(a) Permitted Uses. The following uses are permitted:
(1) Retail and service uses as follows:
A. Animal pounds and shelters.
B. Automobile laundries.
C. Automobile service stations, where the retail sale of gasoline and oil for motor vehicles, including minor services customarily incidental thereto, may be conducted out-of-doors. Lubrication and washing facilities, including auto laundries, are permitted only if in a completely enclosed building.
D. Banks and financial institutions.
E. Battery and tire service stations.
F. Beverages, non-alcoholic, bottling and distributing.
G. Contractor or construction shops such as building, cement, electrical, refrigeration, air conditioning, masonry, painting, plumbing, roofing, heating and ventilating.
H. Currency exchanges.
I. Drug stores.
J. Fuel sales, with storage of fuel oils, gasoline and other flammable products limited to 120,000 gallons per tank, with the total storage on a zoning lot not to exceed 500,000 gallons.
K. Garages and parking lots, other than accessory, and subject to the provisions of Chapter 1262.
L. Greenhouses.
M. Ice sales, linen, towel, diaper and other similar supply services.
N. Restaurants, validly permited sidewalk cafes pursuant to Section 1026.17, validly permitted parklets pursuant to Chapter 1034, tearooms or cafes, when the establishment is not of the drive-in type where food is served to occupants remaining in motor vehicles, and where alcoholic liquors are not sold or served, except as provided in Section 1254.01(a)(1)O. for uses existing as of June 1, 2020.
O. Restaurants, including the sale of liquor in conjunction therewith, taverns, and package liquor stores having a continually valid license for the retail sale of liquor since June 1, 2020, notwithstanding a change of ownership. “Continually valid”, for purposes of this section, shall be interpreted as any license which has not lapsed for more than 60 consecutive days.
P. Riding academies and stables, horse.
Q. Trade schools.
(2) Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products (except those uses involving the storage, utilization or manufacture of materials or products which decompose by detonation), which conform with the performance standards set forth below and which shall not be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious materials, odors, fire or explosive hazards, or glare or heat, which uses include, but are not limited to, the following:
A. Agricultural building and structures.
B. Advertising displays.
C. Apparel and other products manufactured from textiles.
D. Art needle work and hand weaving.
E. Automobile painting, upholstering, repairing, reconditioning, and body and fender repairing, when done within the confines of a structure.
F. Bakeries.
G. Beverages, non-alcoholic.
H. Blacksmith shops.
I. Books, hand binding and tooling.
J. Bottling works.
K. Brushes and brooms.
L. Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies or public utilities, or materials or equipment of a similar nature.
M. Cameras and other photographic equipment and supplies.
N. Canning and preserving.
O. Canvas and canvas products.
P. Carpet and rug cleaning.
Q. Carting, express hauling or storage yards.
R. Cementer block manufacture.
S. Ceramic products, such as pottery and small glazed tile.
T. Cleaning and dyeing establishments.
U. Clothing.
V. Cosmetics and toiletries.
W. Creameries and dairies.
X. Dentures.
Y. Drugs.
Z. Electrical appliances, such as lighting fixtures, irons, fans, toasters and electric toys.
AA. Electrical equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery.
BB. Electrical supplies, manufacturing and assembly of, such as wire and cable assembly, switches, lamps, insulation and dry cell batteries.
CC. Food products, processing and combining of (except meat and fish), baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing and pressing.
DD. Fur goods, not including tanning and dyeing.
EE. Glass products, from previously manufactured glass.
FF. Hair, felt and leather products (except washing, curing and dyeing).
GG. Hat bodies of fur and wool felt.
HH. Hosiery.
II. House trailers.
JJ. Ice, dry and natural.
KK. Ink mixing and packaging of inked ribbons.
LL. Insecticides.
MM. Jewelry.
NN. Laboratories, medical, dental, research, experimental and testing, provided there is no danger from fire or explosion, or offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences.
OO. Laundries.
PP. Leather products, including shoes and machine belting.
QQ. Luggage.
RR. Machine shops for tool, die and pattern making.
SS. Meat products.
TT. Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment.
UU. Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons, and kitchen utensils.
VV. Musical instruments.
WW. Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers.
XX. Paper products, small, such as envelopes and stationery, bags, boxes, tubes and wallpaper printing.
YY. Perfumes and cosmetics.
ZZ. Pharmaceutical products, compounding only.
AAA. Plastic products, but not including the processing of the raw materials.
BBB. Poultry and rabbits, slaughtering.
CCC. Precision instruments, such as optical, medical and drafting.
DDD. Products from finished materials, such as plastic, bone, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, precious and semi-precious stones, rubber, shell or yarn.
EEE. Printing and newspaper publishing, including engraving and photo-engraving.
FFF. Public utility electric substations and distribution centers, gas regulation centers, and underground gas holder stations.
GGG. Repair of household or office machinery or equipment.
HHH. Rubber products, small, and synthetic treated fabrics (excluding all rubber and synthetic processing), such as washers, gloves, footwear, bathing caps and atomizers.
