CHAPTER 15 - "M2" HEAVY INDUSTRIAL DISTRICT

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1 CHAPTER 15 - "M2" HEAVY INDUSTRIAL DISTRICT Sec Regulations: The regulations set forth in this chapter or set forth elsewhere in this zoning ordinance when referred to in this chapter are the regulations in the M2 (Heavy Industrial) District. Sec General Description: The M2 (Heavy Industrial) District is established as a district in which the principal use of land is for heavy commercial and industrial establishments, which may create some nuisance, and which are not properly associated with nor compatible with residential, institutional and neighborhood commercial and service establishments. Property zoned M2 falls within the Industrial Land Use designation on the Future Land Use Plan. Sec Uses Permitted: a) All uses permitted within the M1 (Light Industrial) District. b) Antennas, radio, television, cellular towers as regulated by this ordinance. c) Rail freight yards, including switching and classifications yards, repair shops and round houses. d) Sewage treatment plants and lagoons. e) Weighing stations. f) Adult entertainment center meeting the requirements of Section g) Grain storage elevator h) Any manufacturing, production, processing, cleaning, storage, servicing, repair and testing of materials, goods, or products that conform to Section 15-6: Special Conditions. i) Accessory uses customarily incidental to the uses permitted in this section including essential service structures. Sec Conditional Uses: Within any M2 district, no structure or land shall be used for the following uses except by a conditional use permit: a) All conditional uses permitted within the M1 (Light Industrial) District. b) Automobile wrecking yards, junk yards, and salvage yards when completely enclosed within a solid fence, a minimum of eight (8) feet in height, must include evergreen trees planted on the outside of the fence one (1) tree per each 20 feet. c) Grain elevators, seed cleaning, feed mixing and grinding plants when completely enclosed within a solid fence, a minimum of eight (8) feet in height, must include evergreen trees planted on the outside of the fence one (1) per each 20 feet. d) Rail unloading facility when completely enclosed within a solid fence, a minimum of eight (8) feet in height, must include evergreen trees planted on the outside of the fence one (1) per each 20 feet. e) Petroleum refining or storage when completely enclosed within a solid fence, a minimum 87 City of Minot Revised September 2015

2 of eight (8) feet in height, must include evergreen trees planted on the outside of the fence one (1) per each twenty (20) feet. f) Fertilizer manufacture when completely enclosed within a solid fence, a minimum of eight (8) feet in height, must include evergreen trees planted on the outside of the fence one (1) per each 20 feet. g) Acid manufacture when completely enclosed within a solid fence, a minimum of eight (8) feet in height, must include evergreen trees planted on the outside of the fence one (1) per each twenty (20) feet. h) Cement, lime or gypsum manufacture when completely enclosed within a solid fence, a minimum of eight (8) feet in height, must include evergreen trees planted on the outside of the fence one (1) per each twenty (20) feet. i) Stockpiling of sand, gravel or fill dirt when completely enclosed within a solid fence, a minimum of eight (8) feet in height, must include evergreen trees planted on the outside of the fence one (1) per each twenty (20) feet. j) Recycling uses when completely screened up to the height of materials stored. k) Private landfill when completely enclosed within a solid fence a minimum of eight (8) feet in height with evergreen trees planted on the outside of the fence. l) Additional standards for conditional uses b) through i) listed above: 1) Any existing use listed in items b) through i) above shall meet the required screening requirement specified for the use within three (3) years of adoption of this ordinance. 2) Any new use (including outdoor storage areas) shall be located a minimum distance of one thousand (1,000) feet from a classified street. m) Storage or handling of hazardous materials, hazardous substances, or hazardous waste as these terms are defined in Title 49 of the Code of Federal Regulations at Sec , if the amount of the hazardous materials, hazardous substance, or hazardous waste on a particular premise at any one time exceeds the reportable quantity. The reportable quantity shall be as specified in Title 49 Code of Federal Regulations Sec Any change in ownership requires renewal of the conditional use permit. n) Other similar uses as listed in Section 15-4 as approved by the City Council. Section Interim Uses: Within any M2 district, no structure or land shall be used for the following uses except by an interim use permit: a) Extraction of minerals from the ground, to include sand and gravel, oil and gas, lignite, potash, rock and other minerals. b) Other similar uses as listed in Sections 15-4 or 15-5 where reasonable conditions, including a specified period of time for the permit can be determined, as approved by the City Council. Section Special Conditions: a) It is the intent of this section to provide that industry and related activities shall be established and maintained with proper appearance from streets and adjoining properties to provide that each such permitted use shall be a good neighbor to adjoining properties by the control of the following: 88 City of Minot Revised September 2015

