[Amended 6-6-1994 by Ord.
No. 94-06]
The I Industrial District is designed so as to primarily accommodate
wholesale activities, warehouses and industrial operations whose external
physical effects are restricted to the area of the district and in
no manner affect in a detrimental way any of the surrounding districts.
The general goals of this use district include, among others, the
following specific purposes:
(1)
To provide sufficient space, in appropriate locations, to meet the
needs of the municipality's expected future economy for additional
manufacturing and related uses.
(2)
To protect abutting residential districts by separating them from
manufacturing activities, and by prohibiting the use of such industrial
areas for new residential development.
(3)
To promote manufacturing development which is free from danger of
fire, explosions, toxic and noxious matter, radiation and other hazards,
and from offensive noise, vibration, smoke, odor and other objectionable
influences.
(4)
To protect the most desirable use of land in accordance with a well-considered
plan.
(5)
To protect the character and established pattern of adjacent development,
and in each area to conserve the value of land and buildings and other
structures, and to protect the municipality's tax revenue.
[Amended 6-6-1994 by Ord.
No. 94-06]
In an Industrial District, no building or land shall be used
and no building shall be erected except for one or more of the following
specified uses, unless otherwise provided in this chapter:
(1)
Any use charged with the principal function of basic research, design
and pilot or experimental product development, when conducted within
a completely enclosed building.
(2)
Any of the following uses when the manufacturing, compounding or
processing is conducted wholly within a completely enclosed building:
a.
Warehousing and wholesale establishments and trucking facilities.
b.
The manufacture, compounding, processing, packaging or treatment
of products such as but not limited to bakery goods, candy, cosmetics,
pharmaceuticals, toiletries, food products, hardware and cutlery,
and tool, die, gauge and machine shops.
c.
The manufacture, compounding, assembling or treatment of articles
of merchandise from previously prepared materials, including bone,
canvas, cellophane, cloth, cork, elastomers, feathers, felt, fiber,
fur, glass, hair, horn, leather, paper, plastics, rubber, precious
or semiprecious metals or stones, sheet metal, shell, textiles, tobacco,
wax, wire, wood and yarns.
d.
The manufacture of pottery and figurines or other similar ceramic
products using only previously pulverized clay, and kilns fired only
by electricity or gas.
e.
Manufacture of musical instruments, toys, novelties and metal or
rubber stamps, or other molded rubber products.
f.
Manufacture or assembly of electrical appliances, electronic instruments
and devices, radios and phonographs.
g.
Laboratories: experimental, film or testing.
h.
Manufacturing and repair of electric or neon signs, light sheetmetal
products, including heating and ventilating equipment, cornices, eaves
and the like.
i.
Central dry cleaning plants or laundries, provided that such plants
shall not deal directly with consumer at retail.
j.
All public utilities, including buildings, necessary structures,
storage yards and other related uses.
(3)
Warehouse, storage and transfer and electric and gas service buildings
and yards, public utility buildings, telephone exchange buildings,
electrical transformer stations and substations, and gas regulator
stations.
(4)
Storage facilities for building materials, sand, gravel, stone and
lumber, and storage of contractors' equipment and supplies.
(5)
Municipal uses such as water treatment plants and reservoirs, sewage
treatment plants, and all other similar municipal buildings and uses,
including outdoor storage.
(6)
Kennels.
(7)
Greenhouses.
(8)
Trade or industrial schools.
(9)
Retail uses which have an industrial character in terms of either
their outdoor storage requirements or activities, such as but not
limited to a lumberyard, building materials outlet, upholsterer or
cabinetmaker.
(10)
Recycling centers.
(11)
Auto engine and body repair, and undercoating shops when located
in a completely enclosed building.
(12)
Other uses similar to the uses listed in this section.
(13)
Accessory buildings and uses customarily incident to any of
the uses permitted in this section.
[Amended 6-6-1994 by Ord.
No. 94-06; 6-15-1998 by Ord. No. 98-02; 9-16-2002 by Ord. No. 02-12]
The following special condition uses shall be permitted in the I district subject to the conditions required in this section for each use, subject to any and all reasonable conditions which may be imposed in accordance with § 4c.(2) of the City-Village Zoning Act (MCL 125.584c), as amended, and further subject to review and approval by the Planning Commission as specified in § 86-393, pertaining to review and approval of conditional uses, and § 86-391, pertaining to review and approval of site plans:
(1)
Miniwarehouses (self-storage facilities), subject to the following
conditions:
a.
