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HomeMy WebLinkAbout1998 Ordinance No. 032• • • • ORDINANCE NO. 31-- SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING TITLE 16 , CHAPTER 4 , SECTIONS 13 AND 14 , AND TITLE 16 , CHAPTER 8 , OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO I-1 LIGHT INDUSTRIAL AND I-2 GENERAL INDUSTRIAL DISTRICTS. WHEREAS, industrial zone districts adjoin or abut residential zone districts throughout the City and that proximity has generated concern that heavy industrial development might affect adjacent residential neighborhoods ; and WHEREAS , the proposed ordinance resulted from the City Council direction in response to citizen concerns; and WHEREAS , this proposed amendment to the Comprehensive Zoning Ordinance is applicable in all I-1 and I-2 districts in the City of Englewood , Colorado ; and WHEREAS, the Englewood Planning and Zoning Commission reviewed the proposed ordinance and held a Public Hearing at their March 3 , 1998 Meeting; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The City Council of the City of Englewood , Colorado hereby amends Title 16 , Chapter 4, Section 13 , entitled I-1 Light Industrial District, of the Englewood Municipal Code 1985, to read as follows: 16-4-13 : I-1 LIGHT IND USTRI AL D ISTR ICT: The I -1 Industrial District is composed of certain industrial areas of the City plus certain open areas where similar industrial development appears likely to occur. The I -1 Industrial District should be located near major roadways and truck routes so that traffic generated from the Industrial District will not flood the residential streets in the area . The regulations for this District are designed to stabilize and protect the essential characteristics of the District as well as the areas surrounding the District. To these ends, development is limited to light industrial uses plus certain uses providing services to the area , and regulations are e stablished to provide for adequate screening and to govern the District. Both to protect residences from an undesirable environment and to ensure the reservation of adequate areas for industrial development, new residential development is excluded from this District, except for caretaker facilities and for mobile home parks for which a Development Plan has been approved. In recognition of the growing importance of manufactured housing in the national housing supply and the necessity for upgrading existing mobile home parks within -1 - 10 b ii .. the City of Englewood, Colorado , mobile home parks will be permitted in this Zone District. In order to assure the amenities within existing mobile home parks that will be rehabilitated or expanded and new parks which may be developed, such parks shall be constructed in accordance with a Development Plan, for which standards , specifications and regulations are set forth herein. A. General Regulations: The provisions found in this Zone District shall be subject to the requirements and standards found in Chapter E .M.C . 16-5, General Regulations, of this Title , unless otherwise provided for in this Ordinance TITLE or an amendment hereto. B. Planned UNIT Development: A Planned UNIT Development shall be filed for the development of any lot having one or more acres in area. See Seetion E .M.C. 16-4-15 of this Chapter (for development procedure.) C. Permitted Principal Uses: No land shall be used or occupied and no structure shall be designed, erected , altered, used or occupied, except for one or more of the following uses : 1. Any use permitted in the B-2 Business District excluding residential use except as permitted in Subsection C(2), mobile home parks . Each permitted use from the B-2 Zone District must also comply with all the restrictions and requirements set forth in the section establishing or allowing the permitted use unless specifically modified by this Section. 2. Mobile Home Park Development, see Development Procedure and Standards, Subsections N and 0 of this Section. 3. Manufacturing, Processing And/Or Fabrication: The manufacturing, processing and/or fabrication, as enumerated and limited herein, of any commodity except the following which are prohibited: Abrasives, basic manufacture. Alcoholic distillation. Animal by-products , basic manufacture and processing. Asphalt, manufacture and processing. AUTOMOBILE SHREDDING, CRUSHING, BALING, COMPACTING AND SIMILAR OPERATIONS . BIOLOGICAL WASTE, PROCESSING. Bone black , basic manufacture. Carbon black or lamp black , basic manufacture . Charcoal, basic manufacture. Chemicals , heavy or industrial, basic manufacture or processing. Cinder and cinder blocks , basic manufacture or processing. Coal or coke , manufacture or processing. Concrete and concrete products, manufacture or fabrication. Detergents, soaps and by-products , using animal fat, basic manufacture . Fermented fruits and vegetable products , manufacture. Fertilizers, manufacture or processing. Fungicides , manufacture. Gasses , other than nitrogen and oxygen, manufacture . -2- ' • • • • • • 4 . Glass manufacture. Glue and size, manufacture . Grain milling. Graphite, manufacture. Gypsum and other forms of plaster base , manufacture . Insecticides , manufacture . Insulations , flammable types, manufacture or fabrication. Matches, manufacture. Meat slaughtering. Metal shredding, auto shredding and similar operations . Metals, extraction or smelting. Metals , ingots, pigs , sheets, or bars, manufacture . Oils and fats , animal and vegetable, manufacture . Paints, pigments , enamels , japans, lacquers, putty, varnishes , whiting, and wood fillers , manufacture or fabrication. Paper pulp and cellulose, basic manufacture . Paraffin, manufacture. Petroleum and petroleum products, manufacture or processing. Portland and similar cements, manufacture. Rubber, manufacture, or reclaiming. Sawmill or planing mills. Serums , toxins , viruses , manufacture. Sugars and starches, manufacture. Tannery . Turpentine , manufacture . Wax and wax products , manufacture . Wood preserving by creosoting or other pressure impregnation of wood by preservatives. Sale At Wholesale Or Storage: The sale at wholesale, the warehousing and/or storage of any commodity except the following which are prohibited: a. Live farm animals . b . Commercial explosives. c. Aboveground bulk storage of flammable liquids or gasses , unless and only to the extent that the storage of such liquids or gasses is directly connected with energy or heating devices on the premises or to service railroad locomotives. 5 . Sale At Retail: The sale at retail of the following: a. Hardware. b. Any commodity manufactured , processe d , fabricated or warehoused on the premise s . c . Equipment, supplies and materials (except commercial explosives) designed especially for use in agriculture , mining, industry , business , transportation , building and other construction . -3- 6. Repair, Rental And Servicing: The repair, rental and servicing of any commodity, the manufacture , processing, fabrication, warehousing or sale of which commodity is permitted in this District. 7. Contractor Yard For Vehicles, Equipment, Materials And/Or Supplies: A contractor yard for vehicles , equipment, materials , and/or supplies which complies with all of the following conditions: a. Is properly graded for drainage , surfaced with concrete, asphalt, oil or any other dust-free surfacing and maintained in good condition, free of weeds, dust, trash and debris. b. Is provided with barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed , either by day or by night, by the movement of vehicles, machinery, equipment or supplies. c . Is provided with entrances and exits so located as to minimize traffic congestion. d . Is provided with barriers of such type and so located that no parked vehicles will extend beyond the yard space or into the required screening area if adjoining or adjacent to a residential district. e. Lighting facilities are so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic. 8. Greenhouse. 9. Newspaper distribution station . 10. Parking and/or commercial storage of operable vehicles. 11. Railroad facilities , but not including shops. 12. School for training in occupational skills, enrollment may be open to the public or limited, may include dormitories for students and instructors. 13. Terminal for intracity or intercity vehicles for movement of persons or freight. 14. Warehousing and/or storage. 15 . Recycling operations , including, but not limited to, the processing of batteries, construction waste , food waste , glass , metals and/or alloys, papers, plastics and tires which complies with Subsection C(15)(a) of this Section, as listed below. Buyback centers that do not process recycled materials and store their materials within an enclosed structure or a roll- off container, semi-trailer, or similarly self-contained apparatus shall be exempt from this Subsection C(15). -4- • • • • • • a . The manufacturing of all materials shall occur within an enclosed structure. The storage of materials may occur outside of the structure providing said storage is in a roll-off container, semi- trailer, or similarly self-contained apparatus . For operations not conducted within an enclosed structure, see Subsection J(l)© of this Section. 16. Pawnbroker and automobile pawnbroker. 17 . Any similar lawful use which, in the opinion of the Commission, is not objectionable to nearby property by reason of odor, dust, smoke , fumes , gas, heat, glare, radiation or vibration, or is not hazardous to the health and property of the surrounding area through danger of fire or explosion. D. Prohibited Uses: E. 1. No sales or service activity shall be allowed from any temporary structure or vehicle when a building permit application has not been submitted for a permanent building or structure to r ep lace the temporary structure. 2. The height of materials or equipment being stored shali not exceed the height of the screening, fence or wall. Maximum Gross Floor Area In Structures: The sum total of the gross floor area in all structures on a lot, excluding the gross floor area of off-street parking garages , shall not be greater than two (2) times the area of the lot on which the structures are located. This does not apply to mobile home parks . F . Minimum Setback: Where an I-1 building site abuts upon, adjoins or is adjacent to a residential zone district, setback of ten feet (10') is required except as provided in Subsection L of this Section. This does not apply to mobile home parks. G . Minimum Private Off.Street Parking: (See Chapter.ffi-5 of this Title , General Regulations.) H . Minim um Private Off-Street Loading: (See Chapter .ffi-5 of this Title , General Regulations .) I. Accessory Buildings And Permitted Accessory Uses: Any accessory building or use incidental only to permitted principal use , which accessory building or use complies with all of the following conditions: 1. Mobile Home Park Planned Development: a. Service building. b. Park office and manager's living unit. c . Recreational facilities, both indoor and outdoor, provided for the use of occupants of the park and their guests . d. Storage units and buildings . -5- e. Private off-street parking, may be enclosed. f. Vending machines for the convenience of the occupants of the park, i.e., soft drink, candy or ice-dispensing machines. g. Day care center. 