(A) General. The IL Limited Industrial Zone is created to include industries whose manufacturing operations are carried on within enclosed buildings.
(B) Permitted uses. No building, structure, or land shall be used and no building or structure shall be hereafter erected, structurally altered, enlarged, or maintained except for the following uses:
(1) Uses permitted in all Business Zones;
(2) Offices provided for employees or guests, attached or detached which are incidental to the industrial operation. Service facilities for such offices shall be totally within a building and shall not display any exterior advertising;
(3) Farm buildings, structures, and uses;
(4) Public utilities, private utilities;
(5) Communication systems and appurtenances;
(6) Mass transportation terminals, including truck terminals limited to ten docks or bays;
(7) Recreation areas established for the convenience and use of employees of a specific industry;
(8) Temporary buildings and structures incidental to the development of land or to the erection of the same, provided such buildings and structures shall be removed at the termination of development or construction;
(9) Radio and television towers, including studios and business offices;
(10) Assembly operations for pre-manufactured parts;
(11) Manufacture of nonalcoholic beverages and/or bottling of alcoholic and nonalcoholic beverages;
(12) Office machinery - electrical and mechanical;
(13) Manufacture of portable household appliances; electric hand tools; electric motors; electric and neon signs;
(14) Cloth products manufacturing from finished cloth;
(15) Milk processing; bottling and manufacturing;
(16) Jewelry manufacturing; engraving;
(17) Food processing and packaging of products previously processed elsewhere;
(18) Leather products manufacturing from finished leather;
(19) Manufacturing of pharmaceuticals, medicines, and cosmetics;
(20) Manufacturing of optical goods, recording instruments;
(21) Warehouse and distribution operations, completely enclosed;
(22) Upholstering shops, manufacturing of mattresses;
(23) Canning, bottling, processing, and packing of food;
(24) Manufacturing of cans and containers excluding glass containers;
(25) Cabinet manufacturing;
(26) Manufacture and assembly of communication equipment;
(27) Electroplating operations;
(28) Manufacturing of margarine products;
(29) Manufacturing of office equipment;
(30) Manufacturing of malt products; and
(31) Machine, welding, tool and die shops.
(C) Front yard. See Performance Standards. (Division (H) below.)
(D) Side yard. See Performance Standards. (Division (H) below.)
(E) Rear yard. There shall be provided a rear yard of not less than 30 feet in depth, unless abutting a railroad right of way, in which case the building shall be permitted within five feet of said right-of-way.
(F) Residential setbacks. No building or structure shall be closer to a dwelling than 75 feet.
(G) Minimum floor area. There shall be no minimum floor area requirements.
(H) Performance standards.
(1) General. No permit shall be issued for the erection, relocation, or expansion of any industrial use or building unless the same complies with the performance standards set forth herein.
(2) Storage. All materials or products shall be kept within completely enclosed buildings or screened by a solid wall, fence, evergreens, hedge, or trees of minimum height of six feet and a maximum height of eight feet. Storage of material within the enclosure shall not exceed the height of the wall, fence, or vegetative screen. The total area devoted to outside storage shall not exceed 25% of the total gross area of enclosed structures.
(3) Setbacks. No part of any structure (excluding an eave or cornice overhang not to exceed four feet, or a canopy at an entrance) shall be built not closer than 120 feet to an Interstate Highway; 40 feet to a major state or county highway; 35 feet to a secondary highway; and 35 feet to any other street or highway. Where a front yard is located across a street and opposite to a dwelling or to a Residence Zone, a front yard of 40 feet shall be provided. Where a side yard abuts a dwelling or Business Zone, a side yard of 30 feet shall be provided.
(4) Screening. Where a front or rear yard abuts a dwelling or Business Zone, a masonry wall, fence, or compact hedge or row of shrubbery or evergreen trees shall be provided along or within ten feet of the zone lot line. Such screening shall be not less than six feet in height and shall not exceed eight feet.
(5) Height. Along any front, side, or rear yard adjacent to a Residence or Business Zone, the maximum vertical height shall be 25 feet. For each foot of height in excess of 25 feet, to an absolute maximum of 35 feet, one additional foot setback shall be provided.
(6) Emission. The emission of smoke, particulate matter and noxious and toxic gases shall be subject to the regulations of the State of Indiana Board of Health and/or any and all air pollution control laws, ordinances, or statutes passed before and after the enactment of this chapter. The storage, utilization, or manufacture of products or materials shall conform with the standards prescribed by the National Fire Protection Association. Such storage, utilization, or manufacturing shall not produce a hazard or endanger the public health, safety, and welfare of the people of the city.
