Chapter 18.50
I-1 LIGHT INDUSTRIAL DISTRICTS

Sections:

18.50.010    Use and bulk regulations.

18.50.020    Purpose.

18.50.030    Limitation of use.

18.50.040    Permitted uses.

18.50.050    Use variances.

18.50.060    Performance standards.

18.50.070    Property development standards.

18.50.080    Design standards.

18.50.010 Use and bulk regulations.

Use and bulk regulations applying specifically to all industrial districts are set forth in this chapter. Also applying to industrial districts are additional regulations set forth in other chapters and sections of this title as follows:

(A) HMC 18.05.040, Zoning districts – Establishment and application.

(B) HMC 18.05.050, Rules of interpretation of district boundaries.

(C) HMC 18.05.060, Interpretation and application – Supplementary district regulation.

(D) HMC 18.05.070, Miscellaneous business regulations.

(E) Article II of Chapter 18.05 HMC, Definitions.

(F) Chapter 18.70 HMC, Planned Unit Development Districts.

(G) Chapter 18.75 HMC, Landscape Regulations.

(H) Chapter 18.80 HMC, Off-Street Parking and Loading.

(I) Chapter 18.80 HMC, Signs.

(J) Chapter 18.90 HMC, Nonconforming Uses and Nonconforming Buildings.

(K) Chapter 18.110 HMC, Administration.

(L) HMC 18.115.050, Use variances. [Ord. 1659 § 1, 2017].

18.50.020 Purpose.

The purpose of this chapter is to establish a district designed and intended to accommodate retail, service, production, processing, cleaning, repair, testing, wholesaling and warehousing uses, and other miscellaneous uses and use variances which are most compatible with uses typically located with access to major highways, expressways and railroads. Care is taken to ensure minimal land use and traffic conflicts and to provide adequate separation from residences. [Ord. 1659 § 1, 2017].

18.50.030 Limitation of use.

Permitted uses in the I-1 district are subject to the following additional general limitations:

(A) Dwelling units are not permitted.

(B) All production, servicing, storage of goods and materials, and processing shall be conducted in completely enclosed buildings unless otherwise indicated hereafter.

(C) However, open off-street loading facilities and open off-street parking of motor vehicles may be unenclosed, except for such screening of parking and loading facilities as may be required under the provisions as set forth in Chapters 18.75 and 18.80 HMC.

(D) Outdoor sales shall be limited as stipulated in HMC 18.40.020(C). [Ord. 1659 § 1, 2017].

18.50.040 Permitted uses.

The following listed uses and no others are permitted uses in an I-1 district:

(A) Retail and service uses as follows:

(1) Ambulance service.

(2) Auto service stations.

(3) Automobile accessory store.

(4) Building materials, sales.

(5) Car washes and auto supplies.

(6) Cartage and express facilities.

(7) Commercial and industrial equipment, small, including repair services.

(8) Contractor and construction shops.

(9) Dry cleaning establishments and pressing plants.

(10) Ice sales.

(11) Linen, towel, diaper and other similar services.

(12) Motor vehicle sales, including storage, servicing, and repairs.

(13) Office and household equipment and machinery, sales, and service.

(14) Planned unit developments, industrial.

(15) Restaurants, brewpubs, tasting rooms, and direct-to-consumer sales, in conjunction with on-site food and drink production uses.

(B) Production, processing, cleaning, testing and repair, as follows:

(1) Advertising displays.

(2) Art needlework and hand weaving.

(3) Awnings, draperies, and venetian blinds.

(4) Bakeries.

(5) Beverages, nonalcoholic.

(6) Bookbinding and tooling, hand and machine worked.

(7) Bottling works, beverage.

(8) Breweries, wineries, and distilleries, subject to all relevant state and federal regulations.

(9) Brushes and brooms.

(10) Cameras and other photographic equipment and supplies.

(11) Canvas and canvas products.