2. All Other Permitted Principal Uses: The accessory use shall: a. Be clearly incidental and customary to and commonly associated with the operation of the permitted principal use. b. Be operated and maintained under the same ownership, or by lessees or concessionaires thereof, and on the same lot as the permitted principal use. c. Not include structures or structural features inconsistent with the permitted principal use. d. Not include residential occupancy other than by caretakers or watchmen. e. Be limited to a gross floor area of not more than ten percent (10%) of the area of the lot on which the permitted principal use is located, if the accessory use is operated partially or entirely in detached structures. f. Not be greater than ten percent (10%) of the gross floor area of the structure containing the permitted principal use if operated partially or entirely within the structure containing the permitted principal use (except garages, loading docks and company dining rooms). J. Conditional Uses: Provided the public interest is fully protected and the following uses are approved by the City Planning and Zoning Commission and City Council: 1. Uses: a. Automobile wrecking yards and junk yards. (1) Any automobile wrecking yard or junk yard opened after the effective date of this Ordinance SECTION shall be on a parcel or adjoining parcels of not less than one acre but not to exceed one and one-half (1 1/2) acres . (2) Any automobile wrecking yard or junk yard approved pursuant to the provisions of this Ordinance SECTION or any existing automobile wrecking yard or junk yard expanded under the provisions of this Ordinance SE CTI 0 N, shall be set back no less than one hundred fifty feet (150') from the boundary line of any residential zone district. (3) Any automobile wrecking yard or junk yard approved pursuant to the provisions of this Ordinance SECTION shall be enclosed -6- • • • • • • (4) (5) on its perimeter with a solid, nontransparent vertical wall or fenc e with a minimum height of six feet (6') and a maximum of twelve feet (12') measured from ground level. Fences of woven wire or chainlink materials shall be prohibited. Any automobile wrecking yard or junk yard approved pursuant to the provisions of this Ordinance and all yards existing on the effective date of this Ordinance shall comply with Title 5 , Chapter 10 of the Englewood Municipal Code , as amended, entitled fxuto Wrecking and Junk Ya1·ds , and all other applicable codes or ordinances. Any automobile wrecking yard or junk yard which is licensed by the City on the effective date of this Ordinance SECTION shall be deemed to be an approved yard whether or not it has a minimum area of one acre , and such yard may be expanded onto abutting property, provided that such expanded yard conforms to the requirements of this and any other applicable codes or ordinances. b. Amusement establishments including, but not limited to, billiard halls , bowling alleys, coin-operated games , dance halls , electronic or video games , night clubs, outdoor commercial recreational facilities , pool halls , or skating rinks . c. Recycling operations, including, but not limited to , the processing of batteries, construction waste , glass , metals and/or alloys, paper , plastics and tires , excluding food waste, automobile wrecking yards and junk yards as cited in Subsection J(l )(a) of this Section. Buyback centers that do not process recycled materials and store their materials within an enclosed structure or a roll-off container, semi- trailer , or similarly self-contained apparatus shall be exempt from this Subsection J(l)(c). (1) Any recycled material manufacturing opened after the effective date of this Subsection J(l)(c) shall be located on one or more contiguous parcel(s) which total area shall not be less than one acre. (2) The manufacturing and storage of all processed and unprocessed materials shall be enclosed with a solid, nontransparent vertical wall or fence with a maximum hei ght of eight feet (8') on the parcel(s) frontage and twelve feet (12') on t he parcel(s) side and back boundaries. Fences of woven plastic, wire or chain link shall be prohibited. 3) The stockpiling of all processed and unprocessed materials shall not exceed the height of the wall or fence. (4) No more than seventy-five percent (75%) of the parcel(s) total size may be utilized for the storage of processed or unprocessed materials . -7- (5) All recycled material manufacturing businesses operating under a conditional use provision shall be subject to yearly administrative compliance review of the adopted conditions. d. Temporary employment businesses as defined by and which are required to be licensed under Title 5 of this Code , shall comply with the following requirements in addition to the provisions of 16-5-21 E.M.C.: (1) Shall be located no closer than one thousand feet (1 ,000') from any residential zone district. (2) Shall be located no closer than one thousand feet (1 ,000') from any establishment selling alcohol by the package or drink. (3) Shall be located no closer than one thousand feet (1 ,000') from any public gathering facility. (4) With respect to the distancing requirements in this subsection between a business premises for which a temporary employment service is proposed and another use , the distance shall be measured by following a straight line from the nearest point of the property line of the business premises of the proposed temporary employment service to the nearest point of a residentially zoned district or the property line of the specific use listed. E. HAZARDOUS WASTE , INCLUDING BUT NOT LIMITED TO THE STORAGE, PROCESSING, COLLECTION, OR WAREHOUSING OF HAZARDOUS WASTE SHALL MEET ALL OF THE CONDITIONS LISTED BELOW. (1) HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL APPLICABLE STATE AND FEDERAL REQUIREMENTS NECESSARY FOR THE OPERATION OF A HAZARDOUS WASTE FACILITY. (2) HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL APPLICABLE CITY REGULATIONS . (3) PROCESSING OF HAZARDOUS WASTE SHALL BE CONDUCTED ENTIRELY WITHIN AN ENCLOSED STRUCTURE. STORAGE OF HAZARDOUS WASTE SHALL BE CONTAINED ENTIRELY WITHIN AN ENCLOSED STRUCTURE OR WITHIN AN APPROVED ABOVE- GROUND STORAGE TANK. (4) HAZARDOUS WASTE OPERATIONS SHALL BE LOCATED A MINIMUM OF FIVE HU DRED FEET (500 ') FROM THE BOUNDARY LINE OF ANY RESIDENTIAL ZONE DISTRICT OR PARK. -8- • • • (5) HAZARDOUS WASTE OPERATIONS SHALL CONFORM • TO ALL CONDITIONS OF SUBSECTION K: LIMITATIONS ON EXTERNAL EFFECTS OF USES. K. Limitations On External Effects Of Uses: Every use established or placed into operation after the effective date of this Ordinance SECTION shall comply forthwith with the following limitations. All uses established and in operation on the effective date of this Ordinance SECTION shall be made to comply with the following limitations: 1. Volume Of Sound Generated: Every use , unless expressly exempted by this Ordinance THE CITY COUNCIL, shall be so operated that the volume of sound inherently and recurrently generated does not exceed seventy (70) decibels at any point of any boundary line of the lot on which the use is located. 2. Vibration Generated: Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible , without instruments , at any point of any boundary line of the lot on which the use is located. 3. Emission Of Heat, Glare , Radiation, Dust And Fumes : Every use shall b e so operated that it does not emit an obnoxious or dangerous degree of heat, glare , radiation, dust or fumes beyond any boundary line of the lot on which the use is located. • 4 . Outdoor Storage And Waste Disposal: a . No highly flammable or explosive liquids , solids or gasses shall be stored in bulk above ground . Tanks or drums of fuel or railroad locomotive fueling or directly connecting with energy devices, heating devices , or appliances located on the s ame lot as the tanks of drums of fuel are excluded from this provision. b. All outdoor storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors shall be enclosed by a solid fence or wall adequate to conceal such facilities , fuel , raw materials and products from adjacent residential districts; provided , however, that such fence or wall need not exceed eight feet (8') in height. c. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes. 5 . Liquefied petroleum gas installations shall conform to curre nt Fire Code requirements. 6. No use shall be undertaken in a manner that creates a common nuisance . L. Screening: In an effort to lessen the incompatibility between a residential • district and an industrial district where those districts abut , adjoin or are adjacent, one to the other, it is deemed necessary that the owner of the use in -9- the industrial zone district take certain measures to protect those persons in the residential district. Persons in the residential district shall be protected from the possible adverse effects of the noise and lights from cars, the passage of materials or wastes from parking lots, loading areas and storage yards and to discourage juveniles from trespassing in hazardous areas where the storage of equipment and supplies may create an attractive nuisance . One of the following provisions shall be applied: 1. Setback/screening in addition to the landscaping requirements. There shall be no less than a ten foot (10') setback from the property line where it abuts , adjoins or is adjacent to a residential district. The setback area shall be landscaped with lawn, trees and shrubs of both a deciduous and evergreen variety. Such landscaping plan shall be filed with the building p e rmit application . 2. As an alternative to Subsection L(l). The portion of the property which abuts upon, adjoins or is adjacent to the residential zone dis trict shall be screened by a decorative, closed-face or solid concrete , block, wood, or brick fence not less than six feet (6 ') high, which fence need not be set back from the property line . 3 . No building or portion there of shall qualify as a wall, screen , or fence under the provisions of this Section. An exception to this subsection shall be made as necessary at an intersection or at an entrance to an alley or driveway in order not to obstruct the view of a motorist except as provided in subseetions 16 4 17Efi , 16 4 18Glg and E .M.C. 16-5-14. M . Landscaping: See Landscaping SHALL BE IN ACCORDANCE WITH Ordinance 16 4 18 6f this Title . N . Procedure for Development of Mobile Home Parks. 1. Mobile Home Park Development Plan required. At the time the application is submitted for the Mobile Home Park Planned Development, either for the expansion of an existing park or for a new park , the applicant shall submit twenty-five (25) copies of a Development Plan for the proposed park . This plan shall comply with all applicable City codes and with the provisions of this Chapter and shall include all of the information in Subsection N (2) hereof. 