(A) Purpose. The M-1 Industrial District is designed so as to primarily accommodate a mix of light and heavy industrial uses including wholesale activities, warehouses, manufacturing, fabrication assembly 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 M-l District is so structured as to permit, along with any specified uses, the manufacturing, compounding, processing, packaging, assembly and/or treatment of finished or semi-finished products from previously prepared material. It is further intended that the processing of raw material for shipment in bulk form, to be used in an industrial operation at another location, not be permitted without adequate safeguards for the surrounding areas.
(B) Uses permitted. In an M-1 Industrial District, no building or land shall be used and no building shall be erected except for 1 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) 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, tool, die, gauge and machine shops;
(3) The manufacture, compounding, assembling or treatment of articles or merchandise from previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, rubber, precious or semiprecious metals or stones, sheet metal, shell, textiles, tobacco, wax, wire, wood and yarns;
(4) The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;
(5) Manufacture or assembly of musical instruments, toys, rubber products, electrical appliances, light sheet metal products, signs or similar products;
(6) Tool and die shops; metal working machine shops involving the use of grinding or cutting tools, such as manufacturing tools, dies, jigs and fixtures; publishing, printing or forming of box, carton and cardboard products;
(7) Central dry cleaning plants or laundries, provided that the plants shall not deal directly with consumer at retail;
(8) All public utilities, including buildings, necessary structures, storage yards and other related uses;
(9) Mini-storage facilities provided that all parking and storage areas within the site have a paved surface;
(10) All types of race tracks including horse, automobile and so-called “go-cart” tracks, provided that no race track shall be operated or maintained on any parcel of land of less than 20 acres, no part of which parcel shall be within 1,000 feet of any residential structure existing prior to the commencement of construction of the race track facilities;
(11) Other uses similar to the above uses; and
(12) Accessory structures when located in accordance with the requirements of this chapter.
(C) Principal uses permitted subject to special conditions. The following special condition uses shall be permitted subject to review and approval by the Planning Commission and Township Board, and further subject to any and all reasonable conditions which may be imposed in accordance with § 16(b) of the Township Rural Zoning Act, as amended, and §§ 152.130, 152.131 and 152.150 through 152.152.
(1) Warehousing and wholesale establishments, and trucking facilities, provided all products are enclosed within a building;
(2) 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; water supply and sewage disposal plants; water and gas tank holders; railroad transfer and storage tracks; railroad rights-of-way; and freight terminals;
(3) Storage facilities for building materials, sand, gravel, stone, lumber and storage of contractor’s equipment and supplies, provided such is enclosed within a building or within an obscuring wall or fence on those sides abutting all residential or commercial districts, and on any yard abutting a public thoroughfare;
(4) Retail uses which have an industrial character in terms of either their outdoor storage requirements or activities (such as but not limited to lumber yard, building materials outlet, outdoor sales of boats, house trailers, automobile garages or agricultural implements) or serve convenience needs of the industrial district (such as but not limited to eating and drinking establishments, bank, savings and loan association, credit union, automobile service stations, motel or bowling alley, trade or industrial school or industrial clinic);
(5) Amusement enterprises, including but not limited to merry-go-rounds, arcades, go-cart tracks, pony riding ring, ferris wheel and similar uses;
(6) Open air display area for the sale of manufactured products, such as similar to garden furniture, earthenware, hardware items or nursery stock, flea market or the rental of manufactured products or equipment, such as household equipment, small tools, trailers, and similar products and equipment;
(7) Restaurants and cafeteria facilities for employees;
(8) Business and technical schools which provide education in skills which are commonly used in industrial districts, such as schools for the training of engineering technicians, machine operators and vehicle mechanics;
(9) The assembly and/or manufacture of automobiles, automobile bodies, parts and accessories, and similar products;
(10) Manufacture of corrosive acid or alkali, cement, lime, gypsum or plaster of paris, brick, chemicals, plastic, asphalt or similar compounds;
(11) Petroleum or other inflammable liquids, production, refining or storage; including well sites;
(12) Heating and electric power generating plants;
(13) Any of the following production or manufacturing uses (not including storage of finished products) provided that they are located not less than 800 feet distant from any residential district and not less than 300 feet distant from any other district:
(a) Junkyards, provided they are entirely enclosed within a building or within an 8-foot obscuring wall and provided further that 1 property line abuts a railroad right-of-way;
(b) Incineration of garbage or refuse when conducted within an approved and enclosed incinerator plant; and
(c) Blast furnace, steel furnace, blooming or rolling mill.
(14) The manufacture, compounding, assembling or treatment of articles or merchandise from previously prepared materials: elastomers, plastics or other toxic material;
(15) Breweries, bump shops, distilleries, machine shops, metal buffing, plastering and polishing shops, metal and plastic molding and extrusion shops, millwork lumber and planing mills, painting and varnishing shops; and
(16) Adult book or supply stores, adult motion picture theaters, adult live stage performing theaters, adult outdoor motion picture theaters, group A cabarets, and massage parlors or massage establishments.
