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192.07 R-5 MOBILE HOME RESIDENCE DISTRICT.
The R-5 District is intended and designed to provide for certain medium-density residential areas of the City now developed with mobile home parks, which by reason of their design and location are compatible with surrounding residential areas and areas where similar development seems likely to occur.
1.   Occupancy Outside Park Restricted. It is unlawful to use or occupy a mobile home as a dwelling place outside a mobile home park, unless such mobile home has been converted to real estate as provided by State law and meets with all the requirements of the building, plumbing, health, sanitary, electrical, and zoning ordinances of the City.
2.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-5 District.
   A.   Any use permitted in the R-2 District.
   B.   Mobile home park, in accordance with the provisions of subsection 5 of this Section 192.08.
3.   Permitted Accessory Uses. Permitted accessory uses in the R-5 District are as follows:
   A.   Accessory uses permitted in and as limited in the R-2 District.
   B.   Service buildings as required by subsection 5 below.
4.   Area and Size Regulations. The following minimum requirements shall be observed in the R-5 District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance.
   A.   For any permitted use excepting a mobile home park, the minimum requirements shall be the same as those set out for the R-2 District.
   B.   For any mobile home park, the requirements shall be as follows:
      (1)   The minimum total area shall be three (3) acres.
      (2)   Each yard abutting on a public street shall be considered a front yard and shall be a minimum of 50 feet.
      (3)   All other yards, whether side or rear, shall be a minimum of 50 feet when adjacent to any other R district and 30 feet when adjacent to a C or M district.
      (4)   The minimum mobile home space excluding yard requirements shall measure at least 50 by 80 feet.
      (5)   Mobile homes shall be located on each space so that there will be at least a 20-foot clearance between each mobile home; a 10-foot open space between the mobile home, including any permanently enclosed appendage and any driveway, walkway or mobile home space boundary; and a 10-foot open space at the rear of the mobile home.
5.   Mobile Home Park Storm Shelters.
   A.   General Requirements. Every mobile home park of ten or more mobile home spaces which is constructed after the effective date of the ordinance codified in this section shall be provided with above or below-grade storm shelters which shall:
      (1)   Have a minimum floor area of seven square feet (7 SF) for each mobile home space in said mobile home community;
      (2)   Be designed by a licensed structural engineer or architect and built in accordance with plans as approved by the City Engineer, Building Official or licensed structural engineer or architect;
      (3)   Be designed and constructed to meet all Federal Emergency Management Agency (FEMA) requirements and guidelines if the shelter is located in a flood plain;
      (4)   Be designed and constructed to meet the minimum lighting, ventilation and exiting requirements of the applicable City and State currently adopted construction and installation codes;
      (5)   Be designed and constructed to meet all applicable requirements of the Americans with Disabilities Act (ADA);
      (6)   Be located no farther than 1,320 linear feet from the furthest mobile home space in the mobile home community;
      (7)   Provide area for the parking of cars of residents who drive to the facility. This is not intended to require a structure built solely as a shelter to provide a paved parking lot.
   B.   Additions to Existing Mobile Home Parks. For any addition of ten or more mobile home spaces to any existing mobile home park, a storm shelter which complies with the general requirements of paragraph A of this subsection shall be provided to serve such additional spaces. For any addition of fewer than ten mobile home spaces to an existing mobile home park which otherwise complies with the requirements of subparagraph (1) or (6) of paragraph 5A, there is no requirement that an additional shelter be provided to serve such additional spaces. Provided, however, when two or more such additions of fewer than ten mobile home spaces results in a cumulative addition of ten or more mobile home spaces to a mobile home park which otherwise complies with the requirements of said subparagraphs, a storm shelter which complies with the general requirements of paragraph 5A of this subsection shall be provided to serve such additional spaces.
   C.   Restroom Facilities. Restroom facilities in required storm shelters are not mandatory. When restrooms are installed, toilets may be either flush-type operating from normal water supply, chemical, or other approved types.
   D.   Access to Shelters. The mobile home park owner, or such owner’s designated agent or representative, shall be responsible for making the storm shelter accessible and usable in times of need. It is unlawful for any required storm shelter to be used for storage purposes if such storage reduces the minimum floor area available for shelter of persons below the requirements of paragraph 5(A)(1) of this section.
