(A) Intent and purpose. The M3 Planned Industrial District encompasses areas wherein may be located developments and uses permitted in the M1 Light Industrial District and the development and use designated in the commercial districts as may be specifically related to a particular industrial activity or complex. It is the purpose of these regulations to facilitate the establishment of developments and uses in locations appropriate under approved site plans and conditions. The approved plans and conditions shall be consistent with good planning practice and compatible with permitted developments and uses in adjoining districts, so as to protect the general welfare subject to the following exceptions and special provisions.
(B) Generally. A M3 District shall be laid out and developed as a unit according to a plan approved by the Council for the purpose of providing modern industrial areas of integrated design. The uses allowed shall be limited to those contemplated by the original plan or any amendment thereof.
(C) Plan and procedure. Any area may be zoned M3 prior to the submission of plans regarding actual use. Before the district is utilized, however, the person or persons desiring to use and develop the land shall submit a plan to the Commission showing in detail the manner in which the land is to be used, the location, character and appearance of buildings, parking areas, service areas, walks, lighting and other landscaping adjacent to the surrounding property and all other material information. If the Commission reports to the Council that the plan complies with all regulations of this chapter, is in the best interests of the city, will not adversely affect adjacent property values and is consistent with the public interest and purposes of this chapter, then the Council may approve the district and plan, and building and occupancy permits may be issued to carry out the approved plan.
(D) Condition and guarantees. Prior to approving any plan, the Plan Commission may recommend, and the City Council may stipulate, the conditions and restrictions upon the establishments, location, construction, maintenance and operation of the use or uses as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements as specified herein, or as may be from time to time required. In all cases in which a M3 District is approved, the City Council shall require evidence and guarantee as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. All conditions and guarantees must be fully complied with prior to the use or uses being commenced. If the conditions, guarantees or specific condition are not complied with, the use shall be immediately terminated. The City Council may also revoke any use for a failure to comply. In that event, the zoning shall revert to its zoning prior to M3 zoning.
(E) Special condition. All plans approved hereunder shall be subject to the specific condition that if actual construction of buildings is not begun and thereafter actively pursued within two years of the date of approval by the City Council, the plans shall no longer be considered approved, provided that the City Council may extend the time periods as it shall deem appropriate. Actual construction of buildings shall require, at minimum, actual work on the components of the building and not mere and preparation and architectural planning.
(F) Amendment. Plans may be amended by the same procedure by which they are originally approved. Any material change in the plan or use must be approved. Notwithstanding anything herein to the contrary, a strictly temporary use or activity otherwise permitted in a M3 District shall not require a plan amendment although not contemplated or set forth in the plan.
(G) Limitations on use. Notwithstanding anything herein to the contrary, the following limitations are placed on use.
(1) No church, library, school or hospital shall be built. No building shall be built or converted for dwelling purposes other than one for a resident watchperson or caretaker employed on the premises where they are employed in that capacity.
(2) Open storage of materials shall be limited to that incidental to the industrial use and shall be surrounded by a concrete or masonry wall of at least six feet in height, if the storage is not fully enclosed within a building and provided that materials shall not be stored higher than the wall.
(3) Outdoor advertising shall be limited to one sign relating to the products, services or name of the establishment and attached to a building in a manner not to extend more than one foot from any facade.
(H) Permitted uses. Medical cannabis cultivation center, provided that the center may not be located within 2,500 feet of the property line of a pre-existing public or private preschool, or elementary or secondary school or day care center, day care home, group day care home, part day child care facility or an area zoned for residential use
(1980 Code, § 29.202) (Ord. 9260, passed 8-4-2014)
Penalty, see § 162.999