(A) Statement of purpose. In the M-1 district, the intent is to permit certain industries which are of a light manufacturing character to locate in planned areas of the city. So that these uses may be integrated with nearby land uses, such as commercial and residential uses, limitations are placed upon the degree of noise, smoke, glare, waste, and other features of industrial operations so as to avoid adverse effects. It is further intended that these light industrial uses act as a transition between heavier industrial uses and non-industrial uses and not necessarily require railroad access or major utility facilities. Certain commercial uses which are desirable to service the employees and visitors of the industrial uses are also permitted in this district.
(B) Principal permitted uses. Any of the following uses when the manufacturing compounding or processing is conducted entirely within a completely enclosed building. That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding, final product storage, or processing shall be totally obscured by a 6-foot masonry wall on those sides abutting any residential district:
(1) Wholesale and warehousing. The sale at wholesale or warehousing of automotive equipment; dry goods and apparel; groceries and related products; raw farm products except livestock; electrical goods; hardware, plumbing, heating equipment and supplies; machinery and equipment; petroleum bulk stations and terminals; tobacco and tobacco products; paper and paper products; furniture and home furnishings, and any commodity the manufacture of which is permitted in this district; truck terminals;
(2) Industrial establishments.
(a) The assembly, fabrication, manufacture, packaging, or treatment of such products as food products (excluding butchering, animal slaughtering), candy, drugs, cosmetics and toiletries, musical instruments, optical goods, toys, novelties, electrical instruments and appliances, radio and phonographs, or pottery and figurines or other ceramic products using only previously pulverized clay.
(b) The assembly, fabrication, manufacture, or treatment of products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, felt, fiber, glass, horn, leather, paper, plastics, precious or semi-precious metals or stones, sheet metal (excluding large stampings such as automobile fenders or bodies), shell, textiles, wax, wire, wood (excluding saw and planing mills), and yarns.
(c) Tool and die shops; metal working machine shops involving the use of grinding or cutting tools; manufacturing of tools, dies, jigs, and fixtures; publishing, printing, or forming of box, carton, and cardboard products.
(d) Laboratories; research or testing.
(e) Central dry cleaning plants and laundries.
(3) Public utility uses. Electric transformer station and substation; electric transmission towers; municipal buildings and uses; gas regulator and municipal utility pumping stations; and
(4) Accessory buildings and uses. Accessory buildings and uses customarily incidental to the above principal permitted uses.
(5) Medical marijuana provisioning center, shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the provisioning center shall not be permitted:
(a) Within 500 feet of any other commercial medical marijuana transaction facility; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center, a grow facility and/or processing center, there may be an exception given to permit these uses on that one parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(6) Medical marijuana growing facility shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the grow facility shall not be permitted:
(a) Within 500 feet of any other commercial medical marijuana transaction facility; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center, a grow facility and/or processing center, there may be an exception given to permit these uses on that 1 parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(7) Medical marijuana processing facility: Shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the processing facility shall not be permitted:
(a) Within 500 feet of any other commercial medical marijuana transaction facility. If the same applicant has 1 parcel of land in which they have the ability to co-locate a provisioning center, a grow facility and/or processing center, there may be an exception given to permit these uses on that 1 parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(8) Medical marijuana safety compliance facility: Shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the safety compliance facility shall not be permitted:
(a) Within 500 feet of any other commercial medical marijuana transaction facility;
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(9) Medical marijuana secure transporter facility: Shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the secure transporter facility shall not be permitted:
(a) Within 500 feet of any other commercial medical marijuana transaction facility;
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(10) Open air business uses as follows, in conformance with § 157.086:
(a) Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment;
(b) Retail sale of fruits and vegetables;
(c) Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children’s amusement park, or similar recreation uses;
(d) Bicycle, trailer, motor vehicle, boat, or home equipment rental services;
(e) Outdoor display and sale of garages, swimming pools, and similar uses; and
(f) Outdoor sales space for sale of new and/or used automobile or of new and/or used house trailers or boats; provided that all automobiles offered for sale are in good working condition.
