§ 154.061 “I-M-1” MODERATE INDUSTRY DISTRICT.

(1) This district is intended for the conduct of general business activity which serves not only the needs of the residents of the city or the immediate surrounding area, but also the population of the larger metropolitan area. Because the permitted uses may serve and employ persons from a larger trade area, the activities and traffic generated make this district the least compatible with residential development. The permitted uses require direct access to persons from the surrounding trade areas and are ideally located on highways and intersections of arterial streets. In order to maintain sound development and good community appearance, landscaping and off-street parking are required.

(2) This district is designed to replace the former “C-2” General Commercial, “C-3” Highway Commercial and “C-4” Heavy Commercial Districts. All properties formerly classified “C-2”, “C-3” and “C-4” on the Official Zoning Districts Map shall henceforth be classified “C-C-2”and be subject to the following district regulations.

(B) Permitted uses. Property and buildings shall be used only for the following purposes:

(1) Store or shop for retail or discount sales and rental, including auctions; outside display permitted, subject to the following:

(a) No merchandise shall be placed on public rights-of-way, required parking spaces, required landscape areas, or within a sight triangle; provided the City Council, after review and recommendation by the Planning Commission, may approve a limited time special community event or merchant promotion that uses public sidewalk or street right-of-way; and

(b) Merchandise or material not being actively offered for sale shall not be stored outside a building;

(2) Automotive-related facilities including, but not limited to, the following:

(a) Automobile, light truck, and trailer sales, rental, and service, new and used;

(b) Automobile service station;

(d) General automobile repair, excluding auto salvage; and

(e) Boats and recreational vehicle sales;

(3) Appliance and small motor repair shop or similar contractor, outside storage of equipment and supplies prohibited;

(4) Eating, drinking, and recreation establishments as follows:

(a) Drive-in for food, non-alcoholic drink, or confection;

(b) Restaurant, café or banquet hall, including the dispensing of beverages composed in whole or in part of alcoholic beverages for consumption on the premises;

(d) Use restrictions: no uses listed above offering for sale or dispensing alcoholic beverages shall be located within 300 feet of any school, church, youth center, playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:

1. The nearest property line of such prohibited use (single use, freestanding building or structure); and

2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure);

(5) Veterinary clinic/hospital; provided, there are no outside runs;

(6) Recreational uses, including, but not limited to, bowling alley, skating rink, tennis court, gymnasium, health club facility, video game arcade;

(7) Hotel or motel;

(8) Funeral home;

(9) Reserved;

(10) Office building and related professional, administrative, corporate, financial and service office uses;

(11) Municipal buildings and facilities owned by the city or other public entity, including, but not limited to, City Hall, police and fire stations, library, public recreation, auditorium, community or neighborhood center, water wells, lift stations, or open space;

(12) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings, subject to a minimum net lot area of three acres;

(13) Any of the following educational or cultural uses:

(a) Art gallery;

(b) Assembly hall for non-profit corporation;

(d) Library;

(e) Museum;

(f) School for instruction in dance or music;

(g) Public or private school or college without dormitory facilities; and

(h) Theater for motion pictures or stage performances.

(14) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings;

(15) Day care center;

(16) Off-street parking lot: subject to the requirements set forth in this chapter and all other applicable city regulations;

(17) Accessory buildings, structures, storage containers outside the building for temporary holding of merchandise, and uses customarily incidental to the uses listed in this section when located on the same lot;

(18) Accessory storage units for merchandise providing completely enclosed storage;

(19) Property owners’ association green space, meeting or recreation facility;

(20) Carports. Permitted in the rear yard subject to existing easements; accessory and non- accessory signs: subject to city sign regulations;

(21) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements; and

(22) On-premises residential quarters for a maintenance or security person and his or her family.