(12) Ceramic products such as pottery and glazed tile.

(13) Clothing and apparel.

(14) Cosmetics and toiletries.

(15) Data processing, hardware and software.

(16) Dentures.

(17) Dry cleaning and commercial laundries.

(18) Electrical appliances, such as fixtures, home appliances, and toys.

(19) Electrical and electronic equipment assembly, such as television, radio, and computer.

(20) Electrical supplies, manufacture and assembly of, such as wire and cable assembly, switches, lamps, insulation, and dry cell batteries.

(21) Food products (except for meat or fish), processing and combining of, including baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing, and pressing.

(22) Fur goods, not including tanning and dying.

(23) Glass products, from previously manufactured glass.

(24) High technology-based manufacturing.

(25) Hosiery.

(26) Ice, natural.

(27) Insecticides.

(28) Jewelry.

(29) Laboratories, medical, dental, research, experimental, and testing; provided, that there is no danger from fire or explosion, nor of offensive noise, vibration, smoke, dust, odors, heat, glare, or other objectionable influences.

(30) Laundries.

(31) Leather products, including shoes and machine belting.

(32) Luggage.

(33) Machine shops for tool, die, and pattern making.

(34) Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust proofing, and heat treatment.

(35) Metal stamping and extrusion of small products such as bottle caps, buttons, costume jewelry, kitchen utensils, pins and needles, and razor blades.

(36) Mobile homes and house trailers.

(37) Motor vehicle repair.

(38) Musical instruments.

(39) Optical equipment, clocks, instruments.

(40) Orthopedic and medical appliances, such as artificial limbs, braces, supports, and stretchers.

(41) Paper products, small items such as envelopes and stationery, bags, boxes, tubes, and wallpaper.

(42) Perfumes and perfumed soaps, compounding only.

(43) Pharmaceutical products, compounding only.

(44) Plastic and rubber (natural or synthetic) products.

(45) Precision instruments such as optical, medical, testing, and measuring.

(46) Products from finished materials, including bone, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, rubber, semiprecious stones, shell, or yarn.

(47) Printing and newspaper publishing, including engraving and photo-engraving.

(48) Repair of appliance, automotive, machinery, household, and office equipment.

(49) Research and development businesses.

(50) Robotics and precision tools.

(51) Rubber products and synthetic treated fabrics, small items such as washers, gloves, footwear, bathing caps, and atomizers.

(52) Satellite dishes.

(53) Silverware, plate and sterling.

(54) Soldering and welding.

(55) Sporting and athletic equipment such as balls, baskets, bats, cues, gloves, racquets, and rods.

(56) Statuary, mannequins, figurines and religious and church art goods, excluding foundry operations.

(57) Textiles, including spinning, weaving, manufacturing, dying, printing, knit goods, yarn, thread and cordage, but not including textile bleaching.

(58) Tools and hardware such as bolts, nuts and screws, doorknobs, drills, hand tools and cutlery, hinges, house hardware, locks, nonferrous metal castings and plumbing appliances and fixtures.

(59) Toys, including wagons, baby carriages, and children’s bicycles.

(60) Upholstering (bulk), including mattress, industrial and rebuilding and renovating furniture.

(61) Wood and wood laminate finished products, such as furniture, boxes, crates, baskets, pencils, and cooperage works.

(C) Wholesaling and warehousing, including motor freight terminals.

(D) Public and community service uses, as follows:

(1) Publicly owned facilities and utilities.

(2) Private utilities providing service to the public.

(3) Similar uses as determined by the plan commission.

(E) Miscellaneous uses, as follows:

(1) Frozen food lockers.

(2) Radio and television towers.

(3) Signs, as regulated in HMC 18.85.090.

(F) Uses incidental to permitted uses, as follows:

(1) Accessory uses.

(2) Temporary buildings or structures for construction purposes, for a period not to exceed the duration of such construction.

