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Davison City Zoning Code

CHAPTER 1283

I Industrial Districts

1283.01 INTENT AND PURPOSE.

   The Industrial District is intended for manufacturing, assembling, and fabrication activities including large scale or specialized industrial operations, whose external physical effects may be felt to some degree by surrounding districts.
(Ord. 2010-05. Passed 3-8-10.)

1283.02 PERMITTED USES.

   The following are the principal uses permitted by right within an Industrial District. All uses shall comply with all applicable Federal, State, County, and local regulations.
   (a)   Any use listed as a permitted use in the Technology District.
   (b)   Production, manufacturing, processing, assembling, packaging or treatment of goods, which must be conducted wholly within an enclosed structure (except for on-site delivery vehicles).
   (c)   Blacksmith shop or machine shop, an automatic screw machine or a wrought iron shop (excluding punch presses of over 20 tons rated capacity, drop hammers and drop forges) conducted wholly within an enclosed structure (except for on-site delivery vehicles).
   (d)   Laundry, cleaning, and carpet or rug cleaning, when conducted wholly within an enclosed structure (except for on-site delivery vehicles).
   (e)   Laboratories, experimental, or testing conducted wholly within an enclosed structure (except for on-site delivery vehicles).
   (f)   Warehousing and distribution centers, including ice and cold storage facilities, when conducted wholly within an enclosed structure (except for on-site delivery vehicles).
   (g)   Plumbing shop, when conducted wholly within an enclosed structure (except for on-site delivery vehicles).
   (h)   Newspaper publishing, conducted wholly within an enclosed structure (except for on-site delivery vehicles).
   (i)   Print shops, conducted wholly within an enclosed structure (except for on-site delivery vehicles).
   (j)   Painting/enameling shops, conducted wholly within an enclosed structure (except for on-site delivery vehicles).
   (k)   Airport or heliport.
   (l)   Public utility service yard or electrical receiving transformer station.
   (m)   Retail lumberyard, including incidental millwork.
   (n)   Freight or truck terminals.
   (o)   Freight yards.
   (p)   Trailer sales and rental.
   (q)   Industrial park, subject to the following conditions:
      (1)   Permitted uses shall include all uses permitted by right within this district. Conditional uses may be permitted, subject to the conditional use provisions of Chapter 1262.
      (2)   The minimum required land area for an industrial park shall be five contiguous acres.
      (3)   The development of an industrial park shall be in accordance with an overall plan for development of the park, which plan shall be approved by the Planning Commission.
      (4)   The developer shall provide, within the industrial park, a sanitary sewerage system which shall be of sufficient size and design to collect all sewage from structures within the industrial park, which system shall connect with the City’s system. The park’s sanitary sewerage system shall be designed, constructed and maintained in conformity with the statutes, ordinances and regulations of the State, the County Health Department, the County Drain Commissioner’s Office, and the City.
      (5)   The developer shall provide, within the industrial park, a storm drainage system which shall be of sufficient size and design as will, in the opinion of the City Engineer, collect, carry off and dispose of all predictable surface water run-off within the industrial park and all tributary areas, and shall be so constructed as to conform with the statutes, ordinances and regulations of the State, the County Drain Commissioner’s Office, and the City.
      (6)   All industrial park sites and structures shall be connected to the water system of the City. The industrial park’s water system shall conform to Chapters 1040 et seq. of these Codified Ordinances. The developer shall also provide a fire hydrant within 300 feet of each structure.
      (7)   All industrial parks shall have direct access to a primary street as determined by the Planning Commission.
      (8)   Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the industrial park without undue congestion or interference with normal traffic flow. All points of vehicular access to and from public streets shall be located not less than 200 feet from the intersection of any public street lines with each other.
      (9)   No parking access and/or service area shall be located closer than 25 feet from any residential property line.
      (10)   Parking, loading or service areas used by motor vehicles shall be located entirely within the boundary lines of the industrial park.
      (11)   There shall be a greenbelt planting strip with a width of not less than 50 feet along all side and rear property lines of any industrial park which adjoins a platted residential subdivision, garden apartment or townhouse development. A landscaped planting area shall also be provided along all street frontage which shall be at least 20 feet in depth. This greenbelt may be within the minimum front, side and rear yard setbacks required. The landscaped planting area may be within the minimum front yard setback. The side and rear yard greenbelt shall contain at least one straight or staggered row of deciduous and/or evergreen trees, spaced not more than 40 feet apart and at least three rows of deciduous or evergreen shrubs spaced not more than eight feet apart, which shrubs grow to an ultimate height of approximately 12 feet. Varieties and species to be planted shall be approved in advance by the Planning Commission.
      (12)   Lighting facilities shall be required where deemed necessary for the safety and convenience of employees and visitors. These facilities shall be arranged in such a manner as to protect abutting streets and adjacent properties from unreasonable glare or hazardous interference of any kind.
      (13)   Maximum building coverage on any lot within the industrial park shall not exceed 25%.
      (14)   Minimum lot sizes within an industrial park shall be 20,000 square feet.
   (r)   Wireless communication facilities with monopole support structures less than 150 feet in height, including options for collocation and attachment to existing structures, subject to Section 1287.02(i).
(Res. 24-95. Passed 2-13-95; Ord. 2010-05. Passed 3-8-10; Ord. 2010-12. Passed 9-27-12.)

