Part 7 — ML LIMITED MANUFACTURING ADMINISTRATION AND RESEARCH ZONE DISTRICT

The purpose of the ML Zone is to provide an environment suitable for the establishment of administrative offices of business and industrial concerns, scientific research offices and laboratories, restricted manufacturing and appurtenant uses compatible to the development of an industrial park, and to provide for special needs housing in the form of emergency shelters. The restrictions and conditions applied to this zone shall be those designed to develop a park-like atmosphere which will be conducive to the erection of industrial buildings pleasing in appearance and which will harmonize with other surrounding land uses.

('64 Code, § 45.00; Am. Ord. 1050, passed 12-12-13)

Cross reference— Penalty, see § 10.97

The following are the principal uses in the ML Zone:

(A)

Administrative or executive offices of commercial, financial or industrial establishments (except those uses involved in the selling, serving or storage of alcoholic beverages which shall be subject to the requirements of § 155.628).

(B)

Scientific research and experimental development laboratories.

(C)

Clinics, doctors, engineering, industrial design and other professional offices.

(D)

The assembly and repair of electrical equipment and appliances, electronic instruments and devices such as television and radio equipment.

(E)

The manufacture, processing and packaging of pharmaceuticals, drugs, toiletries and cosmetics, except soap.

(F)

Television and radio broadcasting studios.

(G)

Manufacture of scientific, optical, medical, dental and drafting instruments, orthopedic and medical appliances, watches and clocks, precision instruments, musical instruments, cameras and photographic equipment, except film.

(H)

Blueprinting, photocopying, film processing, printing, engraving and lithographing.

(I)

Business service establishments, such as electronic computer facilities and addressing service.

(J)

The manufacturing, assembling, compounding, packaging and processing of articles or products from the following previously prepared materials:

(1)

Asbestos.

(2)

Bone.

(3)

Bristles.

(4)

Canvas.

(5)

Cellophane.

(6)

Cloth.

(7)

Cork.

(8)

Feathers.

(9)

Felt.

(10)

Fiber.

(11)

Fur.

(12)

Glass.

(13)

Hair.

(14)

Horns.

(15)

Leather (excluding any etching, burning or other odorous operations).

(16)

Paints (excluding any boiling process).

(17)

Paper.

(18)

Plastics (excluding any melting or odorous processes).

(19)

Shells.

(20)

Textiles.

(21)

Tobacco.

(22)

Yarn.

(K)

Manufacturing, compounding, processing, canning or packaging of products such as:

(1)

Bakery goods.

(2)

Candy and soft drinks.

(3)

Dairy products.

(4)

Food products (excluding fish and meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats and oils).

(L)

Manufacture of ceramic products, such as pottery, figurines and small glazed tile, utilizing only previously pulverized clay; and provided, that kilns are fired only by electricity or gas.

(M)

Manufacture and assembly of electrical equipment and supplies, such as coils, condensers, lamps, switches, wire and cable assembly.

(N)

Electric distribution substations, electric transmission substations and public utility buildings.

(O)

Manufacture of cutlery, hardware, hand tools and kitchen utensils.

(P)

Catering services.

(Q)

Mattress manufacture, repair, rebuilding and recovering.

(R)

Banks.

(S)

Telephone district offices.

(T)

Advertising agencies.

(U)

Warehouses (except those uses involved in the selling, serving or storage of alcoholic beverages which shall be subject to the requirements of § 155.628).

(V)

Machinery sales and service, including turbocharges (excluding motor vehicles).

(W)

Production of precious or semiprecious metals or stones (excluding the dressing, grinding or cutting of metals or stones).

(X)

Production of investment castings.

(Y)

The processing and packaging of seeds.

(Z)

Trade union halls, clubs and similar facilities (except those uses involved in the selling, serving or storage of alcoholic beverages which shall be subject to the requirements of § 155.628).

(AA)

Extrusion of plastic (excluding any melting or odorous process).

(BB)

Continuous filament lamination of fiberglass products.

(CC)

Manufacturing of candles.

(DD)

Trade union halls, dubs, including service clubs, veterans organizations, lodges and similar non-profit organizations (except those uses involved in the selling, serving or storage of alcoholic beverages which shall be subject to the requirements of § 155.628).

(EE)

The sale of office furniture, equipment and supplies.

(FF)

The assembly and testing of small landscaping and gardening equipment, including lawnmowers, edgers, weed and bush cutters and trimmers.

(GG)

Research, development, and assembly of synchronized air hydraulic life systems.

(HH)

Emergency shelters in conformance with § 155.629.1 of miscellaneous uses.

(II)

Other similar uses which the Commission, after study and deliberation, finds not to be inconsistent with the purposes of this section, and which would be similar to the uses listed as permitted uses, and which would be compatible to these uses.

('64 Code, § 45.01; Am. Ord. 358, passed 7-10-69; Am. Ord. 501, passed 6-24-75; Am. Ord. 700, passed 9-11-86; Am. Ord. 834, passed 2-24-94; Am. Ord. 1050, passed 12-12-13)

Cross reference— Business regulations; permits, see Title XI; Conditional use permits, see §§ 155.710 - 155.724

§ 155.182 - ACCESSORY USES.

