§ 35-310.18. "MI-1" Mixed Light Industrial.

"MI-1" Generally.

STATEMENT OF PURPOSE

The mixed light industrial district "MI-1" is established to encourage the development of mixed agricultural, commercial and light industrial uses that are internally compatible in an effort to achieve well designed development and provide a more efficient arrangement of land uses, building, and circulation systems.

These districts are located for convenient access from existing and future arterial thoroughfares and railway lines. Furthermore, these districts shall protect and enhance the rural character of the area, attract sources of economic development and growth, promote clean industry, and minimize the adverse effects to adjacent uses. The "MI-1" district implements the following goals and policies of the master plan:

•  Economic Development, Policy 1e: Support and encourage efforts to diversify the economic base of San Antonio.

•  Natural Resources, Policy 1g: Promote the safe storage of hazardous materials in locations that do not endanger neighborhoods.

•  Natural Resources, Goal 3: Achieve a sustainable balance between the conservation, use and development of San Antonio's natural resources.

•  Natural Resources, Policy 1d: Encourage retention of the 100-year floodplains as natural drainageways without permanent construction, unnecessary straightening, bank clearing, or channeling.

•  Urban Design, Policy 1b: Develop urban design policies and standards which integrate and coordinate planning for historic and cultural resources, public facilities and services, and private development, infrastructure, transportation, arts and cultural resources, libraries, parks and recreation, health and human service facilities.

(a)

"MI-1" Uses and Conditions.

Applicability (see subsection 35-310.15(a)).

The mixed light industrial district "MI-1" allows development in accordance with the dimension standards contained in section 35-310, Table 310-1, lot and building dimensions table.

(1)

Single-Family Residential Use. Single-family residential uses are not permitted in an "MI-1" district except that dwelling units for on-site caretakers are allowed.

(2)

Multi-Family Residential Use. Multi-family (apartment) uses are not permitted in the "MI-1" district.

(3)

Village Center. Table 311-2a indicates uses that shall be permitted, provided such sites are designed as a village center in accordance with the following standards:

A.

The minimum lot frontage requirement shall be three hundred (300) feet.

B.

The ground floor to area ratio (FAR) shall not exceed thirty-five (35) percent. The ground FAR shall include the plaza, square or public open space

C.

A minimum of three (3) individual buildings is required.

D.

A minimum of two (2) acres located on an arterial street or an expressway is required.

E.

Village centers shall not be located within a radius of forty-five (45) percent of the length of the roadway section between the intersection of two (2) major arterial streets or higher classification, whichever is greater, measured from the centerline where two (2) major arterial streets or higher classification streets intersect.

F.

Site plan(s) shall be pedestrian oriented with sidewalks and walkways connecting buildings, plazas and parking.

G.

Shared internal driveway access is required.

H.

No parking shall be permitted in the front street yard.

I.

Parking shall be located at the sides and rear of buildings. Parking requirement shall be a minimum of one (1) space per five hundred (500) GFA.

J.

At least two (2) of the following pedestrian-oriented features shall be provided in the public open space area:

a.

Seating,

b.

Ornamental lamp posts, or

c.

Native shade trees.

K.

At least two (2) of the following urban design features shall be provided in the public open space area:

a.

Drinking fountains,

b.

A bandstand or a gazebo,

c.

Arbors,

d.

Awnings or canopies,

e.

Ornamental fountains,

f.

Trellises with native plants, or

g.

Beds of native plants.

L.

The buildings of a village center shall be oriented around a green, plaza, or other public open space. Public open space shall not be less than five (5) percent of the total acreage. The five (5) percent requirement shall include only those sidewalks and walkways that adjoin or are located in the open space.

(4)

Minor Node. Permitted uses, as indicated in the "MI-1" minor node column of Table 311-2a, Nonresidential Use Matrix shall be located fronting on and within one-quarter (¼) mile of the intersection of the centerlines of any two (2) major thoroughfares (including boulevards, main streets and avenues) as defined by the city's major thoroughfare plan, Table 506-1 and Table 506-2. Maximum building size for an individual building shall not exceed six thousand (6,000) square feet.