2 . The procedure for processing the Development Plan shall be in accordance with section E.M.C. 16-4-15 of the Comprehensive Zoning Ordinance; however, where additional information or specific procedure is required herein, those provisions shall prevail. -1 0- • • • • 0. • • Standards for Development of Mobile Home Parks. 1. Mobile Home Park site location. The Mobile Home Park shall be located on a well-drained site , shall not be within the lines of a 100-year flood plain or flood hazard area, and the site shall be made free from marshes, swamps or other potential breeding places for insects or rodents. The site should not be exposed to undue chronic nuisances such as noise, smoke , fumes or odors. The topography on the Mobile Home Park site should be favorable to minimum grading, mobile home placement and ease of maintenance. The longitudinal grade for the individual space shall not exceed five percent (5%) and an adequate crown or cross-gradient for surface drainage shall be provided. 2. Information to accompany the Mobile Home Park Development Plan. A complete Development Plan for the purpose of obtaining a Mobile Home Park permit shall be drawn to scale (not smaller than 1 " equals 20') and shall show or state: a . The area and dimensions of the tract of land . b. Contours when topography is a design factor and required by the City Engineer. c. The number, location, and size of all mobile home dwelling unit spaces , with each space designated as "mobile home" and showing the location of the individual storage building, fencing , outdoor livability area, and service space . d. The location and width of all inte rnal roadways and sidewalks. e . The location and size of automobile parking lots and layout of parking spaces and maneuvering areas. f . The location of the service buildings and any other existing or proposed structures , including the outline of the structures and overall dimensions . g . The location and intended development of recreation facilities and other open areas , excluding parking and maneuvering areas . h. The size and location of existing and proposed water and sewer connections, location of fire hydrants, and methods to be used for trash and garbage disposal. i. Designated fire lanes. J. Adjacent streets , showing rights-of-way and roadway widths . k. Adjacent buildings , showing outlines of the buildings and the number of floors . -1 1 - 1. Plans and specifications for all buildings , utilities and other improvements constructed or to be constructed within the park. m. Any additional information which will aid in the consideration of the proposed Mobile Home Park Development Plan. 3. Minimum area of Mobile Home Park. a. Mobile Home Park 8 acres. 4. Maximum density. a. Mobile Home Park 8 mobile home dwelling unit spaces per acre. 5. Maximum lot coverage. The maximum coverage of the mobile home lot shall be thirty-five percent (3 5 %) except as provided herein: a. Where a roof area , such as a carport or outdoor recreation shelters , is open for fifty percent (50%) or more of its perimeter, its lot coverage shall be computed as one-half (1/2) the a rea covered by the roof. b. Where the lot is adjacent, and has access to improved common open space, other than vehicular areas, and not less than twenty feet (20') in width, an additional five percent (5%) of the lot may be occupied. 6. Minimum lot dimensions and shapes. Minimum lot widths and areas shall be as required to meet lot coverage and yard , mobile home and building spacing, and other requirements as set forth herein. So long as these requirements are met, and the resulting layout of the lots is functional and provides for efficient provision of utilities and for convenient pedestrian and vehicular access , lot lines shall not be required to be perpendicular to streets or radial to curves, and lot shapes may take any form , provided , however, that in no case shall any area on the lot more than fifty feet (5 0') from the mobile home , nor any portion of the lot less than ten feet (10') in minimum dimension between opposing lot lines , be included in required lot or open space area. 7. Perimeter yards . a. Adjoining public streets. Where one or more boundaries of the Mobile Home Park Planned Development adjoin public streets, a yard of at least twenty five feet (25') in depth shall be provided adjacent to such boundary. b. Adjoining alleys. Where the boundary of a Mobile Home Park Planned Development adjoins an alley , a yard of at least ten feet (10') in depth shall be provided adjacent to such boundary. -12- • • • • • c . Adjoining a residential district. Where a Mobile Home Park Planned Development adjoins a residential district (R-1, R-2 , R-2-C, R-2-C/S.P .S ., R-3 or R-4) without an intervening street or alley, a yard of at least twenty feet (20') in depth shall be provided adjacent to such boundary. d. Adjoining a business or industrial district. Where a Mobile Home Park Planned Development adjoins a business or industrial district (B-1, B-2 , 1-1 , 1-2) without an intervening street or alley, a yard of at least twenty feet (20') in depth shall be provided adjacent to such boundary. e. Exceptions. If determined necessary i n order to provide protection to residents within a Mobile Home Park Development from excessive traffic noise , lights or other adverse influences from outside of the development, a greater depth and/or approved screen planting, walls or fences may be required in a yard. Such determination shall be made by the City Planning and Zoning Commission in conjunction with the consideration of the Mobile Home Park Planned Development Plan. f . Inclusion as part of individual lots and yards. Except as otherwise may be specifically provided, the yard may be included in individual lots and used to meet yard or area requirements for the mobile home thereon, if the yard is appropriately located and improved . g. Limitations on use of yards adjoining residential districts. No group parking facilities and no active recreation facilities for common use shall be located in any required yard adjoining lots in a residential district. 8. Livable open space on lots . Livable open space shall be provided on lots for mobile homes in an amount equal to not less than ten percent (10%) of the lot area, provided that in no case shall the required livable space b e less than three hundred (300) square feet. Such required livable space shall have a least dimension of not less than fifteen feet (15'). Such space shall be located for privacy, convenience and optimum use and shall be walled, fenced or planted to assure reasonable privacy . Within such area, an area suitably surfaced for the placement of garden or lawn furniture shall be provided, which surfaced area shall be not less than one hundred (100) square feet in area with a least dimension of ten feet (10'). The surfaced area may be a movable element in order to permit maximum flexibility in providing for a variety of mobile home widths , floor plans and locations on the lot . This area may be covered with a roof, creating a recreational shelter, subject to limitations on maximum lot coverage. Parking areas and driveways shall not be included in required livable open s pace . -13- a. Yards, open space adjacent to mobile home units and spacing of units . (1) Intent. Yards and other open spaces required herein in relation to the mobile home dwelling units are intended to perform a variety of functions. Among these are to assure adequate privacy, and to provide usable outdoor living space , a desirable outlook from the principal living room exposure, natural light and ventilation, access to and around the units , off-street parking and spacing between the mobile home dwellings and between the dwelling unit and other buildings for reducing potential adverse effects of noise , odor, glare or hazards from fire. It is intended in these regulations to relate requirements to performance of these functions , allowing maximum flexibility in detailed site planning and use in so long as performance standards are met. (2) Dwelling unit exposure and outlook. For purposes of relating requirements to function, yards and other open spaces around the mobile home dwelling units, distances between dwelling units and other buildings shall be determined by exposures and outlooks from the portions of the dwelling units involved. Exposures of portions of dwelling units and the minimum open space depth are defined and classified as follows: (A) Class A -portions of walls containing principal living room exposure to outdoor living area through major windows and/or glassed doors. Prime consideration here is direct view of, and convenient access to , outdoor livable space. In cases where two (2) walls of the dwelling unit provide this type of exposure from the living room, either may be selected as the Class A exposure, and the other shall be considered Class C. Class A exposures . Minimum open space depth for Class A exposures shall be fifteen feet (1 5'). The Class A exposure shall be to livable space, required or other, on the lot, and not to parking area or driveway area. -14- • • • • • • (B) Class B. Portions of walls containing the only windows for bedrooms, or principal windows and/or glassed doors for bedrooms, where privacy , moderate outlook and light and air are principal considerations . Class B exposures . Minimum open space depth for Class B exposures shall be ten feet (10'). This may include livable open space , and parking and driveway areas on the lot. (C) Class C. Portions of walls containing secondary windows for bedrooms , windows for kitchens , bathrooms , utility rooms, and the like , secondary windows for living rooms , or exterior doors other than entries with Class A orientation, where windows involved do not involve privacy or are so located, shielded, or are of such a nature that necessary privacy is assured, and where light, air, and fire protection are principal considerations. Class C exposures. Minimum open space depth for Class C exposures shall be eight feet (8'). This may include the same types of open space as for B. (D) Class D. Portions of walls containing no windows, doors , or other openings, but not so constructed or safeguarded as to be suitable for attachment to other dwelling units or principal buildings . Principal concern in such cases is with fire protection. Class D exposures. Minimum open space depth for Class D exposures shall be five feet (5'). This may include the same types of open space as for B. (E) Class E. Portions of walls containing no windows, doors or other openings , and so constructed or safeguarded as to provide at least one-hour fire protection if it were attached to another mobile home dwelling unit or to a permitted building. Class E exposures. No minim um open space depth requirements . -15- 9. Distance to common areas. Except as provided above , distance from any exposure to a street pavement or to the edge of a common driveway, a common parking area, a common walk, or other common area shall be at least eight feet (8'). For Class A exposure this distance shall be at least fifteen feet (15'). Carports open in a manner which assures compliance with the provisions of Subsection 0(5), Maximum Lot Coverage, may extend to within four feet (4') of a common sidewalk adjacent to a street or common parking area, or to within four feet (4') of the street pavement or common parking area if no such sidewalk is involved; but the carport may not be in the required livable space or in any portion of the open space which constitutes a Class A exposure. 