The M-1A District is intended and designed to provide areas of the City suitable for activities and uses of a medium industrial nature. It is not intended that any new residential development be permitted in the M-1A District.
1. Permitted Principal Uses and Structures. Following are the principal uses and structures permitted in the M-1A Limited Industrial District:
A. Uses permitted in M-1 District.
B. Adult entertainment business.
C. Bag, carpet and rug cleaning.
E. Welding or other metal work shops.
F. Wholesaling and warehousing but not including the bulk storage of liquid fertilizer or petroleum products under pressure.
G. Milk distribution station.
H. Farm implement display, sales, service and repair.
I. Truck and freight terminal.
J. Automobile and truck display, sales, repair and storage.
L. Tool, die, gauge and machine shops.
M. Railroads and public utilities including storage and maintenance yards.
N. Animal hospital or kennel.
2. Permitted Accessory Uses and Structures. Following are the accessory uses and structures permitted in the M-1A Limited Industrial District:
A. Uses and structures clearly incidental and necessary to their permitted principal uses or structures of this district.
B. Temporary buildings used in conjunction with construction work, provided that such buildings are removed promptly upon completion of the construction work.
C. Dwelling units for watchmen or caretakers employed on the premises provided that an open yard of at least 2,400 square feet is reserved and maintained for use by the occupants.
3. Special Exception Uses and Structures.
A. Bulk Storage of Petroleum Products. Subject to subsection 2 of Section
168.13 and the other requirements contained herein, the Board may permit as special exception bulk storage of petroleum products under pressure provided that such uses shall not be located within 500 feet of any existing dwelling, park, school, or place of public assembly; and that it is located so that prevailing winds will not cause fumes, odors or gases to be carried toward developed properties in the vicinity and that one parking space for each employee and one space for each vehicle or trailer used by the industry be provided.
B. Required Conditions. No use shall be permitted to be established or maintained which by reason of its nature or manner of operation is or may become hazardous, noxious, or offensive owing to the mission of odor, dust, smoke, cinders, gas, fumes, noise, vibrations, refuse matter or water-carried waste.
C. Adult Entertainment Businesses. It is the purpose of this Zoning Code to regulate adult entertainment businesses to limit their inherent adverse impact in the community while at the same time permitting lawful businesses to conduct operations in the community. The City Council finds as evidenced in other cities that the number of adult entertainment businesses is increasing and that, because of their very nature, are recognized as having serious, objectionable operational characteristics, which are magnified when located in close proximity to dwellings, churches, schools, and parks. Special regulation of adult entertainment businesses is necessary to ensure that these adverse affects will not contribute to the blighting or downgrading of the surrounding neighborhood. The City Council further finds that these regulations are necessary to protect the youth of this community from the objectionable operational characteristics of such businesses by restricting their location. The City Council further fords that these regulations are necessary to protect the health, safety and general welfare of all residents of the community.
(1) Limitations on Adult Entertainment Businesses. Adult entertainment businesses shall be subject to the following restrictions and no person shall cause or permit the establishment of any adult entertainment business contrary to said restrictions:
a. No adult entertainment business shall be open for business between the hours of 12:00 midnight and 6:00 a.m.
b. An adult entertainment business shall not be allowed within 500 feet of another existing adult entertainment business.
c. An adult entertainment business shall not be located within 500 feet of any residentially zoned district.
d. An adult entertainment business shall not be located within 1,000 feet of a pre-existing school, public park, or church.
e. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the main entrance of such adult entertainment business to the point on the property line of such other business, school, church, public park or areas zoned for residential use which is closest to the said main entrance of such adult entertainment business.
(2) Prohibited Activities of Adult Entertainment Businesses:
a. No adult entertainment business shall employ any person under eighteen (18) years of age.
b. No adult entertainment business shall furnish any merchandise or services to any person who is under 18 years of age.
c. No adult entertainment business shall be conducted in any manner that permits the observation of any model or any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property not licensed as an adult use. No operator of an adult entertainment business or any officer, associate, member, representative, agent, owner, or employee of such business shall engage in any activity or conduct or permit any other person to engage in any activity of conduct in or about the premises which is prohibited by this Zoning Code or any laws of the State.
d. No part of the interior of the adult entertainment business shall be visible from any pedestrian sidewalk, walkway, street, or other public or semi-public area.
e. An adult entertainment business shall post a sign at the entrance of the premises which shall state the nature of the business and shall state that no one under the age of 18 years be allowed on the premises. This section shall not be construed to prohibit the owner from establishing an older age limitation for coming on the premises.
f. Except as hereinafter provided no person shall intentionally expose those parts of his or her body hereinafter listed to another in any public place, or in any place where such exposure is seen by another person or persons located in any public place: (i) a woman’s nipple, the areola thereof, or any portion of the female breast at or below the nipple thereof, except as necessary in the breast feeding of a baby; or (ii) the pubic hair, pubes, perineum, or anus of a male or female, the penis or scrotum of a male, or the vagina of a female, excepting such body parts of prepubescent infants of either sex.
