§ 166.22 Heavy Industrial District (M-2)

and DESCRIPTION OF DISTRICT The M-2 General (Heavy) Industrial District is intended to provide lands for development by most types of industrial firms. Industrial and ancillary operations are permitted only in a clean and quiet manner and only if in compliance with the district's industrial performance standards.

USES AND STRUCTURES PERMITTED Permitted uses of land or buildings, as hereinafter enumerated, must be permitted in the M-2 General (Heavy) Industrial District only in accordance with conditions specified. Only those uses specifically listed hereunder must be considered permitted uses, and no building or lot must be devoted to any use other than a use permitted hereunder, with the exception of: Permitted Principal Uses and Structures as listed in Table M-2 (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 uses, as hereinafter listed, are allowed subject to the issuance of special exception use permits in accordance with the provisions of Section 11.07. Refer to the following Table M-2 for a listing of Special Exception Uses Permitted

Special exception uses must 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-2 zoning district on the City of Tiffin Zoning Map or subsequent amendments to the Zoning Map must be three acres. However, land zoned in the M-1 zoning district that immediately abuts or is directly across the street from land zoned in the M-2 classification, may be included in the calculation of area in meeting the minimum requirements.

The minimum area, setback, density and maximum height, must be as prescribed in the following Table M-2.

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 thirty-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 and off-street loading must be provided according to the provisions of Section 7.

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

REGULATIONS At the time of application for a building permit in all industrial zones, an applicant must provide 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 construction and must 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.

M-2 .1O SPECIAL REGULATIONS

A. Residential uses are not permitted within the M-2 District.

B. Fencing and Screening as provided in Section 5.

STANDARDS

A. Purpose Performance standards, regulating industrial development and activity within the City of Tiffin, 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 before undertaking the 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 the City Engineer, 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 or the City Council 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 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 may 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 that may reasonably be required by the Planning and Zoning Commission or the City Council 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 the establishment of the use, building, or structure, if all pertinent provisions of this Ordinance, and other applicable City ordinances are complied with. If the Planning and Zoning Commission determines that the proposed use, building or structure does 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 approval.

E. Need for Independent Engineering Analysis If the Planning and Zoning Commission determines that reason exists to doubt compliance with any applicable performance standard provision , a professional engineer of the city’s choosing and acceptable to the petitioner may be asked to analyze the prospects for compliance. The cost of the 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 may 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 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 with the requirements.

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. 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 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 Planning and Zoning Commission’s attention by anyone. If a violation is alleged and the Planning and Zoning Commission finds probable cause of a violation, the City must inform the suspected violator and the violator must initiate an independent engineering analysis within 14 days of notice by the City. Administrative determinations made in conjunction with the analysis may be appealed in the same manner as set forth in this Ordinance for appeals.

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 violator 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 frequently 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 analyzer calibrated in the preferred frequencies (American Standards Association S1 6-1960, Preferred Frequencies for Acoustical Measurements) may be used with the following tables. Should a complaint be filed with the City regarding industrial use noise, the suspected violator must hire a consultant approved by the City to measure, record, and report to the City results of the analysis. The alleged violator will pay all costs of testing.

b. Maximum Permitted Sound Level

Octave Bank Frequency ”Cycles per Second” Decibels 0 through 74 67 75 through 149 59 150 through 299 52 300 through 599 46 600 through 1,199 40 1,200 through 2,399 34 2,400 through 4,799 32 4,800 and over 32

c. Exceptions The following uses and activities must be exempt from the noise level regulations in the M-2 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.

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 as follows.

2. Vibration

a. Any industrial operation or activity that causes 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.

b. In addition, any industrial operation or activity that mayt cause at any time and at any point along a residence district boundary line, earth borne vibrations in excess of the limits set forth in the following tables.

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 one hundred (100) per minute. Discrete impulses that do not exceed one hundred (100) per minute, must be considered impact vibrations and must not cause in excess of twice the displacements 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 minute and numbering not more than eight in any twenty-four hour period.

3. Smoke and Particulate Matter Any emission from a lot of 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 I-2 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 following Table:

c. Maximum Permitted Particulate Matter 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 used. 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 that 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 rates 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 Continuous, frequent, or repetitive emission of odors or odor-causing substances that would be offensive beyond any property line of any industrial use are prohibited. An odor emitted no more than 15 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 is presumed when analysis by a competent technician demonstrates that a discernible odor has been 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.