1283.03 CONDITIONAL USES.

   Structures and parts thereof may be erected, altered or used, and land may be used, for one or more of the following purposes, subject to the approval of the Planning Commission, subject to the conditional use provisions of Chapter 1262 and the design review provisions of Chapter 1263:
   (a)   Outdoor amusement parks, including, but not limited to, games of skill and science, merry-go-rounds, Ferris wheels, and penny arcades.
   (b)   Restaurants and drive-in restaurants.
   (c)   Coal yards.
   (d)   Fire stations.
   (e)   Vehicle assembly, painting, upholstering, rebuilding, conditioning and repairing; body and fender work; tire capping or retreading; and battery manufacture.
   (f)   Manufacturing, processing, storage, packaging, and/or treatment of raw materials or previously processed materials.
   (g)   Automobile wrecking and junk yards, if carried on wholly within a structure and subject to the following conditions:
      (1)   All junk yards shall be provided with a buffer of at least 50 feet, which buffer shall be provided adjacent to all abutting lands and rights-of-way. Such buffer shall be planted with evergreens and other suitable plants, shall be used for no other purpose and shall be neatly maintained at all times.
      (2)   All junk yards shall be enclosed on all sides by a tight, unpierced fence or wall with a height of not less than ten feet. Stored objects shall not exceed eight feet in height.
      (3)   No storage or processing or junk shall be viewable by virtue of terrain from residences within one-quarter of a mile from any property line.
   (h)   Water towers and municipal water wells.
   (i)   Wireless communication facilities with monopole support structures 150 feet in height and higher, subject to Section 1287.03(i).
(Res. 24-95. Passed 2-13-95; Ord. 2010-05. Passed 3-8-10; Ord. 2010-12. Passed 9-27-10.)

1283.04 SITE PLAN AND DESIGN REVIEW.

   All proposed structures or uses of land or structures shall be subject to the site plan review procedures of Chapter 1262 and the design review provisions of Chapter 1263.
(Res. 24-95. Passed 2-13-95; Ord. 2010-05. Passed 3-8-10.)

1283.05 PARKING.

   Off-street parking areas shall be provided as required in Chapter 1290.
(Res. 24-95. Passed 2-13-95; Ord. 2010-05. Passed 3-8-10.)

1283.06 LOADING AND UNLOADING.

   Loading and unloading areas, as required in Chapter 1290, shall be provided.
(Res. 24-95. Passed 2-13-95; Ord. 2010-05. Passed 3-8-10.)

1283.07 LOT AREA.

   The minimum lot area for any use in the Industrial District shall be 20,000 square feet.
(Res. 24-95. Passed 2-13-95; Ord. 2010-05. Passed 3-8-10.)