   E.   Existing Nonconforming Mobile Home Parks. Any mobile home park of ten or more mobile home spaces which has an existing above or below-grade storm shelter as of the effective date of the ordinance codified in this section which does not conform with the requirements of this section, shall be deemed a nonconforming mobile home park with regard to the requirements for storm shelters and may continue to exist as a nonconforming mobile home park for so long as said existing shelter remains in place and usable; provided, however, that any mobile home spaces added to such park after the effective date of the ordinance codified in this section shall require storm shelters as provided in paragraph 5B of this section.
6.   Petition to Develop.
   A.   Each petition for a change to the R-5 Zoning district classification submitted to the Council shall be accompanied by a mobile home park plan. Said plan shall show each mobile home space, the water, electrical and sewer lines or septic tank location serving each trailer space, the location of garbage cans, water hydrants, service buildings, driveways, walkways, recreation areas, required yards, parking facilities, lighting, and landscaping.
   B.   The plan shall be considered by the Plan and Zoning Commission and the Council, who may approve said plan or require such changes thereto as are deemed necessary to effectuate the intent and purpose of this section.
192.08 C-1 NEIGHBORHOOD RETAIL COMMERCIAL DISTRICT.
The C-1 District is intended to provide for the convenience shopping of persons living in neighborhood residential areas and for general uses and activities of a retail and personal service character. Only those uses are permitted which are necessary to satisfy the local needs which occur so frequently as to require commercial facilities in proximity to residential areas. In addition, low-intensity business and professional offices are permitted.
1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the C-1 District:
   A.   Any uses permitted in the R-3 District, provided that any new residential uses shall be located only in mixed use buildings that also contain, usually on the first floor, other allowable commercial or office uses.
(Ord. 2054 - Apr. 21 Supp.)
   B.   Retail businesses or service establishments, such as the following:
      (1)   Antique shops,
      (2)   Apparel shops,
      (3)   Art shops,
      (4)   Automotive stores for the retail sale of automotive parts, supplies and accessories; provided, that all merchandise sold or services performed shall be within an enclosed building or structure, and specifically excluding body and fender shops, automotive repair shops, and junk shops or junkyards,
      (5)   Baby and children stores,
      (6)   Bakeries or bakery outlets - retail sales only,
      (7)   Banks, savings and loan associations, and similar financial institutions,
      (8)   Bicycle shops, sales and repairs;
      (9)   Bookstores,
      (10)   Camera stores,
      (11)   Clothes cleaning and laundry pickup stations,
      (12)   Collection offices of public utility companies,
      (13)   Confectionery stores, including ice cream or snack bars,
      (14)   Dairy stores - retail only,
      (15)   Dance studios and physical culture establishments,
      (16)   Delicatessens,
      (17)   Drugstores,
      (18)   Dry goods stores,
      (19)   Florist shops and greenhouses,
      (20)   Funeral homes and mortuaries,
      (21)   Furniture stores,
      (22)   Gas stations, including minor automobile repairs as accessory but not principal use,
      (23)   Gift shops,
      (24)   Grocery stores including supermarkets,
      (25)   Hardware stores,
      (26)   Hobby shops,
      (27)   Household appliances sales and repair,
      (28)   Jewelry stores and watch repair shops,
      (29)   Key shops,
      (30)   Launderettes, coin-operated dry-cleaning establishments, and dry-cleaning or pressing establishments using only nonflammable solvents,
      (31)   Locker plants for storage and retail sales only,
      (32)   Leather goods stores,
      (33)   Music stores,
      (34)   Music studios,
      (35)   Paint and wallpaper stores,
      (36)   Photographic studios,
      (37)   Post office substations,
      (38)   Radio and television sales and repair shops,
      (39)   Restaurants,
      (40)   Shoe and hat repair shops,
      (41)   Sporting goods stores,
      (42)   Tailor and dressmaking shops,
      (43)   Theaters,
      (44)   Toy stores,
      (45)   Variety stores,
      (46)   Bowling alleys,
      (47)   Taverns and lounges, provided that such establishments are not located within 300 feet from a church, school or R-1 zoning district; and provided further, that the tavern or lounge is housed in a building or shopping center which is occupied by other retail businesses or service establishments.