(D) Uses subject to review. The following uses may be permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:

(1) Veterinary clinic/hospital or kennel with outside runs;

(2) Open air market, swap meet or flea market, both temporary and permanent;

(3) Construction or farm machinery, heavy truck or manufactured home sales and service with outside display; provided, the location can be shown to be located on, and have direct access to, an arterial street that is a designated state or federal highway;

(4) Eating or drinking establishments as follows:

(a) Nightclub or bar;

(b) Beer tavern;

(c) Use restrictions: no uses listed above shall be located within 300 feet of any school, church, youth center, playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:

1. The nearest property line of such prohibited use (single use, freestanding building or structure); and

2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure);

(5) Bingo parlor or other gaming facility;

(6) Adult entertainment uses as follows:

(a) Adult amusement or entertainment;

(b) Adult bookstore/retail;

(d) Adult motion picture arcade;

(e) Massage establishment, parlor and provider (see also Ch. 119 of this code of ordinances);

(f) Sexual encounter center; and

(g) Development regulations for adult entertainment uses:

1. No use subject to review permits for an adult entertainment use shall be granted for any proposed location that is within a 1,000-foot radius of any other adult entertainment use;

2. No adult entertainment use shall be located within 500 feet of any church; public or private school which offers a compulsory educational curriculum; E-1, E-2, R-F-1, R-F-2, R-F-3, R-F-4, R-MH-1 or R-MH-2 zoning districts; or a public or private park;

3. All required distances shall begin at the property line of the proposed use and be measured to the nearest property line of the school, park, church, residentially zoned area or adult entertainment use;

4. Non-conforming use: any business that is in violation hereof shall be deemed a non-conforming use. Such use shall not in any manner be enlarged, extended, altered or rebuilt; except that, such use may be changed so as to comply with the requirements of this section. Such use is deemed nonconforming until such use shall terminate or come into compliance; and

5. Complying use: in the event that any two or more adult entertainment uses are located within 1,000 feet of each other, the adult entertainment use which shall have first been licensed or continually operated, shall be deemed to be the complying use. The person, firm, corporation or other entity responsible for the operation or management of the adult entertainment use shall have the responsibility of proving, by documented evidence, the date on which such adult entertainment use was first licensed or began continuous operation;

(7) Outside amusement or commercial recreation facility, including amusement park; and

(8) Mini warehouse, including outside fenced storage area for boats and recreational vehicles;

(9) See also §§ 154.090 through 154.104 of this chapter for additional special permit uses.

(E) Development regulations.

(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage requirements should conform to all platted setback and building lines, if greater than this code. They shall, however, comply with the following and all other requirements of this chapter; provided that, in no case shall a main or accessory building be located over a public or private street or utility easement.

(2) Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed, easement or joint use agreement for activities developed within a business complex.

(3) Front yard setback:

(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;

(b) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and

(c) Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.

(4) Side yard setback:

(a) Five feet; provided, a building developed for multiple ownerships with common walls shall be subject to side yard requirements only on the exterior property lines of the building parcel;

(b) Where a building is located on a corner lot:

1. The side yard setback for the property line abutting a state highway: 25 feet or 90 feet from the centerline, whichever is greater;

2. The side yard setback for the property line abutting an arterial street: 25 feet or 75 feet from the centerline, whichever is greater; and

3. The side yard setback for the property line abutting a minor street: 15 feet or 40 feet from centerline, whichever is greater.

(c) Where the side yard abuts a residential zoning district, no building shall be located closer than 15 feet to the side lot line; and

(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building, there shall be a side yard setback of 25 feet.

(5) Rear yard setback:

(a) Main building: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;

(b) Where the rear yard abuts an office, retail, or industrial district: ten feet;

(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.

(6) Minimum lot size, net: 7,000 square feet for a building site. Once constructed, a building may be divided into two or more ownerships or tenancies occupying less than 7,000 square feet in area.

(7) (a) Maximum building height: 35 feet.

(b) Additional height may be granted as a “conditional use” subject to the following considerations:

1. Structures shall be sprinkled throughout including storage and attic spaces;

2. All structures shall meet or exceed current fire codes; and

3. Stand pipe connections shall be made available for all areas of the structures that are above 35 feet.

(8) Double frontage lots: where a lot has double frontage, the property owner shall designate the rear lot line for purposes of constructing a perimeter fence and accessory structures. The designated rear yard shall be subject to the development regulations of this district; provided, however that platted building lines shall take precedence if greater than the requirements of this district.

(9) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.

(10) Landscaping: at least 5% of the land area shall be devoted to landscaping in accordance with the standards set forth in this chapter.

