(A) Introduction.
(1) For documentation of issues addressed in this chapter, see Jennings County Comprehensive Plan, Chapter VI: “Land Use,” November 1, 1994.
(2) Generally, it is the intent and policy of the Area Plan Commission that heavy industries are those that meet either of two criteria: the manufacture of products from raw materials and the requirements of outside storage of process materials and/or products. Light industries are generally those which manufacture products by assembling components or processing semifinished products and do not require outside storage. Other criteria, such as emissions, water consumption, noise, vibrations and other factors established as “nuisances” will also guide the Commission in distinguishing heavy and light industrial uses.
(B) Establishment of industrial zoning districts. The following industrial zoning districts are established in the county, and are abbreviated as indicated. Land within the county is classified, divided and zoned into said districts as designated on the zoning maps, which are incorporated herein by reference and made a part of this chapter.
Industrial Districts | Abbreviations |
Heavy Industrial | I-H |
Light Industrial | I-L |
(1) The I-L District is designed for those industries which carry on their entire operation within a completely enclosed building in such a manner that no nuisance factor is created or emitted outside an enclosed building. No storage of raw materials, manufactured products or any other materials is permitted in the open space around the buildings. Loading and unloading berths are enclosed or shielded by a solid screening. This district has strict controls on the intensity of land use, providing protection of each industry from the encroachment of other industries. All uses in the I-L District shall conform to the I-L development standards and performance standards.
(2) The I-H District is for those industries that meet either of two criteria: the manufacture of products from raw materials or the necessity of outside storage of material and/or products. Manufacturing, mining or other industrial processes which produce emissions, water consumption, noise, vibrations, the storage of potentially hazardous materials and other factors established as “nuisances,” may be designated by the Commission as heavy industry.
(C) Industrial regulation. The following regulations shall apply to all land within the industrial districts.
(1) Regulation conformation after the effective date of this chapter.
(a) With the exception of legally established non-conforming uses, no land, building, structure, premises or part thereof shall be used or occupied except in conformity with these regulations and for uses permitted by this chapter.
(b) No building, structure, premises or part thereof shall be constructed, erected, converted, enlarged, extended, reconstructed or relocated except in conformity with these regulations and for uses permitted by this chapter. (For steps on how to obtain a building permit, refer to § 154.030.)
(c) Legally established non-conforming uses may be reconstructed if damaged or partially destroyed by fire or other disaster when such damage or destruction does not exceed two-thirds of the gross floor area of the structure or facilities affected.
(d) Any previously officially recorded, platted lot having less than the minimum lot area and/or minimum lot width required by the applicable industrial district regulations of this chapter shall be deemed an exception to such minimum lot area requirement; and an industry may be constructed thereon provided all other requirements of this chapter, including minimum yard and setback requirements, shall be met.
(e) Any legally established non-conforming use, public elementary, junior high or high school (including any structures, facilities and parking area accessory thereto) may be constructed, erected, converted, enlarged, reconstructed or relocated for such public elementary, junior high or high school use on the same lot or parcel.
(2) Performance standards. All uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards. No use in existence on the effective date of this chapter shall be so altered or modified as to conflict with these standards.
(a) Vibration. No use shall cause earth vibrations or concussions detectable beyond the lot lines without the aid of instruments.
(b) Smoke, particulate matter, noxious matter. No use shall emit smoke of a density equal to or greater than No. 1 according to the Ringlemann Scale, as now published and used by the U.S. Bureau of Mines, and subject to the regulatory limitations of the State Department of Environmental Management (IDEM). The emission of smoke, particulate matter or noxious or toxic gases shall conform to the standards and regulations of IDEM and the State Air Pollution Control Board.
(c) Odor. No use shall emit across the lot lines odor in such quantity as to be readily detectable at any point along the lot lines and as to be detrimental to or endanger the public health, safety or welfare or cause injury to property.
(d) Sound. No use shall produce sound in such a manner as to endanger the public health, safety or welfare or cause injury to property. Sound shall be muffled so as not to become detrimental due to intermittence, beat frequency, shrillness or vibration.
(e) Heat and glare. No use shall produce heat or glare creating a hazard perceptible from any point beyond lot lines.
(f) Waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the Department of Environmental Management or in such a manner as to endanger the public health, safety or welfare or cause injury to property.