10. Carports , individual recreational shelters, storage facilities in required open space . a. Carport. A carport enclosed for fifty percent (50%) or less of its perimeter, and with enclosure of ten percent (10%) or less of the portion of its perimeter opposite any Class B or C exposure, may be located in any portion of the open space on the lot which is not required livable space and does not constitute Class A exposure. b. Individual recreational shelter. An individual recreational shelter as described in Subsection 0(8), enclosed for fifty percent (50%) or less of its perimeter in a manner which does not constitute undesirable impediment to view or fire hazard may be located in any livable space on the lot. c. Storage facilities. Storage facilities may be included as part of the enclosure for carports and recreational structures subject to the limitations set forth above. Independent storage structures containing not more than one hundred (100) cubic feet of storage space may be located in any portion of required open space on the lot, provided that as located and constructed such structures do not constitute undesirable impediments to view or fire hazards. 11. Spacing of mobile home dwelling units on adjacent lots. Minimum required distances between mobile home dwelling units , or additions thereto enclosed for more than fifty percent (50%) of their perimeters, shall be the sum of the required distances for the exposures involved. 12. Equivalent spacing alternative. As an alternative to providing required open space between units or portions of units as the sum of adjoining open spaces on individual lots , where equivalent spacing can be assured in a form appropriate to the exposures involved by decreasing clearance from the lot line on one lot and increasing clearance from the lot line on the other, this arrangement may be permitted, provided that access for servicing and maintenance of units involved can be assured , and further, provided that minimum open space depth for Class A exposures shall be located on the same lot as the unit. Thus, for example, in a row of lots on which Class A exposures faced Class C exposures , calling for minimum open space depth of fifteen feet (1 5') on the lots with Class A exposure and eight feet (8') on the lots with Class C, the units could all be moved -16- • • • • • • 13. to the lot line on the Class C exposure side if the minimum depth on the Class A exposure side was increased to twenty-three feet (23'). Occupancy of mobile homes . a. No mobile home shall hereafter be occupied unless it is parked in an approved Mobile Home Park. b. No mobile home shall be occupied in a Mobile Home Park unless the mobile home is situated within a designated space and on a HUD approved foundation or on a concrete slab of not less than four inches (4") in thickness and no smaller than the outside dimensions of the mobile home to be accommodated. c. Jacks , or stabilizers, or precast concrete block with a base not less than sixteen inches by sixteen inches by four inches (16" x 16" x 4"), must be placed under the frame of t he mobile home to prevent movement on the springs while the home is parked for occupancy . 14. Skirting. All mobile homes shall be permanently sited according to HUD standards or shall be completely enclosed from the floor to the ground with a noncombustible material. Enclosures shall be vented by the installation of two (2) openings not less than one square foot each, located at diagonal corners from each other and covered with a corrosion- resistant screen or grill having openings not less than one-quarter inch (1/4") nor more than one-half inch (1/2") in any dimension. One access door , a minimum of eighteen inches by twenty four inches (18" x 24"), shall be installed in the skirting ahead of the front axle and one behind the rear axle of the mobile home. 15. Mobile home wind security. Each mobile home in a Mobile Home Park shall be protected against wind forces by the installation of overhead ties and frame ties anchoring the home securely to the ground, as follows: a. Required number and types of ties. (1) Mobile homes 30' -50' --3 frame ties per side. (2) Mobile homes 50' -70' --4 frame ties per side . (3) Mobile homes over 70' --5 frame ties per side . (4) Over-the-home ties as close to each end as possible with straps at stud end and rafter location . (5) Posts for cabanas and awnings must be securely anchored to a concrete patio or equivalent footing . b. Anchoring specifications . (1) Auger or deadman type anchors , 6" in diameter. Arrowhead type anchors , 8" in diameter . -1 7 - (2) Auger or arrow head anchors should be sunk to depth of four feet (4'). "Deadman" type anchors should be sunk to depth of five feet (5'). (3) Anchor rod, 5/s" diameter with ends welded closed to form an eye. Must be hooked into concrete where used in deadman anchors. c. Tie and connector specifications. (1) Ties shall be galvanized steel straps 11/4" x .035 or woven wire, galvanized or stainless steel cable 3/8 " diameter or 1/4 " aircraft cable. (2) Connectors shall be turnbuckles 5/a " diameter of drop forged steel with ends welded or forged closed to form an eye or other tensioning devices of similar strength. 16 . Standards for street system. a. The street system within the park shall be so designed that access to all lots used for parking mobile homes shall be from within the park. No lot shall be so laid out or improved as to permit direct access to any public street or highway . b. Streets leading into the park from public streets and highways shall be paved to a width of at least forty feet (40') for a distance of at least one hundred feet (100') from the public street or highway, and no parking shall be permitted on such streets within twenty- five feet (25') of the public street or highway. c. Other streets in the park shall be paved to a minimum width (curb to curb) of twenty-eight feet (28') for one-way streets, thirty-eight feet (38') for two-way streets, where parking is permitted. For each side of such streets on which parking is prohibited, minimum width may be reduced by eight feet (8'). d. Curves on all access roads shall have a minimum inside radius of not less than twenty feet (20'). e. Dead-end streets may be used, provided that no such street shall exceed four hundred feet (400') in length, and that such streets shall be provided at the closed end with a turn around of at least forty-five foot (45') radius at the outside edge of the paving . f. All streets within the park shall be built to City of Englewood construction specifications, and shall include curb and gutter. g. Signs shall be placed at street intersections within the park designating the mobile home space numbers located along each street. The letters on such signs shall be a minimum of three inches (3") in height and shall be reflectorized. -1 8- • • • • • • 17 . Parking. In Mobile Home Parks, not less than two (2) parking spaces shall be provided for each mobile home space. Parking spaces shall be conveniently located with respect to normal anticipated use by tenants and visitors and in relation to service facilities. Such parking spaces shall be not less than nine feet by twenty feet (9' x 20'). 18. Walkways. Concrete walkways not less than twenty-four inches (24") wide shall be provided from mobile home spaces to streets , and all other concrete walkways shall be at least thirty inches (30") wide. 19 . Screening. Adequate protection shall be provided the residents of the park from any undesirable off-site views or any adverse influence from adjoining streets and properties . To this end, the park shall be surrounded by a fence, wall, or planting screen on all sides abutting or adjacent to other private property, or an arterial street or highway. If a fence or wall is used , it shall be at least six feet (6') in height and of solid construction. If vegetation is used in place of a fence or wall, it shall be of a nature which provides equivalent protection to the property and to neighboring property . Notwithstanding other requirements of this provision, no fence , wall or vegetative screening shall be permitted to extend into any required exterior yard at a height or in a manner which materially impedes the visibility of a motorist exiting from the park onto a public street. 20 . Recreational area. For children's play and adult recreation, not less than eight percent (8%) of the gross area shall be set aside and appropriately improved, and this area shall not be used for any other purpose. The children's play area shall be so located and protected as to minimize danger from traffic. Recreation areas may include space for a community building and community use facility such as indoor recreation area , swimming pool or hobby workshop. 21. Lighting. a . Street and yard lights shall be provided in such number and intensity as to insure safe movement of vehicles and pedestrians at night. b. Each service building shall be adequately lighted inside , and shall have outside lights large enough to illuminate the immediate area, which lights shall be placed in such a manner that identifying signs are readable at night. 