(11) Sight-proof screening and lighting: whenever any use permitted in this district, including parking lot or parking area, is established so as to adjoin the side or rear line of a lot in a residential district, a sight-proof, ornamental screen, not less than six feet in height, shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond the adjoining residential building setback line; provided that, where the front yard is permitted to be used for off-street parking, then the requirements of the off-street parking regulations of this chapter shall apply. In addition, the lighting shall be arranged so that no annoying glare is directed or reflected toward residential property.

(12) Code compliance required with conversion or upgrading of structures:

(a) An existing residential or otherwise non-conforming building or property located within this district may be converted for a permitted use provided the following conditions are met:

1. Conformance with all development regulations of this district is required before issuance of a building permit or certificate of occupancy;

2. Parking, loading and access facilities shall be installed subject to the requirements set forth in this chapter; and

3. The main building and all accessory buildings and structures shall be brought into full compliance with all applicable codes and ordinances of the city.

(b) Non-conforming properties shall be brought into compliance with all city codes, including, but not limited to, parking space and parking lot improvement requirements, landscaping, signage, driveway access, and drainage, as a part of the issuance of a new building or remodeling permit equal to 20% or more of the value of the existing property improvements. All improvements and upgrading permitted within any three-year time span shall be calculated towards activating this requirement.

(2002 Code, § 154.043) (Ord. 486, passed 5-12-2003; Ord. 506, passed 2-9-2004; Ord. 697, passed 7-8-2013; Ord. 760, passed 3-9-2016; Ord. 879, passed 3-8-2021; Ord. 920, passed 8-8-2022; Ord. 923, passed 9-12-2022)

INDUSTRIAL ZONING DISTRICTS

§ 154.060 “I-R” RESTRICTED LIGHT MANUFACTURING AND WAREHOUSE DISTRICT.

(A) General description.

(1) This district is intended for the conduct of low impact manufacturing, warehousing, distribution and office activities and supporting commercial or public uses in areas where little or no nuisance effects are generated. Permitted industrial or manufacturing activities should be compatible with general wholesale and retail business activities, but this district is not considered compatible with residential activities or uses. The permitted industrial uses typically require good access to air and street transportation routes. No manufacturing, assembly, repair, work activity or storage, other than outside sales and display as permitted by this section, should take place outside the confines of an enclosed building.

(2) This district is intended to replace the former “I-1” Restricted Industrial District. All properties formerly classified “I-1” on the Official Zoning Districts Map shall henceforth be classified “I-R” and be subject to the following district regulations.

(B) Permitted uses. Property and buildings shall be used only for the following purposes:

(1) General warehouse, distribution center, bakery or other food preparation, or light manufacturing plant; provided, there shall be no outside storage of materials; no noise, smoke, dust or odor shall be emitted from the structure; and all manufacturing or assembling activity shall take place within the confines of a building;

(2) On-premises residential quarters on an industrial or commercial site for maintenance and security personnel and their families;

(3) Research laboratory;

(4) Appliance and small motor repair shop or similar contractor, excluding outside storage of equipment or supplies;

(5) Mini-warehouse, no outside storage;

(6) Store or shop for retail or discount sales and rental, including auctions; outside display permitted, subject to the following:

(b) Merchandise or material not being actively offered for sale shall not be stored outside a building.

(7) Automotive-related facilities including, but not limited to, the following:

(a) Automobile, light track, and trailer sales, rental, and service, new and used;

(b) Automobile service station;

(d) General automobile repair, excluding auto salvage; and

(e) Boat and recreational vehicle sales.

(8) Eating, drinking and recreation establishments as follows:

(a) Drive-in for food, drink or confection;

(b) Restaurant, café or banquet hall, including the dispensing of beverages composed in whole or in part or alcoholic beverages containing 3.2% or less of alcohol, for consumption on the premises;

(d) Use restrictions: no uses listed above shall be located within 300 feet of any school, church, youth center or playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:

1. The nearest property line of such prohibited use (single use, freestanding building or structure); and

2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure).

