Sturgis City Zoning Code
GENERAL INDUSTRIAL
GI-1
§ 156.270 DESCRIPTION.
(A) This industrial district is established to provide areas which the principal use of land is for manufacturing and assembly plants, processing, storage, large warehousing, wholesaling and distribution in which operations are conducted and adult-oriented businesses so that noise, odor, dust and glare area and other adverse secondary impacts can be controlled or limited.
(B) No temporary structures may be permitted without approval of the governing body.
(C) In addition, a portion of this zone shall consist of an adult overlay district to provide areas where an adult-oriented businesses may locate. An adult-oriented business, as described in § 156.004, may be allowed to occur within the adult overlay district only as a conditional use.
(Prior Code, § 18.05.13) (Ord. 2012-03, passed 4-4-2012; Ord. 2013-13, passed 10-16-2013)
§ 156.271 PERMITTED USES.
(A) Large scale contractor’s equipment storage yards;
(B) Building material wholesale, storage and distribution centers;
(C) Public utility service yards of electrical receiving or transforming stations;
(D) Freighting or trucking yards or terminals;
(E) Large/small manufacturing facilities;
(F) Building material display and sales;
(G) New and used car sales;
(H) Truck, trailer, U-Haul type rental and sales;
(I) Farm implement and machinery sales;
(J) Motorcycle sales and repair shops;
(K) Animal hospitals, pet shops, kennels and the like;
(L) Service and repair garages;
(M) Manufactured home sales;
(N) Wholesale warehouses for the distribution and sale of goods; and
(O) Large retail outlets or mercantile businesses which require large parking areas in conjunction with larger storage buildings.
(Prior Code, § 18.05.13) (Ord. 2012-03, passed 4-4-2012; Ord. 2013-13, passed 10-16-2013)
§ 156.272 CONDITIONAL USE ON REVIEW.
(A) Generally. The Planning Commission may authorize special uses and a conditional use permit for the location and operation thereof:
(1) Utility lots, subjected to the following requirements:
(a) Platted access not less than 16 feet in width which may be either dedicated public right-of-way or utility access easement;
(b) Each lot shall have a width abutting the street of not less than 50 feet;
(c) There shall be a lot area of not less than 5,000 square feet; and
(d) Any buildings shall not cover more than 75% of the total lot area.
(2) Utilities, public works, wells, water storage, sewer systems, telecommunications stations, electrical substations, high-pressured gas stations and any other utility services approved by the City Council.
(B) Residential conditional use.
(1) For the purpose of this division (B), a RESIDENTIAL CONDITIONAL USE means a temporary residential use that is secondary in nature to a primary permitted use of the structure in the General Industrial District. To be permitted, the applicant must show that, because of its characteristics and location with reference to surroundings, street or highway width, traffic generation or other demands on public services, the use requires special consideration relative to placement at specific locations in the zone to ensure that proper integration with other existing or permitted uses in the same zone or zones can be done safely. If such use is approved, then considering the characteristics of the individual site and the proposed location within the zone where proposed, it shall be approved with conditions to ensure proper integration with other existing or permitted uses in the same zone or zones, and that the proposed use is a significant and integral part of the proposed use of the property for a period of 12 months.
(2) Residential use when the secondary in nature to a conforming permitted use in the General Industrial District.
(3) Such secondary use shall not exceed 1,000 square feet in size, including any designated entry or exit areas. The any area permitted for residential use shall be contained within an existing building or provided for in the plans submitted for new construction in the General Industrial Zone.
(C) Adult-oriented business.
(1) The Planning Commission may recommend, and the City Council may authorize, an annual conditional use for adult-oriented business fronting upon and having vehicle access from Mayer Avenue, Sturgis Street, Hansen Drive or Industry Road, and selling merchandise, as defined in this chapter, subject to the requirements in division (C)(2) below.