(11) Marijuana retailer. Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the marijuana retailer shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center/retailer, a grow facility/grower and/or processing center/processor, there may be an exception given to permit these uses on that one parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(12) Marijuana microbusiness. Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the marijuana microbusiness shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(13) Marijuana grower. Shall be subject to all requirements set forth in § 157.092 for site plan review provided that the marijuana grower shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center/retailer, a grow facility/grower and/or processing center/processor, there may be an exception given to permit these uses on that one parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees;
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(14) Marijuana processor. Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the marijuana processor shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center/retailer, a grow facility/grower and/or processing center/processor, there may be an exception given to permit these uses on that one parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care of instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(15) Marijuana safety compliance facility. Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the safety compliance facility shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(16) Marijuana scene transporter. Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the secure transporter facility shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;
(b) Within 200 feet of any residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(17) Designated consumption establishment. Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the marijuana designated consumption establishment shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;
(b) Within 500 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(C) Permitted uses after special approval. The following uses may be permitted subject to the conditions hereinafter imposed and subject further to the review and approval of the City Planning Commission pursuant to § 157.177.
(1) The following retail and service establishments, provided that the establishments are clearly ancillary to the permitted industrial uses and are in keeping with the intent of this district:
(a) Eating and drinking establishments when food or beverage is consumed within a completely enclosed building. Establishments with a character or drive-in or open front store are prohibited;
(b) Barber shops;
(c) Truck tractor and trailer sales, rental, and repair; new automobile rental and leasing agency;
(d) Dog kennels;
(e) Motels; and
(f) Automobile service stations in accordance with § 157.074.
(2) Drive-in theaters, provided that any such site is adjacent to a major thoroughfare; that there shall be no vehicular access to any residential street; that suitable screening is provided to ensure that there shall be no highlight or other illumination directed upon any residentially zoned or developed property; and that the picture is not visible from a major thoroughfare; and that any drive-in theaters shall be located no closer than 1,000 feet to any residentially zoned or developed property.
(3) Industrial park, subject to the following provisions:
(a) Permitted uses shall include all principal permitted uses in this M-1 district;
(b) The minimum site size for an industrial park shall be 5 acres;
(c) All industrial parks shall be so located as to have at least 1 property line abutting a major thoroughfare. All ingress and egress shall be directly on to the major thoroughfare;
(d) No main or accessory building shall be situated less than 50 feet from any residential property line;
(e) No parking access or service area may be located less than 25 feet from any residential property line;
(f) Parking, loading, or service areas used by motor vehicles shall be located entirely within the boundary lines of the industrial park and shall be in accordance with §§ 157.110et seq. of this code;
(g) A planting strip of at least 10 feet wide shall be provided around the entire perimeter of the site except for driveways onto the public street system. A wall or barrier of suitable material not less than 5 feet high shall be constructed along those property lines which abut a residential district;
(h) A landscape plan which includes the entire site shall be submitted for approval to determine compliance with screening and planting strips; and
(i) Lighting facilities shall be required where deemed necessary for the safety and convenience of employees and visitors. These facilities will be arranged in a manner so as to protect abutting streets and adjacent properties from unreasonable glare or hazardous interference of any kind.
(4) Self-storage facilities, subject to the following:
(a) The minimum size of the site devoted entirely to this use shall be not less than 5 acres;
(b) This use shall not be directly adjacent to residentially zoned property on more than 1 side;
(c) All ingress and egress from the site shall be directly onto a principal arterial or major thoroughfare as designated on the city’s comprehensive development plan;
(d) All yard setbacks established in the M-1 district for buildings shall be complied with, except that setbacks between self-storage buildings on the same site must be at least 25 feet apart, side to side or front to rear;
(e) Maximum lot coverage may not exceed 40%;
(f) Maximum length of any self-storage building shall be 250 feet;
(g) No separate storage of combustible or flammable liquids, combustible fibers, or explosive materials as defined in the fire prevention code, or toxic materials, shall be permitted within the self-storage buildings or upon the premises. A lease agreement between the lessee and lessor shall state:
1. No flammable, combustible, or toxic material shall be stored or used on premises; and
2. The property shall be subject to periodic and unannounced inspections for flammable, toxic, and other hazardous materials by city officials.
