Chapter 176.27

176.27    I-2 GENERAL INDUSTRIAL.  The I-2 General Industrial District is intended to accommodate most types of industrial development.  This district is designed to protect residential and less intensive commercial and industrial uses by locating general industrial uses in locations removed from such residential or commercial development.  Certain general industrial uses that may tend to be objectionable due to their odor, vibrations, smoke, glare, heat, noise or similar characteristics are provided as conditional uses in this district.

1.                  Principal Permitted Uses.  The following principal uses are permitted in the I-2 District:

A.                 Industrial-type uses:

(1)        Industrial-type uses permitted in the I-1 District.

(2)        Industrial firms involved in the fabrication, assembling, processing, production, compounding, and manufacturing of materials, goods, and products, except for those enumerated in subsection 2 hereof.

(3)        Bottling works.

(4)        Electroplating establishments.

(5)        Grain storage establishments.

(6)        Metal stamping establishments.

(7)        Planing mills and saw mills provided that such activities take place in a completely enclosed building.

B.                 Wholesale and warehouse uses permitted in the I-1 District.

C.                 Commercial uses:

(1)        Commercial uses permitted in the I-1 District.

(2)        Bottled gas and fuel dealers.

(3)        Tire re-treading establishments.

(4)        Septic tank and sewer cleaning and service establishments.

D.                 Public, quasi-public, and governmental buildings and facilities permitted in the I-1 District.

2.         Conditional Uses.  The following conditional uses are permitted in the 1-2 District only as authorized by the Zoning Board of Adjustment as provided in Section 176.36 when the following general requirements are met.

A.        General Requirements.

(1)        No conditional use shall be located within five hundred feet (500') of a church, synagogue, chapel or similar place of religious worship or instruction; a public or private elementary or secondary school; a library or public park, playground or other recreational facility, a licensed day care center or nursery or preschool, or healthcare facility; a boundary of any R, 0, C-1, C-2, C-3 or C-3P Zoning District.

(2)        All conditional uses shall be situated, equipped, operated and maintained so as to minimize to the greatest extent possible, using the best available technology, any negative impacts on, or interference with other land uses and activities in the general area, or the public health, safety and general welfare.

(3)        The following numbered conditional uses shall not be located within five hundred feet (500') of a food processing or eating establishment: (1), (2), (3), (6), (7), (9), (10), (14), (16) and (17).

B.         Conditional Uses.

(1)        Junk Yards and Salvage Yards, including automobile salvage yards and wrecking operations, subject to the following requirements.

a.         General Requirements.

(i)         All outdoor storage shall be conducted entirely within a solid fence at least eight foot (8') in height with lockable gates. The fence shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property, street or highway.  Storage, either temporary or permanent, between such fence or wall and any property line is expressly prohibited.  Junk or salvage materials shall not be piled against the fence.

(2)        Solid Waste Transfer Stations and Materials Recovery Facilities, including non-hazardous industrial waste salvage operations and recycling facilities, subject to the following requirements.

a.         General Requirements.

(i)         Application for a conditional use permit shall include all applicable information required by the Iowa Department of Natural Resources and any other federal, state, regional or local authority to evaluate a transfer station permit application, including, but not limited to, a detailed site plan of the proposed facility, design, operation, storage, reporting, assurances and emergency response and remedial action plans.

(ii)        No building permit shall be issued until the applicant provides a copy of the approved Iowa Department of Natural Resources Transfer Station Permit.

(iii)       The owner shall provide the City, in a timely fashion, a copy of all reports required to be submitted to the state.

(iv)       All aspects of the transfer station use and operation including, design, location, operation, maintenance and reporting shall be consistent with local, state, and federal regulations.

b.         Site Design Requirements.

(i)         Minimum site area for such development shall be five (5) acres.

(ii)        Building coverage shall not exceed 40 percent of the site.

(iii)       No exterior loading docks may be on any street frontage.  Provision for handling of materials brought to or removed from the site by truck shall be on those sides of any building which do not face on any street or proposed street(s).

(iv)       Site ingress and egress shall be at locations approved by the City. All driveways, circulation and stacking lanes, storage areas and parking areas shall be hard surfaced and curbed.

(v)        A traffic study may be required at the request of the City Engineer. All improvements necessary to accommodate the transfer station shall be provided by the owner of the waste transfer station.

(vi)       All stacking of trucks and equipment shall occur on site and outside the public right-of-way.

