Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in industrial districts only for the uses set forth for each district, respectively, in the schedules and regulations of this Zoning Code.
(A) The main buildings and uses set forth in § 1280.03 shall be permitted by right as the principal building or use of a zoning lot.
(B) Conditional uses are certain types of main or accessory uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features and shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council, approval in the form of a conditional use permit being granted only if:
(1) The proposed use is located not closer than necessary to schools, churches and other places of assembly;
(2) The location, extent and intensity of the proposed use are such that its operation is not objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations or glare greater than is permitted by the performance standards of the district; and
(3) The proposed use forms a harmonious part of the industrial district, taking into account, among other considerations, traffic and the relationship of one use to another.
(C) The accessory buildings and uses set forth in § 1280.03 are permitted as a subordinate building or use if they are planned and developed integrally therewith, clearly incident thereto and located on the same zoning lot as the main building or use.
(D) A building designed and constructed as a residence cannot be occupied in whole or in part by an industrial use unless the entire building is redesigned and reconstructed to express and serve the proposed use in regard to the exterior design, the building plan and the site plan and unless it is made to conform to all requirements of the Building Code pertaining to structures permitted in industrial districts.
(E) Existing residences, not permitted as of right within any industrial district under this section, shall be construed as nonconforming uses, but may be continued, extended, altered, enlarged and maintained as a residence subject to all lot area, building area, lot coverage and yard regulations of the A-1 District.
(F) Notwithstanding anything contained in this chapter, no person shall cause or permit the establishment of an adult entertainment business within one mile of a public or private school, preschool or day-care center, or within 1,000 feet of any residential zoning district, residential dwelling, church or park. For purposes of this division, distances shall be measured in a straight line without regard to intervening structures or objects, from the nearest portion of the building within which the adult entertainment business is located to the nearest residential district boundary lines, or to the nearest property lines of the premises of a public or private school, preschool or day-care center or residential zone, residential dwelling, church or park.
(Ord. 88-137, passed 9-6-1988; Ord. 29-93, passed 6-7-1993)