No covered use as defined in this article shall be permitted within any use district which does not conform to the standards of use, occupancy and operation in this article, which standards are hereby established as the minimum requirements maintained within such district.

(Comp. Ords. 1988, § 36.100)

Except as otherwise provided in this article, the following uses and categories of use are hereby defined as covered uses and shall in all respects conform to the standards prescribed in this article:

(1)

Manufacturing of goods, merchandise or equipment.

(2)

Processing of goods, merchandise or equipment, including the compression of natural gas.

(3)

Creating of goods, merchandise or equipment.

(4)

Cleaning of goods, merchandise or equipment.

(5)

Repairing of goods, merchandise or equipment.

(6)

Renovating of goods, merchandise or equipment.

(7)

Painting, plating, anodizing, or finishing of goods, merchandise or equipment.

(8)

Assembling of goods, merchandise or equipment.

(9)

Mining or extraction of minerals, oil, natural gas, sand, gravel, rock, stone, or other earth products.

(Comp. Ords. 1988, § 36.200)

(a)

Lawfully existing nonconforming uses. Existing machinery and equipment, the operation of which does not meet the performance standards set forth in this article, may continue to be used until the end of its normal useful life, except as otherwise provided in this article. Ordinary repair and maintenance work may be performed on such machinery and equipment. However, any piece of machinery or equipment which is renovated, rebuilt, refurbished, or upgraded during any continuous period of 12 months to an extent exceeding 50 percent of its current market value shall thereafter operate in conformance with the performance standards set forth in this article. All new or replacement machinery and equipment shall operate in conformance with the performance standards set forth in this article.

(b)

New uses. All uses that commence after the enactment of the ordinance from which this article is derived shall comply with the minimum performance standards set forth in division 2 of this article.

(Comp. Ords. 1988, § 36.401)

(a)

The operation or use of any facility or equipment, except as provided in section 30-593(a), which results in a violation of the minimum performance standards set forth in division 2 of this article shall be and is hereby declared to be, a violation of this article and a nuisance per se, and such violation may be prosecuted in accordance with the procedures set forth in this article or abated by any proper legal means upon application of the township or any affected private person. No legal action shall be taken by the township to penalize the offender or to abate the nuisance unless the owner or operator of the offending facility shall fail to correct the faulty condition and conform to the stated performance standards within 15 days after the service of notice of violation by the building official.

(b)

For the purpose of determining if a violation of the performance standards exists, the building official may enlist the professional assistance of a qualified person to perform whatever measures are needed to determine a violation.

(Comp. Ords. 1988, § 36.402)

The building official shall send a notice via registered mail to any person when a covered use, except those exempted pursuant to section 30-593, is known by the building official to be in violation of this article. Such notice will indicate that the person must conform to the provisions of this article within 90 days. However, failure by the township to provide such notice shall not in any way prevent the township from enforcing the provisions of this article.

(Comp. Ords. 1988, § 36.403)

The township building official or his authorized agent shall be the enforcing agent for the violation of any of the provisions of this article.

(Comp. Ords. 1988, § 36.404)

Nothing in this article should be interpreted or construed to give rise to any permanent vested rights on the continuation or any particular use or any permissible activities under this article, and the provisions of this article are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

(Comp. Ords. 1988, § 36.410)

It shall be unlawful to conduct any covered use as defined in this article in the township which does not meet or exceed the minimum performance standards as listed in this division.

(Comp. Ords. 1988, § 36.300)

(a)

For the purpose of determining the density or equivalent opacity of smoke, the Ringelmann chart, as adopted and published by the United States Department of the Interior, Bureau of Mines Information Circular 8333, May 1967, shall be used. The Ringelmann number referred to in this section refers to the number of the area of the Ringelmann chart that coincides most nearly with the visual density or equivalent opacity of the emission of smoke observed. For example, a reading of Ringelmann no. 1 indicates a 20 percent density of the smoke observed.

(b)

All measurements shall be taken at the point of emission of the smoke.

(c)

In the B-1 and B-2 districts, no covered use may emit from a vent, stack, chimney, or combustion process any smoke that is visible to the naked eye.

(d)

In the I-1 district, no covered use may emit from a vent, stack, chimney, or combustion process any smoke that exceeds a density or equivalent opacity of Ringelmann no. 1, except that an emission that does not exceed a density or equivalent opacity of Ringelmann no. 2 is permissible for a duration of not more than four minutes during any eight-hour period if the source of such emission is not located within 250 feet of a residential district.