(9) Hotel or motel;

(10) Funeral home;

(11) Veterinary clinic/hospital; provided, there are no outside runs;

(12) Office building and related professional, administrative, corporate, financial and service office uses;

(13) Municipal buildings and facilities owned by the city or other public entity, including, but not limited to, City Hall, police and fire stations, library, public recreation, auditorium, community or neighborhood center, water wells, lift stations or open space;

(14) Off-street parking lot: subject to the requirements set forth in this chapter and all applicable city codes;

(15) Any of the following educational or cultural uses:

(a) Art gallery;

(b) Assembly hall for non-profit corporation;

(d) Library;

(e) Museum;

(f) School for instruction in dance or music;

(g) Public or private school or college without dormitory facilities; and

(h) Theater for motion pictures or stage performances.

(16) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings;

(17) Day care center;

(18) Recreational uses, including, but not limited to, bowling alley, skating rink, tennis court, gymnasium, health club facility;

(19) Carports. Permitted in the rear yard subject to existing easements;

(20) Accessory buildings, structures, storage containers outside the building for temporary holding of merchandise, and uses customarily incidental to the uses listed in this section when located on the same lot;

(21) Accessory and non-accessory signs: subject to city sign regulations;

(22) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements; and

(23) On-premise residential quarters for a maintenance or security person and his or her family.

(24) Commercial marijuana growing facilities. Commercial marijuana growing facilities are hereby allowed within the corporate limits of the city under the following conditions:

(a) The facility must acquire a business license from the City Clerk. The license for

a commercial growing facility shall be $1,500 per year, or other amount as set periodically by Council resolution. This fee shall be used to offset municipal expenses covering costs related to licensing, inspection, and enforcement of regulations for commercial marijuana growing facilities. The license provide for herein shall run from July 1 to June 30 and the same will not be prorated for any license obtained after July 1 of any year.

(b) Location restrictions on commercial marijuana growing facilities.

1. A commercial marijuana growing facilities license will not be granted to any applicant where the proposed location would be located within 1,000 feet from any entrance of the proposed permitted location to any entrance of the following property location, including streets and alleys:

a. A private or public preschool, elementary, secondary, vocational or trade school, college or university;

b. In the event of an amendment or modification of current state law, either as to the number of feet or the manner in which the footage is measured. This division shall be likewise automatically amended to comply with state statutes.

c. The footage set forth herein shall supersede any footage restrictions in any other ordinance of the city.

2. The facility must be located only in the "I-R " Restricted Light Manufacturing and Warehouse District zoned area and shall be in an enclosed structure.

3. The facility shall have a chain link security fence at least six-feet in height with three strand barbed wire at the top and with limited access. The gates to the secure area must be locked at all times.

4. The facility must be constructed in such a manner that the growing of the marijuana plants cannot be seen by the public from a public right-of-way.

5. The growing area including any lighting, plumbing or electrical components used shall comply with all municipal building and fire codes. The growing area must be properly ventilated so as not to create humidity, mold or other related problems.

6. The applicant shall provide the city with site plans and security plans with the

application.

7. Growing marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor or vibration that is detrimental to public health, safety or welfare or interferes with the reasonable enjoyment of life and property.

8. Any violation of this section may result in the revocation of the commercial marijuana growing facilities license for a period of up to two years from the date of revocation. Determination of violations that result in revocation shall be made by the City Manager or his/her designee.

(D) Uses subject to review. The following uses may be permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:

(1) Mini-warehouse, including outside fenced storage area for boats and recreational vehicles;

(2) Construction or farm machinery or heavy truck sales, rental and service with outside display of vehicles offered for sale;

(3) Off-street parking or storage of trucks, tractors, trailers, construction equipment or any other equipment used off-site;

(4) Eating or drinking establishments as follows:

(a) Nightclub or bar;

(b) Beer tavern;

(c) Restaurant, café or banquet hall, which includes the dispensing of beverages composed in whole or in part containing more than 3.2% of alcohol, for consumption on the premises;

1. The nearest property line of such prohibited use (single use, freestanding building or structure; and

2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure).

(e) Flea market or outdoor swap meet; and

(f) Outside amusement or commercial recreation facility, including amusement park.

(5) Bingo parlor or other gaming facility; and

(6) See also §§ 154.090 through 154.103 of this chapter for additional special permit uses.

