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Westerville City Zoning Code

CHAPTER 1159

Industrial District ID

1159.01 PURPOSE AND INTENT.

   The purpose of the Industrial District (ID) is to provide suitable areas for industrial activities. Uses developed within this district are intended to maintain an environment relative to noise, odor, dust, smoke, light, glare or vibration that is compatible with adjacent land uses and in compliance with applicable State and Federal environmental regulations. Uses within this district are intended to operate without imposing any unusual burdens upon utility or government services.
   In order to maintain an environment that is compatible with adjacent land uses, uses in the Industrial District must operate within enclosed primary structures except for a restricted amount of outdoor storage as defined in Section 1159.04(e)(1) regulations. Any industrially zoned parcel that is more than 660 feet from the nearest residential district, measured from the nearest property lines of the affected properties, shall be presumed to operate within an industrial environment relative to the interpretation of "maintaining an environment compatible with adjacent land uses."
   Industrially zoned parcels within 660 feet of a residential district, measured from the nearest property lines of the affected properties, may be required to provide additional evidence or guarantees that the proposed use will not adversely impact on neighboring residential uses. In addition, Planning Commission may require additional buffering, air treatment, screening, etc. to insure that developments are compatible with residential uses.
(Ord. 95-12. Passed 5-2-95.)

1159.02 PERMITTED USES.

   (a)   Permitted Uses in the Industrial District must operate within enclosed primary structures except for a restricted amount of outdoor storage defined in Section 1159.04(c)(1). Permitted Uses are:
      (1)   Office-Institutional uses listed in Section 1155.02(a)(1) and (2).
      (2)   Manufacturing uses involving processing, fabrication, packaging, assembly and related functions whether using machinery or labor and associated with the industrial operations of producing goods, components, and other related items.
      (3)   Wholesaling and storage uses which conform to the purpose of this chapter including transporting, storing, handling or selling merchandise primarily to retailers, industrial, institutional, or professional uses, or to other wholesalers, or acting as agents in buying merchandise for such persons or organizations.
      (4)   Research and development uses which conform to the purpose of this chapter including research relating to product development in conjunction with testing, laboratory, and minor fabricating and assembly operations.
      (5)   Business service uses which conform to the purpose of this chapter including, but not limited to:
         A.   Duplicating, addressing, blueprinting or photocopying,
         B.   Stenographic, mailing and advertising.
         C.   Business machine service and repair.
         D.   Telephone or telegraph communications operations including service and repair operations.
      (6)   Repair service uses which conform to the purpose of this chapter including but not limited to:
         A.   Electrical appliance repair shops, including television and radio repair.
         B.   Watch, clock and jewelry repair.
         C.   Reupholster and furniture repair.
      (7)   Trade service uses which conform to the purpose of this chapter including, but not limited to, establishments engaged in the general construction, maintenance, or the repair of real or other tangible property.
      (8)   Sexually Oriented Businesses, in accordance with the requirements set forth in Section 1143.02(a)(15), including the development standards set forth in Section 1143.04 (or, if applicable, Section 1143.05). Sexually oriented businesses in the Industrial District are not subject to the development standards set forth in Section 1159.04.  
(Ord. 01-31A. Passed 6-19-01.)

1159.03 CONDITIONAL USES.

   (a)   Conditional Uses may be appropriate as permitted uses within the district but require more detailed evaluation with respect to location, design, size, method and hours of operation, intensity of use and traffic generation and potential impact on surrounding uses, in order to provide an opportunity for these uses while safeguarding both individual property rights and general, community welfare. It is the Planning Commission's responsibility to perform this evaluation and after review, to attach necessary conditions and safeguards. The development standards contained in this Chapter are minimum standards. Planning Commission may require more restrictive standards for a conditional use based on the merits of each application. Review and approval of these uses are further regulated in Chapter 1111, Conditional Uses, and Section 1159.05, Supplementary Standards for Conditional Uses. Parenthetical reference to Section 1159.05 following a listed Conditional Use indicates that specific supplemental standards have been identified for that use in the referenced section.
   (b)   The following uses are conditionally permitted within the Industrial District. These uses generally display one or more of three characteristics which result in its conditional status: inherently cannot operate within an enclosed structure; involve retail sales beyond the limited, ancillary retail associated with permitted uses; require specific site characteristics for compatible development.
      (1)   Office-Institutional uses listed in Section 1155.02(a)(3) (4), and (5). (See Section 1159.05(b)).
      (2)   Building material retail sales including:
         A.   Paint, glass and wallpaper.
         B.   Plumbing and electrical supplies.
         C.   Lumber and other home improvement sales.
      (3)   Photographic development shops not already part of a permitted use.
      (4)   Recreational uses except amusement arcades, operated for commercial profit, including:
         A.   Golf course of any size, and golf-driving ranges.
         B.   Miscellaneous recreation facilities or centers operated outdoors or indoors.
      (5)   Retail sales or rental of recreational vehicles such as campers, trailers and other such vehicles principally for recreational use, being sold or rented separately or in conjunction with a permitted use.
      (6)   Farm implement sales.
      (7)   Movers and moving equipment with temporary, limited storage of moved goods.
      (8)   Nursery operations and sales.
      (9)   Aviation-oriented facilities to include airfields, aviation maintenance and aviation rental.
      (10)   Rental of miscellaneous goods and equipment, including the rental of trucks, trailers and other heavy equipment.
      (11)   Auto repair, including body shops.
      (12)   Public Service Facilities. (Section 1159.05(c))
(Ord. 97-46. Passd 5-20-97; Ord. 2012-25. Passed 7-2-12.)

