The regulations set forth herein or elsewhere in this chapter are the district regulations for the 18/29 Commerce Park Planned Development District:
(A) Uses permitted. A building, space, lot, or premises shall be permitted to be used for the following purposes and not otherwise in the following identified district or subarea.
(1) Subarea A. Livestock sales barn and all usual improvements for the conduct of a livestock auction business, including livestock pens, loading/unloading chutes, vehicle and trailer parking areas, and lagoons or ponds associated with the detention of storm waters, animal wastes, and human wastes, designed, maintained, and operated in accord with the general or site specific permit of the Department of Environment and Natural Resources, or other applicable law or regulation otherwise applicable to a concentrated animal feeding operation, such uses to observe all applicable setback or separation distances provided for in § 154.250(F), as amended.
(2) Subarea B.
(a) Office, bank, or financial institution; nursery or greenhouse; retail sales and trade, personal services, communication facilities and warehousing; wholesale trade; equipment sales, display, service, rental or repair; transportation services; lumberyard, building construction center; contractor’s shop and storage yard; car wash; permitted special uses: warehousing and repair services, and communication facilities; and, provided:
1. No outside storage is conducted on the premises;
2. No storage of a regulated substance is undertaken; and
3. The building contains 20,000 square feet of area or less; veterinarian clinic, provided no outside kenneling of animals; frozen food locker, containing 20,000 square feet of area or less; on site signs, in conformity with §§ 154.335 through 154.340; uses, as would otherwise be appropriate in the C District, as listed in § 154.116 and § 154.117; light manufacturing; and uses similar to those listed, but not otherwise specified.
(c) Vehicle or equipment parking areas, and lagoons or ponds associated with the detention of storm waters and human wastes, to be designed, maintained, and operated in accord with permits and requirements of the Department of Environment and Natural Resources, or other applicable law or regulation otherwise applicable to such uses.
(B) Accessory uses. Accessory uses and buildings permitted are those customarily incident to any permitted use in the following referenced district or subarea thereof, and further restricted as follows:
(1) Subarea A. Livestock sales barn may additionally provide auction services on-site for farm machinery or goods or other personal property, and may also provide, by lease to tenant or otherwise, on-premises food and beverage services, including café, to serve the needs of patrons, visitors, or general public; and
(2) Subarea B. Uses normally ancillary or subordinate to the permitted uses, as specified in division (B)(1) above.
(C) Parking regulations. The parking regulations for the 18/29 Commerce Park Planned Development District are as follows:
(1) Subarea A. Parking regulations for this subarea shall be those specified in § 154.300(B); off-street parking may be provided within 300 feet of the livestock sales barn, the number of spaces to be consistent with § 154.301(K), based on the number of seats in the sales pavilion area, without increase on account of café or other accessory uses therein.
(2) Subarea B. Parking regulations for this subarea shall be as follows.
(a) One parking space shall be provided for each 400 square feet of floor area.
(b) Parking lots and driveways shall be hard-surfaced, or finished by durable recycled materials, as selected by the developer.
(c) Parking may be provided within 300 feet of the principal use.
(D) Sign regulations. Sign regulations for the 18/29 Commerce Park Planned Development District, both Subareas A and B, shall be as follows:
(2) Regulations for on-site signs. Wall signs, projecting signs, roof signs, and freestanding signs in the District shall be governed by the provisions of § 154.317.
(3) Off-site signs. Off-site signs are not allowed in the District, except the livestock sale barn in Subarea A may maintain a freestanding sign within Subarea B, of size and height otherwise consistent with this division (D). The developer or manager of the property in the District may also maintain a pylon or other sign arrangements at or near the public entrance to the District for purposes of maintaining signs as if a “shopping center” within the meaning of § 154.318(A), provided the application of § 154.318(A) shall not prevent the use of other on-site freestanding signs within the District as meet the requirements of § 154.317(D).
(E) Density, area, yard, and height regulations.
(1) Subarea A.
(a) Density. A maximum of one livestock sales barn may be located in Subarea A, and minimum lot size for such use shall be five acres.
(b) Other regulations. Front, side, and rear yards as pertain in the I-2 General Industrial District. Maximum height, 48 feet, except for on-site signs where greater height may be allowed under § 154.161, and communications devices and support structures, which shall be governed by the maximum height restrictions of § 154.162.
(2) Subarea B.
(a) Density. On principal use per lot, one-acre minimum lot size.
(b) Other regulations. Thirty feet front yard, 20 feet side yard, 20 feet rear yard.
(c) Maximum height. Thirty-five feet, except for on-site or off-site signs where greater height may be allowed under § 154.161.
(F) Other regulations. Additional regulations for the District include the following:
(1) Subarea A.
(a) All liquid animal wastes shall be contained in lagoons constructed and maintained in accordance with plans approved by the DENR, and the livestock sales barn shall be covered either by a general or site-specific permit.
(b) All waste disposal and management, including dry manure and mixed waste materials, shall be conducted and pursued under a waste management plan, prepared by a licensed engineer, consistently with § 154.250(D) and reviewed by the DENR, reviewable also at the option of the Planning Commission. The waste management plan shall meet all minimum requirements of § 154.250, including the disposal separation distances specified in § 154.250(D)(2)(e).
(c) The animal waste facilities used by the livestock sales barn shall meet, at minimum, the setback chart provided for a Class C CAFO in § 154.250(F) (unless such separation distance is waived by an authorized person, business, or governmental entity, by written instrument duly recorded and running with the land to be burdened), notwithstanding any intensity of use under which the animal units on hand for purposes of sale by their owners may be greater than the animal units meeting the definition of a Class C CAFO.
(d) The livestock sales barn shall not keep or maintain an animal on the premises, meeting the definition of livestock, and intended by the owners to be sold at a publicly advertised or announced sale, for more than 60 consecutive hours.
(e) All structures shall be designed so that human wastes from uses in the subarea shall be connected to and collected in a sewage lagoon designed and maintained in accord with the regulations of the DENR.
(f) Trash bins or other receptacles outside of structures or buildings shall be screened or fenced, and periodically emptied and removed (not less than once per week) by commercial refuse haulers.
(g) No trash, garbage, or other refuse shall be stockpiled, burned, or buried upon any premises within the subarea, provided manure may be accumulated pending disposal in accord with the waste management plan.
(2) Subarea B.
(a) All structures shall be designed so that human wastes from uses in the subarea shall be connected to and collected in a sewage lagoon designed and maintained in accord with regulations of the DENR.
(b) Trash bins or other receptacles outside of structures or buildings shall be screened or fenced, and periodically emptied and removed (not less than once per week) by commercial refuse haulers. No trash, garbage, or refuse shall be burned or buried on any premises within the subarea.
(Ord. 0904-05, passed 5-20-2009)