Mustang City Zoning Code

Property and buildings in the defined industrial districts shall be used only for those uses which have a "P" or an "R" in the zoning districts listed in the following table. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.33.020; Ord. No. 989, § 1, 2-20-2007; Ord. No. 993, § 1, 5-15-2007; Ord. No. 1023, § 19, 6-16-2009; Ord. No. 1173, § 4, 9-4-2018; Ord. No. 1217, § 11, 2-2-2021; Ord. No. 1283, § 7, 3-7-2023)

_____

The purpose of the I-1 light industrial district is to provide a location for low-impact industrial developments which do not by their nature create nuisances. The intent is to preserve this land for industry in a location beneficial to industries and to prohibit non-industrial uses.

(Code 1977, § 17.34.010)

Any use constructed, established, altered or enlarged in the I-1 industrial district after October 18, 1984, should be operated so as to comply with the following standards. No use already established on October 18, 1984, should be so altered or modified as to conflict with, or further conflict with, the applicable standards established hereinafter for the I-1 light industrial district.

(1)

No building should be used for residential purposes, except that a watchman may reside on the premises.

(2)

No retail sales or service should be permitted except those listed in section 122-641 for the I-1 district.

(3)

All operations, activities and storage (but not to include off-street parking and loading of motor vehicles in operating condition) should be conducted and maintained wholly inside buildings, except that storage may be maintained outside a building if no part is less than 15 feet from any lot line of the tract on which the use is located, and provided any such storage area is screened from other property with a decorative sight-proof fence or planting.

(4)

No noise from any operation conducted on the premises, other than that emanating from vehicular traffic, either continuous or intermittent, should be detectable at any boundary line of the I-1 district.

(5)

All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing and testing of goods, wares and merchandise should be carried on in such a manner so as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, odors, glare or heat, fire or explosive hazards.

(6)

No fuel or energy except electricity, natural and/or liquefied petroleum, and solar energy should be used.

(7)

No raw materials should be processed into any of the following basic products: metals of any kind, glass, plastic, textiles, leather or paper.

(8)

All premises should be furnished with all-weather hard-surfaced walks. Except for parking areas, the grounds shall be planted and landscaped.

(9)

The manufacture or the use of any materials which produce explosive vapors or gases is prohibited.

(10)

Any operation that produces intense glare or heat should be performed within a completely enclosed building, and exposed sources of light should be screened so as not to be detectable at the lot lines of the zoned parcel.

(Code 1977, § 17.34.020)

See section 122-641. Property and buildings in an I-1 district shall be used only for those uses which have a "P" or an "R" in the I-1 category listed in section 122-641. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.34.030; Ord. No. 1023, § 20, 6-16-2009; Ord. No. 1218, § 26, 2-2-2021)

For main and accessory buildings in the I-1 district, there shall be a lot area of not less than 14,000 square feet, except as provided in article IX of this chapter.

(Code 1977, § 17.34.040)

All lots in the I-1 district shall be at least 100 feet in width and abut on a street for a distance of not less than 60 feet.

(Code 1977, § 17.34.050)

The following requirements shall apply to all uses permitted in the I-1 district:

(1)

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard not less than 30 feet in depth.

(2)

Rear yard. In all cases, there shall be a rear yard not less than 30 feet in depth, except when abutting a residential district the distance from the property line to any building shall be 50 feet. Detached buildings of accessory use may be located in the rear yard of the main building, and shall not encroach on any easement.

(3)

Side yard.

a.

There shall be a minimum side yard setback of 15 feet on either side of the property line.

b.

There shall be a minimum side yard setback of 25 feet on the street side of any lot which abuts a street.

(Code 1977, § 17.34.060)

Main and accessory buildings and loading facilities in the I-1 district shall not cover more than 40 percent of the lot area, and in no case shall the gross floor area of the main building exceed the area of the lot.

(Code 1977, § 17.34.070)

No building or portion thereof in the I-1 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.34.080)

(a)

Requirements. Whenever any new Industrial-1 land use is established so as to abut the side or rear line of a lot or tract in any existing residential district or any subcategory thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, not less than six feet nor more than ten feet high, as measured from the finished grade, shall be constructed between the industrial and residential lots. Such fence shall be maintained by the industrial property owner in good condition, as determined by the community development director. This fence shall be placed along and within three feet of the rear lot line and along and within three feet of the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the industrial lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. Such sight-proof screening shall consist of a sturdy opaque fence and, if appropriate, decorative planting, which complies with the aesthetic standards of the adjoining residential district, and adequate so that the Industrial-1 use is not visible from any residential street or pedestrian way, except as to those portions of the operation of use which exceed the height limitations of the fencing or screening. This provision shall supersede all other fencing and lighting requirements for Industrial-1 districts which may be contrary to this provision.

