The primary purpose of the M-3 heavy industrial district is to establish an area where the principal use of land is for heavy industrial operations which create some nuisances that are not properly associated with nor particularly compatible with residential, institutional and neighborhood commercial service establishments. The specific intent of this district is to:

(1)

Encourage the construction of and continued use of the land for heavy industrial purposes which have the potential to generate negative environmental impacts on the surrounding community. Some of these impacts include the potential for air pollution, water quality degradation, loud noise and odor.

(2)

Prohibit residential and neighborhood commercial use of the land to prohibit any other use which would substantially interfere with the development, continuation or expansion of heavy industrial uses in the district.

(Code 1988, § 17-480)

In the M-3 heavy industrial district, buildings to be erected or land to be used shall be for one or more of the following uses:

(1)

Battery manufacture.

(2)

Punch presses exceeding 40-ton rated capacity and drop hammers.

(3)

Sand and gravel operations.

(4)

Crushed stone operations.

(5)

Wood-preserving operations.

(6)

Abattoirs.

(7)

Acid manufacture.

(8)

Cement, lime and gypsum manufacture.

(9)

Fertilizer manufacture.

(10)

Petroleum refining including byproducts.

(11)

Asphalt mixing plants.

(12)

Paper and pulp manufacture.

(13)

Screened junk storage.

(14)

Cogeneration plants.

(15)

Materials recovery facilities, resource recovery/reclamation operations.

(16)

All M-2 permitted uses.

(Code 1988, § 17-481; Ord. No. O-09-12, 11-12-2009; Ord. No. O-13-14, § 1, 8-13-2013; Ord. No. O-17-04, § 1, 4-25-2017; Ord. No. O-19-16, § 1, 9-10-2019; Ord. No. O-20-26, § 2, 12-16-2020; Ord. No. O-25-12, § 6, 8-12-2025)

The following uses and structures are permitted by special exception in the M-3 heavy industrial district:

(1)

Sanitary landfills in accordance with the requirements of section 90-1033.

(2)

Tier 2 battery energy storage system, in accordance with section 90-1042.

(3)

Small solar energy facility, subject to the provisions of section 90-16.

(4)

Large-scale solar energy facility, subject to the provisions of section 90-16.

(Ord. No. O-12-37, § 1, 11-27-2012; Ord. No. O-22-13, § 4, 5-10-2022; Ord. No. O-25-12, § 7, 8-12-2025)

Editor's note— Ord. No. O-22-13, § 4, adopted May 10, 2022, amended § 90-543 and in doing so changed the title of said section from "Uses permitted by special exception/conditional use" to "Uses permitted by special exception," as set out herein.

(1)

Animal boarding place, private.

(Ord. No. O-12-37, § 1, 11-27-2012)

(a)

Before a building permit shall be issued or construction commenced on any permitted uses in an M-3 heavy industrial district or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, shall be submitted to the planning office for study. The staff of the planning office shall, with their recommendation, refer these plans to the planning commission for its recommendation. Modifications of the plans may be required as necessary.

(b)

A detailed site plan prepared in accordance with section 90-824 shall be submitted to the planning office for review prior to the issuance of a building permit.

(c)

Permitted uses shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence or an evergreen hedge a minimum of six feet in height.

(d)

Landscaping may be required, at the discretion of the planning department or the planning commission, within any established or required front setback area. The plans and execution shall take into consideration traffic hazards. Landscaping may be permitted up to a height of three feet and to within 50 feet from the corner of an intersecting street.

(e)

Sufficient area shall be provided to adequately screen permitted uses from adjacent business and residential districts and for offstreet parking of vehicles incidental to the industry, its employees and clients.

(f)

The planning commission shall act on any application received within 60 days after receiving the application. If a formal notice in writing is given to the applicant, the time for action may be extended for an additional 60-day period.

(Code 1988, § 17-483)

For permitted uses in the M-3 heavy industrial district utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health officer. The planning department may require a greater area if considered necessary by the health officer.

(Code 1988, § 17-484)

Buildings in the M-3 heavy industrial district shall be located 75 feet or more from any street right-of-way which is 50 feet or greater in width or 100 feet or more from the centerline of any street right-of-way less than 50 feet in width. Signs advertising the sale or rental of premises may be erected up to the property line. This shall be known as the setback line.

(Code 1988, § 17-485)

(a)

For permitted uses in the M-3 heavy industrial district, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be 200 feet. The minimum rear yard shall be 35 feet.

(b)

Offstreet parking shall be in accordance with the provisions of this chapter, but not less than one space per employee shall be provided.

(Code 1988, § 17-486)

Buildings in the M-3 heavy industrial district may be erected up to a height of 60 feet. For buildings over 60 feet in height, approval shall be obtained from the board of zoning appeals. Chimneys, flues, cooling towers and flagpoles are excluded from this limitation. Parapet walls are permitted to four feet above the limited height of the building on which the walls rest.

(Code 1988, § 17-487)

(a)

The plan of operation for a use in the M-3 heavy industrial district shall state all noise levels in decibels, wastewater volumes, and quantities of daily emissions to the air to be generated by the proposed industrial use. The plan shall also detail how these environmental impacts will be minimized and outline what specific procedures will be utilized or equipment installed to offset the potential negative effects of the industrial operation on the surrounding community.

(b)

The plan of operation shall meet all state and local health, sanitation, and environmental codes. Where applicable, a permit shall be issued from the appropriate state regulatory agency prior to local approval of the plan of operation and issuance of a building permit.

(Code 1988, § 17-488)

(a)

In the M-3 heavy industrial district, accessory uses and structures are permitted as defined. No accessory structure may be closer than five feet to any property line.

(b)

The following are considered accessory uses within the M-3 heavy industrial district, but are subject to the noted provisions:

(1)

Roof- or ground-mounted small solar energy facility or large-scale solar energy facility as defined by section 90-1, provided that the solar facility only generates energy for that structure.

(Ord. No. O-17-04, § 1, 4-25-2017)