      (48)   Preschool and child day care centers, subject to the following provisions:
a.   The childcare center/preschool shall have 35 square feet per child of usable indoor floor space maintained in a clean and sanitary manner; when floor space occupied by cribs is counted as usable floor space, there shall be 40 square feet of floor space per child in those rooms. Kitchens, bathrooms, and halls may not be counted in the square footage per child or used as regular program space.
b.   There shall be 75 square feet of outdoor recreation area per child using the space at any given time. Such space shall be located in the side or rear yard and be totally enclosed by a fence of no less than 42 inches in height.
c.   There shall be adequate off-street area for traffic circulation allowing child drop-off and pick-up activity entirely in the property.
   C.   Combinations of the above uses.
   D.   Business and professional offices supplying commodities or performing services primarily for residents of the neighborhood.
2.   Permitted Accessory Uses. Permitted accessory uses in the C-1 District are as follows:
   A.   Accessory uses permitted in the R-3 District.
   B.   Storage of merchandise incidental to the principal use, but not to exceed forty percent of the floor area used for such use.
3.   Area and Size Regulations. The following minimum requirements shall be observed in the C-1 District subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:
   A.   Lot Area: Same as required in the R-3 District for residential uses. No minimum requirement for any other permitted uses.
   B.   Lot Area Per Dwelling Unit: Same as required in R-3 District.
   C.   Lot Width: Same as required in R-3 District for residential uses. No minimum requirement for any other permitted uses.
   D.   Front Yard: 35 feet.
   E.   Side Yards: Same as required in R-3 District for residential uses. No minimum requirements for any other permitted uses, except when adjoining any R district, in which case, 25 feet. Any side yard adjoining an R district shall be buffered by use of landscaping, walls, or fences to effectively screen the commercial use from the adjoining R district.
   F.   Rear Yard: 40 feet. Any rear yard adjoining an R district shall be buffered by use of landscaping, walls, or fences to effectively screen the commercial use from the adjoining R district.
   G.   Maximum Height: 35 feet.
   H.   Maximum Number of Stories:
Residential uses – 3 stories;
All other permitted uses – 2 stories.
4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
192.09 C-2 GENERAL RETAIL, HIGHWAY ORIENTED, AND CENTRAL BUSINESS COMMERCIAL DISTRICT.
The C-2 District is intended to provide for major retail shopping areas outside the downtown area. These districts include, as well, much of the strip commercial property existing along the major streets and highways of the City. The uses permitted are intended to accommodate both the general retail consumer and the needs and services of the automobile-traveling consumer.
1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the C-2 District:
   A.   Any use permitted in the C-1 District.
   B.   Retail, service or recreational uses, such as the following:
      (1)   Animal hospitals, veterinary clinics or kennels, provided that any exercising runway is at least 200 feet from any R District boundary.
      (2)   Automobile accessory stores.
      (3)   Automobile, trailer, motorcycle, boat and farm implement establishments for display, hire, rental and sales (including sales lots); including, as incidental to these major uses, all repair work in connection with their own or customers’ vehicles, but not including uses in which the major source of revenue is from body and fender work. In addition, this paragraph shall not be construed to include automobile, tractor or machinery wrecking and rebuilding, and used parts yards.
      (4)   Ballrooms and dancehalls.
      (5)   Billiard parlors and pool halls.
      (6)   Bookbinding.
      (7)   Bowling alleys.
      (8)   Business or secretarial schools or colleges, commercial trade schools, or other commercially operated schools for adults.
      (9)   Carpenter and cabinet-making shops for retail custom work.
      (10)   Commercial baseball fields, swimming pools, skating rinks, golf driving ranges, miniature golf courses, trampoline centers and similar recreational uses and facilities.
      (11)   Department stores.
      (12)   Drive-in restaurants.
      (13)   Exterminator sales.
      (14)   Drive-in theaters.
      (15)   Printing and publishing houses.
      (16)   Hotels, with no minimum density requirements.
      (17)   Transportation passenger terminals, including bus stations, railroad passenger stations or other passenger terminals.
