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HomeMy WebLinkAboutOrd 2025-4068 SCUP 2025-0015ORDINANCE NO.2025-4068 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. SCUP-2025- 0015, TO ALLOW FOR INDUSTIAL USES, SUBJECT TO CONDITIONS, IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRCT, ON APPROXIMATELY 125.25 ACRES OF LAND AND BEING LEGALLY DESCRIBED AS RESERVES C1, C2, C3, D, E-1, E, H & Bl, AND G1 UNDERWOOD BUSINESS PARK, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #SCUP-2025-0015, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for light industrial uses, subject to conditions, within the Planned Unit Development (PUD) zoning district on approximately 125.25 acres of land, legally described as Reserves Cl, C2, C3, D, E-1, E, H & Bl, and GI Underwood Business Park, LaPorte, Hams County, Texas. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, Illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Gov't Code; and that this meeting has been open to the public as required by law at a0 times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within three hundred feet (300') of the properties under consideration. $ectjpn6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval PASSED AND APPROVED this the 9th day of June, 2025. CITY OF L OR XAS By: Rick Helton, Mayor AFFKU V BIJ: Z'� T- At.� Clark T. Askins, AseistffirCity Attorney Exhibit A City ofLa Porte Special Conditional Use Permit # SCUP-2025-0015 This permit is issued to: Pamela Madere________________________________________ Owner or Agent 100 Congress Ave., Suite 1100 Austin, TX 78701 Address For Development of: Independence Logistics Park (formerly Underwood Business Park) Development Name 359 Old Underwood Rd., 359 Pike Ct., 10025 Porter Rd., 10051 Porter Rd., 10052 Porter Rd.,10059 Porter Rd., and 10100 Porter Rd., La Porte, TX, 77571 _________________ Addresses Legal Description: Reserves C1, C2, C3, D, E-1, E, H & B1, and G1 Underwood Business Park, Harris County, Texas ________________________ Zoning: Planned Unit Development (PUD) Use: See list of NAICS codes in Conditions set out below ____________ Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the City’s Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1. A site development plan shall be submitted, if necessary, in accordance with applicable requirements of the city of La Porte’s development ordinance and shall comply with all provisions of chapter 106 “zoning” of the city’s code of ordinances, and all other department reviews and applicable laws and ordinances of the city of La Porte, and the state of Texas. 2. All necessary documentation for building permit review must be submitted in conjunction with the city’s building permit application process for any proposed building improvements. 3. All properties will have an underlying zoning district of Light Industrial (LI) and are subject to regulations applicable to development within Light Industrial zoning district, except as specifically provided otherwise in this SCUP. The purpose of the LI light industrial district is to provide for the establishment of warehousing and light industrial development. 4. All on site areas utilized for storage, parking, or driving must be paved with either concrete or asphalt. 5. Any outside storage shall be screened from view of public rights-of-way with an 8-foot-tall fence that shall be 100% opaque. 6. Hazardous materials which may or may not require a placard may not be stored on site for any length of time. This prohibition includes hazardous materials stored in the building or on trucks and shipments of hazardous materials that are defined as in transit by the Department of Transportation. 