(h) No storage outside of the self-storage buildings shall be permitted;
(i) Except as provided herein, the use of the premises shall be limited to storage only and shall not be used for operating any other business, for maintaining or repairing of any vehicles, recreational equipment, or other items, or for any recreational activity, hobby, or purpose other than the storage of personal items and business items as hereinbefore set forth;
(k) A security manager shall be permitted to reside on the premises to the extent required by this use (see § 157.068);
(l) All access aisles, parking areas, and walkways on the site shall be graded, drained, hard surfaced, and maintained in accordance with the standards and specifications of the city and applicable governmental agencies;
(m) Limited retail sales to tenants of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers, and locks and chains shall be permitted on the site devoted to this use, provided the sale is conducted from the main office of the self- storage facility;
(n) Access to the self-storage facility premises shall be restricted to tenants only, by use of an attendant, mechanical or electronic locking device, or other entrance-control device;
(o) Fire hydrants and fire suppression devices shall be provided, installed, and maintained in compliance with all requirements of the Fire Department;
(p) No self-storage building shall exceed 15 feet in height, except that 1 office building and caretaker’s quarters may be allowed up to 25 feet; and
(q) Self-storage buildings, including storage buildings and caretaker’s quarters, shall be architecturally designed so as not to have a flat roof, and shall instead have a mansard, gable, hip, or gambrel roof design.
(D) Industrial performance standards. Any use established in the M-1 district shall not be permitted to carry on any activity, operation, use of land, building, or equipment that produces irritants to the sensory perceptions greater than the measures herein established which are hereby determined to be the maximum permissible hazard to humans or human activity.
(1) Noise. No operation or activity shall be carried out in the M-1 district which cause or create measurable noise levels exceeding the maximum sound intensity levels prescribed below, as measured on or beyond the boundary lines of the districts.
(a) A sound level meter and an octave band analyzer shall be used to measure the intensity and frequency of the sound or noise levels encountered. Sounds of very short duration, which cannot be measured accurately with the sound level meter, shall be measured by an impact noise and analyzer; the measurements so obtained may be permitted to exceed the maximum levels provided in the Table 157.046A by no more than 5 decibels.
(b) For the purpose of this ordinance, the following definition shall apply unless the context clearly indicates or requires a different meaning.
IMPACT NOISES. Those noises where peak values are more than 7 decibels higher than the values indicated on the sound level meter.
(c) Where street traffic noises directly adjacent to the property line exceed these maximum permitted levels, the intensity levels permitted may then exceed those levels specified in the table but may not exceed the level of the subject adjacent street traffic noises.
(d) In addition, sounds of an intermittent nature, or characterized by high frequencies, which the Zoning Administrator deems to be objectionable in adjacent districts, shall be controlled so as not to generate a nuisance in adjacent districts, even if the decibel measurement does not exceed that specified in the table.
Center Frequency (Cycles per Second) | M-1 |
500.0 | 50 |
1,000.0 | 46 |
2,000.0 | 39 |
4,000.0 | 32 |
8,000.0 | 28 |
(2) Smoke, dust, dirt, and fly ash. The emission of smoke, dust, dirt, and fly ash shall in no manner be unclean, destructive, unhealthful, hazardous, or deleterious to the general welfare.
(a) This type of emission shall be in strict conformance with all applicable state and county health laws as pertaining to air pollution and smoke abatement.
(b) A person shall not discharge into the atmosphere, from any single source of emission, any smoke of a density equal to, or greater than, that density described as No. 2 on the Ringlemann Chart as published by the U.S. Bureau of Mines; provided that the following exceptions to the provisions of this rule be permitted:
1. Smoke the shade or appearance of which is equal to but not darker than No. 2 of the Ringlemann Chart for a period or periods aggregating 4 minutes in any 30 minutes; or
2. Smoke the shade or appearance of which is equal to but not darker than No. 3 of the Ringlemann Chart for a period or periods aggregating 3 minutes in any 15 minutes when building a new fire or when breakdown of equipment occurs such as to make it evident that the emission was not reasonably preventable.
(3) Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in a manner so as to be completely imperceptible from any point beyond the lot lines of the lot upon which the source of the glare or heat is located.
(4) Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any property line, when diluted in the ratio of 1 volume of odorous air to 4 or more volumes of clean air, so as to produce a public nuisance or hazard beyond lot lines, is prohibited.
(5) Vibration. Machines or operations which cause vibration shall be permitted, but no operation shall be permitted to produce ground transmitted oscillations which cause a displacement exceeding that specified in the following Tables 157.046B and 157.046C as measured at the property line. These vibrations shall be measured with a seismograph or accelerometer; preferably the former.
(a) For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
IMPACT VIBRATIONS. Discrete impulses which do not exceed 60 per minute.
STEADY STATE VIBRATIONS. Vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute.
(b) Between the hours of 8:00 p.m. and 6:00 a.m., all the maximum vibration levels below, as measured on or beyond the boundary line of residentially used areas adjacent to an M-1 district, shall be reduced to ½ the indicated permissible values.