(e)

In the I-2 district, no covered use may emit from a vent, stack, chimney, or combustion process any smoke that exceeds a density or equivalent opacity of Ringelmann no. 2, except that an emission that does not exceed a density or equivalent opacity of Ringelmann no. 3 is permissible for a duration of not more than four minutes during any eight-hour period if the source of such emission is not located within 500 feet of a residential district.

(f)

In addition to the other standards in this section, it shall also be unlawful for any person to permit the emission of any smoke from any source whatsoever to a density greater than that permitted by federal clean air standards and those standards promulgated by the state department of environmental quality according to part 55 of Public Act No. 451 of 1994 (MCL 324.5501 et seq.).

(Comp. Ords. 1988, § 36.301)

(a)

No person shall operate or cause to be operated, or maintain or cause to be maintained, any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, without maintaining and operating, while using such process or furnace or combustion device, recognized and approved equipment, means, methods, devices or contrivances to reduce the quantity of gasborne or airborne solids or fumes emitted into the open air, which are operated in conjunction with such process, furnace or combustion device so that the quantity of gasborne or airborne solids shall not exceed 0.20 grains per cubic foot of the carrying medium at the temperature of 500 degrees Fahrenheit.

(b)

For the purpose of determining the adequacy of such devices, these conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50 percent at full load. The requirements of this section shall be measured by the ASME 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 building inspector 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.

(Comp. Ords. 1988, § 36.302)

The emission by a covered use in any zoning district of noxious odors or odorous matter in such quantities as to be 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, or as to produce a public nuisance or hazard beyond lot lines, is prohibited.

(Comp. Ords. 1988, § 36.303)

A covered use located in any zoning district shall comply with the following requirements:

(1)

Sulfur dioxide gas (SO ₂ ), as measured at the property line, shall not exceed an average of 0.3 ppm over a 24-hour period; provided, however, that a maximum concentration of 0.5 ppm will be allowed for a one-hour period out of a 24-hour period.

(2)

H ₂ S gas shall not exceed 1 ppm.

(3)

Fluorine shall not exceed 0.1 ppm.

(4)

Nitrous fumes shall not exceed 5 ppm.

(5)

Carbon monoxide (CO) shall not exceed 15 ppm.

(Comp. Ords. 1988, § 36.304)

(a)

In addition to the provisions of sections 30-622 through 30-624, a covered use located in any zoning district shall not discharge such quantities of air contaminants or other materials which cause injury, detriment or nuisance to the public or which endanger the comfort, repose, health or safety of persons or which cause injury or damage to business or property.

(b)

All such discharges shall comply with state and federal statutes and county and township ordinances, and with all rules and regulations promulgated pursuant thereto.

(Comp. Ords. 1988, § 36.305)

The storage and handling of flammable liquids, liquified petroleum gases and explosives shall comply with the state rules and regulations as established by Public Act No. 207 of 1941 (MCL 29.1 et seq.).

(Comp. Ords. 1988, § 36.306)

(a)

In the B-1 and B-2 districts, no covered use may generate noise that tends to have an annoying or disruptive effect upon:

(1)

Uses located outside of the immediate space occupied by the covered use if that use is one of several on a lot; or

(2)

Uses located on adjacent lots.

(b)

Except as provided in subsection (f) of this section, the table set forth in subsection (e) of this section establishes the maximum permissible noise levels for covered uses in the I-1 and I-2 districts. Measurements shall be taken at the boundary line of the lot where the covered use is located, and, as indicated, the maximum permissible noise levels vary according to the zoning of the lot adjacent to the lot on which the covered use is located.

(c)

A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level sound louder or softer to the human ear depending on the frequency of the sound wave in cycles per second (i.e., whether the pitch of the sound is high or low), an A-weighted filter constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this section. Accordingly, all measurements are expressed in dB(A) to reflect the use of this A-weighted filter.

(d)

The standards established in the table set forth in subsection (e) of this section are expressed in terms of the equivalent sound level (Leq), which must be calculated by taking 100 instantaneous A-weighted sound levels at ten-second intervals (see attachment 1 to Ordinance No. 125) and computing the Leq in accordance with the table set forth in attachment 2 to Ordinance No. 125.

