoline and other flammable liquids.
(a)
Child care center provided a special use permit has been obtained pursuant to 19.10.010 (f-1). Family day care; group day care, preschool and all other child day care facilities are not allowed.
(a)
The best practical means known for the disposal of refuse matter or water carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise or similar nuisance shall be employed.
(b)
All principal or accessory structures housing a use permitted only in the M-3 District shall be located at least one hundred (100) feet from any "R" district.
(c)
All signs shall meet the requirements of the B-4 District regulations.
(a)
The following minimum requirements shall be observed subject to the modifications contained in Section 19.02.100:
(1)
Front yard: 40 feet.
(2)
Side yards: None required except when adjacent to any street right-of-way line; in which case, twenty-five (25) feet.
(3)
Rear yard: Forty (40) feet; except that where a railroad right-of-way lies immediately adjacent to the rear of the lot, the rear yard requirement need not apply.
(4)
Maximum height: No limitation.
(5)
Maximum number of stories: No limitation.
(a)
The total land area devoted to open space and landscaping shall not be less than ten (10) percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped area and shall not include access drives, parking areas, structures or buildings except ornamental structures included as part of the landscaping theme.
(a)
Spaces for off-street parking and loading shall be provided in accordance with the provisions of Chapter 19.06.
(a)
Site plans shall be required in accordance with the provisions of Chapter 19.12 for all uses permitted in this district.
(a)
Signs shall be provided in accordance with the provisions of Chapter 19.09.