The minimum size of the site devoted to such use shall not be less
than three acres.
b.
Building setbacks shall be as follows: front yard not less than 20
feet; side and rear yard not less than 10 feet.
c.
Building separation between self-storage buildings on the same site
shall be 15 feet, as measured from side to side or front to rear,
or equal to the building height, whichever is greater.
d.
The total lot coverage of all structures shall be limited to 50%
of the total lot area.
e.
When adjacent to a residential district, a sightproof barrier shall
be provided around the perimeter of the development. The barrier shall
be located at the setback line and may consist of either the solid
facades of the storage structures or a fence. If a fence is provided,
it shall be a minimum of six feet in height and shall be constructed
of brick, stone, masonry units or wood products which are determined
by the building inspector to be durable and weather resistant.
f.
A ten-foot landscaped greenbelt shall be provided between the property line and required barrier along all street frontages. A five-foot landscaped greenbelt shall be provided between the property line and barrier where the site abuts any residential district. All materials shall be planted in conformance with § 86-350.
g.
Parking shall be provided in the ratio of one space for each 2,000
square feet of gross building area. At a minimum, two parking spaces
must be assigned to, and located conveniently to, each individual
storage building. In addition, two spaces for the resident manager,
and one additional space for each additional employee, shall be provided
adjacent to the rental office.
h.
Internal driveway aisles shall be a minimum of 24 feet in width.
i.
All off-street parking areas and driveways shall be hard surfaced and drained in accordance with § 86-338.
j.
All ingress and egress from the site shall be directly onto a major
thoroughfare as identified on the City future land use plan.
k.
Building height shall not exceed one story (15 feet), except that
a caretaker's or resident manager's unit may be allowed a building
height of two stories (25 feet).
l.
No single storage building shall exceed 5,000 square feet.
m.
All storage on the property shall be kept within an enclosed building.
n.
The use of the premises shall be limited to storage only, and the
premises shall not be used for any auction or sales, or storage and
transfer business; for the servicing, repair or fabrication of any
vehicle, boat, trailer, appliance or similar item; or for the operation
of power tools, compressors, kilns or similar equipment; except that
limited sales to tenants of products and supplies incidental to the
principal use, such as packing materials, identification labels, rope,
locks, tape, etc., shall be permitted on the site devoted to this
use. The storage of combustible or flammable liquids, combustible
fibers or explosive materials, as defined in the fire protection code,
or toxic materials, is expressly prohibited.
(2)
Commercial television and radio towers, public utility microwaves,
and public utility television transmitting towers, subject to the
following conditions:
a.
They shall be located centrally on a continuous parcel of not less
than 1.0 times the height of the tower, measured from the base of
the tower to all points on each property line.
b.
A barrier not exceeding eight feet in height shall be installed along
the perimeter of the development. The barriers shall be located at
the setback line and consist of either an ornamental masonry wall
or fence constructed of materials which are determined by the building
inspector to be durable and weather resistant.
c.
A ten-foot landscaped greenbelt shall be provided between the property line and required barrier along all street frontages. A five-foot landscaped greenbelt shall be provided between the property line and barrier where the site abuts any residential district. All materials shall be planted in conformance with § 86-350(c)(2).
d.
A minimum of two parking spaces must be provided on the site and
interior to the perimeter barrier. The parking area shall be provided
with a permanent durable and dustless surface and shall be so graded
and drained so as to dispose of all surface water accumulated within
the parking area.
e.
All towers shall be developed on a site consisting of at least two
acres in area.
f.
The tower shall be located no closer than 100 feet to any abutting
residential district or public street, as measured from the base of
the tower.
g.
All towers constructed shall not be altered in terms of physical
improvements or method of operation, except, however, that modification
may occur upon submittal and approval of an amended application for
special condition use approval.
(3)
Adult entertainment businesses, which are subject to the following
conditions:
a.
No adult entertainment business shall be located within 1,000 feet
of any other adult entertainment business or within 500 feet of any
of the following uses:
1.
All class C establishments licensed by the state liquor control
commission, except as to "adult cabarets" located within the City
as so licensed.
2.
Pool or billiard halls.
3.
Coin-operated amusement centers.
4.
Teenage discos or dancehalls.
5.
Ice or roller skating rinks.
6.
Pawnshops.
7.
Indoor or drive-in movie theaters.
8.
Any public park.
9.
Any church.
10.
Any public or private school having a curriculum including kindergarten
or any one or more of the grades 1 through 12.
