The controlled industrial district is intended to permit manufacturing, warehousing and office activities in an attractive industrial park setting. With the exceptions provided in this article, light and heavy industrial uses are permitted which conform to the standards imposed upon the district. The district zoning classification is "Controlled Industrial District," abbreviated M-C district.

(Code 1998, § 37-39.5; Ord. No. 3789, 2-18-1992)

(a)

Application requirements.

(1)

Application; original construction or expansion. The owner will be required to file with the building inspector an application for a building permit, a site development plan and a landscape plan. This provision applies to the original construction and any expansion or modification outside the confines of existing building perimeters. Building permits for interior modifications of buildings may be processed in the manner of building permits outside a controlled industrial district.

(2)

Review by building inspector; submittal for recommendations. The building inspector will review the application and the plans and specifications for compliance with zoning, building and sign codes of the city. As soon as he concludes the application is in order and can be approved, he will submit the entire application with his comments and recommendations to the planning commission.

(3)

Review by planning commission; approval or comments. The planning commission will review the application and the building inspector's comments for compliance with the terms of the M-C district zoning requirements. It will return its approval or comments to the building inspector.

(4)

Preliminary submission. Before expanding funds for construction site and landscaping plans, a developer may submit for preliminary comments a description in principal outlining generally the proposed improvements. The building inspector, after consultation with the planning commission, will provide a general response advising a developer of any apparent conflicts between the concept submitted and the requirements of this article. Preliminary submissions are not required, but will be processed to accommodate and avoid unnecessary costs to developers.

(b)

Site development plan. The site development plan will depict the improvements including all parking and loading areas. A developer should explain in the site development plan the intended use of the site. The plan should include, if appropriate, topographical surveys, proposed installation of utilities, proposed new contours, including cuts and fills, available and proposed drainage detail, methods and location of waste treatment if in excess of sewerage capacity (with details of waste volume anticipated), required conduit and waste holding reservoir, if applicable, existing and proposed rail lines, and the details of construction of parking lots, walkways, interior paving, curbs, gutters, percentages and locations of total area proposed for use and standard building designs.

(c)

Landscape plan. The landscape plan should contain a reasonable drawing locating and identifying the anticipated deciduous shade trees, ornamental trees, upright evergreen trees, shrubs, ground cover, grass seeding or sod, and the owner's plan for the installation and maintenance. Landscape materials depicted on the landscape plan shall be elements of the project in the same manner as parking, building materials and other elements. The developer and his successors and tenants are responsible for the continued maintenance of the landscape plan. The landscaping will be subject to periodic inspection by the city to ensure compliance.

(d)

Approval; building and occupancy permits.

(1)

Building permit. Upon the planning commission's approval of the site development plan and landscape plan, the building inspector may issue the building permit if the building inspector has approved the application. In the event the planning commission fails to approve either plan, the developer may present the application to the city council, which will hold a public hearing and permit the comments of the owners of other lots within the M-C district. The council may approve, disapprove or conditionally approve the application and may accept such modifications of the application as the owner may submit in conjunction with the hearing process. A building permit cannot be issued by the building inspector on a conditional approval unless the owner modifies his application to meet all conditions of the approval. Modifications meeting conditional approval need not be returned through the review process.

(2)

Occupancy permit. All landscaping shall be in place prior to issuance of a certificate of occupancy under section 6-5. A temporary certificate authorizing temporary occupancy shall be issued if completion of landscaping is hampered by weather conditions.

(Code 1998, § 37-39.6; Ord. No. 3789, 2-18-1992)

Except as herein provided, all construction in the controlled industrial district is subject to all building, sign and standard street design codes of the city. In district M-C, no building, land or premises shall be used, and no building shall be hereafter erected, constructed, reconstructed or altered, except for one or more uses permitted in districts M-1, and M-2, subject, however, to the restrictions of district M-C. Use and maintenance violations may be prosecuted under section 37-14. The following uses permitted in M-1 and M-2 districts are not permitted in M-C districts:

(1)

Junk, wrecking and salvage operations.

(2)

Animal slaughter and dressing.

(3)

Fertilizer plants.

(4)

Organic waste processing plants.

(5)

Cement or lime manufacturing.

(6)

Petroleum or ore refining.

(7)

Asphalt plants.

(Code 1998, § 37-39.7; Ord. No. 3789, 2-18-1992)

(a)

Landscaping. At least 20 percent of the land in each lot shall be devoted to open space. All open space will be maintained in a grassed and landscaped condition. Landscaping shall be reasonably distributed throughout the site. Storage areas and vehicular ways shall not be included as a portion of the required 20 percent landscaped area. On site parking areas may be included as a portion of the required 20 percent landscaped area. Landscaping shall be maintained at all times in good order and not allowed to exist in a state of disrepair, death or deterioration. Minimum planting sizes/coverage shall be:

(1)

Deciduous shade trees—two-inch caliper measured six inches above ground.

(2)

Ornamental trees—four feet in height.

(3)

Conifers—six feet in height.

(4)

Upright evergreen trees—four feet in height.

(5)

Shrubs—24-inch minimum height.

(6)

Ground cover—40 percent growing coverage on initial planting, 60 percent in two growing seasons.

(7)

Grass seeding or sod—complete coverage within second growing season.

All trees, shrubs, fences, walls and other landscaping materials will be depicted on the landscape plan and will be the subject of periodic inspection to ensure compliance with the maintenance provisions of M-C zoning.