1159.04 DEVELOPMENT STANDARDS FOR INDUSTRIAL USES.

   (a)   Except as provided in Section 1159.02(a)(8), permitted uses within the Industrial District shall conform to the following standards. Conditional uses shall also conform to these standards and, where applicable, to the Supplementary Standards for Conditional Use in Section 1159.05. In the event of a conflict between the development standards in Section 1159.04 and 1159.05, the more specific Supplemental Conditional Use Standards of Section 1159.05 are to be used.
   (b)   Prior to the issuance of a Zoning Certificate for development in the Industrial District, a site plan review as defined in Chapter 1108 is required.
   (c)   Lot Requirements. Prior to determining setbacks, refer to Section 1173.06(a). If a bufferyard is required and the minimum setback is less than the appropriate bufferyard width, then the setback shall be equal to the bufferyard width. If a bufferyard is required and the minimum setback is greater than the appropriate bufferyard width, then the setback shall be equal to the required setback.
      (1)   Minimum lot area: None, except that lot size shall be adequate to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements.
      (2)   Minimum lot width: None, except that all lots must abut a public street and have adequate width to meet all building and pavement setbacks, parking, circulations, open space and landscaping requirements.
      (3)   Minimum front yard setback: Structure setback 30', 40' on an arterial street. No parking shall be permitted in the front yard.
      (4)   Minimum side and rear yard: Fifteen feet for both structures, except fences, and pavement areas or storage lots; fifty feet for structures pavement areas and storage areas if adjacent to residential districts.
      (5)   Maximum lot coverage: For structures, outdoor storage, open service and pavement areas, eighty-five percent (85 %). The remainder of the site shall be landscaped with natural vegetation.
      (6)   Parking areas shall be no closer to main structures than 10'.
   (d)   Building Requirements in the Industrial District are: Maximum height: Forty feet.
   (e)   Site Development Requirements in the Industrial District are:
      (1)   All open service areas, outdoor storage areas or loading docks shall be screened by walls or fences, seven feet minimum height, twelve feet maximum height, that effectively conceal such operations from adjacent streets or adjacent residential districts. Open service and outdoor storage areas may not exceed ten percent (10%) of the lot area.
      (2)   A traffic concept plan shall be provided illustrating traffic flow patterns, traffic control points, points of access, loading areas, parking areas and parking spaces. In addition, expected peak hour traffic use by employees, the general public and deliveries shall be described by text.
      (3)   All applicable State and Federal air and water quality standards shall be considered as additional Industrial District use requirements.
      (4)   Parking, Loading, Access and Circulations Requirements for uses permitted in this district are set forth in Chapter 1171.
      (5)   Landscaping and Screening Requirements for uses permitted in this district are set forth in Chapter 1173.
      (6)   Signage Requirements for uses permitted in this district are set forth in Chapter 1181.
      (7)   Lighting Requirements for uses permitted in this district are set forth as follows:
         A.   All exterior lighting shall be designed to direct light downwardly, i.e. cut off type fixtures.
         B.   All lights shall be arranged to reflect light away from any street or adjacent property.
         C.   Direct or indirect glare into the eyes of motorists or pedestrians shall be avoided.
         D.   All types of parking, pedestrian and other exterior lighting shall be on poles or wall mounted cutoff fixtures and shall be from the same type and style.
         E.   Cutoff type landscape and building uplighting shall be permitted.
         F.   All building illuminations shall be from concealed sources.
         G.   Parking lot lighting shall be no higher than 28'.
         H.   No colored or flashing lights shall be used to light the exterior of buildings.
      (8)   A descriptive text shall be provided indicating the nature of the activity to be carried on, expected levels of noise, odor, dust, smoke, light, glare or vibration to result from normal operation of such activity; and the expected number of employees per shift at the outset and at full expansion (if planned). Trash collection systems shall be both shown by plan and described by text. Exact descriptions of uses for outdoor areas is also required. Other information as required by the Planning Commission shall be submitted either in text or on plans.
(Ord. 01-31A. Passed 6-19-01.)