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Such distance shall be measured along the centerline of the
street or streets or address between two fixed points on the centerlines
determined by projecting straight lines at right angles from the part
of the uses listed in this subsection nearest to the contemplated
location of the structure containing the adult entertainment use,
and from the contemplated location of the structure containing the
adult entertainment use nearest to a use listed in this subsection.
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b.
No adult entertainment business shall be located within 500 feet
of any area zoned residential. Such required distances shall be measured
by a straight line between a point on the boundary line of a zoned
residential area nearest to the contemplated structure or contemplated
location of the structure containing the adult entertainment business
to a point on the contemplated structure or contemplated location
of the structure containing the adult entertainment business nearest
to the boundary lines of a zoned residential area.
c.
All adult entertainment business shall be contained in a freestanding
building. Enclosed malls, commercial strip stores, common wall structures
and multi-uses within the same structure do not constitute a freestanding
building.
d.
No adult entertainment business shall be conducted in any manner
that permits the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way or from any property not regulated as an
adult entertainment use. This subsection shall apply to any display,
decoration, sign, show window or other opening.
e.
No person owning, operating, managing or employed by or within a
cabaret shall dance, perform or serve food, beverages or alcoholic
beverages while displaying or allowing to be visible specified anatomical
areas, as defined in this chapter, or allow any other person to do
so.
f.
No person owning, operating, managing or employed by or within a
cabaret shall, by means of dancing, acting or otherwise moving about,
perform specified sexual activities, as defined in this chapter, or
allow any other person to do so.
g.
No person owning, operating, managing or employed by or within a
cabaret shall have, own or possess, within said cabaret, any type
of radio receiver equipment containing police radio frequency bands
or capable of receiving police radio communications, or allow any
other person to do so.
h.
No person shall reside in or permit any person to reside in the premises
of any adult entertainment business.
i.
No person shall operate an adult personal service business, unless
there is conspicuously posted in each room, where such business is
carried on, a notice indicating the prices for all services performed
by said business. No person operating or working at such a place of
business shall solicit or accept any fees except those indicated on
any such notice.
j.
No person operating an adult entertainment business shall permit
it to be used for acts of prostitution or to be frequented by known
prostitutes who have been convicted of the act of prostitution within
the last 24 months and any customers convicted of being customers
of prostitutes within the last 24 months.
k.
No person operating an adult entertainment business shall permit
any person under the age of 18 to be on the premises of said business
either as an employee or customer.
l.
No person shall become the lessee or sublessee of any property for
the purpose of using said property for an adult entertainment business
without the express written permission of the owner of the property
for such use.
m.
No lessee or sublessee of any property shall convert that property
for any other use to an adult entertainment business without the express
written permission of the owner of the property for such use.
n.
The provisions of this section regarding massage parlors shall not
apply to hospitals, sanitariums, nursing homes, medical clinics or
the offices of a physician, surgeon, chiropractor, osteopath, psychologist,
clinical social worker or family counselor who is licensed to practice
his or her respective profession in the State of Michigan, or who
is permitted to practice temporarily under the auspices of an associate;
an establishment duly licensed in the State of Michigan, clergymen,
members of a state certified massage therapy association. Members
of a state certified massage therapy association must have a certificate
of completion of a massage program from a community college, college
or university.
o.
Building design, facade, or any painted images, murals, pictorials
or characters that depict specific anatomical areas or specific sexual
activities on a building, inside or outside thereof, are prohibited.
p.
Enforcement:
1.
Anyone violating this ordinance or any subsection, paragraph,
clauses and parts hereof is guilty of a misdemeanor and shall be subject
to a maximum penalty of 90 days in jail, or an equal amount of time
of community service, or any combination thereof not exceeding 90
days, plus $500 fine, plus actual costs of prosecution.
2.
Continuing violations. In addition to the penalty provided in
Subsection (3)p.1 of this section, any condition caused or permitted
to exist in violation of the provisions of this Code, or any ordinance,
shall be deemed a new and separate offense for each day that such
condition continues to exist.
(4)
Accessory buildings and uses customarily incident to any of the uses
permitted in this section.
[Amended 6-6-1994 by Ord.
No. 94-06]
Required conditions for uses in the I District are as follows:
(1)
Screening of open storage. Open storage facilities for materials or equipment used in manufacturing, compounding or processing shall be totally obscured by a wall on those sides abutting R-C, R-O, R-A, RM, C-1, C-2 and C-3 districts, and on any front yard abutting a public thoroughfare except as otherwise provided in § 86-352. In I districts, the extent of such a wall may be determined by the Planning Commission on the basis of usage. Such a wall shall not be less than four feet six inches in height, and may, depending upon land usage, be required to be eight feet in height, and shall be subject further to the requirements of Article XII of this chapter. The height shall be determined as in § 86-352(b).
