(a)

The intent of the I-1 and I-2 industrial districts is to permit the use of land, buildings, and structures for the manufacturing, processing, fabricating, compounding, treatment, packaging and/or assembly of materials or goods, warehousing or bulk storage of goods, and related accessory uses. Related accessory uses may include, by way of example, research, design, and prototype development related to the industrial operations; the storage of goods in connection with or resulting from industrial operations; the provision of amenities for persons engaged in such operations; the sale of goods resulting from such operations; and, any work of administration or accounting in connection with the industrial operations.

(b)

The I-1 and I-2 industrial districts are also intended to accommodate certain quasi-industrial uses which have characteristics typically associated with industrial operations even though such uses are not engaged in manufacturing, processing, or other industrial operations. Such uses may include, by way of example, lumber yards or contractor yards.

(c)

The regulations in this article 33.00 are further intended to protect lands and uses surrounding industrial development. These regulations are therefore intended to promote only those industrial operations that pose minimal risk from fire; explosions; release of toxic, noxious or hazardous material; exposure to radiation; or other hazards to the health, safety and welfare of the citizens of Lyon Township.

(d)

The regulations in this article provide for two industrial districts with the intent that only the least intensive industrial operations having no external off-site impacts should be located in the I-1 district, which may abut land zoned for residential or commercial use. More intensive industrial operations should be located in the I-2 district, which is intended to be separated from residential and commercial districts.

A.

Table of Permitted Uses. In all areas zoned I-1 or I-2, no building shall be erected, used, or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the uses listed in the following Table of Permitted Uses.

B.

Special land uses.

1.

Special land uses shall be subject to the review and approval standards and procedures in article 6.00. Class 1 special land uses require the level of scrutiny that is typically applied to all special land use proposals. Class 2 special land uses require an increased level of scrutiny because such uses may: (i) pose a serious risk to the health or safety of township residents; and/or (ii) cause serious degradation of the environment, and/or (iii) be characterized by severe nuisance impacts (noise, odors, etc.).

2.

To determine if a proposed special land use may be permitted in a particular location, the planning commission and township board may consider the operating and environmental history of the proposed business, and may require the evaluation of the proposed use by experts who are knowledgeable about the industrial processes associated with the proposed uses. In granting special land use approval, the township board may impose reasonable conditions, including the need for periodic review and re-approval of the special land use.

C.

Uses not cited by name. A land use which is not cited by name as a permitted use in an I-1 or I-2 zoning districts may be permitted upon determination by the planning commission that such use is clearly similar in nature and intensity and compatible with the permitted uses in the district. In making such a determination, the planning commission shall consider the following:

1.

Determination of compatibility. In making the determination of similarity and compatibility with permitted uses in the district, the planning commission shall consider specific characteristics of the use in question and compare such characteristics with those of the uses which are expressly permitted in the district. Such characteristics shall include, but are not limited to, truck and vehicular traffic generation, types of services offered, types of goods produced, methods of operation, impacts from noise, air contaminants, odor, heat, fire hazards, and water contaminants, and building and site characteristics.

2.

Conditions by which use may be permitted. If the planning commission determines that the proposed use is similar to and compatible with permitted uses in the district, the commission shall then decide whether the proposed use shall be permitted by right, as a special land use, or as a permitted accessory use. The proposed use shall be subject to the review and approval requirements for the district in which it is located. The planning commission shall have the authority to establish additional standards and conditions under which a use may be permitted in a district.

Notwithstanding these provisions, any use not specifically listed in the I-1 or I-2 district but which is specifically listed as a use permitted by right or as a special land use in another district, shall not be permitted in the I-1 or I-2 districts.

TABLE OF PERMITTED USES

(Ord. No. 01-14, § 3, 1-7-2014)

A.

Enclosure of operations in a building.

1.

All manufacturing, compounding, assembling, processing, packaging, or any other industrial or business activity shall be conducted within a completely enclosed building, except as otherwise specified herein, and except for outside storage that may be permitted in accordance with the conditions specified in section 33.03, subsection B. Operation of pollution control equipment is an industrial activity that is subject to these enclosure requirements.

2.

All doors and windows must be closed at all times, except as otherwise specified, to insure that the maximum amount of noise, odor, smoke, steam, debris or other bi-products of the manufacturing, compounding, assembling, processing, packaging or other industrial or business activities are retained within the confines of the enclosed building. Any pedestrian or delivery doors may be opened, but only during the actual process of loading or unloading supplies and/or materials and for the normal ingress and egress of pedestrian use. Additionally, windows and doors may be open for valid emergency purposes that affect the health, safety, and welfare of the industrial or business employees.