(b)

"MI-1" Blocks, Lots, Streets, Sidewalks, Parking and Loading Design (same as "RD" district, subsection 35-310.16(b)) with the following exceptions:

(1)

Streets - (no additional standards required).

(2)

Parking and loading - (no additional standards required).

(3)

Minimum building setback requirements. In addition to the requirements set forth in section 35-310, Table 310-1, any property adjoining a collector street, primary or secondary arterial street, or freeway must comply with the minimum setbacks in Table 310.18-1.

(4)

Wireless communication towers. All self-standing wireless communication transmission towers shall adhere to the minimum building setbacks set forth in Table 310.18-1.

Table 35-310.18-1
Building Setback Requirements for MI-1 District

Adjoining Street Classification*	Minimum Building Setback Requirement
Collectors or Avenues	30 feet from any property line adjoining a collector street
Primary and Secondary Arterials, Boulevards, and Main Streets	40 feet from any property line adjoining a primary or secondary arterial street
Freeways or Parkways	50 feet from any property line adjoining a freeway

 

* As described in Table 506-1, Table 506-2, and the major thoroughfare plan.

Reference: Sec. 35-506 Transportation and Street Design: Table 506-1, Conventional, and Table 506-2, Traditional street classifications.

(5)

Off-Street Loading.

A.

Principal vehicle access to and from the site shall be from a primary driveway.

B.

All loading docks shall be located on the same lot as the building or use to be served, shall be located either behind the building or at the sides of a building if fully screened from public rights-of-way, and shall not occupy the required front setback area.

(c)

"MI-1" Parks and Open Space. No park or open space dedication is required. Fifteen (15) percent of the site shall be retained in permanent open space with either undisturbed natural plant materials or maintained landscaped areas.

(d)

"MI-1" Building Design and Articulation. Buildings within one hundred (100) feet of any public rights-of-way shall conform to the following standards:

(1)

Exterior Wall Finish for Nonresidential Buildings. Any exterior wall located partially or wholly within one hundred (100) feet from the edge of a public right-of-way shall be masonry except for doors, windows, and trim. Masonry shall mean brick, stone, or stucco, or similar material. Stucco shall not comprise more than fifty (50) percent of the exterior finish.

(2)

Refuse Collection. Refuse containers shall be located away from public rights-of-way and business entrances, must not interfere with traffic circulation or site parking, and shall be completely screened from public view with materials similar to or compatible with buildings located on the same site. Screening is not required for collection areas for industrial by-products located more than one hundred (100) feet from the right-of-way.

(3)

Mechanical Equipment and Appurtenances. Cooling towers, vent stacks, ventilating fans, and other rooftop and ground-mounted mechanical units located partially or wholly within one hundred (100) feet from the edge of a public right-of-way shall be integrated into the design of the structure in a manner that is integral to the architectural form of the building.

(e)

"MI-1" Signs - (same as "UD" district). See subsection 35-310.15(e).

(f)

"MI-1" Buffers - (same as "UD" district). See subsection 35-310.15(f).

(g)

"MI-1" Natural Resource Protection.

(1)

Riparian.

A.

Riparian protection buffer. The purpose of the riparian protection buffer shall be to:

• Protect natural stormwater management provided by rivers, creeks, and wetlands.

• Protect surface water and groundwater quality.

• Protect water-dependent aquatic and terrestrial wildlife corridors.

• Maintain natural vegetation needed to protect the floodplain and provide wildlife habitat.

• Protect wetlands under federal jurisdiction that exist within the floodplain buffer.

• Protect the underlying aquifer.

Reference: Riparian buffers are not currently addressed in UDC. The floodplain (section 35-460 and Appendix "F") and the stormwater (section 35-504) regulations protect people and development from the hazards of flooding. The riparian protection buffer is designed to enhance the natural function and beauty of the riparian area.

B.

A riparian protection buffer shall be a minimum of one hundred fifty (150) feet from both sides of the centerline of a waterway or the limit of the 100-year floodplain, whichever is greater.

C.

