The intent of the M-1 and M-2 industrial districts is to permit the use of land, buildings, and structures for the manufacturing, processing, fabricating, compounding, treatment, packaging and/or assembly of materials or goods, warehousing or bulk storage of goods, and related accessory uses. Related accessory uses may include, by way of example, research, design, and prototype development related to the industrial operations; the storage of goods in connection with or resulting from industrial operations; the provision of amenities for persons engaged in such operations; the sale of goods resulting from such operations; and, office use connected with the industrial operations.

The M-1 and M-2 industrial districts are also intended to accommodate certain quasi-industrial uses which have characteristics typically associated with industrial operations even though such uses are not engaged in manufacturing, processing, or other industrial operations. Such uses may include, by way of example, lumber yards or contractor yards.

The regulations in this article are further intended to protect lands and uses surrounding industrial development. These regulations are therefore intended to promote only those industrial operations that pose minimal risk from fire; explosions; release of toxic, noxious or hazardous material; exposure to radiation; or other hazards to the health, safety or welfare of the citizens of Bay City.

The regulations in this article provide for two industrial districts with the intent that only the least intensive industrial operations having no external off-site impacts should be located in the M-1 district, which may abut land zoned for residential or commercial use. More intensive industrial operations should be located in the M-2 district, which is intended to be separated from residential and commercial districts.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 11, 12-15-08)

(a)

Table of permitted uses. The permitted and special uses allowed in the M-1 and M-2 zoning districts are listed in table 122-192.

(b)

Uses not listed in table of permitted uses. A land use which is not cited by name as a permitted use in an M-1 or M-2 zoning district may be permitted upon determination by the planning department staff that such use is clearly similar in nature and intensity and compatible with the permitted and existing uses in the district. In making such a determination, the planning department staff shall consider the following:

(1)

Similarity and compatibility. In making the determination of similarity and compatibility with permitted and existing uses in the district, planning department staff shall consider specific characteristics of the use in question and compare such characteristics with those of the uses which are expressly permitted in the district. Such characteristics shall include, but are not limited to, truck and vehicular traffic generation, types of services offered, types of goods produced, methods of operation, impacts from noise, air contaminants, odor, heat, fire hazards, and water contaminants, and building and site characteristics.

(2)

Conditions under which use may be permitted. If planning department staff determines that the proposed use is similar to and compatible with permitted and existing uses in the district, then planning department staff shall decide whether the proposed use is permitted by right, as a special use, or as a permitted accessory use. The proposed use shall be subject to the review and approval regulations for the district in which it is located.

Table 122-192. Table of District Uses

• = Use is permitted

X = Use is not permitted

SU = Special use

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 12, 12-15-08; Ord. No. 2010-1, § 2, 1-4-10; Ord. No. 2010-21, § 9, 12-20-10; Ord. No. 2012-8, § 8, 6-18-12; Ord. No. 2016-2, § 4, 3-21-16; Ord. No. 2019-11-B, § 5, 7-1-19; Ord. No. 2020-4, § 2, 4-8-20; Ord. No. 2023-20, § 3, 6-19-23)

(a)

Outdoor storage. All manufacturing, compounding, assembling, processing, packaging, or any other industrial or business activity shall be conducted within a completely enclosed building unless otherwise permitted by this subsection. Operation of pollution control equipment is an industrial activity that is subject to these enclosure regulations.

Outdoor storage may be permitted in conjunction with and accessory to any permitted use in the M-1 and M-2 districts. Outdoor storage may be used only to store materials to be used on a timely basis in the inside industrial operations or for storage of finished product prior to shipment.

(1)

Outdoor storage areas shall not be used for the storage of obsolete machinery or materials which are no longer used or intended to be used in the industrial operation.

(2)

Outdoor storage shall be located such that they comply with the front, side, and rear setback regulations for the zoning district in which it is located, and when a storage area abuts a public right-of-way (see article XIV, schedule of regulations). In addition, outdoor storage shall extend no closer to any road than the principal building on the site, and no closer than 500 feet to any park, residential or waterfront district.

(3)

Goods and materials shall be stored such that they do not exceed eight feet in height unless a greater height is approved by the planning commission during a site plan or special use approval process.

(4)

Outdoor storage shall be completely screened with a screen that is opaque through all seasons from the ground to a height of at least eight feet by a wall, fence, landscaped berm, landscape materials, or a combination thereof. Landscape materials shall be maintained in accordance with the regulations of article XVIII, landscaping and screening. The planning commission may waive or modify these regulations upon determining that:

a.

