SECTION
10
INDUSTRIAL
DISTRICTS
A. Industrial Districts Established.
The Industrial Districts established by this Ordinance for Vigo County, Indiana are as follows:
1. Light Industrial. District (M-1)
2. Heavy Industrial District (M-2)
10.01 Light Industrial District (M-1)
A. Purpose.
The purpose of this district is to provide for establishments primarily engaged in manufacturing, construction, wholesaling, warehousing and associated retail and service activities whose external, physical affects are relatively clean and quiet, and to act as a transition between heavy industrial districts and less intensive agricultural, commercial or residential districts. This district should be located with good accessibility to thoroughfares, railroads oar other means of transportation, as well as a broad range of public infrastructure and utilities.
B. Permitted uses.
1. Uses permitted in the M-1 District shall be those specified below:
Any industrial manufacturing, processing, cleaning, refining, assembling, wholesaling, cleaning, servicing, testing, repair or storage of materials, goods or products not elsewhere listed in this Ordinance.
Assembly of Pre-manufactured parts, subassemblies, components
Assembly, repair or manufacture of light component parts
Canning of Food (not including slaughtering)
Construction and Home Remodeling Companies
Contractors (any type)
Engraving on Stone
Food Products (secondary food processing and
packaging - initially processed off-premises)
Job Printing (any size)
Laboratories, including:
Engineering
Pharmaceutical
Research
Testing
Leather Curing and Tanning
Liquor and Spirit Distillation
Machine Shop
Packaging of Food
Produce Terminal
Storage and Transfer Establishment
Warehouse and Distribution Center
Water Treatment Plant
Welding Shop
2. Temporary Uses (as defined in section 2).
3. Accessory Uses (as defined irk Section 2).
4. Special Exception Uses (subject to the provisions of Section 18).
Battery Redemption
Engraving on metal
Furniture Refinishing, Restoration or Reupholster
Laundry, Cleaning and Garment Services, including:
Dry-Cleaning Plant
Industrial Launderers
Penal Facilities
Religious Use
C. Minimum Lot Width and Frontage – 100’
D. Minimum Front Yard and Setback - shall be provided along all street rights-of-way as follows:
1. along a minor or local street - 25'
2. along a subcollector street - 30'
3. along a collector - 40'
4. along a arterial - 60'
E. Minimum Rear Setback - shall be provided from the property line as follows::
1. Minimum Rear Yard – 15’
2. Minimum Rear Buffer Yard – 40’
F. Minimum Side Yard and Setback - shall be provided from the property line as follows:
1. Minimum Side Yard -15'
2. Minimum Side Buffer Yard - 40'
G. Use of Minimum Yards and Minimum Buffer Yards - all minimum yards and minimum buffer yards shall be landscaped with grass, trees, shrubbery, or hedge, or in combination with other suitable ground corer materials and shall remain free from structures except where expressly permitted below:
1. Minimum Front Yards - may include driveways and parking areas provided that a minimum buffer strap of 10' in depth measured from and paralleling the right-of-way line shall be maintained as open space free from buildings or structures;
2. Minimum Front Buffer Yard - may include parking areas and driveways provided that a minimum buffer strip of 20' in depth measured from and paralleling the right-of-way line shall be maintained as open space free from buildings or structures;
3. Minimum Side and Rear Yards - minimum side and rear yards may include internal driveways connecting to adjoining lots provided that the remainder of said yards shall be maintained as open space free from buildings or structures;
4. Minimum Side and Rear Buffer Yards - shall be landscaped with grass and shrubbery, trees, or hedge, ox in combination with other suitable ground cover materials and maintained as open space free from buildings or structures.
H. Building Height Limitations.
1. Principal Use Building - 85', provided, however, any Principal Use Building may be increased in height up to a maximum of 125' feet subject to the increasing of the required yards by 1' for each 1' of additional structural height above 85'
2. Accessory Use Building - 45'
I. Minimum Off-Street Parking - See Section 14 for requirements.
J. Minimum Off-Street Loading -See Section 14 for requirements.
K. Entrance Restrictions -See Section 14 for requirements.
L. On-Premise Signs -See Section 16 for requirements.
M. Outside Operations and Storage.
1. Operations-
All operations, servicing and processing located within five-hundred (500) feet of a Residential District boundary (except storage, off-street parking and off-street loading) shall be conducted within completely enclosed buildings.
2. Storage-
All storage of materials or products within five-hundred (500) feet of a Residential District boundary shall be either:
a. within completely enclosed buildings; or,
b. effectively screened within a chain link, lattice or similar type fenced area, with ornamental, non-solid or chain link gates. The height of said fence shall be at least six (6) feet and shall not exceed eight (8) feet. Materials or products stored within the enclosure shall not exceed the height thereof.
