Sound and noise shall be regulated by Chapter 8.32 of the Livonia Code of Ordinances.

Any use which causes the production of odors or fumes, noxious or otherwise, which are detectable beyond the building, shall not be permitted.

Waste and rubbish facilities are subject to the Livonia Code of Ordinances Chapters 13.36 and 13.38.

(1)

Permit Required. No person shall remove, excavate, extract, stockpile, or transport or cause to be removed, excavated, extracted, transported, or stockpiled for such removal any soil from any land within the City of Livonia unless and until the bonds and fees required herein have been filed and deposited and a permit therefor obtained from the City. All soil removal and excavation permits where authorized, shall be issued by the Department of Inspection after full compliance by the applicant of all terms and provisions of this section relating thereto.

(2)

Approval of Commission. No soil removal permit or permit to stockpile shall hereafter be issued unless and until the City Planning Commission does, by resolution:

A)

Determine the proposed soil removal and/or excavation operations will not be injurious to the public health, safety and welfare.

B)

Approves the application for a soil removal permit.

C)

Authorizes the issuance of a soil removal permit. Such approval shall be nontransferable, and the applicant must obtain from the Department of Inspection a topsoil permit within a thirty (30) day period immediately following the approval.

(3)

Application Required. Applications for soil removal and/or excavation permits, verified under oath, shall be filed, in quadruplicate, with the Department of Inspection. Such applications shall be accompanied by and set forth fully the following information:

A)

The full name, address and signature of the applicant; a full and complete legal description of the land on which the soil removal and/or excavation operations are proposed; the names, addresses and signatures of the owner or owners of such land; a detailed description of the nature and extent, including the amount of acreage, of the proposed operations so that the character thereof and the effect upon such land can readily be ascertained; a description of the equipment and vehicles to be used in the proposed operations; the time within which such operations shall be commenced and completed, and an agreement on the part of the applicant and owner, or owners, to fully comply with all the ordinances, rules and regulations of the City of Livonia and all its departments.

B)

A topographical survey dated and certified by a registered engineer or land surveyor showing, in detail, the existing grade elevations, the proposed or finished grade elevation and the contour of the land described in the application. The survey shall also indicate the grade and elevation of all the nearest existing streets; provided that in those cases where the applicant desires to remove soil from land that has been or is being platted and a proposed subdivision has been approved or will be submitted to the City of Livonia, then the applicant shall submit, in addition to the above survey, a plat clearly indicating the grade elevations of the proposed streets in such subdivision.

C)

A license, witnessed and acknowledged as in the case of a deed, granting to the applicant (if the applicant is not the owner), the person or persons executing the corporate surety bond required hereafter and the City of Livonia, severally, the right to enter upon said premises, describing them and granting to the aforesaid the right to fill and grade such premises, and restore the same and bring it to the normal building grade as established from the nearest existing or proposed street as the case may be.

D)

The Department of Inspection shall forward a copy of such application and topographical survey to the Police Department, the Engineering Division and the City Planning Commission.

i)

The Police Department shall examine the application to determine whether or not the proposed operations will interfere with the enforcement and administration of traffic laws. The recommendation of the Police Department shall be transmitted to the City Planning Commission.

ii)

The Engineering Division shall examine and investigate the application and topographical survey to determine the existing grade elevation of the property described in same. The City Engineer shall recommend approval of the application only if it appears from his or her examination and investigation that no soil will be removed below the normal building grade as established by the City Engineer from the nearest existing or proposed streets, as the case may be. The recommendation of the Engineering Division shall be transmitted to the City Planning Commission.

iii)

The City Planning Commission shall examine the application and topographical survey, together with the above recommendations. The Commission shall not approve any application to remove soil below the normal building grade as established from the nearest existing or proposed street; similarly, no application shall be approved where the proposed operations, in the opinion of the Commission, would result in land becoming unwholesome, unhealthy, offensive, filthy or otherwise obnoxious. If, in the opinion of the Commission, there is sufficient soil available above the normal building grade and the proposed operations will not endanger the public health, safety and welfare, then the Commission may approve the application. The approval shall be by resolution; such resolution shall also authorize the issuance of a soil removal permit subject to any restriction or condition which the Commission may specify in approving the application and upon the payment of the permit fee and filing of the bond hereinafter provided.

