1305.05 INDUSTRIAL DISTRICT.
   (a)   Purpose. The purpose of the Industrial District (I) is to:
The purpose of the Industrial District (I-1) is to allow for the development of research and industrial parks, wholesale business, manufacturing and the like while ensuring the health and safety of Westover residents. Industrial districts are intended to be located on major thoroughfares where truck traffic does not disrupt local streets.
   (b)   Permitted Principal, and Conditional Uses.
      See the Permitted Land Use Table (Table 1).
   (c)   Prohibited Uses. The keeping of livestock, dairying, animal and poultry husbandry, is prohibited in this zoning district. (Cross-reference 1302.02(553.1), 1302.02(554.0) and 1303.05.)
   (d)   Lot Provisions.
      (1)   The minimum lot size shall be 6,000 square feet.
      (2)   The minimum lot width shall be 40 feet.
      (3)   Maximum lot coverage 80 percent.
   (e)   Setbacks.
      The following setbacks shall be required for all principal structures.
      (1)   Minimum front setback   25 feet
      (2)   Maximum front setback   35 feet
      (3)   Minimum side setback   25 feet if abutting a residential use, otherwise, 0 feet
      (4)   Minimum rear setback   25 feet if abutting a residential use, otherwise, 0 feet.
   The minimum setback for accessory structures on a lot shall be ten (10) feet from the rear property line and ten (10) feet from each side property line. No accessory structures are permitted within the front setback.
   (f)   Encroachment into Setbacks. Architectural features may project into a required setback as provided below:
      (1)   Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters or other similar features may extend into a setback a distance not exceeding three (3) feet, except that such features shall not extend closer than three (3) feet from the property line.
      (2)   Uncovered stairs, landings and porches shall not extend closer than three (3) feet from the property line.
      (3)   Open and covered, but un-enclosed front porches attached to single family dwellings may extend into the required front setback a distance equal to fifty (50) percent of the setback depth. Such porches may not subsequently be enclosed unless the normal setback requirements for the district are met. No permitted encroachment noted above shall extend to within three (3) feet of an accessory structure.
   Fences, walls, terraces, steps or other similar features may encroach into a required setback. Such appurtenances shall not be located within access, drainage, or utility easements.
   HVAC mechanical units may be located no closer than five (5) feet to a side lot line.
   Parking shall be permitted in the front setback only on approved driveways constructed to the appropriate engineering standards and Building Codes approved by the City Building Inspector or Mayor and arranged so that no part of any vehicle parked on the driveway encroaches into the right-of-way of any street.
   (g)   Building Height.
      (1)   The maximum height of a principal structure shall not exceed fifty-five (55) feet.
      (2)   The maximum height of an accessory structure shall not exceed eighteen (18) feet.
      (3)   On a lot where terraces exist, the height of the building located thereon may be increased above the height limitations of the district a distance equal to the height of the terrace above the curb, provided that the depth of the front yard is not less than the height of the terrace above the curb.
      (4)   Chimneys, cooling towers, elevator bulkheads, fire towers, stacks, tanks, water towers, transmission towers or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
   (h)   Performance Standards. An Industrial Use is one which requires both buildings and open area for manufacturing, fabricating, processing, extraction, heaving, repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes, and provided the use conforms to the following performance standards:
      (1)   Smoke. No smoke is emitted of a density greater than No. 2 according to the Ringlemanns Scale, except that smoke of a greater density shall be permitted for a period not in excess of six minutes in any one hour.
      (2)   Fly Ash. No particles from any flue or smokestack shall exceed 0.3 grains per cubic foot of flue gas at a stack temperature of 500 degrees Fahrenheit.
      (3)   Dust. No dust of any kind produced by the industrial operations shall be permitted to escape beyond the limits of the property being used.
      (4)   Odor. No noxious odor of any kind shall be permitted to extend beyond the lot lines.
      (5)   Gases and Fumes. No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.
      (6)   Glare. No glare shall be seen from any street or any residential area.
      (7)   Vibration. No intense earth shaking vibration shall be created or maintained by any industry beyond the property on which it is located.
      (8)   Noise and Sound. A maximum of 70 decibels at the property line is permitted. Noise is required to be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness. Sound may equal but not exceed street traffic noise in the vicinity during a normal day shift work period.
   (i)   Parking. See Article 1308.
   (j)   Provisions and Exceptions to Industrial Uses. Chimneys, cooling towers, elevator bulkheads, fire towers, tanks, water towers, transmission towers, or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
   (k)   Supplemental Regulations.
      (1)   Notwithstanding any other provisions of this Zoning Ordinance, construction and maintenance, or any addition thereto, of any equipment or buildings for the cleaning and loading of coal, ores of any type, sand or limestone or any materials deemed offensive by the Improvement Location Permit and Certificate of Occupancy Committee shall not be permitted in industrial areas.
      (2)   Accessory buildings are permitted in all districts, but not prior to the erection of the principal building.
      (3)   No accessory building, other than a garage, shall be located closer to a side lot line than five feet nor exceed eighteen feet in height and shall be set back from the front line forty feet; garages must be located at least fifteen feet from front lot line.
      (4)   Accessory uses such as walks, driveways, curbs, retaining walls, mailboxes, lamp posts, birdbaths and structures of like nature are permitted in any required front, side or rear yard. Fences, hedges or enclosure walls may be permitted provided:
         A.   That a solid fence or enclosure wall shall not exceed a height of six feet.
         B.   That an ornamental fence exceeding six feet in height shall have a ratio of solid portion to open portion not in excess of one to four.
         C.   That any fence, hedge or enclosure wall on a corner lot and situated within fifteen feet of the intersection of two street lines shall not exceed a height three feet above the curb.
      (5)   No part of any accessory building shall be used for residential purposes, except that quarters for bona fide servants employed by the occupants of the dwelling on the same lot and one guesthouse without cooking facilities on lots containing not less than 10,000 square feet are permitted.
         (Ord. 318. Passed 2-4-08; Ord. 511. Passed 12-20-21.)