(2) A sexually-oriented business shall not be permitted to operate within 300 feet of:
(a) A single-family residence, church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(b) A public or private educational facility, including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; for the purpose of this division (C)(2)(b), SCHOOL includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(c) A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other similar public land within the city which is under the control, operation or management of city park and recreation authorities; and
(d) Auditoriums, convention centers, fairgrounds, museums, art or music centers and theaters.
1. For the purposes of this division (C)(2), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult-oriented business is conducted, to the nearest property line of the premises of those facilities or boundaries outlined in this division (C)(2). (Compare preceding to § 156.273.)
2. An adult-oriented business shall not be permitted to operate within 300 feet of another adult-oriented business.
3. For the purposes of this section, the distance between any two adult-oriented businesses shall be measured in a straight line without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
4. Signage: All adult-oriented businesses operating within the adult overlay district, and all other existing adult-oriented businesses uses in operation on September 10, 2012, shall comply with all sign requirements established by Chapter 152, and all sign requirements included within this chapter, in addition to the following sign requirements.
a. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from persons walking or driving by the premises.
b. Window areas shall be covered and opaque.
c. Any billboards or on-premises signs located within the adult overlay district shall be subject to the requirements of divisions (C)(2)(d)1. and (C)(2)(d)2. above.
(D) Severability of provisions and applications. If a part of this section is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this section is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid application.
(Prior Code, § 18.05.13) (Ord. 2012-03, passed 4-4-2012; Ord. 2013-13, passed 10-16-2013)
§ 156.273 AREA REGULATIONS.
The following requirements shall apply to all uses permitted in this district except as provided in § 156.388.
(A) Front yard. A minimum setback of 25 feet from property lines shall be required.
(B) Side yard. A minimum setback of ten feet from property lines shall be required except in the event the building being placed on the property and/or the occupying use qualifies as a high hazard (Group H) as that term is defined and recognized by the Building Code adopted by the city in § 150.025, or subsequent code adopted by the city. In the event the building and/or occupying use qualifies as high hazard (Group H), a minimum setback of 25 feet from the property lines shall be required. Where an industrial building is to be serviced from the side yard or rear yard and when no rear alley is provided, at least one of the side yard setbacks shall be a minimum of 30 feet for side service and 25 feet for rear service.
(C) Rear yard. Where an industrial building is to be serviced from the rear, and an alleyway is provided, the service court, rear yard setback or combination thereof shall not be less than 30 feet in depth exclusive of any public right-of-way. The depth of a rear yard which abuts a residential district or where the building is not serviced from the rear shall be not less than 15 feet exclusive of the public right-of-way.
(D) Lot width. Each lot shall have a width abutting the street of not less than 100 feet.
(E) Lot area. There shall be a lot area of not less than 10,000 square feet.
(F) Maximum lot coverage. Permanent main and accessory buildings shall cover not more than 75% of the total lot area.
(Prior Code, § 18.05.13) (Ord. 2012-03, passed 4-4-2012; Ord. 2013-13, passed 10-16-2013)
§ 156.274 HEIGHT REGULATIONS.
No building shall be constructed more than four and one-half stories or 60 feet in height.
(Prior Code, § 18.05.13) (Ord. 2012-03, passed 4-4-2012; Ord. 2013-13, passed 10-16-2013)
§ 156.275 OFF-STREET PARKING.
(A) As regulated in §§ 156.385 through 156.397; and
(B) All areas utilized for vehicle travel or parking shall be of hard surface material.
(Prior Code, § 18.05.13) (Ord. 2012-03, passed 4-4-2012; Ord. 2013-13, passed 10-16-2013)
§ 156.276 FLOODPLAIN REQUIREMENTS.
Any building constructed within this district on lots located within floodplain areas as shown on the city’s FIRM shall also be subject to the provisions and requirements contained in the city’s Floodplain Ordinance included in §§ 156.495 through 156.502.
(Prior Code, § 18.05.13) (Ord. 2012-03, passed 4-4-2012; Ord. 2013-13, passed 10-16-2013)