10-10E-1: USES PERMITTED:

No building or land shall be used and no building erected or structurally altered within an Industrial E District unless otherwise permitted herein, except for the following uses:

   A.   Subject to 10-10E-2, any use permitted in the D-3 Districts under 10-10C-2, except residential uses.

   B.   Subject to 10-10E-2, airports; feed manufacturing; pressure treating of wood products; wireless communication facilities; and, other similar uses, not herein named, that are not more objectionable or hazardous. (1960 Compilation § 26-110; amd. Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 93-8; Ord. 99-2; Ord. 2017-10, 4-13-2017; Ord. 2023-04, 5-2-2023)

10-10E-2: CONDITIONAL USES:

   A.   Uses and accessory uses which include the bulk storage and handling of explosives, caustics, oxidizers, unstable flammable liquids, or toxic or hazardous materials or substances, shall be deemed Conditional Uses, subject to the provisions of section 10-4-1 , Conditional Uses. For the purposes of this provision, "bulk" shall mean quantities of such hazardous materials that would cause the activity to be classified as a "High Hazard Group H Occupancy", pursuant to the International Building Code (see IBC Section 307.1). This does not preclude the use of control areas pursuant to International Building Code Section 414 and International Fire Code Sections 5001 and 5003.

   B.   Uses listed under 10-10E-1 that are anticipated to have regular and ongoing air quality, odor, or groundwater quality impacts, shall be deemed Conditional Uses, subject to the provisions of section 10-14-1 , Conditional Uses. For purposes of this provision, regular and ongoing, shall mean a component of the use that occurs as part of the normal operational activities on the property. Air quality impact shall mean any situation that triggers a WY DEQ air quality operating permit, or that involves the airborne discharge of heat, fumes, spray, gas or smoke in such quantities so as to be irrigating or injurious to the health or safety of persons or properties located outside of the site boundaries. Odor impact shall include any substance that is anticipated to travel beyond the site boundary and cause a smell easily distinguished by occupants of other properties, other than those resulting from the operation of a motor vehicle. Groundwater quality shall mean any potential contamination to groundwater, other than registered and permitted stormwater facilities permitted by WY DEQ and/or installed pursuant to the City of Cody Stormwater Management Policy. (1960 Compilation § 26-110; amd. Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 93-8; Ord. 99-2; Ord. 2023-04, 5-2-2023)

10-10E-3: ARCHITECTURE AND LANDSCAPING:

All structures within the district shall be architecturally compatible. Architectural and landscaping plans shall be submitted to the Planning and Zoning Commission for approval. Architectural and landscaping details shall be maintained as shown by the approved plans. Provided, this section shall not apply to any property situated within the boundaries of the Yellowstone Regional Airport (YRA) that will be utilized by the airport, or their lessee, primarily for airport operations and/or aviation purposes (e.g. terminal, hangers, flight instruction services), unless located within an Entry Corridor Overlay zone. This exemption to the architectural and landscaping plan review does not supersede the site plan review required pursuant to section 9-2-3, or other reviews required pursuant to this code (e.g., parking plans). (1960 Compilation § 26-110; amd. Ord. 80-20; Ord. 82-29, Ord. 87-3; Ord. 93-8; Ord. 99-2; Ord. 2023-04, 5-2-2023)

ARTICLE F. HEAVY INDUSTRIAL DISTRICTS

SECTION:

10-10F-1: Purpose

10-10F-2: Permitted And Conditional Uses

10-10F-3: Minimum District Size

10-10F-4: Minimum Lot Size

10-10F-5: Height Limitation

10-10F-6: Yards

10-10F-7: Buffer Zone

10-10F-8: District Regulations

10-10F-9: Site Plan Review

10-10F-1: PURPOSE:

The purpose of the Heavy Industrial Zoning District is to maintain and preserve an area for intensive industrial uses that are best operated in isolation from other less intensive land uses, due to potential environmental hazards and/or production of odors, dust, noise, vibration, heavy truck traffic or other impacts detectable beyond the property. Industrial uses include, but are not limited to, those that produce goods from extracted and raw materials or from recyclable or previously prepared materials, including the design, storage, and handling of these products and the materials from which they are produced. (Ord. 2013-18, 1-21-2014; amd. Ord. 2023-05, 5-2-2023)

10-10F-2: PERMITTED AND CONDITIONAL USES:

   A.   Permitted Uses: The permitted uses in the Heavy Industrial Zoning District are:

      1.   Subject to subsection B, all uses permitted in the D-3 Zoning District; except residential uses, lodging facilities, healthcare facilities, and public schools.

      2.   Caretaker/watchmen living quarters when accessory to and within an industrial or commercial building.

      3.   Subject to subsection B, intensive industrial uses, including, but not limited to ammunition manufacturing, asphalt plants, bulk storage tanks and stockpiles, concrete plants, explosive manufacturing and storage, feed and fertilizer manufacturing, manufacturing of gypsum products, hazardous material storage and handling, hazardous waste recycling and treatment (not disposal), industrial and commercial composting, pharmaceutical manufacturing plants, railroad and freight terminals, recycling processing plants, refineries, rock quarrying and processing, sewage treatment plants and lagoons, slaughterhouses, solid waste transfer stations, wrecking yards, and uses determined by the Planning and Zoning Board to be similar in character and intensity.

      4.   Motorized vehicle racing tracks.

      5.   Subject to subsection B, oil field services and other mining related industries.

      6.   Sexually oriented businesses, subject to all regulations set forth in title 3, chapter 6 of this Code.

   B.   Conditional Uses: Uses listed under subsection A that are anticipated to have regular and ongoing air quality, odor, or groundwater quality impacts, shall be deemed Conditional Uses, subject to the provisions of section 10-14-1, Conditional Uses. For purposes of this provision, regular and ongoing, shall mean a component of the use that occurs as part of the normal operational activities on the property. Air quality impact shall mean any situation that triggers a WY DEQ air quality operating permit, or that involves the airborne discharge of heat, fumes, spray, gas or smoke in such quantities so as to be irrigating or injurious to the health or safety of persons or properties located outside of the site boundaries. Odor impact shall include any substance that is anticipated to travel beyond the site boundary and cause a smell easily distinguished by occupants of other properties, other than those resulting from the operation of a motor vehicle. Groundwater quality shall mean any potential contamination to groundwater, other than registered and permitted stormwater facilities permitted by WY DEQ and/or installed pursuant to the City of Cody Stormwater Management Policy. (Ord. 2013-18, 1-21-2014; amd. Ord. 2017-10, 4-13-2017; Ord. 2023-05, 5-2-2023)