(A) Permitted uses.
(1) Light manufacturing;
(2) Warehousing and storage, enclosed storage of goods, materials and equipment including trucks;
(3) Wholesaling of products on the premises;
(4) Adult cabarets provided that the use is also a minimum of 300 feet from any A, R-1, R-2, R-3, R-4, B-1, or B-2 zoning district. The distance between an adult cabaret and any A, R-1, R-2, R-3, R-4, B-1, or B-2 zoning district shall be measured in a straight line, without regarding to intervening structures or objects, from the nearest portion of the building or structure used as the premises of the adult cabaret to the nearest boundary or lot line of the A, R-1, R-2, R-3, R-4, B-1, or B-2 zoning district.
(5) Buildings, structures and uses accessory to the above.
(B) Special exceptions.
(1) Bulk fuel storage;
(2) Public parks but only to the extent to permit one walking and biking trail prohibiting motorized vehicles and subject to other conditions and restrictions as may be imposed by the Board of Zoning Appeals and one park not to exceed 10.02 acres in size.
(3) Wireless communication facilities, but only if the following requirements are met:
(a) WIRELESS COMMUNICATIONS FACILITY shall mean any towers, poles, antennas or other structures intended for use in connection with transmission or receipt of radio or television signals, or any other spectrum-based transmissions/receptions, excepting private, residential, non-commercial structures not exceeding 60 feet in height.
(b) Before any new facility is approved, applicant shall be required to show that no colocation opportunities are already available and that applicant has conducted a complete inventory of existing structures, and that the new facility is necessary in order to offer service.
(c) Towers, including all attachments, shall not exceed 199 feet in height.
(d) The setback for a tower exceeding 60 feet in height from ground level shall be the greater of 100% of the tower height.
(e) Applicant may be required to install a fence, at least eight feet tall, surrounding each
facility. Advertising signs may be prohibited on the fences. There shall be a sign on the fence with 24-hour emergency number.
(f) Applicant may be required to paint the facility so as to blend in with the background.
(g) Dish antennas over six feet in diameter are prohibited.
(h) The planting of trees and/or shrubs may be required around the entire facility in order to provide screening for a wireless communication facility if such facility is adjacent to any real estate zoned R1, R2, or R3.
(i) Lighting not required by the FAA may be prohibited.
(j) Regular inspections to assure continued compliance with FCC emission standards shall be required at applicant’s expense.
(k) At the applicant’s expense, the town may hire consultants for any combination of the following reasons: to conduct an independent analysis on the applicant’s proposal; to do a study of whether the applicant’s proposal would meet all relevant requirements; to determine whether the antenna facility as proposed would be necessary to provide wireless coverage and inspect facilities to assure continued compliance with all relevant regulations.
(l) Applicants shall be required to provide copies of all records relating to compliance with the Telecommunications Act, as well as other federal laws, such as the National Environmental Policy Act. Applicants shall be required to disclose all relevant federal documents and any communications with the FCC or FAA. This full disclosure requirement shall be extended throughout the lifetime of the facility.
(m) If the facility goes unused for a period of one year, then the facility must be removed. The existence of a facility which has not been used for a period of one year constitutes a nuisance. The owner or other responsible party shall post a bond to cover the cost of removal as well as the cost of landscape remediation. The removal of the facility includes removing at least four feet of any subsurface foundation measured from the surface of the ground at its lowest point in connection with the foundation. The excavation shall be properly backfilled in lifts with proper material approved by the town.
(n) Each facility shall be fully automated. Vehicle access and on-site parking, for all but maintenance vehicles, may be prohibited.
(o) Only one development plan shall be submitted per application, which shall be amended only by approval of the Board once the hearings commence; application shall have attached thereto a construction plan with specifications of all material, construction drawings of the tower, all anchors, cables and related structures, which plans and specifications shall include a complete description of the proposed transmission tower, and the location, color, style, and power of any warning lights affixed thereto.
(C) Yard and building requirements.
(1) In calculating the size of yards and/or measuring to establish setback lines, the measurement is to be taken from the furthest protruding point of the building, such as eaves, steps, ramps, decks, porches and the like. When adjoining property is within an agricultural, commercial or industrial district:
(a) Front yard 50 feet
(b) Side yard 50 feet
(c) Rear yard 50 feet
(2) Whenever the parcel adjoins any residential district:
(a) Front yard 100 feet
(b) Any yard which adjoins an R district 100 feet
(3) A parking area may not be located within 100 feet of an R district.
(4) A loading area may not be located within 200 feet of an R district or in the front of any building. A loading area is not permitted in a location or in such a configuration that enables or encourages vehicles to use public thoroughfares for backing, parking or otherwise maneuvering to access the loading area. Vehicles may temporarily park on a public thoroughfare while waiting its turn to access the loading area.
(5) Upon development, industrial sites shall construct a buffer zone around all sides of the site which zone may consist of one or more of the following: earth mounds, tree plantings, hedges or decorative fences. In the case of future rezoning, the types of buffer are to be designated by the Plan Commission at the time of rezoning.
(6) Minimum lot size is five acres.
(D) Prohibited uses.
(1) Any process or storage of significant amounts of toxic waste of dangerous substances.
(2) Outside storage of any type.
(3) Any process which involves the generation of odor which escapes the facility.
(‘88 Code, § 10-4-10) (Ord. 82-4, passed 4-26-82; Am. Ord. 96-5, passed 12-2-96; Am. Ord. 97-5, passed 7-7-97; Am. Ord. 98-8, passed 8-31-98; Am. Ord. 2000-05, passed 8-28-00; Am. Ord. 2002-04, passed 7-1-02; Am. Ord. 2013-8, passed 9-3-13)