Prior to the adoption of Manual on 12/07/1998, Section 29-20 read as follows.


    (a) Purpose. This district is intended to allow a wide range of industrial and associated uses.

    (b) Permitted Uses. In district M-1, no building, land or premises shall be used and no building shall hereafter be erected, constructed or altered except for one or more of the following uses, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, or otherwise:

All permitted uses in districts M-R, M-C and C-3 (except those uses permitted in district R-3).

Automobile repair facilities.

Automobile wrecking and junkyards, if enclosed by a solid fence or wall at least ten (10) feet in height.

Blacksmith shops.

Bottling plants.

Busbarns or lots.

Canning or preserving factories.

Carpenter, cabinet or pattern shops.

Chemical laboratories not producing noxious fumes or odors.

Chick hatcheries.

Crematories.

Distribution of bottled and canned beverages.

Flour mills, feed mills, and grain elevators and processing.

Ice plants.

Machine shops.

Manufacturing and processing.

Mechanical and construction contractors and trade shops.

Monument or dimension stone works.

Motor vehicle or trailer sales and service.

Moving, transfer or storage plants.

Photo engraving plants.

Planing mills.

Plumbing and sheet metal shops.

Pounds, kennels and veterinary hospitals where domesticated animals or fowl are treated, kept, cared for, bred or boarded, under the following conditions:

    (1)    Minimum site size shall be two (2) acres.

    (2)    The maximum density shall be fifty (50) animals, cared for at full capacity, per acre.

    (3)    Any outside animal run structure, pen or enclosure shall be fully fenced (including overhead).
    (4)    A secondary or perimeter fence or wall shall be constructed around all outside animal runs.

    (5)    The minimum yard, when the facility abuts residential uses or zoning, shall be one hundred (100) feet to an unvoided wall or two hundred (200) feet to outside animal runs.

Sales rooms, yards and service for machinery and equipment.

Warehousing and distribution.

Any industrial facility or use similar to those listed above, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, or otherwise.

Customary accessory uses, including drive-up facilities, subject to the provisions of section 29-23.

    (c) Conditional Uses.

    (1)    The following uses shall be permitted in district M-1 only after the issuance of a conditional use permit pursuant to the provisions of section 29-23 and only if the criteria listed in this subsection are met:

Asphaltic concrete plants.

Concrete plants.

Electroplating works.

Forges.

Galvanizing works.

Manufacture, compounding or processing of hazardous materials.

Mines and quarries.

Slaughterhouses.

        a.    Such uses shall be located more than two thousand (2,000) feet from any hospital, school, city park, residentially-zoned area, or platted county residential subdivision. In addition, when such uses are located in a direction of 135° to 225° azimuth (based on geodetic north and hereby determined to be the direction of origin of the prevailing wind) from any hospital, school, city park, residentially-zoned area, or platted county residential subdivision, such uses shall be located more than two thousand five hundred (2,500) feet from those hospitals, schools, city parks, residentially-zoned areas, or platted county residential subdivisions. In addition, such use shall be located more than four hundred (400) feet from any occupied building, or one thousand (1,000) feet from any occupied building affected by the above-determined prevailing wind.

        b.    Such uses shall not be in operation between the hours of 8:00 p.m. and 7:00 a.m.

        c.    Such uses shall be located only on sites which front on or have direct access to a designated arterial street which is built to city or state standards.

        d.    The emission of odorous matter in such a quantity as to be readily detectable at any point along lot lines, or as to produce a public nuisance or hazard beyond lot lines, is prohibited. Such odorous matter shall not exceed the odor threshold concentration defined in the American Society for Testing and Materials Method D1391-78, "Standard Method for Measurement of Odor in Atmospheres."

    (2)    Churches and synagogues shall be permitted in district M-1 only after the issuance of a conditional use permit pursuant to the provisions of section 29-23 and only if the criteria listed in this subsection are met:

        a.    The conditional use permit shall be valid for a period not to exceed five (5) years. Renewal of the conditional use permit shall be treated as a new request for a conditional use permit.

        b.    A site plan shall accompany the conditional use permit application, showing that parking will be provided for the church and any other associated uses in accordance with section 29-30.

(3) Live adult entertainment businesses shall be permitted in District M1 only after the issuance of a conditional use permit pursuant to the provisions of Section 2923 and subject to the following:

a.  Such uses shall not be located within seven hundred fifty (750) feet of any church, mosque, synagogue, school, college, university, park, athletic field, residence or residentially zoned district.  Such uses shall not be located within one thousand (1,000) feet of any other live adult entertainment business. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the live adult entertainment business to the nearest point on the property line of such church, mosque, synagogue, school, college, university, park, athletic field, residence, residentially zoned district or other live adult entertainment business.

b.  Notwithstanding any provision in chapter 23 to the contrary, a live adult entertainment business shall have no more than one on-premise sign which shall be a wall sign approved by the board of adjustment as part of the conditional use permit.  The surface area of the sign shall not exceed ten percent of the area of the wall to which it is attached.  The sign shall not be a neon or similar sign.  The sign may be illuminated but shall not be a flashing sign.  The sign shall not depict any portion of the human anatomy.

c.  No sign shall be placed in any window.

d.  No flashing lights or colored lights or string of lights shall be placed on the outside of the building or on the inside of the building so that the lights can be viewed from outside the building.  

e.  The premises of all live adult entertainment businesses shall be constructed to include a partition or other physical barrier on all customer entrances, that will ensure that the interior of the business is not observable from the exterior of the building.  In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with a partition or other physical barrier shall be covered so as to prevent observation of the interior of the premises from the exterior of the building.  No live adult entertainment business shall be conducted in a manner that permits the observation of entertainers, servers or employees from the exterior of the building.

f.  On-premise advertisement, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from the exterior of the building.

    (d) Height and Area Regulations. In district M-1, any building or portion of a building hereafter erected, constructed, reconstructed or altered shall be subject to the following regulations (for exceptions see section 29-26, Height and Area Exceptions):

    (1)     Lot size. No minimum requirement.

    (2)     Yards.

        a.    Front--Not less than twenty-five (25) feet.

        b.    Rear--Not less than ten (10) feet, except that no rear yard is required where the rear lot line abuts property in a nonresidential district.

        c.    Side--No requirement, except that on corner lots and where a M-1 district abuts any residential district, there shall be a side yard of not less than ten (10) feet.

    (3)     Building height. No maximum height.

    (4)     Vision clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign, or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

    (5)     Parking. (See section 29-30, Off-Street Parking and Loading.)

(Code 1964, § 19.172; Ord. No. 9958, § 1, 10-3-83; Ord. No. 13098, § 1, 9-3-91; Ord. No. 13527, § 1, 12-7-92; Ord. No. 15471, § 1, 1-5-98)