7.The following NAICS Codeusesarepermittedand may be subject to additional requirements/ conditions below: Offices only for any use code 236 Construction of Buildings 237 Heavy and Civil Engineering Construction 2381 Foundation, Structure, and Building Exterior Contractors 2382 Building Equipment Contractors 2383 Building Finishing Contractors 238910 Site Preparation Contractors 238990 All Other Specialty Trade Contractors 311811 Retail Bakeries 3118 Commercial Bakeries and Tortilla Manufacturing 311811 Retail Bakers 3119 Other Food Manufacturing 313 Textile Mills 314 Textile Product Mills 315 Apparel Manufacturing 3162 Footwear Manufacturing 3169 Other Leather and Allied Product Manufacturing 321 Wood Product Manufacturing 322219 Other Paperboard Container Manufacturing 323111 Commercial Printing (except Screen and Books) 323113 Commercial Screen Printing 323117 Books Printing 323120 Support Activities for Printing 3321 Forging and Stamping 3322 Cutlery and Handtool Manufacturing 3323 Architectural and Structural Metals Manufacturing 3324 Boiler, Tank, and Shipping Container Manufacturing 3325 Hardware Manufacturing 3326 Spring and Wire Product Manufacturing 3327 Turned Product and Screw, Nut, and Bolt Manufacturing 332811 Metal Heat Treating 332812 Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to Manufacturers 332813 Electroplating, Plating, Polishing, Anodizing, and Coloring 332911 Industrial Valve Manufacturing 332912 Fluid Power Valve and Hose Fitting Manufacturing 332913 Plumbing Fixture Fitting and Trim Manufacturing 332919 Other Metal Valve and Pipe Fitting Manufacturing 332991 Ball and Roller Bearing Manufacturing 332996 Fabricated Pipe and Pipe Fitting Manufacturing 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing 3331 Agriculture, Construction, and Mining Machinery Manufacturing 333241 Food Product Machinery Manufacturing 333242 Semiconductor Machinery Manufacturing 333243 Sawmill, Woodworking, and Paper Machinery Manufacturing 333244 Painting Machinery and Equipment Manufacturing 333249 Other Industrial Machinery Manufacturing 3333 Commercial and Service Industry Machinery Manufacturing 333413 Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing 333414 Heating Equipment (except Warm Air Furnaces) Manufacturing 333415 Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing 3335 Metalworking Machinery Manufacturing 333611 Turbine and Turbine Generator Set Units Manufacturing 333612 Speed Changer, Industrial High-Speed Drive, and Gear Manufacturing 333613 Mechanical Power Transmission Equipment Manufacturing 333618 Other Engine Equipment Manufacturing 333914 Pump, Pumping Equipment, and Measuring and Dispensing Pump Manufacturing 333912 Air and Gas Compressor Manufacturing 333921 Elevator and Moving Stairway Manufacturing 333922 Conveyor and Conveying Equipment Manufacturing 333923 Overhead Traveling Crane, Hoist, and Monorail System Manufacturing 333924 Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing 333991 Power-Driven Hand tool Manufacturing 333992 Welding and Soldering Equipment Manufacturing 333993 Packaging Machinery Manufacturing 333994 Industrial Process Furnace and Oven Manufacturing 333995 Fluid Power Cylinder and Actuator Manufacturing 333996 Fluid Power Pump and Motor Manufacturing 333997 Scale and Balance Manufacturing 333999 All Other Miscellaneous General Purpose Machinery Manufacturing 3341 Computer and Peripheral Equipment Manufacturing 3342 Communications Equipment Manufacturing 3343 Audio and Video Equipment Manufacturing 3344 Semiconductor and Other Electronic Component Manufacturing 3345 Navigation, Measuring, Electromedical and Control Instruments Manufacturing 3346 Manufacturing and Reproducing Magnetic and Optical Media 3351 Electric Lighting Equipment Manufacturing 3352 Household Appliance Manufacturing 3353 Electrical Equipment Manufacturing 33591 Battery Manufacturing 33592 Communication and Energy Wire and Cable Manufacturing 33593 Wiring Device Manufacturing 33599 All Other Electrical Equipment and Component Manufacturing 3361 Motor Vehicle Manufacturing 3362 Motor Vehicle Body and Trailer Manufacturing 336310 Motor Vehicle Gasoline Engine and Engine Parts Manufacturing 336320 Motor Vehicle Electrical and Electronic Equipment Manufacturing 33633 Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing 33634 Motor Vehicle Brake System Manufacturing 33635 Motor Vehicle Transmission and Power Train Parts Manufacturing 33636 Motor Vehicle Seating and Interior Trim Manufacturing 33637 Motor Vehicle Metal Stamping 33639 Other Motor Vehicle Parts Manufacturing 3364 Aerospace Product and Parts Manufacturing 3365 Railroad Rolling Stock Manufacturing 336612 Boat Building 336991 Motorcycle, Bicycle, and Parts Manufacturing 336992 Military