Editor's note— The attachments referred to in the above subsection are not included herein, but are available for public inspection at the offices of the township.

(e)

Maximum permitted sound levels are as follows:

TABLE OF MAXIMUM PERMITTED SOUND LEVELS (db(A))
(Re: 0.0002 Microbar)

(f)

Impact noises are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than one minute in any one-hour period are permissible up to a level of ten dB(A) in excess of the figures listed in subsection (e) of this section, except that this higher level of permissible noise shall not apply from 7:00 p.m. to 7:00 a.m. when the adjacent lot is zoned for residential use. The impact noise shall be measured using the fast response of the sound level meter.

(g)

Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section.

(Comp. Ords. 1988, § 36.307; Ord. No. 146, 1-21-2008)

(a)

In the B-1 and B-2 districts, no covered use may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at:

(1)

The outside boundary of the immediate space occupied by the use generating the vibration if the enterprise is one of several on a lot; or

(2)

The lot line if the use generating the vibration is the only use on a lot.

(b)

In the I-1 and I-2 districts, no covered use may generate any ground-transmitted vibration in excess of the limits set forth in subsection (e) of this section. Vibration shall be measured at any adjacent lot line or residential zoning district boundary as indicated in the table set forth in subsection (d) of this section.

(c)

The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

(d)

The vibration maximums set forth in subsection (e) of this section 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 formula shall be used:

PV = 6.28 F × D

Where:

The maximum velocity shall be the vector sum of the three components recorded.

(e)

Maximum ground-transmitted vibration shall be as follows:

TABLE OF MAXIMUM GROUND-TRANSMITTED VIBRATION

(f)

The values stated in subsection (e) of this section may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.

(g)

Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section.

(Comp. Ords. 1988, § 36.308; Ord. No. 146, 1-21-2008)

No covered use may:

(1)

Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance.

(2)

Otherwise cause, create, or contribute to interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

(3)

Create an electrical field strength which exceeds 0.8 kv per meter measured at:

a.

The outside boundary of the immediate space occupied by the use generating the vibration if the enterprise is one of several on a lot; or

b.

The lot line if the use generating the vibration is the only use on a lot.

(Comp. Ords. 1988, § 36.309)

No covered use in any district may discharge any liquid waste contrary to the provisions of federal or state statute, county or township ordinance, or any rule or regulation promulgated pursuant to such statute or ordinance.

(Comp. Ords. 1988, § 36.310)

(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 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.

(b)

Glare from automobile headlights or commercial or industrial vehicle headlights shall not be directed into any adjacent property so as to become a nuisance.

(c)

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.

(d)

For all covered uses, exterior lighting accessory thereto shall be installed so that the source of light shall not be visible from any residential dwelling and shall be so arranged as far a practical to reflect light away from the residential use. In no case shall more than one candlepower of light cross a line five feet above the ground into a district zoned for residential use.

(Comp. Ords. 1988, § 36.311)

(a)

In connection with any covered use, no garbage, sewage, filth, refuse, waste, trash, debris or rubbish, including cans, bottles, waste paper, cartons, boxes, crates, pallets, or other offensive or obnoxious matter, shall be kept in open containers, or piled, placed, stored or dumped on any land within the township in such a manner as to constitute a nuisance or create a hazard to health, safety, morals and general welfare of the citizens of the township.

(b)

No waste shall be discharged into private on-site disposal or treatment systems or any public or private storm drainage facilities which is dangerous to the public health and safety.

(Comp. Ords. 1988, § 36.312)

In connection with a covered use, there shall be no outdoor storage of any industrial or commercial equipment, vehicles and or/other materials, including wastes, unless otherwise provided by township ordinance. Any storage shall be screened from public view from a public street and from adjoining properties by an enclosure consisting of a wall not less than the height of the equipment, vehicles and all materials to be stored, except in the B-2, I-1, and I-2 districts, unless specifically provided for by township ordinance. Whenever such open storage is adjacent to a district zoned for residential use, in either a front, side, or rear lot line relationship, whether immediately abutting or across a right-of-way from such zone, there shall be provided an obscuring masonry wall of a least six feet in height. The planning commission may, upon application, permit a landscaped greenbelt with or without a fence or a landscaped earth berm in lieu of a masonry wall, provided the alternate method of screening is designed in conformance with standards provided in this chapter.

(Comp. Ords. 1988, § 36.313)