§ 166.21 Restricted (Light) Industrial District (M-1)

and DESCRIPTION OF DISTRICT The M-1 District is intended to control the development of lands to be used by industrial firms that have high standards of performance and that can locate in close proximity to business uses, and in locations convenient to residential areas, without creating nuisances. The district regulations are designed to permit the operations of most manufacturing, wholesaling, and warehousing activities with adequate protection to adjacent district uses and sufficient control of external effects to protect one industry from another. Some retail uses are permitted that service the industrial uses within the industrial area or that do not depend upon intensive visits of retail customers. In this district, outdoor storage must be completely screened and all industrial operations must be in an enclosed building.

USES AND STRUCTURES PERMITTED Permitted uses of land or buildings, as hereinafter enumerated, must be permitted in the M-1 Restricted (Light) Industrial District only in accordance with conditions specified. Only those uses specifically listed must be considered permitted uses, and no building or lot may be devoted to any use other than a use permitted hereunder, with the exception of the Permitted Principal Uses and Structures as listed in the following Table M-1, (located at the end of this section).

A. Accessory and temporary buildings or structures are permitted according to the provisions of Section 9.05 and Section 9.21.

B. A retailer or community group as defined in Iowa Code Charter 100, who possesses and complies with all requirements of a consumer fireworks seller license issued by the state fire marshal, may sell consumer fireworks from a temporary structure in this zoning district, but only during the dates and times as allowed under Iowa Code Chapter 100, and provided there is also compliance with the following:

1. For purposes of this section, "temporary structure" means a tent, canopy, stand or similar enclosure that is not permanently affixed to the land, which is not intended for permanent use, and is erected for the sole purpose of retail sales of consumer fireworks.

2. The temporary structure and site plan for the temporary structure and its use must be approved by the City Building Official.

3. Proof of a valid and current license, and any additional requirements which are a part thereof, issued by the state fire marshal, shall be furnished to the City Building Official, with a copy of any application for the license, and any attachments, provided to the state fire marshal.

4. Proof of maintenance of commercial general liability insurance required by Iowa Code Chapter 100 shall be furnished to the City Building Official.

5. Proof of consent by all current owners of the property where the temporary structure will be located, if they are not the owners of the temporary structure, must be furnished to the City Building Official.

6. The use of the temporary structure may not adversely impact the surrounding area and land uses, which must still comply with all city ordinance requirements.

7. The temporary structure and its use must comply with all state laws and regulations and city ordinances, including, but not limited to, Chapter 122 Peddlers, Solicitors and Transient Merchants, as well as National Fire Protection Association Standard 1124 (2006 Edition).

8. The temporary structure must be removed by July 15 of each year.

EXCEPTION USES Special exception uses listed below may be allowed subject to the issuance of special use permits in accordance with the provisions of Section 11.07. Refer to the following Table M-1 for a listing of Special Exception Uses.

Special exception uses may be required to meet more restrictive site and structure provisions if the City Council acting upon the recommendation of the Planning and Zoning Commission, determines that such requirements are necessary to the public health, safety, and general welfare.

REQUIREMENTS The minimum area that may constitute a separate or detached part of the M-1 District on the City of Tiffin Official Zoning Map or subsequent amendments to the Zoning Map must be three (3) acres. However, land zoned in the M-2 zoning district that immediately abuts or is directly across the street from land zoned in the M-1 classification, may be included in the calculation of area meeting the minimum requirements.

The minimum area, setback, density and maximum height, must be as prescribed in the following Table M-1

A. Any lot adjacent to U.S. Highway 6, in any way, must be required to have a 20-foot setback in addition to the minimum yard requirements stated herein, except those properties that are located adjacent to Highway 6 beginning at the east line of Main Street to a point 233 feet, more or less, west of the intersection with Roberts Ferry Road and Highway Six, which must be required to have a 32-foot setback, in addition to the minimum yard requirements state herein.

B. Any lot adjacent to a railroad right-of-way, in any way must be required to have a 50-foot setback in addition to the minimum yard requirement stated herein.

REGULATIONS Signs are permitted according to the provisions of Section 6.

AND OFF-STREET LOADING REGULATIONS Parking must be provided according to the provisions of Section 7.

Exterior lighting is provided according to the provisions of Section 8.

At the time of a building permit application in all industrial zones, the applicant must supply a landscaping plan for review by the Planning and Zoning Commission or the city designee. The landscaping plan must be appropriate to the zone and must be submitted at the time of application for the building permit. The plan is be subject to review and approval of the city.

Industrial zones must provide in their landscaping plans for the placement of no less than one deciduous tree for each acre or less of zoned area. The city review may also request additional landscaping such as shrubs and border vegetation if this should appear to be beneficial and conducive to a more esthetic, attractive and orderly development of the area.

REGULATIONS

A. Residential uses are not permitted within the M-1 District.

B. Fencing and Screening as provided in M-1.13.

STANDARDS

A. Purpose Performance standards regulating industrial development and activity within the City are intended to:

1. Permit industrial land uses to be measured factually and objectively.

2. Ensure that all industries provide methods that protect the community from hazards that are preventable by legitimate processes of control and nuisance elimination.

3. Protect industries from arbitrary exclusion or persecution based solely on subjective determinations of industrial performances made in the past.

B. Applicability Performance standard provisions of this Section must be applicable to any use established in this zoning district in either of the following instances:

1. If any use, building or other structure, established prior to the effective date of this ordinance is extended, enlarged, moved, structurally altered, or reconstructed, the change in building or land use or configuration must be in full compliance with this provision. Uses lawfully established prior to the effective date of this Ordinance, and not being extended, enlarged, moved, structurally altered or reconstructed, must fully comply with applicable industrial performance standards existing at the time of use establishment or at the time of most recent structural alteration.

2. Any use established, any building or structure constructed, or tract of land developed for any permitted, special, or accessory use in this zoning district must comply with all of the performance standards herein set forth.

C. Procedure Showing of Probable Compliance - Uses, buildings, or structures required to comply with this provision must make a showing of probable compliance with these performance standards prior to undertaking any alteration. The showing must be in the form of a letter submitted with the zoning application (or building application if proper industrial zoning already exists) prepared by a professional engineer, licensed by the State of Iowa, certifying that the use, building, or structure complies with all industrial performance standard requirements. The letter must be based on the engineer's personal scrutiny of the site and proposed use or alteration, and must have analytical foundation in accepted engineering principles. In addition, the Planning and Zoning Commission may require the applicant to submit:

1. A plot plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas, bulk storage areas, streets, streams, or other significant features on or within two hundred (200) feet of the proposed site.

2. A description of the activity to be conducted regarding waste products, external effects, or other conditions that are regulated herein; provided, however, that the applicant must not be required to reveal any trade secrets or sufficient detail with regard to a process that would cause any secret process or manufacturing procedure for a closely guarded proprietary compound or product to become public knowledge and be available to competitors.