5. Radiation Hazards The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes must be in conformance with

a. the applicable regulations of the Atomic Energy Commission and

b. the applicable regulations of the State of Iowa.

6. Fire and Explosive Hazards

a. No explosives may be stored, used, or manufactured without first submitting notice to the City and Tiffin Fire Association.

b. No gasoline or other inflammables or explosives may 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 use or activity is located. This restriction must not apply to signs otherwise permitted by the provisions of the Zoning Ordinance or other applicable ordinances. It does not apply 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 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, is prohibited.

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

STORAGE AND SCREENING

A. Recycling processing facility, provided:

1. The exterior storage area is no greater than fifty percent 50%) of the size of the ground floor area of the principal structure, or one thousand five hundred 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 are not 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 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 Section 5.07.J.9 of this Chapter. 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 subsection 8 of this Chapter.

C. Outdoor storage of discarded tires or appliances, excluding the processing or disassembly of the 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. The solid screen must be constructed so that no outdoor storage is visible from an adjacent property or public right-of-way. Materials may 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.

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.

A. Location:

1. 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.

2. 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 effectively 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.

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

B. Screening Materials:

1. Outdoor storage must be conducted entirely within an enclosed fence, wall, or other solid screen. The solid screen must be constructed in such a manner that no outdoor storage is visible from an adjacent property or public right-of-way. Materials must not be piled against the fence or higher than the height of the fence.

2. 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 an curb or barrier in a manner so that sand and saltwater runoff will not damage the screening.

3. 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 of Tiffin.

C. 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 of Tiffin 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.

D. 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 (6’).

TABLE M-2 Area Requirements

M-2 HEAVY 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 sf Setback Ratio Ft Ft ft Ft Principal ft Industrial Uses 30,000 100 40 15 30 40 1 45 Warehouse & Wholesale 30,000 100 40 15 30 40 1 45 Uses Service Uses 10,000 80 40 10 30 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 Recreation and 20,000 100 40 15 30 40 0.5 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 Miscellaneous 20,000 100 40 15 30 40 1 45 Uses

TABLE M-2 Permitted Principal Uses and Structures

1. INDUSTRIAL USES

a. Air Freight Terminals.

b. All manufacturing and industrial activities including the fabrication, processing, assembly, disassembly, repairing, cleaning, servicing, testing, packaging, and storage of materials, products and goods that can be conducted within enclosed buildings. All uses must conform to the Performance Standards of this Section.

c. Automobile Paint Shops.

d. Automobile Undercoating Services.

e. Bakeries, manufacturing.

f. Bottling Works.

g. Building Material Supplies.

h. Cabinetmakers.

i. Chemical Processing and Production.

j. Contractor's Equipment Storage Yard.

k. Dairy Products Manufacturing

l. Dry Cleaning Establishments; with central plant serving more than one

(1) retail outlet.

m. Electroplating Industries.

n. Exterminating and Fumigating Shops.

o. Food Processing and Packing.

p. Glazing Shops. q Laundries; industrial.

q. Laundries; with central plant serving more than one (1) retail outlet.

r. Lumber Companies and/or Yards.

s. Machine Shops.

t. Motor Freight Terminals.

u. Ornamental Ironworks Shops.

v. Pharmaceutical Industries and Research.

w. Plastics Manufacturing.

x. Print Shops.

y. Printing, Publishing, and Lithography Establishments.

z. Rail Freight Terminals. aa. Research and Development Laboratory Facilities. bb. Scientific Research Laboratories; including research, product development, pilot plants, and research manufacturing facilities. cc. Sheet Metal Shops. dd. Sign Contractors. ee. Truck Freight Terminals. ff. Welding Shops. gg. Woodworking and Wood Products Manufacturing.

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. Blueprinting and Photostatting.

c. Bottled Gas Dealers.

d. Cartage and Express Facilities.

e. Credit Unions.

f. Electrical Shops.

g. Furnace Supplies and Services.

h. Furniture Cleaning, Upholstering and Repair.

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

j. Packing and Crating Services.

k. Parcel Delivery and Pick-Up Services.

l. Refrigeration Shops.

m. Towing Services.

n. Water Softener Services.

o. Window Cleaning Services.