Outdoor storage will be adequately screened from view by existing or proposed buildings, vegetation, or other physical features.

b.

Screening would serve no useful purpose because of the characteristics of adjacent land use (for example, the presence of unscreened outdoor storage on adjacent industrially zoned land).

c.

The intended public benefit could be better achieved with a plan that varies from the exact screening regulations.

(5)

Outdoor storage that is screened with vegetation alone shall be completely enclosed within a security fence, such as a cyclone fence.

(6)

Gravel open storage areas shall not be visible from any lot line which abuts a residential, business, office or waterfront zoning district.

(7)

Outdoor storage areas shall be paved with asphalt, gravel or concrete and properly drained. The planning commission may waive the requirement for paving to allow direct infiltration of storm water and reduce regulations for storm water retention or detention and/or where the applicant submits sufficient evidence that a paved surface would not support heavy machinery used on the site or would not otherwise be appropriate for the intended use of the site. Pavement with asphalt or concrete shall be required if an industrial uses poses risks for ground or surface water contamination.

(8)

For the purposes of this subsection, storage or off-street parking areas for trucks, trailers, and other equipment used in the normal course of an approved, legally operated business shall not be considered outdoor storage, though shall be screened along that portion of the storage or off-street parking area which is adjacent to a residential, business, office or waterfront zoning district. Such screening shall be in accordance with the regulations of subsection 122-402(5). Trailers parked on a site shall not be used for the accessory storage of goods and materials or advertising purposes.

(9)

Surfacing. All roads, loading and unloading areas shall be paved or treated in a manner so as to confine any wind-borne dust within the boundaries of the site.

(b)

Accessory uses. Any M-1 or M-2 zoning district permitted or special use may incorporate into its building(s) or premises an employee cafeteria, child care facilities, company store, or similar uses serving the needs of employees.

(c)

Oil and gas processing plants.

(1)

There shall be no more than one oil and gas processing facility located within any single square mile of land.

(2)

Oil and gas processing plants shall be located a minimum of 1,320 feet from any residential use, hospital, nursing home, assisted living facility, and similar use.

(3)

Such facilities shall be landscaped and screened in accordance with the regulations of article XVIII and XIX.

(4)

Proof of permits and approvals required by applicable federal and state agencies having jurisdiction over the establishment and operation of such facilities shall be provided before site plan or special use approval.

(5)

Surfacing. All roads, loading and unloading areas shall be paved or treated in a manner so as to confine any wind-borne dust within the boundaries of the site.

(d)

Asphalt emulsion and distribution facilities.

(1)

There shall be no more than one such facility located within any single square mile of land.

(2)

Asphalt emulsion and distribution facilities shall be located a minimum of 1,320 feet from any residential use, hospitals, nursing homes, assisted living facilities, and similar uses.

(3)

Such facilities shall be landscaped and screened in accordance with the regulations of article XVIII and XIX.

(4)

Proof of permits and approvals required by applicable federal and state agencies having jurisdiction over the establishment and operation of such facilities shall be provided before site plan or special use approval.

(5)

Surfacing. All roads, loading and unloading areas shall be paved or treated in a manner so as to confine any wind-borne dust within the boundaries of the site.

(e)

Motor vehicle dismantlers, salvage yards.

(1)

Setbacks. A minimum setback of 100 feet shall be maintained between the front property line and the portion of the lot on which junk materials are placed or stored. All buildings, fencing, and junk materials shall be set back at least 150 feet from any public right-of-way, and at least 200 feet from any property which abuts any residentially zoning district. Greenbelts shall be required along such lot lines in accordance with the regulations of article XVIII.

(2)

Surfacing. All roads, loading and unloading areas shall be paved or treated in a manner so as to confine any wind-borne dust within the boundaries of the site.

(3)

Stacking. Junk, motor vehicles, or other materials shall not be stacked in a manner such that the material is visible outside the site. Junkyards shall not be located in areas where it would be impossible to screen them from view from adjacent properties or public roads.

(4)

Noise, dust, debris. All processing equipment and activities and all storage areas shall be treated, covered, muffled, or otherwise controlled to prevent excessive noise, dust, debris, or other impacts beyond the property line.

(Ord. No. 2005-11, 11-21-05)

See article XIV, schedule of regulations.

(Ord. No. 2005-11, 11-21-05)