3. The type and location of abatement devices to control, or recording instruments to measure conformance with required standards, not including devices and instruments that are inherent in the manufacturing process.

4. Such other data and certification as may reasonably be required by the Planning and Zoning Commission to reach a determination.

5. All information and evidence submitted in applications to indicate conformity to performance standards must constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.

D. Administrative Options The Planning and Zoning Commission may approve and authorize the establishment of the use, building, or structure if all pertinent provisions of this Ordinance and other applicable ordinances are complied with. If, however, the Planning and Zoning Commission determines that the proposed use, building, or structure may not comply with performance standards, they may inform the applicant that either more information is necessary or that an independent engineering analysis of the proposed use, building, or structure is required prior to final City Council approval.

E. Need for Independent Engineering Analysis If the Planning and Zoning Commission determines that reason exists to doubt the compliance with any applicable performance standard provision, a state licensed professional engineer of the City’s choosing—but acceptable to the petitioner—may be asked to analyze the prospects of compliance. Costs of such analysis must be paid by the applicant.

F. Use of Independent Engineering Analysis Upon submission of an independent engineering analysis authorized by the City, the Planning and Zoning Commission must authorize establishment of the use, building, or structure if the independent analysis confirms probable compliance with this provision and if all other applicable provisions of this and other City ordinances are satisfied. If, however, the independent engineering analysis indicates that the proposed use, building, or structure is not likely to comply with this provision, then the application must be denied until such time that the proposal is able to comply fully.

G. Appeal of Administrative Determination Action, or a lack of action by the Planning and Zoning Commission, with reference to these performance standards may be appealed to the City of Tiffin Board of Adjustment. In instances when no action has been taken by the Planning and Zoning Commission within 120 days after formal filing of the application, the lack of action may be appealed to the City of Tiffin Board of Adjustment.

H. Continued Enforcement

1. The Planning and Zoning Commission must investigate any purported violation of performance standards. Uses, buildings, or structures lawfully established prior to the effective date of this Ordinance and subject to performance standards existing at that time, may be found to be in violation with those previously applicable standards. Alleged violations may be brought to the City Council’s attention by employees of that office, or by, County, or State law enforcement, health, or environmental employees or officials or citizens. If a violation is alleged, the Planning and Zoning Commission must inform the suspected perpetrator and must initiate an independent engineering analysis consistent with the analysis procedure outlined herein. Administrative determinations made in conjunction with the analysis may be appealed in the same manner heretofore outlined.

2. Revocation of Permits If an alleged violation is determined to be valid by the independent engineering analysis, any permits previously issued in conjunction with the established use, building, or structure are void and the operator must cease operation until the violation is remedied. Failure to cease operation within two days of notice to do so by the City constitutes an aggravated violation of this Ordinance and the penalty provision cited in Section 13 may be imposed.

I. TECHNICAL PROVISIONS

1. Noise

a. To measure the intensity and frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer may be employed. The flat network and the fast meter response of the sound level meter may be used. Sounds of short duration that cannot be measured accurately with the sound level meter, may be measured with the impact noise analyzer. Octave band analyzers calibrated in the preferred frequencies (American Standards Association S1 6-1960, Preferred Frequencies for Acoustical Measurements) must be used with the following tables. The suspected perpetrator will be required to hire at the approval of the City, a consultant to measure, record, and report to the City Council results about compliance with the City Zoning Ordinance. The owner of the use of the suspected noise violation will incur all costs.

b. Maximum Permitted Sound Level Octave Bank Frequency Cycles per Second Decibels 0 through 74 58 75 through 149 54 150 through 299 50 300 through 599 46 600 through 1,199 40 1,200 through 2,399 33 2,400 through 4,799 26 4,800 and over 20

c. Exceptions The following uses and activities must be exempt from the noise level regulations in the M-1 District:

i. Noises not directly under control of the property user.

ii. Noises emanating from construction and maintenance activities between 7:00 A.M. and 10:00 P.M. Such activities are those that are non-routine operations accessory to the primary activities, and that are temporary in nature, or conducted infrequently.

iii. The noises of safety signals, warning devices, and emergency pressure relief valves.

iv. Transient noises of moving sources such as automobiles, trucks, airplanes, and railroads.

v. At no point along the boundary of a residential district or along an adjacent lot must the sound pressure level of any operation or plant exceed the decibel limits in the octave bands designated below

2.. Vibration

a. Any industrial operation or activity that must cause at any time and at any point along the nearest adjacent lot line, earth borne vibrations in excess of the limits set forth in Column I of the following Tables (d) and (e) is prohibited.

b. In addition, any industrial operation or activity that must cause at any time and at any point along a residential district boundary line, earth borne vibrations in excess of the limits set forth in Column II of the following Tables is prohibited.

c. Exceptions: The following uses and activities must be exempt from the vibration level regulations:

i. Vibrations not directly under the control of the property user.

ii. Vibrations emanating from construction and maintenance activities between 7:00 A.M. and 9:00 P.M. Such activities are those that are non-routine operations accessory to the primary activities and that are temporary in nature, or conducted infrequently.

iii. Transient vibrations of moving sources such as automobiles, trucks, airplanes, and railroads.

iv. Vibrations must be expressed as displacement in inches and must be measured with a three-component measuring system approved by the Zoning Administrator.

d. Maximum Permitted Steady-State Vibration Displacement Level I.* II* Frequency Displacement Displacement (Cycles per Second) (Inches) (Inches) 0 through 9 0.0008 0.0004 10 through 19 0.0005 0.0002 20 through 29 0.0003 0.0001 30 through 39 0.0002 0.0001 40 and over 0.0001 0.0001

*Steady-state vibrations, for purposes of this Ordinance, are vibrations that are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses that do not exceed 100 per minute, must be considered impact vibrations, and must not cause in excess of twice the displacement stipulated.

e. Maximum Permitted Impact Vibration Displacement Level: I* II* Frequency Displacement Displacement (Cycles per Second) (Inches) (Inches)_ 0 through 9 0.0016 0.0006 10 through 19 0.0010 0.0003 20 through 29 0.0006 0.0002 30 through 39 0.0004 0.0001 40 and over 0.0002 0.0001

**Impact vibrations, for purposes of this Ordinance, are vibrations that occur in discrete impulses separated by an interval of at least one (1) minute and numbering not more than eight in any 24-hour period.