(3) Establishment of adult entertainment business shall include the opening of such business as a new business, the relocation of such business, or the conversion of an existing business location to any of the uses described in Section
165.05.
(4) Special Use Permit. The adult entertainment businesses may be permitted subject to approval by the City Council after public hearing. In its determination upon the particular use at the location requested, the Council shall consider all of the following provisions:
a. The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property.
b. Such use shall not impair an adequate supply of light and air to surrounding property.
c. Such use shall not unduly increase congestion in the streets or public danger of fire and safety.
d. Such use shall not diminish or impair established property values in adjoining or surrounding property.
e. Such use shall be in accord with the intent, purpose and spirit of this Zoning Code and the Comprehensive Plan of the City.
f. Applications for an adult entertainment business under the terms of this section shall be accomplished by evidence concerning the feasibility of the proposed request and its effect on surrounding property and shall include a site plan defining the areas to be developed for buildings and structure, the areas to be developed for parking, the locations and driveways and the points of ingress and egress, the location and height of walls, the location and type of landscaping, the location, size and number of signs and the manner of providing water supply and sewage treatment facilities.
4. Minimum Lot Area and Width. Following is the minimum required for lot area and width for the M-1A Limited Industrial District:
5. Minimum Required Front, Side and Rear Yards. The minimum requirements for front, side and rear yards in the M-1A Limited Industrial District are as follows:
D. Street side, corner lot – 40 feet.
6. Maximum Height. The maximum height for structures in the M-1A Limited Industrial District is 60 feet.
7. Permitted Signs. Permitted signs in the M-1A Limited Industrial District are as follows:
A. Temporary sign advertising the sale or lease of the premises, not exceeding 12 square feet in area.
B. Trade, business or industry identification signs for firms located on the site provided that:
(1) Free-standing signs shall not exceed 150 square feet in area or 25 feet in height. Such sign shall not be located closer than 10 feet to the right-of-way line.
(2) A directory sign or monument sign may be substituted in place of a free-standing sign, subject to the requirements set forth above. A monument sign shall not be more than 10 feet in height and shall not be located closer than 10 feet to any property line.
(3) Signs mounted flush on the wall of a building shall not exceed 10 percent of the area of the wall of the building on which they are located or 200 square feet, whichever is smaller.
(4) Overhanging signs, attached to a building shall not project above the height of the building or more than four feet from the wall of the building and shall not have more than 100 square feet of area.
(5) Not more than one sign of each category above may be provided for any single use, although each sign may be a double faced or back to back sign.
C. All signs and billboards shall be maintained in a neat and presentable condition and in the event they become illegible or their use shall cease, they shall be promptly removed and the area occupied restored to a condition free from refuse and debris.
D. Any sign not conforming to these regulations shall be made to conform or moved to a conforming location or be removed.
8. Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section
166.21(14).
9. Site Plan Requirements. See Section
166.21(16).
10. Minimum Open Space. The total land area devoted to open space and landscaping shall not be less than 10 percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped area and shall not include access drives, parking areas, structures or buildings; except ornamental structures included as part of the landscaping theme.
11. Special Requirements. The following are special requirements for the M-1A Limited Industrial District:
A. Exterior storage other than the display of finished products for retail sale shall be enclosed by a six-foot-high fence or suitable landscape planting, the design or type of which shall be approved by the Commission, and which will screen the stored materials from the view of adjacent public streets, place of public assembly, parks, recreation areas, and residential properties. No raw material, finished product or waste product which may cause dust or odor which would adversely affect adjoining properties shall be stored outside a building nor shall any other junk, debris or waste product be permitted to accumulate on the site.
B. All required yards shall be open landscaped area and not utilized for parking, storage or other structure other than a trade, business or industry identification sign for the firm located on the site.