(G) The following manufacturing, production, and miscellaneous uses may only be allowed with a special use permit, with approval from the plan commission:

(1) Aircraft.

(2) Artisan and ornamental metalworks.

(3) Carpets.

(4) Chemicals, including acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton and other materials, nitrates (manufactured and natural) of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn, hydrochloric, picric and sulfuric acids and derivatives.

(5) Commercial and industrial equipment retail sales, large, including repair services.

(6) Computer and electronics recycling.

(7) Electric power and steam generating plants.

(8) Film, photographic.

(9) Flour, feed and grain, milling and processing.

(10) Ice, dry.

(11) Ink mixing and packaging, and inked ribbons.

(12) Jute and hemp products.

(13) Linoleum and oil cloth.

(14) Machinery, heavy and electrical.

(15) Meat products.

(16) Plastic, raw.

(17) Renewable energy plants, such as windmill farms, solar power plant, and similar.

(18) Steel structural products.

(19) Sugar refining. [Ord. 1659 § 1, 2017].

18.50.050 Use variances.

In an I-1 district, use variances may be allowed in accordance with the limiting conditions and procedures as set forth in HMC 18.115.050. [Ord. 1659 § 1, 2017].

18.50.060 Performance standards.

(A) Noise.

(1) In an I-1 district, the emission of noise from any individual operation or plant (other than the operation of motor vehicles and other transportation facilities) so as to create a public nuisance beyond the boundaries of an individual operation or plant, is prohibited.

(2) Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association, incorporated herein by reference and made a part of this code, with two copies on file in the office of the clerk-treasurer and available for public inspection, pursuant to IC 36-1-5-4. Measurements shall be made using the flat network of the sound level meter.

(3) Impulsive type noise shall be subject to the performance standards hereinafter prescribed; provided, that such noise shall be capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this comprehensive amendment, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

(4) At no point either on the boundary of an open space or residence district or a PB, B-1, B-2 or B-3 district or at 125 feet from the nearest property line of a plant or operation, whichever distance is greater, shall the sound pressure level of an individual plant or operation (other than the operation of motor vehicles and other transportation facilities) exceed the decibel levels at the designated octave bands shown hereinafter for the districts indicated.

Table 4 – Maximum Decibel Levels 

 

Maximum permitted sound level in decibels along OS, R and OS district boundaries or 125 feet from plant or operation boundary.

Maximum permitted sound level in decibels along business district boundaries or 125 feet from plant or operation boundary.

Octave band

cycles per second

line

line

0000 to 0075

67

73

0075 to 0150

62

68

0150 to 0300

58

64

0300 to 0600

54

60

0600 to 1200

49

55

1200 to 2400

45

51

2400 to 4800

41

47

Above 4800

37

43

(5) The following are exempted from the standards of this section:

(a) Noises emanating from construction activities between the hours of 8:00 a.m. and 7:00 p.m. that are temporary in nature.

(b) Transient noises from traveling vehicles, such as trucks and automobiles, trains, and airplanes.

(c) Public safety sirens and related apparatus used solely for public safety and warning purposes.

(B) Odorous Matter. In an I-1 district, the emission of noxious odorous matter in such quantities as to produce a public nuisance beyond the property boundaries is prohibited.

(C) Vibration.

(1) In an I-1 district, any process or equipment which produces intense earth-shaking vibrations, such as are created by heavy drop forges or heavy hydraulic surges, shall be set back at least 500 feet from the property boundaries on all sides. However, in no case shall such vibrations be allowed to create a public nuisance beyond the property boundaries.

(2) The following are excepted from these standards:

(a) Vibrations emanating from construction activities between the hours of 8:00 a.m. and 7:00 p.m. that are temporary in nature.

(b) Transient vibrations of traveling vehicles, such as trucks and automobiles, trains, or airplanes.

