SEC. 16-165.  SPECIAL REQUIREMENTS SPECIFIC TO C-M, BRP, M-L, M-1, AND M-2.
   The purpose of this section is to provide regulations specific to the respective industrial zoning categories as follows.
   (A)   C-M Zone.
      (1)   Open storage of materials and equipment shall be permitted in a C-M Zone only when incidental to the use of an office, store, or manufacturing building located on the front portion of the same lot, and provided that:
         (a)   Storage is located on the rear one-half of the lot and is confined to an area not to exceed 3,000 square feet;
         (b)   Storage is completely enclosed by a solid wall or fence with necessary solid gates, not less than six feet in height; and
         (c)   No material is stored to a height greater than that of the wall or fence enclosing the storage area.
      (2)   Commercial and light manufacturing lots created after January 1, 1974, shall have a minimum area of 10,000 square feet.
      (3)   Every building in a C-M Zone shall be so constructed, machinery and equipment shall be so installed and maintained, and activities shall be so conducted, that all noise, vibrations, dust, odor, and other objectionable factors shall be confined or reduced to the extent that no annoyance or injury will result to persons residing in the vicinity. Whenever there is any difficulty in determining the application of these provisions to any specific case, the building official shall make such determination.
      (4)   Minimum zoning district size composed of contiguous lots, exclusive of streets shall be 20 acres.
      (5)   Setbacks.
         (a)   Front. Lots in the C-M Zone having frontage on one side of the street between two intersecting streets need no front yard. If a lot having frontage on one side of the street between two intersecting streets is located in the C-M Zone and R Zone, the front yard requirement for the R Zone shall apply to the C-M Zone. If a front yard is required in the C-M Zone, the yard shall be landscaped and maintained, except for approved driveways and walkways and no parking shall be permitted in this area.
         (b)   Side. If a lot in a C-M Zone abuts upon the side of a lot in an R Zone, there shall be a side yard of not less than ten feet. If a reversed comer lot rears upon a lot in an R Zone, the side yard on the street side of the reversed comer lot shall be not less than 50% of the front yard required on the lots in the rear of such corner lot. In all other cases, a side yard for a C-M building shall not be required. If a street side yard is required in the case of a reversed comer lot, the area shall be landscaped and maintained except for approved driveways and walkways and no parking shall be permitted in this area.
   (B)   BRP zone.
      (1)   Architectural design standards.
         (a)   Metal buildings shall not be permitted.
         (b)   A minimum of two types of building texture or materials, exclusive of window glazing and frames, shall be provided on all building elevations having exposure to public streets or residential areas.
         (c)   All roof structure and mechanical equipment shall be completely screened from abutting public roadways and residential areas. Screening elements shall be integrated with the main structural and architectural features of the structure.
      (2)   Site design standards.
         (a)   No parking areas shall be permitted within 20 feet of any residential zone.
         (b)   The minimum dimension of the landscape area along any street shall be 30 feet. An average of 30 feet may be approved with approval of a DDR.
         (c)   All activities shall be conducted within a building except as otherwise permitted by a special use permit.
      (3)   Landscaping. All landscaping shall be installed and maintained in accordance with the requirements of this chapter. Vegetation sizes and types shall be in accordance with the adopted guidelines for commercial and industrial projects. In addition to these requirements, the following shall apply.
         (a)   All parking areas shall be screened from public streets by a minimum 36-inch high landscape berm or a combination of a 36-inch high wall and landscaping.
         (b)   All backflow prevention systems shall be screened by landscaping.
         (c)   A minimum of 15% of the lot area shall be landscaped in addition to any required parking lot landscaping.
      (4)   Utility service and structure.
         (a)   Where required by the code, all off-site utility service shall be placed underground. All on-site utility service shall be placed underground.
         (b)   All aboveground utility structures shall be screened on all sides by landscaping or a structural element which matches the architectural features of the primary structure.
      (5)   Walls and fences.
         (a)   A minimum six-foot high wall shall be required where any BRP Zone directly abuts a residential zone. Such a wall may be required on a residential property line where a BRP Zone lies across a public roadway from a residential zone.
         (b)   Where required or provided, walls and fences shall be finished in textures and/or colors to match architectural features of the primary structure. Landscaping shall abut any exterior building wall where there is no penetration for loading or building entry.
      (6)   Parking and access.
         (a)   The quantity and size of vehicle parking spaces and the provision of on-site circulation for uses in the BRP Zone shall be in accordance with this chapter.
         (b)   Curb cuts and site access shall be in accordance with adopted standards.
         (c)   Parking for marked service vehicles related to the on-site uses shall be provided in addition to and exclusive of required employee parking.
