ARTICLE 8 ENVIRONMENTAL PERFORMANCE AND DESIGN STANDARDS

• Section 8.01 Intent.

   No use otherwise allowed shall be permitted within a district that does not conform to the standards of use, occupancy and operation provided in this article, which standards are hereby established as the minimum requirements to be maintained within such district.

• Section 8.02 Airborne Emissions, Noxious Fumes and Odors.

   It shall be unlawful for any person, firm, or corporation to permit the emission of any smoke or air contaminant in violation of applicable air quality standards adopted by the Federal Clean Air Act and the Michigan Department of Environmental Quality.

   (a)   Smoke. No person shall permit the emission of smoke from any source to a density greater than that density described as No. 1 on the Ringelmann Chart, except for smoke, the shade or appearance of which is equal to, but not darker than, No. 2 of the Ringelmann Chart for a period or periods aggregating four (4) minutes in any thirty (30) minutes.

   For the purpose of grading the density of smoke, the Ringelmann Chart, as now published and used by the United States Bureau of Mines, and which is hereby made a part of this Zoning Ordinance, shall be the standard. However, the Umbrascope readings of smoke densities may be used when correlated with the Ringelmann Chart.

   (b)   Other Air Pollutants. No person shall operate or maintain, or cause to be operated or maintained, any process, furnace or combustion device for the burning of coal or other natural or synthetic fuels, without maintaining and operating (while using such process, furnace or combustion device) recognized and approved equipment, means, methods, devices or contrivances to reduce the quantity of gas-borne or air-borne solids or fumes emitted into the open air. Such equipment, means, methods, devices or contrivances shall be operated in conjunction with such process, furnace or combustion device so that the quantity of gas-borne or air-borne solids does not exceed twenty (20) grains per cubic foot of the carrying medium at a temperature of five hundred (500) degrees Fahrenheit.

   For the purpose of determining the adequacy of such equipment, means, methods, devices or contrivances, such conditions shall be met when the percentage of excess air in the stack does not exceed fifty (50) percent at full load. This requirement shall be measured by the American Society of Mechanical Engineers Test Code for dust-separating apparatus. All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. The Zoning Administrator may require such additional data as is deemed necessary to show that adequate and approved provisions for the prevention and elimination of dust, dirt and fly ash have been made.

   (c)   Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor. Such odors shall be prohibited when perceptible at any point along the property line.

• Section 8.03 Noise and Vibration.

   (a)   Noise that is objectionable as determined by the City due to volume, frequency, or beat shall be muffled, attenuated, or otherwise controlled, subject to the following:

      (1)   Objectionable sounds of an intermittent nature, or sounds characterized by high frequencies, shall be controlled so as not to become a nuisance to adjacent uses.

      (2)   Sirens and related apparatus used solely for public purposes are exempt from this requirement. Noise resulting from temporary construction activity shall also be exempt from this requirement.

      (3)   Noise levels shall not exceed seventy five (75) decibels between the hours of 6:00 a.m. and 10:00 p.m. and shall not exceed sixty (60) decibels between the hours of 10:00 p.m. and 6:00 a.m., and must comply with the levels set forth in the following table:

Sound Levels in Decibels at Property Lines
Octave Band Cycles per Second	Adjacent to All Residential Uses	Adjacent to All Commercial, Office & Industrial Uses
0 to 75	58	73
75 to 150	54	69
150 to 300	50	65
300 to 600	46	61
600 to 1200	40	55
1200 to 2400	33	43
2400 to 4800	26	41
over 4800	20	35

 

   (c)   No use shall generate any ground transmitted vibration in excess of the limits set forth below. Vibration shall be measured at the nearest adjacent lot line. The vibration maximums set forth below are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following standards shall apply:

Particle Velocity, Inches-Per Second
Frequency in Cycles per Second	Displacement in Inches
0 to 10	0.0010
10 to 20	0.0008
20 to 30	0.0005
30 to 40	0.0004
40 and over	0.0003

 

   If requested by the Zoning Administrator, the petitioner shall provide evidence of compliance with the above noted vibration calculations.

   (d)   Vibrations resulting from temporary construction activity shall be exempt from the requirements of this section.

• Section 8.04 Electrical Disturbance, Electromagnetic, or Radio Frequency Interference.

   No use shall create an electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmission) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected. Radioactive materials and wastes, including electromagnetic radiation such as x-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line.

• Section 8.05 Glare and Exterior Lighting.

   (a)   Intent. The intent of this Section is to protect the health, safety, and welfare of the public by recognizing that buildings and sites need to be illuminated for safety, security, and visibility for pedestrians and motorists. To do so, this Section provides standards for various forms of lighting that will: minimize light pollution and light trespass (i.e. "sky glow"), minimize the intrusion of excess lighting levels into residential neighborhoods, conserve electrical energy, and curtail the degradation of the nighttime visual environment.

   (b)   Exterior Lighting From Direct Sources. Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas and building complexes with common areas, shall be sufficiently illuminated to ensure the security of property and the safety of persons using such public or common areas. Additionally, the following standards shall apply:

      (1)   Only non-glare, color-corrected lighting (such as metal halide fixtures) shall be permitted to maintain a unified lighting standard throughout the City and prevent "sky glow".

      (2)   Lighting shall utilize full cut-off shielding to prevent the lamp from extending beyond the light fixture, and the illumination shall be downward directed to prevent off-site glare.

      (3)   Light intensity shall not exceed one (1) foot- candle when measured at the property line and five (5) feet above grade. However, light intensity shall not exceed 0.3 foot-candles when measured at the property line and five (5) feet above grade if the property abuts a residentially zoned and/or used parcel.

      (4)   Running, chasing or otherwise intermittent lighting shall be prohibited. However, this shall not be considered to include LED type lighting when permitted as a part of a sign (see Article 7).