3. Amount of outside operations and Storage-
The total area devoted to outside operations and storage shall not exceed seventy-five (75) percent of the gross floor area of enclosed structures or buildings on the lot.
10.02 Heavy Industrial District (M-2)
A. Purpose.
The purpose of this district is to provide for establishments primarily engaged in manufacturing, construction, wholesaling, warehousing and associated retail, financial, and service activities with a need for outdoor storage, processing or operations. This district is also designed to promote the establishment of industrial parks Due to the nature of such outdoor storage, processing or operations, this district should not be located adjacent to residential or light commercial districts. This district requires good access to major thoroughfares, railroads or other means of transportation, as well as a broad range of public infrastructure and utilities.
B. Permitted Uses.
1. Uses permitted in the M-2 District shall be those specified below:
Any Use Permitted in the M-1 District
Bakery (manufacturing)
Bottled Gas Storage and Distribution
Coffee Roasting
Forest Products Processing
Fuel Dealers (not gasoline stations)
Granary, Grain Manufacture
Lumber Yard (including outside storage)
Manufacturing, including:
Alcoholic beverage
Appliance:
light
major electric or gas
portable
household
Boiler Tank
Bottling of Beverages
Bottling of Food
Bottling of Milk Products
Brewing Distillation of Liquor and Spirits
Cabinets
Cans
Cement, Lime or Gypsum
Ceramic and Clay Products
Cinder Block and other similar building materials
Cloth products from finished cloth
Concrete Blocks and Shapes Production
Concrete Paving Materials Preparation
Coating (excluding tar products)
Communication equipment and assembly
Construction Equipment and Machinery
Containers
Cosmetics
Dairy or Milk Products
Detergents and Soaps
Electric Hand Tools
Electric Neon Signs
Electric Materials
Electric Motors
Electrical components and sub-assemblies
Elevators
Furniture
Glass and Glass products
Jewelry (including engraving)
Leather Products from Finished Leather
Machinery and Machinery Components
Malt Products
Marine Equipment
Mattresses
Medicine
Musical Instruments
Non-alcoholic Beverages
Office Equipment including assembly
Office machinery, electrical and mechanical
Optical Goods
Paper Box and Paper Products from Finished Paper
Pharmaceutical Products
Phonograph Records/Compact Discs
Plastics
Prefabricated Wood Building and Structural Members
Recording Instruments
Sports Equipment
Starch
Textiles
Tools and Implements
Toys
Meat and Meat Products Wholesaling
Metal Stamping anal Fabricating
Petroleum Products Bulk Storage
Power Plants, including:
Electric
Hydroelectric
Steam
Thermal
Rolling and Extruding of Metal
Storage of Heavy Equipment (outdoor)
Truck Terminal
Veneer (veneer mills), Millwork, Planing Mill and Saw Mill
Utility Pole Yard
Waste Water Treatment Facilities
Welding Shop
Wrecker Service
2. Temporary uses (as defined in Section 2).
3. Accessory Uses (as defined in Section 2).
4. Special Exception Uses (subject to the provisions of Section 18).
Any Special Exception Use listed in the M-1 District.
Any business, industrial or manufacturing use which is subject to the reporting requirements of Subpart B Reporting Requirements, § 370.20 of the Code of Federal Regulations (40 CFR § 370.20) promulgated pursuant to Section 311 and Section 312 of the Community Right to Know Act (a copy of which is on file in the Office of the Plan Commission and is hereby incorporated by reference and made a part hereof).