      (7)   On-site advertising signs. The placement and size of building and monument signs shall be in accordance with this code. Where freestanding signs are permitted by this code, a monument sign of no more than six feet in height shall be allowed.
      (8)   Lighting. All on-site lighting systems shall use architectural standards and devices that provide down-lighting and lighting that is shielded from abutting public streets, residential areas, or adjoining properties.
      (9)   Refuse enclosures and containment.
         (a)   All uses on individual lots shall provide refuse containers and enclosures in accordance with adopted public works department standards. All solid masonry or concrete enclosures shall be finished in textures and/or colors to match the major architectural features of the primary structure.
         (b)   The storage of combustible materials shall not occur within 20 feet of any lot line and shall be separate from the storage of normal refuse.
         (c)   Access to such storage areas shall be subject to the approval of the fire department.
         (d)   All refuse containment areas shall be maintained in a sanitary manner and enclosures and gates shall be maintained in good condition.
      (10)   Loading and outdoor storage areas.
         (a)   Loading spaces shall be provided in accordance with this chapter.
         (b)   Where entries or docks are provided exclusively for loading and unloading purposes, such loading dock areas, ramps, and entries shall be screened from any public roadway or residential area by a solid wall or fence, and landscaping. Such wall or fence shall not be less than eight feet in height.
         (c)   Where permitted, outdoor storage areas shall be enclosed by a solid wall or fence, and landscaping of not less than eight feet in height.
         (d)   Solid screening and enclosure walls or fences shall be constructed of materials, textures, and colors to match or compliment the architectural features of the primary structure.
         (e)   All loading areas or spaces shall be a minimum of 50 feet from any residential zone.
         (f)   Prior to the issuance of building permits for buildings or structures for uses which do not require a special use permit or other zoning permit as required by this chapter, an administrative permit for development design review shall be approved by the director pursuant to section 16-525.
   (C)   M-L Zone.
      (1)   Front yard setback.
         (a)   All buildings or structures on property adjacent to a public road shall be set back not less than 20 feet from the property line, or 30 feet when adjacent to designated thoroughfares, minor thoroughfares, or the proposed property line, if future public road dedication is required, whichever is greater.
         (b)   Uses permitted in any required front yard setback area shall be limited to pedestrian walks, vehicular access drives, meter pits, signs, and utility manholes.
      (2)   Side yard setback.
         (a)   Side yards on interior property lines shall be not less than the height of the building, except that minimum side yards of 50 feet shall be required whenever a lot or parcel of land in the M-L Zone abuts a lot or parcel of land in a residential zone, or abuts any alley which separates a M-L Zone from any residential zone. The side yard adjacent to the public street shall meet the front yard setback requirements.
         (b)   A common building wall with a zero setback (except as required in subsection (C)(2)(a) above), may be established by a development plan, which shall provide documentation describing the exchange and recordation of necessary documents to ensure adequate access, parking, and easements to serve the development.
      (3)   Rear yard setback. A rear yard shall be not less than the height of the building, except that a minimum rear yard of 50 feet shall be required whenever a lot or parcel of land in the Limited Manufacturing Zone abuts a lot or parcel in a residential zone or abuts any alley which separates a Limited Manufacturing Zone from any residential zone.
      (4)   Limitations. Uses permitted in any required side or rear setback area shall be limited to signs, landscaping, parking, loading, and recreation.
      (5)   Industrial service centers. Limited commercial services within existing or proposed industrial areas to meet the daily needs of industrial employees within their work area in the restricted amount of time available during the journey to work, breaks, or lunch periods.
         (a)   Location and size. Locational criteria for establishing industrial service centers are as follows:
            1.   Such centers shall not be located within one-half-mile of existing commercial services;
            2.   An industrial service center shall be centrally located in an industrial area, or at a location convenient to industrial employees by means of vehicular and pedestrian traffic from all portions of the industrial area which it is proposed to serve; and
            3.   An industrial service center shall be a minimum of one and a maximum of five acres in size. The total area of all industrial service centers in an industrial area shall not exceed 5% of the designated industrial area unless special circumstances and benefits are shown.
         (b)   Survey.
            1.   An application for an industrial service center shall include an objective market survey of the area shall to determine if there is evidence to support the findings required under subsection (C)(5)(c). The survey shall be conducted by a consultant selected by the director. The applicant shall make a cash deposit in an amount determined by the director. The survey shall be submitted to the special use permit approval body.
            2.   The survey shall address the ability of an existing or proposed industrial area to support an industrial service center.
            3.   A questionnaire shall be prepared and distributed to a cross-section of employees to reflect the needs and desires of the employees of the industrial area where an industrial service center is proposed.
