[Ord. No. 945B, 4-2-2007]
This district was established for the purpose of allowing primary
industries which are generally not compatible with residential and/or
commercial activity. Certain extremely obnoxious or hazardous uses
will require special permission from the Carrollton Board of Public
Works.
[Ord. No. 945B, 4-2-2007]
A. In the Central Industrial District, no building or land shall be
erected, altered, or enlarged which is arranged, intended, or designed
if it does not meet with the following deed restrictions, as recorded
in the Office of the Circuit Clerk and Recorder of Carroll County,
Book 667, Page 384, date December 14, 2001.
1.
Construction Materials. The exterior walls of all buildings
shall be of high quality construction, its equivalent, or better.
All walls of buildings shall be finished with face brick, stone, modern
pre-finished metal paneling, modern architectural concrete masonry,
glass, wood, pre-cast, cast in place or tilt-up concrete painted or
finished with an attractive surface, or their equivalent as approved
by the Board. No unpainted or unfinished concrete, metal or galvanized
metal siding shall be used for any exterior walls or roof. The floor
of the interior of all buildings shall be made with concrete with
a minimum thickness of six (6) inches on crushed rock base. The use
of materials shall be subject to the approval of the Carrollton Board
of Public Works ("the Board").
2.
Prohibited Uses. Said premises shall not be used or occupied
at any time for any purposed other than for the purposes of the business
of a clean manufacturing, wholesaling, jobbing, warehousing or business
of a kindred nature. No site or lot shall be used for any purpose
of or business which is considered dangerous or unsafe, or which constitutes
a nuisance, or is noxious or offensive by reason of emission of dust,
odor, gas, smoke, fumes, or noise. Nor shall any lot be used for any
retail business, without the written approval of the Board.
3.
Loading Docks. No loading lock shall be constructed facing on
any public street or highway unless the loading dock and every part
of it is at least one hundred (100) feet inside the right-of-way line
of the street or highway on which the loading dock fronts.
4.
Storage Yards. Outdoor storage yards shall be screened from
public view and shall be placed so as to conform with the building
line restrictions.
5.
Parking. Owners of lots shall not permit their employees or
tenants to regularly park during business hours on public streets
within the Carrollton Industrial Park. It will be the responsibility
of the owners, their successors, assigns, or other persons holding
under them to provide adequate off-street parking for employees and
visitors within their property line. Parking lot surfaces shall be
paved with concrete or with asphalt of a minimum thickness of two
(2) inches of crushed rock base or equivalent. Parking areas shall
be maintained in good condition.
6.
Building-Site Ratio. The ratio of building coverage to the total
site area will be subject to approval of the Board, but in no case
may the ratio exceed forty percent (40%).
7.
Approval Of Plans. Before commencing the construction or alteration
of all building, enclosures, fences, loading docks, parking facilities,
storage yards, or any other structures or permanent improvements on
or to any site or lot within the Carrollton Industrial Park, the property
owner shall first submit site plans or plans and specifications to
the Carrollton Board of Public Works for its written approval. The
Board will be guided by this covenant, and the need to develop this
park as an attractive location for business. In the event that the
Board, or its designated representative, shall fail to approve or
disapprove the building plans, specifications, or site plans within
sixty (60) days after they have been submitted to the Board, the approval
will not be required and this covenant will be deemed to have been
complied with. Neither the members of the Board nor its designated
representative shall be entitled to any compensation for services
performed to this covenant.
8.
Setbacks. No building shall be constructed on any lot nearer
than thirty (30) feet to the right-of-way line of streets. In the
case of corner lots, both thirty-foot front setbacks will apply. There
must be maintained a strip of ten (10) feet minimum of landscaped
ground along and within the street property lines, exclusive of drives
and walks. Minimum side yards shall be twenty five (25) feet and shall
aggregate fifty (50) feet on each individually owned lot; provided,
however, that where suitable the twenty-five-foot minimum may be waived
by the Board. In the event more than one (1) lot is owned by one (1)
person or entity and in the improvement of the lot or tract a building
shall be erected on more than one (1) lot, then the side line restriction
on the interior line or lines shall be waived. If a part of a tract
or lot is sold before any improvements are erected, then the line
between the part sold and the part retained shall be the property
line to which this setback restriction applies.
9.
Condition Of Property. The owner of any site or lot shall at
all times keep the premises, buildings, improvements, and appurtenances
in a safe, clean, wholesome condition and comply in all respects with
all government, health, fire, and police requirements and regulations;
and the owner will remove at his/her or its own expense any rubbish
of any character whatsoever which may accumulate on the site or lot.
No noxious or offensive activity shall be carried on, nor shall anything
be done which may cause the emission of objectionable odors or the
emission of fumes, gases, glare, smoke, dust, noise, radiation, liquid
or waste particulate injurious to buildings or property, or to productions
manufactured or stored upon premises, or which may interfere with
the reasonable use of the property subject to these restrictions.
Owners must meet all Federal, State and local standards regarding
emissions and discharges and the storage, transportation and disposal
of hazardous and non-hazardous materials. In the event the owner fails
to comply with any or all of the specifications or improvements, then
the Town of Carrollton shall have the right, privilege and license
to enter upon the premises and make any and all corrections or improvements
that may be necessary to meet the standard and to charge the owner
the expenses incurred in doing so.
10.
Construction Period. If, after the expiration of one (1) year
from the date of execution of a contract for the sale of any lot lying
within the Carrollton Industrial Park, or after the expiration of
one (1) year from the date of completion of utilities, whichever is
later, any purchaser shall not have begun in good faith the construction
of a permanent building upon the acquired lot, the Carrollton Board
of Public Works retains the option to rescind the contract, refund
the purchase price, and enter into possession of the land. However,
the Board, its successors or assigns, may extend in writing the time
at which construction may be begun.
11.
Sign. Plans and specifications for the construction, installation,
or alterations of all outdoor signs shall be first submitted to and
have the written approval of the Board, its successors or assigns.
12.
Partial Invalidity. The invalidation of any one (1) of the restrictions
in this Article or the failure to enforce any of the restrictions
at the time of its violation shall in no event affect any of other
restrictions nor be deemed a wavier of the right subsequently to enforce
the unenforced restriction.
13.
Beneficiaries. These restrictions and covenants are made for
the benefit of any and all persons who may now own, or who may hereafter
own, property in the Carrollton Industrial Park. Such persons are
specifically given the right to enforce these restrictions and covenants
by injunction or other lawful procedure, and to recover damages resulting
from any violation thereof. Any owner violating these restrictions
shall be liable for all costs incurred in remedying such violations,
including, but not limited to attorney's fees and court costs.
B. However, in no event shall the Town of Carrollton, Missouri be liable
for any failure to enforce these deed restrictions.
C. Building permits shall not be issued by the Zoning Administrator
for the Town of Carrollton, Missouri, without written approval from
the Carrollton Board of Public Works.