Table 157.046B: Maximum Permitted Steady State Vibration in Inches | |
Frequency (Cycles per Second) | Permitted Vibrations |
10 and below | 0.001 |
10 to 19 | 0.0008 |
20 to 29 | 0.0005 |
30 to 39 | 0.0003 |
40 and above | 0.0001 |
Table 157.046C: Maximum Permitted Impact Vibration in Inches | |
Frequency (Cycles per Second) | Permitted Vibration
|
10 and below | 0.002 |
10 to 19 | 0.0015 |
20 to 29 | 0.001 |
30 to 39 | 0.0005 |
40 and above | 0.0002 |
(6) Fire and safety hazards. The storage and handling of flammable liquids, liquefied petroleum gases, and explosives shall comply with all state rules and regulations, and regulations as established by the Fire Prevention Act, Public Act 207 of 1941, as amended. Further, all storage tanks for flammable liquid materials above ground shall be located at least 150 feet from all property lines, and shall be completely surrounded by earth embankments, dikes, or other types of retaining wall which will contain the total capacity of all tanks so enclosed. Bulk storage tanks of flammable liquids below ground shall be located not closer to the property line than the greater depth to the bottom of the buried tank.
(7) Sewage wastes. No industrial sewage wastes shall be discharged into sewers that will cause chemical reaction, either directly or indirectly, with the materials of the pipe or other structure construction to impair the strength or durability of sewer structures; cause mechanical action that will destroy or damage the sewer structures; cause restriction of the hydraulic capacity of sewer structures; cause placing of unusual demands on the sewage treatment equipment or process; cause limitation of the effectiveness of the sewage treatment process; or cause danger to public interest. Specific conditions controlling sewage wastes are as follows:
(a) The acidity or alkalinity shall be neutralized within an average pH range of between 5.5 and 7.5 as a daily average on a volumetric basis, with a permissible temporary variation in pH of 4.50 to 10.0;
(b) The wastes shall contain no cyanides. Wastes shall contain no chlorinated solvents in excess of 0.1 p.p.m.; no fluorides in excess of 10 p.p.m.; no more than 5 p.p.m. of hydrogen sulphide; and shall contain no more than 10 p.p.m. of chromates;
(c) The wastes shall not contain any insoluble substance in excess of 10,000 p.p.m.; exceed a daily average of 500 p.p.m.; fail to pass a No. 8 standard sieve; or have a dimension greater than 0.5 inch;
(d) The wastes shall not have chlorine demand greater than 15 p.p.m.;
(e) The wastes shall not contain phenols in excess of 0.05 p.p.m.;
(f) The wastes shall not contain any grease or oil or any oily substance in excess of 100 p.p.m. or a daily average of 25 p.p.m.;
(g) The wastes shall not contain any explosive substance; and
(h) The wastes shall not contain any toxic or irritating substance which will create conditions hazardous to public health and safety.
(8) Gases. The escape of or emission of any gas which is injurious or destructive or explosive shall be unlawful and may be summarily caused to be abated. Sulphur dioxide gas, as measured at the property line at ground elevation, shall not exceed an average of 0.3 p.p.m.; hydrogen sulfide likewise shall not exceed 1 p.p.m.; fluorine shall not exceed 0.1 p.p.m.; nitrous fumes shall not exceed 5 p.p.m.; and carbon monoxide shall not exceed 15 p.p.m.; all as measured as the average intensity during any 24-hour sampling period.
(9) Electromagnetic radiation. Applicable rules and regulations of the Federal Communications Commission in regard to propagation of electromagnetic radiation are hereby made a part of this ordinance.
(10) Drifting and airborne matter, general. The drifting or airborne transmission beyond the lot line of dust, particles, or debris from any open stock pile shall be unlawful and shall be summarily caused to be abated.
(E) Compliance with county and state regulations. Any use permitted in the M-1 district must also comply with all applicable county and state health and pollution laws and regulations.
(F) Site plan review. For all uses permitted in the M-1 district, including structural restoration, reconstruction, extension, substitution, or renovation of existing uses, a site plan of the entire building premises shall be submitted for review and approval in accordance with § 157.092.
(G) Area, height, and placement requirements. Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulations.
(Ord. 2017-7-157, passed 12-4-2017; Ord. 2019-10-157, passed 9-16-2019)