The M-1 manufacturing district is limited in area and herein controlled by various restrictions and regulations to assure industrial development compatible with a restricted residential community and is intended to encourage development with suitable space, landscaping, and parking area.

(Ord. 23, § 3.120.10, passed 3-19-1997)

   Uses permitted by right, permitted by special exception, and uses excluded from this district are as listed in the table in Appendix A of this chapter.

(Ord. 23, § 3.120.20, passed 3-19-1997)

   (A)   Area and bulk requirements are required as set forth in the table in Appendix B of this chapter.

   (B)   Unless authorized as a variance, no building or structure shall be erected closer than 100 feet to any agricultural, commercial, or residential district, nor shall any parking area be closer than 40 feet to any agricultural, residential, or commercial district, which 40-foot area between the parking lot and that district must be maintained as a greenbelt and/or green strip, entirely covered in grass, shrubs, and/or trees, as required.

   (C)   Public water and sewers are required for all development in this district.

(Ord. 23, § 3.120.30, passed 3-19-1997) Penalty, see § 156.999

   Off-street parking shall be provided as set forth in §§ 156.055 through 156.065 of this code.

(Ord. 23, § 3.120.40, passed 3-19-1997)

   No private garages or other accessory buildings are allowed.

(Ord. 23, § 3.120.50, passed 3-19-1997) Penalty, see § 156.999

   All buildings and structures in this use district shall be so constructed or located upon the lot as to have unobstructed frontage upon a public street or a private street of record.

(Ord. 23, § 3.120.60, passed 3-19-1997)

   (A)   Noise. 

      (1)   (a)   Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the IOSHA. The flat network and the slow meter response shall be used. Sounds of short duration which cannot be measured accurately with the sound level meter shall be measured with the impact noise analyzer, as manufactured by the General Radio Company or its equivalent, in order to determine the peak value of the impact.

         (b)   For sounds so measured, the peak values shall not exceed by six decibels the values given in the table in division (A)(2) below.

      (2)   At no point on the boundary of a residential, commercial, or M-1 district shall the sound pressure level of any operation or plant (other than background noises not directly under the control of the manufacturer) exceed the decibel limits in the octave bands designated in the following table.

 

   (B)   Vibration.  

      (1)   No industrial operation or activity, except those not under the direct control of the manufacturer, shall cause at any time ground-transmitted vibrations in excess of the limits set forth below.

      (2)   Vibrations shall be measured at any point along an agricultural, residential, or commercial zoning district boundary line with a three-component measuring instrument approved by national recognized standards, and shall be expressed as displacement in inches.

 

 

   (A)   Smoke and particulate matter.

      (1)   Any use already established on the effective date of this chapter shall be permitted to be altered, enlarged, expanded, or modified, provided that new sources of smoke and/or particulate matter conform to the performance standards established hereinafter for the zoning districts in which the use is located. The total emission particulate matter from all sources within the boundaries of the lot shall not exceed the net amount permitted in the zoning district in which the use is located after any alteration, enlargement, expansion, or modification.

      (2)   For the purpose of grading the density of smoke, the Ringlemann Chart, published by the U.S. Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 on the Ringlemann Chart is prohibited at all times, except as otherwise provided hereinafter.

      (3)   The emission, from all sources within any lot area, of particulate matter containing more than 5% by weight of particles having a particle diameter larger than 44 microns is prohibited.

      (4)   Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads, and so forth, within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means. Emissions of particulate matter from these sources in excess of the weight limitations specified hereinafter for the zoning district in which the use shall be located is prohibited.

      (5)   (a)   The emission of more than 12 smoke units per stack in any 30-minute period is prohibited, including smoke in excess of Ringlemann No. 2. However, once during any three-hour period, each stack shall be permitted up to 20 smoke units (not to exceed Ringlemann No. 3) in 30 minutes for blowing and fire.

         (b)   The rate of particulate matter emission from all sources within the boundaries of any lot shall not exceed a net figure of one point per acre of lot area during any one-hour period, after deducting from the gross hourly emission per acre the correction put forth in the following table.

 

         (c)   Interpolate for intermediate values not shown in the above table.

      (6)   Determination of the total net rate of emission of particulate matter within the lot boundaries of any lot shall be made as follows.

         (a)   Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the gross hourly rate of emission in pounds per acre.

         (b)   From each gross hourly rate of emission derived in the above item, deduct the correction factor (interpolating as required) for height of emission set forth in the table, thereby obtaining the net rate of emission in pounds per acre per hour from each source of emission.

         (c)   Add together the individual net rates of emission derived in the above item, to obtain the total net rate of emission from all sources of emission within the boundaries of the lot. This total shall not exceed one pound per acre of lot area during any one hour.

   (B)   Toxic matter. No activity or operation shall cause, at any time, the discharge of toxic or noxious matter across lot lines in concentrations so as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.

   (C)   Noxious or odorous matter. No activity or operations shall cause at any time the discharge of matter across lot lines in a concentration so as to be noxious. The emission of odorous matter in quantities so as to be readily detectable as an odor at any point along a lot line is prohibited.

(Ord. 23, §§ 3.120.90 - 3.120.110, passed 3-19-1997) Penalty, see § 156.999

   (A)   Activities involving the manufacture of materials or products which decompose by detonation are not permitted.

   (B)   The manufacture, utilization, or storage of pyrophoric and explosive dusts shall be in accordance with safety codes of the National Fire Protection Association. These dusts include, but are not limited to, aluminum, bronze, or manganese powder, powdered coal, powdered plastics, flour and feed, spices, starches, sugar, cocoa, sulfur, grain (storage), and sawdust.

   (C)   The storage, utilization, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

   (D)   The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided the following condition is met:

      (1)   These materials shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls, and protected throughout by an automatic fire extinguishing system; or

      (2)   These materials may be stored outdoors in conformance with the town’s burning regulations in Chapter 91 of this code and the rules and regulations of the State Department of Fire Prevention.

(Ord. 23, § 3.120.120, passed 3-19-1997) Penalty, see § 156.999

   Any operation producing intense glare or heat shall be performed within a completely enclosed building in a manner so as not to create a public nuisance or hazard along lot lines. Exposed sources of light from operations producing intense glare or heat shall be shielded so as not to create a nuisance across lot lines.

(Ord. 23, § 3.120.130, passed 3-19-1997) Penalty, see § 156.999

   (A)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      ADULT ENTERTAINMENT ESTABLISHMENT. Any use, activity, business, or secondary or ancillary use that engages in or permits adult entertainment as defined in this chapter. Any of this type of enterprise or use shall be deemed to be an ADULT ENTERTAINMENT ESTABLISHMENT regardless of the frequency of the adult entertainment offered.

   (B)   No adult entertainment establishment shall be located or permitted to remain within 1,000 feet of a church, park, school (public or private), any residential zoning district, or any other adult entertainment establishment.

   (C)   No adult entertainment establishment shall serve or allow its patrons, visitors, or guests to consume alcoholic beverages of any kind.

(Ord. 23, § 3.120.140, passed 3-19-1997) Penalty, see § 156.999