§ 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;
         (c)   Car wash, self-service or automatic;
         (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:
         (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 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;
         (c)   Catering facility; and
         (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;
         (c)   Business college or school for vocational training, without dormitory facilities;
         (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.
         (c)   No dispensing for on-site sale; fueling only permitted for vehicles owned by the owner of the tanks;
         (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
         (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);
            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.
      (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: 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;
         (c)   Where the rear yard abuts and agricultural or residential district: 20 feet; and
         (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.
      (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.
      (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)