22. Clothes drying area required. Adequate inside drying facilities adjacent to the washing facilities in the service building shall be provided . Umbrella-type drying facilities may be installed in the individual mobile home space as a part of the basic facilities . -1 9- 23. Fire protection requirements. a. All portions of any park shall be within five hundred feet (500') of.fire hydrant of size and design conforming to the City of Englewood Fire Code. b. Every park shall be equipped at all times with supplementary fire extinguishing equipment in accordance with the City of Englewood Fire Code. Fire extinguishers which are provided shall have a minimum rating of 2A-10 BC U/L. c. Each park shall have designated fire lanes, the location, dimensions and construction of which shall conform to the City of Englewood Fire Code. 24. Service building requirements. a. Service building requirements for mobile home parks . Every mobile home park shall provide adequate sanitary facilities for emergency use in a service building or buildings. These facilities shall consist of at least one flushtype toilet and one lavatory for each sex. Such facilities shall be maintained in a clean and sanitary condition and in working order at all time. b . Additional service building requirements. Service buildings : (1) Shall be located at least fifteen feet (15 ') from any mobile home space. (2) Shall be of moisture-resistant material on the inside, to permit frequent washing and cleaning and shall be adequately lighted. (3) Shall be of permanent construction of one-hour fire rating, complying with City of Englewood Building Codes. (4) Shall have adequate heating facilities to maintain a temperature of sixty eight degrees (68') Fahrenheit during cold weather , and to supply adequate hot water during peak hour demands . (5) Shall have all rooms well ventilated with all openings effectively screened. (6) Shall provide separate compartments for each water closet, adequately screening other compartments from view. The toilet and other sanitation facilities for males and females shall be e ither in separate buildings or shall be separated, if in the same building, by a soundproof wall. The sanitation facilities for males and females shall be distinctly marked to denote the sex for which they are intended. -20- • • • • 25. • 26. • Water and sanitary sewer service and plumbing regulations. a . Water supply . (1) An accessible, safe, and potable supply of water, with a residual pressure of not less than twenty (20) PSI at each mobile home site under normal operating conditions, shall be provided in each mobile home park. Where a public supply of water is available , connection shall be made thereto and its supply shall be used exclusively except a private water supply may be used for irrigation purposes. (2) The development of an independent water supply to serve the park shall be made only after express approval has been granted by the City and plans and specifications for the water system have been approved by the City and State Department of Health. b. Public sewer system connection required. Parks shall be connected to the public sewer system , and such connection shall be approved by the City. All sewage disposal apparatus , including appurtenances thereto, shall be provided , maintained and operated so as not to create a nuisance or health hazard. The usage of the sewer shall conform to all City ordinances. c. Plumbing regulations. All plumbing in the mobile home park shall comply with State and City of Englewood Plumbing Codes and Regulations. Electrical requirements. a. Services . (1) Electrical services in mobile home parks shall comply with the requirements of the National Electrical Code, the Electrical Code of the State of Colorado, and the Municipal Code of the City of Englewood. (2) Electrical distribution systems in mobile home parks shall be installed underground . Such installation shall be in conformance with the National Electrical Code. (3) Mobile home spaces shall be provided with an approved raintight power outlet panel with pedestal containing one hundred (100) amp. main disconnect, one llOV 20A GFI receptacle , and one receptacle rated at fifty (50) amps. protected by a fifty (50) amp . circuit breaker. Each pedestal shall be installed within eighteen inches (18") of the mobile home. The pedestal shall be permanently installed on a poured concrete post or approved metal frame secured in concrete set thirty inches (30") below grade. Bottom of pedestal housing shall have a minimum height of eighteen inches (18") above grade. -21- (4) Lighting shall be in accordance with Subsection 0(21), Lighting. b . Branch circuits. Extension cords shall terminate in a panel inside the mobile home. Said panel shall be supplied by an approved cord fifty (50) amp. 4 -wire single phase. 27. Fuel storage and connections. a. Mobile homes using liquefied petroleum gas for cooking and heating units are subject to inspection for compliance with the State of Colorado law in liquefied petroleum gasses. These units may be converted to use natural gas. For the safety of occupants, it shall be the responsibility of the park owner or operator to ensure that no natural gas units in a mobile home are connected or used until such gas units are inspected and approved by a gas utility company supplying the service. All rules and regulations of the Gas Utility Company as filed with the Public Utilities Commission shall be adhered to prior to gas service being provided. b. All piping from outside fuel storage tanks or cylinders to heating units in mobile homes shall conform to applicable state law and applicable Englewood City ordinances. All fuel storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath the mobile home. c. Oil storage shall conform to applicable state law and applicable City of Englewood ordinances . 28. Refuse disposal. The storage , collection and disposal of refuse in the mobile home park shall be so managed as not to create health hazards, rodent harborage, insect-breeding areas, accident hazards , or air pollution. All refuse shall be stored in fly-tight , water-tight, rodent-proof containers , which shall be provided in sufficient number and capacity to accommodate all refuse from the park. Satisfactory container racks or holders shall be provided at permanent locations, convenient to the mobile home spaces , in areas appropriately screened from view , and shall comply with all health regulations . Methods of storage , collection and disposal are subject to approval of the Neighborhood Services Division. 29. Additions to mobile homes. a. No additions shall be built onto or become a part of any mobile home except: (1) Skirting of mobile homes as set forth in Subsection 0(14). (2) Cabanas , patios or porches . (3) An attached garage will be permitted if it does not damage the integrity of the mobile home. -22- • • • • • b . A building permit shall be required for any addition permitted in Subsections a(2) or a(3) above. 30. Storage space required. a. Each mobile home space shall be provided with not less than one hundred (100) cubic feet of storage space. Such storage space may be provided within individual units located on each mobile home space or in a central building no more than one hundred feet (100') from the mobile home space for which the storage is provided. All such storage units and buildings shall be of weather resistant materials and one-hour fire resistant construction. b. No storage shall be permitted underneath any mobile home. 31. Parking of mobile homes. a. No mobile home shall be parked or permitted to stand upon any public street, highway, road, alley or other such right-of-way for more than twenty-four (24) hours unless a special permit is obtained from the Department of Safety Services of the City. b. No mobile home shall be maintained upon any private or public property in the City when the same is used for living purposes unless the property is registered as a mobile home park. No mobile home shall be stored within any required front , side or rear yard as specified by the Comprehensive Zoning Ordinance . c. Where an existing individual mobile home is parked on a private lot and occupied as a dwelling on the effective date of this Section, it shall be registered with the Neighborhood Services Division CITY within ninety (90) days after the effective date of this Chapter SECTION. 32 . Building permit required. a . No person shall commence the development of land for a mobile home park, or alter, install or remove any structural improvement in any mobile home park without first securing a building permit from the Division of Building and Safety authorizing such alterations , installation or removal. b. An application for a permit authorizing any structural installation, alteration or removal within an existing park or for the development of land for a mobile home park shall set forth the following information , insofar as the same is applicable and is known or can be ascertained by the applicant through the exercise of due diligence . The application for a permit to develop land for a mobile home park shall be accompanied by the approved Development Plan . (1) A survey by a registere d land surveyor showing the location, boundaries, dimensions and area of the proposed mobile home park. -23- (2) The number, location and size of all mobile home spaces . (3) Names and right-of-way and roadway widths of adjacent streets. (4) Zoning and land use of surrounding property. (5) Proposed routes of access to and egress from the mobile home park. (6) The location and width of roadways and walkways, recreational areas , and off-street parking areas within the park. (7) The location of service buildings and any other proposed structure, and the location, dimensions and plan for development of the required recreation area. (8) The location, size and type of water and sewer lines , traps, vents and risers for water and sewer. (9) Plans and specifications of all buildings and other improvements constructed or to be constructed within the mobile home park. (10) Such other information as may reasonably be required. c. The permit shall be valid only for the plan submitted with the application and shall not be transferable to any person other than the permittee, nor to any other lot, tract, or parcel ofland within the corporate limits of the City of Englewood. d. The permit shall expire six (6) months after the date of issuance if construction has not begun and is not diligently pursued. e. All buildings and utilities to be constructed, altered or repaired in a park shall comply with all applicable codes and engineering specifications of the City of Englewood and State of Colorado, and all applicable permits shall be obtained. 33. Certificates of occupancy. a. It shall be unlawful to permit any person to occupy, maintain or operate a mobile home park within the corporate limits of the City of Englewood unless and until a valid certificate of occupancy has been obtained. b . In connection v;ith any park established after the effective date of this Ordinance, No certificate of occupancy shall be issued unless a nd until all of the roadways are constructed within the park and not less than fifty percent (5 0 %) of the park has been completed and is in compliance with the terms of this Ordinance TITLE. -24- • • • • • 34. Existing parks; certificate of occupancy . a. Within thirty (30) days aftn· the effeetive date of this Ordinanee or within thirty (30) days after annexation to the City of Englewood subsequent to the effeetive date of this Ordinanee, The owner or operator of each existing mobile home park shall be mailed forms on which to apply to the Division of Building and Safety for a certificate of occupancy. Application shall be, in writing, and shall contain such information as the division may require to determine wherein the park does not conform to all requirements of this Ordinanee TITLE. b. The Division of Building and Safety CHIEF BUILDING OFFICIAL shall issue a certificate of occupancy to the owner or operator of legally existing parks. The certificate shall list the requirements of this Ordinanee THE ENGLEWOOD MUNICIPAL CODE with which the park does not conform. Nonconformance with health and safety requirements of this Ordinanee shall be listed separately from nonconformance with other requirements. c. It shall be unlawful to permit any person to occupy any mobile home in any mobile home park within the corporate limits of the City of Englewood until all facilities therefor have been inspected and approved by the Division of Building and Safety and a permit to occupy the unit has been issued. 