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HomeMy WebLinkAboutOrdinance 502.58 L1-Light Industrial District ORDINANCE 502 – ZONING ORDINANCE Section 502.58: LI-LIGHT INDUSTRIAL DISTRICT Subd. 1: Intent. The Light Industrial District provides space for industrial activities involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a relatively low level of on-premise processing. These activities may include secondary commercial functions which are conducted on site. Subd. 2: Permitted Uses. The following use shall be permitted within the LI-Light Industrial District: a) Assembly plants and manufacturing enterprises of a wide variety of products that do not cause noxious odors or noise, including excessive users of water and sewer. Examples of such uses include: fabrication or assembly of small products such as opticals, electronics, pharmaceuticals, medical supplies and small equipment. b) Publishing establishments. c) Clothing or apparel manufacturing or assembly. d) Business incubator facilities. e) Bottling establishments. f) Dry cleaning and drying establishments. g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer, cabinets and similar word items. h) Building materials sales and storage/ lumberyards. i) Manufacturing of plastic, fiberglass and metal products. j) Mini-storage. k) Major automotive repair. l) Offices/showroom/retail space as a portion of the principal industrial use provided they do not exceed a combined 25 percent of the total square footage of the principal use. m) Appliance assembly and warehousing. 502.58-1 ORDINANCE 502 – ZONING ORDINANCE n) Industrial research laboratories. o) Manufacturing of small electrical parts and service. p) Newspaper and printing plants. q) Telecommunication facilities, base stations. r) Telemarketing and mail order establishments. s) Warehousing, of non-explosive material and equipment within the structure. t) Wholesale or distributor storage and distribution of non-hazardous materials. u) Wholesale water conditioning systems. v) Uses determined to be of a similar nature as those contained in this section upon a finding that the uses will not be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the Light Industrial District and subject to the all the requirements in this Section: a) Restaurant, lunch counters, confectioneries to serve the employees employed within the District. b) Residential structures and related residential uses necessary for security and safety reasons in relation to the principal use. c) Off-street parking and off-street loading. d) Outdoor storage as regulated in Section 502.12, Subd. 12. e) Office accessory to the principal use. f) Business identification signs as regulated in Subd. 11. g) Temporary buildings for construction purposes for a period not to exceed a period of 12 months. Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in this Ordinance. a) Adult Entertainment as regulated in Section 502.15 of this Ordinance. 502.58-2 ORDINANCE 502 – ZONING ORDINANCE b) Commercial activities relating to production systems, structural maintenance programs or the construction industry. c) Service structures, public or private, designed and used to serve the uses in the surrounding area, such as electric power substation, telephone buildings, deep wells, elevated tanks and similar structures and uses. d) Biotechnology and health science research, development, manufacturing, and/or production facilities including but not limited to devices, products, components, and services whether organic or inorganic in nature. e) Commercial/Industrial Planned Unit Development. f) When property within a Light Industrial District abuts County State Aid Highway 75: 1. Motels 2. Gasoline service stations 3. Restaurant or supper clubs 4. Drive-in establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. 5. Open sales or temporary rental lots g) Indoor Firing Range provided that: 1.The firing range shall not be located on any lot adjacent to an existing Residential, Educational/Ecclesiastical or Public District unless the facility is separated by a public right-of-way. 2.The firing Range shall not be located within one thousand (1,000) lineal feet, measured from building to building, of an existing firing range or establishment licensed to dispense intoxicating or non-intoxicating liquor, nor shall they be in a building that dispenses liquor. 3.The building and method of operation shall conform with the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, indoor sound levels, lead containment and outside noise standards. 502.58-3 ORDINANCE 502 – ZONING ORDINANCE 4.The design and construction of the firing range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap (s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. 5.No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range. 6.Firearms shall not be stored on the premises when the range is closed for Business, unless they are stored in a secured vault. 7.On-site supervision shall be supplied at all times by an adult with credentials as a range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises. 8.On site instruction shall be given only by Certified Firearms Instructors. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection at all times. 9.The transport of firearms on the premises, to the premises and from the premises shall conform to State Law. 10.Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class or using the facility provided they are supervised by an adult instructor. Subd. 5: Lot Area Requirements. a) Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one hundred (100) feet. b) Impervious surfaces shall not exceed 80% of the lot area. Impervious surfaces shall include all structures, parking spaces and driveway connecting the parking space with a street or alley. 502.58, Subd. 5, amended 1/07 Subd. 6: Setback Requirements. No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. Front Yard Setbacks. 