The following accessory uses are permitted in the ML Zone:

(A)

Storage buildings and the outdoor storage of materials, products, and equipment incidental to a permitted use.

(B)

Restaurant, cafe or cafeteria, operated in conjunction with a permitted use for the convenience of persons employed upon the premises (except those uses involved in the selling, serving or storage of alcoholic beverages which shall be subject to the requirements of § 155.628).

(C)

One dwelling unit on the same parcel of land as a permitted use needing continual supervision, to be occupied exclusively by a superintendent or a caretaker and his family.

(D)

Employee recreational facilities and play areas.

(E)

Commercial sales and service incidental to a principal permitted use.

(F)

Other accessory uses and buildings customarily appurtenant to a permitted use.

('64 Code, § 45.02; Am. Ord. 700, passed 9-11-86; Ord. 834, passed 2-24-94)

The following uses shall be permitted in the ML Zone only after a valid conditional use permit has first been issued:

(A)

Public, private or quasi-public uses of an educational or recreational nature.

(B)

Hospitals, nursing homes and sanitariums.

(C)

Business, technical trade or professional schools.

(D)

Public utility service yards.

(E)

Restaurants, cafes or cafeterias.

(F)

Service stations.

(G)

Highway patrol offices and appurtenant facilities.

(H)

Manufacture and assembly of ornamental window guards, stair and hand railings, gates, and fences.

(I)

Other commercial and service type uses which the Commission, after deliberation and study, finds are needed to serve the ML Zone, and which will not interfere with the industrial park atmosphere the ML Zone is intended to create.

('64 Code, § 45.03; Am. Ord. 358, passed 7-10-69; Am. Ord. 568, passed 10-25-79; Am. Ord. 700, passed 9-11-86; Am. Ord. 1058, passed 8-28-14)

Cross reference— Penalty, see § 10.97

§ 155.184 - PROPERTY DEVELOPMENT STANDARDS.

The following property development standards shall apply in the ML Zone. In addition, the property development standards set forth in §§ 155.445 through 155.463 shall apply.

('64 Code, § 45.04)

Cross reference— Penalty, see § 10.97

§ 155.185 - LOT AREA, WIDTH AND DEPTH.

(A)

The minimum lot area shall be 25,000 square feet.

(B)

Each lot shall have a frontage of not less than 100 feet.

(C)

Each lot shall have a depth of not less than 150 feet.

('64 Code, §§ 45.05—45.07)

Cross reference— Penalty, see § 10.97

Residential uses are not permitted in the ML Zone except for emergency shelters cited under § 155.181 and accessory uses under § 155.182.

('64 Code, § 45.08; Am. Ord. 1050, passed 12-12-13)

Cross reference— Penalty, see § 10.97

No building or structure erected in the ML Zone shall have a height greater than 50 feet, except in accordance with the provisions of §§ 155.385 through 155.598 of this chapter.

('64 Code, § 45.09)

Cross reference— Penalty, see § 10.97

Each lot shall have a front yard of not less than 30 feet extending across the full width of the lot, except where adjoining an agricultural or residential zone, school or park, in which case the front yard shall be not less than 50 feet. Notwithstanding this provision, on any lot containing a building with a height greater than the minimum front yard setback distance of the lot, the front yard setback shall be one foot for each foot of building height or portion thereof.

('64 Code, § 45.10; Am. Ord. 358, passed 7-10-69; Am. Ord. 925, passed 6-27-02)

Cross reference— Penalty, see § 10.97

§ 155.189 - SIDE YARD.

None required, except where adjoining an agricultural or residential zone, school or park or a dedicated street, in which case a side yard of not less than 30 feet shall be required. Notwithstanding this provision, on any lot containing a building with a height greater than the minimum side yard setback distance of the lot, the front yard setback shall be one foot for each foot of building height or portion thereof.

('64 Code, § 45.11; Am. Ord. 358, passed 7-10-69; Am. Ord. 925, passed 6-27-02)

Cross reference— Penalty, see § 10.97

§ 155.190 - REAR YARD.

None required, except where adjoining an agricultural or residential zone, school or park or dedicated street, in which case a rear yard of not less than 30 feet shall be required. Notwithstanding this provision, on any lot containing a building with a height greater than the minimum rear yard setback distance of the lot, the front yard setback shall be one foot for each foot of building height or portion thereof.

('64 Code, § 45.12; Am. Ord. 358, passed 7-10-69; Am. Ord. 925, passed 6-27-02)

Cross reference— Penalty, see § 10.97

Certain encroachments shall be permitted in required yard areas. The type of encroachments and the distance they may extend into yard areas are set forth in the provisions of §§ 155.385 through 155.598 of

this chapter.

('64 Code, § 45.13)

Cross reference— Penalty, see § 10.97

There are no requirements for the distance between buildings.

('64 Code, § 45.15)

§ 155.193 - MINIMUM SIZE OF BUILDINGS.

There are no requirements for the minimum size of buildings.

('64 Code, § 45.16)

The maximum building coverage shall not exceed 50 percent of the total lot area.

