A.Purpose and Intent.
The LI district is intended to provide suitable areas for business distribution/service facilities, transportation terminals and manufacturing/assembly processes which do not emit noise, vibration, smoke, gas, fumes, or odors from an enclosed building. These districts should have access to arterial roadways and utilities and discourage uses which are incompatible with light manufacturing. When located on the perimeter of an industrial node, the LI district should provide for uses that are low in intensity and scale to ensure compatibility with adjacent properties.
B.Permitted Uses.
1.Administrative and distribution offices including contractors’ offices. All outdoor storage must comply with the limitations specified under paragraph G of this section.
2.Adult establishments (subject to the requirements of Marietta Municipal Code Section 8-20-190).
3.Agriculture and forestry, provided:
a)All buildings used for livestock shall be set back not less than 200 feet from any property line.
b)All animals shall be maintained at least 100 feet from any property line.
c)Livestock and poultry rearing are not permitted on lots containing less than two acres.
d)Abattoirs and hatcheries shall be located at least 300 feet from any property zoned for residential use.
4.Ambulance services.
5.Animal hospitals, kennels and veterinary clinics.
a)All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
b)All animals shall be located within an enclosed building and adequate sound and odor control shall be maintained.
6.Animal grooming shops. All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
7.Automobile service stations.
a)All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)Minor automobile repair shall be allowed in conjunction with such use provided all such activities shall take place within an enclosed building.
d)No outside storage or engine/ body dismantling is allowed.
8.Automobile, trailer, and boat sales/service.
a)Minimum one acre lot size.
b)All vehicles shall be set back at least 10 feet from the street right-of-way line.
c)Such use shall be located at least 50 feet from any properties zoned for residential purposes.
d)A solid fence or wall no less than six feet in height shall be maintained to provide a visual screening between the residential and commercial properties.
9.Automotive repair shops (including paint and body).
a)Such use shall not be permitted within 50 feet of any property used for a school, park, playground or hospital.
b)All activities shall be carried on entirely within an enclosed building.
c)Such use shall not be established on a lot which is adjacent to or directly across the street from any properties zoned or used for residential purposes.
d)All outdoor storage must comply with the limitations specified under paragraph G of this section.
10.Breweries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8 Alcoholic Beverages).
a)Production shall be in a wholly enclosed building.
b)Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
11.Car maintenance facilities such as brake repair, installation of tires, tune-up shops, oil change services, emission stations and the like.
a)All activities shall take place within an enclosed building
b)No outside storage or engine/body dismantling is allowed.
12.Carwashes.
13.Coliseum, stadiums and amusement parks. Minimum 5 acre lot size.
a)The facility shall be enclosed by a wall or fence and buffer area of 10 feet in depth to screen adjacent property.
b)No building shall not be permitted within 500 feet of property zoned or used for residential purposes.
14.Community fairs.
15.Cultural facilities. Art galleries, museums, legitimate theaters, libraries, and other uses similar in character to those listed.
16.Distilleries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8 Alcoholic Beverages).
a)Production shall be in a wholly enclosed building.
b)Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
17.Drive-in movie theater.
a)The theater screen and all buildings shall be set back at least 50 feet from any property line.
b)Central loudspeakers are prohibited.
c)The theater screen shall not be visible from an interstate or arterial roadway.
18.Dry cleaning plants.
a)Such use shall be at least 300 feet from any property zoned or used for residential purposes.
b)All applicable state, federal and local codes must be met.
19.Exterminating facilities.
20.Farm and garden supply stores, including nurseries and greenhouses. Outdoor storage shall comply with the limitations specified under paragraph G of this section.
21.Farmers markets.
22.Fuel and ice dealers.
23.Funeral homes. All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
24.Golf courses, club houses and golf/baseball driving ranges.
a)The facility shall be enclosed by a wall or fence and buffer area of 10 feet in depth to screen adjacent property.
b)Central loudspeakers are prohibited.
c)Any building or structure established in connection with such use shall be set back not less than 100 feet from rear and side property lines.
25.Greenhouse or plant nursery, commercial.
26.Health service clinics (including accessory pharmacies).