1159.05 SUPPLEMENTARY STANDARDS FOR CONDITIONAL USES.

   All conditional uses shall meet the minimum requirements established by Section 1159.04 unless modified by this section:
   (a)   Purpose and Intent. The purpose of this section is to establish supplementary standards for certain land uses that may affect adjacent properties, the neighborhood, or the community even if all of the general standards of Sections 1159.04 are met. It is the intent of this section to establish appropriate standards for permit processing and for location, design and operation of conditional uses to assure that they will be developed in a manner consistent with the purpose of the Industrial District.
   (b)   Child Care Centers.
      (1)   Minimum lot area: Sufficient to accommodate an appropriately designed facility including buildings, required yards, landscaping, drop-off area, and circulation space.
      (2)   Required outdoor play area: There shall be provided a fenced outdoor play area containing at a minimum, the number of square feet required for State of Ohio licensing requirements.
      (3)   Required access and loading/unloading:
         A.   An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four automobiles for facilities with 20 or fewer children plus one additional vehicle for each additional ten children served. The drop-off area may either be in the form of spaces parallel to an access drive adjacent to the building or additional parking spaces beyond code requirements.
         B.   Access from an arterial or collector street is required or access shall be provided in a manner that does not cause heavy traffic on residential streets.
      (4)   Required fencing: All outdoor play areas shall be enclosed by a 6' high wall, solid fence or chain link fence planted with a continuous evergreen screen.
      (5)   Hours of operation: Use of outdoor play areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.
   (c)   Wireless Telecommunication Facilities.
      (1)   Minimum lot area: The minimum required by the zoning district, but not less than one (1) acre.
      (2)   Setbacks: Equal to the height of the tallest structure, but in no case less than zoning district requirements. The setback requirement based on height is not applicable when the proposed facility is constructed on or in an existing structure and does not extend more than 20 feet above the existing structure.
      (3)   Height: The maximum height of a tower shall be 150 feet including the antenna. The Planning Commission may allow the maximum height to increase to 200 feet to accommodate co-location. Equipment shelters shall meet district standards.
      (4)   Screening: Perimeter landscaping would be required around fencing at the base of the tower and around any building or equipment. The landscaping should have a year round opacity of 75%. A six foot minimum height would be required at installation for landscaping around the base of a tower. the Planning Commission may elect, in certain instances, to accomplish screening by materials other than landscaping.
      (5)   Parking and access: A paved access drive and one paved parking space for a service vehicle.
      (6)   Lighting. On site: Cutoff style fixtures for control of light spread. On tower: None, unless required by the Federal Aviation Administration (FAA).
      (7)   Color: The tower shall be painted a non-contrasting gray or similar color to minimize its visibility unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
      (8)   Emissions: Emissions standards for electromagnetic fields must be in compliance with current and future Federal Communication Commission (FCC) standards.
      (9)   Co-location: All approved installations must allow other providers to co-locate on the same pole to the extent technologically feasible at a reasonable and competitive market rate. All requests for new installation must demonstrate that there is no available space on existing towers or other suitable support structure within the established service area. New installations on an existing permitted tower are exempt from the conditional use process and may proceed with a standard building permit approval.
      (10)   Construction: All new towers shall be constructed to be capable of accommodating at least one additional wireless communication installation for another service provider.
      (11)   Removal: The applicant or any subsequent owner of the facility will remove it within 90 days of obsolescence or abandonment. Obsolescence is defined as being replaced by new technology. Abandonment would occur when the provider is no longer operating a viable telecommunication network using this facility.
      (12)   Design: Preference will be given to monopole construction. Only monopole construction would be allowed in residential districts.
      (13)   Signage: No signage or advertising is to be displayed on the tower structure.
(Ord. 97-46. Passed 5-20-97.)