(2)
Performance standards. All activities and uses within the district
shall conform to the following performance standards:
a.
Smoke. A person or industry shall not discharge into the atmosphere,
from any single source of emission whatsoever, any air contaminant
for a period or periods aggregating more than three minutes in any
one hour which is:
1.
As dark or darker in shade as that designated as no. 1/2 on
the Ringelmann chart, as published by the United States Bureau of
Mines; or
2.
Of such density as to obscure an observer's view to a degree
equal to or greater than the level of smoke described in subsection
a.1 of this subsection.
3.
At no time may smoke emissions be darker than Ringelmann no.
1.
b.
Open fires. A person or industry shall not burn any combustible refuse
in any open outdoor fire within the district.
c.
Noxious gases. No noxious or malodorous gases shall be allowed to
escape into the atmosphere in concentrations which are offensive,
which produce a public nuisance or hazard on any adjoining lot or
property, or which could be detrimental to human, plant or animal
life.
d.
Air contaminants. A person or industry shall not discharge, from
any source whatsoever, such quantities of air contaminants or other
material, including fly ash, dust, vapor or other air pollutants,
which could cause injury or harm to health, animals, vegetation or
other property or which can cause excessive soiling. Dust, dirt, smoke
or fly ash shall not be in excess of 0.3 gram per cubic foot of flue
gas at a stack temperature of 500° F. and are not to exceed 50%
excess air.
e.
Glare and heat. Any operation or activity producing glare shall be
so conducted that direct and indirect illumination from the source
of light shall not cause illumination in excess of 0.5 footcandle
when measured at any adjoining residence or business district boundary
line. Flickering or intense sources of light shall be so controlled
as not to cause a nuisance across any lot lines. If heat is a result
of an industrial operation, it shall be so insulated as to not raise
the temperature at any property line at any time.
g.
Vibration. Vibrations from industrial operations and vehicular traffic
in this district must be controlled to the extent that they cannot
be felt past any property line.
h.
Radio transmission. For electronic equipment required in an industrial
operation, the equipment shall be so shielded that its operation will
not interfere with radio, television or other electronic equipment.
i.
Storage of flammable materials. Any activity involving the use or
storage of flammable or explosive materials shall be protected by
adequate firefighting and fire suppression equipment and such safety
devices as are normally used in the handling of any such material.
Such hazards shall be kept removed from adjacent activities to a distance
which is compatible with the potential danger involved.
j.
Radioactive materials or electrical disturbance. No activity shall
emit dangerous radioactivity at any point, or unreasonable electrical
disturbance adversely affecting the operation at any point of any
equipment other than that of the creator of such disturbance.
k.
Water pollution. Pollution of water shall be subject to such requirements
and regulations as are established by the state department of health,
the state water resources commission, the county health department
and the U.S. Environmental Protection Agency. Such requirements and
regulations shall apply in all cases, except when they are less stringent
than the following standards, in which case the following standards
shall apply:
1.
No waste shall be discharged in the public sewer system which
is dangerous to the public health and safety.
2.
Acidity or alkalinity shall be neutralized to a pH of 7.0 as
a daily average on a volumetric basis, with a maximum temporary variation
of pH 5.0 to 10.0.
3.
Wastes shall contain no cyanides and no halogens and shall contain
not more than 10 parts per million of the following gases: hydrogen
sulfite, sulfur dioxide and nitrous oxide.
4.
Wastes shall not contain any insoluble substance in excess of
10,000 parts per million or exceeding a daily average of 500 parts
per million or fail to pass a no. 8 standard sieve, or have a dimension
greater than 1/2 inch.
5.
Wastes shall not have chlorine demand greater than 15 parts
per million.
6.
Wastes shall not contain phenols in excess of 0.005 parts per
million.
7.
Wastes shall not contain any grease or oil or any oil substance
in excess of 100 parts per million or exceed a daily average of 25
parts per million.
[Amended 6-6-1994 by Ord.
No. 94-06]
Area and bulk requirements for the I District are set out in Article XI of this chapter, the Schedule of Regulations, limiting the height and bulk of buildings, providing the minimum size of lots by permitted land use, and providing minimum yard setback requirements.