3.

A waiver from these building enclosure requirements may be sought to allow doors and/or windows to be left open. Upon receipt of a written request, such a waiver may be granted by the building official or his/her designee. The building official or his/her designee may revoke the waiver at his/her discretion.

B.

Outside storage. Outside storage may be permitted in conjunction with and accessory to any permitted use in the I-1 and I-2 district subject to the following conditions:

1.

Outside storage may be used only to store materials to be used on a timely basis in the inside industrial operations or for storage of finished product prior to shipment. In no case shall outdoor storage areas be used to store obsolete machinery or materials no longer used or intended to be used in the industrial operation.

2.

No individual product or material shall be stored outside for more than one year.

3.

Outside storage may extend to the property lines except that it shall extend no closer to any road than the principal building on the site, and no closer than 75 feet to any residentially-zoned district.

4.

Outside storage shall be completely screened with a screen that is opaque through all seasons from the ground to a height of at least eight feet. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, existing vegetation or a combination thereof. A plan for ongoing replacement of dead or diseased vegetation shall be submitted if any portion of the required screen includes vegetation. Compliance with landscaped or vegetative screening shall be based on the average mature height and year-round density of foliage of the proposed plant species, and may include field observation of existing vegetation. Walls and fences shall comply with the requirements in article 15.00.

The planning commission may waive or modify these requirements for screening upon determining that the outdoor storage will be adequately screened from view by existing or proposed buildings, trees or shrubs, or other physical features.

5.

Outside storage shall not exceed eight feet in height.

6.

Outside storage that is screened with vegetation alone shall be completely enclosed within a security fence.

7.

Outside storage areas shall be paved and properly drained. The planning commission may waive the requirement for paving where the applicant submits sufficient evidence that a paved surface would not support heavy machinery used on the site or would not otherwise be appropriate for the intended use of the site. Paved, gravel, crushed concrete or other surfacing shall be subject to review and approval by the township engineer. Unpaved open storage shall be permitted only where it is not visible from the perimeter of the site and all public roads. Pavement shall be required if there is any risk of ground or surface water contamination as a result of a spill or leakage.

8.

Outside storage areas shall be shown on a site plan, which shall be subject to special land use review and approval. The site plan shall illustrate or specify the following information, at minimum:

a.

The exact boundaries of proposed outside storage.

b.

Surfacing and drainage details.

c.

Screening details.

d.

Layout of outside storage areas, including access and maneuvering areas. The applicant shall demonstrate on the site plan how clear access throughout the storage area will be maintained for emergency vehicles.

9.

For the purposes of this subsection, trucks, trailers, and other equipment used in the normal course of an approved, legally operated business shall not be considered outside storage. Any such accessory truck and trailer parking shall be permitted in the I-1 and I-2 districts provided such parking is screened in accordance with section 15.02, subsection E. Trailers parked on a site shall not be used for storage.

10.

Outdoor storage shall only be permitted on parcels abutting principal arterial, minor arterial, rural major/urban collector, or rural minor collector roads, as identified in the Lyon Township Master Plan.

C.

Lumber yards and building material sales establishments. Lumber yards or building material sales establishments may have storage in partially open structures (instead of fully-enclosed structures), subject to the following conditions:

1.

The ground floor premises facing upon and visible from any abutting street shall be used only for entrances, offices, sales or display.

2.

Open storage structures shall be enclosed on three sides with a roof and the open side shall not be visible from the road.

3.

The entire site, exclusive of access drives, shall be enclosed with a six-foot high chain link fence or masonry wall, constructed in accordance with section 12.16.

4.

A landscaped greenbelt with a minimum width of 20 feet shall be required adjacent to any street, in conformance with section 15.02, subsection D.

D.

Landscape contractor operations. Landscape contractor operations shall comply with the following requirements:

1.

All vehicles and equipment shall be stored in a fully-enclosed building.

2.

Heavy construction equipment, such as bulldozers and front-loaders, shall not be stored or used on the site, unless approved as a special land use.

3.

Outside storage of plant material is permitted in the I-1 and I-2 districts. Outside storage of landscape materials, such as mulch, top soil, stone, etc., shall be permitted subject to the requirements in the preceding subsection B.

E.

Accessory retail and service uses.

1.

Accessory retail or service uses that are intended to serve the employees and patrons of the principal use shall be an incidental use occupying no more than five percent of a building that accommodates a principal permitted use. Permitted accessory retail and service uses shall be limited to the following:

a.