Automobile Wrecking and Salvage
Battery Salvage or Recycling
Blast Furnace or Open Hearth
Coal Yard or Station
Coating, Engraving and Allied services (electroplating)
Coke Ovens
Concrete Mixing
Composting Facility
Fat Rendering
Foundries
Hazardous Waste Facility
Iron and Steel Production
Junk Yards
Lumber Mill
Manufacturing, including:
Asphalt Production
Asphaltic Paving Materials Preparation
Batch Plant (asphalt or concrete production)
Biological
Cans (utilizing rubberized or vinyl coatings)
Creosote (including treatment)
Dyes
Explosives, Matches and Fireworks
Fertilizers
Gases and Chemicals
Glue
Paints
Paper
Railroad Equipment (including repair and service)
Rubber Products
Tar, Tar Paper, Tar Products Processing
Tire and Inner Tubes
Meat and Meat Products:
Packing
Processing
Oil Processing, Reining and Manufacture
Power Plants, including:
Atomic
Electric (utilizing reuse-derived fuels)
Steam (utilizing reuse-derived fuels)
Recycling Facility
Resource Recovery Facility
Salvage Storage (open or enclosed)
Scavenger Service
Scrap Metal (including collection, storage and processing)
Shredding of Metals
Solid Waste Transfer Station
Stockyards
Waste Incinerator
C. Minimum Lot Width and Frontage - 100'
D. Minimum Front Yard and Setback - shall be provided along all street rights-of-way as follows:
1. along a minor or local street - 25'
2. along a subcollector street - 30'
3. along a collector - 40'
4. along a arterial - 60'
E. Minimum Rear Setback - shall be provided from the property line as follows:
1. Minimum Rear Yard 15'
2. Minimum Rear Buffer Yard - 40'
F. Minimum Side Yard and Setback - shall be provided from the property line as follows:
1. Minimum Side Yard - 15'
2. Minimum Side Buffer Yard - 40'
G. Use of Minimum Yards and Minimum Suffer Yards - all minimum yards and minimum buffer yards shall be landscaped with grass, trees, shrubbery, or hedge, or in combination with Fr other suitable ground cover materials and shall remain free from structures except where expressly permitted below:
1. Minimum Front Yards - may include driveways and parking areas provided that a minimum buffer strip of 10' in depth measured from and paralleling the right-of-way line shall be maintained as open space free from buildings or structures;
2. Minimum Front Buffer Yard - may include parking areas and driveways provided that a minimum buffer strip of 20' in depth measured from and paralleling the right-of-way line shall be maintained, as open space free from buildings or structures;
3. Minimum Side and Rear Yards - minimum side and rear yards may include internal driveways connecting to adjoining lots provided that the remainder of said yards shall be maintained as open space free from buildings or structures;
4. Minimum Side and Rear Buffer Yards - shall be landscaped with grass and shrubbery, trees, or hedge, or in combination with other suitable ground cover materials and maintained as open space free from buildings or structures.
H. Building Height Limitations -
1. Principal Use Building - 85', provided, however, any Principal Use Building may be increased in height up to a maximum of 125' feet subject to the increasing of the required yards by 1' fox each 1' of additional structural height above 85'
2. Accessory Use Building - 45'
I. Minimum Off-Street Parking - See Section 14 for requirements.
J. Minimum Off-Street Loading - See Section 14 for requirements.
K. Entrance Restrictions - See Section 14 for requirements.
L. On-Premise Signs - See Section 16 for requirements.
M. Outside Operations and Storage.
1. Operations -
All operations, servicing and processing located within five-hundred (500) feet of a Residential District boundary (except storage, off-street parking and off street loading) shall be conducted within completely enclosed buildings.
2. Storage -
All storage of materials or products within five-hundred (500) feet of a Residential District boundary shall be either:
a. within completely enclosed buildings; or,
b. effectively screened within a chain link, lattice or similar type fenced area, with ornamental, non-solid or chain link gates. The height of said fence shall be at least six (6) feet and shall not exceed eight (8) feet. Materials or products stored within the enclosure shall not exceed the height thereof.
3. Amount of outside operations and Storage
The total area devoted to outside operations and storage shall not exceed seventy-five (75) percent of the total land area of the lot.
10.03 Industrial Performance Standards
A. Purpose.
The purpose of the performance standards set forth in Section 10.03, B., below, is to:
1. permit potential industrial nuisances to be measured factually and objectively;
2. ensure that all industries will provide methods to protect the community from hazards and nuisances which can be prevented by processes of control and nuisance elimination; and
3. protect industries from arbitrary exclusion or persecution based solely on the nuisance production by any particular type of industry in the past.
B. Performance Standards.
The performance standards set forth below, shall be applicable to any new, enlarged, extended, relocated, reconstructed or structurally altered industrial use in any industrial district. Any prior existing industrial use shall comply with the performance standards applicable at the time of commencement of said prior existing industrial use.
1. Glare and Heat
a. In industrial districts, any operation or activity producing glare must be conducted so that direct or indirect light from the source must not cause illumination in excess of 0.5 foot- candles when measured in any residential district. For the purposes of this Section, glare is illumination caused by incandescent, fluorescent or arc lighting, or from high temperature processes such as welding or metallurgical refining.
b. No heat from furnace or processing equipment can be sensed at the district boundary line that raises the temperature of air or materials more than 5 degrees Fahrenheit
2. Vibration.
a. No continuous, frequent or repetitive vibrations may be produced which are discernable to a person of normal sensitivities on non-industrial zoned lands. No continuous, frequent or repetitive vibrations may be produced which exceed 0.003g peak on non-industrial zoned lands.
b. Vibrations from temporary construction and vehicles which leave the site (such as trucks, airplanes, and helicopters) are excluded. Vibrations from primarily on-site vehicles and equipment are included.
c. Vibrations of no more than 5 minutes in any one day will not be considered continuous, frequent, or repetitive for this regulation.
d. seismic or electronic vibration measuring equipment may be used for measurements.