(D) Toxic or Noxious Matter. In an I-1 district, no use of any property shall discharge across the boundaries of such property toxic and noxious matter in such concentrations as to be detrimental or to endanger the public health, safety, comfort or welfare or to cause injury or damage to other property or business.

(E) Glare or Heat. In an I-1 district, any operation producing intense glare or heat shall be performed within a completely enclosed building and effectively screened in such a manner as to not create a public nuisance or hazard along property boundaries.

(F) Fire and Explosive Hazards. In an I-1 district, fire and explosive hazards shall be controlled as follows:

(1) Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in I-1 districts.

(2) The storage, utilization or manufacture of materials ranging from incombustible to moderate burning, as determined by the zoning administrator, is permitted.

(3) The storage, utilization or manufacture of products ranging from free or active burning to intense burning, as determined by the zoning administrator, is permitted under the following conditions:

(a) All storage, utilization or manufacture of such materials or products shall be within completely enclosed buildings or structures having incombustible walls.

(b) All buildings or structures shall be set back at least 40 feet from the property boundaries or, in lieu thereof, shall be protected throughout by an automatic sprinkler system complying with standards for installation prescribed by the National Fire Protection Association.

(4) Materials or products which produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted in this district, with the exception of the following which are permitted:

(a) Materials required for emergency or standby equipment.

(b) Materials used in secondary processes which are auxiliary to a principal operation, such as paint spraying of finished products.

(c) Flammable liquids and oils, sold and used in conjunction with the operation of an automobile service station and customarily required or used in such operation.

(G) Air Pollution. In an I-1 district, any use which may cause emission of pollutants into the air shall conform with applicable air quality regulations of the State of Indiana Department of Environmental Management and the United States Environmental Protection Agency.

(H) Water Pollution. In an I-1 district, any use which may cause emission of pollutants into streams, rivers, lakes, waterways or watercourses, or into the underground water supply and aquifers shall conform with applicable water quality regulations of the State of Indiana Department of Environmental Management and the United States Environmental Protection Agency.

(I) Electromagnetic Interference. In an I-1 district, electromagnetic interference shall be controlled as follows:

(1) Electromagnetic interference from any operations of any use in any zoning district shall not adversely affect the operation of any equipment located off the zoning lot on which such interference originates.

(2) Structures (including communications facilities) in all commercial zoning districts shall be constructed and/or maintained so as to provide for in-building public safety communications coverage. Additionally, structures (including communications facilities) in all zoning districts shall be constructed and/or maintained so as to prevent interference with existing public safety communications.

(J) Drainage and Storm Discharges. In an I-1 district, drainage and storm discharges shall be controlled as follows.

(1) A drainage plan shall be submitted and approved by the town staff prior to the issuance of any building permit. All drainage plans shall comply with the U.S. EPA regulations for Municipal Separate Storm Sewer Systems (MS4s), as well as all other applicable federal, state, and local requirements.

(2) Any on-site discharge or drainage generated shall be properly channeled or contained into a storm drain, detention or retention pond, or other public facility.

All open sites and areas shall keep drainage and discharge material stored on site to the extent practical. To achieve this, these sites may incorporate naturalized landscaping, including bioswales, rain gardens, filtration ponds, approved groundcovers, porous paving, and the like, to treat on-site discharges to the extent practical prior to entering a public facility. [Ord. 1659 § 1, 2017].

18.50.070 Property development standards.

(A) Minimum Lot Size. Minimum lot size requirements for a I-1 district are as follows:

(1) Every interior lot containing a building shall have, at minimum, a lot width of 80 feet at the building line, a lot depth of 125 feet, and a lot area of 10,000 square feet.

(2) Every corner lot containing a building shall have, at minimum, a lot width of 100 feet at the building line, a lot depth of 125 feet, and a lot area of 12,500 square feet.

Exhibit 14 – I-1 District Development Example

(B) Maximum Floor Area Ratio. In an I-1 district, the maximum floor area ratio of all buildings and structures on a zoning lot shall not exceed 2.4.