Armored Vehicle, Tank, and Tank Component Manufacturing 336999 All Other Transportation Equipment Manufacturing 337110 Wood Kitchen Cabinet and Countertop Manufacturing 337121 Upholstered Household Furniture Manufacturing 337122 Non-upholstered Wood Household Furniture Manufacturing 3371 Household and Institutional Furniture and Kitchen Cabinet Manufacturing 3372 Office Furniture (including Fixtures) Manufacturing 3379 Other Furniture Related Product Manufacturing 339 Miscellaneous Manufacturing 19 4231 Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers 19 4232 Furniture and Home Furnishing Merchant Wholesalers 19 4233 Lumber and Other Construction Materials Merchant Wholesalers 19 4234 Professional and Commercial Equipment and Supplies Merchant Wholesalers 19 Metal Service Centers and Other Metal Merchant Wholesalers 42351 19 Household Appliances and Electrical and Electronic Goods Merchant 4236 Wholesalers 19 Hardware, and Plumbing and Heating Equipment and Supplies Wholesalers 4237 19 423910 Sporting and Recreational Goods and Supplies Merchant Wholesalers 19 423920 Toy and Hobby Goods and Supplies Merchant Wholesalers 19 423940 Jewelry, Watch, Precious Stone, and Precious Metal Merchant Wholesalers 19 Other Miscellaneous Durable Goods Merchant Wholesalers 423990 19 4241Paper and Paper Product Merchant Wholesalers 19 4242 Drugs and Druggists' Sundries Merchant Wholesalers 19 4243 Apparel, Piece Goods, and Notions Merchant Wholesalers 19 Grocery and Related Product Merchant Wholesalers 4244 19 4245 Farm Product Raw Material Merchant Wholesalers 19 424610 Plastics Materials and Basic Forms and Shapes Merchant Wholesalers 19 424690 Other Chemical and Allied Products Merchant Wholesalers 19 424710 Petroleum Bulk Stations and Terminals 19 424720 Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and Terminals) 19 424810 Beer and Ale Merchant Wholesalers 19 424820 Wine and Distilled Alcoholic Beverage Merchant Wholesalers 19 42492Book, Periodical, and Newspaper Merchant Wholesalers 19 42493Flower, Nursery Stock, and Florists' Supplies Merchant Wholesalers 19 42495Paint, Varnish, and Supplies Merchant Wholesalers 19 42499 Other Miscellaneous Nondurable Goods Merchant Wholesalers 425 Wholesale Electronic Markets and Agents and Brokers 441110 New Car Dealers 441120 Used Car Dealers 441210 Recreational Vehicle Dealers 44122 Motorcycle, Boat, and Other Motor Vehicle Dealers 4413 Automotive Parts, Accessories, and Tire Stores 442 Furniture and Home Furnishings Stores 443 Electronics and Appliance Stores 444110 Home Centers 444120 Paint and Wallpaper Stores 444130 Hardware Stores 44419 Other Building Material Dealers 4442 Lawn and Garden Equipment and Supplies Stores 445 Food and Beverage Stores 446 Health and Personal Care Stores 448 Clothing and Clothing Accessories Stores 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores 452210 Department Stores 452311 Warehouse Clubs and Supercenters 452319 All Other General Merchandise Stores 4531 Florists 4532 Office Supplies, Stationery, and Gift Stores 4533 Used Merchandise Stores 45391 Pet and Pet Supplies Stores 45392 Art Dealers 45393 Manufactured (Mobile) Home Dealers 4541 Electronic Shopping and Mail-Order Houses 454210 Vending Machine Operators 454310 Fuel Dealers 454390 Other Direct Selling Establishments 481 Air Transportation 20 Truck Transportation 484 4851 Urban Transit Systems 4852 Interurban and Rural Bus Transportation 48531 Taxi Service 48532 Limousine Service 48541 School and Employee Bus Transportation 48551 Charter Bus Industry 485991 Special Needs Transportation 485999 All Other Transit and Ground Passenger Transportation 487 Scenic and Sightseeing Transportation 4881 Support Activities for Air Transportation 488390 Other Support Activities for Water Transportation 4884 Support Services for Road Transportation 4885 Freight Transportation Arrangement 488991 Packing and Crating 488999 All Other Support Activities for Transportation 491 Postal Service 492110 Couriers and Express Delivery Services 492210 Local Messengers and Local Delivery 493 Warehousing and Storage 17 Other Warehousing and Storage 493190 51 Information 511 Publishing Industries (except Internet) 512110 Motion Picture and Video