3. Noise.
a. Noise must be measured with a sound level meter meeting the latest standards of the American National Standards Institute (ANSI). The instrument must be set to the A-weighted response scale and the meter to slow response. Measurements must be conducted in accordance with the latest ANSI method for the physical measurement of sound.
b. The Table of Noise Limits in Section 10,03, B., 3., f. below, specifies noise limits that apply on or beyond adjacent lot lines or district boundaries outside the user's property. Noises may not exceed the maximum sound levels specified in the Table of Noise Limits, except as designated in Section 10.03, B., 3., c. and Section 10.03, B., 3., d., below. Where more than one specified sound level applies the most restrictive will govern. Measurements must be taken at points of maximum noise intensity.
c. The levels specified in the Table of Noise Limits, below, may be exceeded by 10 dBA for a single period, no longer than 15 minutes, in any one day.
d. For impact noise levels, the values in Table of Noise Limits, below, increased by 20 dBA will apply. Impact noises will be considered to be those noises having peak values more than 6 dbA higher than the values indicated on the sound level. meter.
e. Noises not under the direct control of an industrial operation (such as independent transportation facilities) are excluded from the these regulations.
f. Table of Noise Limits
------------------------------------------------------------
Performance Maximum Permitted
Standard Sound Level (dbA) Point of
Category M--1 M--2 Measurement
-------------------------------------------------------------
A 65 65 on adjacent residential
land uses
--------------------------------------------------------------
B 75 75 on adjacent commercial
land uses
-----------------------------------------------------------
C 80 80 on adjacent agricultural
land uses
-----------------------------------------------------------
D 80 80 across industrial
district boundary lines
________________________________________________________________
4. Fire and Explosive Hazards.
a. Solid substances, ranging from free or active burning to intense burning, may be stored, used or manufactured only within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.
b. The storage, use or manufacture of flammable liquids or materials which produce flammable vapors or gases is permitted in accordance with the rules and regulations of the State Fire Marshall A certificate of compliance, issued by the State Fire Marshall's office, stating that plans and specifications for an individual use comply with rules and regulations of the State Fire Marshall must accompany the application for an improvement of location permit.
c. No activity involving the storage, use or manufacture of materials that decompose by detonation may be carried on except in accordance with rules issued by the State Fire Marshall and the State Building Commissioner.
5. Quality.
a. Any prospective industry seeking any permits to build in Vigo County shall contact the Vigo County Air Pollution Control Department to determine what permits and other related information may be required in addition to any of the other requirements of this ordinance. Written verification of this contact will be provided by the Vigo County Air Pollution Control Department to the Vigo County Area Planning Department upon request.
b. The State of Indiana laws, rules and regulations
pertaining to air pollution control (including Title 326 of the Indiana Administrative Code), are hereby and hereafter adopted by reference in their entirety. Copies of the Indiana Air Pollution laws, rules and regulations pertaining to air, pollution are on file in the Vigo County Air Pollution Control Department for public inspection.
(1) All applicants and necessary information required by the State of Indiana laws, rules, and regulations for registration, construction, modification or operation of an air pollution source in Vigo County shall be submitted to the Vigo County Air Pollution Control Department for processing and approval as the authorized agent of the Indiana Department of Environmental -Management, Office of Air Management.
(2) Related Fees shall be payable to the Vigo County Air Pollution Control Department.
c. The Vigo County laws, rules, and regulations pertaining to air pollution control (including Title III, Chapter 44 of the Vigo County Code) are hereby and hereafter adopted by reference in their entirety. Copies of the Vigo County laws, rules and regulations are on file in the Vigo County Air Pollution Control Department.
(1) All applications and necessary information required by Vigo County laws, rules, and regulations for registration, construction, modification or operation of an air pollution source in Vigo County shall be submitted to the Vigo County Air Pollution Control Department for processing and approval.
(2) Related fees shall be payable to the Vigo County Air Pollution Control Department.
d. In disputes or differences between State of Indiana laws, rules and regulations pertaining to air pollution control and Vigo County laws, rules and regulations pertaining to air pollution control, State law, rule, or regulation will take precedence.
e. Primary actions and enforcement of the State of Indiana and Vigo County laws, rules, and regulations pertaining to air pollution control is given to the Vigo County Air Pollution Control Department.
6. Water Pollution.
No authorization of use under this Ordinance includes the authority to discharge liquid or solid wastes into public waters except as allowed under federal, state, and/or county regulations. Plans and specifications for proposed sewage and waste treatment must be approved by the appropriate agency.
7. Industrial Sewage and Waste.
Every industrial land use activity shall be so operated as to prevent the discharge into any river, stream, lake, creek, ground, or groundwater of any waste which will be dangerous to persons or animals or which will damage plants or the like beyond the lot line of the property on which the use is located.