41 - I-2, HEAVY INDUSTRIAL ZONE
To provide locations for industrial activities which do not meet the standards of the I-1 Zone. The I-2 Zones are located so as to minimize or eliminate any adverse effects of the use permitted in such zones or commercial, residential and public open space areas. Specified industrial uses with particular offensive potential are permitted only as conditional uses. In addition, it is intended to permit as conditional uses, limited commercial activity that will serve primarily those who work in or do business with the industries in this zone and will be of a kind and size that will not inhibit optimum industrial development in this zone. Industrial areas have unique location and plot size requirements and are scarce. Therefore the intrusion of commercial activity is detrimental to the intended use of industrial land is discouraged.
The following principal uses are permitted as of right in the I-2 Zone:
1.
All manufacturing, industrial, warehousing, transportation, and food processing uses conforming to the performance standards set forth for this zone.
2.
Agriculture, including the grazing of livestock on sustained pasture, but not including confined feed lots.
3.
Trade and vocational schools without on site living quarters.
4.
Truck stops including sleeping accommodations for truckers.
5.
Wholesale establishments with or without stock.
6.
Lumberyards, and building supply establishment with associated retail display and sales spaces.
7.
Storage above ground of flammable or noxious chemicals, fuels or gases of less than 5,000,000 cubic feet on a development site of over one acre.
8.
Utility facility.
9.
Rental of large tools or construction equipment, trucks or trailers or other equipment requiring outdoor storage.
10.
Administrative offices appurtenant to a permitted use.
11.
One dwelling unit, which may be a manufactured home, for a caretaker or watchman when located on the same site as a principal permitted or conditional use.
12.
Kennel.
13.
Outdoor advertising signs.
14.
Automotive repair.
15.
Automotive vehicle dismantling as defined herein.
16.
Major automotive repair.
17.
Veterinarian.
The following uses are listed here as expressly prohibited so as to facilitate interpretation of the list of principal permitted uses:
1.
Churches, temples and other places of worship.
2.
Dwellings, manufactured home and recreation vehicle parks, except watchman's quarters as provided herein.
3.
Motels and hotels.
4.
Hospitals, rest homes, and other resident or non-resident human health care facilities except emergency facilities and child care facilities for employees of a principal permitted or conditional use and located on the same premises of such use.
5.
Schools and colleges, except technical schools.
6.
Commercial and residential uses not specifically authorized.
7.
Mortuaries.
8.
Asbestos products manufacture.
9.
Private clubs and clubhouses as defined herein.
The conditional commercial uses listed below may be permitted in the I-2 Zone upon application of the standards for all conditional uses and the following additional standard: The proposed location and size of the proposed commercial use will not substantially interfere with the development of the industrial zones for industrial uses.
1.
Automatic or self-service care or truck washes.
2.
Gasoline service stations.
3.
Retail food stores not to exceed 2,000 square feet of gross floor area.
4.
Bars, taverns, cocktail lounges, restaurants or combinations thereof not to exceed 3,000 square feet gross floor area.
5.
Job printing and duplication.
6.
Radio or television towers and related facilities, subject to a structure height limitation in the AH, Airport Hazard Overly Zone.
7.
Automobile service establishments as defined herein.
8.
Marijuana retailer as provided in Chapter 10A-59;
9.
Marijuana laboratory as provided in Chapter 10A-59;
10.
Marijuana wholesaler as provided in Chapter 10A-59;
11.
Marijuana producer as provided in Chapter 10A-59;
12.
Marijuana processor non-flammable as provided in Chapter 10A-59;
13.
Marijuana processor flammable as provided in Chapter 10A-59; and
14.
Marijuana grow site medical as provided by State regulations and as provided in Chapter 10A-59.
(Ord. No. 2748-2018, § 8, 10-23-2018)
The conditional industrial uses listed below may be permitted in the I-2 upon application of the standards for all conditional uses and the following standards:
The performance standards of the I-2 Zone shall be met. No industrial operation will be conducted within 300 feet of residentially zoned land. The proposed site is so located and of sufficient size that operations on the site will not interfere with adjacent or nearby properties due to offensive odors, noise or visual qualities:
1.
Animal slaughtering, stockyards or holding pens.
2.
Rendering of dead animals or slaughter by-products.
3.
Waste water treatment plants.
4.
Power plants, solid waste energy recovery plant, solid waste transfer stations, solid waste recycling plants.
5.
