(A) (1) Activities in this district shall be carried on in completely enclosed buildings.
(2) Storage may be permitted out-of-doors in rear yards as provided herein.
(3) All storage shall be effectively screened by a solid, uniformly finished wall or fence with solid entrance and exit gates.
(4) The wall or fence shall be at least 6 feet in height and no lower than the enclosed storage.
(5) If storage or walls exceed 10 feet in height, the storage must then be moved into the normal setback lines of the building.
(6) The storage shall not be deemed to include the parking of licensed motor vehicles under 1 1/2-ton rated capacity.
(B) (1) Uses in this district shall conform to the safety standards of appropriate federal and state agencies that are designed to regulate air, water, and noise pollution and the use or manufacture of hazardous substances, to include explosive substances, propane, flammable liquids, oxygen, and acetylene.
(2) Buildings that contain hazardous substances shall be constructed so as to contain any spillage that occurs within the building, or diked so as to contain the rupture of a storage facility.
(3) All construction plans relating to the location of buildings, storage facilities, fencing, and other above-ground structures, screening and landscaping, shall be subject to review and approval by the County Fire Department, particularly in regards to appropriate on-site clearance for the accessibility of fire and other emergency vehicles.
(4) Each building shall also have an approved fire and security warning system.
(5) All areas shall be plainly lighted and marked.
(C) All uses permitted within the Industrial District shall comply with the sewer and other applicable ordinances of the Village of Kingsley.
(D) Yards in this district shall conform to the following standards:
(1) Front yards. Buildings must be 35 feet off the right-of-way, and conform to established character of immediate area. The front yard shall remain clear from landscape improvements and necessary drives and walks, except that off-street parking shall be permitted for automobiles, provided that not more than 25% of the required front yard may be used to within a distance of 15 feet of the street right-of-way line.
(2) Side yards.
(a) Except for a strip 10 feet in width along the lot boundary, side yards may be used for parking and loading, but not for storage.
(b) The side yard may be eliminated where a railroad service to the site is obtained at the edge of the lot.
(c) Side yards shall be 25 feet except on a corner lot where the front yard setback shall hold on all sides facing the street.
(3) Rear yards.
(a) Except for a strip 10 feet in width, the rear yard may be used for parking, loading, and storage, provided that when required screening is located on the property line, the 10-foot strip may be used for parking, loading, and storage.
(b) The rear yard may be eliminated where a railroad service to the site is obtained at the edge of the lot.
(c) Rear yards shall be 25 feet except on corner lots, where the front yard setback shall hold on all sides facing streets.
(4) Side or rear yards.
(a) Side or rear yard areas shall be effectively screened by a solid uniformly finished wall or fence, or a 25-foot wide solid evergreen planting, which would effectively screen parking, loading, unloading, and servicing, if first approved by the Village Zoning Administrator.
(b) The wall or fence shall be at least 6 feet in height, but in no case shall the fence or wall be lower than the enclosed parking, loading, or servicing activity being screened.
(E) Maximum building height in this district shall be 55 feet.
(F) Each development shall be required to provide adequate off-street parking for all employees, customers, and visitors within the site.
(G) (1) No loading or unloading shall be permitted on any public or private street or road or any other place, except as provided in accordance with the following.
(2) Loading and unloading areas shall comply with the requirements of this chapter, except that all industrial uses must have a minimum of 1 loading and unloading area.
(H) In addition to the use requirements in § 152.158(A)-(G), a marihuana grower, marihuana processor, marihuana secure transporter, and marihuana safety compliance facility, in accordance with the provisions of state law, may be permitted through the issuance of a special use permit pursuant to § 152.157, provided that:
(1) Any uses or activities found by the State of Michigan or a court with jurisdiction to be unconstitutional or otherwise not permitted by state law may not be permitted by the village. In the event that a court with jurisdiction declares some or all of this section invalid, then the village may suspend the acceptance of applications for special use permits pending the resolution of the legal issue in question.
(2) At the time of application for a special use permit the marihuana facility must be licensed by the State of Michigan and then must be at all times in compliance with the laws of the State of Michigan including but not limited to the Michigan Medical Marihuana Act, being M.C.L.A. §§ 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, being M.C.L.A. §§ 333.27101 et seq.; and the Marihuana Tracking Act, being M.C.L.A. §§ 333.27901 et seq.; and all other applicable rules promulgated by the State of Michigan.
(3) At the time of application for a special use permit the marihuana facility must be licensed by village, (or have the village operating license concurrently in process along with the special use permit and site plan approval), and then must be at all times in compliance with
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(4) The use or facility must be at all times in compliance with all other applicable laws and ordinances of the village.
(5) The village may suspend or revoke a special use permit based on a finding that the provisions of the special use standards in this section, all other applicable provisions of this zoning ordinance,
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(6) A marihuana facility, or activities associated with the licensed growing, processing, testing,
transporting, or sales of marihuana, may not be permitted as a home business or accessory use nor may they include accessory uses except as otherwise provided in this section.
(7) Signage requirements for marihuana facilities, unless otherwise specified, are as provided in § 152.227, Sign Regulations.
