To reserve adequate space for manufacturing and other activities into two specific zones, one being the area in and about the Forks industrial park, the other being all other areas designated as industrial upon the map attached to the ordinance codified in this chapter. The distinguishing feature between the two districts is found within the land uses at FMC § 17.15.060.
(Ord. 433 § 11.10, 1997)
(1) 
Land uses associated with these zoning designations are found either in the column marked “Industrial – General” or the column marked “Industrial Park Zone” of the land use matrix found at FMC § 17.15.060. Procedures associated with obtaining permits for special and conditional uses are found elsewhere within this title.
(2) 
Loading space for commercial or public uses shall be provided when the use, building or structure requires more than 5,000 square feet of gross floor area. Such loading space shall be provided in a manner that is located off the adjacent streets. Neither the minimum requirements for yards, nor the requirements for parking, shall be utilized by the developer or the city to meet the loading space requirement.
(3) 
When considering all activities and application of this code to said activities, the applicant and the city need to also review Chapter 17.75 FMC, Special Conditions.
(Ord. 433 § 11.20, 1997)
(1) 
Minimum lot area: 12,500 square feet or as permitted by local and state health codes, whichever requires a greater lot size.
(2) 
Minimum lot depth: 100 feet.
(3) 
Minimum lot width: 50 feet.
(4) 
Minimum yard requirements when adjacent to other commercial or industrial uses: as required within Uniform Building Code for such uses.
(5) 
Minimum side yard adjacent residential use: 30 feet from the applicable lot line.
(6) 
Minimum rear yard adjacent residential use: 30 feet from the applicable lot line.
(Ord. 433 § 11.30, 1997)
(1) 
Maximum Building Height.
(a) 
Maximum building height shall be 32 feet. However, said height restriction can be exceeded upon obtaining written prior approval from the designee of the fire district that the building shall not constitute a fire hazard that could not be addressed by the fire district, as well as a written statement that the manner in which the building is being proposed for construction will not constitute a threat to public safety. In addition, any such building would be required to meet the Uniform Building Code’s wind and fire protection requirements. Written approval from the designee of the fire district shall accompany any building permit application for a building exceeding this height restriction. In some cases, a building exceeding the height restriction may also be subject to the State Environmental Policy Act which could result in the height restriction being required for reasons associated with environmental concerns.
(b) 
In no case, does permission from the designee of the fire district equate to permission to proceed with construction from the city.
(c) 
The above does not apply to those structures (mechanical appurtenances, chimneys, water tanks, etc., constituting no more than 15 percent of the total building or site area) noted within FMC § 17.75.090. Regarding those types of structures, approval of the Forks planning commission shall still be required.
(2) 
Minimum zone size: 20 acres.
(Ord. 433 § 11.40, 1997; Ord. 446 § 1, 1998)
(1) 
Scope. All the commercial and industrial uses shall comply with all of the standards set forth below, except:
(a) 
When the violation is caused by circumstances beyond reasonable anticipation and control of the operators of the site; or
(b) 
When necessary to protect the health and safety of persons and property under circumstances not caused by the operators of the site.
(2) 
Standards of Performance.
(a) 
Noise. Noise emanating from any use shall be muffled so as not to become objectionable due to intermittent beat, frequency or shrillness, and where use is within or adjoins a residential district. The noise loudness measured at the property line shall not exceed 45 decibels on the “a” scale between the hours of 10:00 p.m. and 6:00 a.m. and 70 dba at other hours.
However, this portion of this chapter shall be read in conjunction with the city’s noise ordinance and when a conflict exists between the two, the noise ordinance shall prevail.
(b) 
Lighting. Lighting shall not be used in such a manner that produces a glare on public streets and neighboring property. Arc welding, acetylene torch cutting or similar processes shall be performed in such a manner that the actual work and/or the arc itself cannot directly be seen from beyond the property.
(c) 
Odor and Gases. The emission of obnoxious odors of any kind or any toxic or corrosive fumes or gases shall not be permitted. Dust created by a use shall not be exhausted or wasted directly into the atmosphere.
(d) 
Particulate Matter.