Manufacture of industrial inorganic and organic chemicals, including alkalis and chlorines, industrial and medical gases, fertilizers, agricultural chemicals and pesticides, poisons.
6.
Manufacture of plastics, synthetic resins, nonvulcanizable elastomers, synthetic rubber, man-made fibers, adhesives, explosives, and pyrotechnics.
7.
Processing of asphaltic paving mixtures, ready-mix Portland cement concrete.
8.
Manufacture of tires and tubes, rubber reclaiming.
9.
Leather tanning.
10.
Manufacture of primary ferrous and nonferrous metals, foundries, secondary smelting, junk-yards and secondary metal salvage and processing, auto salvage yards.
11.
Fabricated steel plate work, metal stamping, forging.
12.
Storage above ground of flammable or noxious chemicals, fuels or gases in excess of 5,000,000 cubic feet on any one development site of less than one acre or 2,000,000 cubic feet in one tank.
13.
Processing or manufacturing activities conducted in the open which are impractical, because of size, to be carried on in an enclosed building.
14.
The incineration of wastes or toxic chemicals, except that solid wastes incidental to an operation may be incinerated under State standards.
15.
Mining and quarrying.
Accessory uses and structures common to all zones as listed in Chapter 10A-53 are allowed in the I-2 Zone, and a day care center serving the children of the employees of the use upon which the center is located.
The building, development site, and yard dimensions applicable to the I-2 Zone are found on the Industrial Space Limits Table, Chapter 10A-43. More than one principal industrial building may be constructed on two development sites of over 75,000 square feet.
The provisions of Chapter 10A-57, Miscellaneous Provisions shall apply in addition to the performance standards specific to I-2 Zone.
Each structure or use permitted as of right or conditionally in the I-2 Zone shall meet the following performance standards:
1.
Conduct of use. No permitted or permissible use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare.
2.
Enclosure. All manufacturing or processing activities shall be completely enclosed in buildings, except as provided by the conditional use section of this Chapter.
3.
Outdoor storage. Junk, salvage, auto wrecking and similar operations shall be fenced, screened or limited in height so as to block substantially any view of such material from any point located on an abutting street or from any point less than eight feet above grade within any abutting residential or commercial zone. However, this Section shall not be deemed to require more than an opaque fence or screen not more than ten feet in height and not longer than the full perimeter of the subject development site, and further provided such screening may be reduced in height so as to avoid shading a solar collector on adjoining property when so requested by the adjoining property owner or a government official. No outdoor storage of materials which could be blown into the air or strewn about by wind shall be permitted.
4.
Loading. Truck loading and unloading operations shall take place entirely within the site and shall not be so located as to interfere with pedestrian routes.
5.
Fire hazard. No operation shall be established which fails to meet the fire code which is adopted into the Ontario City Code and any applicable State or Federal codes.
6.
Noise. Noise shall be muffled as available technology permits so as to not be objectionable due to intermittence, beat frequency or shrillness and shall meet any State standards.
7.
Sewage and liquid waste. All operations shall comply with Title 8, Ontario City Code and any applicable regulations of State or Federal agencies responsible for pollution control. No wastes of a chemical, organic or radioactive nature shall be injected or buried in the ground or stored in the open on the surface except in approved containers.
8.
Odor. The emission odors that are generally agreed to be obnoxious to any considerable number of persons is prohibited. Observations shall be made at the property line of the establishment generating the odors. As a general guide to classification of odor, it is deemed that odors of putrefaction, hydrogen sulfide, fermentation and rendering processes, are objectionable while odors associated with baking, coffee roasting or nut roasting are normally not considered obnoxious. To reduce odors the open air cooling of products with aromatic emissions shall be avoided. Floors, machinery storage containers and other surfaces shall be clean of material which is potentially odor causing.
9.
Vibrations. All machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive as to interfere with heavy industrial operations on nearby premises.
10.
Glare and heat. All glare and heat producing operations, such as welding arcs and open furnaces, shall be shielded so that they are not visible from the property line and surfaces near the glare source shall be of a type which will minimize the reflection of such glare beyond the property line. No heat from equipment or furnaces shall raise the temperature of materials or ambient air at the property line more than three degrees Fahrenheit.
11.
Interpretation. Whenever it cannot be decided by reasonable observation that a performance standard is being met, it shall be the responsibility of the operator of the use to supply evidence or engineering data to support the contention that a standard is being met. The standards are designed, except where referring to other codes, to be judged by ordinary human senses and not by the minute detail of scientific quality instruments.