(b)

Screening requirements; exterior storage. Exterior storage areas shall be enclosed by a permanent screen, at least eight feet in height above ground surface of the storage area. Permanent screening may consist of a masonry wall, earth berm, wood fence, landscape materials, or a combination thereof. The required screening shall have an opacity of at least 80 percent yearround and, if landscaping is used, the 80 percent opacity shall be achieved within four full growing seasons. In the event a masonry wall or wood fence is used, ornamental landscaping will be utilized along the wall or fence or the side of the wall or fence facing the exterior property lines. Required walls, fences or landscaping shall be maintained in good order and not allowed to exist in a state of disrepair, death or deterioration. In no event shall stored or stacked materials, other than finished products, exceed the height of the required screening.

(c)

On-site parking areas. Parking areas not contained in screened exterior storage areas will be separated from abutting street rights-of-way and from buildings with landscaped strips at least eight feet in width. Standard design street entrances, sidewalks into buildings and driveways into overhead doors may cross the landscaped strips at any reasonable location. The landscaped strips will be landscaped with at least one tree for each 50 lineal feet. Trees may be clustered or arranged within landscaped strips and need not be at even intervals, but will be reasonably distributed throughout the site. On-site, off-street parking areas larger than 2,000 square feet shall contain a minimum of one tree for every 4,500 square feet of parking area. The required trees may be any locally adapted species. In the event an automobile parking area is configured in a manner that makes planting of trees impracticable or unsafe, shrubs or ground cover may be substituted for trees. On site parking areas in controlled industrial districts may be located in side yards, rear yards or front yards.

(d)

Use standards. No use shall be permitted or operated so as to produce or emit:

(1)

Smoke or particulate matter in violation of the standards of the ordinances of the city.

(2)

Dust, fly ash, radiation, gases, heat, glare or other effects which are of significant discomfort to a human being along the property line.

(3)

Noise of a level at any point along the property line exceeding duration and sound levels recognized as permissible in the workplace by the occupational safety and health administration and published in 29 CFR 1910.95, table G-16.

(4)

Industrial wastes of such quantity and nature to overburden the available public sewage disposal facilities or to cause odor or unsanitary condition beyond the property line.

(e)

Lot size, yards, building heights, vision clearance, on-street parking; loading docks, trucks and rails; signs, industrial park signs. In district M-C, any building or portion of a building hereafter erected, constructed, reconstructed or altered, and every lot, shall be subject to the following restrictions and regulations, notwithstanding any other requirement of M-1 and M-2 zoning:

(1)

Lot size. Not less than three acres. No platted lot may be subdivided unless the subdivided parts are consumed for use by the adjoining lots.

(2)

Yards. Front yards shall not be less than 50 feet; rear yards not less than 40 feet; side yards not less than 40 feet.

(3)

Building height. Building heights shall not exceed 45 feet nor exceed three stories in height unless a variance is granted.

(4)

Vision clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign or other structure, or plant growth of a type which would interfere with visibility across the corner, shall be permitted or maintained higher than three feet above the curb level within 15 feet of street curblines.

(5)

On-street parking. Parking will not be permitted on frontage roads or streets or access roads owned and maintained by the city inside the M-C district.

(6)

Loading docks; trucks and rail. Truck loading docks may be located in the rear or at the sides of buildings except that they will not face an outer roadway constructed and maintained by the city for a controlled industrial park. Truck loading docks located at the sides of buildings shall commence at least 30 feet behind the line of the largest structure (appendages excluded facing an outer roadway adjacent the controlled industrial park). Parking areas for trucks will be confined within the premises of each owner or lessee. A truck loading dock facing a street will be at least 60 feet beyond the street curbline to ensure that the loading/unloading process will not block the interior roadways. Loading docks for railroads will be located at the rear or at the side of buildings.

(7)

Signs. Signs, replicas and models shall be conservative and in good taste. No flashing, rotating, roof, elevated (above 15 feet), blinking, strobe or commercial advertising signs (other than a sign advertising the park and availability of sites) will be permitted. Signs will be attached to the buildings or associated with landscaping. Signs may be approved in the site plan or landscaping plan but otherwise will not exceed 36 square feet per sign, unless a variance is granted. Block letters on buildings are not subject to the sign restriction contained in this section. Industrial park signs of occupants of the park and signs identifying and advertising the availability of buildings and sites will not exceed 300 square feet per sign. All signs will meet or exceed the minimum requirements of design and construction set forth in section 29-9, except that a sign located in a front yard will be constructed in manner that supporting posts or poles will be enclosed by brick, stone or material similar to the exterior of the building. Other provisions of this Code notwithstanding, one sign for each site development may be located in a front, side or rear yard with a set back from the curbline of not less than 15 feet. A sign identifying the industrial park and advertising its development may be located anywhere within the platted controlled industrial district, and is not subject to the height restrictions of this article. Section 29-10(a)(5), relating to signs in M-1 and M-2 zones, is not applicable to controlled industrial district zoning.

(f)

Surfacing; off-street parking and loading. All off-street truck loading areas in district M-C will be constructed in compliance with the off-street parking and loading requirements of section 37-7(a)5, 6 and 7, and (b) and (c), and in a surface composition not less than one of the three pavement options set forth in the city's standard street design elements of local streets provided by section 31-58(a)5, 6 and 7, and (b) and (c), and in a surface composition not less than one inch less of subgrade and one inch less of asphalt or concrete required in the three pavement options set forth in the city's standard street design elements for local streets provided by section 31-58.

(Code 1998, § 37-39.8; Ord. No. 3789, 2-18-1992)