(a) Purpose. The purpose of this section is to promote a healthy environment as it relates to the city's natural resources; sensitive ecosystems; the integrity of the city's land, water, and air; the quality of the city's visual environment, including the management of lighting and its impact upon traffic safety, adjacent land uses and the night sky; and the provision of adequate sewage disposal and potable water. All provisions of this section apply to all structures, buildings and uses unless otherwise noted.
(b) Compliance with local, county, state, and federal regulations. All land uses and construction activities shall conform with the provisions of this section and all local, county, state and federal regulations including the State Fire Marshall, Michigan Department of Agriculture, Michigan Department of Labor and Economic Growth, Ingham County Health Department, Ingham County Drain Commissioner, Michigan Department of Environmental Quality, Federal Communications Commission, and all local, county, state and federal regulations related to loading/unloading, transport, storage, use and/or disposal of hazardous substances.
(c) Discharges and flammable/hazardous materials.
(1) No dust, fumes, or noxious, odorous matter shall be discernible at or beyond the property line. Any atmospheric discharge requiring a permit from the Michigan Department of Environmental Quality or federal government shall have said permit(s) as a condition of approval for such use. This subsection shall not apply to farm operations in compliance with most current published Generally Accepted Agricultural Management Practices of the Michigan Commission of Agriculture.
(2) It shall be unlawful to discharge any materials in such a way or of such nature or temperature as can contaminate any surface waters, land or aquifers, or otherwise cause the emission of dangerous or objectionable elements, except in accord with standards approved by the Michigan Department of Environmental Quality.
(d) Noise. The use of any lot shall not cause the emittance of sound from any source or combination of sources, which when measured in accordance with the procedure described herein, exceeds the sound level limits in this subsection. This subsection shall not apply to motor vehicles registered for use on public roads, agricultural operations, home landscape maintenance machines and snow blowers that meet their respective product requirements, the emission of sound for the purposes of alerting persons of an emergency or emergency vehicle, and the emission of sound in the performance of emergency work.
(1) Measurement of sound level shall be made using a microphone set at a height of approximately four and one half feet along the lot line of the lot on which the sound source being measured is located.
(2) A violation shall not be deemed to exist unless the sound level measured is at least six decibels higher than the sound level measured with the sound source or sources not in operation.
(3) All measurements shall be made using a sound level meter which meets the most current requirements of the American National Standards Institute "Type 2 or Type 1 Sound Level Meters," and which has been set for fast meter response and the A-weighting network.
(4) Sound level limits.
a. Adjacent lot in a residential or other non-commercial or non-industrial district.
1. 7:00 a.m. to 10:00 p.m.: 55 dba
2. 10:00 p.m. to 7:00 a.m.: 50 dba
b. Adjacent lot in a commercial district.
1. 7:00 a.m. to 10:00 p.m.: 65 dba
2. 10:00 p.m. to 7:00 a.m.: 60 dba
c. Adjacent lot in an industrial district.
1. 7:00 a.m. to 10:00 p.m.: 70 dba
2. 10:00 p.m. to 7:00 a.m.: 65 dba
(e) Light. The following regulations and standards shall apply to all uses except for single-family and two family dwellings:
(1) No lighting shall in any way impair the safe movement of traffic on any road.
(2) A wall, fence, or berm, at least five feet in height shall be erected to prevent vehicle headlight glare from shining onto adjacent residential property. No wall/fence shall in any way impair safe vertical or horizontal sight distance for any moving vehicles.
(3) Lighting shall be designed and constructed to ensure that direct and reflected light is confined to the lot or parcel upon which the light source is located.
(4) Exterior lighting shall be so installed that the surface of the source of light shall be hooded or louvered to the greatest extent practical so that:
a. Light sources shall not be visible from beyond the lot lines and shall be so arranged to reflect light away from adjacent properties.
b. No more than one foot candle power of light shall cross a lot line five feet above the ground on a residentially used lot.
c. Lighting is directed downward as much as is possible and appropriate for the application.
