A.   Intent. The purpose of this Article is to establish controls on the impacts generated by permitted uses so as to prevent an unreasonable negative impact that might interfere with another person's use of his or her property, or that may cause harm to the public health, safety, and welfare.

   B.   Scope of application. After the effective date of this ordinance, Feb. 11, 1993, no structure or tract of land shall hereafter be used or occupied, and no structure, or part thereof, shall be erected, altered, reconstructed, or moved, except in conformity with all applicable performance standards set forth in this Article. No site plan shall be approved unless evidence is presented to indicate conformity with the requirements of this Article.

   C.   Submission of additional data. Nothing in this Article shall preclude the applicant or other interested party from submitting additional data or evidence related to a specific case. In consideration of such data or evidence, the plan commission may waive or modify the regulations set forth in this Article, provided that the plan commission finds that no harm to the public health, safety and welfare will result and that the intent of this ordinance will be upheld.

(Ord. No. 93-553, § 8.01, 2-2-1993)

   No activity, operation or use of land, buildings, or equipment shall be permitted if such activity, operation, or use produces an environmental impact or irritant to sensory perception which exceeds the standards set forth in this section.

   A.   Noise. 

      1.   General requirements. No operation or activity shall be carried on which causes or creates measurable noise levels which exceed the maximum noise level limits prescribed in table A, following, as measured at the boundary line of the lot on which the operation or activity is located.

      2.   Method and units of measurement. The measuring equipment and measurement procedures shall conform to the latest American National Standards Institute (ANSI) specifications. The sound-measuring equipment shall be properly calibrated before and after the measurements.

   Since sound waves having the same decibel (dB) level "sound" louder or softer to the human ear depending upon the frequency of the sound wave in cycles per second (that is, depending on whether the pitch of the sound is high or low) an A-weighted filter constructed in accordance with ANSI specifications shall be used on any sound-level meter used to take measurements required in this section. An A-weighted filter automatically takes account of the varying effect on the human ear of different pitches. Accordingly, all measurements are expressed in dB(A) to reflect the use of the A-weighted filter.

      3.   Table of maximum noise levels. Noise levels shall not exceed the limits set forth in the following Table A:

 

   The time duration allowance set forth in the following chart shall apply to these noise level limits.

 

 

      4.   Compensation for street and background noise. Where street traffic noise directly adjacent to the boundary line exceeds the maximum permitted levels in Table A, the sound level permitted by the subject use may exceed the levels specified, provided the sound level does not exceed the noise level on the adjacent street(s).

   Where existing background noise exceeds the maximum permitted levels specified in Table A, the sound level permitted by the subject use may exceed the levels specified, provided that:

         (a)   The sound level at the property line does not exceed the background noise level, and

         (b)   The background noise is being produced by a permitted use operating in legally accepted manner. In order to make such a determination, the zoning administrator shall determine the source, level and duration of background noise.

      5.   Intermittent sounds. Intermittent sounds or sounds characterized by pure tones may be a source of complaints, even though the measured sound level may not exceed the permitted level in Table A. In such cases, the zoning administrator shall investigate the complaints to determine the nature of and justification for the complaint and possible corrective action. If the complaints are determined to be justified and are not resolved within sixty (60) days, the zoning administrator may proceed to enforce the terms of the zoning ordinance in accordance with the remedies provided herein.

      6.   Variance from sound level provisions. An application for a variance from the sound-level provisions may be submitted to the board of appeals. The owner or operator of equipment on the property shall submit a statement regarding the effects of noise from the equipment on the overall noise level in the area. The statement shall also include a study of background noise levels, predicted level of noise at the boundary line due to the proposed operation, and justification for the variance. Upon review of the request for variance, the board of appeals may grant a variance where strict adherence to the permitted sound level would create unnecessary hardship and only if the variance will not create a threat to the health, safety, and welfare of the public. The board of appeals may impose conditions of operation in granting a variance.

      7.   Permitted exemptions. Noise resulting from the following activities shall be exempt from the maximum permitted sound levels provided such activity occurs in a legally-accepted manner:

         (a)   Temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m.

         (b)   Performance of emergency work.

         (c)   Warning devices necessary for public safety, such as police, fire, and ambulance sirens and train horns.

         (d)   Noises associated with snow plowing, street sweeping, and similar public works activities.

         (e)   Church bells, chimes, and carillons.

         (f)   Lawn care and house maintenance that occurs between 9:00 a.m. and 9:00 p.m.

   B.   Vibration. 

      1.   Permitted vibration. Vibration is the oscillatory motion of a solid body. Machines or operations which cause vibration may be permitted in industrial districts, provided that:

         (a)   No operation shall generate any ground- or structure-borne vibrational motion that is perceptible to the human sense of touch beyond the property line of the site on which the operation is located, and

         (b)   No operation shall generate any ground-transmitted vibrations which exceed the limits specified in Section 3., following, as measured at the boundary line of the lot on which the operation or activity is located.

      2.   Method and units of measurement. The instrument used to measure vibrations shall be a three (3) component measuring system capable of simultaneous measurement of vibration in three (3) mutually perpendicular directions.

