(a) General Purpose: The M -2 Industrial District is designed to provide for industrial and other uses that can be operated in such a manner as to conform to the applicable performance standards of this district. These uses perform essential and necessary functions and are provided for in areas that are best suited for such industrial development by reason of location, and the availability of the adequate utility and transportation systems, and accordingly, are isolated from residential neighborhoods.
(b) Permitted Uses. Within the M-2 Industrial District, a structure or premises may be erected or used only for the following purposes:
(1) Any use permitted within the M -1 Controlled Industrial District.
(2) Agricultural Processing Facilities.
(3) Public structures not otherwise defined and regulated by this code or parking areas erected, leased or used by any department of a municipal, county, state or federal government.
(5) Supply or Storage Yard.
(c) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional uses may be approved, provided they meet the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Automobile Service Stations (full service and fuel only) and car washes subject to conditions in Section 1134.08(b).
(2) Extraction of sand and gravel, topsoil, and other natural resources.
(3) Parking Areas: Extension of parking into contiguous zoning district parking areas, subject to Section 1134.08(j).
(5) Public utility control facilities or structures.
(6) Refuse disposal sites.
(7) Industrial uses that can operate in compliance with the required performance standards of this Chapter that are not otherwise permitted in any other zoning district of the City.
(8) Sweepstake terminal café.
(9) Jail/Correction Facility.
(d) Lot Size and Yard Area Requirements. Minimum lot size and yard area requirements as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed, or structurally altered within the M -2 Industrial District.
(e) Minimum Floor Area Requirements and Bulk Regulations: Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed, or structurally altered within the M -2 Industrial District.
(f) Off-Street Parking, Loading and Storage Regulations: Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the M-2 Industrial Zone.
(h) Performance Standards for Industrial Uses: Any use constructed, established, altered or enlarged in the M -2 Industrial District, other than a sexually oriented business, shall be operated in a manner that complies with the following standards. No existing use shall be altered or modified so as to conflict with the standards established herein.
(1) All outdoor storage of materials or equipment shall be effectively screened pursuant to Chapter 1145.
(2) Noise from any operation conducted on the premises, either continuous or intermittent, shall be subject to the provisions of Chapter 543 of the General Offenses Code.
(3) No Structure shall be used for residential purposes, except that a watchman may reside on the premises.
(4) No manufacturing emission or disposal of toxic or noxious matter which is injurious to human health, comfort or enjoyment of life and property, or to animal and plant life shall be permitted.
(5) The emission from all sources within the district of smoke or other air pollutants as defined by the Ohio Environmental Protection Agency shall not violate the respective air quality standards of the Ohio EPA.
(6) The emission of odors or odor causing substances, which can be detected at or beyond the district boundary, is prohibited.
(7) Vibrations, which can be detected without the use of instruments at or beyond the property lines, are prohibited.
(i) Performance Standards For Sexually Oriented Uses. Sexually oriented business uses are categorized as any establishment consisting of, including, or having the characteristics of any or all of the following uses: adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult-only entertainment establishment, adult theater, escort agency, nude model studio, sexual encounter center, or sexually oriented spa. Specific definitions are provided in Chapter 1101 (Definitions) as part of the definition of a sexually oriented business; however, sexually oriented business activities shall not include massage parlors, as defined in Chapter 1101, or obscene materials or prostitution, as regulated in the Maumee Criminal Code. Sexually oriented business uses have additional regulations imposed to protect children from accidental or other exposure to adult materials and activities and because of the likelihood to produce harmful secondary health, safety, and aesthetic effects on residential neighborhoods and other specified land uses. These additional regulations include the following:
(1) No sexually-oriented business shall be established within one thousand (1,000) feet of any:
(A) Residential Zoning District R-1, R-2, R-2A, R-3, R-4, and others as they may be established;
(B) Library, educational institution, park, recreational facility, religious place of worship, child day care facility, playground, or swimming pool;
(C) Planned Unit Development that includes residential land uses; or
(D) Bar, tavern, or other establishment offering the sale of beer or intoxicating liquor for consumption on the premises regulated by the Ohio Division of Liquor Control (ORC Title 43).
(2) No sexually oriented business shall be established within five hundred (500) feet of any other sexually oriented business.
(3) For the purpose of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed above in this section. Presence of a municipal, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Section.
(4) Prohibited Public Display. No displays, promotions, or advertisement which depict or describe adult materials, specified sexual activities or specified anatomical areas shall be shown, distributed or exhibited so as to be visible to the public from any other privately owned property, pedestrian sidewalks or walkways, or from other public or semi-public areas.
(5) Public View to Be Prevented. All building openings, entries, windows, and doors of sexually oriented businesses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any other privately owned property, pedestrian sidewalks or walkways, or from other public or semi-public areas. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from any other privately owned property, pedestrian sidewalks or walkways, or from other public or semi-public areas.
(6) External Audio and Visual Impact. No screens, loudspeakers, or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) or any other sexually oriented businesses shall be operated in such a manner as to be seen or discerned by the general public from any other privately owned property, pedestrian sidewalks or walkways, or from other public or semi-public areas.
(7) Exterior Signage Exterior identification signage is permitted subject to other applicable provisions of these regulations. However, to limit exposure of sexual images to minors, no exterior signage shall include sexually explicit verbal messages, graphics, drawings, or other illustrations of specified sexual anatomical areas or specified sexual activities.
(j) Interpretation. In interpreting the performance standard of these sections, either the Building and Zoning Inspector or the applicant may request an interpretation from the Planning Commission.
(1) For the purposes of such interpretation the Planning Commission may consider a written report on the expected performance of the subject use by a qualified consultant appointed by the Commission. The applicant shall pay fees for such consulting services.
(2) Failure of the Planning Commission to give an interpretation within forty-five (45) calendar days from of the date the request is first heard shall be considered an interpretation favorable to the applicant.
(Ord. 088-2019. Passed 5-6-19.)