(7) Discharge. No use shall accumulate or discharge any waste matter, whether liquid or solid, in violation of applicable standards set forth by the Indiana Department of Environmental Management, the Stream Pollution Control Board of the state or any pertinent local governmental agency. Sewage disposal plans and industrial waste treatment shall be approved by the Stream Pollution Control Board and City Sewer Department.
(8) Sound. No use shall produce sound in such manner as to endanger the public health, safety, and welfare of the people of the city. Sound shall be muffled so as not to become detrimental or a nuisance due to pressure, amount, intermittence, beat, frequency, shrillness, or vibration.
(9) Glare and heat. Any use established after the enactment of this chapter shall be operated so as to comply with performance standards governing glare and heat as set forth by the state.
(10) Fire and explosives. Storage, utilization, or manufacture of products and materials shall conform to the standards prescribed by the National Fire Protection Association.
(11) Radiation. Any use shall conform to the Atomic Energy Commission standards for protection against radiation. Also, the electromagnetic standards of the Federal Communications Commission shall be complied with.
(I) Sexually oriented business.
(1) Purpose. It is recognized that there are some sexually oriented business uses which by their very nature have serious objectionable operational characteristics, particularly when they are located in close proximity to residential neighborhoods, parks, religious facilities, and schools, and thereby have a deleterious impact upon property values and the quality of life in such surrounding areas. It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulation the operation of such businesses under their jurisdiction to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of adjacent neighborhoods nor endanger the well-being of the youth in the communities. The special regulations deemed necessary to control the undesirable externalities arising from these enterprises are set forth in this section. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods, to deter the spread of urban blight, and to protect minors from the objectionable operational characteristics of these sexually oriented businesses by restricting their close proximity to religious facilities parks, schools, and residential areas.
(2) Prohibitions.
(a) The establishment, enlargement, construction, reconstruction, or structural alteration of any sexually oriented business shall be prohibited if such business is within 300 feet of another such business, or within 1,500 feet of any existing religious facility, church, school, park, single-family district R-1, R-2 Zoning District within the city.
(b) No sexually oriented business shall be established, operated, located, constructed, reconstructed or commenced in any zoning district in the city except or unless the site shall be located in Limited Industrial Zone within the city.
(c) Adult cabarets, video viewing booths or arcade booths, as defined herein, are prohibited in all sexually oriented businesses in all zoning districts within the jurisdiction of the city.
(3) Measurement.
(a) The distance between one sexually oriented business and anther shall be measured in a straight line, without regard to intervening structure or objects, from the closest exterior structural wall of each business.
(b) The distance between a sexually oriented business and any religious facility, school, park, or residential zoning district (R-1, R-2) shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the sexually oriented business to the nearest property line of the religious facility, school, park, or residential zoning district.
(4) Exterior display.
(a) No sexually oriented business shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to specific sexual activities or specified anatomical areas by display, decoration, sign, show window, or other opening from public view.
(5) Definitions. For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
ADULT CABARET. Any business, building, or portion thereof that features dancing or other live entertainment that is distinguished or characterized by the exhibition of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS for observation by customers or patrons.
SEXUALLY ORIENTED BUSINESS. Any business establishment where all or part of the business is devoted to the offer for sale or view of material, sexually oriented toys or novelties, or performances that show SPECIFIED ANATOMICAL AREAS or SPECIFIED SEXUAL ACTIVITIES.
SEXUALLY ORIENTED TOYS OR NOVELTIES. Any instrument, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs, or devices used to perform sadomasochistic acts.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely cover human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touchings of human genitals, pubic regions, buttocks or female breasts; flagellation or torture in the context of a sexual relationship; masochism, erotic or sexually oriented torture, beating or the infliction of pain; erotic touching, fondling or other such contact with an animal or latent object by a human being; or human excretion, urination, menstruation, vaginal, or anal irrigation as part of or in connection with any of the activities set forth herein.
VIDEO VIEWING BOOTH or ARCADE BOOTH. Any business or building, or portion thereof that contains any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or viewing publication by any photographic, magnetic, digital or other medium including but not limited to film, video, or magnetic tape, laser disc, CD rom, magazines, or periodicals for observation by patrons therein of performances or images that show SPECIFIED ANATOMICAL AREAS or SPECIFIED SEXUAL ACTIVITIES. A video viewing booth or arcade booth shall not mean a movie theater or a room or enclosure that contains more than 600 square feet.
(Ord. 1991-07, passed 1-7-1991; Ord. 2006-02, passed 8-8-2006) Penalty, see § 10.99