4. RETAIL BUSINESS USES

a. Fuel Oil Sales.

b. Heating Supplies and Fixture Sales.

c. `Plumbing Supplies and Fixture Sales.

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

5. OFFICE USES

a. Architect's Office.

b. Contractor's Construction Offices.

c. Engineering Office.

d. Labor Union and Organizations.

e. Landscape Architect's Office.

f. Land Surveyor's Office.

g. Manufacturer's Agent Office.

h. Offices for Executive and Administrative Purposes.

i. Utility Offices.

6. PUBLIC, EDUCATION, AND UTILITY USES

a. Bus Maintenance Shops.

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

c. Fire Stations.

d. Highway Maintenance Shops and Yards.

e. Police Stations.

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

g. Railroad Shops and Roundhouses.

h. Railroad Switching Yards.

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

j. Utility Service Yards or Garages.

7. MISCELLANEOUS USES 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-2 SPECIAL EXCEPTIONS USES PERMITTED

1. INDUSTRIAL USES

a. Industrial uses involving the storage, utilization, or manufacture of materials or products that decompose by detonation.

b. Paper Products Manufacturers

c. Stone Companies.

d. 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.

2. WAREHOUSE AND WHOLESALE USES

a. Butane Distributors and Sales.

b. Grain Elevators and Storage.

c. Machinery Storage Yards.

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

3. SERVICE USES Sewer and Septic Tank Cleaning and Rodding Services.

4. RECREATION AND SOCIAL FACILITIES Go-Kart Race Tracks.

5. PUBLIC, EDUCATION, OR UTILITY USES

a. Airports and Heliports.

a. Radar Installations and Towers.

b. Waste Water Treatment Plants.

6. LAND EXCAVATION AND FILLING USES

a. Borrow Pits; for commercial purposes.

b. Extrication of Earth Products; for commercial purposes.

c. Sanitary Landfills.

d. Top Soil Removal; for commercial purposes.

7. RESIDENTIAL USES Residence of the proprietor, caretaker, or watchman of an industrial use.

8. MISCELLANEOUS USES

a. Office and Industrial Park; minimum of 100 acres required.

b. 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.

c. 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.

d. Sexually-Oriented Businesses – See Ordinance No. 2002-255 Regulating Sexually-Oriented Businesses

PAD PLANNED AREA DEVELOPMENT DISTRICT

1. Description of District. The M-2 District is intended to provide lands for development by most types of industrial firms. Industrial and ancillary operations are permitted only in a clean and quiet manner and only if in compliance with the district’s industrial performance standards.

2. Principal Uses and Structures Permitted. Permitted uses of land or buildings, as hereinafter enumerated, shall be permitted in the M-2 District only in accordance with Section 166.23. Only those uses specifically listed hereunder must be considered permitted uses, and no building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of: 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 Chapter 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 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 the Code of Iowa shall be furnished to the Building Official.

(5) If the retailer of 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, as hereinafter listed, are allowed subject to the issuance of special exception use permits in accordance with the provisions of Section 165.27(7). Refer to Section 166.23 for a listing of special exception uses permitted. Special exception uses must 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-2 District on the Official Zoning Map or subsequent amendments to the Official Zoning Map must be three acres. However, land in the M-1 District that immediately abuts or is directly across the street from land zoned in the M-2 District, may be included in the calculation of area in 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:

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 U.S. 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 U.S. Highway 6, which must be required to have a 32-foot setback, in addition to the minimum yard requirements stated 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. M-2 Heavy Industrial District Area Requirements Lot Width ft.

Corner Yard Interior Side Lot Area Sq.

Floor Area Rear Yard Setback ft. Front Yard

Maximum Setback ft.

Setback ft.

Setback ft.

Height of Principal Minimum

Minimum Category Major

Ratio Yard ft.

Industrial Uses 30,000 100 40 15 30 40 1 45 Warehouse and Wholesale 30,000 100 40 15 30 40 1 45 Uses Service Uses 10,000 80 40 10 30 30 0.8 45 Retail Business Uses 10,000 80 40 10 30 30 0.8 45 Office Uses 10,000 80 40 30 0.8 45 Recreation and Social 20,000 100 40 15 30 40 0.5 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

M-2 Heavy Industrial District Area Requirements

Lot Width ft.

Corner Yard Interior Side Lot Area Sq.

Floor Area Rear Yard Setback ft. Front Yard

Maximum Setback ft.