      (18)   Laundries.
      (19)   Labor union offices, including assembly halls.
      (20)   Lawn mower repair shops.
      (21)   Lumberyards, retail only.
      (22)   Monument sales yards.
      (23)   Motels, motor hotels, and tourist courts with no minimum density requirements.
      (24)   Office buildings.
      (25)   Packaged-goods stores for the sale of alcoholic beverages.
      (26)   Pet shops, including aquariums.
      (27)   Photographic printing or developing establishments.
      (28)   Plumbing and heating shops.
      (29)   Printing and lithographing shops.
      (30)   Parking garages and parking lots.
      (31)   Health establishments.
      (32)   Public auction rooms.
      (33)   Radio or television studios.
      (34)   Sheet metal shops.
      (35)   Sign painting shops.
      (36)   Taverns and nightclubs, including private clubs.
      (37)   Upholstering shops.
      (38)   Used car sales lots.
      (39)   Garage for general motor vehicle repair.
      (40)   Automobile washing establishments.
      (41)   Buildings or structures designed and used solely for the purpose of leasing interior storage space for the storage of personal property owned by persons, firms or corporations who are not owners of such buildings or structures, and who do not occupy by lease or otherwise more than 1,000 square feet of the leasable space of such structure. The owner is restricted as the above-mentioned lessee. Outdoor storage, the storage of earth moving equipment, the storage of contractor’s equipment, and the storage of livestock or livestock feed is specifically prohibited.
      (42)   Any highway-oriented business not otherwise listed in this section which compounds, processes, packages or treats bakery goods, candy, spices, or other food products, and sells the same to the general public at the same location, subject to the following conditions:
         a.   The owner or owners of any tract of land may petition the Council to authorize such use. The petition shall be accompanied by a preliminary site plan of the proposed development, which shall contain those items set forth in Sections 192.06(4) through (8). The petition and attachment shall be referred to the Plan and Zoning Commission for study and report. The Commission may approve or disapprove the plan or require that the petitioner amend the plan to preserve the intent and purpose of this zoning district. The plan, along with the Commission’s recommendations on such use, shall then be referred to the City Council which may, after notice and public hearing, approve, disapprove, or amend the plan.
         b.   No building permit shall be issued until the plan has been given final approval by the Council.
      (Former #43 Deleted by Ord. 1688 - Jan. 11 Supp.)
      (43)   Pawnbrokers as defined, permitted and regulated in Chapter 141 of the Municipal Code.
(Ord. 1743 - Jan. 13 Supp.)
2.   Permitted Accessory Uses. Permitted accessory uses in the C-2 District are as follows:
   A.   Accessory uses permitted in the C-1 District.
3.   Area and Size Regulations. The following minimum requirements shall be observed in the C-2 District, subject to Section 191.11 Height Limitations and the modifications contained in Section 196.03 of this Zoning Ordinance:
   A.   Lot Area: Same as required in the C-1 District.
   B.   Lot Area Per Dwelling Unit: Same as required in the C-1 District.
   C.   Lot Width: Same as required in the C-1 District.
   D.   Front Yard: Same as required in the C-1 District.
   E.   Side Yard: Same as required in the C-1 District.
   F.   Rear Yard: Same as required in the C-1 District.
   G.   Maximum Height: 45 feet.
   H.   Maximum Number of Stories:
Multiple dwelling uses – 4 stories;
All other permitted uses – 3 stories.
4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
192.10 C-2A CENTRAL BUSINESS COMMERCIAL DISTRICT.
The C-2A District is intended to provide for a concentration and variety of retail stores, professional offices and service activities located within the Central Business District. It is intended that this district be limited to the S.W. 3rd Street business area.
1.   Permitted Principal Uses. Only the following uses of structures or land shall be permitted in the C-2A District: any use permitted in and as limited in the C-2 District.
2.   Permitted Accessory Uses. Permitted accessory uses in the C-2A District are as follows: accessory uses permitted in and as limited in the C-2 District.