502.58-4 ORDINANCE 502 – ZONING ORDINANCE a) Front yard setback shall be thirty (30) feet from the lot line. On corner lots, the setback from all lot lines abutting a street shall be thirty (30) feet. When an industrial district lot is separated from a residential zone by a city street, the setback from the lot line shall be one hundred (100) feet. b) Front yards abutting any roadway: the setback shall be landscaped as in accordance to the requirements of any applicable protective covenants and such reasonable requirements as established by the City, and shall not be used for parking. Side Yard Setbacks. a) Side yard setback shall be at least twenty-five (25) feet from the lot line. Development occurring on lots platted prior to January 1, 1999 shall be subject to the ten foot side yard setback requirement in effect at the time of platting. b) A Light Industrial District side yard adjacent to a residential boundary line shall provide for a landscaped strip of at least sixty (60) feet in width along the lot boundary line. A portion of this landscaped strip shall be planted to provide a screen. The governing body may require additional side yard setback in these cases. When such additional width is required, such additional width shall not exceed one hundred (100) feet and paring in this area will be permitted. c) Side yard boarding upon any roadway: the setback shall be landscaped in accordance with any applicable protective covenants and such reasonable requirements as established by the City. Rear Yard Setback. a) Rear yard setback shall be at least twenty (20) feet, which may be used for parking. Subd. 7: Height Requirements. a) No building constructed in any Light Industrial District shall be more than fifty- five (55) feet in height. Berming the building does not allow a building to be constructed higher than 55 feet. Elevation for the building shall be determined by the average grade of the land. Subd. 8: Site Coverage. No structure or combination of structures shall occupy more than 50 percent of the lot area. Subd. 9: Other Requirements. a) Parking Lots. All parking lots shall conform to the standards set forth in Section 502.10. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. 502.58-5 ORDINANCE 502 – ZONING ORDINANCE b) Loading Docks. All loading docks shall conform to the standards set forth in Section 502.10. No loading docks or overhead doors shall directly face County State Aid Highway 75. c) Building Exteriors. All construction of new facilities, excluding additions that are less than 30% of the existing structure, shall consist of pre-cast or cast tip up concrete walls, concrete block (painted or decorative), and stick built construction and shall include footings that meet the requirement of the MN State Building Code, in relation to frost protection. Pre-finished architectural metal panels, with a minimum twenty (20) year manufacturer color-fast warranty, may be used as a construction material. A minimum of twenty-five (25%) of the exterior building finish directly facing streets, exclusive of windows and doors, shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre-cast or cast in place concrete buildings shall provide the same amount of adornment. Accessory Building located in the rear yard or behind the principal structure, and not visible from the public right-of-way must have an exterior harmonious with the principal structure, all other accessory buildings must meet the 30% adornment requirement stated above. (*section subsequently renumbered) Updated 502.58, Subd. 9(c) on 1/2005 d) Every applicant for a permit develop or expand any industrial property in the City shall be required to submit a complete and accurate statement concerning the specific nature of the use to which the property is to be put and shall certify that the proposed use shall comply with all regulations, ordinances, or special provisions which may apply. e) The Planning Commission shall have the right to require any additional information, corrections, or control, deemed necessary for the protection of the public. The Planning Commission shall have the right to hire expert consultants, at the permittees' expense, to assist in the establishment of special restrictions for any Industrial Use. f) Every applicant shall be required to submit for approval a landscape plan providing for the planting of trees and other vegetation. g) Any use creating periodic earthshaking vibration shall be prohibited if undue vibrations are perceptible beyond boundaries of the property on which the use is located. This standard shall not apply to vibrations created during the process of construction. 502.58-6 ORDINANCE 502 – ZONING ORDINANCE h) Any use requiring the storage, utilization or manufacture of products which could decompose by detonation shall be located not less than 400 feet from any residence. This section shall not apply to the storage or usage of liquid petroleum, natural gas for normal residential or business use providing other performance standards are met. i) All activities that emit radioactivity shall comply with the minimum requirements of the Federal regulatory body. j) All uses associated with bulk storage of oil, gasoline, liquid fertilizer, chemicals, similar liquids and hazardous substances shall comply with the requirements of the Minnesota State Fire Marshall, the Minnesota Department of Agriculture and other hazardous substance legislation by the Federal government. The user of such material shall have documents from the above offices that the use is in compliance. All existing above ground liquid storage tanks with a capacity of 2,000 gallons or more, shall comply with the requirements of the Minnesota State Fire Marshall's office within 12 months following enactment of this Ordinance. k) Screening. All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened and in a suitable location. l) Lighting. All lighting shall be hooded and no light may directly strike any street/highway or areas outside of the development. m) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. n) Signs. All proposed business signs shall be an element of the Development Plan. All signs shall conform to the requirements of Subd. 11. o) A Lock Box shall be installed on all buildings before a certificate of occupancy will be issued. Subd. 10: Development Plan Requirements. All development plans must be submitted to the Zoning Administrator for review and circulation to the City Engineer and Public Works Director, and if it is determined that the use and development is consistent with the stated intent of the zoning district, Planning Commission approval is not required. If the proposed use is not consistent with the intent of this ordinance or compatible with adjacent land uses, the proposed development plan will be submitted to the Planning Commission for approval. In determining conformity to the Ordinance, the following information must be presented to the Zoning Administrator. (*section subsequently renumbered) Updated 502.58, Subd. 10 on 4/2005 Section 502.58 Subd 10 amended 10/10 a) Building location on the lot, drawn to scale. b) Building elevations; front, rear and side. 502.58-7 ORDINANCE 502 – ZONING ORDINANCE c) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick-up areas and proposed screening material. f) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air-conditioning equipment. k) Landscaping material including the location, type of plant and size. l) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. o) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). p) If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. q) Required Fee/Agreement. 