(4)

Regulations, Fee, Bonds.

A)

Where an application requests permission to remove soil from land that has been platted and approved for subdividing by the City of Livonia, the grade elevation of the streets in the proposed subdivision may be used as a basis for determining the normal building grade. The applicant is herein required to present substantial evidence of the grade elevation of such proposed streets.

B)

Notwithstanding any of the provisions of this section, no soil shall be removed below the normal building grade as established from the nearest existing or proposed street, by the Engineering Division. No soil shall be removed in such manner as to cause water to collect or as to result in a menace or danger to the public health, safety and welfare. No soil shall be removed in such manner as to leave the surface of the land below such established grade or unfit for the growing of turf and other land uses permitted in the district in which such removal occurs. The Engineering Division at any time may fully inspect or examine land from which it is proposed to remove or excavate soil, for the purpose of making any determination as to grades or otherwise. The holder of a permit shall, during such removal, provide for drainage in such manner as may be approved by the Engineering Division of the Department of Public Works.

C)

The fee for such permit is hereby fixed at one hundred dollars ($100.00). No permit shall be transferable. Such permit shall specify the period for which it is granted, which shall in no case be longer than one (1) year from the date of issuance. A permit may be revoked by the Department of Inspection whenever the holder of such permit has violated any of the provisions of the ordinances, rules, and regulations of the City of Livonia or whenever the exercise of the rights granted by such permit have caused or is reasonably likely to cause a menace or danger to the public health, safety or welfare.

D)

No permit shall be issued until the applicant and owner or owners have filed with the City a cash bond guaranteeing and a corporate surety bond, conditioned on the full performance by the holder of the permit of all the provisions of this section, due compliance with the laws of the State and ordinances of the City of Livonia and payment of any and all claims of the City of Livonia and/or any person or persons arising out of any operation under or use of such permit, or any violation of said laws or ordinances; such bonds shall also be specifically conditioned upon the holder of the permit, at all times, maintaining the premises upon which the removal of soil or excavating is being performed, in a safe and proper condition, and that said permitholder will, upon completion of such operation, leave or restore the said land to normal building grade level (as established by the Department of Public Works), remove and abate all offensive conditions, all unhealthy, unwholesome, obnoxious, filthy and unsanitary conditions, drain stagnant water existing and resulting from such removal of soil or excavating. The City Planning Commission shall fix the amount of the bonds to be deposited by the applicant. The bonds shall be in an amount estimated as sufficient to fill and grade the land on which such operations are to be undertaken to the normal building grades as established by the Engineering Division of the Department of Public Works. The Commission shall fix the amount of the corporate surety bond to be filed and the applicant shall deposit in addition thereto a cash bond in an amount equal to ten (10) per cent of the surety bond. Such bonds shall be for an indefinite period until released and discharged, after recommendation of the Engineering Division and Department of Inspection, by resolution of the City Planning Commission adopted at a regular meeting of that body. The bonds shall be in such form as may be approved by the City Attorney.

(5)

Exceptions. This section shall apply only to the removal of soil for commercial purposes and shall not apply to the moving, grading or leveling of soil within a parcel of land for reasonably immediate use upon such parcel of land, nor shall this section apply to such removal of soil as the Department of Inspection may determine to be reasonably necessary in the construction of basements, foundations, footings, driveways, underground utilities and parking areas, nor shall this section apply to the removal of grass sod grown for commercial purposes where the Department of Public Works determines that such removal will not cause water to collect, result in poor drainage conditions or constitute a menace to public health and safety; provided, however, that a determination that this section does or does not apply in the above instance shall always be made in writing by the Department of Inspection on written application of any person desiring to remove sod.