3.   Area and Size Regulations. The following minimum requirements shall be observed in the C-2A District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:
   A.   Lot Area: Same as required in the C-2 District.
   B.   Lot Area Per Dwelling Unit: Same as required in the C-2 District.
   C.   Lot Width: Same as required in the C-2 District.
   D.   Front Yard: No minimum requirement.
   E.   Side Yard: No minimum requirement, except when adjoining any R district, in which case – 10 feet.
   F.   Rear Yard: No minimum requirement, except when adjoining any R district, in which case – 10 feet.
   G.   Maximum Height: Same as required in the C-2 District.
   H.   Maximum Number of Stories: Same as required in the C-2 District.
4.   Off-Street Parking and Loading. There are no minimum requirements for off-street parking and loading in the C-2A District.
5.   Minimum Open Space. There is no minimum requirement for open space in the C-2A District.
6.   Alterations or Modifications. Notwithstanding the provisions of paragraphs D, E and F of subsection 3, and subsections 4 and 5 of this section, no building structure, parking lot, side yard, front yard, rear yard, parking or loading area shall be altered or modified if such property, as a result of such modification or alteration, will not comply with the minimum requirements set forth in subsection 3; provided, however, the reconstruction, remodeling or repair of any building or structure shall not be deemed to be an alteration or modification under the provisions of this section, unless such reconstruction, remodeling or repair increases the exterior dimensions of such building or structure.
192.11 C-3 LIMITED HIGHWAY ORIENTED COMMERCIAL DISTRICT.
The C-3 District is designed to provide for the general commercial needs of the highway traveling public. It is intended that this district be located only at major highway and street intersections.
1.   Permitted Principal Uses. Only the following uses of structures or land shall be permitted in the C-3 District:
   A.   Retail, service or recreational uses, such as the following:
      (1)   Automobile accessory stores.
      (2)   Barbershops and beauty parlors.
      (3)   Bowling alleys.
      (4)   Car washes.
      (5)   Drugstores.
      (6)   Gas stations, including minor automotive repairs as accessory but not principal use.
      (7)   Gift shops.
      (8)   Grocery stores.
      (9)   Miniature golf courses and golf driving ranges.
      (10)   Motels and motor hotels.
      (11)   Offices, business and professional.
      (12)   Restaurants, including drive-in restaurants.
      (13)   Self-service laundry and dry-cleaning establishments.
      (14)   Swimming pools.
      (15)   Taverns, bars and nightclubs.
      (16)   Travel and tourist information centers.
      (17)   Travel trailer campgrounds, and those areas established to provide overnight transient facilities on a fee basis, but not to include the permanent or semi-permanent installation of mobile homes.
      (18)   Sexually Oriented Businesses as regulated in Chapter 140 of the Municipal Code.
(Ord. 1688 - Jan. 11 Supp.)
   B.   Combinations of the uses listed in paragraph A of this section.
2.   Permitted Accessory Uses. Permitted accessory uses in the C-3 District are as follows:
   A.   Use of land or structures customarily incidental and subordinate to one of the permitted principal uses.
3.   Area and Size Regulations. The following minimum requirements shall be observed in the C-3 District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:
   A.   Lot Area: No minimum requirement.
   B.   Lot Width: No minimum requirement.
   C.   Front Yard: The front yard shall not be less than 75 feet.
   D.   Rear Yard: Same as required in the C-1 District.
   E.   Side Yard: No minimum required except, when adjoining an R district, the minimum shall be 25 feet.
   F.   Building Height: The maximum building height shall not exceed 45 feet.
4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
192.12 M-1 LIGHT INDUSTRIAL DISTRICT.
The M-1 District is intended and designed to provide areas of the City suitable for activities and uses of a light industrial nature. Such districts do not require the high standards of M-3 Districts but still require protection from the less restrictive uses permitted in the M-2 District. It is not intended that any new residential development be permitted in the M-1 District.
1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the M-1 District:
   A.   Any use permitted in the M-3 District.
   B.   Any use permitted in the C-2 District, except that no new residential or multiple dwelling uses shall be permitted, unless accessory to a permitted principal use.
   C.   Automobile assembly.
   D.   Bag, carpet, and rug cleaning, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust.
   E.   Bakeries.
   F.   Welding or other metal-working shops.
   G.   Contractor’s equipment storage yard or plant, or rental of equipment commonly used by contractors, storage and sale of livestock feed (provided dust is effectively controlled), and storage yards for vehicles of a delivery or draying service.