Production 512120 Motion Picture and Video Distribution 512131 Motion Picture Theaters (except Drive-Ins) 512132 Drive-In Motion Picture Theaters 512191 Tele-production and Other Postproduction Services 512199 Other Motion Picture and Video Industries 512210 Record Production 512220 Integrated Record Production/Distribution 51223 Music Publishers 51224 Sound Recording Studios 51229 Other Sound Recording Industries 515 Broadcasting (except Internet) 517 Telecommunications 518 Data Processing, Hosting, and Related Services 519 Other Information Services 521 Monetary Authorities-Central Bank 522 Credit Intermediation and Related Activities 523110 Investment Banking and Securities Dealing 523120 Securities Brokerage 523130 Commodity Contracts Dealing 523140 Commodity Contracts Brokerage 523210 Securities and Commodity Exchanges 523910 Miscellaneous Intermediation 523920 Portfolio Management 523930 Investment Advice 523991 Trust, Fiduciary, and Custody Activities 523999 Miscellaneous Financial Investment Activities 5241 Insurance Carriers 5242 Agencies, Brokerages, and Other Insurance Related Activities 52511 Pension Funds 52512 Health and Welfare Funds 52519 Other Insurance Funds 5259 Other Investment Pools and Funds 531 Real Estate 531130 Lessors of Miniwarehouses and Self-Storage Units (Not including Boat and RV Storage) 531130 Boat and RV Storage 532111 Passenger Car Rental 532112 Passenger Car Leasing 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing 532210 Consumer Electronics and Appliances Rental 532281 Formal Wear and Costume Rental 532282 Video Tape and Disc Rental 532283 Home Health Equipment Rental 532284 Recreation Good Rental 532289 All Other Consumer Goods Rental 532310 General Rental Centers 532411 Commercial Air, Rail, and Water Transportation Equipment Rental and Leasing 532412 Construction, Mining, and Forestry Machinery and Equipment Rental and Leasing 532420 Office Machinery and Equipment Rental and Leasing 532490 Other Commercial and Industrial Machinery and Equipment Rental and Leasing 533 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works) 5411 Legal Services 541211 Offices of Certified Public Accountants 541213 Tax Preparation Services 541214 Payroll Services 541219 Other Accounting Services 54131 Architectural Services 54132 Landscape Architectural Services 54133 Engineering Services 54134 Drafting Services 54135 Building Inspection Services 54136 Geophysical Surveying and Mapping Services 50137 Surveying and Mapping (except Geophysical) Services 541380 Testing Laboratories 5414 Specialized Design Services 5415 Computer Systems Design and Related Services 5416 Management, Scientific, and Technical Consulting Services 541713 Research and Development in the Physical, Engineering, Life Sciences, and Biotechnology 54172 Research and Development in the Social Sciences and Humanities 5418 Advertising, Public Relations, and Related Services 54191 Marketing Research and Public Opinion Polling 541921 Photography Studios, Portrait 541922 Commercial Photography 541930 Translation and Interpretation Services 541940 Veterinary Services 541990 All Other Professional, Scientific, and Technical Services 55 Management of Companies and Enterprises 5611 Office Administrative Services 5612 Facilities Support Services 5613 Employment Services 5614 Business Support Services 561510 Travel Agencies 56152 Tour Operators 56159 Other Travel Arrangement and Reservation Services 56161 Investigation, Guard, and Armored Car Services 561621 Security Systems Services (except Locksmiths) 561622 Locksmiths 561710 Exterminating and Pest Control Services 561720 Janitorial Services 561730 Landscaping Services 561740 Carpet and Upholstery Cleaning Services 561790 Other Services to Buildings and Dwellings 5619 Other Support Services 562111 Solid Waste Collection 562119 Other Waste Collection 5629 Remediation and Other Waste Management Services 6111 Elementary and Secondary Schools 6112 Junior Colleges 6113 Colleges, Universities, and Professional Schools 611410 Business and Secretarial Schools 61142 Computer Training 61143 Professional and Management Development Training 611511 Cosmetology and Barber Schools 611512 Flight Training 611513 Apprenticeship Training 611519 