III. Silverware, plate and sterling.
JJJ. Soap and detergents, packaging only.
KKK. Soldering and welding.
LLL. Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods.
MMM. Statuary, mannequins, figurines, and religious and church art goods, excluding foundry operations.
NNN. Storage of household goods.
OOO. Storage and sale of trailers, farm implements and other similar equipment on an open lot.
PPP. Storage of flammable liquids, fats or oil in tanks each of 50,000 gallons or less capacity, but only after the location and protective measures have been approved by local governing officials.
QQQ. Textiles, spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn, thread and cordage, but not including textile bleaching.
RRR. Tobacco curing and manufacturing, and tobacco products.
SSS. Tool and die shops.
TTT. Tools and hardware, such as bolts, nuts, screws, doorknobs, drills, hand tools and cutlery, hinges, house hardware, locks, non-ferrous metal castings and plumbing appliances.
UUU. Toys.
VVV. Truck, tractor, trailer or bus storage yard, but not including a truck or motor freight terminal, which are listed under special uses.
WWW. Umbrellas.
XXX. Upholstering (bulk), including mattress manufacturing, rebuilding and renovating.
YYY. Vehicles, children's, such as bicycles, scooters, wagons and baby carriages.
ZZZ. Watches.
AAAA. Wood products, such as furniture, boxes, crates, baskets and pencils, and cooperage works.
BBBB. Any other manufacturing establishment that can be operated in compliance with the performance standards listed below without creating objectionable noise, odor, dust, smoke, gas, fumes or vapor, and that is a use compatible with the use and occupancy of adjoining properties.
(3) Wholesale and warehousing, local cartage and express facilities (but not including motor freight terminals).
(4) Public and community service uses, as follows:
A. Bus terminals, bus garages, bus lots, street railway terminals and street car houses.
B. Electric substations.
C. Fire stations.
D. Municipal or privately-owned recreation buildings or community centers.
E. Parks and recreation areas.
F. Police stations.
G. Sanitary landfill.
H. Sewage treatment plants.
I. Telephone exchanges.
J. Water filtration plants.
K. Water pumping stations.
L. Water reservoirs.
(5) Residential uses, as follows: Dwelling units for watchmen and their families when located on the premises where they are employed in such capacity.
(6) Miscellaneous uses, as follows:
A. Accessory uses.
B. Radio and television towers.
C. Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.
(7) Off-street parking and loading, as permitted or required in Chapter 1262.
(8) Above-ground fuel storage tanks for flammable or combustible liquids as permitted by Section 1610.04 of the Fire Prevention Code (BOCA F-2805.5).
(9) Solar energy systems of all types, in accordance with the provisions of Chapter 1477 of these Codified Ordinances.
(10) Drive in, drive through, or curbside delivery services in connection with any use permitted in the district or otherwise allowed by a special use permit.
(11) Self service storage facilities.
(12) Meeting halls.
(b) Special Uses. The following uses may be allowed by special use permit in accordance with the provisions of Chapter 1242
.
(1) Any use not otherwise permitted under subsection (a) of this Section, and which may be allowed as a permitted or special use in the B-3 Business District, with the exception of multi-family residential uses consisting of three (3) or more dwelling units.
(2) Airports or aircraft landing fields.
(3) Breweries, distilleries, and wineries.
(4) Planned developments, industrial.
(5) Motor freight terminals.
(6) Stadiums, auditoriums and arenas.
(7) Theaters, outdoor drive-in.
(8) Trailer or mobile home parks.
(9) Any use permitted in the M-2 General Manufacturing District, provided the performance standards of this district can be met in their entirety.
(10) One mobile home or residential trailer on one individual lot of record on or before September 20, 1965. The maximum size of said lot shall be 15,000 square feet and the minimum size of said lot shall be the average square foot area of adjacent lots which are being used for residential purposes. This special use provision shall not apply unless sixty percent or more of the adjacent property is used for residential purposes.
(11) The following adult-use cannabis business establishments:
A. Adult-use cannabis craft growers;
B. Adult-use cannabis cultivation centers;
C. Adult-use cannabis infuser organizations;
D. Adult-use cannabis processing organizations;
E. Adult-use cannabis transporting organizations; and
F. Co-located cannabis business establishments, provided at least one of the uses is otherwise allowed as a special use in the district.
(12) Restaurants, taverns, package liquor stores and any other establishment selling alcoholic beverages for consumption one or off the premises.
(c) Conditions of Use. All permitted uses are subject to the following conditions:
(1) Any production, processing, cleaning, servicing, testing and repair or storage of goods, materials or products shall conform to the performance standards set forth below.
(2) All business, production, servicing and processing shall take place within completely enclosed buildings, unless otherwise specified. Within 150 feet of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight feet high, but in no case lower in height than the enclosed storage and suitably landscaped.
However, open off-street loading facilities and open off-street parking of motor vehicles under one and one-half tons capacity may be unenclosed throughout the district, except for such screening of parking and loading facilities as may be required under the provisions of Chapter 1262.
(3) Uses established on the effective date of this Zoning Code and by its provisions rendered non-conforming shall be permitted to continue, subject to the regulations of Chapter 1266.