Retail establishments that deal directly with the consumer and generally serve the convenience shopping needs of workers and visitors, such as convenience stores, drug stores, uniform supply stores, or similar retail businesses.

b.

Personal service establishments which are intended to serve workers or visitors in the district, such as dry cleaning establishments, travel agencies, tailor shops, or similar service establishments.

c.

Restaurants, cafeterias, or other places serving food and beverages for consumption within the building.

d.

Financial institutions, including banks, credit unions, and savings and loan associations.

2.

Limited accessory retail sales of primarily products produced by a permitted use located on the premises, where such retail operations are intended to serve the general public shall be permitted in the I-1 and I-2 districts, subject to the following requirements:

a.

Character of the principal use. The principal use on the site must be industrial in character.

b.

Percent of floor area. The retail activity shall occupy no more than twenty percent of total floor area or 2,000 square feet, whichever is less.

c.

Products offered for sale. Retail sales shall be limited primarily to products produced on the premises. If it is determined that the sale of limited specialty products not produced on the premises is essential to installation or use of the principal product sold, then such sales may be permitted.

d.

Compatibility of traffic. The type of and quantity of traffic generated by the retail sales operation shall be compatible with permitted industrial uses in the district.

F.

Truck and trailer parking. Trucks and trailers used on an ongoing basis for accessory transport operations related to a permitted principal use may be parked outside subject to the following requirements:

1.

No truck or trailer shall be parked outside longer than seven calendar days, except that trucks, trailers and other equipment that are accessory to the principal building or use may be parked for longer periods, subject to prior township approval of a site plan illustrating the location and method of screening such parking from roads and residential uses.

2.

Truck and trailer parking shall comply with the screening, setbacks, location, paving, drainage, and site plan review requirements for outside storage, as described in section 33.03, subsection B.

3.

The requirements in this subsection F., shall not apply to motor freight and other businesses whose principal operation is trucking, shipping, or cartage.

G.

Motor freight operations. Motor freight operations, including trucking, shipping, or cartage companies, shall comply with the following requirements:

1.

No truck or trailer shall be parked outside longer than seven calendar days, except that trucks, trailers and other equipment that are accessory to the principal building or use may be parked for longer periods, subject to prior township approval of a site plan illustrating the location and method of screening such parking from public roads and residential uses.

2.

Truck and trailer parking shall comply with the requirements for screening, setbacks, location, paving, drainage, and site plan review that apply to outside storage, as described in section 33.03, subsection B. Trucks and trailers parked on the site shall be completely screened from view from any public road or highway.

3.

Outside storage, except for truck and trailer parking associated with the principal business shall be prohibited.

4.

No outside repair of any type shall be permitted.

5.

The township board, after receiving a recommendation from the planning commission may restrict the hours of operation of a motor freight operation to reduce the impact of any such use on other land uses.

6.

The township board, after receiving a recommendation from the planning commission, may limit the number or location of driveways used for truck ingress or egress, the travel routes used by the trucks, and/or hours of operation for the purposes of traffic safety and to reduce the impact of any such use on other land uses.

7.

Exterior speakers shall not be permitted.

8.

Storage of gasoline or other liquid combustible materials shall comply with the requirements imposed by the state fire marshal on, above or below ground tanks.

H.

Construction equipment and related equipment sales and leasing. Companies engaged in sales and leasing of construction and related equipment shall comply with the outside storage requirements of section 33.03, subsection B.

I.

Septic field or retention basin accessory to a commercial use. A septic field or retention or detention basin that is accessory to a commercial use may be located on industrially-zoned property, subject to the following conditions:

1.

The septic field or retention or detention shall be located on the same parcel of land as the commercial use to which it is accessory.

2.

Placement of the septic field or retention or detention basin on industrially-zoned land shall be permitted only if the applicant demonstrates to the planning commission's satisfaction that there is no other feasible alternative for development of the parcel.

3.

Placement of the septic field or retention or detention basin on industrially-zoned land shall not be permitted if the planning commission finds that such action would in any way be detrimental to the development or use of nearby industrially-zoned properties or the industrial district as a whole.

J.

Additional required conditions. Except as otherwise noted, buildings and uses in the industrial districts shall comply with the following requirements:

1.

Production and manufacturing facilities and operations permitted subject to special land use approval in the I-2 district shall be located not less than 300 feet from any residentially-zoned district.

2.

All manufacturing, compounding, assembling, processing, packaging, or other industrial or business activity shall comply with the performance standards set forth in article 20.00.