(6)

Excavations and Holes. The construction, maintenance, or existence within the City of Livonia of any unprotected, unbarricaded, open or dangerous excavations, holes, pits, or wells, or of any excavations, holes or pits which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited; provided, however, that this section shall not prevent construction of excavations under a permit issued pursuant to this Ordinance or the Building Code Ordinances of the City of Livonia where such excavations are properly protected and warning signs posted in such manner as may be approved by the Department of Inspection; and, provided further, that this section shall not apply to lakes, streams, or other natural bodies of water, or to ditches, streams, reservoirs, or other major bodies of water created or existing by authority of the State of Michigan, County of Wayne, City of Livonia, or other governmental agency.

(7)

Dumping of Soil, Sand, Clay or Gravel. The dumping of any soil, sand, clay, or gravel on any parcel of land within the City of Livonia is hereby prohibited, except where, within six (6) months following such dumping, such parcel of land is graded in such manner as to prevent the collection of water, to provide proper drainage and to leave the ground surface fit for the growing of turf and other land uses permitted in the district; provided, however, that no soil, sand, clay, gravel, trash, rubbish, or waste material shall be dumped on the spillways or flood plains of any natural streams or water courses, or on any area between the lower and upper banks of such streams or water courses, except on recommendation of the City Planning Commission and approval of the City Council after a public hearing and on a satisfactory showing that such dumping will not result in damage to other property within the City of Livonia and will not be injurious to the public health, safety, and welfare.

All uses permitted in either ML, M-1, or M-2 Districts shall comply with the following table of standards:

(1)

Automatic Screw Machines. Where permitted in a district shall only be operated with noise silencers and only when located more than two hundred (200) feet from any residential zoned district.

(2)

Stamping Machines, Punch Presses, and Press Brakes. When permitted in a district, no such machine shall be loaded beyond the capacity prescribed by the manufacturer. No such machine shall be operated less than two hundred (200) feet from any residential zoned district.

(3)

Hot Forgings, Steam, or Board Hammers. No such machine shall be operated except in an M-2 District located more than one thousand (1,000) feet from any residential zoned district and when operations are located entirely within a masonry building on a suitably reinforced concrete mat or to solid rock and mounted on shock absorbers that reduce vibrations to a reasonable minimum.

(4)

Sound Level Limitations. Noise decibels, as measured at the street or property line shall not exceed sixty-five (65) decibels in an ML District; seventy (70) decibels in an M-1 District; and seventy-five (75) decibels in an M-2 District. All noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, or shrillness.

(5)

Smoke, Dust, Dirt, and Fly Ash. Shall not exceed 0.3 grains per cubic foot of flue gas at stack temperature of 500 degrees Fahrenheit and not to exceed fifty (50) per cent excess air and shall not be so unclean, destructive, unhealthful, or hazardous as to be detrimental to the public health, safety, or welfare nor shall visibility be impaired by the emission of a haze which unduly impedes vision within apparent opaqueness equivalent to No. 1 of the Ringlemann Chart.

(6)

Glare and Heat. Glare and heat from arc welding, acetylene torch cutting, or similar processes shall be performed so as not to be seen from any point beyond the outside of the property.

(7)

Sewage Wastes.

A)

No wastes shall be discharged in the public sewer system which is dangerous to the public health and safety.

B)

Acidity or alkalinity shall be neutralized to a pH of 7.0 as a daily average on a volumetric basis, with a temporary variation of pH 5.0 to 10.0.

C)

Wastes shall contain no Cyanides nor Halogens and shall contain no more than 10 parts per million (ppm) of the following gases: hydrogen sulfide, sulfur dioxide, and nitrous oxide.

D)

Wastes shall not contain any insoluble substances in excess of 10,000 ppm or exceed a daily average of 500 ppm or fail to pass a No. 8 Standard Sieve, nor have a dimension greater than one-half (½) inch.

