§ 155.083  INDUSTRIAL USE PERMIT.
   (A)   Purpose. To provide for industrial uses that require special consideration in certain settings, which without specific consideration may have possible adverse impact on neighboring properties.
   (B)   Permit required. A building permit or certificate of occupancy shall not be issued for any use which is permitted only by an industrial use permit unless the industrial use permit has first been approved in accordance with the provisions of this chapter and the use has met all the conditions of approval.
   (C)   Application procedure. An application for an industrial use permit shall be filed with the Planning Department. Upon receiving a complete application, the Director of Planning will submit it to the City Council for public hearing and consideration.
   (D)   Site plan requirements. The site plan shall provide the following information:
      (1)   A complete signed application as provided by the Planning Department or on the city's website at: www.mansfieldtexas.gov.
      (2)   The appropriate fee in accordance with the current fee schedule adopted by City Council.
      (3)   On a separate 8½" X 11" exhibit, provide a metes and bounds description of the property included in the zoning change request, including the total acreage, signed and sealed by a registered surveyor.
      (4)   On a separate 24" X 36" or 22" X 34" sheet, drawn at the same scale as the plan, show the approximate topography of the plan area, all water courses that will remain in a natural state, 100-year floodway and 100-year floodplain per FEMA and other hydraulic and hydrologic studies as necessary. Provide two copies.
      (5)   On a separate 24" X 36" or 22" X 34" sheet, drawn at the same scale as the plan, show proposed and existing water and sanitary sewer locations. Also include the locations and sizes of private water and sanitary sewer lines. Provide two copies.
      (6)   A separate exhibit and documents indicating the traffic volumes, turning movements, evaluation of ingress and egress existing and proposed, when required by the City Engineer.
      (7)   An electronic copy of the plan in accordance with current established policy.
      (8)   Copies of the plan shall be submitted to the city in the manner specified by the most current submittal policies. The plan must be drawn to an acceptable size and scale and must indicate all significant features of the proposed development to include:
         (a)   A vicinity map locating the property in relationship to existing major thoroughfares.
         (b)   Title block, preferably in the lower right-hand corner, including the following: "Site Plan for SUP, name of development, survey and abstract number or recorded plat information, city, county, state, date of preparation, acreage and number of lots".
         (c)   Acceptable scale: 1" = 20', 1" = 40', 1" = 100' or as approved.
         (d)   Type size is legible at full scale and when reduced.
         (e)   North arrow, graphic and written scale in close proximity.
         (f)   Name, address, phone and fax of owner/developer and the firm preparing the plan.
         (g)   A map showing the boundary dimensions.
         (h)   Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site improvements, sufficient to demonstrate the relationship and compatibility of the site to the surrounding properties, uses and facilities.
         (i)   The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic and the proposed access and connection to existing or proposed streets adjacent to the plan area. Include a chart indicating the number of required parking spaces by use, the method of calculation and the number of proposed parking spaces.
         (j)   The types of surfacing, such as paving (e.g. concrete, brick, turf, etc.) to be used at the various locations.
         (k)   The location and size of all fire lanes with all curb radii adjacent to the fire lane labeled. The nearest fire hydrant dimensioned to the property corner and all proposed fire hydrants.
         (l)   The location, height, setbacks and floor areas for all buildings, the floor area ratio and the following building details:
            1.   Entrance and exits to the building.
            2.   Architectural renderings or elevations of proposed structures with all exterior materials for roofs, awnings, walls etc. labeled.
            3.   Calculations of the masonry content on each facade and in total for each building. (Example: Area of front facade = h x 1, percent masonry = 80%)
            4.   Distance between buildings and distance from building to property lines.
         (m)   The number, location, and dimensions of the lots.
         (n)   The location of all on-site facilities for liquid waste or method of temporary storage pending disposal, including existing or proposed septic fields.
         (o)   The location, size and type of each outside facility for waste or trash disposal. If no facility is shown, provide a note indicating method of disposal and removal.
         (p)   A tree survey locating all protected trees by type, size and species and mitigation plan, if required by the city's Natural Resources Management ordinance. (Refer to the Tree Preservation Application as found on the city's website.)
