§ 214.141 PURPOSE.

The purpose of this subchapter 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 insure minimal land use and traffic conflicts and to provide adequate separation from residences.



§ 214.142 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 §§ 214.225 through 214.232.

(D) Outdoor sales shall be limited as stipulated in §214.126 (C).



§ 214.143 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) Contractor and construction shops.

(8) Dry cleaning establishments and pressing plants.

(9) Ice sales.

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

(11) Mobile home sales and house trailer sales.

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

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

(14) Parking garages and parking lots, other than accessory.

(15) Planned unit developments, industrial.

(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) Blacksmith shops and ornamental ironworks.

(7) Boat building and boat repairs of pleasure craft and other small craft, but not including ship building or shop repairs.

(8) Book binding and tooling, hand and machine worked.

(9) Bottling works, beverage.

(10) Brushes and brooms.

(11) Cameras and other photographic equipment and supplies.

(12) Canvas and canvas products.

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

(14) Clothing.

(15) Cosmetics and Toiletries.

(16) Data processing, hardware and software.

(17) Dentures.

(18) Drugs, compounding only.

(19) Dry cleaning.

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

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

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

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

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

(25) Glass products, from previously manufactured glass.

(26) Hair, felt and feather products, (except washing. curing and dying).

(27) Hat bodies of fur, felt and cloth.

(28) Hosiery.

(29) Ice, dry and natural

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

(31) Insecticides.

(32) Jewelry.

(33) 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.

(34) Laundries.

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

(36) Luggage.

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

(38) Meat products.

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

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

(41) Mobile homes and house trailers.

(42) Motor vehicle repair.

(43) Musical instruments.

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

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

(46) Perfumes and perfumed soaps, compounding only.

(47) Pharmaceutical products, compounding only.

(48) Poultry and meat processing and retail sale.

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

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

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

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

(53) Repair of household and office equipment.

(54) Silverware, plate and sterling.

(55) Soap and detergents, packaging only.

(56) Soldering and welding.

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

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

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

(60) Tobacco curing and manufacturing of tobacco products.

(61) 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.

(62) Toys.

(63) Umbrellas.

(64) Upholstering (bulk), including mattress Industrial and rebuilding and renovating furniture.

(65) Vehicles, children’s such as bicycles, wagons and baby carriages.

(66) Watches.

(67) Wood 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) Radio and television towers

(2) Signs, as regulated in §214.253

(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.

§ 214.144 USE VARIANCES.

In an I-1 district, Use Variances may be allowed in accordance with the limiting conditions and procedures as set forth in §214.319.



§ 214.145 PERFORMANCE STANDARDS.

(A) Noise.

(1) In an I-1 district, 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. Measurements shall be made using the flat network of the sound level meter.

(2) 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 (2) 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.

(3) At no point either on the boundary of an Open Space or residence district or an PB, B-1, B-2 or B-3 district or at one hundred twenty-five (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.

(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. 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 five hundred (500) feet from the property boundaries on all sides, except for a property line adjoining an I-2 district where such set back shall not be mandatory. However, in no case shall such vibrations be allowed to create a public nuisance beyond the property boundaries.

(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 or 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 forty (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 gasses 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 stand-by 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 steams, 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.



§214.146 PROPERTY DEVELOPMENT STANDARDS.

(A) 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.

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

(C) Minimum side yard. In an I-1 district, on every zoning lot a side yard shall be provided along each side lot line. Each side yard shall be not less than ten (10) percent of the lot width but need not exceed twenty (20) feet in width, except as may be required for setbacks along residence district boundaries

(D) Minimum rear yard. In an I-1 district, on every zoning lot a twenty-five (25) foot rear yard shall be provided.

(E) Regulations along residence district boundaries.

(1)

(a) 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 estates 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.

(b) Legal Description.

Part of the northwest quarter of the south east 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, 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.
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.

(2)

(a) In an I-1 district, on properties or portions thereof located directly across the street from a residence district, if any point on the exterior surface of any building or structure in an I-1 district is at a greater height than twenty-five (25) feet above curb level, such point projected vertically on the ground shall in no case be nearer to the residence district boundary than a horizontal distance equal to one (1) times 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 twenty-five (25) feet in lineal dimension parallel to the street for any one hundred (100) feet of street frontage. Parapets not exceeding three (3) feet in height shall also be exempt from such limitation.

(b) 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 twenty (20) feet of the side lot line or thirty (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 twenty-five (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 twenty-five (25) feet in lineal dimension parallel to such residential lot line for any one hundred (100) feet of length of such lot line. Parapets not exceeding three (3) feet in height shall also be exempt from such limitation.