New Whiteland City Zoning Code
MANUFACTURING DISTRICT
§ 156.215 RESTRICTIONS FOR PERMITTED USES.
(A) All permitted M District uses are listed in the official Schedule of Uses Table, § 156.170 of this chapter.
(B) The following restrictions shall be applicable to all permitted uses within the M District.
(1) The storage, utilization and/or manufacture of materials intended for detonation (explosives) shall not be a permitted use in any manufacturing district.
(2) Retail sales or services, business offices or discount establishments dealing directly with the consumer, shall not be a permitted use within the M District; except those service facilities expressly designed for employees or guests; and, further provided that, said service facilities shall be wholly within a building and shall have no exterior advertising display.
(2004 Code, § 6-501)
§ 156.216 PROPERTY DEVELOPMENT REGULATIONS.
(A) Use.
(1) Enclosed operations. All operations, servicing or processing (except storage and off-street loading) shall be conducted within completely enclosed buildings.
(2) Outside storage. All outside storage of materials or products shall be:
(a) Within completely enclosed buildings; or
(b) Effectively screened by a chain link, lattice or similar type fence, with ornamental, non-solid or chain link or similar type entrance and exit gates. (Canvas may be attached to gates for effective screening). The height of said fence shall be at least six feet and shall not exceed eight feet, said fence shall be surrounded by trees or an evergreen hedge of a height not less than the height of said fence. The storage of materials or products within the enclosure may not exceed the height of the fence. Total area of outside storage shall not exceed 25% of the total gross floor area of enclosed structures and buildings.
(B) Required front yard, minimum setback. A front yard, having at least 75 feet width of frontage on a public street and having a minimum depth in accordance with the following setback requirements, shall be provided along the street right-of-way line. No part of any structure (excluding an eave or cornice overhang not exceeding four feet or a canopy at an entrance) shall be built closer to the centerline of a right-of-way of the following streets (as designated on the Comprehensive Plan of the town) than:
(1) Primary thoroughfare: 105 feet;
(2) Secondary thoroughfare: 95 feet; or
(3) Closer to the right-of-way line of all other streets (including, but not limited to, collector streets, local streets, cul-de-sacs and marginal access streets) than 50 feet; and
(4) Frontage roads shall be considered collector streets, requiring a front setback of 50 feet from the right-of-way of such frontage road unless such frontage road is designated otherwise on the official Comprehensive Plan of the town, or on the recorded plat thereof as required by Ch. 155 of this code of ordinances.
(C) Required corner side yard, minimum setback. In any case where the side lot line abuts a street right-of-way line, there shall be provided a corner side yard in which the setback of any structure shall comply with the minimum front setback requirements of division (B) above, unless subject to the requirement for transitional yards of division (F) below.
(D) Required side yards, minimum side setback. A side yard and setback of not less than 30 feet in depth shall be provided along each side lot line; provided, however, if the side lot line abuts a railroad operating right-of-way the building shall be permitted to abut the railroad operating right-of-way unless subject to the requirement for transitional yards of division (F) below.
(E) Required rear yard, minimum rear setback. A rear yard and setback of not less than 30 feet in depth shall be provided along the rear lot line; provided, however, if the rear lot line abuts a railroad operating right-of-way, the building shall be permitted to abut the railroad operating right-of-way unless subject to the requirement for transitional yards of division (F) below.
(F) Transitional yards; minimum front, side and rear yards and setbacks.
(1) Where a front lot line faces a residential district on the opposite side of the street, a front yard and setback shall be provided not less than 100 feet in depth from the front lot line.
(2) Where a side lot line abuts a side or rear lot line in an adjacent residential district, a side yard and setback not less than 50 feet in depth shall be provided along such side lot line.
(3) Where a rear lot line abuts a side or rear lot line in an adjacent residential district, a rear yard and setback not less than 50 feet in depth shall be provided along such rear lot line; provided, however, additional front, side and/or rear setback distances for transitional yards, as specified in division (I) below, shall be required to permit building heights exceeding 22 feet to a maximum height of 35 feet.
