No activity, operation or use of land, buildings, or equipment shall be permitted if such activity, operation, or use produces an environmental impact or irritant to sensory perception which exceeds the standards set forth in this section.
(A) Airborne emissions.
(1) Smoke. 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.
(2) 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.
(3) Gases. The escape or emission of any gas which is injurious or destructive, harmful to person or property, or explosive shall be unlawful and shall be abated.
(B) Noise and vibration.
(1) Noise which is objectionable as determined by the city due to intensity, frequency, or duration shall be muffled, attenuated, or otherwise controlled subject to the following provisions:
(a) 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.
(b) 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.
(c) Noise levels shall not exceed 75 decibels between the hours of 6:00 a.m. and 10:00 p.m. and shall not exceed 60 decibels between the hours of 10:00 p.m. and 6:00 a.m., and must comply with the levels set forth in Table 6-1 below:
Table 6-1 Sound Levels | ||
Sound Levels in Decibels at Property Lines | ||
Octave Band Cycles per Second | Adjacent to All Residential Districts | Adjacent to All Commercial, Office and Industrial Districts |
Table 6-1 Sound Levels | ||
Sound Levels in Decibels at Property Lines | ||
Octave Band Cycles per Second | Adjacent to All Residential Districts | Adjacent to All Commercial, Office and Industrial Districts |
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 |
(2) No use shall generate any ground transmitted vibration in excess of the limits set forth below in Table 6-2. 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 with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following standards shall apply:
Table 6-2 Vibration Levels | |
Particle Velocity in Inches-Per-Second | |
Frequency in Cycles per Second | Displacement in Inches |
Table 6-2 Vibration Levels | |
Particle Velocity in Inches-Per-Second | |
Frequency in Cycles per Second | Displacement in Inches |
0 to 10 | 0.001 |
10 to 20 | 0.0008 |
20 to 30 | 0.0006 |
30 to 40 | 0.0004 |
40 and over | 0.0002 |
(3) Vibrations resulting from temporary construction activity shall be exempt from the requirements of this section.
(C) 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.
(D) Glare and exterior lighting.
(1) Light and glare from indirect source.
(a) 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 so as not to be seen from any point beyond the property line, and so as not to create a public nuisance or hazard along lot lines.
(b) The design and/or screening of the development shall insure that glare from automobile and commercial or industrial vehicle headlights shall not be directed into any adjacent property.
(c) 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.
(2) Exterior lighting from direct sources.
(a) 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.
(b) Exterior lighting shall be located and maintained to prevent the reflection and glare of light in a manner which created a nuisance or safety hazard to operators of motor vehicles, pedestrians and neighboring land uses. These provisions are not intended to apply to public street lighting.
(c) Only white, non-glare lighting such as metal halide, color-corrected high-pressure sodium, or other types of lighting which achieve the same effect shall be permitted. Lighting shall be placed and shielded so as to direct the light onto the site and away from adjoining properties. Lighting shall be shielded so that it does not cause glare for motorists.
(d) Lights shall be recessed into the fixture so that bulbs or elements are not visible from adjoining properties.
(e) Lighting for uses adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed 0.1 foot-candles along property lines. Lighting for uses adjacent to non-residential properties shall be designed and maintained such that illumination levels do not exceed 0.3 footcandles along property lines. Light intensity shall not exceed a maximum of 20 foot-candles in any given area. The Planning Commission, upon City Planner’s recommendation, may allow for an increased level of lighting above maximum permissible levels when it can be demonstrated that such lighting is necessary for safety and security purposes.
(f) Lighting fixtures shall not exceed a height of 25 feet. In portions of a site adjacent to residential areas, lighting fixtures shall not exceed a height of 20 feet.
(g) 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. Building or roof-mounted lighting intended to attract attention to the building and/or use and not strictly designed for security purposes is not permitted. Temporary holiday lighting is exempt from the aforementioned provision.
(E) Use, storage and handling of hazardous substance; storage and disposal of solid, liquid, and sanitary waste.
(1) 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 through the use, storage and handling of hazardous substances and/or wastes or the storage and disposal of solid, liquid, gaseous and/or sanitary wastes.
(2) 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.
(3) Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores or generates hazardous substances and/or hazardous waste shall complete and file a Material Safety Data Sheet (MSDS,) as provided by the Federal Occupational Safety and Health Administration (OSHA) in conjunction with the following:
(a) Upon submission of a site plan.
(b) Upon any change of use or occupancy of a structure or premise.
(c) 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.
(4) All business and facilities which use, store, or generate hazardous substances in quantities greater than 100 kilograms per month (equal to or greater than 25 gallons or 220 pounds) shall comply with the following standards:
(a) Above ground storage, use and handling areas for hazardous substances.
1. 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.
2. Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers which are protected from weather, leakage, accidental damage and vandalism. Containers shall not be stacked more than two high, shall be orderly, not less than 30 feet from the lot line, and shall not obstruct ingress or egress.
3. 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 feet of the ceiling and stored in a manner which shall not obstruct access.
4. 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.
(b) 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.
(c) 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 which may be spilled, or leaked, or vented.
(5) All site plans for businesses or facilities which use, store or generate hazardous substances shall be reviewed by the Fire Department, City Engineer, Community Development Department and any other appropriate experts determined necessary by the Community Development Department prior to approval by the Planning Commission.
(F) Fire hazard. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment and such safety devices as are normally used in the handling of any such material. All fire prevention tools shall comply with applicable state rules and regulations, and shall be approved by the Fire Department in accordance with the city fire prevention code, as amended.
(G) Safety. Existing hazards or potential hazards and nuisances, such as construction sites, junk yards, demolition sites, unused basements, abandoned wells or cisterns are to be enclosed by suitable fencing or barriers so as not to endanger public health, safety and welfare. Compliance is required with all applicable state rules and regulations and the city fire prevention code, as amended.
(H) Building grades. Any building requiring a greenbelt or setback shall be located at an elevation to provide a sloping grade which shall cause the flow of surface water to run away from the building. A sloping grade shall begin at the sidewalk level, as determined by the City Engineer, and shall be established from the center of the front property line, extending to the finished grade line at the front of the building. The rear and side yards shall also be sloped to cause the flow of surface water to run away from the building, but without creating a nuisance on the adjacent properties. However, this shall not exclude the opportunity to provide sunken or terraced areas, providing the construction does not cause a nuisance on the adjacent properties from the runoff of surface water.
(1) When a new building is constructed on a vacant lot located between two existing buildings or adjacent to an existing building, the reference level shall be used to determine the building grade. In addition, the yard around the new building shall be graded to comply with the existing grades and shall not create the runoff of surface water onto the adjacent properties.
(2) The Building Official or his or her designee or the City Engineer shall approve final grades. Written approval upon a form provided by the city may be required to ensure compliance with the approved grading plan on file with the Building Department, and shall be completed and certified by a registered civil engineer or land surveyor.
(I) Accumulation of waste. Accumulations of waste paper, wood, hay, straw, weeds, litter, or combustible or flammable waste or rubbish of any kind shall not be permitted to remain upon any roof or in any court, yard, vacant lot, alley, parking lot or open space. All weeds, grass, vines or other growth, when same endangers or threatens to endanger property, or is liable to be fired, shall be cut down and removed by the owner or occupant of the property. All combustible rubbish, oily rags or waste material when kept within a building, shall be stored in approved metal containers. Storage shall not produce conditions which in the opinion and judgment of the fire official will tend to create a nuisance or a hazard to the public health, safety, or welfare.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)