[R.O. 2003 § 415.010; Ord. No.
08-05.2, 5-20-2008]
A.
Property Use. The property in said North Industrial Park shall be
used only for commercial, warehouse, heavy manufacturing and industrial
purposes which terms shall include office buildings and office space.
B.
Land To Building Ratio. To ensure attractiveness of said North Industrial
Park for office and industrial uses and for the purpose of providing
adequate off-street parking and shipping areas, any building on any
of said lots may cover only a maximum of seventy-five percent (75%)
of said lot while maintaining at lease fifteen percent (15%) open
space for landscaping.
C.
Setbacks. All buildings are to be set back at least fifty (50) feet
from any property line bordering dedicated roads, twenty (20) feet
from side yard property lines, ten (10) feet from rear property lines
and thirty-five (35) feet from the front property line.
D.
Building Exterior. To maintain a standard of quality, the exterior
walls of each building are to be finished with painted or enameled
steel siding, approved tilt-up concrete or equivalent materials such
as plastered concrete block or brick or other types of attractive
masonry. Exposed concrete is to receive appropriate architectural
treatment, be properly maintained and is to be painted on as often
as required to maintain outward appearance.
E.
Landscaping. All open areas of any site, lot, tract or parcel shall
be graded to provide proper drainage and, except for areas used for
parking, drives or storage, shall be landscaped with trees, shrubs
or planted ground cover. Such landscaping shall conform with the planting
plan approved at such time as the plan is approved by the City Planning
Commission. It shall be the owner's responsibility to ensure
that this landscaping is maintained in an attractive and well-kept
condition. All adjacent vacant lots, tracts or parcels under the same
ownership shall also be properly maintained. No trash shall be allowed
to accumulate on any property.
F.
Parking — General Requirements. Parking and loading spaces
shall be provided on the premises of every land parcel having a principal
structure built thereon. Each parking lot shall contain a minimum
area of not less than three hundred (300) square feet, including access
drives, a width of not less than nine (9) feet and a depth of not
less than fifteen (15) feet. The minimum number of required off-street
parking spaces shall be one (1) parking space for each employee on
the major shift or one (1) parking space for each one thousand (1,000)
square feet of floor area, whichever is greater, plus one (1) space
for each company motor vehicle when customarily kept on the premises.
G.
Off-Street Loading Area Design And Maintenance. The following general
requirements shall be observed:
1.
Location. All required loading or unloading into or out of trucks
in excess of three-fourths (3/4) ton capacity shall be conducted at
facilities specifically designed or designated for that purpose. Any
loading areas consisting of more than one (1) loading dock shall be
separate from any off-street parking.
2.
Access. Each required off-street loading dock shall be so designed
as to avoid undue interference with other vehicular access or use
of public streets, alleys or other public transport systems.
3.
Surfacing. All off-street loading facilities, including loading
docks and maneuvering areas, shall be surfaced with a hard, all-weather,
dust-free, durable surfacing material and shall be well drained and
landscaped and shall be maintained in a sightly and well-kept condition.
4.
Design. All loading areas shall consist of a maneuvering area
in addition to the dock and shall not use any of that portion of the
site containing parking stalls. Maneuvering areas shall be of such
size as to permit the backing of truck tractors and coupled trailers
into a dock without blocking the use of other docks, the drive or
maneuvering areas.
5.
Space for loading and unloading of goods, supplies and services
shall be provided in addition to required off-street parking spaces
and shall be sufficient to meet the following requirements:
a.
Light And Heavy Commercial. One (1) space for the first ten
thousand (10,000) square feet of gross floor area and one (1) space
for each additional fifty thousand (50,000) square feet of gross floor
space.
b.
Office Building And Professional Offices. One (1) space for
buildings between thirty thousand (30,000) and one hundred thousand
(100,000) square feet of gross floor space.
c.
In case of any building, structure or premises, the use of which
is not specifically mentioned herein, the provisions for a use which
is mentioned and to which said use is similar, as determined by the
City Planning Commission, shall apply.
6.
Lighting. Any lighting used to illuminate any off-street parking
area, including any commercial parking, shall be arranged as to reflect
the light away from adjoining businesses, premises or public traffic
ways.
H.
Objectionable Uses. No open storage is permitted unless screened
from view. Such screens may be in the form of walls or fences and
shall be at least six (6) feet in height and shall be at least fifty
percent (50%) opaque as viewed from any point along the public street
right-of-way. No use is allowed which is objectionable by reason of
noise, vibration or smoke because the same is of a hazardous nature
to operation of offices and industry on said tract of land.
I.
Uniform Sign Standards. To minimize any detractive affects upon building
appearance and landscaping which may result from the erection of signs
within said tract of land, the following standards are hereby established:
signs shall only be located on building exterior walls, standing out
from the walls' surface, lettering may not be larger than four
(4) feet high except that logos and other business trademarks may
be of the size not to exceed eight (8) feet by eight (8) feet. Flashing
signs shall not be permitted, but scrolling informational text signs
shall be permitted. Signs may be illuminated by back or up lighting.
This Subsection shall not apply to signs erected by the City of Marceline
relating to the entire tract of land or advertising the businesses
conducted on the said tract.
J.
Plan Approval. In order to achieve an overall compatibility and continuity
of architectural design, lot layout and landscaping, signs and subsequent
alterations are subject to prior approval by a majority of the members
of the City Planning Commission. Approval of the City Planning Commission
shall not be required for any building already located within the
North Industrial Park except for subsequent alterations.
K.
Utilities. All electrical wires for lighting or other uses shall
be at a height of no less than twenty (20) feet above any and all
roadways or parking areas or shall otherwise be placed underground.
L.
Waiver Of Restrictions. Invalidation of any of the foregoing protective
or restrictive covenants shall not affect the validity of any other
said covenants, but the same shall remain in full force and effect.
M.
Covenants And Restrictions Run With The Land. The above restrictions
shall be deemed covenants running with the land and shall inure to
the benefit of, and be enforceable against, owners of specific tracts
within the North Industrial Park as well as its successors in title
or assigns.
N.
Enforcement Of Covenants And Restrictions. If any owner or owners
of any interest in property within said North Industrial Park or any
of their grantees, lessees, agents, employees, licensees or their
heirs, successors or assigns shall violate or attempt to violate or
permit to be violated any of the covenants or restrictions contained
herein, the said City of Marceline, its successors in title or assigns
shall have the right to prosecute any proceedings in any court of
competent jurisdiction, at law or equity, against any such person
or persons violating or attempting to violate or permitting to be
violated any such restriction or covenant, to prevent and permanently
enjoin such violation and to recover damages for such violation. The
foregoing enforcement remedy shall be in addition to, and not in limitation
of, any legal or equitable remedies available to the said City of
Marceline, its successors in title or assigns under Missouri law.
It is expressly understood and agreed that all costs, including reasonable
attorney fees, incurred by the City of Marceline in any legal proceeding
to enforce the provision of this Chapter shall be borne by the defendant
in such proceeding.
O.
Failure To Enforce Not A Waiver Of Right. Failure of the City of
Marceline to enforce any restriction, covenant, condition or agreement
herein contained shall in no event be deemed a waiver of the right
to do so thereafter as to the same breach or as to any breach occurring
subsequent thereto.