('64 Code, § 45.17)

Cross reference— Penalty, see § 10.97

Fences, hedges and walls shall be permitted; except, that in a required front yard or required side or rear yard where adjoining a dedicated street, the height shall not exceed 3 1/2 feet.

('64 Code, § 45.17.1; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

On those sides of property in the ML Zone which adjoin an agricultural or residential zone, school or park, a solid masonry wall not less than six feet in height nor less than eight inches in thickness shall be built and maintained along the side and rear property lines adjoining said agricultural or residential zone, school or park; except, that said wall shall be 3 1/2 feet where it adjoins the front yard setback area. Said wall need not be installed until the property is developed for ML uses. The required wall may be replaced by suitable landscaping of a screening nature, approved by the Director of Planning and Development and continuously maintained in good condition in accordance with the provisions of §§ 155.545 through 155.559 of this chapter.

('64 Code, § 45.18; Am. Ord. 358, passed 7-10-69; Am. Ord. 501, passed 6-24-75)

Cross reference— Penalty, see § 10.97

§ 155.197 - REQUIRED OFF-STREET PARKING AND LOADING.

Off-street parking and loading facilities shall be provided in accordance with the provisions of §§ 155.475 through 155.502 of this chapter.

('64 Code, § 45.19)

Cross reference— Penalty, see § 10.97

Access to required off-street parking facilities shall be provided in accordance with the provisions of §§ 155.475 through 155.502 of this chapter.

('64 Code, § 45.20)

Cross reference— Penalty, see § 10.97

§ 155.199 - SIGNS.

No signs shall be permitted in the ML Zone except in accordance with the following provisions. The provisions of §§ 155.515 through 155.536 regarding signs shall also apply:

(A)

The total sign area allowed shall be limited to an area determined by the lineal feet of building frontage or to a percentage of the total area of the street facing building elevation, in accordance with the following: three square feet of sign area for each lineal foot of building frontage, or ten percent of the street facing building elevation area, whichever is greater.

(B)

Signs shall contain only subject matter which refers to the name of the establishment or its services, or to products produced or sold on the premises upon which the sign is located.

(C)

Signs shall be limited to building wall signs, fascia signs and monument signs except that freestanding architect or builders direction signs or signs pertaining to the sale, lease or rental of the site or structure on the site shall be permitted provided all other requirements of this section are complied with. Wall signs shall not extend above the roof line of a building or above a parapet wall around the roof nor project more than one foot from the building wall.

(D)

Monument signs shall be limited to one such sign for each separate lot or one such sign for each three acres of land comprising the lot whichever is greater. The maximum number of monument signs shall be limited to four such signs regardless of the size of the lot served. Monument signs shall not exceed 40 square feet in area or a height of five feet and shall be spaced at intervals of not less than 100 feet along the street frontage of the lot served and not less than 50 feet from a monument sign located on an adjacent lot. Monument sign(s) shall only contain subject matter identifying the name of the industrial park or center and/or the name(s) of the establishment on the premises upon which the sign is located.

(E)

Architect's or builder's signs, or temporary tract signs, shall be permitted in accordance with the provisions of §§ 155.515 through 155.536.

(F)

Direction signs, each not exceeding six square feet in area, shall be permitted in connection with off-street parking and loading facilities.

(G)

Two signs, each not exceeding 16 square feet in area and located not closer than 50 feet apart, shall be permitted as a temporary use pertaining to the sale, lease or rental of the site or structures on the site. The said sign(s) shall be removed from the site upon occupancy of the site, structure or unit.

(H)

Signs which move or have moving parts or flashing lights shall not be permitted.

('64 Code, § 45.21; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

§ 155.200 - LANDSCAPING.

The following landscaping provisions shall apply in the ML Zone. In addition, the landscaping provisions of §§ 155.545 through 155.559 shall apply:

(A)

Where an ML Zone adjoins a dedicated street, a minimum area equivalent to 25 square feet for each lineal foot of primary frontage on said street shall be suitably landscaped and maintained. In addition, all parking areas shall have landscaping installed equivalent to six percent of the total parking area. This landscaping shall be distributed so that 50 percent of the landscaping is located around the perimeter of the parking area, and the balance located within the parking area. Said landscaping shall be located on private property behind the planned street width line and shall be clearly visible from the street frontage.

(B)

For property with frontage on a major or secondary highway, the front yard landscaping area shall consist of a grass lawn with undulating earth berms two to three feet in height and minimum 24-inch box trees.

(C)

On lots fronting a local street, a minimum 15 feet wide landscaping strip shall be required between the onsite parking area and the property line adjoining a public street, excepting locations for driveways. On lots fronting a major or secondary highway, the said landscaping strip shall be 20 feet in width.

(D)

The public parkway adjoining the lot shall be improved with a sidewalk and/or landscaping including public street trees in accordance with the requirements of the Director of Public Works.

(E)

Where fences or walls, including building walls, are located within 30 feet of a public street, the entire area between the public street and fence, wall or building wall shall be landscaped, excepting locations for driveways.

(F)

Concrete curbs a minimum six inches in height shall be installed along the borders of all on-site landscaped areas adjoining driveways, off-street parking and loading areas and other similar improvements.