35. Existing parks; alteration, extensions. Nti-ANY existing park which does not CURRENTLY meet the requirements of this Section shall NOT be remodeled, reconstructed, redeveloped, altered, extended or reduced in size , except in a manner which increases the degree of compliance with this Section. 36. Compliance with regulations. The person to whom a mobile home park occupancy permit is issued shall at all times operate the park in compliance with this Section and regulations issued hereunder, and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition at all times. 37. Annual inspections required. a . The Neighborhood 8er.9:ees Division CITY is hereby authorized and directed to inspect each mobile home park located within the City of Englewood annually in order to determine the degree of compliance or noncompliance with the terms of this Section and to enforce compliance with the provisions of this Section. The inspector shall have the power to enter at a reasonable time, upon reasonable notice , any private or public property for the purpose of inspecting and investigating conditions related to the enforcement of this Section or any regulation which may be promulgated hereunder. The inspector shall make such additional inspections as may be necessary to assure compliance with this Section . -25- b. It shall be unlawful for any person to refuse the inspector access to a mobile home park for the purposes of inspection. Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 16 , Chapter 4, Section 14, entitled I-2 General Industrial District , of the Englewood Municipal Code 1985, to read as follows: 16-4-14: I-2 GENERAL INDUSTRIAL DISTRICT: The I-2 Industrial District is composed of certain general industrial areas of the City plus certain open areas where similar industrial development appears likely to occur . The I-2 General Industrial District should be located near major roadways, truck routes , and railways to provide adequate facilities for importation and exportation of goods to and from the District and to lessen traffic congestion on neighborhood streets caused by industrial transportation. The regulations of this District are designed to stabilize and protect the essential characteristics of the District; and , because of the more intense nature of the development within this District, it is not intended that it abut upon , adjoin or be adjacent to a residential zone district . The development consists of general industrial uses, plus certain uses providing services to the area, and regulations are established to govern the external effects of uses in the District. A. General Regulations . The provisions found in this Zone District shall be subject to the requirements and standards found in Chapter -±B-5, "General Regulations", ofthis Title , unless otherwise provided for in this 0Pdirrnncc SECTION or an amendment hereto. B. Permitted Principal Uses . No land shall be used or occupied and no structure shall be designed, erected , altered, used or occupied except for one or more of the following uses : 1. Any use permitted in the I-1 Industrial Zone District except mobile home parks and other residential uses which shall be prohibited . Each permitted use from the I-1 Zone District must also comply with all the restrictions and requirements set forth in the section establishing or allowing the permitted use unless specifically modified by this Section. 2. Manufacturing, processing and/or fabrication. The manufacturing, processing and/or fabrication of any commodity , except the basic manufacture and processing of animal by-products or any organic type fertilizer , and any metal shredding or auto shredding operation, or similar use. 3 . Sale at wholesale or storage. The sale at wholesale, the warehousing and/or storage of any commodity. 4 . Sale at retail. The sale at retail of the following: a . Any commodity manufactured, proce ssed or fabricated or warehoused on the premises. -26- • • • • b . Equipment, supplies and materials (except co mmercial explosives) designed for use in agriculture, mining, industry, business , transportation, building and other construction. 5. Repair, rental and servicing. The repair, rental and servicing of any commodity. 6. Commercial incinerator. 7. Natural production uses . The excavation of sand , clay, gravel, or other natural mineral deposits or the quarrying of any kind of rock formation, except top soil; the land shall be reclaimed for uses permitted within the Zone District. 8. Sewage disposal plant. 9. Recycling operations, including but not limited to the processing of batteries , construction waste , food waste , glass , metals and/or alloys, papers , plastics and tires which complies with condition a , as listed below . Buy back centers that do not process recycled materials and store their materials within an enclosed structure or a roll-off container, semi- trailer, or similarly self-contained apparatus shall be exempt from this Subsection B(9): a. The manufacturing and storage of all materials shall occur within an enclosed structure. The storage of materials may occur outside of the structure providing said storage is in a roll-off container, semi-trailer or similarly self-contained apparatus. For operations not conducted within an enclosed structure, see Subsection I (3) of this Section. 10 . Automobile wrecking or junk yard. Any automobile wrecking or junk yard approved under the provisions of this Ordinance TITLE shall have a minimum area of one and one-half (1 1/2) acres , and shall comply with the provisions of Chapter 10, Title 5 of the Englewood Municipal Code, as amended, and any other applicable codes or ordinances. 11. Any similar lawful use , which, in the opinion of the PLANNING AND ZONING Commission is not objectionable to nearby property by reason of odor, dust, smoke, fumes , gas, heat, glare, radiation or vibration, or is not hazardous to the health and property of the surrounding area through danger of fire or explosion. C. Prohibited Uses: D . 1. No sales or service activity shall be allowed from any temporary structure or vehicle when a building permit application has not been submitted for a permanent building or structure to replace the temporary structure. 2. The height of materials or equipment being stored s hall not exceed the h eight of the screening, fence or wall. Maximum Gross Floor Area In Structures: The s um total of the gross floor area in all structures on a lot, excluding the gross flo or area of off-street parking -27- garages, shall be not greater than two (2) times the area of the lot on which the structures are located. E. Minimum Setbacks: Where an I-2 building site abuts upon, adjoins or is adjacent to a residential zone district, a setback of fifty feet (50') is required. F . Minimum Private Off-Street Parking: (See Chapter 5 of this Title , General Regulations.) G. Minimum Private Off-Street Loading: (See Chapter 5 of this Title , General Regulations .) H. Accessory Buildings And Permitted Accessory Uses: Any accessory building or use incidental only to a permitted principal use , which accessory building or use complies with all of the following conditions: l. It is clearly incidental and customary to and commonly associated with the operation of the permitted principal use . 2. Is operated and maintained under the same ownership or by lessees or concessionaires thereof and on the same lot as the permitted principal use . 3. Does not include structures or structural features inconsistent with the permitted principal use . 4. Does not include residential occupancy except by caretakers or watchmen. 5. If operated partially or entirely in detached structures , such detached structures shall be limited to a gross floor area of not more than ten percent (10%) of the area of the lot on which the permitted principal use is located. 6. Jf operated partially or entirely within the structure containing the permitted principal use, the gross floor area within such structure utilized by accessory uses (except garages , loading docks and company dining rooms) shall be not greater than ten percent (10 %) of the gross floor area of the structure containing the permitted principal use . I. Conditional Uses: Provided the public interest is fully protected and the following use is approved by the Commission: l. Dump. (See Chapter~ 5 of this Title , General Regulations.) 2. Amusement establishments including, but not limited to , billiard halls, bowling alleys , coin-operated games , dance halls , electronic or video games, night clubs, outdoor commercial recreational facilities , pool halls , or skating rinks . 3. Recycling operations , including, but not limited , to the processing of batteries , construction waste , glass , metals and/or alloys , paper , plastics, and tires shall meet the conditions in Subsection I(3 )(a) through (e) of this Section , as listed below . Food waste , automobile wrecking -2 8- • • • • • yards and junk yards as cited in Subsection 16 -4 -13(J)(l)(a) of this Chapter are excluded. Buyback centers that do not process recycled materials and store their materials within an enclosed structure or a roll- off container, semi-trailer, or similarly self-contained apparatus shall be exempt from this Subsection 1(3): a. Any recycled material manufacturing opened after the effective date of this Subsection 1(3) shall be located on one or more contiguous parcel(s) which total area shall not be less than one acre . b. The manufacturing and storage of all processed and unprocessed materials shall be enclosed with a solid, nontransparent vertical wall or fence with a maximum height of eight feet (8') on the parcel(s) frontage and twelve feet (12') on the parcel(s) side and back boundaries . Fences of woven plastic, wire or chainlink shall be prohibited. c. The stockpiling of all processed and unprocessed materials shall not exceed the height of the wall or fence. d . No more than seventy-five percent (75%) of the parcel(s) total size may be utilized for the storage of processed or unprocessed materials. e . All recycled material manufacturing businesses operating under a conditional use provision shall be subject to yearly administrative compliance review of the adopted conditions . 4. Temporary employment businesses as defined by and which are required to be licensed under Title 5 of this Code, shall comply with the following requirements in addition to the provisions of E.M.C . 