27.Heavy repair services and trade shops, including sheet metal, upholstering, plumbing, carpentry, sign painting and other similar activities.
28.Helicopter landing areas. Minimum one acre. Must be enclosed by a fence or wall no less than eight feet in height.
29.Industrial/warehouse parks.
30.Light assembly and fabrication. No activity which produces liquid effluent, odor, fumes or dust which can be detected beyond the walls of the building is permitted
31.Light manufacturing establishments.
a)Maximum lot size of 5 acres.
b)No activity which produces liquid effluent, odor, fumes or dust which can be detected beyond the walls of the building is permitted.
32.Movie theaters.
33.Newspaper publishing facilities.
34.Office service and supply facilities (non-retail).
35.Outdoor advertising services. Includes the construction, repair, and maintenance of outdoor advertising signs. All non-storage activities shall be conducted within an enclosed building.
Outdoor storage as an accessory use must comply with the limitations specified under paragraph G of this section.
36.Outdoor storage facilities, excluding junk and salvage yards (see standards set forth in Section 710.08) as a primary use. Outdoor storage as an accessory use must comply with the limitations specified under paragraph G of this section.
a)Such use shall be enclosed by an opaque fence or wall no less than six feet in height which provides continuous visual screening.
b)No repair or other such activity shall be conducted.
c)No open storage of wrecked or non-operative automobiles or trucks.
d)No parts or waste materials shall be stored outside any building.
e)Such use shall be at least 50 feet from any property zoned or used for residential purposes and 25 feet from City right-of-way.
37.Parking lots and garages.
38.Places of assembly
39.Printing services.
40.Private parks and playgrounds.
41.Public buildings and utilities.
42.Radio and television studio facilities.
43.Rail, bus and transit stations.
44.Recreation and entertainment facilities, commercial. All activities must take place in a wholly enclosed building.
45.Recycling collection centers (see standards set forth in Section 710.07).
46.Research laboratories including medical and dental labs
47.Taxi stands and dispatching agencies.
48.Vocational schools.
49.Warehousing, including commercial mini-warehouses.
50.Wholesale trade and distribution facilities, including office showrooms and display areas.
51.Wineries, including accessory tasting rooms (subject to Marietta Municipal Code Chapter 8-8 Alcoholic Beverages).
a)Production shall be in a wholly enclosed building.
b)Any building or structure established in connection with such use shall be set back not less than 50 feet from any residentially zoned property.
52.Other uses which are substantially similar in character and impact to those uses enumerated above.
Such uses must clearly meet the purpose and intent of this zoning district.
53.Accessory uses and structures incidental to any legal permitted use, provided:
a)Retail sales and services must be conducted and accessed wholly within the building(s) housing the use to which the activities are accessory and comprise no more than 10% of the gross floor area.
b)No show window or other advertising shall be visible from the exterior of the primary use structure.
C.Temporary/Conditional Uses Allowed by the Director.
1.Mobile Retail Food Establishment shall be allowed on property zoned LI according to the restrictions listed below:
a)Written permission of the property owner is obtained.
b)Such use does not last longer than 3 days consecutively and 12 days annually.
c)These uses shall be located at least 50 feet from any property line and not within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)If property is within fifty (50) feet of a residentially zoned parcel, measured property line to property line, then food truck operations shall cease at 9:00 p.m.
e)Adequate paved parking, ingress and egress are provided on site.
f)A temporary use permit is applied for and approved by the Director of the Department of Development Services.
g)The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to Mobile Retail Establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under §712.01 (E).
D.Special Uses Permitted by Board of Zoning Appeals.
Not applicable in this district.
E.Special Uses Permitted by City Council.
1.[Reserved.]
2.Automobile storage yards and wrecker services for damaged or confiscated vehicles.
a)Such use shall not be permitted within 50 feet of any property used for a school, park, playground or hospital.
b)Such use shall not be established on a lot which is adjacent to or directly across the street from any single family residential district.
c)All outdoor storage must be to the rear of the principal structure and enclosed by an opaque fence no less than 8 feet in height.