A single-family residential use is permitted in the riparian protection buffer when a plat is not required by V.T.C.A. Local Government Code Ch. 212.

D.

Clearing, grading, filling, or construction is permitted in the riparian protection buffer if such clearing, grading, filling, or construction complies with the provisions of Appendix "F," provided however, that rights-of-way for trails, streets or railroad lines needed to provide access to the property, and utility easements for water, sewer, stormwater, electric, or cable lines may be cleared. In no case shall these activities impacting the riparian protection buffer exceed more than twenty (20) percent of the total area of the buffer. The buffer area may be used for agriculture and ranch uses.

E.

A retention or detention facility may be located within a riparian protection buffer provided that it is of earthen construction and is screened with vegetative screening.

F.

In a riparian protection buffer where ongoing maintenance is required, drainage easements shall be maintained in accordance with section 35-504.

G.

Modifications to existing earthen channels and watercourses or newly created open channels or retention/detention facilities shall be designed to enhance the rural aesthetic character or habitat value and shall be constructed and maintained in accordance with section 35-504.

H.

The floodplain administrator may reduce the required riparian protection buffer area up to fifty (50) percent for:

1.

A single-family residence when a plat is not required by V.T.C.A. Local Government Code Ch. 212; or

2.

If the applicant demonstrates that the portion of the riparian protection buffer being reduced does not contain significant existing vegetative cover, such as protected native trees or wetlands, and the applicant provides one or more of the following mitigation measures:

i.

Enhanced vegetative cover provided in the remaining buffer area; or

ii.

Earthen water breaks, drainage facilities or catch basins; or

iii.

Erosion control and slope stabilization.

Reference: Section 35-203 Conservation Subdivision and section 35-503 Parks and Open Space Standards.

(h)

"MI-1" Master Plan Consistency - (same as "UD" district, provided that no residential uses are permitted). See subsection 35-310.15(h).

(i)

"MI-1" Performance Standards.

(1)

Mechanical Operations. All mechanical repairs shall be conducted inside a building or under a roof and screened from public view.

(2)

Air Pollution. All uses shall operate in compliance with the most current revision of the regulations of the Texas Commission on Environmental Quality codified in the Texas Administrative Code, Title 30, Chapter 101, "General Air Quality Rules."

(3)

Noise. All uses shall comply with the provision of chapter 21, article III of the City Code, "Noise.

(4)

Glare and Heat. No direct or sky-reflected glare so as to be visible at the lot line shall be permitted. These regulations shall not apply to signs or floodlighting of parking areas otherwise permitted by this chapter. There shall not be emission or transmission of heat or heated air that is discernible at the boundary of the lot line.

(5)

Vibration. All machines shall be so mounted as to minimize vibration and no vibration shall be produced which is discernible without the aid of instruments at the boundary of the lot line.

(6)

Noxious Odors. No odors, other than those related to permitted emissions, that are discernible without the aid of instruments by a person of ordinary sensibilities shall be allowed beyond the boundary of the zoning district.

(7)

Toxic and Liquid Wastes. The discharge of any toxic or liquid waste material, unauthorized by state or federal permit, into any outdoor watercourse or drainage way shall be prohibited. The terms "toxic material" and "liquid waste material" shall have the meanings ascribed to them in applicable laws, rules, and regulations.

(8)

Fire and Explosion. All activities and all storage of flammable and explosive materials shall be provided with adequate safety and fire-fighting devices in accordance with the city's adopted Uniform Fire Code and shall comply with the regulations promulgated by the Texas Commission on Environmental Quality and/or Texas Railroad Commission and other applicable laws governing such product storage and use.

(9)

Radioactive Materials. No operation shall cause radioactivity at any lot line in violation of the regulations of the Nuclear Regulatory Commission as set forth in Title 10, chapter 1, Part 20 of the Code of Federal Regulations, and all applicable regulations of the State of Texas.

(10)

Electromagnetic Radiation. No operation shall be conducted which shall adversely affect the performance of electromagnetic radiators or receptors other than those of the creator of the radiation.

