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    Sec. 35.1-41. Heavy Industrial Districts (I-3).

     

    Sec. 35.1-41. Heavy industrial districts (I-3).
     
    (a) Intent. These districts are intended to provide for industrial and other activities which produce the highest levels of nuisance permitted under federal and state air and water pollution regulations. Generally, the objective of this ordinance is to limit nuisances and any other objectionable characteristics to those which are not discernible beyond the boundary of the district. No use shall be allowed in this district unless listed or defined below as a use permitted by right, as a permitted accessory use or as a use permitted by conditional use permit, provided, however, that any such permitted use existing prior to December 13, 1988, may be enlarged or expanded, but not relocated, so long as it meets all other applicable requirements of this chapter. Any such use shall not be subject to any of the limitations or other regulations prescribed for non-conforming uses elsewhere provided in this chapter.
     
    (b) Uses prohibited. The following uses are prohibited in heavy industrial districts:
     
    (1) Abattoir or slaughterhouse, except for poultry which is incidental to a commercial use permitted by this ordinance.
     
    (2) Acetylene gas manufacture on a commercial scale.
     
    (3) Acid manufacture, such as sulphurous, sulphuric, nitric, picric, hydrochloric or other corrosive or offensive acid manufacture, or their use or storage, except on a limited scale as accessory to a permitted industry.
     
    (4) Asphalt roofing, tar roofing or waterproofing manufacture.
     
    (5) Bleaching powder, ammonia or chlorine manufacture.
     
    (6) Celluloid or pyroxylene manufacture or processing; the manufacture of explosive or highly inflammable cellulose products.
     
    (7) Coal tar manufacture or tar distillation.
     
    (8) Creosote manufacture or creosote treatment.
     
    (9) Distillation of bones.
     
    (10) Fat rendering.
     
    (11) Fertilizer manufacture or the compounding of fertilizers on a commercial scale.
     
    (12) Fireworks or explosives manufacture, nitrating process, the loading of explosives or their storage in bulk.
     
    (13) Fish smoking or curing or processes involving recovery from fish or animal offal.
     
    (14) Gas manufacture, or gas storage in quantity exceeding five hundred thousand (500,000) cubic feet within one hundred (100) feet of any lot line; or in quantity exceeding two hundred (200) cubic feet if the pressure is greater than one hundred (100) pounds per square inch.
     
    (15) Glue or size manufacture.
     
    (16) Horn processing.
     
    (17) Lime, gypsum, plaster or plaster of paris manufacture.
     
    (18) Match manufacturing.
     
    (19) Office uses which are not directly related to an industry.
     
    (20) Petroleum manufacturing.
     
    (21) Potash manufacture.
     
    (22) Residential uses, including those of an institutional nature - institutional residential uses being those associated with churches or religious organizations, schools, hospitals, health or adult care facilities but (1) excluding residences of bona fide caretakers and their families, and (2) any residence constructed prior to and occupied as a residence since December 12, 1978. The limitations of Section 35.1-27, nonconforming uses, notwithstanding, such residences, in the event they are damaged or destroyed due to fire or other unforseen circumstances (but not including neglect), may be rebuilt in their original location with substantially the same height and exterior dimensions, provided that they have frontage on an improved city street and that reconstruction is completed to the point that a new certificate of occupancy is issued within twenty-four (24) months from the date of damage or destruction.
     
    (23) Retail uses, unless specifically permitted under Section 35.1-41(c).
     
    (24) Sanitary or solid waste management facilities, private, except as otherwise permitted under Section 35.1-41(e).
     
    (25) Schools, hospitals, clinics and similar institutions.
     
    (26) Soda, soda ash, caustic soda manufacture.
     
    (27) Starch, glucose and dextrine manufacture.
     
    (28) Turpentine, varnish or shellac manufacture.
     
    (29) Any other use or purpose which will create conditions of smoke, fumes, noise, odors or dust detrimental to the health, safety and general welfare of the community.
     
    (c) Uses permitted by right. The following uses shall be permitted by right in heavy industrial districts subject to the regulations of Section 35.1-14 of this ordinance:
     
    (1) Any manufacturing or industrial use which is not specifically prohibited by Section 35.1-41(b) above, provided, however, that any such prohibited use legally existing at the time of enactment of this chapter shall not be subject to any of the limitations or other regulations prescribed for non-conforming uses elsewhere provided in this ordinance.
     
    (2) Contractor and construction shops and yards.
     
    (3) Retail/wholesale display rooms for sales at industrial establishments of products manufactured on site and other products of the corporation provided the display area does not exceed fifteen (15) percent of the total floor area.
     
    (4) Truck painting and body repair shops.
     
    (5) Wholesale display rooms within industrial establishments as regulated by Section 35.1-40(b)(115).
     
    (d) Permitted accessory uses. Uses not specifically prohibited by subsection (b) above are permitted as accessory uses in heavy industrial districts.
     
    (e) Uses permitted by conditional use permit. The following uses shall be permitted by conditional use permit under the regulations of Section 35.1-15 and Article X of this ordinance:
     
    (1) Automobile service stations.
     
    (2) Circus, carnival or other similar transient enterprise.
     
    (3) Food service facilities incident to one or a group of permitted uses.
     
    (4) Sanitary or solid waste management facility, private - establishment of a new facility.
     
    (5) Uses as determined appropriate by the city council.
     
    (f) Standards. See Section 35.1-39.
     
    (g) Signs. (As provided in Section 35.1-36)
     
    a. The area of the advertising surface erected on any structure shall not be less than one hundred seventy-five (175) square feet nor more than six hundred seventy-five (675) square feet.
     
    b. All other billboards located in this district shall be located no less than five hundred (500) feet apart and shall be subject to the size requirements in paragraph c. above and the illumination requirements in Section 35.1-41, (g) (3), of this ordinance.
     
    c. The spacing provisions cited above shall not apply to billboards separated by buildings or other obstructions in such a manner that only one (1) sign located within the required spacing distance is visible from the road at any one time.
     
    (2) Sign illumination. When any billboard is lighted in this district, such lights shall be enclosed in the sign, shaded or indirect so that the source of illumination is not visible and in no way interferes with the vision of motorists or with neighboring residents. Only white illumination shall be used and no flashing (on-and-off) sign simulating movement shall be permitted. No fluorescent paint or other preparation can be used for high reflection.
     
    (h) Parking requirements. Off-street parking and loading space shall be provided as required in Section 35.1-25; provided, however, the requirements of said section shall not apply in connection with buildings located in the first fire district as described in the city code. (Ord. No. O-80-338, § 1, 11-11-80; Ord. No. O-82-188, § 1, 9-14-82; Ord. No. O-88-323, § 1, 12-13-88; Ord. No. O-89-104, § 1, 5-9-89; Ord. No. O-92-142, 5-12-92; Ord. No. O-98-034, 3-10-98; Ord. No. O-02-011, 1-15-02; Ord. No. O-04-074, 6-22-04; Ord. No. 0-12-138, 12-11-12)
     
    Last updated date: 12/13/2012 3:13:38 PM