         (c)   Findings. In order to grant a special use permit for an industrial service center, the approval body must find that:
            1.   The proposed services will assist in meeting the daily needs of employees within their work area;
            2.   The proposed services will be subordinate to the primary purpose of the adjacent industrial zone;
            3.   The proposed commercial uses will not conflict with the commercial service uses of neighboring commercial zones; and
            4.   The proposed location of the industrial service center has the necessary industrial improvements to support the center.
      (6)   Walls.
         (a)   The placement, design, and detail of walls shall be included and indicated on any required project plan.
         (b)   A six-foot solid decorative masonry wall or other type of visual buffering such as landscaping, architectural treatment, or a combination thereof, shall be provided and maintained on the boundary of the M-L Zone which abuts or is across a public street or alley from a residential zone. Such wall or visual buffering shall be placed in the location shown on the approved project plan to provide the necessary screening from the public right-of-way.
      (7)   Access. Access to property shall typically be provided from dedicated industrial collector streets 74 feet in width, to provide access from a major thoroughfare or private street. A master circulation plan must be submitted and approved in compliance with adopted city policies. Curb cuts to the property shall be a minimum of 30 feet in width, except as otherwise approved by a master circulation plan, and shall be located in conformance with the adopted city curb cut policies.
      (8)   Landscaping.
         (a)   The landscaping requirements are intended to enhance and conserve property values by encouraging a pleasant and attractive environment.
         (b)   Landscaped areas shall be considered to be areas of lawn, trees, planter boxes, shrubs, or other planted areas. Courtyards, water ponds, fountains, decks, kiosks, walkways, and similar items may be permitted as part of the landscaped area in the discretion of the planning commission.
         (c)   All landscaping shall be provided in accordance with the following standards.
            1.   A landscape plan shall be required.
            2.   The entire required front yard setback shall be landscaped, with the exception of that area provided for vehicles or pedestrian access.
            3.   When the development is either behind or beside a residential zone, or abuts an alley across from residential zone, or abuts developed residential property, there shall be a landscaped area adjacent to that residential or developed property line. The landscaped area shall have a depth of not less than 15 feet. Plant materials used for screening purposes shall consist of compact evergreen plants, together with evergreen trees. They shall be of a kind or used in such a manner so as to provide an opaque screen within 18 months after initial installation.
            4.   All parking lot landscaping shall be in conformance with this code.
      (9)   Underground utilities, lighting, trash enclosures, tanks, transformers, and the like.
         (a)   All trash enclosures, lighting, utility lines, including, but not limited to, electric, communication, street lighting, and cable television, shall be installed in accordance with this code.
         (b)   Appurtenances and associated equipment, including, but not limited to, tanks, air conditioning units, surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets, and concealed ducts in an underground system, may be placed above ground if approved as part of the project plan and provided that such facilities are adequately screened by landscaping or other means.
      (10)   Certificate of occupancy.
         (a)   Application for a certificate of occupancy shall be made for any new use, except for the adult businesses referred to in section 16-337 or expansion of land or buildings permitted in subsection (D)(2). The building official may issue the certificate only after approval of the new buildings and use by the director.
         (b)   Any subsequent modification, change, or changes in the use permitted by a certificate of occupancy shall occur only after the holder of such certificate has obtained an amendment from the building official and director allowing such change or changes.
         (c)   A Certificate of Occupancy for a use of the land in the M-L zone may be revoked by the city council after a public hearing, if the city council finds that the holder of the certificate has failed to comply with the approved special use permit.
   (D)   M-1 Zone.
      (1)   Industrial service centers may be established pursuant to the provisions of subsection (C)(5).
      (2)   A change or minor expansion of an existing use may not be changed to a permitted use to be located in an existing structure until the Planning and Environmental Services Manager determines that the proposed use is compatible with the zone. All uses shall be subject to the performance standards of this Division. However, this Subsection shall not apply to adult businesses or to the change of an existing use to an adult business to be located in an existing structure.
      (3)   Setback requirements.
         (a)   Front yard setback.
            1.   All buildings or structures on property adjacent to a public road shall be set back not less than 10 feet from the property line, or 30 feet when adjacent to designated thoroughfares, minor thoroughfares, or the proposed property line, if future public road dedication is required, whichever is greater.
            2.   Pedestrian walks, vehicular access drives, meter pits, signs, and utility manholes may be located in any required front yard.
         (b)   Side yard setback.
            1.   No side yard setback shall be required along interior property lines where the abutting zoning is M-1 or M-2. Whenever a lot or parcel of land in the Light Manufacturing Zone abuts a lot or parcel of land in a residential zone or abuts an alley which separates a Light Manufacturing Zone from any residential zone, the setback requirement for the residential zone shall apply. The side yard adjacent to a public street shall meet the front yard setback requirements.