(G)

The Planning Commission shall have the authority to grant a temporary waiver of required landscaping in accordance with the provisions of § 155.557.

('64 Code, § 45.22; Am. Ord. 358, passed 7-10-69; Am. Ord. 367, passed 12-11-69; Am. Ord. 700, passed 9-11-86; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

§ 155.201 - OTHER REQUIRED CONDITIONS.

The following additional conditions shall apply in the ML Zone:

(A)

Development plan approval as specified in §§ 155.735 through 155.747 is required of all structures and uses in this zone.

(B)

All roof-mounted mechanical equipment and/or duct work which projects above the roof or roof parapet of a building and is visible from adjacent property or a public street at ground level shall be screened by an enclosure which is consistent with the architecture of the building.

(C)

All exterior walls of buildings shall be either painted or surfaced with decorative materials. Gutters, downspouts, vents, louvers, exposed flashing, doors and other building elements shall be painted consistent with the color scheme of the building.

(D)

All uses shall be conducted within a completely enclosed building except as follows:

(1)

Off-street parking and loading facilities.

(2)

The outdoor storage of materials, products, and equipment, when such storage is an accessory use and is screened on all sides by a minimum six-foot-high solid fence, wall, compact landscaping or structures, adequate to completely conceal such storage from view from adjacent properties and public streets and conducted in a neat and orderly manner.

(3)

Outdoor uses permitted by conditional use permit.

(4)

Electrical distribution stations.

(E)

All buildings and/or uses on property shall be provided with outdoor trash and refuse storage areas sufficient to provide adequate, safe, and efficient storage of waste and refuse expected to be produced. A minimum of one such outdoor trash and refuse area not less than 4 1/2 feet in width and six feet in length shall be provided for each building and/or use on property; however, the Director of Planning and Development may require additional storage areas if determined necessary to adequately serve any building and/or use. All outdoor trash and refuse storage areas shall be screened from view on all sides by a solid fence, wall or structure a minimum of five feet in height and shall be located so as to be readily accessible to users and collection personnel.

('64 Code, § 45.23; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86; Ord. 822, passed 3-1193)

Cross reference— Penalty, see § 10.97

§ 155.202 - PRINCIPAL PERMITTED USES - TELEGRAPH ROAD CORRIDOR.

Notwithstanding the list of uses set forth in § 155.181, the following are the principal permitted uses in the ML Zone, for properties with frontage on Telegraph Road:

(A)

Administrative or executive offices of commercial, financial or industrial establishments.

(B)

Scientific research and experimental development laboratories.

(C)

Clinics, doctors, engineering, industrial design and other professional offices.

(D)

The assembly and repair of electrical equipment and appliances, electronic instruments and devices such as television and radio equipment.

(E)

The manufacture, processing and packaging of pharmaceuticals, drugs, toiletries and cosmetics, except soap.

(F)

Television and radio broadcasting studios.

(G)

Manufacture of scientific, optical, medical, dental and drafting instruments, orthopedic and medical appliances, watches and clocks, precision instruments, musical instruments, cameras and photographic equipment, except film.

(H)

Blueprinting, photocopying, film processing, printing, engraving and lithographing.

(I)

Business service establishments, such as electronic computer facilities and addressing service.

(J)

The manufacturing, assembling, compounding, packaging and processing of articles or products from the following previously prepared materials:

(1)

Canvas.

(2)

Cloth.

(3)

Glass.

(K)

Manufacturing, compounding, processing, canning or packaging of products such as:

(1)

Bakery goods.

(2)

Candy and soft drinks.

(3)

Dairy products.

(4)

Food products (excluding fish and meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats and oils).

(L)

Manufacture of cutlery, hardware, hand tools and kitchen utensils.

(M)

Catering services.

(N)

Banks.

(O)

Telephone district offices.

(P)

Advertising agencies.

(Q)

Warehouses (except those uses involved in the selling, serving or storage of alcoholic beverages which shall be subject to the requirements of § 155.628 of the City Code).

(R)

Trade union halls, clubs and similar facilities (except those uses involved in the selling, serving or storage of alcoholic beverages which shall be subject to the requirements of § 155.628 of the City Code).

(S)

The sale of office furniture, equipment and supplies.

(T)

Research, development, and assembly of synchronized air hydraulic lift systems.

(U)

Other similar uses which the Commission, after study and deliberation, finds not to be inconsistent with the purposes of this section, and which would be similar to the uses listed as permitted uses, and which would be compatible to these uses.

(Ord. 952, passed 2-26-04)

Notwithstanding the list of uses set forth in section 155.182, the following are the accessory uses permitted in the ML Zone, for properties with frontage on Telegraph Road:

(A)

Restaurant, café or cafeteria, operated in conjunction with a permitted use for the convenience of persons employed upon the premises (except those uses involved in the selling, serving or storage of alcoholic beverages which shall be subject to the requirements of § 155.628).

(B)

Employee recreational facilities and play areas.

(C)

Commercial sales and service incidental to a principal permitted use.

(Ord. 952, passed 2-26-04)

Notwithstanding the list of uses set forth in § 155.183, the following are the uses permitted in the ML Zone, for properties with frontage on Telegraph Road, only after a valid conditional use permit has first been issued:

(A)

Public, private or quasi-public uses of an educational or recreational nature.