(C) Maximum Lot Coverage. Not more than 90 percent of the area of any lot shall be occupied by building, parking, or any other hard surface, except where green roofs or solar panels are provided. In such case, the allowable lot coverage may be proportionally increased according to Chapter 18.75 HMC.

(D) Minimum Front Yard. In an I-1 district, on every zoning lot a front yard of not less than 40 feet shall be provided.

(E) Minimum Side Yard. In an I-1 district, side yards shall be required as follows:

(1) On every interior lot, a side yard shall be provided along each side lot line. The minimum size of each side yard shall be the greater of 10 percent of the lot width or 10 feet, to a maximum of 15 feet in width, except as may be required for setbacks along residence district boundaries.

(2) On each corner lot, the front yard and the side yard abutting the public street shall be equal in size, but in no case more than 10 feet, except as may be required for setbacks along residence district boundaries.

(3) Where any side lot line in this zoning district adjoins a residential zoning district, a minimum five-foot buffer shall be provided. In addition, there shall be an effective screening of the abutting lot extending from the front building line to the rear lot line. This screening shall include landscaping that complies with Chapter 18.75 HMC.

(F) Minimum Rear Yard. In an I-1 district, rear yards shall be provided as follows:

(1) There shall be a rear yard on each lot, the depth of which shall not be less than 20 feet from the rear lot line.

(2) Where any rear lot line in this zoning district abuts a residential zoning district, a minimum 15-foot buffer shall be provided. In addition, there shall be an effective screening of the abutting lot along the rear lot line in accordance with Chapter 18.75 HMC.

(G) Maximum Building Height. The maximum height of buildings and other structures erected or enlarged in this zoning district shall be 35 feet.

(H) Off-Street Parking. Off-street parking shall be in accordance with the regulations set forth in Chapter 18.80 HMC.

(I) Lots Abutting Commercial or Residential Districts. A building in this district may be erected up to 20 feet from any side lot line, or up to 30 feet from any rear lot line of a commercial or residential zoning district; provided, that a landscaped buffer is provided and maintained between the differing uses. Such buffer shall be a minimum of 15 feet in width, and comply with the regulations in Chapter 18.75 HMC.

(J) Regulations Along Residence District Boundaries. In order to permit the long-standing businesses located at 10117 and 10119 Kennedy Avenue to continue their long-standing operations on the parcels of real estate described below, both of which parcels now zoned I-1, industrial districts, are hereby exempted from the provisions of I-1 industrial districts requiring all storage to be inside buildings; and are allowed to expand to existing structures and construct new buildings upon compliance with the building code of the state of Indiana and the town of Highland. The legal descriptions for these properties are as follows:

(1) Part of the northwest quarter of the southeast quarter of section 33, township 36 north, range 9 west of the second p.m. in the town of Highland, Lake County, Indiana, described as follows: beginning at the point of intersection of the easterly line of Kennedy Avenue as established May 27, 1948, with the east and west center line of said section, thence easterly along said section center line, 272.25 feet, thence southerly parallel to said easterly line of Kennedy Avenue, 160 feet, thence westerly parallel to said section center line 272.25 feet more or less to said easterly line of Kennedy Avenue, thence northerly along said easterly line of Kennedy Avenue, 160 feet to the point of beginning. Commonly known as 10109 Kennedy Avenue, Highland, Lake County, Indiana.

(2) A part of the North West Quarter of the Southeast Quarter of Section 33, Township 36 North, Range 9 West of the Second Principal Meridian described as follows: Beginning at a point which lies 160 feet South and 30 feet East of the Northwest corner of said Northwest Quarter of the Southeast Quarter (said point being on the East line of Kennedy Avenue as described in Deed record 980, page 493); thence East along a line parallel to and 160 feet South of the North Line of said Northwest Quarter of the Southeast Quarter a distance of 272.25 feet; thence South along a line parallel to the East line of Kennedy Avenue a distance of 313.34 feet to a point on the North right-of-way line of the Grand Trunk Railroad; thence Northwesterly along said right-of-way line a distance of 288.35 feet to a point on the said East line of Kennedy Avenue; thence North along said East line a distance of 221.76 feet, measured (217 deed) to the place of beginning, all in the town of Highland, Lake County, Indiana. Commonly known as 10117 Kennedy Avenue, Highland, Indiana 46322.