            2.   A common building wall with a zero setback may be established by a project plan which shall provide documentation describing the exchange and recordation of necessary documents to ensure adequate access, parking, and easements to serve the development.
         (c)   Rear yard setback. A rear yard shall be not less than the height of the building, except that a minimum rear yard of 30 feet shall be required whenever a lot or parcel of land in the Light Manufacturing Zone abuts a lot or parcel in a residential zone or abuts an alley which separates a Light Manufacturing Zone from any residential zone.
         (d)   Uses permitted in required setback areas. Uses permitted in any required front setback area shall be limited to signs and landscaping. Uses permitted in any other required setback area shall be limited to signs, parking, landscaping, recreational, loading, and outside storage uses, where such storage is adequately screened and approved by a special use permit.
      (4)   Walls.
         (a)   The placement, design, and detail of walls shall be included and indicated on any required project plan.
         (b)   A six-foot solid decorative masonry wall or other type of visual buffering, such as landscaping, architectural treatment, or combination thereof, shall be provided and maintained on the boundary of the Light Manufacturing Zone which abuts or is across a public street or alley from a residential zone. On the front or side front portion of the property, the wall or visual buffering shall be placed in a location as shown on the approved project plan to provide the necessary screening from the public right-of-way.
      (5)   Access.
         (a)   Access to property shall typically be provided from dedicated industrial collector streets 74 feet in width, to provide access from a major thoroughfare or private street. A master circulation plan must be submitted and approved in compliance with adopted city policies.
         (b)   Curb cuts to the property shall be a minimum of 30 feet in width, except as otherwise  approved by a master circulation plan, and shall be located in conformance with the adopted city curb cut policies.
      (6)   Landscaping.
         (a)   The purpose of the landscaping requirements shall be to enhance, conserve, and stabilize property values by encouraging a pleasant and attractive environment. Landscaped areas shall be considered those areas of lawn, trees, planter boxes, shrubs, or other plants. Courtyards, water ponds, fountains, decks, kiosks, walkways, and similar areas may be permitted as part of the landscaped area in the discretion of the planning commission.
         (b)   All landscaping shall be provided in accordance with the following standards.
            1.   A landscape plan shall be required.
            2.   The entire front yard setback shall be landscaped, with the exception of that area provided for vehicle or pedestrian access.
            3.   When the industrial development is either behind or beside a residential zone, or where the Light Manufacturing Zone abuts an alley or developed property, there shall be a landscaped area adjacent to that residential or developed property line. The landscaped area shall have a depth of not less than ten feet. Plant materials used for the screen shall consist of compact evergreen plants, together with evergreen trees. They shall be of a kind or used in such a manner so as to provide an opaque screen within 18 months after initial installation.
      (7)   Underground utilities, lighting, and trash enclosures.
         (a)   All trash enclosures, on-site lighting, and utility lines, including, but not limited to, electric, communication, street lighting, and cable television, shall be installed in accordance with this code.
         (b)   Appurtenances and associated equipment, including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets, and concealed ducts in an underground system, may be placed above ground if approved as part of the project plan and provided that such facilities are adequately screened by landscaping or other means.
      (8)   Certificate of occupancy.
         (a)   Application for a certificate of occupancy shall be made for any new use, except the adult businesses referred to in section 16-337 or expansion of land or buildings permitted in subsection (D)(2). The building official may issue the certificate only after approval of the new buildings and uses by the director. Any subsequent modification, change, or changes in the use permitted by a certificate of occupancy shall occur only after the holder of such certificate has obtained an amendment from the building official and director allowing such change or changes.
         (b)   A certificate of occupancy for a use of the land in the M-1 Zone may be revoked by the city council after a public hearing, if the city council finds that the holder of the certificate has failed to comply with the approved special use permit.
   (E)   M-2 Zone.
      (1)   Setback requirements.
         (a)   Front yard setback. Where all the frontage on one side of the street between two intersecting streets is located in an M-2 Zone, no front yard shall be required. Where frontage on one side of the street between two intersecting streets is located in an M-2 Zone and an R Zone, the front yard requirement in the R Zone shall apply to the M-2 Zone.
         (b)   Side yard setback. Where a lot in an M-2 Zone abuts the side of a lot in any R Zone, there shall be a side yard of not less than five feet. In all other cases, a side yard for a commercial or industrial building shall not be required.
         (c)   Rear yard setback. No rear yard shall be required except where an M-2 Zone abuts an R Zone, in which case there shall be a rear yard of not less than 20 feet.
(Ord. No. 2958, 2985)