Town of Carrollton, MO Central Industrial District

[Ord. No. 945B, 4-2-2007]

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.

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").

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.

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.

Storage Yards. Outdoor storage yards shall be screened from public view and shall be placed so as to conform with the building line restrictions.

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.

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%).

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.

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.

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.

However, in no event shall the Town of Carrollton, Missouri be liable for any failure to enforce these deed restrictions.

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.