(i) 
Dust and other types of air pollution borne by the wind from such sources as storage areas and roads shall be minimized by landscaping, paving, oiling or other acceptable means. Emission of particulate matter in excess of 0.2 grains per cubic foot of conveying gas or air measured at any property line is prohibited.
(ii) 
The rate of emission of particulate matter from all sources on any property shall not exceed a net weight of one pound per acre of property during any one hour.
(e) 
Vibration. Vibration shall not exceed three-thousandths of one inch displacement applied to the frequency range of zero to 5,000 cycles per second, as measured at any point on the boundary of the property from which the vibration is produced.
(f) 
Electrical Interference. All mechanical, electrical, and electronic equipment shall be shielded to the extent necessary to prevent electrical, magnetic or radiological interference with the use of any equipment or process off-site.
(g) 
Hazardous Materials Storage. All hazardous materials shall be stored in strict compliance with all federal, state and local regulations.
(h) 
Waste Disposal. No persons or business firm shall discharge or cause to be discharged any stormwater, surface water, or ground water including roof runoff and foundation drainage into drainage ways or to sewers which are city designated and approved as storm sewers.
Except as hereinafter provided, no person shall discharge or cause to be discharged, any of the following described waters or wastes to any public sewer:
(i) 
Any liquid or vapor having a temperature so high as to inhibit biological activity or increase the wastewater treatment plant influent temperature higher than 40 degrees Celsius (104 degrees Fahrenheit);
(ii) 
Any water or waste which may contain more than 50 parts per million, by weight of fat, oil, or grease;
(iii) 
Any gasoline, benzene, naphtha, fuel oil, or any other materials that may create a fire hazard or explosive hazard;
(iv) 
Any garbage that has not been properly shredded;
(v) 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;
(vi) 
Any waters or wastes having a pH lower than five or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater collection and treatment system;
(vii) 
Any waters or wastes containing a toxic or poisonous substance, or any of the compounds or metals on EPA’s list of priority pollutants, in sufficient quantity to:
(A) 
Damage or interfere with any sewage treatment process;
(B) 
Constitute a hazard to humans, animals or vegetation;
(C) 
Create any violation of water quality standards in the receiving waters;
(D) 
Accumulate in receiving wetland sediment over life of the treatment system in concentrations to constitute a future hazard to humans, animals, or vegetation;
(E) 
Create a violation of regulations for disposal of sludge by land spreading;
(viii) 
Any waters or wastes containing any pollutant (including biological oxygen demand (BOD) and suspended solids) in volume or strength to cause unit process upset at the wastewater treatment plant or violation of the NPDES permit;
(ix) 
Any noxious or malodorous gas or substance capable of creating a public nuisance;
(x) 
Septic tank septage, except for septage received under septage disposal permits. After the sewerage treatment plant is in operation, the utilities superintendent shall determine the amount of septic tank septage which can be received by the system during any intervals of time without any risk of overloading the capacity of the treatment plant. Permits allowing persons to make use of the available septage capacity may be issued upon such terms and conditions as may be set from time to time by the city council by resolution. Failure by the permittee to abide by the terms of such permit shall be considered a violation of the provisions of this code.
(i) 
Open Storage. All storage of materials and equipment, except licensed motor vehicles, shall be within fully enclosed buildings or surrounded by some type of visual screening or fencing. Materials in process shall be stacked, sorted or arranged in an orderly manner.
(j) 
Investigation and Compliance. If the city has reasonable doubt that a business or use is, or can be, conducted within the limits of the above performance standards, it may require that the user or proposed user retain, at his/her expense, an independent, qualified testing laboratory or expert to make an analysis of the use to determine its compliance with the standards and make the results of such analysis available to the city. If the site operator does not provide the required analysis within 30 days of the request, the city shall initiate such investigation and bill all expenses thereof to the site operator.
(k) 
Enforcement. In the event analysis indicates existing or impending noncompliance with these standards, the city shall require the user or proposed user to either institute remedial measures to bring the use into compliance or to cease operation.
(Ord. 433 § 11.50, 1997)