(11)

Industrial Waste Monitoring. Upon request of the city fire department, the solid waste management department, or San Antonio Water System, any person operating an activity within this district shall provide, to the requesting agency's satisfaction, documentation evidencing the characterization, handling, and disposal of any industrial waste generated within the district. Documentation that will satisfy the characterization inquiry includes process knowledge literature and/or waste analysis records.

(12)

Material Safety Data. Upon request of the city fire department, independent of the Federal Emergency Planning and Community Right to Know Act, (EPCRA) any person operating an activity within this district shall provide copies of Material Safety Data Sheets (MSDS) for material maintained, stored, or used within the district. The materials, subject to this section, are those materials whose properties for volatility, flammability, explosive potential, corrosiveness, radioactivity, or other toxic or hazardous property qualify their listing in the North American Emergency Response Guidebook, current addition and as amended.

(13)

Petroleum and Natural Gas Extraction and Production.

A.

General. The operator is responsible for compliance with this section during all operations at the well. Any violation of any valid law or of any valid rule, regulation or requirement of any city, state or federal regulatory body having jurisdiction with reference to drilling, completing, equipping, operating, producing, maintaining, or abandoning oil or gas wells or related appurtenances, equipment or facilities or with reference to firewall, fire protection, blow out protection or safety of persons or property shall be in violation of this section.

B.

Wellhead setbacks. No well shall be drilled or re-entered for deepening or conversion, the surface location of which is:

1.

Within less than the height of the drilling rig plus twenty-five (25) feet from any street, alley or utility easement, unless the operator obtains a variance from the board of adjustment.

2.

Within less than four hundred (400) feet from any residence or other permanent structure intended for human occupancy, unless the operator obtains a variance from the board of adjustment for which the operator provides notarized affidavits from all affected property owners within four hundred (400) feet of the proposed well stating consent of the proposed drilling or re-entry activity for deepening or conversion.

3.

Within less than four hundred (400) feet from any exterior boundary line or six hundred (600) feet from any building or land used by any public or parochial school, college, university, or hospital, or which is occupied by a church or a public building, unless the operator obtains a variance from the board of adjustment for which the operator provides notarized affidavits from all affected property owners within six hundred (600) feet from the proposed well stating consent to the proposed drilling or re-entry activity for deepening or conversion.

4.

Within less than four hundred (400) feet from the exterior boundary line of lands utilized for cemeteries or public parks, unless the operator obtains a variance from the board of adjustment.

C.

Well re-entry. No well shall be re-entered for reworking which does not involve deepening or conversion, or re-entry activity for plugging and abandonment, the surface location of which is within less that two hundred (200) feet from any residence or other permanent structure intended for human occupancy, unless the operator obtains a variance from the board of adjustment for which the operator provides notarized affidavits from all affected property owners within two hundred (200) feet of the proposed well stating consent of the proposed re-entry activity for reworking, which does not involve deepening or deepening or conversion, or re-entry for plugging and abandonment.

D.

Pipelines. Before any excavation or construction work is commenced on any pipeline to move oil, gas, water or other product to and from a well site, on, over under, along or across any city street, sidewalk, alley or other city property, a franchise shall first be obtained from the city council. No operator shall interfere with or damage any existing storm sewer, drainage facility, water line, sewer line or gas line, or facility of a public utility located on, under or across the course of any such pipeline.

E.

Premises to be kept clean. All surface areas utilized by an operator for production facilities shall be kept clear of dry grass, weeds and combustible trash or other rubbish or debris that would, if allowed to accumulate, result in a fire hazard. In the event the operator does not keep the premises clean, the director may have the premises cleaned by contract and the payment of such work performed shall constitute a valid lien against the property.

F.

Public nuisance declared. No person shall conduct any well operation in a manner that would create a noise, odor or vibration detrimental to the health, safety or welfare of the surrounding neighborhood or any considerable number of persons. Such operation is hereby declared to constitute a public nuisance and subject to the provisions of sections 14-61 through 14-67 of the City Code.

(Ord. No. 98091 § 7) (Ord. No. 99555 § 5) (Ord. No. 100126) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)