(B)

Business, technical trade or professional schools.

(C)

Restaurants, cafés or cafeterias.

(D)

Other commercial and service type uses which the Commission, after deliberation and study, finds are needed to serve the ML Zone, and which will not interfere with the industrial park atmosphere the ML Zone is intended to create.

(Ord. 952, passed 2-26-04; Am. Ord. 1058, passed 8-28-14)

Part 8. - M-1 LIGHT MANUFACTURING ZONE DISTRICT

The purpose of the M-1 Zone is to provide appropriately located areas for the establishment of light industrial plants and related activities and to promote the concentration of such uses in a manner which will foster mutually beneficial relationships with each other, as well as with the areas of the city zoned for heavy industrial development. The regulation of uses and standards of development set forth for the M-1 Zone are those deemed necessary to provide the proper environment for the efficient and desirable use of light industrial land and to provide the proper safeguards to protect nearby residential, commercial and public uses.

('64 Code, § 46.00)

The following are the principal permitted uses in the M-1 Zone:

(A)

Any of the principal uses permitted in the ML Zone District.

(B)

Machine shops and such uses as the following:

(1)

Blacksmith shops.

(2)

Grinding shops.

(3)

Electroplating shops.

(4)

Polishing shops.

(5)

Sheet-metal shops.

(6)

Cabinet or carpenter shops.

(7)

Welding shops.

(8)

Tinsmith shops.

(9)

Anodizing shops.

(10)

Metal engraving shops.

(11)

Metal finishing and plating shops.

(12)

Die and pattern making shops.

(C)

Plumbing, heating or electrical shops.

(D)

Building material and hardware sales.

(E)

Furniture manufacturing and upholstery.

(F)

Ice manufacture and storage, frozen food lockers and cold-storage plants.

(G)

Equipment rentals.

(H)

Cleaning and dyeing plants, laundries, linen and towel service.

(I)

Reserved.

(J)

Real estate, business and professional offices.

(K)

Animal hospitals and veterinary clinics, when located 100 feet or more from any residential zone, school or park, provided all operations except incidental storage, are conducted within a completely enclosed building.

(L)

Employment agencies.

(M)

Service Stations.

(N)

Petroleum bulk plants.

(O)

Repair garages, body and fender works and auto painting, providing all work is conducted within a completely enclosed structure.

(P)

Retreading and recapping of tires.

(Q)

Automobile agency, new or used, automobile accessory and parts store, automobile laundry or car wash, brake relining shops, muffler shops, upholstery and top shops.

(R)

Creameries.

(S)

Agricultural, uses but excluding dairies, stockyards, slaughter of animals and manufacture of fertilizer.

(T)

Agricultural supplies and equipment, sales and service.

(U)

Sign painters.

(V)

Taxidermy shops.

(W)

Tree surgeons.

(X)

Parcel delivery service.

(Y)

Repair and fix-it shops.

(Z)

Parking lots, commercial.

(AA)

Janitorial service.

(BB)

Detective and security patrol service.

(CC)

Cabstands.

(DD)

Assembly of pickup camper bodies.

(EE)

Manufacture of paints (excluding any boiling processes).

(FF)

Manufacture of plastics (excluding any melting or odorous processes).

(GG)

Storage and servicing of vending machines.

(HH)

Restaurants, cafes, coffee shops, cafeterias or take-out restaurants (except those uses involved in the selling, serving or storage of alcoholic beverages which shall be subject to the requirements of § 115.628).

(II)

Highway patrol offices and appurtenant facilities.

(JJ)

Heat treating and brazing of small tools and dies, provided furnaces are atmospherically controlled and do not exceed a length and width of five feet respectively and a height of five feet.

(KK)

Fabrication and distribution of items made from previously prepared polyethylene foam, foam rubber and similar materials.

(LL)

Sale and service of new and used boats, provided all requirements of § 155.657 are met.

(MM)

Blending and canning of lubricating oils.

(NN)

Aquatic nurseries, provided all operations are conducted within an enclosed building.

(OO)

Manufacturing, compounding or processing of soap excluding any boiling, melting or odorous processes.

(PP)

Manufacturing of welding rods.

(QQ)

Manufacturing of adhesives and hot melt tapes.

(RR)

Other similar uses which the Commission, after study and deliberation, finds not to be inconsistent with the purposes of this section, and which would be similar to uses listed as permitted uses, and which would not be incompatible with those uses.

('64 Code, § 46.01; Am. Ord. 289, passed 3-10-66; Am. Ord. 501, passed 6-24-75; Am. Ord. 700, passed 9-11-86; Ord. 834, passed 2-24-94; Am. Ord. 1118, passed 9-7-21)

Cross reference— Business regulations; permits, see Title XI; Conditional use permits, see §§ 155.710 - 155.724

§ 155.212 - ACCESSORY USES.

The following accessory uses are permitted in the M-1 Zone:

(A)

One dwelling unit on the same parcel of land as a permitted use needing continual supervision, to be occupied exclusively by a superintendent or a caretaker and his family.

(B)

Employee recreational facilities and play areas.