(E) Development regulations.

(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage requirements should conform to all platted setback and building lines, if greater than this code. They shall, however, comply with the following and all other requirements of this chapter, provided that in no case shall a main or accessory building be located over a public or private street or utility easement.

(3) Front yard setback:

(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;

(b) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and

(c) Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.

(4) Side yard setback: five feet; provided:

(a) A building developed for multiple ownerships with common walls shall be subject to side yard requirements only on the exterior property lines of the building parcel;

(b) Where a building is located on a corner lot:

1. The side yard setback for the property line abutting a state highway: 25 feet or 90 feet from the centerline, whichever is greater;

2. The side yard setback for the property line abutting an arterial street: 25 feet or 75 feet from the centerline, whichever is greater; and

3. The side yard setback for the property line abutting a minor street: 15 feet or 40 feet from centerline, whichever is greater.

(c) Where the side yard abuts a residential zoning district, no building shall be located closer than 15 feet to the side lot line; and

(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.

(5) Rear yard setback:

(a) Main building: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;

(b) Where the rear yard abuts an office, retell, or industrial district: ten feet;

(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a rear yard setback of 25 feet.

(6) Minimum lot size, net: 7,000 square feet for a building site. Once constructed, a building may be divided into two or more ownerships or tenancies occupying less than 7,000 square feet in area.

(7) (a) Maximum building height: 35 feet.

(b) Additional height may be granted as a “use permitted on review” subject to the following considerations:

1. Structures shall be sprinkled throughout including storage and attic spaces;

2. All structures shall meet or exceed current fire codes; and

3. Stand pipe connections shall be made available for all areas of the structures that are above 35 feet.

(8) Double frontage lots: where a lot has double frontage, the property owner shall designate the rear lot line for purposes of constructing a perimeter fence and accessory structures. The designated rear yard shall be subject to the development regulations of this district; provided, however, that, platted building lines shall take precedence if greater than the requirements of this district.

(9) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.

(10) Landscaping: at least 5% of the land area shall be devoted to landscaping in accordance with the standards set forth in this chapter.

(11) Sight-proof screening and lighting: whenever any use permitted in this district, including parking lot or parking area, is established so as to adjoin the side or rear line of a lot in a residential district, a sight-proof screen, not less than six feet in height, shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond the adjoining residential building setback line; provided that, where the front yard is permitted to be used for off-street parking, then the requirements of the off-street parking regulations of this chapter shall apply. In addition, the lighting shall be arranged so that no annoying glare is directed or reflected toward residential property.

(12) Code compliance required with conversion or upgrading of structures:

(a) An existing residential or otherwise non-conforming building or property located within this district may be converted for a permitted use provided the following conditions are met:

1. Conformance with all development regulations of this district is required before issuance of a building permit or certificate of occupancy;

2. Parking, loading and access facilities shall be installed subject to the requirements set forth in this chapter; and

3. The main building and all accessory buildings and structures shall be brought into full compliance with all applicable codes and ordinances of the city.

(b) Non-conforming properties shall be brought into compliance with all city codes, including, but not limited to, parking space and parking lot improvement requirements, landscaping, signage, driveway access and drainage, as a part of the issuance of a new building or remodeling permit equal to 20% or more of the value of the existing property improvements. All improvements and upgrading permitted within any three-year time span shall be calculated towards activating this requirement.

(2002 Code, § 154.055) (Ord. 486, passed 5-12-2003; Ord. 506, passed 2-9-2004; Ord. 697, passed 7-8-2013; Ord. 857, passed 4-13-2020)

§ 154.061 “I-M-1” MODERATE INDUSTRY DISTRICT.

(A) General description.

(1) This district is intended for the conduct of light manufacturing, assembling and fabrication, and for warehousing, wholesale and service uses that generate relatively low levels of noise, odor, smoke, dust or intense light. The industrial uses permitted may require good access to air, rail or street transportation routes, but do not depend heavily on frequent personal visits of customers or clients. Provision is made for outdoor operations and storage. General commercial and office activity is also permitted, but residential uses are not provided for in this district.

(2) This is a new zoning district effective 5-12-2003.