(b)

Fencing plan to be part of preliminary and final plats.

(1)

At the time of submission of an application for building permit for any Industrial-1 district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, and, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

(2)

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed fencing to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for fencing is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

(c)

Fencing plan in Industrial-1 districts. In those Industrial-1 districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the Industrial-1 district.

(d)

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, as required, is complete in accordance with the approved fencing plan.

(e)

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(Code 1977, § 17.34.090; Ord. No. 814, § 1, 10-1-2002)

All lots in the I-1 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.34.100)

No structure or use in the I-1 district shall be erected, commenced or allowed to continue which does not have a connection to a public or private sewer system or wastewater treatment facility considered adequate and effective by the city engineer or city inspector and the state department of health.

(Code 1977, § 17.34.110)

The purpose of the I-2 moderate industrial district is to provide locations for industry which may generate low levels of noise, odor, smoke, dust or glare which shall be contained within an enclosed building and are not a hazard to the surrounding areas. The intent is to preserve this land for industry in a location beneficial to industries and to prohibit non-industrial use.

(Code 1977, § 17.36.010)

Any use constructed, established, altered or enlarged in the I-2 moderate industrial district after October 18, 1984, shall be operated as to comply with the following standards. No use already established on October 18, 1984, shall be so altered or modified as to conflict with, or further conflict with, the applicable standards established hereinafter for the I-2 moderate industrial district.

(1)

No building shall be used for residential purposes, except that a watchman may reside on the premises.

(2)

No retail sales or services shall be permitted except those listed in section 122-641 for the I-2 district.

(3)

No storage, manufacture or assembly of goods shall be conducted out of a building unless properly screened pursuant to section 122-699.

(4)

Exterior lighting fixtures shall be shaded wherever necessary to avoid direct light upon property located in any residential districts.

(5)

All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing and testing of goods, wares and merchandise shall be carried on in such a manner so as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, odors, glare or heat, fire or explosive hazards.

(6)

No activities involving storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted.

(Code 1977, § 17.36.020)

See section 122-641. Property and buildings in an I-2 district shall be used only for those uses which have a "P" or an "R" in the I-2 category listed in section 122-641. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a conditional use that may be permitted subject to acquiring a conditional use permit in accordance with section 122-57.

(Code 1977, § 17.36.030; Ord. No. 1023, § 21, 6-16-2009)

For main and accessory buildings in the I-2 district, there shall be a lot area of not less than 20,000 square feet, except as provided in article IX of this chapter.

(Code 1977, § 17.36.040)

All lots in the I-2 district shall be at least 200 feet in width and abut on a street for a distance of not less than 60 feet.

(Code 1977, § 17.36.050)

The following requirements shall apply to all uses permitted in the I-2 district:

(1)

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard not less than 30 feet in depth.

(2)

Rear yard. In all cases, there shall be a rear yard not less than 30 feet in depth, except when abutting a residential district the distance from the property line to any building shall be 50 feet. Unattached buildings of accessory use may be located in the rear yard of the main building, and shall not encroach on any easements.

(3)

Side yard.

a.

There shall be a minimum side yard setback of 15 feet on either side of the property line.

b.

There shall be a minimum side yard setback of 25 feet on the street side of any lot which abuts a street.

(Code 1977, § 17.36.066)

Main and accessory buildings and loading facilities in the I-2 district shall not cover more than 50 percent of the lot area, and in no case shall the gross floor area of the main building exceed the area of the lot.

(Code 1977, § 17.36.070)

No building or portion thereof in the I-2 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.36.080)

(a)

Requirements. Whenever any new Industrial-2 land use is established so as to abut the side or rear line of a lot or tract in any existing Residential District or any subcategory thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, not less than eight feet nor more than ten feet high, as measured from the finished grade, shall be constructed between the industrial and residential lots. Such fence shall be maintained by the property owner in good condition, as determined by the community development director. This fence shall be placed along and within three feet of the rear lot line and along and within three feet of the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the industrial lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. Such sight-proof screening shall consist of a sturdy opaque fence and, if appropriate, decorative planting, which complies with the aesthetic standards of the adjoining residential district, and adequate so that the Industrial-2 use is not visible from any residential street or pedestrian way, except as to those portions of the operation of use which exceed the height limitations of the fencing or screening. This provision shall supersede all other fencing and lighting requirements for Industrial-2 districts which may be contrary to this provision.

(b)

Fencing plan to be part of preliminary and final plats.

(1)

At the time of submission of an application for building permit for any Industrial-2 district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, and, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

(2)

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed fencing to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for fencing is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

(c)

Fencing plan in Industrial-2 districts. In those Industrial-2 districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the Industrial-2 district.

(d)

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, as required, is complete in accordance with the approved fencing plan.