(C)

Commercial sales and service incidental to a principal permitted use.

(D)

Storage buildings incidental to a permitted use.

(E)

The keeping, for personal use, of no more than two horses and their foals up to the age of one year, per acre of land.

(F)

Other accessory uses and buildings customarily appurtenant to a permitted use.

('64 Code, § 46.02; Am. Ord. 289, passed 3-10-66; Am. Ord. 501, passed 6-24-75)

The following uses shall be permitted in the M-1 Zone only after a valid conditional use permit has first been issued:

(A)

Public, private or quasi-public uses of an educational or recreational nature.

(B)

Oil and gas exploration, drilling, production and storage.

(C)

Cold rolled reduction of steel and the annealing of steel.

(D)

Heliports, airports and landing strips.

(E)

Dairies.

(F)

Wholesale produce markets.

(G)

Water-pumping and treatment plants.

(H)

Convenience grocery markets but excluding supermarkets.

(I)

Business, technical, trade or professional schools.

(J)

Public utility service yards.

(K)

Manufacture of cleaning compounds.

(L)

Drive-in restaurants, ice cream and refreshment stands.

(M)

Kennels and animal pounds.

(N)

Manufacturing of industrial burners.

(O)

Mini-warehouses.

(P)

Automobile auctions.

(Q)

Aquatic nurseries when such operations are not conducted within an enclosed building.

(R)

Stables and the keeping of horses other than as allowed as an accessory use.

(S)

Motorcycle sales, service and repair.

(T)

Foundries with furnaces not exceeding a capacity of 500 pounds per furnace or with a combined capacity not in excess of 1,000 pounds.

(U)

Wine tasting facility where related to storage, warehousing and/or distribution.

(V)

Motor vehicle inspection/testing station.

(W)

Open storage yards, except those otherwise listed as a principal permitted use or a conditional use.

(X)

Commercial and service type uses which the Commission, after study and deliberation, finds are needed to serve the M-1 Zone, and which will not interfere with the orderly development of the industrial area, and not be incompatible with industrial uses.

(Y)

Businesses conducting amusement, entertainment or burlesque activities, as defined in § 155.003 of this chapter (subject to compliance with § 155.723(A)).

('64 Code, § 46.03; Am. Ord. 289, passed 3-10-66; Am. Ord. 568, passed 10-25-79; Am. Ord. 700, passed 9-11-86; Am. Ord. 801, passed 10-3-91; Am. Ord. 1058, passed 8-28-14)

§ 155.214 - PROPERTY DEVELOPMENT STANDARDS.

The following property development standards shall apply to the M-1 Zone. The provisions of §§ 155.445 through 155.463 shall apply.

('64 Code, § 46.04)

Cross reference— Penalty, see § 10.97

§ 155.215 - LOT AREA, WIDTH AND DEPTH.

(A)

There are no requirements for lot area.

(B)

Each lot shall have a frontage of not less than 50 feet; except, that where adjacent to a residential zone, school or park, the width shall be not less than 70 feet.

(C)

There are no requirements for lot depth.

('64 Code, §§ 46.05—46.07)

Cross reference— Penalty, see § 10.97

§ 155.216 - POPULATION DENSITY.

Residential uses are not permitted in the M-1 Zone.

('64 Code, § 46.08)

Cross reference— Penalty, see § 10.97

§ 155.217 - BUILDING HEIGHT.

No building or structure erected in the M-1 Zone shall have a height greater than 50 feet, except in accordance with the provisions of §§ 155.385 through 155.598 of this chapter.

('64 Code, § 46.09)

Cross reference— Penalty, see § 10.97

§ 155.218 - FRONT YARD.

Each lot shall have a front yard of not less than 20 feet extending across the full width of the lot, except that where adjoining a major or secondary highway, or a street adjoining a freeway, the front yard shall be 30 feet. Notwithstanding this provision, on any lot containing a building with a height greater than the minimum front yard setback distance of the lot, the front yard setback shall be one foot for each foot of building height or portion thereof.

('64 Code, § 46.10; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86; Am. Ord. 746, passed 4-13-89; Am. Ord. 890, passed 9-10-98; Am. Ord. 925, passed 6-27-02)

Cross reference— Penalty, see § 10.97

§ 155.219 - SIDE YARD.

None required, except that where adjoining a local street, a side yard of not less than 20 feet shall be required. Lots adjoining a major or secondary highway, or a street adjoining a freeway, shall have a side yard of not less than 30 feet. Notwithstanding this provision, on any lot containing a building with a height greater than the minimum side yard setback distance of the lot, the front yard setback shall be one foot for each foot of building height or portion thereof.

('64 Code, § 46.11; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86; Am. Ord. 746, passed 4-13-89; Am. Ord. 890, passed 9-10-98; Am. Ord. 925, passed 6-27-02)

Cross reference— Penalty, see § 10.97

None required; except that where adjoining a local street, a rear yard of not less than 20 feet shall be required. Lots adjoining a major or secondary highway, or a street adjoining a freeway, shall have a rear yard of not less than 30 feet. Notwithstanding this provision, on any lot containing a building with a height greater than the minimum rear yard setback distance of the lot, the front yard setback shall be one foot for each foot of building height or portion thereof.