16-5-21: a . Shall be located no closer than one thousand feet (1 ,000') from any residential zone district. b . Shall be located no closer than one thousand feet (1,000') from any establishment selling alcohol by the package or drink. c. Shall be located no closer than one thousand feet (1,000') from any public gathering facility. d. With respect to the distancing requirements in this subsection between a business premises for which a temporary employment service is proposed and another use, the distance shall be measured by following a straight line from the nearest point of the property line of the business premises of the proposed temporary employment service to the nearest point of a residentially zoned district or the property line of the specific use listed . -2 9- 5. HAZARDOUS WASTE, INCLUDING BUT NOT LIMITED TO THE STORAGE , PROCESSING , COLLECTION, OR WAREHOUSING OF HAZARDOUS WASTE SHALL MEET ALL OF THE CONDITIONS AS LISTED BELOW. A. HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL APPLICABLE STATE AND FEDERAL REQUIREMENTS NECESSARY FOR THE OPERATION OF A HAZARDOUS WASTE FACILITY. B . HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL APPLICABLE CITY REGULATIONS . C. PROCESSING OF HAZARDOUS WASTE SHALL BE CONDUCTED ENTIRELY WITHIN A1"\J ENCLOSED STRUCTURE. STORAGE OF HAZARDOUS WASTE SHALL BE CONTAINED ENTIRELY WITHIN AN ENCLOSED STRUCTURE OR WITHIN AN APPROVED ABOVE-GROUND STORAGE TANK. D . HAZARDOUS WASTE OPERATIONS SHALL BE LOCATED A MINIMUM OF FIVE HUNDRED FEET (500 ') FROM THE BOUNDARY LINE OF ANY RESIDENTIAL ZONE DISTRICT OR RESIDENTIAL USE. E. HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL CONDITIONS OF SUBSECTION (J): LIMITATIONS OF EXTERNAL EFFECTS OF USES . J . Limitations On External Effects Of Uses: Every use established or placed into operation after the effective date of this Ordinance SECTION shall comply forthwith with the following limitations: All uses established and in operation on the effective date of this Ordinance SECTION shall be made to comply with the following limitations: 1. Volume Of Sound Generated: Every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed seventy-five (75) decibels at any point of any boundary line of the lot upon which the use is located. 2. Vibration Generated: Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the lot on which the use is located. 3. Emission Of Heat, Glare, Radiation, Dust And Fumes: Every use shall be so operated that it does not emit a dangerous degree of heat, glare, radiation , dust or fumes beyond a n y boundary line of the lot on which the use is located . 4. Outdoor Storage And Waste Disposal: -3 0- • • • • • a . No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces . b. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers. c. Liquefied petroleum gas installations shall conform to current Fire Code requirements. d. Explosives shall be stored, used and maintained in accordance with current Fire Code requirements. K. Screening: In an effort to lessen the incompatibility between a residential district and an industrial district where those districts abut, adjoin or are adjacent, one to the other, it is deemed necessary that the owner of the use in the industrial zone take certain measures to protect those persons in the residential district. Persons in the residential district shall be protected from the possible adverse effects of the n oise and lights from cars, the passage of materials or wastes from parking lots, loading areas and storage yards and to discourage juveniles from trespassing in hazardous areas where the storage of equipment and supplies may create an attractive nuisance. One of the following provisions shall be applied: 1. Setback/Screening In Addition To The Landscaping Requirements : There shall be no less than a ten foot (10') setback from the property line where it abuts , adjoins or is adjacent to a residential district. The setback area shall be landscaped with lawn, trees , and shrubs of both a deciduous and evergreen variety. Such landscaping plan shall be filed with the building permit application. 2. Fences: As an alternative to Subsection K (l ) of this Section, the portion of the property which abuts upon, adjoins or is adjacent to the residential zone district shall be enclosed by a decorative, closed-face or solid concrete , block , wood or brick fence not less than six feet (6') high, which fence need not be set back from the property line. 3. Restrictions: No building or portion thereof shall qualify as a wall, screen, or fence under the provisions of this Section. An exception to this provision shall be made as necessary at an intersection or at an entrance to an alley or driveway in order not to obstruct the view of a motorist; this can be done by reducing the height of the fence or wall or the plantings for such distance and to such extent as required by the Code Enforcement Division. L . Landscaping: Landscaping shall be in accordance with Section 16 4 18 of this Title . -3 1- Section 3. The Englewood City Council hereby amends Title 16 , Chapter 8 , Section 1, of the Englewood Municipal Code , 1985 with the addition of the following definitions , in alphabetical, order to the definitions as follows: 16 -8-1 : DEFINITIONS: AUTOMOBILE SHREDDING: AUTOMOBILE WRECKING AND DISMANTLING: HAZARDOUS WASTE: HAZARDO US WASTE OPERATION: INCLUDES BUT IS NOT LIMITED TO THE SHREDDING, CRUSHING, BALING, COMPACTING OR SIMILAR PROCESS THAT REDUCES MOTOR VEHICLES , TRAILERS , OR PARTS THEREOF TO THEIR CONSTITUENT PARTS OR TO A FORM SUITABLE FOR FURTHER PROCESSING. The dismantling or wrecking of motor vehicles , trailers , or p a rts thereof. AUTOMOBILE WRECKING ; DISMANTLING SHALL INCLUDE AUTO PARTING , SALVA GE , RECYCLI N G AND SIMILAR OPERATIONS . AUTOMOBILE WRECKING ; DISMANTLING SHALL NOT INCLUDE AUTOMOBILE SHREDDING , CR U SHING, BALING OR COMPA CTING. ANY SOLID , LIQUID , OR CONTAINERIZED GASEO US MATERIAL THAT IS NO LONGER USED OR THAT NO LONGER SERVES THE PURPOSE FOR WHICH IT WAS PRODUCED , AND HAS ONE OR MORE OF THE FOLLOWING PROPERTIES: IGNITABLE (COMBUSTIBLE OR FLAMMABLE ), CORROSIVE , REACTIVE (EXPLOSIVE ), OR TOXIC AND REQUIRES SPECIAL HANDLING TO A VOID ILLNESS OR INJURY TO PERSONS OR DAMAGE TO PROPERTY OR ENVIRONMENT . ANY FACILITY THAT COLLECTS , STORES OR PRO CESSES HAZARDOUS WASTE MATERIAL AS ITS PRINCIPLE USE . Section 4. S a fetv Clauses. The City Council , here by find s , d etermines , and declares that this Ordinance is promulga t ed under the gen er a l p olic e power of the City of Englewood , that it is promulga ted for the h ealth , safety , and welfare of the public , and tha t this Ordinance is nece s s a ry for the preservation of he a lth and s afety and for the protection of public convenienc e a nd welfa r e. The City Co uncil further d etermine s that the Ordinance bears a r a tional r elation t o the prop er legis lative obj ect s ought to b e obtained. -3 2- • • • • • Section 5. Severabilitv. If any clause , sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 6. Inconsistent Ordinances. Nothing herein contained shall be deemed a waiver of the provisions of any other Code section or regulation applicable to fences. If there is a conflict between the regulations in this Section and any other Code section or regulations , the more stringent regulations shall apply. Section 7. Effect ofrepeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in whole or in part any penalty, forfeiture, or liability , either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings , and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits , proceedings, or prosecutions . Section 8. Penalty . The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Section 9. Existing Uses. Any use in existence prior to the effective date of this Ordinance , which is not otherwise addressed by conditional use limitations , which does not conform to the limitations established by this Ordinance , shall be nonconforming. A nonconforming use, allowed pursuant to this Section, may remain at its location as a legal nonconforming use subject to the termination requirements of nonconforming uses as described in this Title. Because it is a purpose of this Ordinance to eliminate nonconforming uses , a nonconforming use shall not resume if it has been discontinued for a continuous period of at least one hundred and eighty days or would terminate as provided for in the general nonconforming use provisions of this Title. Introduced, read in full , and passed on first reading on the 6th day of April, 1998. Published as a Bill for an Ordinance on the 10th day of April, 1998. Read by title and passed on final reading on the 18th day of May, 1998 . Published by title as Ordinance No .£ Series of 1998, on the 22nd day of May, 1998 . -3 3- I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop~he Ordinance passed on final reading and published by title as Ordinance No. , eries of 1998 . -34- • • • • • • COUNCIL COMMUNICATION Date Agenda Item Subject Case OR-98-02 Comprehensive Zoning Ordinance Amendment -1-1 April 6, 1998 11 a i and 1-2 Industrial Zone Districts Initiated By Staff Source Office of Neighborhood and Tricia Langon, Neighborhood and Business Development Environmental Technician COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission held a Public Hearing to consider proposed amendments to 1-1, Light Industrial , and 1-2, General Industrial, zone districts of the Englewood Comprehensive Zoning Ordinance on March 3, 1998. The proposed amendments address automobile crushing and hazardous waste storage and processing operations. The Commission recommended approval of the proposed Ordinance . RECOMMENDED ACTION When addressed by Planning and Zoning Commission, to the best of staff's knowledge, no car crushing businesses operated within the 1-2 zone district. Since passage of the proposed language by Planning and Zoning, it has come to the City's attention that an unlicensed automobile crushing operation may exist in the 1-2 zone district. Therefore, staff recommends that Council, prior to setting the public hearing, review staff's addition to Planning and Zoning 's recommendation to provide for nonconforming use status for any existing uses which are not covered by conditional use status. (See Section 9 of the ordinance on page 33.) Staff recommends that City Council set a public hearing for May 4, 1998, to consider public testimony on the proposed Ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Industrial zone districts adjoin or abut residential zone districts throughout the city. This proximity generated concern that heavy industrial development impacts might affect adjacent residential neighborhoods. Further responding to citizen concerns, City Council directed Neighborhood and Business Development staff to review the industrial district sections of the Englewood Municipal Code. Council specifically requested review of car crushing and hazardous waste storage uses in the industrial districts across the City. The proposed amendments are to zone district regulations that address and affect all 1-1 and 1-2 zone districts city-wide. An Industrial Zone District Moratorium for the area bounded by Yale to Dartmouth, Santa Fe to Delaware , initiated to address industrial impacts on residential neighborhoods, ends on July 13, 1998. This Ordinance, if moved steadily forward, would become effective by that date. • • • A summary of industrial zone district revisions follows: Use 1-1 I-1 1-2 I-2 Note current proposed current proposed Automobile prohibited prohibited prohibited prohibited Automobile shredding shredding defined ; use remams prohibited Automobile conditional conditional permitted permitted definition clarified wrecking use use and expanded; no change in use status Hazardous permitted conditional permitted conditional new definition; waste use use use becomes storage or conditional processing FINANCIAL IMPACT If nonconforming use status is not granted to