(e)

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(Code 1977, § 17.36.090; Ord. No. 815, § 1, 10-1-2002)

All lots in the I-2 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.36.100)

No structure or use in the I-2 district shall be erected, commenced or allowed to continue which does not have a connection to a public or private sewer system or wastewater treatment facility considered adequate and effective by the city engineer or city inspector and the state department of health.

(Code 1977, § 17.36.110)

The purpose of the I-3 heavy industrial district is to provide a location for industries which may by their very nature create nuisances, but which do not create noxious nuisances or a hazard to surrounding areas. The intent is to preserve this land especially for industry in locations with access to primary major arterials and rail service. Even though this district caters to industries which may create a substantial nuisance, it does not permit industries which by the nature of their operation emit odors, gases, dust, noise, smoke, heat, glare or vibration in sufficient quantities so as to constitute a hazard to the public health, safety and general welfare.

(Code 1977, § 17.38.010)

Any use constructed, established, altered or enlarged in the I-3 heavy industrial district after October 18, 1984, shall be operated as to comply with the following standards. No use already established on October 18, 1984, shall be so altered or modified as to conflict with, or further conflict with, the applicable standards established hereinafter for the I-3 heavy industrial district.

(1)

No building shall be used for residential purposes, except that a watchman may reside on the premises.

(2)

No retail sales or services shall be permitted except those listed in section 122-641 for the I-3 district.

(3)

No storage, manufacture or assembly of goods shall be conducted out of a building unless properly screened pursuant to section 122-729.

(4)

Exterior lighting fixtures shall be shaded wherever necessary to avoid direct light upon property located in any residential district.

(5)

All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing and testing of goods, wares and merchandise shall be carried on in such a manner as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, odors, glare or heat, fire or explosive hazards.

(6)

No activities involving storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted.

(Code 1977, § 17.38.020)

See section 122-641. Property and buildings in an I-3 district shall be used only for those uses which have a "P" or an "R" in the I-3 category listed in section 122-641. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.38.030; Ord. No. 1023, § 22, 6-16-2009; Ord. No. 1218, § 27, 2-2-2021)

For main and accessory buildings in the I-3 district, there shall be a lot area of not less than 25,000 square feet, except as provided in article IX of this chapter.

(Code 1977, § 17.38.040)

All lots in the I-3 district shall be at least 250 feet in width and abut on a street for a distance of not less than 60 feet.

(Code 1977, § 17.38.050)

The following requirements shall apply to all uses permitted in the I-3 district:

(1)

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard not less than 30 feet in depth.

(2)

Rear yard. In all cases, there shall be a rear yard not less than 30 feet in depth, except when abutting a residential district the distance from the property line to any building shall be 50 feet. Unattached buildings of accessory use may be located in the rear yard of the main building, and shall not encroach on any easements.

(3)

Side yard.

a.

There shall be a minimum side yard setback of 15 feet on either side of the property line.

b.

There shall be a minimum side yard setback of 25 feet on the street side of any lot which abuts a street.

(Code 1977, § 17.38.060)

Main and accessory buildings and loading facilities in the I-3 district shall not cover more than 50 percent of the lot area, and in no case shall the gross floor area of the main building exceed the area of the lot.

(Code 1977, § 17.38.070)

No building or portion thereof in the I-3 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.38.080)

(a)

Requirements. Whenever any new Industrial-3 land use is established so as to abut the side or rear line of a lot or tract in any existing residential district or any subcategory thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, ten feet high, as measured from the finished grade, shall be constructed between the industrial and residential lots. Such fence shall be maintained by the property owner in good condition, as determined by the community development director. This fence shall be placed along and within three feet of the rear lot lines and along and within three feet of the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the industrial lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. Such sight-proof screening shall consist of a sturdy opaque fence and, if appropriate, decorative planting, which complies with the aesthetic standards of the adjoining residential district, and adequate so that the Industrial-3 use is not visible from any residential street or pedestrian way, except as to those portions of the operation of use which exceed the height limitations of the fencing or screening. This provision shall supersede all other fencing and lighting requirements for Industrial-3 districts which may be contrary to this provision.

(b)

Fencing plan to be part of preliminary and final plats.

(1)

At the time of submission of an application for building permit for any Industrial-3 district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, and, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

(2)

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed fencing to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for fencing is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

(c)

Fencing plan in Industrial-3 districts. In those Industrial-3 districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the Industrial-3 district.

(d)

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, as required, is complete in accordance with the approved fencing plan.

(e)

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(Code 1977, § 17.38.090; Ord. No. 816, § 1, 10-1-2002)

All lots in the I-3 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.38.100)

No structure or use in the I-3 district shall be erected, commenced or allowed to continue which does not have a connection to a public or private sewer system or wastewater treatment facility considered adequate and effective by the city engineer or city inspector and the state department of health.

(Code 1977, § 17.38.110)