(vii)      The Waste Transfer Building shall be located entirely within an eight foot (8') solid fence with lockable gates. The fence shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property, street or highway. Storage, either temporary or permanent, between such fence or wall and any property line is expressly prohibited. Outdoor storage of equipment or materials associated with the business shall be in designated areas and not to be stored against the fence or exceed the height of the fence.

c.         Environmental Control Requirements.

(i)         No solid waste shall be deposited outside the transfer station building.  There shall be no on-site, exposed or contained, overnight storage of solid waste, including storage in trucks; except as specifically identified in the permit application approved by the Iowa Department of Natural Resources and City of Marion.

(ii)        The emission of noxious matter shall be controlled so that no concentration of such matter, at or beyond the lot line, will be detrimental to or endanger the public health, safety, comfort or general welfare or cause damage to property.  Noxious matter means any solid, liquid or gaseous material, including but not limited to gases, vapors, odor, dusts, fumes, mists, or combinations thereof, the emission of which is detrimental

to or endangers the pubic health, safety, comfort, or general welfare or causes damage to the property.

(iii)       The operator of the transfer station shall cooperate with the City in order to facilitate periodic City inspections of the facility as the City may deem necessary. The operator of the facility shall authorize access to the City to conduct such inspections. The City may require the operator to submit periodic reports from licensed engineers regarding air quality, noise generation or other noxious emissions testing or analysis.

d.         Operational Requirements.

(i)         All trucks and equipment destined to or away from the site, except for personal vehicles, may be restricted to designated routes established by the City. The operator of any transfer station shall be responsible for notifying truck operators of the route designation by the City. The City will not revoke a conditional use permit granted under this subsection for off-site violations beyond the control of the transfer station operator and owner.

(ii)        No loading or unloading by reason of tipping or use of other equipment, or cleaning of vehicles, equipment or containers, shall occur outside of the transfer station building.

(iii)       On-site storage or handling of hazardous waste materials is prohibited as a planned mode of operation. Hazardous waste materials inadvertently delivered to the facility shall be promptly removed in accordance with county and state requirements. No special programs for the collection of residential hazardous waste shall be conducted at the facility without prior City approval.

(iv)       Operation and use of the facility shall be in conformance with the approved site plan and application.  Substantial changes to the site plan, facility operations or design may require review and approval of the conditional use permit, as determined by the City.

(3)        Acid or corrosive manufacture.

(4)        Cement, lime, ready mix cement, gypsum or similar manufacturing and processing.

(5)        Commercial quarries, gravel pits, mines, and similar extractive uses.

(6)        Distillation or refining of bones or coal.

(7)        Fat, grease, lard, or tallow rendering or refining.

(8)        Fertilizer manufacture.

(9)        Fur and hide processing.

(10)      Garbage, offal, or dead animal disposal, rendering, or processing.

(11)      Glue manufacturing.

(12)      Grain or alcohol processing.

(13)      Industrial firms involved in the manufacturing, fabrication, processing, production, or compounding of reactive, explosive, hazardous, radioactive, or highly flammable materials, goods, or products.

(14)      Packing plants, slaughterhouses, stockyards, livestock sales, and livestock auction houses.

(15)      Petroleum products terminals, refineries, and bulk storage facilities.

(16)      (Repealed by Ord. 05-01 – Feb. 05 Supp.)

(17)      Sewage disposal and treatment facilities.

(18)      Similar and compatible uses to those allowed as permitted uses in this district.

3.         Site and Structure Requirements.

A.                 Minimum lot area - none.

B.                 Minimum lot width - none.

C.                 Front yard setback - 12 feet.

D.                 Side yard setback - none; corner side yard setback - 12 feet.

E.                  Rear yard setback - none.

F.                  Maximum height - 3 stories or 45 feet, whichever is less, except that the maximum height may increase by one (1) foot for each one-half (½) foot that front, rear and side yard setbacks are increased over the required minimums, up to a maximum of 150 feet in height with no limit on the number of stories.

4.         Other Provisions.

A.                 Accessory Uses.  Uses and structures accessory to a principal permitted use or to a conditional use are permitted subject to the provisions of Section 176.32.

B.                 Temporary Uses.  Temporary uses are permitted subject to the provisions of Section 176.35(13).

C.                 Signs.  Signs are permitted subject to the provisions of Section 176.31.

D.                 Off-street Parking and Loading.  Off-street parking and loading facilities shall be provided according to the provisions of 176.29.

(Ord. 03-27 – Feb. 04 Supp.)