1283.08 FRONT YARDS.

   (a)   The front yard setback shall equal the mean number of feet of other buildings located in the same block on the same side of the street or at least 75 feet, whichever is less.
   (b)   Off-street parking shall be permitted to occupy a portion of the required front yard, provided that there shall be maintained an unobstructed landscaped greenbelt planting area between the nearest point of the off-street parking area and the front lot line. The width of the landscaped greenbelt planting area shall be at least 15 feet. The Planning Commission may modify this requirement and instead allow a reduction in width, based on evidence presented by the property owners and/or their agents, showing that the reasonable ability to comply with the requirement does not exist by reason of limited site area or natural feature characteristics.
(Ord. 97-6. Passed 8-25-97; Ord. 2010-05. Passed 3-8-10.)

1283.09 SIDE YARDS.

   (a)   A minimum side yard setback of 25 feet shall be required, provided that side yards adjacent to any Residential District or roads shall not be less than 75 feet. If a side yard abuts a railroad right-of-way, the required width of such side yard may be modified by the Planning Commission.
   (b)   Off-street parking shall be permitted to occupy a portion of the required side yard, provided that there shall be maintained an unobstructed landscaped greenbelt planting area between the nearest point of the off-street parking area and the side lot line. The width of the landscaped greenbelt planting area shall be at least 15 feet. The Planning Commission may modify this requirement and instead allow a reduction in width, based on evidence presented by the property owners and/or their agents, showing that the reasonable ability to comply with the requirement does not exist by reason of limited site area or natural feature characteristics. The Planning Commission may require evergreen screening or a screen wall in its place.
(Ord. 97-6. Passed 8-25-97; Ord. 2010-05. Passed 3-8-10.)

1283.10 REAR YARDS.

   (a)   A minimum rear yard setback of 25 feet shall be required, provided that rear yards adjacent to any Residential District or roads shall not be less than 75 feet. If a rear yard abuts a railroad right-of-way, the required width of such rear yard may be modified by the Planning Commission.
   (b)   Off-street parking shall be permitted to occupy a portion of the required rear yard, provided that there shall be maintained an unobstructed landscaped greenbelt planting area between the nearest point of the off-street parking area and the rear lot line. The width of the landscaped greenbelt planting area shall be at 15 feet. The Planning
Commission may modify this requirement and instead allow a reduction in width, based on evidence presented by the property owners and/or their agents, showing that the reasonable ability to comply with the requirement does not exist by reason of limited site area or natural feature characteristics. The Planning Commission may require evergreen screening or a screen wall in its place.
(Ord. 97-6. Passed 8-25-97; Ord. 2010-05. Passed 3-8-10.)

1283.11 HEIGHT OF BUILDINGS.

   The height of any structure shall be related to the location of the structure so as to equal the distance to any adjacent property line. However, the height limitations shall be related to the fire-fighting capabilities of the City.
(Res. 24-95. Passed 2-13-95; Ord. 2010-05. Passed 3-8-10.)

1283.12 MAXIMUM LOT COVERAGE.

   The maximum percentage of lot building coverage in an I Industrial District shall be determined by the use and provisions of required off-street parking, loading and unloading and required yard areas.
(Ord. 99-1. Passed 3-22-99; Ord. 2010-05. Passed 3-8-10.)