   Vibrations shall be measured 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:

 

 

   The maximum velocity shall be the vector sum of the three (3) components recorded.

      3.   Maximum ground-transmitted vibration. Ground-transmitted vibration shall not exceed a particle velocity of two-tenths (0.20) inches per second, as measured at the boundary line of the lot, unless the adjacent property is used for residential purposes, in which case the particle velocity shall not exceed two-hundredths (0.02) inches per second. These maximum permitted values may be doubled for impact vibrations, i.e., discrete vibration pulsations not exceeding one (1) second in duration and having a pause of at least one (1) second between pulses.

      4.   Permitted exemptions. Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the maximum permitted vibration levels in Section 3., provided that such activity occurs in a legally accepted manner.

   C.   Dust, smoke, soot, dirt, fly ash and products of wind erosion. Dust, smoke, soot, dirt, fly ash, and products of wind erosion shall be subject to the regulations established in conjunction with the Air Pollution Act, Michigan Public Act 348 of 1965, as amended, or other applicable state or federal regulations as administered by the Wayne County Air Pollution Division. No person, firm or corporation shall operate or maintain any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, unless such processes or devices use or are equipped with recognized and approved equipment, methods, or technology to reduce the quantity of gas-borne or airborne solids or fumes emitted into the open air.

   The drifting of air-borne matter beyond the lot line, including wind-blown dust, particles or debris from open stock piles, shall be prohibited. Emission of particulate matter from materials, products, or surfaces subject to wind erosion shall be controlled by paving, wetting, covering, landscaping, fencing, or other means.

   D.   Odor. Offensive, noxious, or foul odors shall not be allowed to escape into the atmosphere in concentrations which are offensive, which produce a public nuisance or hazard on adjoining property, or which could be detrimental to human, plant, or animal life.

   E.   Glare and heat. Any operation or activity which produces glare shall be conducted so that direct and indirect illumination from the source of light does not exceed one-half (½) of one (1) footcandle when measured at any point along the property line of the site on which the operation is located. Any operation which produces intense glare or heat shall be conducted within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot lines. If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time.

   F.   Fire and safety hazards. 

      1.   General requirements. The storage and handling of flammable or combustible liquids or gases, and explosives shall comply with all applicable federal, state, county and local regulations.

      2.   Storage tanks. All storage tanks for flammable or combustible liquids or gases above ground shall be located at least one hundred fifty (150) feet from all property lines, and shall be completely surrounded by embankments, dikes, or another type of approved retaining wall capable of containing the total capacity of all tanks so enclosed. These provisions shall not apply to approved tanks which hold propane or other fuel used for heating a dwelling or other building on the site.

   Below-ground bulk storage tanks which contain flammable or combustible liquids or gases shall be located no closer to the property line than the distance to the bottom of the buried tank, measured at the point of greatest depth. All underground tanks shall be registered with the Michigan Department of Natural Resources, in accordance with Michigan Public Act 165 of 1985, as amended.

      3.   Detonable materials. The storage, utilization, or manufacture of detonable materials shall be permitted subject to approval by the Fire Chief and the following restrictions:

 

 

   Detonable materials covered by these requirements include, but are not necessarily limited to the following:

         (a)   All primary explosives such as lead azide, lead styphnate, fulminates, and tetracaine.

         (b)   All high explosives such as TNT, RDX, HMX, PETN, and picric acid

         (c)   Propellants and components thereof such as dry nitrocellulose, black powder, boron hydrides, and hydrazine and its derivatives.

         (d)   Pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate.

         (e)   Blasting explosives such as dynamite and nitroglycerine.

         (f)   Unstable organic compounds such as acetylene, tetrazolium, and ozonide.

         (g)   Strong unstable oxidizing agents such as perchloric acid, perchlorates, and hydrogen peroxide in concentrations greater than thirty-five percent (35%).

         (h)   Nuclear fuels, fissionable materials and products, and reactor elements such as uranium 235 and plutonium 239.

      4.   Liquefied petroleum gas. The storage or utilization of liquefied petroleum gas shall be permitted subject to approval by the Fire Chief and the following restrictions:

 

 

   G.   Sewage wastes and water pollution. Sewage disposal (including septic systems) and water pollution shall be subject to the standards and regulations established by federal, state, county and local regulatory agencies, including the Michigan Department of Health, the Michigan Department of Natural Resources, the Wayne County Health Department, and the U.S. Environmental Protection Agency.

   H.   Gases. The escape of or emission of any gas which is injurious or destructive to life or property, or which is explosive, is prohibited. Gaseous emissions shall be subject to regulations established in conjunction with the Air Pollution Act, Michigan Public Act 348 of 1965, as amended, the Federal Clean Air Act of 1963, as amended, and any other applicable state or federal regulations. Accordingly, gaseous emissions measured at the property line at ground level shall not exceed the levels indicated in the following chart, which is based on the National Ambient Air Quality Standards, unless a higher standard is imposed by a federal, state, county or local regulatory agency which has jurisdiction:

 

   I.   Electromagnetic radiation and radio transmission. Electronic equipment required in an industrial, commercial, or other operation shall be designed and used in accordance with applicable rules and regulations established by the Federal Communications Commission (FCC). The operation of such equipment shall not interfere with the use of radio, television, or other electronic equipment on surrounding or nearby property.