   H.   Carting, express hauling or storage yards.
   I.   Circus, carnival or similar transient enterprise; provided, such structures or buildings shall be at least 200 feet from any R district.
   J.   Coal yard, coke yard or wood yard.
   K.   Concrete mixing, concrete products manufacture.
   L.   Cooperage works.
   M.   Creamery, bottling works, ice cream manufacturing (wholesale), ice manufacturing and cold storage plant.
   N.   Enameling, lacquering or japanning.
   O.   Foundry casting lightweight nonferrous metals or electric foundry not causing noxious fumes or odors.
   P.   Experimental, film or testing laboratories.
   Q.   Livery stable or riding academy.
   R.   Machine shop.
   S.   Manufacture of musical instruments and novelties.
   T.   Manufacture of pottery or other ceramic products, using only previously pulverized clay.
   U.   Manufacture or assembly of electrical appliances, instruments, and devices.
   V.   Manufacture and repair of electric signs, advertising structures, and sheet metal products, including heating and ventilating equipment.
   W.   Milk distributing station other than a retail business conducted on the premises.
   X.   Sawmill and planing mill, including manufacture of wood products not involving chemical treatment.
   Y.   The manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals and food products, except fish and meat products, cereals, sauerkraut, vinegar, yeast, stock feed, flour; and the rendering or refining of fats and oils.
   Z.   The manufacturing, compounding, assembling or treatment of articles or merchandise from previously prepared materials such as bone, cloth, cork, fiber, leather, paper, plastics, metals or stones, tobacco, wax, yarns and wood.
   AA.   Automobile body or fender repair shop, but not including automobile wrecking or used parts yards.
   BB.   Lumberyards and building materials sales yards.
   CC.   Vulcanizing, retreading and recapping of tires.
   DD.   Truck rental establishments.
   EE.   Warehousing and storage, retail or wholesale.
2.   Permitted Accessory Uses. Permitted accessory uses in the M-1 District are as follows:
   A.   Accessory uses customarily incidental to a permitted principal use.
3.   Prohibited Uses; Outdoor Storage Requirement.
   A.   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 emission of odor, dust, smoke, cinders, gas, fumes, noise, vibrations, refuse matter or water-carried waste.
   B.   Outdoor storage of equipment not intended for over-the-road or rail use, supplies (or materials) intended for refabrication, waste materials, industrial by-products, or items intended for junk yards shall be so located and screened, fenced or landscaped to comply with a type “C” opaque screen as described in paragraph 194.02(3)(C) of this Zoning Ordinance to effectively prevent visibility of such storage from all adjoining property lines and street right-of-way lines.
   C.   In the event that the property owner and Department Director disagree regarding whether or not any site must be screened, the property owner may appeal to the Board of Adjustments in accordance with the provisions of Section 197.01(3) of this Zoning Ordinance.
4.   Area and Size Regulations. The following minimum requirements shall be observed in the M-1 District, subject to the height limitations in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:
   A.   Front Yard: 50 feet.
   B.   Side Yard: None required, except when adjacent to any Residential district or street right-of-way line, in which case – 50 feet.
   C.   Rear Yard: 40 feet. Where a railroad right-of-way line lies immediately adjacent to the rear of a lot, the rear yard requirements need not apply.
   D.   Maximum Height: 75 feet.
   E.   Maximum Number of Stories: 5 stories.
5.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions in Section 194.01 of this Zoning Ordinance.
192.13 M-2 HEAVY INDUSTRIAL DISTRICT.
The M-2 District is intended and designed to provide areas of the City for activities and uses of a heavy industrial character. Since this district is the least restrictive of any district, almost any use is permissible with the exception of a small number of uses which, by reason of certain undesirable characteristics, are permitted subject to approval by the Board of Adjustment in accordance with appropriate safeguards. In addition, no residential uses are permitted.
1.   Principal Permitted Uses. A building or premises may be used for any purpose whatsoever, provided the following regulations are met:
   A.   No occupancy permit shall be issued for any use in conflict with any ordinance of the City or law of the State regulating nuisances.