41 - I-2, HEAVY INDUSTRIAL ZONE
To provide locations for industrial activities which do not meet the standards of the I-1 Zone. The I-2 Zones are located so as to minimize or eliminate any adverse effects of the use permitted in such zones or commercial, residential and public open space areas. Specified industrial uses with particular offensive potential are permitted only as conditional uses. In addition, it is intended to permit as conditional uses, limited commercial activity that will serve primarily those who work in or do business with the industries in this zone and will be of a kind and size that will not inhibit optimum industrial development in this zone. Industrial areas have unique location and plot size requirements and are scarce. Therefore the intrusion of commercial activity is detrimental to the intended use of industrial land is discouraged.
The following principal uses are permitted as of right in the I-2 Zone:
1.
All manufacturing, industrial, warehousing, transportation, and food processing uses conforming to the performance standards set forth for this zone.
2.
Agriculture, including the grazing of livestock on sustained pasture, but not including confined feed lots.
3.
Trade and vocational schools without on site living quarters.
4.
Truck stops including sleeping accommodations for truckers.
5.
Wholesale establishments with or without stock.
6.
Lumberyards, and building supply establishment with associated retail display and sales spaces.
7.
Storage above ground of flammable or noxious chemicals, fuels or gases of less than 5,000,000 cubic feet on a development site of over one acre.
8.
Utility facility.
9.
Rental of large tools or construction equipment, trucks or trailers or other equipment requiring outdoor storage.
10.
Administrative offices appurtenant to a permitted use.
11.
One dwelling unit, which may be a manufactured home, for a caretaker or watchman when located on the same site as a principal permitted or conditional use.
12.
Kennel.
13.
Outdoor advertising signs.
14.
Automotive repair.
15.
Automotive vehicle dismantling as defined herein.
16.
Major automotive repair.
17.
Veterinarian.
The following uses are listed here as expressly prohibited so as to facilitate interpretation of the list of principal permitted uses:
1.
Churches, temples and other places of worship.
2.
Dwellings, manufactured home and recreation vehicle parks, except watchman's quarters as provided herein.
3.
Motels and hotels.
4.
Hospitals, rest homes, and other resident or non-resident human health care facilities except emergency facilities and child care facilities for employees of a principal permitted or conditional use and located on the same premises of such use.
5.
Schools and colleges, except technical schools.
6.
Commercial and residential uses not specifically authorized.
7.
Mortuaries.
8.
Asbestos products manufacture.
9.
Private clubs and clubhouses as defined herein.
The conditional commercial uses listed below may be permitted in the I-2 Zone upon application of the standards for all conditional uses and the following additional standard: The proposed location and size of the proposed commercial use will not substantially interfere with the development of the industrial zones for industrial uses.
1.
Automatic or self-service care or truck washes.
2.
Gasoline service stations.
3.
Retail food stores not to exceed 2,000 square feet of gross floor area.
4.
Bars, taverns, cocktail lounges, restaurants or combinations thereof not to exceed 3,000 square feet gross floor area.
5.
Job printing and duplication.
6.
Radio or television towers and related facilities, subject to a structure height limitation in the AH, Airport Hazard Overly Zone.
7.
Automobile service establishments as defined herein.
8.
Marijuana retailer as provided in Chapter 10A-59;
9.
Marijuana laboratory as provided in Chapter 10A-59;
10.
Marijuana wholesaler as provided in Chapter 10A-59;
11.
Marijuana producer as provided in Chapter 10A-59;
12.
Marijuana processor non-flammable as provided in Chapter 10A-59;
13.
Marijuana processor flammable as provided in Chapter 10A-59; and
14.
Marijuana grow site medical as provided by State regulations and as provided in Chapter 10A-59.
(Ord. No. 2748-2018, § 8, 10-23-2018)
The conditional industrial uses listed below may be permitted in the I-2 upon application of the standards for all conditional uses and the following standards:
The performance standards of the I-2 Zone shall be met. No industrial operation will be conducted within 300 feet of residentially zoned land. The proposed site is so located and of sufficient size that operations on the site will not interfere with adjacent or nearby properties due to offensive odors, noise or visual qualities:
1.
Animal slaughtering, stockyards or holding pens.
2.
Rendering of dead animals or slaughter by-products.
3.
Waste water treatment plants.
4.
Power plants, solid waste energy recovery plant, solid waste transfer stations, solid waste recycling plants.
5.