(g) Junk automobiles (vehicles). Vehicles not in operating condition and parked at a commercial location more than 30 days may be removed from the property with the notification by certified mail to the vehicle owner.
1. These vehicles will be towed at the owner’s expense to a holding area for 30 days and then disposed of to a legal salvage yard.
2. Notification and removal will be under court and police supervision. A show cause hearing will not be held for these violations.
(h) Unnecessary clutter. No one shall be permitted to heap, litter or strew in a confused and disorderly manner, any materials or objects on property owned, leased or rented for commercial purposes.
(i) Burning of materials. No use shall permit burning of any materials or chemicals except as fuels in approved heating or manufacturing process facilities.
(3) Development standards.
(c) Transitional yards. Where an industrial lot abuts a residential lot or commercial lot, the industrial lot shall have a transitional yard adjacent to the residential or commercial lot at least equal in width to the required yard for that type of residential or commercial district.
Table 8-1: Industrial Lot Layouts
I-L | I-H |
I-L | I-H | |
Lot Size | ||
Minimum lot area | Sewer .5 acres Septic 5 acres | Sewer 1 acre Septic 10 acres |
Minimum lot width (1) | 100 feet | 200 feet |
Setback and Yards | ||
Maximum building coverage of lot | 40% | 30% |
Minimum open space | 25% | 25% |
Minimum rear yard | 25 feet | 50 feet |
Minimum setback(2) | 50 feet | 100 feet |
Minimum setback abutting arterial (2) | 100 feet | 150 feet |
Minimum side yard | 25 feet | 50 feet |
Structure Size | ||
Maximum height | 40 feet | 40 feet |
Minimum area per floor | 1,000 sq. ft. | 1,000 sq. ft. |
Minimum floor area | 1,200 sq. ft. | 1,200 sq. ft. |
(1) Lot width is measured at the building line. (2) Any side of a lot that faces a public street or public right-of-way shall be considered a front and shall have appropriate setback, measured from the centerline of the road or street. Under no circumstances shall the front yard setback be less than 25 feet from the right-of-way line. (3) Minimum setback to any residential lot shall be 100 feet. | ||
All new construction shall include the required improvements as listed in § 154.031. The depth to width ratio of any industrial lot may not exceed a maximum of 4 to 1 or a minimum of 1 to 1. (Where 1 is the lot width in both cases) (See Figure 4-1: Depth to Width Ratio for an example.) | ||
(D) Special uses-Industrial Districts.
(1) Landfills.
(a) Landfills shall be permitted only as a special use in Heavy Industrial (I-H) Districts and shall comply with all regulations of industrial districts.
(b) Before zoning for a landfill can be received, the applicant must have approval from the State Department of Environmental Management.
(c) Landfills must have 1,500 feet setback from all public roads.
(d) Landfills must be visually screened throughout the year from all roads or thoroughfares and commercial or residential districts.
(e) This chapter shall comply with all IDEM setbacks from public roads.
(2) Salvage yards and impoundment yards.
(a) A salvage yard is any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted; including, but not limited to, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purposes of wrecking or salvaging parts therefrom.
(b) An impoundment yard is any place where automobiles or other vehicles not being operated are held by the police, auto towing company or other authority or individual for confiscation, evidence, bond, disposition or storage.
(c) Salvage yards and impoundment yards shall be permitted only in Heavy Industrial (I-H) Districts and shall comply with all regulations of industrial districts.
(d) Salvage yards and impoundment yards must be visually screened throughout the year from all roads or thoroughfares and commercial or residential districts.
(3) Airports.
(a) Any location, including necessary buildings, either on land, water or structure, which is designed or used for landing and taking-off of aircraft, shall be located in a Heavy Industrial (I-H) District. Airports are a special use within I-H Districts, and approval of the Area Plan Commission is required prior to development or use of property as an airport.
(b) All airports must comply with the regulations and policies of the Federal Aviation Administration and various other federal and state agencies with applicable jurisdiction. Documentation of such compliance may be required by the Area Plan Commission prior to the approval of the special use. The local airport ordinance is located in § 154.056.
(Ord. passed 9-1-2006; Ord. 04, 2008, passed 6-23-2008) Penalty, see § 154.999