3 b) Standards: 1) Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line. 2) Exterior lighting used for exterior illumination shall be directed away from adjoining properties. 3) Vibration shall not be discernible at any property line to the human sense of feeling at any time. 4) Smoke, Dust, Fumes, Gases, and Odors. The design, construction and performance of all industrial uses shall be in conformance with city, county and state standards and regulations. 5) Storage of Material and Equipment. Open storage of materials in any required front yard shall be prohibited. All outdoor storage of material and equipment shall be one hundred percent (100%) screened from ground level view. Section Adult Entertainment Center: (a) Notwithstanding anything in this zoning ordinance to the contrary, an adult entertainment center or sexually oriented business (as defined in Section of the City of Minot Code of Ordinances) shall be permitted only in the M-2 Heavy Industrial District and in no other district, and then only if it meets the following conditions: 1) It is located no closer than seven hundred fifty (750) feet from any pre-existing church, school, child care facility, hospital, public park, public playground, adult entertainment center, sexually oriented business, establishment holding a license under Chapter 5 of the City of Minot Code of Ordinances, or property zoned or used as residential; 2) It excludes from its premises those persons less than eighteen (18) years of age; 3) It displays no signs visible from the exterior, except for signs identifying it as an adult bookstore, adult cinema; or other as the case may be; 4) No materials depicting specified sexual activities or specified anatomical areas shall be visible from its exterior; 5) The manager and the owners of each business are registered with the Chief of Police and have provided him with information on their identities and whether they have been convicted or are awaiting trial on charges of a specified criminal activity (as defined in section of the City of Minot Code of Ordinances); and 6) The business premises of the center which is generally open to its patrons is open equally at the same time without charge to members of the city police force who may wish to enter thereon provided the entry is in the course of the discharge of the policemen s duties. (b) For the purpose of subsection (a)(1), measurements shall be made in a straight line without regard to intervening structures or objects, from the nearest property line of the premises where the adult entertainment center/sexually oriented business is conducted, to the nearest property line of the premises of the use listed in subsection (a)(1). Section Lot, Height, Area and Yard Requirements: a) Maximum height no limit. b) Maximum coverage no limit except as may be affected by yard and off-street parking 89 City of Minot Revised September 2015

4 requirements. c) Minimum yards are as follows: 1) Front twenty-five (25) feet. If located on an arterial street fifty (50) feet. 2) Side street side (corner) and double fronted street side lots twenty-five (25) feet on each street side. If located on an arterial street fifty (50) feet. 3) Side interior side zero (0) except where the side of the lot adjoins the "AG" district or any "R" district in which case the minimum side yard shall be fifteen (15) feet. 4) Rear zero (0) except where the rear of the lot adjoins the "AG" district or any "R" district in which case the minimum rear yard shall be twenty-five (25) feet. 5) Parking lot ten (10) feet along all streets. 6) All yards are subject to the limitations, exceptions and other modifications set forth in Chapter 21. d) Minimum lot area ten thousand (10,000) square feet. e) Minimum lot width fifty (50) feet. f) Minimum lot depth one hundred (100) feet. g) Buffer strips will be required along lot lines adjacent to a more restrictive zoning district according to requirements in Chapter 24. Section Building Design and Materials for the M2 District: All buildings shall be designed to accomplish the goals and policies of the comprehensive plan. Building materials shall be attractive in appearance, of a durable finish, and be of a quality that is compatible and harmonious with adjacent structures. All buildings shall be of good aesthetic and architectural quality to ensure they will maintain and enhance the property values of neighboring properties and not adversely impact the community's public health, safety and general welfare. a) Design Elements: All new buildings and refacing of an existing building shall include a minimum of three (3) of the following elements on the front façade: 1) Accent materials that are different from exterior building finishes; 2) A visually pleasing front entry that, in addition to doors, shall be accented minimum of one hundred fifty (150) square feet around the door entrance for single occupancy buildings and a minimum of three hundred (300) square feet total for the front of multitenant buildings (this area shall be counted as one element); 3) Twenty-five percent (25%) window coverage on each front that faces a street. 4) Contrasting, yet complementary material colors; 5) A combination of horizontal and vertical design features; 6) Irregular building shapes; or 7) Other architectural features in the overall architectural concept. b) Exterior Building Finishes: 1) The exterior building finish of the front façade facing a public street shall consist of materials comparable in grade and quality to the following list. A minimum of two (2) materials (in differing but compatible colors and wrapped around the sides a minimum of ten (10) feet shall be used: a. Brick b. Stone (natural or synthetic) c. Integral colored split face (rock face) concrete block d. Glass 90 City of Minot Revised September 2015

5 e. Stucco and synthetic stucco (EFIS) f. Cast in place concrete or pre-cast concrete panels (not to include raked or plain finish) g. Architectural metal with semi or fully concealed fasteners provided such panels are factory fabricated and finished with a durable non-fade surface. h. Wood, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, or cypress. i. Other materials determined as acceptable by the City Planner. c) Trash and Recyclable Materials: All trash, recyclable materials and handling equipment shall be stored within the principal structure; or stored within an accessory structure constructed of building materials compatible with the principal structure, maintenance free or composite materials or a steel sub-structure wrapped with composite material that matches the principle building. Wood or Chain link fencing with and/or without slats is not a permitted enclosure material. The structure shall have a swinging doors or an overhead door on tracks with a man door provided. d) New multiple lot industrial parks platted after the adoption of this ordinance shall be screening with a landscaped berm along the perimeter of the industrial park. e) Additions or Alterations to existing Buildings: 1) A one-time building addition of twenty-five percent (25%) or less of the existing floor area does not have to comply with the standards of this Section after adoption of the ordinance. Any building addition of more than twenty-five percent (25%) of the existing floor area, but less than fifty percent (50%) of the area, the addition shall comply with the standards of this Section. 2) When an existing building is expanded over fifty percent (50%) but below seventy-five (75%) of the existing square footage the building addition plus the existing building area shall meet the standards of this Section with an enhanced entry or building accenting added to the existing portion to bring the existing building closer to conformance. 3) When an existing building is completely refaced or building remodeled over seventy-five percent (75%) of the existing square footage the building, the addition plus the existing building area shall meet the standards of this Section. 91 City of Minot Revised September 2015

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