(5) Outdoor lighting for recreation and amusement areas need not comply with subsection (4) provided the lighting is designed with baffling and glare guards to ensure that no more than one foot candle power of light shall cross a lot line five feet above the ground on a residentially used lot, and such lighting is turned off during hours the facility is closed.
(f) Drifted and blown material. The drifting or airborne transmission beyond the lot line of dust, particles, or debris from any open stockpile shall be unlawful and may be summarily caused to be abated.
(g) Vibration. All machinery shall be mounted and operated in order to prevent transmission of ground vibration exceeding a displacement of three one-thousandths of one inch, as measured at the property line.
(h) Odor. The emission of noxious, odorous matter in quantities which are readily detectable at any point along lot lines when diluted in the ratio of one volume of odorous air to four or more volumes of clean air is prohibited.
(i) Gases. The escape of or emission of any gas which is injurious or destructive or explosive shall be unlawful and shall be abated.
(j) Glare and heat. An operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line, except during the period of construction of the facilities to be used and occupied.
(k) Electromagnetic radiation. Propagation of electromagnetic radiation shall comply with all local, state, and federal regulations which are hereby adopted by reference as a part of this chapter.
(l) Radioactive materials. Radioactive materials and radiation shall not be emitted in excess of levels or quantities established as safe by local, state, or federal regulations which are hereby adopted by reference as part of this chapter.
(m) Airborne emissions. Airborne emissions shall be in compliance with state requirements.
(n) Other forms of pollution. It shall be unlawful to discharge into the air, onto the ground or into the water any material or materials in excess of standards approved by the state or the county public health department.
(o) Grading and filling of property. The final grade surface of ground areas remaining after the construction of a building or structure and any earth changes made in connection with the use of land shall be designed and landscaped such that surface water flows away from the building or structure and is collected or managed in a manner which avoids the following:
(1) Any increase in surface water discharge onto adjacent properties or public roads.
(2) The erosion of or filling of any road drainage facility.
(3) The blockage of any public watercourse.
(4) The creation of standing water over a private sewage disposal drainage field.
(5) Any unnecessary impoundment of surface water.
(p) Required water supply and sanitary sewer facilities. No structure for human occupancy shall be erected, altered, or moved upon any lot or premises and used in whole or in part for dwelling, business, industrial, or recreational purposes unless it shall be provided with a safe, potable water supply and with a safe and effective means of collection, treatment, and disposal of human excreta and normal domestic wastes by connection to the city wastewater treatment system or to an approved private sewage disposal system. All such installations and facilities shall conform with the minimum requirements of the city and any other local, county, or state requirements.
(q) Soil erosion/sedimentation, soil/groundwater contamination.
(1) All development in all districts shall conform to the applicable Erosion/Sedimentation Ordinance and general rules and part 91 of the Natural Resources and Environmental Protection Act (MCL 324.9101 et seq.).
(2) A pollution incident prevention plan (PIPP) must be provided to the city by an owner or agent wherever uses or conditions exist on any parcel of property located in the city which could result in detectable soil or ground water contamination.
(r) Drainage channels and floodplains. Drainage channels and floodplains, which exist within the City of Mason are essential for the maintenance of the health and general welfare of the people of the city. Any encroachment, filling or obstruction of these drainage channels or floodplains is a violation of this chapter. Such property may be developed, however, for reasonable use provided that a special use permit is approved by the planning commission and that prior to granting said permit the city has referred the matter to appropriate permitting agencies and has received advice and recommendation. The applicant shall furnish needed topographic data, engineering studies, site plan and similar data necessary to determine the effects of flooding, impoundment of water, flow restrictions and other effects on the flow of water and possible harm to persons, property, or natural resources from the proposed development.
(s) Dumping or disposal of waste. The use of land for dumping or disposal of scrap iron, junk, garbage, rubbish, trash, or other refuse, or of ashes, slag or other industrial, commercial or household wastes or by-products is prohibited in all districts, except under a special use permit.
(Ord. No. 152, 5-1-2006)