(G) Screening and landscaping.
(1) Where a side or rear lot line adjoins a residential district, a compact hedge, row of shrubbery or evergreen trees shall be provided along or within 20 feet of such lot line, and not less than six feet in height. Such hedge, shrubbery or row of trees shall extend the full length of said lot line; except that, it shall be omitted between the front lot line and a point five feet greater than the required or established building setback line of the adjacent residential or business district. Any ground area between such hedge, shrubbery or row of trees and the lot line shall be planted in grass and/or shrubbery, maintained in good condition and kept free of litter.
(2) Exception: such hedge, row of shrubbery or evergreen trees shall not be required if the entire yard between the lot line and the building is landscaped with grass, trees and shrubbery or hedges. Non-vegetative materials not exceeding 25% of the entire yard area may be used in combination with vegetation and structural or ornamental fixtures.
(H) Use of required yards. All required yards shall be planted with grass or landscaped with other suitable ground cover materials, except:
(1) Required front yards may include:
(a) Pedestrian walks, driveways, entrance guard boxes, flag poles, directional signs and similar appurtenant uses;
(c) Access cuts and drives; provided, they are not located within 20 feet of a lot line abutting a residential district.
(2) Required side and rear yards may include:
(a) Pedestrian walks driveways, entrance guard boxes, flag poles, directional signs and similar appurtenant uses;
(c) Access cuts and drives; provided, they are not located within 20 feet of a lot line abutting a residential district.
(I) Height of buildings and structures.
(1) Maximum vertical height of buildings and structures shall be 35 feet; provided, however, along any required front, side or rear setback line which is adjacent to a residential district, the maximum vertical height shall be:
(a) Twenty-two feet; or
(b) Thirty-five feet if for each foot of height in excess of 22 feet, to an absolute maximum height of 35 feet, one additional foot setback shall be provided beyond such adjacent required front, side or rear setback line.
(2) Height exceptions: the following exceptions to the height regulations shall be permitted:
(a) Parapet walls not exceeding two feet in height;
(b) Roof structures for the housing of elevators, stairways, air conditioning apparatus, roof water tanks, ventilating fans, sky lights or similar equipment to operate and maintain the building;
(c) Chimneys, smokestacks, flag poles, radio and television antennas and other similar structures; and
(d) A monitor roof not exceeding 25% of the total horizontal area of the roof.
(2004 Code, § 6-502)
§ 156.217 GENERAL MANUFACTURING PERFORMANCE STANDARDS.
All uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards. No use in existence on the effective date of this chapter shall be so altered or modified as to conflict with these standards. Performance standards as measured at the boundary lines of the Manufacturing District are maximums. Firms which exceed these standards are in violation of this chapter.
(A) Smoke.
(1) For the purpose of measuring the density of smoke, the Ringelmann Chart, published by the United States Bureau of Mines shall be used.
(2) The emission of smoke shall not exceed 20 smoke units and a smoke density greater than Ringelmann number two is prohibited except, as otherwise provided herein.
(3) For the purpose of fire cleaning and blowing of stacks, a smoke density not to exceed Ringelmann number three shall be permitted. Such emissions in excess of Ringelmann number two shall not exceed 30 minutes in any 24-hour period.
(B) Particulate matter.
(1) Dust and other types of air pollution borne by the wind from such sources as storage areas, yards and roads shall be kept to a minimum by the provision of landscaping, paving, oiling, fencing and other appropriate means.
(2) The emission from all sources within the lot area of particulate matter containing more than 10% by weight of particles with a diameter larger than 44 microns is prohibited.
(C) Noise.
(1) Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter.
(2) Impulsive type noises shall be subject to the performance standards hereinafter prescribed; provided that, such noises may be accurately measured with the equipment.
