A.

Intent. The purposes of this article is to establish controls and limitations on the impacts generated by permitted uses. The intent of these controls and limitations is to prevent an unreasonable negative impact that might interfere with another person's use of his or her property, or that might cause harm to the public health, safety, and welfare.

B.

Scope of application. After the effective date of this ordinance, 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 planning commission may waive or modify the regulations set forth in this article, provided that the planning 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. 128-B, § I, 9-20-10)

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 that causes or creates measurable noise levels which have an annoying or disruptive effect on surrounding properties, or that 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) a Z-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:

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 in the tables, 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 in the table, provided that:

•

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

•

The background noise is being produced by a permitted use operating in legally accepted manner. In order to make such a determination, the building official shall conduct a study to 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 building official 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 60 days, the building official may proceed to enforce the terms of the zoning ordinance in accordance with the remedies provided therein.

6.

Variance from sound level provisions. An application for a variance from the sound level provisions may be submitted to the zoning board of appeals. The owner or operator of equipment on the property shall submit a statement regarding the effects of noise from his 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 zoning 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 pubic. The zoning 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:

•

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

•

Performance of emergency work.

•

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

•

Agricultural uses.

•

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:

•

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

•

No operation shall generate any ground-transmitted vibrations which exceed the limits specified in subsection 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-component measuring system capable of simultaneous measurement of vibration in three 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:

PV = 6.28 (F x D)

Where:

PV = Particle velocity, expressed in inches per second

F = Vibration frequency, expressed in cycles per second

D = Single amplitude displacement of the vibration, expressed in inches

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

3.

Maximum ground-transmitted vibration. Ground-transmitted vibration shall not exceed a particle velocity of 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 0.02 inches per second. These maximum permitted values may be doubled 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.

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 subsection 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, and other applicable state or federal regulations. 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.

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 of one 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. The storage, utilization or manufacturing of materials or products ranging from, "incombustible" to "moderate burning" (as determined by the fire chief) is permitted, provided such operations are in compliance with all applicable performance standards imposed by the fire chief.

The storage, utilization or manufacturing of materials or products ranging from "free to active burning" to "intensive burning" (as determined by the fire chief) is permitted, provided such operations are in compliance with all other yard requirements and applicable performance standards set forth herein, and provided that the following conditions are complied with:

1.

All such activities shall take place within a completely enclosed building or structure having incombustible exterior walls, meeting the requirements of the Building Code of the City of Flat Rock, chapter 98 of the city Code.

2.

All such buildings shall be protected throughout by an automatic sprinkler system which shall comply with the design and installation standards of the Building Code and Fire Prevention Regulations of the City of Flat Rock, chapters 98 and 118 of the city Code.

3.

The storage and handling of flammable liquids, liquefied petroleum gases, and explosives shall comply with all applicable state, county and local regulations, including the state Fire Prevention Act, Michigan Public Act 207 of 1941, as amended. Further, all storage tanks for flammable liquid materials above ground shall be located at least 150 feet from all property lines, and shall be completely surrounded by earth embankments, dikes, or another type of approved retaining wall capable of containing the total capacity of all tanks so enclosed.

4.

Below-ground bulk storage tanks which contain flammable materials 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.

G.

Sewage wastes and water pollution. Sewage disposal 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 Department, and the U.S. Environmental Protection Agency. In addition, sewage disposal and water pollution shall be subject to the provisions in the city sewer service ordinance, chapter 22 of the Flat Rock City Code.

No industrial waste shall be discharged into sewers if such waste could potentially cause a chemical reaction, either directly or indirectly, so as to impair the strength or durability of the sewer; cause mechanical action that would destroy or damage the sewer; cause restrictions of the hydrologic capacity of the sewer; cause conditions which prevent the normal inspection or maintenance of the sewer; cause excessive damage on the sewage treatment facilities or process; reduce the effectiveness of the sewage treatment process; cause danger to the public, health, or safety; or cause obnoxious conditions inimical to the public interest.

Specific requirements. Waste discharge into the public sewer shall comply with the following standards, unless a higher standard is imposed by a federal, state, county, or local regulatory agency which has jurisdiction:

1.

