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A. Occupancy Permits; Applications; Fees: Except as otherwise authorized by article 43 of this chapter, all manufacturing of every kind and character and to any degree or extent shall be expressly prohibited in all residential zones in the city. All manufacturing of every kind and character and to any degree or extent shall be expressly prohibited in zone C-3 unless a preliminary permit shall have been obtained from the building and safety director after a hearing concerning the location and the proposed use to determine that the proposed manufacturing will not be a detriment to the neighborhood or objectionable by reason of odor, dust, smoke, fumes, noise, vibration, or other attributes of the proposed use.
Applications for such preliminary permits shall be made to the building and safety department setting forth in general the use proposed, the type of building proposed, and any and all details the applicant wishes to be considered to indicate that the proposed use will not be a nuisance and that the building proposed will be adequate for the use intended. A hearing on such application shall be held before the director of building and safety, the city manager, the director of public works, the chief of the fire department, and the police chief, or their duly authorized representatives, as a committee. Any interested person may appeal to the city council from action of the committee as provided in title 1, chapter 4, article 1 of this code.
B. Use Of Front Portion Of Building: No manufacturing shall be permitted unless the front portion of the ground floor of the building used or proposed to be used for such manufacturing is constructed, designed, and used for the purposes provided for in section 10-3-1601 of this article.
No manufacturing establishment in which any substantial portion of the product fabricated or manufactured is not sold at retail on the premises shall be permitted in any portion of zone C-3 which adjoins any residential zone. Premises shall be deemed to adjoin even though separated by a street or alley or other easement.
C. Sale Of Products: The fact that the major portion of the manufactured product is to be sold at retail on the premises may be a factor considered by the city in granting a variance for such manufacturing, and the fact that the major portion of the manufactured product is to be sold at wholesale or is to be sold at retail at other locations may be a factor considered by the city in denying such variance but shall not be controlling.
D. Storage Areas; Fences: Any storage area outside a building to be used in connection with such manufacturing shall be enclosed by a solid wall or noninflammable fence, and no material shall be stored in such area to a height greater than that of the wall or fence enclosing the storage area. No such fence adjoining or separated by only a street or alley from a residential area shall exceed six feet (6') in height.
E. Power: The type and amount of power to be used in such manufacturing shall be considered by the city, and exceptionally high voltage or amperage may be a cause for denying the proposed variance.
F. Revocation Of Occupancy Permit: After the granting of a permit by the city and the issuance of an occupancy permit, and after such manufacturing has begun, the superintendent of the building department, if he finds from investigation that odor, dust, smoke, fumes, noise, vibration, or other attributes of such manufacturing may be or become a detriment to the neighborhood or objectionable to the residents in the neighborhood, may require the installation of additional equipment or alteration or addition to the manufacturing establishment to prevent such detriment or objection, and upon failure to make such changes in accordance with his directions within a reasonable time, the occupancy permit may be suspended or revoked, or the permit may be referred back to the council for further action.
G. Granting Of Permit; Violations: An occupancy permit for such manufacturing business shall be granted by the building department to the owner or operator of such business only after a permit for such use has been obtained from the city, and any manufacturing in zone C-3 without such occupancy permit or such special permit, in violation of any condition of such permit shall be deemed to be a misdemeanor for each and every day such manufacturing continues. (1962 Code § 10-406; amd. Ord. 01-O-2383, eff. 11-2-2001)