3. Smoke and Particulate Matter The emission, from all sources within any lot, or particulate matter containing more than 5% by weight of particles having a particle diameter larger than 44) microns is prohibited. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot must be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified herein is prohibited. The emission of smoke or particulate matter of a density or equivalent opacity equal to, or greater than, No. 2 on the Ringelmann Chart is prohibited at all times, except as otherwise provided herein. (The Ringelmann Chart is the chart published by the United States Bureau of Mines).

a. Smoke Emission In the M-1 zone, the emission of more than 12 smoke units per stack in any one hour period is prohibited. However, once during any six hour period each stack must be permitted up to 12 additional units in a 15 minute period for soot blowing and fire cleaning. Only during such 15 minute periods must smoke of a density or equivalent opacity equal to, but not exceeding, Ringelmann No. 3 be permitted, and then only for fire cleaning and for not more than four minutes per period.

b. Particulate Matter The rate of emission of particulate matter from all sources within the boundaries of any lot must not exceed the rate established in the Table below:

c. Maximum Permitted Particulate Mater Emission Rate Height of Emission Pounds Per Hour

(Feet) Per Acre 0 through 49 1.00 50 through 99 1.01 100 through 149 1.06 150 through 199 1.10 200 through 299 1.16 300 through 399 1.30 400 and over 1.50

d. Method of Measurement

i. Smoke – To grade the density or equivalent opacity of emission of smoke, the Ringelmann Chart must be employed. To determine smoke units, the Ringelmann reading must be made at least every minute during the period of observation. Each reading (Ringelmann number) must be multiplied by the time in minutes for which it is observed, and the products added together to determine the total number of smoke units observed during the total period of observation.

ii. Particulate Matter - The total net rate of emission of particulate matter within the boundaries of any lot must be determined as follows: Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the hourly rate of emission in pounds per acre. Add together the individual rate of emission as derived above to obtain the total rate of emission from all sources of emission within the boundaries of the lot. This total must not exceed the rate established in the preceding Table.

4. Odors No continuous, frequent, or repetitive emission of odors or odor-causing substances that would be offensive beyond any property line of any industrial use will be permitted. An odor emitted no more than15 minutes in any one day must not be deemed as continuous, frequent, or repetitive within the meaning of these regulations. The existence of an odor must be presumed when analysis by a competent technician demonstrates that a discernible odor is being emitted. Any process that may involve the creation or emission of any odors must be provided with a primary and a secondary safeguard system so that control will be maintained if the primary safeguard system fails. The rules and regulations of the Iowa Environmental Protection Agency must be complied with.

5. Radiation Hazards The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes must not be allowed in the M-1 District. .

6. Fire and Explosive Hazards

a. The provisions of Iowa Code §§93.143-156 of the must be complied with, and no explosives may be stored, used, or manufactured without first petitioning the City, and the use must receive a certificate of compliance from both the State of Iowa and the Tiffin Fire Association.

b. No gasoline or other inflammables or explosives must be stored unless the location, plans, and construction conform to the laws and regulations of the State of Iowa and have the approval of both the State Division of Fire Prevention of the Department of Public Safety and the Tiffin Fire Association.

7. Glare and Heat Every use and activity must be so operated that it does not emit heat or heated air beyond the boundary of the lot on which it is located. No direct or sky-reflected glare must emanate from any use or activity that is visible at any point on or beyond the boundary of the lot on which such activity is located. This restriction does not apply to signs otherwise permitted by the provisions of the Zoning Ordinance or other applicable ordinances, not to activities of a temporary or of an emergency nature, nor to night lighting necessary for safety and the protection of property.

8. Electromagnetic Interference There must be no electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the Federal Communications Commission.

AND PLAN REVIEW The same provisions under C-1S.12 must apply.

STORAGE AND SCREENING

A. Recycling processing facility, provided:

1. The exterior storage area is no greater than 50% of the size of the ground floor area of the principal structure, or 1,500 square feet, whichever is less; and

2. All unloading and storage of materials, including processed materials, must be conducted within completely enclosed buildings; and

3. Incidental outdoor storage areas, including the storage of empty waste containers and collection vehicles, but not including the outdoor storage of discarded or recyclable materials, must be screened from view of adjacent property located in a residential or commercial zone and from public street, and must not be permitted in any front yard. The screening must meet the requirements of Section 5.07.J.9 of this Chapter; and

4. The exterior storage of full or partially full waste containers must be prohibited; however, collection containers for recyclable materials that are open to the public may be located outdoors, provided containers that are designed to control the spread of litter and debris and that they not be located within a front yard.

B. Truck Terminal Facilities, provided:

1. The exterior storage area is no greater than 50% of the size of the ground floor area of the principal structure, or 1,500 square feet, whichever is less; and

2. All vehicles on the property are in operational condition and are properly licensed as required by State of Federal Law.

3. No vehicle is stored for more than forty-five continuous days on the property.

4. The parking and trailer storage area is surfaced with asphalt or concrete designed and maintained to prevent the flow of water onto adjoining properties.

5. Screening is preserved, planted, constructed, and maintained according to Section M-1.13. Screening must also be provided along any lot lines, which abut any street in a manner sufficient to obscure the truck terminal facility from view, using the screening standards in Section M-1.13.

C. Outdoor storage of discarded tires or appliances, excluding the processing or disassembly of those materials, as an accessory use to a recycling processing facility, provided:

1. The exterior storage area is no greater than 50% of the size of the ground floor area of the principal structure, or 1,500 square feet, whichever is less; and

2. Outdoor storage must be conducted entirely within an enclosed fence, wall or other solid screen. Such solid screen must be constructed in such a manner that no outdoor storage must be visible from an adjacent property, street or highway. Materials must not be piled against the fence or higher than the height of the fence; and

3. The outdoor storage of tires must not be closer than 100 feet to any property line; and

4. Mosquito abatement measures must be incorporated into the design of the outdoor storage area.

D. Outdoor storage of recyclable materials, not including tires or appliances, as an accessory use to a recycling processing facility, provided;

1. The exterior storage area is no greater than 50% of the size of the ground floor area of the principal structure, or 1,500 square feet, whichever is less; and

2. Paper products, cardboard, plastic, and other similar materials must be processed by bailing, palletizing, or other means to control the spread of litter; and

3. Outdoor storage of unprocessed materials must be limited to glass, metal, or other materials that are not easily dispersed by wind, provided they are located in a container or structure designed to control the spread of litter and debris; and

4. Outdoor storage must be limited to those materials that are intended for reuse, remanufacture, or reconstitution, and not for final disposal in a landfill, by incineration, or by other means; and

5. Plans for controlling the spread of litter and debris may be required prior to the approval of the outdoor storage area; and

6. Screening of outdoor storage areas must be provided as required by Section 9 of this Chapter.

E. SCREENING Where a lot occupied by an industrial use abuts or is across a street, roadway, alley or railroad right-of-way from an agricultural, residential, school or recreational area including a park, playground, or Clear Creek, screening must be preserved, planted or constructed and maintained by the owner of the industrial use in accordance with the provisions set forth below.

1. Location:

A. Screening must be provided along lot lines or street right-of-way in a manner sufficient to obscure the industrial use from view at ground level within the lot lines of a residential or school abutting or located across the street from the industrial use.

B. In an industrial zone where parking is located within 60 feet of a residential or other industrial zone boundary, screening must be provided in a location and manner sufficient to obscure all off-street parking and loading, storage or other such areas of activity from view within the lot lines of the residential zone or school.