Other Technical and Trade schools 6116 Other Schools and Instruction 6117 Educational Support Services 6211 Office of Physicians 6212 Office of Dentists 6213 Office of Other Health Practitioners 621410 Family Planning Centers 621420 Outpatient Mental Health and Substance Abuse Centers 621491 HMO Medical Centers 621392 Kidney Dialysis Centers 621493 Free Standing Ambulatory Surgical and Emergency Centers 621498 All Other Outpatient Care Centers 6215 Medical and Diagnostic Laboratories 6216 Home Health Care Services 6219 Other Ambulatory Health Care Services 622 Hospitals 623110 Nursing Care Facilities (Skilled Nursing Facilities) 623210 Residential Intellectual and Developmental Disability Facilities 623220 Residential Mental Health and Substance Abuse Facilities 623311 Continuing Care Retirement Communities 623312 Assisted Living Facilities for the Elderly 62399 Other Residential Care Facilities 624 Social Assistance 624410 Child Day Care Services 7111 Performing Arts Companies 711211 Sports Teams and Clubs 711219 Other Spectator Sports 7113 Promoters of Performing Arts, Sports, and Similar Events 7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures 7115 Independent Artists, Writers, and Performers 712 Museums, Historical Sites, and Similar Institutions 71311 Amusement and Theme Parks 10 Amusement Arcades 713120 71391 Golf Courses and Country Clubs 71392 Skating Facilities 71394 Fitness and Recreational Sports Centers 71395 Bowling Centers 11 713990 All Other Amusement and Recreation Industries except shooting range and slot machines 721191 Bed-and-Breakfast Inns 721310 Rooming and Boarding Houses 722310 Food Service Contractors 722320 Caterers 722330 Mobile Food Services 722410 Drinking Places (Alcoholic Beverages) 7225 Restaurants and Other Eating Places 15 8111 Automotive Repair and Maintenance (except Truck Repair) 15 8111 Automotive Repair and Maintenance (Truck Repair) 811211 Consumer Electronics Repair and Maintenance 811212 Computer and Office Machine Repair and Maintenance 811213 Communication Equipment Repair and Maintenance 811219 Other Electronic and Precision Equipment Repair and Maintenance 811310 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance 811411 Home and Garden Equipment Repair and Maintenance 811412 Appliance Repair and Maintenance 81142 Reupholstery and Furniture Repair 81143 Footwear and Leather Goods Repair 81149 Other Personal and Household Goods Repair and Maintenance 8121 Personal Care Services 81221 Funeral Homes and Funeral Services 13 Cemeteries and Crematories 812220 812310 Coin-Operated Laundries and Drycleaners 812320 Dry Cleaning and Laundry Services (except Coin-Operated) 812331 Linen Supply 812332 Industrial Launderers 812921 Photofinishing Laboratories (except One-Hour) 812922 One-Hour Photofinishing 16 812930 Parking Lots and Garages 812990 All Other Personal Services 813110 Religious Organizations 8132 Grantmaking and Giving Services 8133 Social Advocacy Organizations 8134 Civic and Social Organizations 81391 Business Associations 81392 Professional Organizations 81393 Labor Unions and Similar Labor Organizations 81394 Political Organizations 813990 Other Similar Organizations (except Business, Professional, Labor, and Political Organizations) 92 Public Administration Additional Conditions: 8. Uses classified under NAICS Codes 484, 4885, or 493 are permitted, irrespective of adjacency to a high frequency truck route, based on pre-existing, non-conforming status of such uses as established in Ordinance No. 2006-1501, and as amended. 9. Use condition applies to NAICS 713120 (Footnote 10) – Refer to Chapter 10 of the Code of Ordinances (must be at least 300 feet from church, school, or hospital & measured from property line to property line). 10. Use condition applies to NAICS 713990 (Footnote 11) – Shooting range is a conditional use. 11. Use condition applies to NAICS 812220 (Footnote 13) – Crematories prohibited. 