         (q)   A landscape plan showing all landscape setbacks and buffers; parking lot landscaping; and any additional landscaping proposed. A chart indicating the size, length and width of the landscape areas, with the required number of plants and the proposed number of plants should be included on the plan. The landscape plan may be presented on a separate exhibit on the same sheet size and at the same scale as the site plan.
         (r)   The location, type, and size of all fences, berms, or screening features.
         (s)   A plan, including elevations, showing location, size, height, orientation and design of all signs regulated by the city's sign ordinance.
         (t)   The location, size and type of all pedestrian areas and sidewalks.
         (u)   The location, size, type and purpose of any outside storage or outside display and method of screening. Indicate the percentage of outside storage as compared to the building square footage.
         (v)   Phases of development should be shown and labeled. Provide a development schedule indicating the start and finish date of each phase and improvements, broken down by use and acreage.
         (w)   When deemed necessary, the City Council may ask for more information during the review of an industrial use permit. Likewise, they may waive some of the information if the application is a simple request to deviate from the existing zoning category on the property.
   (E)   Public hearings. The notification and public hearing process for an industrial use permit shall follow those for a specific use permit as set forth in § 155.115(C).
   (F)   Conditions for approval. An industrial use permit shall be issued only if all of the following conditions have been found:
      (1)   That the industrial use permit will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity;
      (2)   That the establishment of the industrial use permit will not impede the normal and orderly development and improvement of surrounding vacant property;
      (3)   That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided;
      (4)   The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;
      (5)   That adequate nuisance or hazard prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;
      (6)   That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and
      (7)   That there is sufficient landscaping and screening to insure harmony and compatibility with adjacent property.
   (G)   Additional conditions. The City Council may, in the interest of the public welfare and to assure compliance with the intent of this chapter, require additional development standards, operational conditions and safeguards concerning items such as setbacks, ingress and egress, off-street parking and loading arrangements, landscaping and screening, construction of buildings and uses, term limits, air-quality and sewer pretreatment, security measures, and federal and state permits that may be important to the welfare and protection of adjacent property and the community as a whole.
   (H)   Time limit. An industrial use permit issued under this section shall be valid for a period of two years from the date of issuance and shall become null and void unless construction or use is substantially underway during said two-year period, or unless an extension of time is approved by the City Council.
   (I)   Revocation. An industrial use permit may be revoked or modified, after notice and hearing, for either of the following reasons:
      (1)   The industrial use permit was obtained or extended by fraud or deception; or
      (2)   That one or more of the conditions imposed by the City Council has not been met or has been violated.
   (J)   Amendments. The Director of Planning may approve minor variations or revisions from the original industrial use permit which do not increase density, change traffic patterns, or result in any increase in external impact on adjacent properties or neighborhoods. The Director of Planning may refer any request for variation or revision that warrants special consideration to the City Council for its review. If, in the City Council's determination, the variation or revision does not constitute a significant change to the original industrial use permit, no public hearing will be called and the revision will be deemed approved. The City Council in its sole discretion may deny any request for revision to an industrial use permit.
   (K)   Processing fee. A processing fee shall be required for the processing of each industrial use permit request in accordance to the fee schedule ordinance of the city.
   (L)   Limitation of re-applications. No new application for an industrial use permit shall be heard for a particular parcel of property if within 12 months prior to the date of said application either an application was denied by the City Council or an application was withdrawn after the giving of public notice, and such new application currently under consideration includes property which was all or a part of the previously denied or withdrawn case, and the application currently under consideration is for the same or a more intense use as determined by the city; however, on receipt of written request by the original applicant stating how conditions have changed substantially in the community since prior consideration of his proposal so as to justify an earlier review of this matter, the City Council may waive the mandatory delay period and authorize the acceptance of a new application.
   (M)   Postponement of public hearings at applicant's request. A request for postponement of a scheduled public hearing on an application for industrial use permit shall follow those for a specific use permit as set forth in § 155.115(F).
(Ord. 671, passed 4-15-86; Am. Ord. OR-2189-20, passed 10-26-20)