1. Payment Required. Any person filing a petition requesting development plan review shall pay a fee according to the schedule established by the City Council. 2. Amount. Fees payable under this section for development plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the required development plan, as listed and described above, is to be at the sole expense of the developer and at no expense to the public. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the 502.58-8 ORDINANCE 502 – ZONING ORDINANCE event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require an escrow deposit, cashier’s check or letter of credit for these fees prior to the final action on the application for development plan review. Such escrow or letter of credit shall be in the form approved by the City Attorney. 3. Development Agreement. In the event additional review by the City or its assigns is anticipated and/or needed during implementation of Development Plan, or other similar circumstance, the City shall require the property owner(s) and/or developer(s) enter into a development agreement with the City. The development agreement shall stipulate the conditions for approval and the City's authority to inspect the development. The agreement shall further require the owner or developer, as the case may require, furnish a cashier's check, escrow account or irrevocable letter of credit in favor of the City in an amount equal to 110% of all costs associated with City’s review of the development, including but not limited to, engineering, legal, fiscal and administrative, as estimated by the City. Such escrow or letter of credit shall be in the form approved by the City Attorney, shall be conditioned upon the approval of the development plan. Subd. 11: Signs. In the L-I Light Industrial district the general provisions apply to all signs. a) Special and Temporary Signs. 1. One (1) identification sign not exceeding thirty-five (35) square feet in area for the following uses: church, school, or similar uses. Such signs shall be solely for the name and of the use and its activities and may be illuminated but not flashing. 2. Temporary signs advertising a new subdivision development limited to the following: (1) maximum size shall be thirty-two (32) square feet in surface area, (2) maximum height of fifteen (15) feet above ground level. 3. Real estate signs, including signs advertising the sale or rental of premises, are permitted provided the area on one side of any such signs shall not exceed six (6) square feet. 4. Temporary signs of contractors, architects, mechanics, special events and artisans are permitted, provided that such signs shall be removed promptly upon completion of the work and further provided that such signs shall not exceed thirty-two (32) square feet in area. b) Portable Signs. 502.58-9 ORDINANCE 502 – ZONING ORDINANCE 1. Definition. A portable sign is one that is movable from one location to another and is not permanently affixed to the ground, sales display device, or structure. 2. Permit Required. A business seeking to use or display a portable sign shall obtain a permit from the City for the period of display. Permits will specify the length of time the sign will be displayed, location of the sign, and business applying to use the sign. 3. Length of Use. The duration of time a portable sign can be located on a property is limited to a maximum of forty (40) days in any one calendar year. 4. Size. A portable sign shall not exceed 50 square feet which accounts for all letters, numbers and attachments; excluding material required to support the sign. c) Business or Commercial Signs 1. Signs shall have a surface area not exceeding one hundred (100) square feet per sign with an aggregate total not to exceed two hundred (200) square feet if double faced. 2. Such sign except a directional sign, is erected only on the premises on which the use, to which the sign relates, is conducted. 3. Notwithstanding the above, where two or more separate and individual commercial operations are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivisions a) and b), except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. In addition to these individual business signs, the combination of business operations occupying the structure, may maintain a 50 square foot sign detached from the structure identifying the structure, the individual business operations located therein, or other reference to the combination of business operations located within the structure. For purposes of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 502.58-10 ORDINANCE 502 – ZONING ORDINANCE 4. All freestanding Business Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any Business Sign shall not exceed 25% of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. 5.The maximum height of a Business Sign shall be subject to height requirements in Ordinance 502.11. 502.58, Subd. 11c amended by adding 4. and 5. on 4/2005 (*section subsequently renumbered) 502.58, Subd. 11c-5, amended 3/2015. d) Advertising or pylon signs shall not be permitted. e) Sign Removal. All signs not maintained and kept in good repair shall be subject to removal upon direction of the City Building Inspector. Subd. 12: Regulation of Activities Adjacent to Wetlands. a) The following activity shall be subject to a 50 foot setback from wetlands: The construction or maintenance of a building attached to a foundation, including but not limited to, pole buildings. For purposes of this paragraph, pump houses, moveable storage sheds, recreational docks and storm water or erosion control devices shall not be considered buildings. b) The following activity shall be subject to a 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the parking of a vehicle or trailer. c) The following activities shall be subject to a 100 foot setback from wetlands: 1. The construction or maintenance of a well used for agricultural irrigation, or any well less than 50 feet in depth. 2. External storage of materials used in conjunction with industrial or commercial processing or manufacturing. 3. The storage of waste or refuse generated by industrial or commercial activities. 4. The construction or maintenance of a septic system. Updated 11/2013 502.58-11