(K) Where the boundary line separating an I-1 from a residence district coincides with a property line or is separated by an alley, no building, structure, or other obstruction in the industrial district shall be located within 20 feet of the side lot line or 30 feet of the rear lot line of the industrial district where it abuts a residence district. Further, if any point on the exterior surface of any building or structure in an I-1 district is at a greater height than 25 feet above curb level, such point projected vertically on the ground shall in no case be nearer to the side or rear lot line of any property in an adjacent residence district than a horizontal distance equal to the height of such point above curb level. However, stacks, tanks, bulkheads, or ventilating equipment, including towers enclosing same, shall be exempt from such limitation if not exceeding in the aggregate 25 feet in lineal dimension parallel to such residential lot line for any 100 feet of length of such lot line. Parapets not exceeding three feet in height shall also be exempt from such limitation. [Ord. 1659 § 1, 2017].

18.50.080 Design standards.

The purpose of this section is to provide supplementary requirements to encourage the use of innovative design and high-quality materials, including variations of facade and color, in all building faces in this district, while maintaining a harmonious overall character with surrounding development.

(A) The building facades shall be covered with brick/masonry materials on all sides that face a public street, with a minimum of 60 percent of those facades to feature such materials. These facades shall further express individual identity through the use of materials, finishes, and color.

(B) The overall building architecture shall project a simplicity of facade design, while contrasting the solid mass elements with other elements, such as glazing, building openings and articulations.

(C) Building Frontage Standards.

(1) Parking lots located in the front yard of any development shall be limited to a single bay of parking, and shall be reserved solely for patrons of the business.

(2) Loading docks, bays, and service delivery, where provided, shall be screened and/or enclosed from public view and accessed from the rear or side of the building.

(D) Multi-Unit Developments. For buildings with two or more separate uses, the following additional requirements shall apply.

(1) A minimum of 75 percent of all multi-unit building facades shall be covered with brick/masonry or natural stone materials, including 100 percent on all sides that face a public street.

(2) Blank walls of more than 20 linear feet long on the primary facade, and 32 feet on any other facade, are prohibited.

(3) Fenestration shall be architecturally related to the style, materials, colors, and details of the building.

(4) Flat roofs shall be enclosed by parapets a minimum of 42 inches high, or as required to conceal mechanical equipment to the satisfaction of the town plan commission.

(5) All building tenants shall have one primary entrance facing, and accessible from, the front right-of-way. Building materials used at entrances should be complementary to the building’s design. The use of enhancements such as projected canopy, pediments, alcoves, cast stone decoration, and decorative lamps/lighting is encouraged.

(E) Overhead utilities and devices for communications and transmissions shall be located underground or screened to the extent practical.

(F) Mechanical equipment, utility meters, storage areas, trash enclosures, transformers, generators and similar features or other utility hardware on roof, ground, or buildings shall be screened from public view and public streets with materials similar to the structure or they shall be so located as not to be visible from any public view or from potential buildings nearby.

(G) Curb Cut Standards.

(1) The number of curb cuts for all developments in this zoning district shall be limited to one for every 100 feet of lot frontage, but not to exceed two curb cuts on any lot.

(2) No curb cut shall be located within 75 feet of any intersection.

(3) Curb cuts shall not exceed 12 feet in width for a one-lane drive, or 20 feet for a two-lane drive.

(4) Where practical, shared curb cuts should be established among adjoining properties. [Ord. 1659 § 1, 2017].