(B) Permitted uses. All activity shall take place within an enclosed building, except as permitted in this chapter. Property and buildings shall be used only for the following purposes:

(1) General warehouse, distribution center, bakery or other food preparation, or manufacturing plant; provided that all manufacturing or assembling activity shall take place within the confines of a building and any smoke, dust or odor generated by from the activity is confined to the premises;

(2) Outdoor storage of raw material and products; provided, storage areas are separated by sight- proof screening a minimum of six feet in height from abutting streets or properties not classified I-R or I-H-2;

(3) On-premises residential quarters for maintenance or security personnel and families;

(4) Off-street parking or storage of trucks, tractors, trailers, construction equipment or any other equipment used off-site;

(5) Research laboratory;

(6) Mini-warehouse, including outside fenced storage area for boats, travel trailers, and recreational vehicles;

(7) Recycling, collection and processing facility;

(8) Electrical repair shop, machine shop or similar contractor;

(9) Automotive-related facilities including, but not limited to, the following:

(a) Automobile, light truck, and trailer sales, rental and service, new and used;

(b) Automobile service station;

(d) General automobile repair, excluding auto salvage; and

(e) Boat and recreational vehicle sales.

(10) Store or shop for retail, discount or wholesale sales, service or rental;

(11) Outside sales and display, subject to the following:

(b) Merchandise or material not being actively offered for sale shall not be stored outside a building without being screened.

(12) Veterinary clinic/hospital, provided there are no outside runs within 100 feet of a residentially zoned property;

(13) Eating, drinking, and recreation establishments as follows:

(a) Drive-in for food, drink or confection;

(b) Restaurant, café or banquet hall, including the dispensing of beverages composed in whole or in part of alcoholic beverages containing 3.2% or less of alcohol, for consumption on the premises;

(d) Use restrictions: No uses listed above shall be located within 300 feet of any school, church, youth center or playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:

1. The nearest property line of such prohibited use (single use, freestanding building or structure); and

2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure).

(14) Hotel or motel;

(15) Funeral home and/or cremating facility;

(16) Office building and related professional, administrative, corporate, financial and service office uses;

(17) Municipal buildings and facilities owned by the city or other public entity, including, but not limited to, City Hall, police and fire stations, library, public recreation, auditorium, community or neighborhood center, water wells, lift stations or open space;

(18) Recreational uses, including, but not limited to, bowling alley, skating rink, tennis court, gymnasium, health club facility;

(19) Accessory buildings, structures, and uses customarily incidental to the uses listed in this section when located on the same lot;

(20) Off-street parking lot. Subject to the requirements set forth in this chapter and all applicable city codes;

(21) Any of the following educational or cultural uses:

(a) Art gallery;

(b) Assembly hall for non-profit corporation;

(d) Library;

(e) Museum;

(f) School for instruction in dance or music;

(g) Public or private school or college without dormitory facilities; and

(h) Theater for motion pictures or stage performances.

(22) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings;

(23) Day care center;

(24) Carports. Permitted in the rear yard subject to existing easements;

(25) Accessory and non-accessory signs: subject to city sign regulations;

(26) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements; and

(27) On-premise residential quarters for a maintenance or security person and his or her family.

(C) Conditional uses. Construction or farm machinery or heavy truck sales and service with outside display of vehicles offered for sale, direct access to state highway required.

(D) Uses subject to review. The following uses may be permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:

(1) Aboveground flammable liquid storage, restricted as follows:

(a) Minimum lot size: two and one-half acres;

(b) Tank location:

1. Unprotected tank: 100 feet from all property lines; and

2. Protected tank (certified by the state’s Fire Marshal): 50 feet from all property lines.

(d) Secondary containment required; and

(e) Site must be surrounded by minimum eight-foot chain link fence;

(2) Eating or drinking establishments as follows:

(a) Nightclub;

(b) Beer tavern;

(c) Restaurant, café or banquet hall, which includes the dispensing of beverages composed in whole or in part containing more than 3.2% of alcohol, for consumption on the premises; and

1. The nearest property line of such prohibited use (single use, freestanding building or structure);

2. The closest exterior wall of the space occupied by the prohibited uses (multiple occupancy building or structure);

(3) Flea market or outdoor swap meet;

(4) Perimeter wall or fence which exceeds the height permitted by city regulations; and

(5) See also §§ 154.090 through 154.103 of this chapter for additional special permit uses.