E)

Wastes shall not have a chlorine demand greater than 15 ppm.

F)

Wastes shall not contain phenols in excess of .005 ppm.

G)

Wastes shall not contain any grease or oil or any oily substance in excess of 100 ppm or exceed a daily average of 25 ppm.

(8)

Radioactive Materials. Radioactive materials shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, or as amended from time to time.

(1)

Application of Article. All land lying within the Special Flood Hazard Area is subject to the regulations of this district in addition to the regulations otherwise established by the City of Livonia Zoning Map. The boundaries of the Special Flood Hazard Area shall coincide with the boundaries of the areas indicated as within the limits of the 100-year flood in the report entitled "The Flood Insurance Study, City of Livonia, Michigan," dated September 30, 2008, with accompanying Flood Insurance Rate Maps, effective February 2, 2012. The aforesaid Study and Maps are made part of this Article by reference, copies of which shall be maintained on file for public examination in the City Planning Department and the City Engineering Division.

(2)

Permitted Uses. Notwithstanding any other provisions of this Ordinance, no building or structure shall be erected, converted, or structurally altered, and no land and/or structure shall be used in a Special Flood Hazard Area, except for one (1) or more of the following uses:

A)

Gardening, horticulture, open recreational uses, such as parks, playgrounds, playfields, athletic fields, golf courses, bridle trails, and nature paths.

B)

In the area above the Special Flood Hazard Area, uses permitted by the zoning district otherwise established for the lot, subject to regulations of such districts; provided, however, that the elevation of the lowest floor designed or intended for human habitation (including basement) shall be elevated to or above the elevation of the nearest point of the Special Flood Hazard Area Level unless an exception is granted pursuant to Chapter 15.36 of the Livonia Code of Ordinances.

C)

In the area below the Special Flood Hazard Area Level, land may be used to supply open space or lot area requirements of a lot partially located beyond; provided, however, that no building or structure shall be located below the Special Flood Hazard Area Level except in conformance with Chapter 15.36 of the Livonia Code of Ordinances.

(3)

Accessory Uses.

A)

In the area above the Special Flood Hazard Area Level, accessory uses shall be regulated by the provisions of the zoning district within which such lot is otherwise located.

B)

In the area below the Special Flood Hazard Area Level, off-street parking is permitted as a use accessory to a principal use beyond the Special Flood Hazard Area Level on the same lot. However, no building, structure, fence, or equipment other than boundary monuments is permitted below the Special Flood Hazard Area Level as an accessory use.

(4)

Dumping Prohibited; Exceptions.

A)

In the area below the Special Flood Hazard Area Level, dumping or backfilling with any material in any manner is prohibited, unless through compensating excavation and shaping of the flood plain, the flow and impoundment capacity of the flood plain will be maintained or improved.

B)

In the area below the Special Flood Hazard Area Level, dumping or backfilling with any material in any manner is prohibited, unless no significantly measurable reduction in flow or impoundment capacity of the flood plain would thereby be caused; and further, that approval or a letter of no authority has been issued from the Michigan Department of Environment, Great Lakes and Energy under the authority of the floodplain regulatory provisions of Part 31 of Act 451 of 1994.

C)

Below the Special Flood Hazard Area Level, the construction or location of bridges, outdoor play equipment, bleachers, and similar outdoor equipment and appurtenances is prohibited unless such elements would not cause any significant obstruction to the flow, or reduction in the impoundment capacity of the flood plain.

D)

The foregoing exceptions shall be permitted only upon review by the City Planning Commission at a public hearing and on a showing that the above requirements are satisfied, and submission of findings to and approval by the City Council. To the extent applicable, the provisions set forth in Section 13.13 of this Ordinance shall be complied with.

No permanent building within the City of Livonia shall hereafter be erected, altered, or used for an outside toilet of any type unless approved lavatory facilities are installed and connected to a public sewer. This Section shall not be construed to prohibit temporary toilets on construction sites during period of construction or for temporary public gatherings.