   B.   No occupancy permit shall be issued for any dwellings, school, hospital, clinic, or other institution for human care, except where incidental to a permitted principal use.
   C.   The uses listed in Paragraph D of this section shall be permitted through a Special Use Permit as provided for in Section 196.02 of the Ankeny Municipal Code, issued after public hearing and approval by the Board of Adjustment. In its determination upon the particular uses at the location requested, the Board of Adjustment shall consider all of the following provisions:
(Ord. 1917 – Aug. 17 Supp.)
      (1)   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.
      (2)   Such use shall not impair an adequate supply of light and air to surrounding property.
      (3)   Such use shall not unduly increase congestion in the streets or public danger of fire, and shall not endanger the public safety.
      (4)   Such use shall not diminish or impair established property values in adjoining or surrounding property.
      (5)   Such use shall be in accord with the intent, purpose and spirit of this Zoning Ordinance and the comprehensive plan of the City.
   D.   The uses subject to the provisions of paragraph C of this section are as follows:
      (1)   Abattoirs and slaughterhouses or stockyards.
      (2)   Acid manufacture or wholesale storage of acids.
      (3)   Automobile, tractor or machinery wrecking and used parts yards, provided any wrecking operation is carried on within a building completely enclosed with walls and roof and the yard completely enclosed with a wall or fence, reasonably maintained and at least six feet high, completely obscuring the activity. There shall be only one opening in the wall or fence facing any public street for each 200 feet of length.
      (4)   Cement, lime, gypsum or plaster of paris manufacture.
      (5)   Distillation of bones.
      (6)   Explosive manufacture or storage.
      (7)   Fat rendering.
      (8)   Fertilizer manufacturing.
      (9)   Garbage, offal or dead animal reduction or dumping.
      (10)   Gas manufacture and cylinder recharging.
      (11)   Glue, size, or gelatin manufacture.
      (12)   Junk, iron or rags, storage or baling, and wastepaper yards, where the premises upon which such activities are conducted are wholly enclosed within a building, wall or fence not less than six feet in height and completely obscuring the activity.
      (13)   Refining or wholesale storage of petroleum or its products, and asphalt plants.
      (14)   Rubber goods manufacture.
      (15)   Sand or gravel pits.
      (16)   Smelting of tin, copper, zinc or iron ores.
      (17)   Transmitting stations.
      (18)   Wholesale storage of gasoline.
   E.   The following uses are allowed in the M-2 District outright and without approval of a Special Use Permit.
      (1)   Fireworks Retail Sales Facility, pursuant to the regulations of the Code of Iowa.
(Ord. 1925 - Nov. 17 Supp.)
2.   Required Conditions. Required conditions in the M-2 District are as follows:
   A.   The best practical disposal of refuse matter or water-carried waste shall be employed, and the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisances shall be required.
   B.   All principal or accessory structures housing a use permitted only in the M-2 District shall be located at least 200 feet from any R or C-1 district and not less than 100 feet from any other district except an M-1 District.
   C.   Outdoor storage of equipment not intended for over-the-road or rail use, supplies (or materials) intended for refabrication, waste materials, industrial by-products, or items intended for junk yards shall be so located and screened, fenced or landscaped to comply with a type “C” opaque screen as described in paragraph 194.02(3)(C) of this Zoning Ordinance to effectively prevent visibility of such storage from all adjoining property lines and street right-of-way lines. In the event that the property owner and Department Director disagree regarding whether or not any site must be screened, the property owner may appeal to the Board of Adjustment in accordance with the provisions of Section 197.01(3) of this Zoning Ordinance.
3.   Area and Size Regulations. The following minimum requirements shall be observed in the M-2 District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:
   A.   Front Yard: 50 feet.
   B.   Side Yard: 9 feet required, except when adjacent to any street right-of-way line, in which case 50 feet.
   C.   Rear Yard: 40 feet, except that where a railroad right-of-way lies immediately adjacent to the rear of a lot, the rear yard requirement need not apply.
   D.   Maximum Height: No limitation.
   E.   Maximum Number of Stories: No limitation.
4.   Off-Street Parking and Loading. Spaces for off-street parking and loading in the M-2 District shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
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