('64 Code, § 46.12; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86; Am. Ord. 746, passed 4-13-89; Am. Ord. 890, passed 9-10-98; Am. Ord. 925, passed 6-27-02)

Cross reference— Penalty, see § 10.97

§ 155.221 - PERMITTED ENCROACHMENTS IN REQUIRED YARDS.

Certain encroachments shall be permitted in required yard areas. The types of encroachments and the distance they may extend into yard areas are set forth in §§ 155.385 through 155.598 of this chapter.

('64 Code, § 46.13)

Cross reference— Penalty, see § 10.97

§ 155.222 - DISTANCE BETWEEN BUILDINGS.

There are no requirements for the distance between buildings.

('64 Code, § 46.14)

§ 155.223 - MINIMUM SIZE OF BUILDINGS.

There are no requirements for the minimum size of buildings.

('64 Code, § 46.15)

§ 155.224 - LOT COVERAGE.

There are no requirements for lot coverage.

('64 Code, § 46.16)

§ 155.225 - PERMITTED FENCES, HEDGES AND WALLS.

Fences, hedges and walls shall be permitted; except, that in a required front yard or required side or rear yard where adjoining a dedicated street, the height shall not exceed 3 1/2 feet.

('64 Code, § 46.16.1; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

On those sides of property in the M-1 Zone which adjoin an agricultural or residential zone, school or park, a solid masonry wall not less than six feet in height nor less than eight inches in thickness shall be built and maintained along the property lines adjoining said agricultural or residential zones, school or park; except, that said wall shall be 3 1/2 feet in height where it adjoins the front yard setback area. Said wall need not be installed until the property is developed for M-1 uses. The required wall may be replaced by suitable landscaping of a screening nature, approved by the Director of Planning and Development and continuously maintained in good condition in accordance with the provisions of §§ 155.545 through 155.559 of this chapter.

('64 Code, § 46.17; Am. Ord. 358, passed 7-10-69; Am. Ord. 501, passed 6-24-75)

Cross reference— Penalty, see § 10.97

§ 155.227 - REQUIRED OFF-STREET PARKING AND LOADING.

Off-street parking and loading facilities shall be provided in accordance with the provisions of §§ 155.475 through 155.502 of this chapter.

('64 Code, § 46.18)

Cross reference— Penalty, see § 10.97

Access to required off-street parking facilities shall be provided in accordance with the provisions of §§ 155.475 through 155.502 of this chapter.

('64 Code, § 46.19)

Cross reference— Penalty, see § 10.97

§ 155.229 - SIGNS.

(A)

Reserved.

(B)

No signs shall be permitted in the M-1 Zone except in accordance with the following provisions. The general provisions of §§ 155.515 through 155.536 regarding signs shall also apply:

(1)

The total sign area allowed shall be limited to an area determined by the lineal feet of building frontage or to a percentage of the total area of the street facing building elevation, in accordance with the following: three square feet of sign area for each lineal foot of building frontage, or ten percent of the street facing building

elevation area, whichever is greater. For uses where there is no building, the maximum sign area allowed shall be 40 square feet.

(2)

Signs which contain subject matter other than that referring to the name of the establishment or its services, or to products produced or sold on the premises upon which the sign is located, shall be permitted only when in compliance with the provision of §§ 155.515 through 155.536.

(3)

Signs on buildings shall be limited to wall signs and fascia signs. Wall signs shall not extend above the roof line of a building or above a parapet wall around the roof nor project more than one foot from the building wall.

(4)

On lots adjoining major highways, signs shall be limited to monument signs, building wall signs, and fascia signs, except that freestanding center signs shall be permitted in accordance with § 155.525 of this chapter and except that freestanding signs other than those specifically permitted by this section shall be permitted if authorized by a valid conditional use permit. The Planning Commission shall establish criteria and conditions for the approval of conditional use permits for freestanding signs.

(5)

Freestanding signs and monument signs shall be spaced at intervals of not less than 100 feet along the street frontage of the lot served and not less than 50 feet from a freestanding or monument sign located on an adjacent lot.

(6)

Freestanding signs shall not exceed 40 square feet in area or a height of 20 feet, except for freestanding center signs as provided in § 155.525 of this chapter. Monument signs shall not exceed 40 square feet in area or a height of five feet.

(7)

Architect's or builder's signs, or temporary tract signs, shall be permitted in accordance with the provisions of §§ 155.515 through 155.536.

(8)

Direction signs, each not exceeding six square feet in area, shall be permitted in connection with off-street parking and loading facilities.

(9)

Two signs, each not exceeding 16 square feet in area and located not closer than 50 feet apart, shall be permitted as a temporary use pertaining to the sale lease or rental of the site or structures on the site. The said sign(s) shall be removed from the site upon occupancy of the site, structure or unit.

(10)

Signs which move or have moving parts or flashing lights shall not be permitted.

('64 Code, § 46.20; Am. Ord. 358, passed 7-10-69; Am. Ord. 473, passed 1-23-75; Am. Ord. 700, passed 9-11-86; Am. Ord. 1118, passed 9-7-21)

Cross reference— Penalty, see § 10.97

§ 155.230 - LANDSCAPING.