C. In all instances where street right-of-way, which acts to separate the lots on that the uses are located, is 100 feet or wider, screening must not be required.

2. Screening Materials:

A. Outdoor storage must be conducted entirely within an enclosed fence, wall or other solid screen. Such solid screen must be constructed in such a manner that no outdoor storage must be visible from an adjacent property, street or highway. Materials must not be piled against the fence or higher than the height of the fence.

B. A planting screen of pyramidal arbor vitae, the plantings being at least three feet high when planted and spaced four feet on center, may be used. Other evergreen varieties may be used if approved by and spaced according to the City of Tiffin. The planting bed must have a minimum dimension of five feet, be separated from streets, drives and parking areas by an curb or barrier in such a manner that sand and saltwater runoff will not damage the screening.

C. Where a planting screen cannot be expected to thrive because of intense shade, soil or other conditions, a solid fence of durable construction, and earthen berm covered with grass or low shrubs or other acceptable materials that provide maximum visual obscurity to a height of six feet at maturity may be used if approved by the City.

3. Time of Installation: If a lot proposed for a industrial use is located adjacent to or opposite an existing residential use or subdivision in a residential zone or a school, screening, as required herein, must be installed prior to occupancy or commencement of a use. The City may grant a delay to the seasonal calendar dates of June 1 or November 1, whichever comes first. Similarly, if a lot or space intended for the placement of a manufactured housing is located adjacent to or across the street from and existing residential development, the owner of the manufactured housing use must provide screening as described herein.

4. Maintenance: The owner must keep all screening properly maintained, free of trash and litter and all plant materials pruned in such a manner as to provide effective visual obscurity from the ground to a height of at least six feet.

Table M-1 Area Requirements

LIGHT INDUSTRIAL

Interior Minimum Front Corner Rear Maximum Minimum Side Floor Major Lot Yard Yard Yard Height Lot Area Yard Area Category Width Setback Setback Setback Of Sq ft Setback Ratio ft ft ft Ft Principal ft Industrial Uses 20,000 100 40 15 30 40 10 45 Warehouse & Wholesale 20,000 100 40 15 30 40 1 45 Uses Service Uses 10,000 80 40 10 30 0.8 45 Retail Business 10,000 80 40 10 30 30 0.8 45 Uses Office Uses 10,000 80 40 30 0.8 45 Agricultural 5 Acres 300 50 30 30 40 0.015 35 Uses Recreation and 20,000 100 40 15 30 40 1 45 Social Facilities Public, Education or 10,000 80 40 10 30 30 0.8 45 Utility Uses Land Excavation or 20 Acres 500 150 75 75 75 0.02 35 Utility Uses Radio & TV 5 Acres 300 50 15 30 40 0.05 200 Station Towers Miscellaneous 20,000 100 40 15 30 40 1 45 Uses

TABLE M-1 Permitted Principal Uses and Structures

1. INDUSTRIAL USES

a. Bakeries; manufacturing.

b. Blacksmith shops.

c. Cabinetmakers.

d. Contractor's Equipment Storage Yards.

e. Crematories.

f. Dry Cleaning Establishments; with central plant serving more than one retail outlet.

g. Exterminating and Fumigating Shops.

h. Glazing Shops.

i. Launderers; industrial.

j. Laundries; with central plant serving more than one retail outlet.

k. Medical Research Facilities.

l. Ornamental Ironworks Shops.

m. Print Shops.

n. Printing, Publishing and Lithography Industries.

o. Sheet Metal Shops.

p. Sign Contractors.

2. WAREHOUSE AND WHOLESALE USES

a. Automobile Storage Facilities.

b. Beverage Distributors.

c. Warehouses.

d. Wholesale Establishments-completely enclosed.

3. SERVICE USES

a. Ambulance Service Garages.

b. Animal Shelters/Kennels.

c. Automobile Diagnostic Centers and Clinics.

d. Automobile Driving Schools.

e. Automobile Rentals.

f. Automobile Repair Garages.

g. Blueprinting and Photostatting Establishments.

h. Cartage and Express Facilities.

i. Credit Unions.

j. Dental or Medical Laboratories.

k. Electrical Shops.

l. Furniture Cleaning, Upholstering and Repair.

m. Linen, Towel, Diaper and Similar Supply Services.

n. Newspaper Distribution Agencies.

o. Packing and Crating Services.

p. Parcel Pick-Up and Delivery Services.

q. Refrigeration Shops.

r. Taxicab Garages.

s. Taxidermists.

t. Towing Services.

u. Window Cleaning Services.

v. Equipment Rental and Leasing Service without outside storage, display or maintenance of the equipment.

4. RETAIL BUSINESS USES

a. Automobile Accessory Stores.

b. Automobile Sales and Service.

c. Bars and Cocktail Lounges; including dancing and/or live entertainment.

d. Bicycle Sales and Repair Shops.

e. Boat Sales, Rentals, Storage, and Repairs.

f. Building Material Supplies, Sales and Service.

g. Camper Sales.

h. Catalog Sales and Mail Order Stores.

i. Christmas Tree Sales.

j. Farm Supply Stores.

k. Feed and Grain Sales.

l. Fuel Oil Sales.

m. Furnace Supplies and Service.

n. Greenhouses; retail or wholesale sales.

o. Heating Supplies and Fixture Sales.

p. Home Supply Centers.

q. Lawnmower Sales and Repairs.

r. Mobile Home Dealers.

s. Motorcycle Sales, Repairs and Service.

t. Nurseries; retail or wholesale sales.

u. Plumbing Supplies and Fixture Sales.

v. Recreational Vehicle Sales.

w. Retail Outlet Stores; accessory to a manufacturing or wholesale establishment.

x. Septic Tank Sales and Service.

y. Snowmobile Sales and Service.

z. Taverns. aa. Tire, Battery and Accessory Dealers. bb. Trading Stamp Stores. cc. Trailer Sales and Rentals. dd. Truck and Recreational Vehicle Sales and Service. ee. Water Softener Sales and Services.

5. OFFICE USES

a. Architect's Office.

b. Contractor's Construction Offices.

c. Engineering Office.

d. Labor Union Offices.

e. Landscape Architect's Office.

f. Manufacturer's Agent Office.

g. Offices for Executive to Administrative Purposes.

h. Taxicab Offices.

i. Utility Offices.

6. AGRICULTURAL USES

a. Agricultural Buildings and Structures.

b. Cultivation of Field and Garden Crops.

c. Farms.

7. RECREATION AND SOCIAL FACILITIES

a. Bowling Alleys.

b. Skating, Ice, or Roller Rinks; Indoor.