Setback ft.

Setback ft.

Height of Principal Minimum

Minimum Category Major

Ratio Yard ft. Miscellaneous Uses 20,000 100 40 15 30 40 1 45

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

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

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

9. Landscaping Regulations. At the time of application for a Building Permit in all industrial zones, an applicant must provide a landscaping plan for review by the Planning and Zoning Commission or the City designee. The landscaping plan must be appropriate to the zone. 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-2 District.

B. Fencing and Screening as provided in Section 166.27.

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. The performance standards outlined in this subsection shall 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 adoption 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 adoption 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 before undertaking the 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 the City Engineer, 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 or the Council 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 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 may 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 that may reasonably be required by the Planning and Zoning Commission or the Council 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 the establishment of the use, building, or structure, if all pertinent provisions of this Code, and other applicable City ordinances are complied with. If the Planning and Zoning Commission determines that the proposed use, building or structure does 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 approval.

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

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 Planning and Zoning Commission’s attention by anyone. If a violation is alleged and the Planning and Zoning Commission finds probable cause of a violation, the City shall inform the suspected violator and the violator shall initiate an independent engineering analysis within 14 days of notice by the City. Administrative determinations made in conjunction with the analysis may be appealed in the same manner as set forth in this Zoning Code for appeals.

(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 violator 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 analyzer calibrated in the preferred frequencies (American Standards Association S1 6-1960, Preferred Frequencies for Acoustical Measurements) may be used with the following tables. Should a complaint be filed with the City regarding industrial use noise, the suspected violator must hire a consultant approved by the City to measure, record, and report to the City results of the analysis. The alleged violator will pay all costs of testing.

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 as follows.

c. Maximum Permitted Sound Level. Octave Bank Frequency Cycles per Second Decibels 0-74 67 75-149 59 150-299 52 300-599 46 600-1,199 40 1,200-2,399 34 2,400-4,799 32 4,800-over 32

d. Exceptions. The following uses and activities shall be exempt from the noise level regulations in the M-2 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 valves.

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

(2) Vibration.

a. Any industrial operation or activity that causes 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 residence district boundary line, earth borne vibrations in excess of the limits set forth in the tables in Subparagraph (a) above.

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 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.

(3) Smoke and Particulate Matter. Any emission from a lot of 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-2 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 particulate matter from all sources within the boundaries of any lot shall 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 used. 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 that 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 rates 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 shall not exceed the rate established in the preceding table.

(4) Odors. Continuous, frequent, or repetitive emission of odors or odor-causing substances that would be offensive beyond any property line of any industrial use are prohibited. 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 is presumed when analysis by a competent technician demonstrates that a discernible odor has been 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.

(5) Radiation Hazards. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in conformance with State, federal, and local regulations.

(6) Fire and Explosive Hazards.

a. No explosives may be stored, used, or manufactured without first submitting notice to the City and Fire Department.

b. No gasoline or other inflammables or explosives may 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 use or activity is located. This restriction must not apply to signs otherwise permitted by the provisions of the Zoning Code or other applicable ordinances. It does not apply to activities of a temporary or emergency nature, or to night lighting necessary for safety and the protection of property.

(8) Electromagnetic Interference. 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, is prohibited.

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-2 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-2 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.

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, shall be screened from view of adjacent property located in a residential or commercial zone and from public streets, and must 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 the 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 shall be conducted entirely within an enclosed fence, wall, or other solid screen. The solid screen shall be constructed so that no outdoor storage is visible from an adjacent property or public right-of-way. Materials may not be piled against the fence or higher than the height of the fence; and

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

(4) Mosquito abatement measures shall 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 shall be provided as required by Chapter 165.

14. 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.

A. Location.

(1) Screening shall 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.

(2) 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 effectively obscure all off-street parking, loading, storage, or other such areas of activity from view within the lot lines of the residential zone or school.

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

B. Materials.

(1) Outdoor storage must be conducted entirely within an enclosed fence, wall, or other solid screen. The solid screen shall be constructed in such a manner that no outdoor storage is visible from an adjacent property or public right-of-way. Materials shall not be piled against the fence or higher than the height of the fence.

(2) 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 a manner so that sand and saltwater runoff will not damage the screening.

(3) 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.

C. 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, shall 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 shall provide screening as described herein.

D. Maintenance. The owner shall 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.