(3) For the purposes of this chapter, noises capable of being measured shall be those which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels. Noises incapable of being so measured such as those of an irregular and intermittent nature shall be controlled so as not to create a nuisance to adjacent uses.
(4) At the boundary of a residential or business district, the sound pressure level of any operation or plant (other than the operation of motor vehicles or other transportation facilities) shall not exceed the decibel limits in the octave bands designated as the following:
Octave Band (Frequency cycles per second) | Maximum Permitted Sound Level (Decibels) | |
Along Residential District Boundaries | Along Business District Boundaries | |
Octave Band (Frequency cycles per second) | Maximum Permitted Sound Level (Decibels) | |
Along Residential District Boundaries | Along Business District Boundaries | |
0 to 75 | 72 | 75 |
75 to 150 | 67 | 70 |
150 to 300 | 59 | 63 |
300 to 600 | 52 | 57 |
600 to 1,200 | 46 | 52 |
1,200 to 2,400 | 40 | 45 |
2,400 to 4,800 | 34 | 40 |
Above 4,800 | 32 | 38 |
(D) Fire and explosive hazards.
(1) The storage, utilization or manufacture of all products or materials shall conform to the standards prescribed by the National Fire Protection Association (a copy of which is on file in the office of the Zoning Administrator for the town, and which standards are hereby incorporated by reference and made a part hereof).
(2) Such storage, utilization or manufacturing shall not produce a hazard or endanger the public health, safety or welfare.
(E) Vibration.
(1) Vibrations shall be measured at any point along the district boundary line with a measuring instrument approved by the Plan Commission and shall be expressed as displacement in inches.
(2) No industrial operation or activity shall cause ground transmitted vibrations in excess of the following limits:
Frequency (Cycles per Second) | Maximum Permitted Displacement Along Manufacturing District Boundaries |
0 to 10 | 0.0008 |
10 to 20 | 0.0005 |
20 to 30 | 0.0002 |
30 to 40 | 0.002 |
40 and over | 0.0001 |
(F) Odor. The emission of odorous matter in a quantity which is readily detectable along the perimeter lot lines of the point of origination or which produces a public nuisance or hazard beyond said lot lines is prohibited.
(G) Toxic or noxious matter. No use shall discharge toxic or noxious matter of any sort in concentrations which may be detrimental to the public health safety, comfort or welfare or which may cause injury or damage to property or business.
(H) Glare or heat. Any operation producing intense glare or heat shall be performed completely within an enclosed building so it does not create a public nuisance or hazard along lot lines.
(I) Discharge of waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable ordinances, standards and regulations of the town, the state’s Board of Health and the Stream Pollution Control Board of the state; or in such a manner as to endanger the public health, safety or welfare; or cause injury to property. Prior to improvement location permit issuance for any industrial use.
(1) Plans and specifications for proposed sewage disposal facilities therefor (unless a connection is being made to a public sewer), and industrial waste treatment and disposal facilities, shall be submitted to and written approval obtained from the Stream Pollution Control Board of the state.
(2) Written approval of proposed connection to a public sewer shall be obtained from the Zoning Administrator of the town.
(3) Plans and specifications for proposed storm drainage facilities shall be submitted to and written approval obtained from the Zoning Administrator of the town.
(2004 Code, § 6-503)
§ 156.218 VIOLATION OF PERFORMANCE STANDARDS.
(A) When rough tests by a duly constituted enforcement officer indicate to the Plan Commission that a possible violation of performance standards may exist, the Plan Commission shall require the manufacturer to obtain and bear the cost of the appropriate technical assistance to measure the exact extent of the effects at the lot lines of the property in question. This technical assistance shall be approved in writing by the Plan Commission before tests are conducted.
(B) Results of the tests shall be presented to the Plan Commission in writing. Any test results in excess of the appropriate performance standards shall be considered a violation of this chapter with penalties as set out in § 156.999 of this chapter.
(2004 Code, § 6-504)