      (5)   Lighting fixtures shall not exceed a height of twenty-five (25) feet or twenty (20) feet when adjacent to areas zoned and/or used for residential purposes. However, the Planning Commission and/or Zoning Administrator may consider increased height when all other ordinance provisions are satisfied.

      (6)   All lighting, including ornamental lighting, shall be shown on site plans in sufficient detail to allow determination of the effects of such lighting upon adjacent properties and traffic safety.

      (7)   The Planning Commission may require decorative light fixtures as an alternative to shielded fixtures where it will be compatible with the traditional City character of the surrounding area. In this case, it must be proven that there will be no offsite glare.

      (8)   All outdoor lighting installed and maintained upon private property within any non-residential district shall be turned off between 11:00 p.m. and sunrise. However, for uses that continue after 11:00 p.m., the lights shall be dimmed to a level necessary for security purposes only. The modified level shall be at the discretion of the Zoning Administrator while input may be sought from the Planning Commission.

   (c)   Light and Glare From Indirect Sources.

      (1)   Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines.

      (2)   The design and/or screening of the development shall ensure that glare from automobile and commercial or industrial vehicle headlights shall not be directed into any adjacent property, particularly residential property.

      (3)   Exterior doors shall be located, operated and maintained so as to prevent any glare and light from creating a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses.

   (d)   Prohibited Lighting Elements.

      (1)   The internal illumination of translucent building-mounted canopies/awnings.

      (2)   Indirect illumination of buildings and signs that utilize halogen bulbs in excess of 120-watts (1800 lumens) or compact fluorescent bulbs in excess of 42 watts (3200 lumens).

      (3)   The use of laser light sources, searchlights, or any similar high intensity light for outdoor advertisement or entertainment.

      (4)   Luminous tube and exposed bulb fluorescent lighting.

   (e)   Exemptions. The following are exempt from the lighting requirements of this Section, except that the Zoning Administrator may take steps to eliminate the impact of the exempted items when deemed necessary to protect the health, safety, and welfare of the public:

      (1)   Holiday decorations

      (2)   Window displays without glare

      (3)   Shielded pedestrian walkway lighting

      (4)   Residential lighting with no off-site glare

   (f)   Submittal Requirements. The following information must be included for all site plan submissions and where site plan approval is not required, some or all of the items may be required at the discretion of the Zoning Administrator prior to lighting installation:

      (1)   Location of all freestanding, building-mounted, and canopy light fixtures on the site plan and building elevations.

      (2)   Photometric grid overlaid on the proposed site plan indicating the overall light intensity throughout the site (in foot-candles).

      (3)   Specifications and details for the type of fixture being proposed, including the total lumen output, type of lamp, and method of shielding.

      (4)   Any other information deemed necessary by the Zoning Administrator to determine compliance with provisions of this Article.

• Section 8.06 Use , Storage and Handling of Hazardous Substance; Storage and Disposal of Solid, Liquid, and Sanitary Waste.

   (a)   It shall be unlawful for any person, firm, corporation or other legal entity to pollute, impair or destroy the air, water, soils or other natural resources within the City of Howell through the use, storage and handling of hazardous substances and/or waste or the storage and disposal of solid, liquid, gaseous and/or sanitary waste.

   (b)   Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores or generates hazardous substances shall obtain the necessary permits and/or licenses from the appropriate Federal, State or local authority having jurisdiction. The City shall be informed of any and all inspections conducted by a Federal, State or local authority in connection with a permit and/or license.

   (c)   Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores or generates hazardous substances shall complete and file a Hazardous Chemicals Survey on a form supplied by the City in conjunction with the following:

      (1)   Upon submission of a site plan.

      (2)   Upon any change of use or occupancy of a structure or premise.

      (3)   Upon any change of the manner in which such substances are used, handled, or stored, and/or in the event of a change in the type of substances to be used, handled, or stored.

   (d)   All businesses and facilities which use, store, or generate hazardous substances in quantities greater than one hundred (100) kilograms per month (equal to or greater than twenty five (25) gallons or two hundred-twenty (220) pounds) shall comply with the following standards:

      (1)   Above-Ground Storage, Use and Handling Areas for Hazardous Substances.

         A.   Secondary containment of hazardous substances and polluting materials shall be provided. Secondary containment shall be sufficiently impervious to contain the substance for the maximum anticipated period of time necessary for the recovery of any released substance.

         B.   Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers that are protected from weather, leakage, accidental damage and vandalism. Containers shall not be stacked more than two (2) high, shall be orderly, not less than thirty (30) feet from the lot line, and shall not obstruct ingress or egress.

         C.   Secondary containment structures such as out-buildings, storage rooms, sheds and pole barns shall not have floor drains. Materials shall be kept in an orderly fashion, shall not be stacked within four (4) feet of the ceiling and stored in a manner that shall not obstruct access.

         D.   Areas and facilities for loading/unloading of hazardous substances and polluting materials, as well as areas where such materials are stored, handled and used, shall be designed and constructed to prevent discharge or runoff.

      (2)   Underground Storage Tanks. Existing and new underground storage tanks shall be registered, installed, operated, maintained, and removed in accordance with requirements of the appropriate Federal, State or local authority having jurisdiction and shall not contaminate the sanitary sewer system, storm drains, surface water, groundwater, or soils.

      (3)   Loading and Unloading Areas. Areas used for the loading and unloading of hazardous substances shall be designed and constructed to prevent the harmful release to the environment of hazardous materials that may be spilled, leaked, or vented.

   (e)   All site plans for businesses or facilities which use, store or generate hazardous substances shall be reviewed by the Fire Department, City Engineer and any other appropriate experts as determined necessary by the Planning Commission prior to approval by the Planning Commission.