Acidity or alkalinity. Acidity or alkalinity shall be neutralized within a daily average ph range of between 5.5 and 7.5, measured on the volumetric basis, allowing for a temporary variation ranging between a ph of 5.0 and 10.0.

2.

Prohibited wastes. Sewage wastes shall contain no cyanides or chlorinated solvents in excess of 0.1 parts per million (ppm), and no fluorides, hydrogen sulphide, sulphur dioxide, oxides of nitrogen, or halogens in excess of ten ppm.

3.

Phenols. Wastes shall contain no phenols in excess of 0.055 ppm.

4.

Chlorine demand. Wastes shall not create a chlorine demand greater than 15 ppm.

5.

Grease and oil. Wastes shall not contain grease or oil or any oily substance in excess of 30 ppm at any one time. The daily average for such substances shall not exceed ten ppm. Wastes shall not contain grease or oil or other substance that will solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit.

6.

Insoluble substances. Wastes shall not contain any insoluble substances in excess of 10,000 ppm at any one time, or fail to pass a No. 8 Standard Sieve or have a dimension greater than two inches. The daily average of such substances shall not exceed 500 ppm. Wastes shall not contain insoluble substances having a specific gravity greater than 2.65.

7.

Total solids. Wastes shall not contain total solids (soluble and insoluble substances) in excess of 20,000 ppm. The daily average of such substances shall not exceed 2,000 ppm.

8.

Soluble substances. Wastes shall not contain soluble substances in concentrations that would increase the viscosity to greater than 1.1 specific gravity.

9.

Gases or vapors. Wastes shall not contain gases or vapors, either free or occluded in concentrations that are toxic or dangerous to humans or animals.

10.

Explosives. Wastes shall not contain any explosive substances.

11.

Flammable substances. Wastes shall not contain any flammable substances with a flash point lower than 198 degrees Fahrenheit.

12.

Antiseptic substances. Wastes shall not contain any antiseptic substances in excess of 100 ppm.

13.

Toxic or irritating substances. Wastes shall not contain any toxic or irritating substances which could create conditions that are hazardous to the public health and safety.

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.

(Ord. No. 128-B, § I, 9-20-10)

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 building official shall make a determination whether there is reasonable cause to suspect the operation is indeed in violation of the performance standards. The building official 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 denial or cancellation of 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 building official 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 building official 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 building official determines that a violation does exist, the building official 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 building official 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 building official shall note "violation corrected" on the city's copy of the notice, and the notice shall be retained on file. If necessary, the building official 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 7.03A), and the alleged violation is not corrected in accordance with the regulations set forth in this article, then the building official 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 zoning ordinance, but that more time is required than was granted by the original notice, the building official may grant an extension if:

•

The building official deems that such extension is warranted because of the circumstances in the case, and

•

The building official 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 building official 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 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, the cost of determination shall be paid by the city.

D.

Continued violation. If, after the conclusion of the time period granted for compliance, the building official 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 remedies in an appropriate court of law.

E.

Appeals. Action taken by the building official pursuant to the procedures outlined in this section may be appealed to the zoning board of appeals within 30 days following said action. In the absence of such appeal, the building official's determination shall be final.

(Ord. No. 128-B, § I, 9-20-10)

The purpose of an environmental impact statement is to assess the development, ecological, social, economic, and physical impact from a proposed development on and surrounding the development site, and to determine if a proposed use will be in compliance with the site development and performance standards set forth in articles 6.00 and 7.00. Where required, the environmental impact statement shall, at minimum, assess the following:

•

Water, noise, and air pollution associated with the proposed use.

•

Effect of the proposed use on public utilities.

•

Historic and archeological significance of the site and adjacent properties.

•

Alteration of the character of the area by the proposed use.

•

Effect of the proposed use on the city's tax base and adjacent property values.

•

Compatibility of the proposed use with existing topography, and topographic alterations required.

•

Impact of the proposed use on surface and groundwater.

•

Operating characteristics and standards of the proposed use.

•

Proposed screening and other visual controls.

•

Impact of the proposed use on traffic.

•

Impact of the proposed use on flora and fauna.

•

Negative short-term and long-term impacts, including duration and frequency of such impacts, and measures proposed to mitigate such impacts.

(Ord. No. 128-B, § I, 9-20-10)