12. Use condition applies to NAICS 8111 (Footnote 15) – Vehicles parked and/or stored outdoors overnight before or after being serviced must be screened in compliance with the designated commercial performance standards for outdoor storage. This restriction does not apply to establishments that maintain an average 1-day turnaround time such as businesses offering oil changes. Establishments with pre-existing, nonconforming uses are prohibited from parking and/or storing any vehicle outdoors in locations visible from a public right-of-way for a duration exceeding fourteen (14) consecutive calendar days. 13. Use condition applies to NAICS 812930 (Footnote 16) – Parking of commercial motor vehicles, including truck tractors not in combination with trailers, prohibited. 14. Use condition applies to NAICS 493190 (Footnote 17) – Automobile dead storage must be fully contained within an enclosed building. 15. Use classified under NAICS Code 493190 is permitted, irrespective of adjacency to a high frequency truck route, based on pre-existing, non-conforming status of such uses as established in Ordinance No. 2006-1501, and as amended. 16. Use condition applies to NAICS 4231, 4232, 4233, 4234, 42351, 4236, 4237, 423910, 923920, 423940, 423940, 423990, 4241, 4242, 4243, 4244, 4245, 424610, 424690, 424710, 424720, 424810, 424820, 42492, 42493, 42495, and 42499 (Footnote 19) – Total site area may not exceed five acres with a maximum building size of 40,000 sq. ft. A special conditional use permit (SCUP) may be sought for individual sites in excess of five acres or buildings greater than 40,000 sq. ft. 17. Use condition applies to NAICS 484 (Footnote 20) – Hazardous materials which may or may not require a placard may not be stored on site for any length of time, regardless of whether the use is located adjacent to the hazardous cargo route. This prohibition includes shipments of hazardous materials that are defined as in-transit by the Department of Transportation (DOT). 18. The following NAICS Code uses are permitted with approval of an amended Special Conditional Use Permit and may be subject to additional requirements/conditions: 3111 Animal Food Manufacturing 3112 Grain and Oilseed Milling 3113 Sugar and Confectionery Product Manufacturing 3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing 3115 Dairy Product Manufacturing 31211 Soft drink and Ice Manufacturing 31212 Breweries 31213 Wineries 31214 Distilleries 322211 Corrugated and Solid Fiber Box Manufacturing 322212 Folding Paperboard Box Manufacturing 32222 Paper Bag and Coated and Treated Paper Manufacturing 326 Plastic and Rubber Products Manufacturing 327110 Pottery, Ceramics, and Plumbing Fixture Manufacturing 4238 Machinery, Equipment, and Supplies Merchant Wholesalers 19 Farm Supplies Merchant Wholesalers 424910 5 Other Gasoline Stations 44719 453998 All Other Miscellaneous Store Retailers (except Tobacco, E-Cigarette and Vape Stores) Additional Conditions: 19. Use condition applies to NAICS 44719 (Footnote 5) – Truck Stop shall only be permitted on State Hwy 225. 20. Use condition applies to NAICS 812910 (Footnote 14) – Dog grooming. There shall be no overnight boarding of animals. All areas used for holding animals shall be located within the same building in which grooming activities take place. 21. Use condition applies to NAICS 4231, 4232, 4233, 4234, 42351, 4236, 4237, 423910, 923920, 423940, 423940, 423990, 4241, 4242, 4243, 4244, 4245, 424610, 424690, 424710, 424720, 424810, 424820, 42492, 42493, 42495, and 42499 (Footnote 19) – Total site area may not exceed five acres with a maximum building size of 40,000 sq. ft. A special conditional use permit (SCUP) may be sought for individual sites in excess of five acres or buildings greater than 40,000 sq. ft. 22. Use of shipping containers as a primary use: Shipping containers must be set back 50 ft. from the front, 50 ft. from the rear, and 30 ft. from the side property lines. Shipping containers are permitted to be stacked up to four containers in height. Shipping containers shall be stacked in a 'pyramid' appearance along the front of the site. The initial row shall not exceed two containers in height, with each successive interior row gaining one container in height to a maximum of four containers in height. For the sides beyond the front area, the 'pyramid' appearance shall not be required. 23. Use of shipping containers as an accessory use: Shipping containers must be set back 50 ft. from any public right-of-way. Containers shall not be stacked.