3.

All manufacturing, compounding, assembling, processing, packaging, or other industrial or business activity shall maintain compliance with all environmental and safety and health statutes and regulations promulgated by the United States Environmental Protection Agency, Michigan Department of Environmental Quality, or other federal, state, or county agency or department.

4.

For the purposes of determining landscaping and architectural design requirements, the yard adjacent to the I-96 freeway shall be considered a front yard.

5.

Truck and trailer parking on parcels adjacent to I-96 shall be screened from exposure to I-96 in accordance with the screening requirements in section 15.02, subsection E.

6.

Where applicable, machinery shall comply with the standards in section 19.02, subsection EE.

K.

Site plan review. Site plan review and approval is required for all uses in the industrial districts in accordance with article 4.00. The industrial activity statement described in the following subsection L., shall be required for site plan review and shall be considered an integral part of the approved site plan.

L.

Industrial activity statement. In order to plan for and accommodate new industries in Lyon Township, the following information shall be provided for all proposed industrial businesses. An industrial activity statement is required in conjunction with site plan review. An industrial activity statement is also required for a new industry prior to occupying an existing building, even if a formal site plan review is not required. Responses shall be submitted on company letterhead, signed and dated by the chief executive of the proposed Lyon Township facility.

1.

Business name.

2.

Business mailing address.

3.

Business phone no., fax no., and emergency phone no.

4.

If a subsidiary, the name and address of the parent company.

5.

The names and titles of individuals involved in management of the business in Lyon Township.

6.

A detailed description of the business to be located in Lyon Township, including, at minimum, the following information (this information, including the levels of emissions and discharges specified will become a part of the approved site plan, and may be used by the township to monitor compliance with the approved site plan):

a.

The types of industrial processes to be used.

b.

The products to be created.

c.

Identification of chemicals, hazardous substances, flammable or combustible liquids, pesticides, fertilizers, and oil products to be used, stored, or produced.

d.

Description of the type and maximum level of any air contaminants or air emissions to be produced by the industrial processes, and description of the measures to be taken to protect air quality.

e.

Description of the type and maximum amount of wastewater to be produced, and description of the measures to be taken to prevent discharge of pollutants into or onto the ground.

f.

Description of the type and level of noise to be created by the industrial processes, and description of any noise abatement measures to be taken.

7.

If the business is relocating from another municipality, the addresses of previous location(s).

8.

The expected daily hours of operation.

9.

The days of the week when expected to be in operation.

10.

Number of employees expected at the Lyon Township facility.

11.

Indication whether the business has been cited within the past five years, in any form or manner, by any governmental authority for violation of any laws and regulations, including environmental laws and regulations, and indication whether the business had any permits revoked because of noncompliance with governmental regulations, with detailed explanation.

12.

Indication whether, in the past five years, any employees sustained on-the-job disabling injuries or injuries necessitating recovery lasting more than two weeks, or whether any employees have been killed on the job, with detailed explanation.

13.

Indication whether there are any special fire protection devices or measures required by this business, with detailed explanation.

14.

Indication whether there are any special waste treatment procedures or measures required by this business, with detailed explanation.

In the letter containing the above information, the following statement shall be inserted prior to the signature by the chief executive officer of the Lyon Township facility:

 I hereby swear or affirm that I have sufficient knowledge concerning the proposed business to provide the information provided herein and that this information is true and accurate. I further swear or affirm that I have the authority to sign this document on behalf of the applicant.

 I acknowledge that the information contained in this document is required under the Lyon Township Zoning Ordinance and shall become a part of our site plan review application. I acknowledge that any omission or material misrepresentation as to the information contained herein shall be cause for denial of the application, and if the omission or material misrepresentation is discovered subsequent to site plan approval, for revocation of that site plan approval. I acknowledge that any operations of the business that are inconsistent with or in conflict with the information presented herein shall constitute a violation of the Zoning Ordinance, and shall be subject to the penalties and corrective action specified in the Zoning Ordinance.

M.

Area, height, bulk and placement requirements. Buildings and uses in the industrial districts are subject to the area, height, bulk and placement requirements in article 36.00, Schedule of Regulations.

N.

Planned development. Planned development may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in article 7.00.

O.

General development standards. Buildings and uses in the industrial districts shall be subject to all applicable standards and requirements set forth in this Ordinance, including the following:

(Ord. No. 04-13, pt. 5, 11-4-2013; Ord. No. 02-14, pt. 2, 1-6-2014; Ord. No. 10-16, pt. 12, 11-9-2016)