The following landscaping provisions shall apply in the M-1 Zone. In addition, the landscaping provisions of §§ 155.545 through 155.559 shall apply:

(A)

Where an M-1 Zone adjoins a dedicated street, a minimum area equivalent to 25 square feet for each lineal foot of frontage on said street shall be suitably landscaped and maintained. In addition, all parking areas shall have landscaping installed equivalent to six percent of the total parking area. This landscaping shall be distributed so that 50 percent of the landscaping is located around the perimeter of the parking area, and the balance located within the parking area. Said landscaping shall be located on private property behind the planned street width line and shall be clearly visible from the public street.

(B)

For property with frontage on a major or secondary highway, the front yard landscaping area shall consist of a grass lawn with undulating earth berms two to three feet in height and minimum 24-inch box trees.

(C)

On lots fronting a local street, a minimum 15 feet wide landscaping strip shall be required between the onsite parking area and the property line adjoining a public street, excepting locations for driveways. On lots fronting a major or secondary highway, the said landscaping strip shall be 20 feet in width.

(D)

The public parkway adjoining the lot shall be improved with a sidewalk and/or landscaping including public street trees in accordance with the requirements of the Director of Public Works.

(E)

Where fences or walls, including building walls, are located within 30 feet of a public street, the entire area between the public street and the fence, wall or building wall shall be landscaped, excepting locations for driveways.

(F)

Concrete curbs a minimum six inches in height shall be installed along the borders of all on-site landscaped areas adjoining driveways, off-street parking and loading areas and other similar improvements.

(G)

The Planning Commission shall have the authority to grant a temporary waiver of required landscaping in accordance with the provisions of § 155.557.

('64 Code, § 46.21; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

§ 155.231 - OTHER REQUIRED CONDITIONS.

The following additional conditions shall apply in the M-1 Zone:

(A)

All roof-mounted mechanical equipment and/or duct work which projects above the roof or roof parapet of a building and is visible from adjacent property or a public street at ground level shall be screened by an enclosure which is consistent with the architecture of the building.

(B)

All exterior walls of buildings shall be either painted or surfaced with decorative materials. Gutters, downspouts, vents, louvers, exposed flashing, doors and other building elements shall be painted consistent with the color scheme of the building.

(C)

Outdoor storage of materials, products, and equipment and any other outdoor use shall be conducted in a neat and orderly manner and shall be screened on all sides by a minimum six-foot-high solid fence, wall, compact landscaping or structures, adequate to completely conceal such storage or outdoor use from view from adjacent properties and public streets.

(D)

All buildings and/or uses on property shall be provided with outdoor trash and refuse storage areas sufficient to provide adequate, safe and efficient storage of waste and refuse expected to be produced. A minimum of one such outdoor trash and refuse area not less than 4 1/2 feet in width and six feet in length shall be provided for each building and/or use on property; however, the Director of Planning and Development may require additional storage areas if determined necessary to adequately serve any building and/or use. All outdoor trash and refuse storage areas shall be screened from view on all sides by a solid fence, wall or structure a minimum of five feet in height and shall be located so as to be readily accessible to users and collection personnel.

('64 Code, § 46.22; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86; Ord. 822, passed 3-1193)

Cross reference— Penalty, see § 10.97

§ 155.232 - PRINCIPAL PERMITTED USES - TELEGRAPH ROAD CORRIDOR.

Notwithstanding the list of uses set forth in § 155.211, the following are the principal permitted uses in the M-1 Zone, for properties with frontage on Telegraph Road:

(A)

Any of the principal uses listed in § 155.202.

(B)

Real estate, business and professional offices.

(C)

Employment agencies.

(D)

Restaurants, cafes, coffee shops, cafeterias or take-out restaurants (except those uses involved in the selling, serving or storage of alcoholic beverages which shall be subject to the requirements of § 115.628 of the City Code).

(E)

Other uses which the Commission, after study and deliberation, finds not to be inconsistent with the purposes of this section, and which would be similar to uses listed as permitted uses, and which would not be incompatible with those uses.

• (Ord. 952, passed 2-26-04)

§ 155.233 - ACCESSORY USES - TELEGRAPH ROAD CORRIDOR.

Notwithstanding the list of uses set forth in § 155.212, the following are the accessory uses permitted in the M-1 Zone, for properties with frontage on Telegraph Road:

(A)

Commercial sales and service incidental to a principal permitted use.

(B)

Other accessory uses and buildings customarily appurtenant to a permitted use.

(Ord. 952, passed 2-26-04)

Notwithstanding the list of uses set forth in § 155.213, the following are the uses permitted in the M-1 Zone, for properties with frontage on Telegraph Road, only after a valid conditional use permit has first been issued:

(A)

Public, private or quasi-public uses of an educational or recreational nature.

(B)

Business, technical, trade or professional schools.

(C)

Commercial and service type uses which the Commission, after study and deliberation, finds are needed to serve the M-1 Telegraph Road Corridor Overlay Zone, and which will not interfere with the orderly development of the industrial area, and not be incompatible with industrial uses.

(Ord. 952, passed 2-26-04; Am. Ord. 1058, passed 8-28-14)