(4) Uses established after the effective date of this Zoning Code shall conform fully to the performance standards hereinafter set forth for the district.
(d) Yard Areas. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such building.
(1) Front yard. On every zoning lot a front yard of not less than thirty feet in depth shall be provided. However, where lots within the same block and comprising forty percent of the frontage on the same street are already developed on the effective date of this Zoning Code with front yards with an average depth of less than thirty feet, such average depth shall be the required front yard depth for such frontage in said block.
(2) Side yards. On every zoning lot a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent of the lot width, but need not exceed twenty feet in width.
(e) Maximum Floor Area Ratio. The maximum floor area ratio shall be 1.5.
(f) Signs. Signs shall be as permitted and allowed in Chapter 1468 of the Building and Housing Code.
(g) Performance Standards. Any use established hereafter in any M-1 Manufacturing District shall be so operated as to comply with the performance standards set forth as follows:
(1) Noise. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to the standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive-type noise shall be subject to the performance standards hereinafter prescribed, provided that such noise shall be capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this Zoning Code, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.
At no point either on the boundary of a residence district or a business district or at 125 feet from the nearest property line of a plant or operation, whichever distance is greater, shall the sound pressure level of an individual operation or plant (other than the operation of motor vehicles and other transportation facilities) exceed the decibel levels at the designated octave bands shown hereafter for the districts indicated.
Octave Band Cycles Per Second | Residence Districts | Business Districts |
0 to 75 | 67 | 73 |
76 to 150 | 62 | 68 |
151 to 300 | 58 | 64 |
301 to 600 | 54 | 60 |
601 to 1,200 | 49 | 60 |
1,201 to 2,400 | 45 | 51 |
2,401 to 4,800 | 41 | 47 |
4,801 and over | 37 | 43 |
(2) Smoke and particulate matter.
A. No stack shall emit more than ten smoke units during any one hour, nor shall smoke of a density in excess of Ringelmann No. 2 be emitted, provided that during a single one-hour period in each twenty-four hour day each stack may emit up to twenty smoke units when blowing soot or cleaning fires, and during such cleaning of fires, smoke of a density of Ringelmann No. 3 may be emitted, but not for longer than four minutes each period.
B. No emission of smoke or particulate matter shall exceed a density of Ringelmann No. 3, except for a plume consisting entirely of condensed steam. For the purposes of grading the density of emission, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed.
C. The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of one pound per acre of lot area during any one hour.
D. Dust and other forms of air pollution borne by the wind, from such sources as storage areas, yards, roads and so forth, within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. The emission of particulate matter from such sources shall conform to the requirements of paragraph (g)(2)C. hereof.
E. In addition to the performance standards specified herein, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance.
(3) Odorous matter. The emission of odorous matter from any property in such concentrations as to be readily detectable at any point along the boundaries of said property, or in such concentrations as to create a public nuisance or hazard beyond such boundaries, is prohibited.
(4) Vibration. Any process or equipment which produces intense earth-shaking vibrations, such as are created by heavy drop forges or heavy hydraulic surges, shall be set back at least 500 feet from the property boundaries on all sides, except for a property line adjoining an M-3 District, where such setback shall not be mandatory. However, in no case shall such vibrations be allowed to crate a public nuisance or hazard beyond the property boundaries.
(5) Toxic or noxious matters. No use on any property shall discharge across the boundaries of said property toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to other property or business.
(6) Glare or heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building and effectively screened in such a manner as not to create a public nuisance or hazard along property boundaries.
(7) Fire and explosive hazards. Fire and explosive hazards shall be controlled as follows:
A. Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in the M-1 District.
B. The storage, utilization or manufacture of materials ranging from incombustible to moderate burning, as determined by the Zoning Administrator, is permitted.
C. Storage, utilization or manufacture of materials or products ranging from free or active burning to intense burning, as determined by the Zoning Administrator, is permitted under the following conditions:
1. All storage, utilization or manufacture of such materials or products shall be within completely enclosed buildings or structures having incombustible exterior walls; and
2. All such buildings or structures shall be set back at least forty feet from property boundaries or, in lieu thereof, shall be protected throughout by an automatic sprinkler system complying with standards for installation prescribed by the National Fire Protection Association.
D. Materials or products which produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted in this district, with the exception of the following, which are permitted:
1. Materials required for emergency or standby equipment.
2. Materials used in secondary processes which are auxiliary to a principal operation, such as paint-spraying of finished products; and
3. Flammable liquids and oils stored, sold and used in conjunction with the operation of any automobile service station and customarily required or used in such operation.
(1977 Code §73-901; Ord. 92-49. Passed 10-19-92; Ord. 2013-44. Passed 9-16-13; Ord. 2018-40. Passed 9-17-18; Ord. 2019-56. Passed 11-18-19; Ord. 2020-38. Passed 7-20-20; Ord. 2021-40. Passed 9-20-21; Ord. 2021-42. Passed 9-20-21; Ord. 2022-48. Passed 10-17-22.)