8. PUBLIC, EDUCATION OR UTILITY USES

a. Bus Maintenance Shops.

b. Bus Passenger's Stations.

c. Bus Terminals, Turnarounds, and Lots.

d. Electric Substations, Gas Regulator Stations, and Telephone Exchanges.

e. Fire Stations.

f. Police Stations.

g. Pumping Stations, Water Towers, Water Works, or Wells; public.

h. Railroad Passenger's Stations.

i. Telephone Transmission Equipment Buildings and Micro-Wave Relay Towers.

j. Public Wastewater Treatment Facilities

9. MISCELLANEOUS USES

a. Model Home or Garage Displays.

b. Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on an existing building or structure as a permitted use subject to the provisions of Section 9.17 of this Ordinance.

TABLE M-1 , “SPECIAL EXCEPTIONS USES PERMITTED”

1. INDUSTRIAL USES

a. Air Freight Terminals.

b. Automobile Paint Shops.

c. Automobile Undercoating Services.

d. Bottling Works.

e. Chemical Processing and Production.

f. Dairy Products Manufacturing.

g. Electroplating Industries.

h. Food Processing and Packing.

i. Machine Shops.

j. Motor Freight Terminals.

k. Personnel Training Centers.

l. Pharmaceutical Industries and Research.

m. Plastics Manufacturing.

n. Rail Freight Terminals.

o. Refuse Reduction Plants.

p. Research and Development Laboratory Facilities.

q. Scientific Research Laboratories; including research, product development, pilot plants, and research manufacturing facilities.

r. Stone Companies.

s. Storage of Bulk Materials; outdoor.

t. Truck Freight Terminals.

u. Welding Shops.

v. Woodworking and Wood Products Manufacturing.

w. All manufacturing and industrial activities, not mentioned heretofore, that can be conducted within wholly enclosed buildings and that conform to this District's performance standards. However, industrial uses involving the storage, utilization, or manufacture of materials that decompose by detonation are prohibited.

2. WAREHOUSE AND WHOLESALE USES

a. Butane Distributors and Sales.

b. Grain Elevators and Storage.

c. Wholesale, Warehouse, or Industrial Establishments; with outdoor storage.

3. SERVICE USES

a. Sewer and Septic Tank Cleaning and Rodding Service.

b. Automobile Service Stations; for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies, including installation and minor services customarily incidental thereto.

c. Automobile (Car) Wash.

d. Equipment Rental and Leasing Service with outside storage, display, or maintenance of the equipment.

4. RETAIL BUSINESS USES

a. Bottled Gas Dealers.

b. Flea Markets.

c. Restaurants; drive-in or carry-out.

5. RECREATION AND SOCIAL FACILITIES

a. Go-Kart Race Tracks.

b. Theaters; drive-in.

6. PUBLIC, EDUCATION, OR UTILITY USES

a. Airports and Heliports.

b. Highway Maintenance Shops and Yards.

c. Radar Installations and Towers.

d. Railroad Shops and Roundhouses.

e. Railroad Switching Yards.

f. Trade Schools.

g. Utility Service Yards or Garages.

h. Vocational Schools.

7. LAND EXCAVATION AND FILLING USES

a. Borrow Pits; for commercial purposes.

b. Extraction of Earth Products; for commercial purposes.

c. Sanitary Landfills.

d. Top Soil Removal; for commercial purposes.

8. RESIDENTIAL USES

a. Residence of the proprietor, caretaker, or watchman of an industrial use.

9. MISCELLANEOUS USES

a. Radio Stations and Towers.

b. Television Stations and Towers.

c. Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on an existing building or structure as a special use subject to the provisions of Section 9.17 of the Ordinance

d. Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on a building or structure that is not an existing building or structure as a special use subject to the provisions of Section 9.17 of this Ordinance.

M-2 INDUSTRIAL (HEAVY) INDUSTRIAL DISTRICT

1. Description of District. The M-1 District is intended to control the development of lands to be used by industrial firms that have high standards of performance and that can locate in close proximity to business uses, and in locations convenient to residential areas, without creating nuisances. The district regulations are designed to permit the operations of most manufacturing, wholesaling, and warehousing activities with adequate protection to adjacent district uses and sufficient control of external effects to protect one industry from another. Some retail uses are permitted that service the industrial uses within the industrial area or that do not depend upon intensive visits of retail customers. In this district, outdoor storage must be completely screened and all industrial operations must be in an enclosed building.

2. Principal Uses and Structures Permitted. Permitted uses of land or buildings, as hereinafter enumerated, must be permitted in the M-1 District only in accordance with conditions specified. Only those uses specifically listed must be considered permitted uses, and no building or lot may be devoted to any use other than a use permitted hereunder, with the exception of the permitted principal uses and structures as listed in Section 166.23.

3. Accessory and Temporary Buildings and Structures.

A. Accessory and temporary buildings or structures are permitted according to the provisions of Section 165.11 and Section 165.25.

B. A retailer or community group as defined in Charter 100 of the Code of Iowa, who possesses and complies with all requirements of a consumer fireworks seller license issued by the State Fire Marshal, may sell consumer fireworks from a temporary structure in this zoning district, but only during the dates and times as allowed under Chapter 100 of the Code of Iowa, and provided there is also compliance with the following:

(1) For purposes of Paragraph B, “temporary structure” means a tent, canopy, stand, or similar enclosure that is not permanently affixed to the land, which is not intended for permanent use, and is erected for the sole purpose of retail sales of consumer fireworks.

(2) The temporary structure and site plan for the temporary structure and its use must be approved by the Building Official.

(3) Proof of a valid and current license, and any additional requirements which are a part thereof, issued by the State Fire Marshal, shall be furnished to the Building Official, with a copy of any application for the license, and any attachments, provided to the State Fire Marshal.

(4) Proof of maintenance of commercial general liability insurance required by Chapter 100 of Code of Iowa shall be furnished to the Building Official.

(5) If the retailer or community group does not own the land where the temporary structure is proposed to be located they shall provide proof of consent from all current property owners.

(6) The use of the temporary structure may not adversely impact the surrounding area and land uses, which must still comply with all City Code requirements.

(7) The temporary structure and its use must comply with all State, federal, and local laws, and regulations.

(8) The temporary structure must be removed by July 15 of each year.

4. Special Exception Uses. Special exception uses listed below may be allowed subject to the issuance of special use permits in accordance with the provisions of Section 165.27(7). Special exception uses may be required to meet more restrictive site and structure provisions if the Council, acting upon the recommendation of the Planning and Zoning Commission, determines that such requirements are necessary to the public health, safety, and general welfare.

5. Area Requirements. The minimum area that may constitute a separate or detached part of the M-1 District on the Official Zoning Map or subsequent amendments to the Zoning Map must be three acres. However, land zoned in the M-2 District that immediately abuts or is directly across the street from land zoned in the M-1 District, may be included in the calculation of area meeting the minimum requirements. The minimum area, setback, density, and maximum height, must be as prescribed in the following table and in compliance with the following requirements when applicable. M-1 Light Industrial District Area Requirements Lot Width ft.

Corner Yard Interior Side Lot Area Sq.

Front Yard

Floor Area Rear Yard Setback ft.

Setback ft.

Setback ft.

Setback ft.