(a) In the development and execution of this chapter and this section, it is recognized that there are certain uses which, because of their very nature, have serious objectionable characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. The special regulations in this section are intended to prevent a concentration of these uses in any 1 area, so as to prevent the blighting, deterioration or downgrading of an area. The following requirements are intended to accomplish these purposes:
1. The establishment of the types of adult regulated uses listed below shall be prohibited if the establishment of that use will constitute the second such use within a 1,500 foot radius (that is, not more than 1 such establishment within 1,500 feet of another such establishment). The distance between uses shall be measured between the nearest property lines.
a. Adult book or supply stores;
b. Adult motion picture theaters;
c. Adult motion picture arcade;
d. Adult motel;
e. Adult model studio;
f. Adult live stage performing theaters;
g. Adult outdoor motion picture theaters;
h. Group A cabarets; and
i. Massage parlors or massage establishments.
2. It shall be unlawful to hereafter establish any adult regulated use if the proposed regulated use will be within a 1,500 foot radius of the following. The distance between uses shall be measured between the nearest property lines:
a. Any Class C establishment licensed by the Michigan Liquor Control Commission;
b. Pool or billiard halls;
c. Coin-operated amusement centers;
d. Disco or dance centers which typically cater to teens;
e. Ice or roller skating rinks;
f. Pawn shops;
g. Indoor or drive-in movie theaters;
h. Public and private parks, playgrounds or other recreation uses;
i. Churches, convents, monasteries, synagogues or similar religious institutions;
j. Daycare centers or nurseries;
k. Any public, private or parochial nursery, primary or secondary school, and all school bus stops; and
l. Any residentially zoned land in the Charter Township of Clayton, including land that is zoned RA, RSF, RE, FS, FM or MHC.
3. The building and premises shall be designed and constructed so that material depicting, describing or relating to specified anatomical areas (as defined in this chapter) cannot be observed by pedestrians or from vehicles on any public right-of-way. This provision shall apply to any display, decoration, sign, show window or other opening.
4. There shall be absolute and strict compliance with the township adult entertainment use ordinance, relating to licensing and other matters.
(b) For adult regulated uses as used in this chapter, the following definitions shall apply:
1. ADULT BOOK OR SUPPLY STORE. An establishment having 10% or more of usable interior, retail, wholesale or warehouse space devoted to the distribution, display, storage of books, magazines and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activity or specified anatomical areas (as defined herein) or an establishment with a segment section devoted to the sale or display of such material in an establishment which is customarily open to the public generally, excluding minors by reason of age.
2. ADULT MODEL STUDIO. Any place where models who display specified anatomical areas (as defined herein) are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to any bonafide art school or similar educational institution.
3. ADULT MOTEL. A motel wherein visual displays, graphic materials, or activities are presented which depict, describe, or relate to specified sexual activities or specified anatomical areas (as defined herein).
4. ADULT MOTION PICTURE ARCADE. Any place where motion picture machines, projectors, or other image producing devices are maintained to show images to 5 or fewer persons per machine at any 1 time, and where the images displayed depict, describe or relate to specified sexual activities or specified anatomical areas.
5. ADULT MOTION PICTURE THEATER OR ADULT LIVE STAGE PERFORMING THEATER. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas (as defined herein) for observation by more than 5 patrons therein. Such an establishment is customarily open to the public generally, excluding any minor by reason of age.
6. ADULT OUTDOOR MOTION PICTURE THEATER. A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patron of the theater. Such establishment is customarily open to the public generally, excluding any minor by reason of age.
7. GROUP A CABARET. An establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators, similar entertainers, or topless and/or bottomless wait persons or employees.
8. MASSAGE PARLOR OR MASSAGE ESTABLISHMENT. A place where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone using mechanical, therapeutic, or bathing devices or techniques, other than the following: a duly licensed physician, osteopath or chiropractor; or a registered or practical nurse operating under a physician’s directions. A MASSAGE ESTABLISHMENT may include but is not limited to establishments commonly known as MASSAGE PARLORS, health spas, sauna baths, Turkish
bathhouses and steam baths.
MASSAGE ESTABLISHMENTS, as defined herein, shall not include properly-licensed hospitals, medical clinics or nursing homes, or beauty salons or barber shops in which massages are administered only to the scalp, the face, the neck or shoulders.
9. SPECIFIED ANATOMICAL AREAS. Portions of the human body defined as follows:
a. Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below the point immediately above the top of the areola; and
b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
10. SPECIFIED SEXUAL ACTIVITIES. The explicit display of 1 or more of the following:
a. Human genitals in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse or sodomy; or
c. Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast.
(Am. Ord. 413, passed 7-14-2005)
(D) Areas and yards.
(1) Areas. There shall be no side or rear lot areas required when adjacent to a commercially or industrially zoned parcel. When adjacent to a residentially zoned parcel the appropriate side or rear lot area requirements of that residential category shall be required on any portion of the property bordering the residential district.
(2) Yards. That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding or processing shall be totally obscured by a wall on those sides abutting any residential or commercial district.
(E) Area and bulk requirements. See § 152.100, limiting the height and bulk of buildings, the minimum size of lots, yards, setbacks and maximum density permitted by land use.
(F) Performance standards. All uses established or placed into operation within this district shall comply at all times with performance standards as set forth in § 152.031.
(Ord. Art. XVIII, passed 5-22-1997)