Manufacture of industrial inorganic and organic chemicals, including alkalis and chlorines, industrial and medical gases, fertilizers, agricultural chemicals and pesticides, poisons.
6.
Manufacture of plastics, synthetic resins, nonvulcanizable elastomers, synthetic rubber, man-made fibers, adhesives, explosives, and pyrotechnics.
7.
Processing of asphaltic paving mixtures, ready-mix Portland cement concrete.
8.
Manufacture of tires and tubes, rubber reclaiming.
9.
Leather tanning.
10.
Manufacture of primary ferrous and nonferrous metals, foundries, secondary smelting, junk-yards and secondary metal salvage and processing, auto salvage yards.
11.
Fabricated steel plate work, metal stamping, forging.
12.
Storage above ground of flammable or noxious chemicals, fuels or gases in excess of 5,000,000 cubic feet on any one development site of less than one acre or 2,000,000 cubic feet in one tank.
13.
Processing or manufacturing activities conducted in the open which are impractical, because of size, to be carried on in an enclosed building.
14.
The incineration of wastes or toxic chemicals, except that solid wastes incidental to an operation may be incinerated under State standards.
15.
Mining and quarrying.
Accessory uses and structures common to all zones as listed in Chapter 10A-53 are allowed in the I-2 Zone, and a day care center serving the children of the employees of the use upon which the center is located.
The building, development site, and yard dimensions applicable to the I-2 Zone are found on the Industrial Space Limits Table, Chapter 10A-43. More than one principal industrial building may be constructed on two development sites of over 75,000 square feet.
The provisions of Chapter 10A-57, Miscellaneous Provisions shall apply in addition to the performance standards specific to I-2 Zone.
Each structure or use permitted as of right or conditionally in the I-2 Zone shall meet the following performance standards:
1.
Conduct of use. No permitted or permissible use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare.
2.
Enclosure. All manufacturing or processing activities shall be completely enclosed in buildings, except as provided by the conditional use section of this Chapter.
3.
Outdoor storage. Junk, salvage, auto wrecking and similar operations shall be fenced, screened or limited in height so as to block substantially any view of such material from any point located on an abutting street or from any point less than eight feet above grade within any abutting residential or commercial zone. However, this Section shall not be deemed to require more than an opaque fence or screen not more than ten feet in height and not longer than the full perimeter of the subject development site, and further provided such screening may be reduced in height so as to avoid shading a solar collector on adjoining property when so requested by the adjoining property owner or a government official. No outdoor storage of materials which could be blown into the air or strewn about by wind shall be permitted.
4.
Loading. Truck loading and unloading operations shall take place entirely within the site and shall not be so located as to interfere with pedestrian routes.
5.
Fire hazard. No operation shall be established which fails to meet the fire code which is adopted into the Ontario City Code and any applicable State or Federal codes.
6.
Noise. Noise shall be muffled as available technology permits so as to not be objectionable due to intermittence, beat frequency or shrillness and shall meet any State standards.
7.
Sewage and liquid waste. All operations shall comply with Title 8, Ontario City Code and any applicable regulations of State or Federal agencies responsible for pollution control. No wastes of a chemical, organic or radioactive nature shall be injected or buried in the ground or stored in the open on the surface except in approved containers.
8.
Odor. The emission odors that are generally agreed to be obnoxious to any considerable number of persons is prohibited. Observations shall be made at the property line of the establishment generating the odors. As a general guide to classification of odor, it is deemed that odors of putrefaction, hydrogen sulfide, fermentation and rendering processes, are objectionable while odors associated with baking, coffee roasting or nut roasting are normally not considered obnoxious. To reduce odors the open air cooling of products with aromatic emissions shall be avoided. Floors, machinery storage containers and other surfaces shall be clean of material which is potentially odor causing.
9.
Vibrations. All machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive as to interfere with heavy industrial operations on nearby premises.
10.
Glare and heat. All glare and heat producing operations, such as welding arcs and open furnaces, shall be shielded so that they are not visible from the property line and surfaces near the glare source shall be of a type which will minimize the reflection of such glare beyond the property line. No heat from equipment or furnaces shall raise the temperature of materials or ambient air at the property line more than three degrees Fahrenheit.
11.
Interpretation. Whenever it cannot be decided by reasonable observation that a performance standard is being met, it shall be the responsibility of the operator of the use to supply evidence or engineering data to support the contention that a standard is being met. The standards are designed, except where referring to other codes, to be judged by ordinary human senses and not by the minute detail of scientific quality instruments.