Maximum Minimum

Minimum

Height of Principal Category Major

Ratio Yard ft.

Industrial Uses 20,000 100 40 15 30 40 10 45 Warehouse and Wholesale 20,000 100 40 15 30 40 1 45 Uses Service Uses 10,000 80 40 10 30 0.8 45 Retail Business 10,000 80 40 10 30 30 0.8 45 Uses Office Uses 10,000 80 40 30 0.8 45 Agricultural 5 acres 300 50 30 30 40 0.015 35 Uses Recreation and Social 20,000 100 40 15 30 40 1.0 45 Facilities Public, Education, or 10,000 80 40 10 30 30 0.8 45 Utility Uses Land Excavation or 20 acres 500 150 75 75 75 0.02 35 Utility Uses Radio and TV 5 acres 300 50 15 30 40 0.05 200 Station Towers Miscellaneous 20,000 100 40 15 30 40 1 45 Uses

6. Sign Regulations. Signs are permitted according to the provisions of Chapter

7. Parking and Off-Street Loading Regulations. Parking must be provided according to the provisions of Section 165.06.

8. Lighting. Exterior lighting is provided according to the provisions of Section 165.07.

9. Landscaping Regulations. At the time of a Building Permit application in all industrial zones, the applicant must supply a landscaping plan for review by the Planning and Zoning Commission or the City designee. The landscaping plan must be appropriate to the zone. The plan is to be subject to review and approval of the City. Industrial zones must provide in their landscaping plans for the placement of no less than one deciduous tree for each acre or less of zoned area. The City review may also request additional landscaping such as shrubs and border vegetation if this should appear to be beneficial and conducive to a more esthetic, attractive, and orderly development of the area.

10. Special Regulations.

A. Residential uses are not permitted within the M-1 District.

B. Fencing and screening as provided in Subsection 13.

11. Performance Standards.

A. Purpose. Performance standards regulating industrial development and activity within the City are intended to:

(1) Permit industrial land uses to be measured factually and objectively.

(2) Ensure that all industries provide methods that protect the community from hazards that are preventable by legitimate processes of control and nuisance elimination.

(3) Protect industries from arbitrary exclusion or persecution based solely on subjective determinations of industrial performances made in the past.

B. Applicability. Performance standard provisions of this section must be applicable to any use established in this zoning district in either of the following instances:

(1) If any use, building or other structure, established prior to the effective date of this Zoning Code, is extended, enlarged, moved, structurally altered, or reconstructed, the change in building or land use or configuration must be in full compliance with this provision. Uses lawfully established prior to the effective date of this Zoning Code, and not being extended, enlarged, moved, structurally altered, or reconstructed, must fully comply with applicable industrial performance standards existing at the time of use establishment or at the time of most recent structural alteration.

(2) Any use established, any building or structure constructed, or tract of land developed for any permitted, special, or accessory use in this zoning district must comply with all of the performance standards herein set forth.

C. Procedure. Uses, buildings, or structures required to comply with this provision must make a showing of probable compliance with these performance standards prior to undertaking any alteration. The showing must be in the form of a letter submitted with the zoning application (or building application if proper industrial zoning already exists) prepared by a professional engineer, licensed by the State, certifying that the use, building, or structure complies with all industrial performance standard requirements. The letter must be based on the engineer’s personal scrutiny of the site and proposed use or alteration, and must have analytical foundation in accepted engineering principles. In addition, the Planning and Zoning Commission may require the applicant to submit any or all of the following:

(1) A plot plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas, bulk storage areas, streets, streams, or other significant features on or within 200 feet of the proposed site.

(2) A description of the activity to be conducted regarding waste products, external effects, or other conditions that are regulated herein; provided, however, that the applicant must not be required to reveal any trade secrets or sufficient detail with regard to a process that would cause any secret process or manufacturing procedure for a closely guarded proprietary compound or product to become public knowledge and be available to competitors.

(3) The type and location of abatement devices to control, or recording instruments to measure conformance with required standards, not including devices and instruments that are inherent in the manufacturing process.

(4) Such other data and certification as may reasonably be required by the Planning and Zoning Commission to reach a determination.

(5) All information and evidence submitted in applications to indicate conformity to performance standards shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.

D. Administrative Options. The Planning and Zoning Commission may approve and authorize the establishment of the use, building, or structure if all pertinent provisions of this Zoning Code and other applicable ordinances are complied with. If, however, the Planning and Zoning Commission determines that the proposed use, building, or structure may not comply with performance standards, they may inform the applicant that either more information is necessary or that an independent engineering analysis of the proposed use, building, or structure is required prior to final Council approval.

E. Need for Independent Engineering Analysis. If the Planning and Zoning Commission determines that reason exists to doubt the compliance with any applicable performance standard provision, a State licensed professional engineer of the City’s choosing (but acceptable to the petitioner)

may be asked to analyze the prospects of compliance. Costs of such analysis must be paid by the applicant.

F. Use of Independent Engineering Analysis. Upon submission of an independent engineering analysis authorized by the City, the Planning and Zoning Commission must authorize establishment of the use, building, or structure if the independent analysis confirms probable compliance with this provision and if all other applicable provisions of this and other City ordinances are satisfied. If, however, the independent engineering analysis indicates that the proposed use, building, or structure is not likely to comply with this provision, then the application must be denied until such time that the proposal is able to comply fully.

G. Appeal of Administrative Determination. Action, or a lack of action by the Planning and Zoning Commission, with reference to these performance standards may be appealed to the Board of Adjustment. Or, in instances when no action has been taken by the Planning and Zoning Commission within 120 days after formal filing of the application.

H. Continued Enforcement.

(1) The Planning and Zoning Commission shall investigate any purported violation of performance standards. Uses, buildings, or structures lawfully established prior to the effective date of this Zoning Code and subject to performance standards existing at that time, may be found to be in violation with those previously applicable standards. Alleged violations may be brought to the Council’s attention by employees of that office, or by County or State law enforcement, health, or environmental employees or officials or citizens. If a violation is alleged, the Planning and Zoning Commission shall inform the suspected perpetrator and shall initiate an independent engineering analysis consistent with the analysis procedure outlined herein. Administrative determinations made in conjunction with the analysis may be appealed in the same manner heretofore outlined.

(2) Revocation of Permits. If an alleged violation is determined to be valid by the independent engineering analysis, any permits previously issued in conjunction with the established use, building, or structure are void and the operator must cease operation until the violation is remedied. Failure to cease operation within two days of notice to do so by the City constitutes a violation of this Zoning Code and the penalty provision cited in Section 165.32 may be imposed.