ex1stmg automobile crushing operations , the potential for a property rights "taking" may exist with possible legal action against the City . The actual fiscal impact of this potential cannot be determined at this time . LIST OF ATTACHMENTS Staff Report Findings of Fact Bill for Ordinance 2 • • • TO: THRU: FROM: DATE: SUBJECT: REQUEST: Englewood Planning and Zoning Commission Robert Simpson, Director , Neighborhood and Business Development Tricia Langon , Neighborhood and Environmental Technician February 27 , 1998 Planning Commission Date: March 3 , 1998 Case #98-02 Comprehensive Zoning Ordinance Industrial Zone District Amendments Staff requests that the Planning and Zoning Commission review , take public testimony , and provide comment on the proposed Englewood Comprehensive Zoning Ordinance revisions to the 1-1 , Light Industrial , and 1-2, General Industrial, zone districts. RECOMMENDATION: Staff recommends that Planning and Zoning Commission recommend to City Council to approve the proposed revisions to 1-1 , Light Industrial District , and 1-2 , General Industrial District, of the Comprehensive Zoning Ordinance . BACKGROUND: City Council requested Neighborhood and Business De velopment staff to re vie w and update the Industrial zone district sections of the Englewood Municipal Code. Council was concerned with impacts of heavy industrial development occurring adjacent to residential neighborhoods. Additionally , citizens , in public meetings , expressed concern with adjacent industrial property impacts including truck traffic , abandoned properties and transient acti vity. The City initiated an Industrial Zone District Moratorium to review impacts of industrial uses on adjacent neighborhoods . The Moratorium ends on Jul y 13 , 1998 . This Ordinance , if mo ved steadily forward would become effective by that date . Recent neighborhood meetings suggested support for prohibition of certain heavy industrial uses , such as car crushers and hazardous waste storage, adjacent to residential neighborhoods. ORDINANCE PROPOSAL: Automobile shreddin g is currently prohibited in the 1-1 , Light Industrial , and 1-2 , General Industrial District, zone districts. Automobile shredding is an intense process that converts or reduces vehicles to their component parts or a form suitable for further processing . The proposed amendments continues that prohibition and adds a definition to the ordinance clarifying automobile shredding to include crushing , compacting , baling or similar processes . Automobile wrecking is currently a conditional use in 1-1 and permitted in the 1-2 district. Automobile wrecking is a less intense process of dismantling , parting out , salvaging and recycling of vehicle parts . This generally occurs prior to automobile shredd ing operations and does not include automobile shredding . The proposed amendments continue those uses in their respective districts . The definition of automobile wrecking is also expanded and clarified . Hazardous waste storage and hazardous waste processing are currently permitted uses in both 1-1 and 1-2 districts. The proposed revisions amend these uses to conditional use status . Hazardous waste storage and hazardous waste processing in proximity to residential districts pose potential health and safety issues to c1t1zens. New uses would be required to meet proposed conditions and be subject to public review and a public hearing. As proposed, uses in existence prior to the enactment of this Ordinance must comply with requirements of the Ordinance. Those uses may be granted conditional use status upon City administrative review demonstrating proof of compliance with conditions set forth in this Ordinance. If not found to be in compliance, existing uses shall be given twelve months to come into compliance. A summary of Industrial zone district revisions follows: Use I-1 1-1 I-2 1-2 Notes current proposed current proposed Automobile prohibited prohibited prohibited prohibited definitions shredding clarified and expanded Automobile conditional conditional permitted permitted - wrecking use use Hazardous waste permitted conditional permitted conditional new definition , storage or use use use becomes processing conditional There no are proposed amendments to sections N and 0 of the Ordinance . SUMMARY: The proposed ordinance rev1s10ns respond to City Council's request and timeframe requirements to address impacts of industrial development. The revisions are stand-alone amendments that will carry over to future revisions of the Industrial zone district sections of the Comprehensive Zoning Ordinance. Staff suggests , within a reasonable time , completing a more extensive review and appropriate revisions of the Industrial zone districts to fully address changes in urban development that have occurred in the City since the current Ordinances ' origin in the 1950s . ATTACHMENTS: I-1 Light Industrial District I-2 General Industrial District Industrial District Definitions 2 • • • • • • .. CITY OF ENGLEWOOD PLANNING AND ZONING COl\11\11SSION IN THE MATTER OF CASE #OR-98-02 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO Al\1ENDMENT OF THE I-1 AND I-2 ) INDUSTRIAL ZONE DISTRICTS, AND THE ) DEFINITIONS SECTION OF THE C01\1PRE-) HENSIVE ZONING ORDINANCE ) INITIATED BY: CITY OF ENGLEWOOD NEIGHBORHOOD & BUSINESS DEVELOPMENT ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present : Lathram , Rininger, Tobin , Weber , Welker , Cottle , Dum- mer , Horner , Douglas Commission Members Absent : None This matter was heard before the City Planning and Zoning Commission on March 5 , 1998, in the City Council Chambers of the Englewood City Hall . Testimony was received from staff and from members of the public . The Commission re- ceived notice of Public Hearing, and the Staff Report , which were incorporated into and made a part of the record of the Public Hearing . After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Con- clusions. FINDINGS OF FACT 1. THAT the proposed amendments to the I-1 , Light Industrial District ; I-2 , General In- dustrial District , and Section 16-8-1 , Definitions , were initiated by the Neighborhood & Business Development Department at the request of Englewood City Council. 2 . THAT notice of the Public Hearing was published in the Englewood Herald on Febru- ary 20 , 1998. 1 3. THAT Neighborhood/Environmental Technician Langon provided testimony regarding the proposed amendments to the I-1 , Light Industrial , the I-2 , General Industrial, zone districts, and § 16-8, Definitions. Those proposed amendments address the specific uses of car crushing and hazardous waste storage or processing, and new and expanded defi- nitions for automobile shredding and hazardous waste storage processing. The pro- posed amendments to the zone district regulations are applicable to all areas zoned for industrial development. 4 . THAT Ms. Marti Kucharski addressed the Commission, stating that she did not have any comments regarding the proposed amendments to the Comprehensive Zoning Ordi- nance, but did read into the record a lener in opposition to the North Englewood Small Area Plan. 5. THAT Ms. Cindy Scott inquired regarding a specific definition of hazardous waste , and supported the need for tighter controls on external industrial effects. 6. THAT Ms . Nicole Baraga testified that she supported the proposed amendments , and noted that future regulations should be more restrictive and prohibit uses such as car crushing and hazardous waste storage and processing. Ms. Baraga further testified that the North Englewood neighborhood does not want any use that will generate noise or pollution. 7. THAT Commissioner Welker inquired about the appeal process for existing hazardous waste storage /processing sites if administrative review finds noncompliance with Con- ditional Use regulations. Mr. Welker also discussed his concerns regarding the pro- posed 500 foot distance between hazardous storage /processing sites and residential dis- tricts and parks, suggesting that this distance should be increased. Mr. Welker also discussed storage of vehicles at auto wrecking yards, and the fact there is no mention of radioactive materials in the proposed definitions . 8. THAT Commissioner Conle asked for an explanation of "external effects ", and ad- dressed the issue of Brownfields assessment in relation to Conditional Use approval. 9 . THAT Commissioner Rininger asked whether there are car crushing operations , or hazardous waste storage /processing sites located in the City ; he also expressed concern regarding transportation of hazardous materials through Englewood . CONCLUSIONS 1. THAT the proposed amendments to the Comprehensive Zoning Ordinance have been undertaken at the request of Englewood City Council. 2 .. • • • • • • •• 2 . THAT notice of Public Hearing was published in the Enizlewood Herald on February 20 , 1998 . 3 . THAT the amendments to the Comprehensive Zoning Ordinance , I-1 Light Industrial , and I-2 General Industrial zone districts , and to Section 16-8 , Definitions , pertaining to the uses of car crushing and hazardous waste storage and /or processing , are applicable to all industrial zoned property , and will address the health , safety , and welfare of the general public. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the pro- posed amendments to the I-1 , Light Industrial ; I-2 , General Industrial zone districts ; and to Section 16-8-2 Definitions of the Comprehensive Zoning Ordinance should be approved . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on March 5 , 1998 , by Mr. Welker , seconded by Mr. Homer , which motion states: Welker moved : Homer seconded: The Planning Commission approve the proposed amendments to the I-1 , Light Industrial Zone District , to the I-2 , General Industrial Zone Dis- trict , and to Section 16-8-1 Definitions , and forward the proposed amendments to City Council with a favorable recommendation . AYES : NAYS : Tobin, Weber , Welker , Cottle , Dummer , Homer , Lathram , Douglas Rininger ABSTAIN: None ABSENT: None The motion carried . These Findings and Conclusions are effective as of the meeting on March 5 , 1998 . BY ORDER OF THE CITY PLANNING & ZONING COMlVIISSION BiU.yDouglas, k., ~an \nbd \gro up \boards\planco mm\fi ndinp-93\fof or-98--02 .doc 3 {. A summary of industrial zone district revisions follows: Use 1-1 1-1 1-2 1-2 Note current proposed current proposed Automobile prohibited prohibited prohibited prohibited Automobile shredding shredding defined; use remains prohibited Automobile conditional use conditional permitted permitted definition clarified wrecking use and expanded ; no change in use status Hazardous permitted conditional permitted conditional new definition; use waste use use becomes storage or conditional processinq FINANCIAL IMPACT If the nonconforming use status is not granted to existing automobile crushing operations, the potential for a property rights "taking" may exist with possible legal action against the City. The actual fiscal impact of this potential cannot be determined at this time. LIST OF ATTACHMENTS Staff Report Findings of Fact Proposed Bill for Ordinance • • •