ORDINANCE NO. __________



The city of Duluth does ordain:

     Section 1. That Section 50-123 of the Duluth City Code, as amended, is amended to read as follows:

Sec. 50-123.     Permitted uses.

     A building or premises in the IP industrial park district shall be used only for the following purposes:

     (a)  Light manufacturing, wholesaling, jobbing, warehousing, animal shelters, municipal animal pounds, distributive and general administration uses which in general are dependent on raw materials refined elsewhere. Such uses shall not include those listed under the M-2 manufacturing district;

     (b)  Commercial services and recreational uses which are incidental to and supportive of industrial park uses if said uses are granted a special use permit under the procedures of Article IV of this Chapter. Such special use permit shall be granted only if a commercial service or recreational use is found to be appropriate in terms of the specific industrial park's character, purposes, size and location. Such supportive uses shall not include activities which are primarily retail in nature and devoted to the sale of consumer goods;

     (c)  Accessory building or use customarily incidental and secondary in use and area to any of the above uses; provided, that any such accessory building shall be erected at the same time or after the construction of the principal building. One wind energy conversion system shall be permitted as an accessory use, provided that the tower shall be set back from all property lines a distance equal to or greater than the tower height as measured from the base of the tower, but in no case shall tower height exceed 130 feet);

     (d)  Other similar uses as those enumerated in paragraphs (a), (b) and (c) of this Section, as determined by the board of zoning appeals, except that the uses permitted in the M 1 and M-2 manufacturing districts, and solid waste disposal sites and yard waste compost facility sites shall not be allowed. The applicant for a use authorized by this paragraph shall provide information clearly demonstrating that the proposed use meets the following standards:

           (1)  The use does not conflict with any state Statute or provision of this Code regulating nuisances;

           (2)  The use will not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences than the minimum amount normally resulting from other uses permitted;

           (3)  The use is not likely to create conflicts with other uses permitted.

     Section 2. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.

STATEMENT OF PURPOSE:  This ordinance amends Section 50-123 of the Zoning Code which regulates the permitted uses in an industrial park zone. The amendment which adds a new clause (d) would allow the board of zoning appeals to approve uses which are not expressly permitted by this section, but would not create a conflict or nuisance with such expressly permitted uses. Uses approved by the board of zoning appeals would still be required to comply with the site plan approval process applicable to IP uses.

On May 8, 2007, the planning commission recommended the proposed change on a unanimous vote.