I. Technical Provisions.

(1) Noise

a. To measure the intensity and frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer may be employed. The flat network and the fast meter response of the sound level meter may be used. Sounds of short duration that cannot be measured accurately with the sound level meter, may be measured with the impact noise analyzer. Octave band analyzers calibrated in the preferred frequencies (American Standards Association S1 6-1960, Preferred Frequencies for Acoustical Measurements) must be used with the following tables. The suspected perpetrator will be required to hire, at the approval of the City, a consultant to measure, record, and report to the Council results about compliance with this Zoning Code. The owner of the use of the suspected noise violation will incur all costs.

b. At no point along the boundary of a residential district or along an adjacent lot shall the sound pressure level of any operation or plant exceed the decibel limits in the octave bands designated below.

c. Maximum Permitted Sound Level. Octave Bank Frequency Cycles per Second Decibels 0-74 58 75-149 54 150-299 50 300-599 46 600-1,199 40 1,200-2,399 33 2,400-4,799 26 4,800-over 20

d. Exceptions. The following uses and activities shall be exempt from the noise level regulations in the M-1 District:

i. Noises not directly under control of the property user.

ii. Noises emanating from construction and maintenance activities between 7:00 a.m. and 9:00 p.m. Such activities are those that are non-routine operations accessory to the primary activities, and that are temporary in nature, or conducted infrequently.

iii. The noises of safety signals, warning devices, and emergency pressure relief valves.

iv. Transient noises of moving sources such as automobiles, trucks, airplanes, and railroads.

(2) Vibration.

a. Any industrial operation or activity that may cause at any time and at any point along the nearest adjacent lot line, earth borne vibrations in excess of the limits set forth in Column I of the following tables is prohibited.

Maximum Permitted Steady-State Vibration Displacement Level Frequency I.* Displacement II.*Displacement (Cycles per Second) (inches) (inches) 0-9 0.0008 0.0004 10-19 0.0005 0.0002 20-29 0.0003 0.0001 30-39 0.0002 0.0001 40-over 0.0001 0.0001 * Steady-state vibrations, for purposes of this Zoning Code, are vibrations that are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses that do not exceed 100 per minute, must be considered impact vibrations, and must not cause in excess of twice the displacement stipulated.

Maximum Permitted Impact Vibration Displacement Level Frequency I. Displacement II.*Displacement *

(Cycles per Second) (inches) (inches) 0-9 0.0016 0.0006 10-19 0.0010 0.0003 20-29 0.0006 0.0002 30-39 0.0004 0.0001 40-over 0.0002 0.0001 * Impact vibrations, for purposes of this Zoning Code, are vibrations that occur in discrete impulses separated by an interval of at least one minute and numbering not more than eight in any 24-hour period.

b. In addition, any industrial operation or activity that may cause at any time and at any point along a residential district boundary line, earth borne vibrations in excess of the limits set forth in Column II of the tables in sub-paragraph above is prohibited.

c. Vibrations must be expressed as displacement in inches and must be measured with a three-component measuring system approved by the Zoning Administrator.

d. Exceptions. The following uses and activities shall be exempt from the vibration level regulations:

i. Vibrations not directly under the control of the property user.

ii. Vibrations emanating from construction and maintenance activities between 7:00 a.m. and 9:00 p.m. Such activities are those that are non-routine operations accessory to the primary activities and that are temporary in nature, or conducted infrequently.

iii. Transient vibrations of moving sources such as automobiles, trucks, airplanes, and railroads.

(3) Smoke and Particulate Matter. The emission, from all sources within any lot, or particulate matter containing more than five percent by weight of particles having a particle diameter larger than 44 microns is prohibited. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot must be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified herein is prohibited. The emission of smoke or particulate matter of a density or equivalent opacity equal to, or greater than, Ringelmann Chart No. 2 is prohibited at all times, except as otherwise provided herein. (The Ringelmann Chart is the chart published by the United States Bureau of Mines.)

a. Smoke Emission. In the M-1 District, the emission of more than 12 smoke units per stack in any one-hour period is prohibited. However, once during any six-hour period each stack may be permitted up to 12 additional units in a 15-minute period for soot blowing and fire cleaning. Only during such 15-minute periods may smoke of a density or equivalent opacity equal to, but not exceeding, Ringelmann Chart No. 3 be permitted, and then only for fire cleaning and for not more than four minutes per period.

b. Particulate Matter. The rate of emission of particulate matter from all sources within the boundaries of any lot must not exceed the rate established in the following table: Maximum Permitted Particulate Matter Emission Rate Height of Emission Pounds Per Hour

(ft) (per acre) 0-49 1.00 50-99 1.01 100-149 1.06 150-199 1.10 200-299 1.16 300-399 1.30 400-over 1.50

c. Method of Measurement.

i. Smoke. To grade the density or equivalent opacity of emission of smoke, the Ringelmann Chart shall be employed. To determine smoke units, the Ringelmann reading shall be made at least every minute during the period of observation. Each reading (Ringelmann number) shall be multiplied by the time in minutes for which it is observed, and the products added together to determine the total number of smoke units observed during the total period of observation.

ii. Particulate Matter. The total net rate of emission of particulate matter within the boundaries of any lot shall be determined as follows: Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the hourly rate of emission in pounds per acre. Add together the individual rate of emission as derived above to obtain the total rate of emission from all sources of emission within the boundaries of the lot. This total must not exceed the rate established in the preceding table.

(4) Odors. No continuous, frequent, or repetitive emission of odors or odor-causing substances that would be offensive beyond any property line of any industrial use will be permitted. An odor emitted no more than 15 minutes in any one day shall not be deemed as continuous, frequent, or repetitive within the meaning of these regulations. The existence of an odor shall be presumed when analysis by a competent technician demonstrates that a discernible odor is being emitted. Any process that may involve the creation or emission of any odors must be provided with a primary and a secondary safeguard system so that control will be maintained if the primary safeguard system fails. The rules and regulations of the Iowa Environmental Protection Agency must be complied with.

(5) Radiation Hazards. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall not be allowed in the M-1 District.

(6) Fire and Explosive Hazards.

a. The provisions of Section 93.143-156 of the Code of Iowa shall be complied with, and no explosives may be stored, used, or manufactured without first petitioning the City, and the use must receive a certificate of compliance from both the State and the Fire Chief.

b. No gasoline or other inflammables or explosives shall be stored unless the location, plans, and construction conform to the laws and regulations of the State and have the approval of both the Department of Public Safety and the Fire Department.

(7) Glare and Heat. Every use and activity must be so operated that it does not emit heat or heated air beyond the boundary of the lot on which it is located. No direct or sky-reflected glare must emanate from any use or activity that is visible at any point on or beyond the boundary of the lot on which such activity is located. This restriction does not apply to signs otherwise permitted by the provisions of the Zoning Code or other applicable ordinances, to activities of a temporary or emergency nature, or to night lighting necessary for safety and the protection of property.

(8) Electromagnetic Interference. There shall be no electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the Federal Communications Commission.

12. Site and Plan Review.

A. Prior to applying for a Building Permit, all industrial zones must supply a site plan for review by Planning and Zoning Commission, City designee and City Engineer. It is the intent of this section that site plans for the M-1 District are prepared by a designer having professional competence in urban planning. The Council shall require the applicant to engage a qualified designer. The site plan shall follow appropriate design standards.