   J.   Radioactive materials. Radioactive materials, wastes and emissions, including electromagnetic radiation such as from an X-ray machine, shall not exceed levels established by federal agencies which have jurisdiction. No operation shall be permitted that causes any individual outside of the lot lines to be exposed to any radiation exceeding the lowest concentration permitted for the general population by federal and state laws and regulations currently in effect.

(Ord. No. 93-553, § 8.02, 2-2-1993; Ord. No. 93-572, 9-21-1993)

   In the event that the City receives complaints or otherwise acquires evidence of possible violation of any of the performance standards set forth in this Article, the following procedures shall be used to investigate, and if necessary, resolve the violation:

   A.   Official investigation. Upon receipt of evidence of possible violation, the zoning administrator shall make a determination whether there is reasonable cause to suspect the operation is indeed in violation of the performance standards. The zoning administrator may initiate an official investigation in order to make such a determination.

   Upon initiation of an official investigation, the Building Official is empowered to require the owner or operator of the facility in question to submit data and evidence deemed necessary to make an objective determination regarding the possible violation. Failure of the owner or operator to supply requested data shall constitute grounds for taking legal action to terminate the use and/or deny or cancel any permits required for continued use of the land. Data which may be required includes, but is not limited to the following:

      1.   Plans of the existing or proposed facilities, including buildings and equipment.

      2.   A description of the existing or proposed machinery, processes, and products.

      3.   Specifications for the mechanisms and techniques used or proposed to be used to control emissions regulated under the provisions of this Article.

      4.   Measurement of the amount or rate of emissions of the material purported to be in violation.

   B.   Method and cost of determination. The zoning administrator shall take measurements and complete investigation necessary to make an objective determination concerning the purported violation. Where required measurements and investigation can be accurately made by the zoning administrator using equipment and personnel normally available to the City without extraordinary expense, such measurements and investigation shall be completed before notice of violation is issued. If necessary, skilled personnel and specialized equipment or instruments shall be secured in order to make the required determination.

   If the alleged violation is found to exist in fact, the costs of making such determination shall be charged against those responsible, in addition to such other penalties as may be appropriate. If it is determined that no substantive violation exists, then the costs of this determination shall be paid by the City.

   C.   Appropriate remedies. If, after appropriate investigation, the zoning administrator determines that a violation does exist, the zoning administrator shall take or cause to be taken lawful action as provided by this ordinance to eliminate such violation. The owners or operators of the facility deemed responsible shall be given written notice of the violation. The zoning administrator shall take appropriate action in accordance with the owner or operator's response to the notice of violation. Appropriate action includes the following:

      1.   Correction of violation within time limit. If the alleged violation is corrected within the specified time limit, even if there is no reply to the notice, the zoning administrator shall note "violation corrected" on the City's copy of the notice, and the notice shall be retained on file. If necessary, the zoning administrator may take other action as may be warranted by the circumstances of the case, pursuant to the regulations in this and other ordinances.

      2.   Violation not corrected and no reply from owner or operator. If there is no reply from the owner or operator within the specified time limits [thus establishing admission of violation, as provided Section 8.03A.], and the alleged violation is not corrected in accordance with the regulations set forth in this Article, then the zoning administrator shall take such action as may be warranted to correct the violation.

      3.   Reply requesting extension of time. If a reply is received within the specified time limit indicating that an alleged violation will be corrected in accordance with the regulations set forth in the zoning ordinance, but that more time is required than was granted by the original notice, the zoning administrator may grant an extension if:

         (a)   The zoning administrator deems that such extension is warranted because of the circumstances in the case, and

         (b)   The zoning administrator determines that such extension will not cause imminent peril to life, health, or property.

      4.   Reply requesting technical determination. If a reply is received within the specified time limit requesting further review and technical analysis even though the alleged violations continue, then the zoning administrator may call in properly qualified experts to complete such analysis and confirm or refute the initial determination of violation.

   If expert findings indicate that violations of the performance standards do exist in fact, the costs incurred in making such a determination shall be paid by the persons responsible for the violations, in addition to such other penalties as may be appropriate under the terms of this ordinance. Such costs shall be billed to those owners or operators of the subject use who are deemed responsible for the violation. If the bill is not paid within thirty (30) days, the City shall take whatever appropriate action is necessary to recover such costs, or alternately, the cost shall be charged against the property where the violation occurred. If no substantial violation is found, cost of determination shall be paid by the City.

   D.   Continued violation. With respect to alleged violations occurring subsequent to enactment of this ordinance, if, after the conclusion of the time period granted for compliance, the zoning administrator finds that the violation still exists, any permits previously issued shall be void and the City shall initiate appropriate legal action, including possibly pursuit of judicial remedies in court.

   E.   Appeals. Action taken by the director of building and safety pursuant to the procedures outlined in this section may be appealed to the board of appeals within thirty (30) days following said action. In the absence of such appeal, the administrative decision shall be final.

(Ord. No. 93-553, § 8.03, 2-2-1993)