(E) Development regulations.

(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage require- ments should conform to all platted setback and building lines, if greater than this code. They shall, however, comply with the following and all other requirements of this chapter; provided that, in no case shall a main or accessory building be located over a public or private street or utility easement.

(3) Front yard setback:

(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;

(b) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and

(c) Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.

(4) Side yard setback: five feet; provided:

(a) A building developed for multiple ownerships with common walls shall be subject to side yard requirements only on the exterior property lines of the building parcel;

(b) Where a building is located on a corner lot:

1. The side yard setback for the property line abutting a state highway: 25 feet or 90 feet from the centerline, whichever is greater;

2. The side yard setback for the property line abutting an arterial street: 25 feet or 75 feet from the centerline, whichever is greater; and

3. The side yard setback for the property line abutting a minor street: 15 feet or 40 feet from centerline, whichever is greater.

(c) Where the side yard abuts a residential zoning district, no building shall be located closer than 15 feet to the side lot line; and

(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.

(5) Rear yard setback:

(a) Main building: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;

(b) Where the rear yard abuts an office, retail, or industrial district: ten feet;

(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there hall be a rear yard setback of 25 feet.

(6) Minimum lot size, net: 9,000 square feet for a building site. Once constructed, a building may be divided into two or more ownerships or tenancies occupying less than 9,000 square feet in area.

(7) (a) Maximum building height: 35 feet.

(b) Additional height may be granted as a “use permitted on review” subject to the following considerations:

1. Structures shall be sprinkled throughout including storage and attic spaces;

2. All structures shall meet or exceed current fire codes; and

3. Stand pipe connections shall be made available for all areas of the structures that are above 35 feet.

(9) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.

(10) Landscaping: at least 5% of the land area shall be devoted to landscaping in accordance with the standards set forth in this chapter.

(11) Sight-proof screening and lighting.

(12) Outside storage of materials is permitted; provided, areas where any products are stored rather than being actively offered for sale shall be sight-proof screened from view of any abutting street.

(13) Whenever any use permitted in this district, including parking lot or parking area, is established so as to adjoin the side or rear line of a lot in a residential district, a sight-proof, ornamental screen, not less than six feet in height, shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond the adjoining residential building setback line; provided that, where the front yard is permitted to be used for off-street parking, then the requirements of the off-street parking regulations of this chapter shall apply. In addition, the lighting shall be arranged so that no annoying glare is directed or reflected toward residential properly.

(14) Code compliance required with conversion or upgrading of structures:

(a) An existing residential or otherwise non-conforming building or property located within this district may be converted for a permitted use; provided, the following conditions are met:

1. Conformance with all development regulations of this district is required before issuance of a building permit or certificate of occupancy;

2. Parking, loading and access facilities shall be installed subject to the requirements set forth in this chapter; and

3. The main building and all accessory buildings and structures shall be brought into full compliance with all applicable codes and ordinances of the city.

(b) Non-conforming properties shall be brought into compliance with all city codes, including, but not limited to, parking space and parking lot improvement requirements, landscaping, signage, driveway access and drainage, as a part of the issuance of a new building or remodeling permit equal to 20% or more of the value of the existing property improvements. All improvements and upgrading permitted within any three-year time span shall be calculated towards activating this requirement.

(2002 Code, § 154.056) (Ord. 486, passed 5-12-2003; Ord. 506, passed 2-9-2004; Ord. 697, passed 7-8-2013)

§ 154.062 “I-H-2” HEAVY INDUSTRY DISTRICT.

(A) General description.

(1) This district is intended to provide locations for those industrial uses which may generate relatively high levels of noise, vibrations, smoke, dust, odor or light. For this reason, they should be located downwind and as far away as possible from residential and most commercial uses.

(2) This district is intended to replace the former “I-2” Heavy Industrial District. All properties formerly classified “I-2” on the Official Zoning Districts Map shall henceforth be classified “I-H-2” and be subject to the following district regulations.