B. A M-1 District plan shall include all of the following:

(1) Date, compass point, legend of symbols, and minimum scale 1” = 40′.(written and graphic)

(2) Legal description including total area of property.

(3) Address, if assigned.

(4) Landowner’s and applicant’s name, address, and contact information.

(5) Vicinity map that identifies the location of the property in relationship to the neighborhood or the rest of the City.

(6) Property boundary lines including bearing and distances, dimensions to the nearest one-tenth of one foot.

(7) Existing and proposed topography at contour intervals of not more than one foot, extending beyond the boundaries of the site to adjacent properties as necessary to address drainage issues.

(8) Location of any established floodways, floodway fringe, and floodplain overlay lines, if applicable.

(9) Location of existing trees; identify those that will be preserved.

(10) Location of existing and proposed utilities, public and private.

(11) Location of existing and proposed easements, public and private.

(12) Location, footprint, size, and use of all buildings and structures, existing and proposed with setback lines.

(13) Location of proposed public and private sidewalks.

(14) Location of parking and greenspaces.

(15) Colored elevations for all sides of the building and or structures including trash enclosures, illustrating architecture, materials, and color palette. The elevation drawings shall be sized appropriately showing architectural detail and shall include labels identifying all exterior materials. In addition, include percentage of masonry for each building and structure.

(16) Minimum low opening elevations if applicable.

13. Outdoor Storage and Screening. The following outdoor storage and screening requirements shall apply to each of the following specific use types.

A. Recycling Processing Facility.

(1) The exterior storage area is no greater than 50 percent of the size of the ground floor area of the principal structure, or 1,500 square feet, whichever is less;

(2) All unloading and storage of materials, including processed materials, must be conducted within completely enclosed buildings;

(3) Incidental outdoor storage areas, including the storage of empty waste containers and collection vehicles, but not including the outdoor storage of discarded or recyclable materials, must be screened from view of adjacent property located in a residential or commercial zone and from public streets, and shall not be permitted in any front yard. The screening must meet the requirements of Chapter 169.

(4) The exterior storage of full or partially full waste containers must be prohibited; however, collection containers for recyclable materials that are open to the public may be located outdoors, provided that containers are designed to control the spread of litter and debris and that they are not located within a front yard.

B. Truck Terminal Facilities.

(1) The exterior storage area is no greater than 50 percent of the size of the ground floor area of the principal structure, or 1,500 square feet, whichever is less;

(2) All vehicles on the property are in operational condition and are properly licensed as required by State or federal Law.

(3) No vehicle is stored for more than 45 continuous days on the property.

(4) The parking and trailer storage area is surfaced with asphalt or concrete designed and maintained to prevent the flow of water onto adjoining properties.

(5) Screening is preserved, planted, constructed, and maintained according to Chapter 169. Screening must also be provided along any lot lines, which abut any street in a manner sufficient to obscure the truck terminal facility from view, using the screening standards in Chapter 169.

C. Outdoor storage of discarded tires or appliances, excluding the processing or disassembly of those materials, as an accessory use to a recycling processing facility.

(1) The exterior storage area is no greater than 50 percent of the size of the ground floor area of the principal structure, or 1,500 square feet, whichever is less;

(2) Outdoor storage must be conducted entirely within an enclosed fence, wall, or other solid screen. Such solid screen shall be constructed in such a manner that no outdoor storage shall be visible from an adjacent property, street, or highway. Materials shall not be piled against the fence or higher than the height of the fence;

(3) The outdoor storage of tires shall not be closer than 100 feet to any property line;

(4) Mosquito abatement measures must be incorporated into the design of the outdoor storage area.

D. Outdoor storage of recyclable materials, not including tires or appliances, as an accessory use to a recycling processing facility.

(1) The exterior storage area is no greater than 50 percent of the size of the ground floor area of the principal structure, or 1,500 square feet, whichever is less;

(2) Paper products, cardboard, plastic, and other similar materials shall be processed by bailing, palletizing, or other means to control the spread of litter;

(3) Outdoor storage of unprocessed materials shall be limited to glass, metal, or other materials that are not easily dispersed by wind, provided they are located in a container or structure designed to control the spread of litter and debris;

(4) Outdoor storage shall be limited to those materials that are intended for reuse, remanufacture, or reconstitution, and not for final disposal in a landfill, by incineration, or by other means;

(5) Plans for controlling the spread of litter and debris may be required prior to the approval of the outdoor storage area;

(6) Screening of outdoor storage areas must be provided as required by Section 165.08.

E. Screening. Where a lot occupied by an industrial use abuts or is across a street, roadway, alley, or railroad right-of-way from an agricultural, residential, school, or recreational area including a park, playground, or Clear Creek, screening must be preserved, planted, or constructed and maintained by the owner of the industrial use in accordance with the provisions set forth below.

(1) Location:

a. Screening must be provided along lot lines or street right-of-way in a manner sufficient to obscure the industrial use from view at ground level within the lot lines of a residential or school abutting or located across the street from the industrial use.

b. In an industrial zone where parking is located within 60 feet of a residential or other industrial zone boundary, screening must be provided in a location and manner sufficient to obscure all off-street parking and loading, storage, or other such areas of activity from view within the lot lines of the residential zone or school.

c. In all instances where street right-of-way, which acts to separate the lots where the uses are located, is 100 feet or wider, screening must be required.

(2) Materials:

a. Outdoor storage must be conducted entirely within an enclosed fence, wall, or other solid screen. Such solid screen shall be constructed in such a manner that no outdoor storage shall be visible from an adjacent property, street, or highway. Materials must not be piled against the fence or higher than the height of the fence.

b. A planting screen of pyramidal arbor vitae, the plantings being at least three feet high when planted and spaced four feet on center, may be used. Other evergreen varieties may be used if approved by and spaced according to the City. The planting bed must have a minimum dimension of five feet, be separated from streets, drives, and parking areas by a curb or barrier in such a manner that sand and saltwater runoff will not damage the screening.

c. Where a planting screen cannot be expected to thrive because of intense shade, soil, or other conditions, a solid fence of durable construction, earthen berm covered with grass or low shrubs, or other acceptable materials that provide maximum visual obscurity to a height of six feet at maturity may be used if approved by the City.

(3) Time of Installation. If a lot proposed for an industrial use is located adjacent to or opposite an existing residential use or subdivision in a residential zone or a school, screening, as required herein, must be installed prior to occupancy or commencement of a use. The City may grant a delay to the seasonal calendar dates of June 1 or November 1, whichever comes first. Similarly, if a lot or space intended for the placement of a manufactured housing is located adjacent to or across the street from an existing residential development, the owner of the manufactured housing use must provide screening as described herein.

(4) Maintenance. The owner must keep all screening properly maintained, free of trash and litter and all plant materials pruned in such a manner as to provide effective visual obscurity from the ground to a height of at least six feet.