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New Carlisle City Zoning Code

CHAPTER 1272

I-1 Light Industrial Districts

1272.01 SIZE.

   An I-1 Light Industrial District shall contain a minimum of ten acres.
(Ord. 82-38. Passed 9-20-82.)

1272.02 INTENT.

   The intent of I-1 Light Industrial Districts is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare and which operate entirely in enclosed structures and generate little industrial traffic (heavy truck traffic). Research activities are encouraged in such Districts. I-1 Districts are further designed to act as transitional uses between heavy industrial uses and other less intensive business and residential uses.
(Ord. 82-38. Passed 9-20-82.)

1272.03 PERMITTED USES.

   The following uses are permitted in an I-1 Light Industrial District:
   (a)   Industrial and manufacturing uses;
   (b)   Research and development establishments;
   (c)   Warehouses and wholesale establishments; and
   (d)   Building materials sales and storage yards.
   (e)   Sexually oriented business as defined in Section 1240.05. These uses shall also comply with the development standards contained in Section 1270.14.
(Ord. 82-38. Passed 9-20-82; Ord. 04-44. Passed 9-7-04.)

1272.04 CONDITIONAL USES.

   The following uses are permitted in an I-1 Light Industrial District only if expressly authorized by Council in accordance with Chapter 1284 and subject to limitations and restrictions deemed necessary by the Planning Board and/or Council:
   (a)   Junk yards, including salvage yards and automobile wrecking yards;
   (b)   Resource and mineral extraction;
   (c)   Retail establishments; and
   (d)   Shooting ranges and archery ranges.
(Ord. 82-38. Passed 9-20-82; Ord. 85-11. Passed 3-4-85; Ord. 09-48E. Passed 8-17-09; Ord. 2022-56. Passed 11-21-22.)

1272.05 PROHIBITED USES.

   No building or other structure in an I-1 Light Industrial District shall be used for any type of dwelling unit.
(Ord. 82-38. Passed 9-20-82.)

1272.06 ACCESSORY BUILDINGS AND USES.

   An accessory use or building or other structure customary and incidental to a use permitted in this chapter is permitted in an I-1 Light Industrial District.
(Ord. 82-38. Passed 9-20-82.)

1272.07 LOTS.

   No zoning lot less than one acre in area is permitted in an I-1 Light Industrial District. The ratio of the length of such a lot to its width shall not exceed three to one.
(Ord. 82-38. Passed 9-20-82.)

1272.08 YARDS.

   Yard requirements for an I-1 Light Industrial District are as follows:
   (a)   Front. There shall be a minimum depth of fifty feet.
   (b)   Side. There shall be a minimum width on either side of twenty-five feet, with the combined width of both side yards not less than seventy-five feet.
   (c)   Rear. There shall be a minimum depth of twenty-five feet.
(Ord. 82-38. Passed 9-20-82.)

1272.09 COVERAGE OF LOT BY BUILDINGS.

   In an I-1 Light Industrial District, the principal and accessory buildings on a lot may occupy up to a maximum of fifty percent thereof.
(Ord. 82-38. Passed 9-20-82.)

1272.10 FLOOR AREA.

   There are no minimum floor area requirements in an I-1 Light Industrial District. (Ord. 82-38. Passed 9-20-82.)

1272.11 BUILDING HEIGHT.

   There is no maximum building height in an I-1 Light Industrial District.
(Ord. 82-38. Passed 9-20-82.)

1272.12 OFF-STREET PARKING AND LOADING.

   Off-street parking and loading in an I-1 Light Industrial District shall be provided for in accordance with Chapter 1292.
(Ord. 82-38. Passed 9-20-82.)

1272.13 PERFORMANCE STANDARDS.

   All industrial establishments that are either principal permitted uses or conditionally permitted uses in an I-1 Light Industrial District must fully meet, or in the case of potential uses, demonstrate that they will fully meet, the performance standards relative to nuisance values outlined in Sections 1280.07 through 1280.18.
(Ord. 82-38. Passed 9-20-82.)

1272.14 SEXUALLY ORIENTED BUSINESSES DEVELOPMENT REGULATIONS.

   (a)   No sexually oriented business shall be established within 400 feet of any area zoned as a residential district.
   (b)   No sexually oriented business shall be established within a radius of 500 feet of any nursery school, kindergarten, day care, compulsory school or library, whether public or private, governmental, religious or commercial, which nursery school, kindergarten, day care, compulsory school or library is attended by persons under 18 years of age.
   (c)   No sexually oriented business shall be established within a 500-foot radius of any public park or public recreational facility.
   (d)   No sexually oriented business shall be established within a radius of 1,000 feet of any other sexually oriented business or a 1,000-foot radius of any two of the following establishments:
      (1)   Establishments for the sale of beer or intoxicating liquor for consumption on the premises.
      (2)   Pawn shops.
      (3)   Pool or billiard halls.
      (4)   Pinball palaces, halls, or arcades.
      (5)   Dance halls or discotheques.
   (e)   No sexually oriented business shall be established within 500 feet of any church.
   (f)   Advertisements, displays or other promotional materials posted or displayed at a sexually oriented business shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from any other public area.
   (g)   All building openings, entries, doorways, windows, and the like, at any sexually oriented business shall be located, covered, or screened in such a manner as to prevent any view into the interior of any such sexually oriented business from the exterior of the structure or any public area.
   (h)   No screens, loudspeakers or sound equipment shall be used by a sexually oriented business that can be seen or discerned by the public from any public area.
   (i)   Site plan approval required. A site plan shall be submitted to the Planning Board for Approval. Such site plan shall be drawn to scale and shall graphically demonstrate compliance with the location requirements set forth herein, and compliance with all setback, landscaping, screening, parking, loading, signage, yard, and structural requirements of the I-1, Light Industrial Zone. The Planning Board shall grant approval or denial of the site plan based only on the nondiscretionary technical requirements set forth in Sections 1272.08 through 1272.13. The Planning Board shall render its decision on whether to approve or deny a site plan for a sexually oriented business within 45 days of the initial site plan review by the Board. Failure of the Planning Board to render approval or denial of a submitted site plan for a sexually oriented business within the 45-day review period shall result in the submitted site plan automatically being approved and the issuance of a zoning permit. This division (i) shall apply only to site plan approvals for sexually oriented businesses.
   (j)   Whether the location of a sexually oriented business satisfies the criteria of this section shall be determined by measuring the straight-line distance, without regard for intervening structures, from the closest exterior structural wall or section of wall enclosing the sexually oriented business to the nearest property line of the other use in question.
(Ord. 04-44. Passed 9-7-04.)