(B) Permitted uses. Except as may be specifically restricted in this chapter and section, property and buildings shall be used only for the following purposes:

(1) General warehouse, distribution center, bakery or other food preparation, or general manufacturing plant, except as specified below as uses subject to review;

(2) Construction or farm machinery or heavy truck manufacturing, sales, rental and service with outside display of vehicles offered for sale;

(3) Outdoor storage of raw material and products; provided, storage areas are separated by sight-proof screening a minimum of six feet in height from properties not classified I-1 or I-H-2 that have a common property line to the side or rear;

(4) On-premises residential quarters for maintenance or security personnel and families;

(5) Off-street parking or storage of trucks, tractors, trailers, construction equipment or any other equipment used off-site;

(6) Research laboratory;

(7) Mini-warehouse, including outside fenced storage area for boats, travel trailers and recreational vehicles;

(8) Recycling, collection and processing facility;

(9) Electrical repair shop, machine shop or similar contractor;

(10) Automotive-related facilities including, but not limited to, the following:

(a) Automobile, light truck and trailer sales, rental and service, new and used;

(b) Automobile service station;

(d) General automobile repair, excluding auto salvage; and

(e) Boat and recreational vehicle sales.

(11) Store or shop for retail, discount or wholesale sales, service or rental;

(12) Outside sales and display, subject to the following: no merchandise shall be placed on public rights-of-way, required parking spaces, required landscape areas or within a sight triangle; provided, the City Council, after review and recommendation by the Planning Commission, may approve a limited time special community event or merchant promotion that uses public sidewalk or street right-of-way;

(13) Veterinary clinic/hospital; provided, there are no outside runs within 100 feet of a residentially zoned property;

(14) Eating, drinking and recreation establishments as follows:

(a) Drive-in for food, drink or confection;

(b) Restaurant, café or banquet hall, including the dispensing of beverages composed in whole or in part of alcoholic beverages containing 3.2% or less of alcohol, for consumption on the premises;

1. The nearest property line of such prohibited use (single use, freestanding building or structure); and

2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure).

(15) Hotel or motel;

(16) Funeral home and/or cremating facility;

(17) Office building and related professional, administrative, corporate, financial and service office uses;

(18) Municipal buildings and facilities owned by the city or other public entity, including, but not limited to, City Hall, police and fire stations, library, public recreation, auditorium, community or neighborhood center, water wells, lift stations or open space;

(19) Recreational uses, including, but not limited to, bowling alley, skating rink, tennis court, gymnasium-health club facility;

(20) Accessory buildings, structures and uses customarily incidental to the uses listed in this section when located on the same lot;

(21) Off-street parking lot: subject to the requirements set forth in this chapter and all applicable city codes;

(22) Any of the following educational or cultural uses:

(a) Art gallery;

(b) Assembly hall for non-profit corporation;

(d) Library;

(e) Museum;

(f) School for instruction in dance or music;

(g) Public or private school or college without dormitory facilities; and

(h) Theater for motion pictures or stage performances.

(23) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings;

(24) Day care center;

(25) Carports. Permitted in the rear yard subject to existing easements;

(26) Accessory and non-accessory signs: subject to city sign regulations;

(27) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements; and

(28) On-premises residential quarters for a maintenance or security person and his or her family.

(C) Conditional uses. Sale barn or livestock auction; provided that, no such facility may be located closer than 250 feet to a residentially zoned property.

(D) Uses subject to review. The following uses may be permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:

(1) Power generating station;

(2) Petroleum products manufacture or storage;

(3) Portland cement concrete or asphalt batch plant;

(4) Salvage yard;

(5) Stockyards, loading pens, sale barns, feed lots and yards;

(6) Eating or drinking establishments as follows:

(a) Nightclub or bar;

(b) Beer tavern;

(c) Restaurant, café or banquet hall, which includes the dispensing of beverages composed in whole or in part containing more than 3.2% of alcohol, for consumption on the premises; and

1. The nearest property line of such prohibited use (single use, freestanding building or structure); or

2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure).

(7) Flea market or outdoor swap meet;

(8) Outside amusement or commercial recreation facility, including amusement park;

(9) Bingo parlor or other gaming facility; and

(10) See also §§ 154.090 through 154.103 of this chapter for additional special permit uses.