(I) In addition to the use requirements in § 152.158(A)-(H), a marihuana facility as identified in § 152.157(C)(6) (Grower) must comply with the following:
(1) The permitted premises must not be located within 500 feet of any residential district, such distance limitations must be measured in a straight line from the permitted premises to the respective existing residential districts boundary line. Nor shall the permitted premises be located within 500 feet of M-l 13, such distance limitations must be measured in a straight line from the permitted premises to the respective right-of-way boundary line;
(2) Prohibit smoking or consumption of marihuana on the permitted property;
(3) Implement a drug and alcohol testing program for employees, pursuant to Regulation Number 2.07 (SPDOC No. 10-05), as amended and with definitions outlined in Article 53-385154-7, as amended;
(4) The marihuana facility must not sell or otherwise distribute marihuana or marihuana-infused products directly to the public;
(5) The permitted property and permitted premises owner must maintain general liability and property insurance as required by M.C.L.A. § 333.27206(b);
(6) All necessary county and state building, electrical, plumbing and mechanical permits must be obtained before operations commence at the permitted property and/or permitted premises;
(7) The permitted property and/or permitted premises is subject to scheduled inspections and approval by the local fire authority, law enforcement, Village Zoning Administrator, the local building official or state agency to insure compliance with all applicable state and local, ordinances, laws, rules and regulations, as part of any necessary inspection;
(8) The permitted premises must receive OSHA/MIOSHA certifications regarding safety of environment for the permitted premises;
(9) No minors must be allowed on the permitted property without a parent or guardian;
(10) The permitted premises must obtain all applicable local and state approval for discharge of growing by-products into the village's sewer system;
(11) Provide the village with a waste disposal plan which must be included with all applications for a grow operation detailing plans for chemical disposal and plans for plant waste disposal;
(12) Discharge of any toxic, flammable or hazardous materials in a regulated quantity under state, federal or local law into the village sewer system is prohibited;
(13) Any exterior lighting methods utilized between the hours of 9:00 p.m. to 7:00 a.m. must employ shielding methods to prevent ambient light spillage onto adjacent property. In no event must the village's lighting or night sky (§ 152.222) ordinances be violated, nor at any time must any ambient light spill onto residential zoned districts;
(14) Odors from the operations of a marihuana facility must be contained through use of operable filtration to ventilation and exhaust equipment. Odors must otherwise be effectively confined to the interior of the permitted premises from which the odor is generated to prevent fugitive nuisance odors from escaping the facility;
(15) The marihuana facility must not directly or indirectly advertise, or promote its services as a marihuana facility on the permitted property, other than a sign identifying the business name;
(16) In the event of any explosion, release, or hazard that results from the growth, cultivation or processing of marihuana plants, the responsible party will be responsible for reimbursement of any emergency response costs which were deployed to remediate, contain or respond to the explosion, fire, release or hazard, including transportation, overtime costs, special equipment or testing, and must be responsible for the repair of property damages, remediation, or medical expenses for injuries resulting from such explosion, release, harmful emission, or hazard;
(17) Outdoor storage is strictly prohibited;
(18) A security plan and floor plan must be submitted with any application for a permitted property and/or permitted premises. The security plan and floor plan must be treated as a confidential document by the village and its agents, exempt from disclosure to the extent permitted under the laws of this state or the Freedom of Information Act.
(1) All of the following § 152.157(I) provisions: (2), (3), (4), (5), (6), (7), (8), (9), (13), (14), (15), (16), and (18);
(2) All activities of a marihuana safety compliance facility, including all transfers of marihuana, shall be conducted within the structure and out of public view;
(3) The permitted premises must not be located within 100 feet of any existing residential district, such distance limitations must be measured in a straight line from the permitted premises to the existing respective residential districts boundary line;
(4) In the event of any explosion, release, or hazard that results from the operations of the safety compliance facility, the responsible party will be responsible for reimbursement of any emergency response costs which were deployed to remediate, contain or respond to the explosion, fire, release or hazard, including transportation, overtime costs, special equipment or testing, and must be responsible for the repair of property damages, remediation, or medical expenses for injuries resulting from such explosion, release, harmful emission, or hazard.
(1) All of the following § 152.157(I) provisions: (2), (3), (4), (5), (6), (7), (8), (10), (13), (14), and (15);
(2) The permitted premises (used for the containment of stored materials) must not be located within 100 feet of any existing residential district, such distance limitations must be measured in a straight line from the permitted premises to the respective existing residential districts boundary line;
(3) In the event of any explosion, release, or hazard that results from the operations of the secured transporter, the responsible party will be responsible for reimbursement of any emergency response costs which were deployed to remediate, contain or respond to the explosion, fire, release or hazard, including transportation, overtime costs, special equipment or testing, and must be responsible for the repair of property damages, remediation, or medical expenses for injuries resulting from such explosion, release, harmful emission, or hazard.
(Ord. passed 10-23-1978, § 12.04; Am. Ord. 2017-02, passed 11-13-2017) Penalty, see §
152.999