3.Indoor BB/air rifle shooting ranges operated by educational, civic or non-profit organizations (see standards set forth in Section 712.01).
a)All activities must take place in a wholly enclosed building with walls constructed of brick, concrete or masonry.
b)No weapons other than BB/ air rifles with a caliber of .177 or less, and a muzzle velocity of no more than 450 feet per second shall be allowed.
4.Outdoor storage of portable sanitation units, portable chemical toilets or any other container intended to hold human waste.
a)Such use shall be enclosed by an opaque wall or fence no less than 6 feet in height which provides continuous visual screening.
b)Units shall be adequately covered to prevent any wastewater infiltration into the ground or storm drains and must comply with the current stormwater prevention, illicit discharge, and illegal connection ordinances.
c)The washing of units or any related equipment must be performed in a wash bay designed to capture and pretreat wastewater before being discharged into the sanitary sewer and must comply with the current plumbing code.
d)Such use shall be at least 50 feet from any property zoned or used for residential purposes.
5.Recovered materials (recycling) processing facility.
6.Scrap metal, iron, or steel collection/recovery.
7.Telecommunications facilities (see standards set forth in Section 712.07).
8.Truck terminals. Minimum 5 acres. All structures shall be located and activities conducted (including parking) at least 300 feet from any property zoned for residential purposes.
F.Accessory Structures.
1.All such structures shall be located upon the same lot and to the side or rear of the principal use at least 15 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.Any accessory building in excess of 2,000 square feet of gross space must meet the setback standards for a principal use and shall be architecturally compatible with the principal structure.
3.When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
4.No accessory structure shall be constructed upon a lot before the principal structure.
5.No accessory structure may exceed the more restrictive of either 20 feet or the height of the principal building, except that height limitations do not apply to silos, storage tanks, and other such structures, provided that when such structures are located within 100 feet from any property zoned for residential purposes, then the maximum height of all such structures is limited to 50 feet.
6.Swimming pools must be enclosed by a fence not less than 4 feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.Heating and air conditioning units may encroach 5 feet into the required rear or side setback.
8.Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.Use Limitations.
1.Outdoor storage as an accessory use.
a.All outdoor storage areas must be located in the rear yard behind the principal structure and enclosed by a solid fence or wall no less than six feet in height to provide visual screening.
b.A maximum of 50% of the total lot area may be used for such purposes.
c.All outdoor storage must be located at least 50 feet from any property zoned for residential purposes and 25 feet from City right-of-way.
d.No storage of wrecked or non-operative automobiles or trucks.
e.No parts or waste materials shall be stored outside any building.
2.Building design and materials may be of the developer’s choosing; however:
a.Any façade of a building where any portion of that façade is visible from a roadway shall be constructed with a mixture of brick, stone, rock, wood, glass, cementitious siding, aluminum composite material (ACM) panels, or split-faced concrete block (defined as a concrete building unit which appears to have been hand-chiseled (or “split”) to give it a textured look).
b.However, metal siding may be used on building facades in areas zoned LI that are not visible from an arterial or collector roadway.
c.The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to building design and materials, as contained in this paragraph; all such variance requests must be submitted to City Council for consideration.
H.Bulk and Area Regulations.
Minimum Lot Size: 20,000 sq. ft.
Minimum Lot Width: 100 ft.
Maximum Building Height: 50 ft.
Maximum Floor Area Ratio: 0.50 Maximum Impervious Surface: 75% Front Setback (arterial): 75 ft.
Front Setback (collector): 50 ft.
Front Setback (local): 50 ft.
Side Setback (major): 50 ft.
Side Setback (minor): 20 ft.
Rear Setback: 40 ft.
I.Landscape and Buffer Requirements.
When an LI district directly abuts any residential district, a 50-foot buffer shall be established (see standards set forth in Section 710.05). All loading docks shall be screened by either landscaping or a stabilized berm.
(Ord. No. 6100, 3/8/2000, Sec. 1; Ord. No. 6104, 3/8/2000, Sec 1; Ord. No 6534, 7/9/2003, Sec. 18; Ord.
No. 6737, 10/13/2004, Sec. 18; Ord. No. 6753, 11/10/2004, Sec. 14; Ord. No. 7232, 09/10/2008)
Amended 8/17/13 (#20130576).