1283.13 PERFORMANCE STANDARDS.

   The intent and purpose of the following performance standards is to allow for industrial operations with high standards for site development and use performance. These performance standards shall apply to all uses allowed within the Industrial District. Applicants may be required by the Planning Commission to submit studies, reports and additional information relative to how a proposed use will meet the performance standards described in this section. This includes, but is not limited to: noise studies, odor maps, engineering analysis of proposed vibrations, emission maps, schematics and renderings of the proposed buffers and buildings when viewed from the adjoining property.
   (a)   Control of Smoke, Dust, Fly Ash, and Gases. The emission of smoke, dust, fly ash and gases shall in no manner be unclean, destructive, unhealthful, hazardous or deleterious to the general welfare. Such emission shall be in strict conformance with all new source standards of performance promulgated under the Federal Clean Air Act for sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, dioxin, dibenzofurans, particulate matter, opacity and other post-combustion concentrations of surrogate substances, as well as all applicable State and County health laws as pertaining to air pollution and smoke abatement.
   (b)   Control of Odors. There shall be no emission of odorous matter in such quantities as to be offensive at lot boundary lines.
      (1)   Any process which may involve the creation or emission of any odor shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system fails.
      (2)   There is hereby established, as a guide in determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5, “Air Pollution Abatement Manual,” copyright 1951 by Manufacturing Chemists’ Association, Inc., Washington, D.C.
   (c)   Control of Glare or Heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such a manner as to be completely imperceptible from any point beyond the lot lines of the lot upon which the source of such glare or heat is located.
   (d)   Control of Vibrations. No vibration which is discernible to the human sense of feeling shall be perceptible at any point beyond the lot line of the lot upon which the source of such vibration is located.
   (e)   Control of Excessive Noise. Noise emanating from operations within the Industrial District shall conform to the noise standards described in Section 1288.27 of this zoning ordinance.
   (f)   Control of Radioactivity or Electrical Disturbances. No radioactive materials shall be emitted in excess of standards established by the U.S. Bureau of Standards for human safety. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property of the creator of such disturbance.
   (g)   Outdoor Storage and Waste Disposal.
      (1)   No flammable or explosive liquid, solid or gas shall be stored in bulk above ground. However, tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision. The storage and handling of any flammable materials used on site shall comply with all State rules and regulations, and regulations as established by the Fire Prevention Act, Act 207, P.A. of 1941, as amended. If located above ground, storage tanks shall provide secondary containment. If located below ground, storage tanks shall provide corrosion protection and spill/overfill prevention systems. Furthermore, all storage tanks for flammable liquid materials above ground shall be located at least 150 feet from all property lines. No outdoor storage shall be visible from abutting lots that are zoned for residential purpose or zoned “Technology.”
      (2)   All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence adequate to conceal the facilities from any adjacent properties and to prevent spillage onto all adjacent properties and into storm sewers.
      (3)   No material or waste shall be deposited upon a lot in such a form or manner that the same may be transferred off the lot by natural forces or causes.
      (4)   All material or waste which might cause fumes or dust or which constitutes a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
   (h)   Control of Water Pollution. Pollution of water shall be subject to such requirements and regulations as are established by the Michigan State Department of Health, the Michigan Water Resources Commission, the Genesee County Health Department, and the U.S. Environmental Protection Agency. Such requirements and regulations shall apply in all cases except when they are less stringent than the following standards, in which case the following standards shall apply:
      (1)   No untreated or polluted wastes shall be discharged in the public sewer, storm sewer, or sanitary sewer system which are dangerous to the public health and safety.
      (2)   Acidity or alkalinity shall be neutralized to a pH of 7.0 as a daily average on a volumetric basis, with a maximum temporary variation of pH 5.0 to 10.0.
      (3)   Wastes shall contain no cyanides and no halogens (chlorine, iodine, bromine, and flourine) and shall contain not more than ten ppm of the following gases: hydrogen sulfite, sulfur dioxide, and nitrous oxide.
      (4)   Wastes shall not contain any insoluble substance in excess of 10,000 ppm or exceeding a daily average of 500 ppm or fail to pass a No. 8 Standard sieve, or have-a dimension greater than one-half inch.
      (5)   Wastes shall not have chlorine demand greater than 15 ppm.
      (6)   Wastes shall not contain phenols in excess of 0.005 ppm.
      (7)   Wastes shall not contain any grease or oil or any oil substance in excess of 100 ppm or exceed a daily average of 25 ppm.
   (i)   Floor Drains. General purpose floor drains in work and storage areas of operations within the Industrial District are prohibited except in facilities which do not store or use flammable or combustible materials and under one of the following conditions:
      (1)   Holding Tank. The drain(s) are connected to a holding tank or sump which is pump out and hauled away for proper disposal.
      (2)   Permit from City. A permit is obtained from the City to permit the drain(s) to be connected to the sanitary sewer system.
      (3)   Permit from State. A State ground water discharge permit is obtained.
   (j)   Fire Department Requirements. The owner and/or operator of each facility in the Industrial District shall comply with City Fire Department information requests to ensure compliance with the Michigan Occupational Safety and Health Act (PA 154 of 1974) and the Michigan Fire Prevention Code (PA 207 of 1941).
(Res. 24-95. Passed 2-113-95; Ord. 2010-05. Passed 3-8-10.)