(a)

Exterior facing materials. A minimum of 50 percent of the front yard exterior of all buildings hereafter erected shall be constructed of aesthetically pleasing clay brick and/or stone building materials. The remainder of the building shall be constructed of color impregnated split-block or pre-fabricated decorative metal siding. Other durable, decorative building materials may be approved by the planning commission in instances where the character and style of the proposed structure warrants special consideration. The architecture and approved exterior finish of any building shall be complementary and compatible in style and be of uniform finish on all sides of its exterior when the site is adjacent to any non-industrial district. Within the industrial district, the architecture and approved front yard exterior finish shall be returned on the building side(s) a sufficient distance, as determined by the planning commission, to provide a continuous appearance from the street.

(b)

Site requirements. The following site requirements apply to the industrial district:

(1)

No part of any building, parking access and/or service area, loading/unloading, outdoor storage, gas tanks, or similar structure or facility may be located closer to any property line adjacent to a residential district than specified in the building setback requirements.

(2)

Outdoor storage areas shall be designated on the site plan. If no storage area is to exist on site, then the statement "A No Outdoor Storage Is Permitted on This Site" shall be placed on the site plan and shall be a signed certified statement to that effect by the owner. Outdoor storage areas shall be screened from abutting land zoned for residential use with an obscuring wall or fence and greenbelt, as determined appropriate by the planning commission.

(3)

General regulations and limitations on uses.

a.

Noise. Noise shall not exceed 65 decibels measured at the front site line and as measured at any site line that is adjacent to any BT, LC, GC, or CB commercial zone or any residential use or zoning district.

b.

Odors and gases. No noxious odors or gases shall be emitted which may be harmful or irritating to the public health and/or safety.

c.

Glare and heat. Glare and heat from arc welding, acetylene torch cutting or similar processes shall be shielded in such a manner as to prevent any danger or discomfort to persons outside of any building where such operation is being conducted.

d.

Vibration. Shall not cause a ground displacement exceeding 0.003 inch as measured at any site line of the premises and not detectable at any residential district boundary.

e.

Smoke. Emission of smoke shall not exceed the number 2 standard as established by the Ringlemann Chart for consecutive periods of four minutes in any 30 minutes.

f.

Dirt, dust and fly ash. The emission of dirt, dust and fly ash shall not exceed 0.3 grains per cubic foot of flue gas as measured at stack temperature of 500 degrees Fahrenheit with not to exceed 50 percent excess air. No haze shall be caused by such emission which would impair visibility.

g.

Radioactive materials. No radioactive materials shall be emitted in excess of standards established for human safety by the National Institute of Standards and Technologies.

h.

Power. Power utilized in any industrial activity shall be derived only from electrical energy or smokeless fuels containing less than 20 percent volatile content on a dry basis. Bituminous coal shall be fired only by mechanical equipment.

i.

Electrical Radiation. Electrical radiation shall not adversely affect at any point any operations or any equipment other than those of the creator of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling of operations is permitted.

j.

Waste. All sewage and industrial wastes shall be handled, stored, treated, and/or disposed of in compliance with all federal and State of Michigan laws and regulations.

k.

Bulk storage of flammable liquids, liquefied petroleum gases and the like shall be regulated by the City of New Baltimore Fire Code and the following restrictions:

1.

Above ground. Above ground storage of flammable liquids, liquefied petroleum gases and the like is not permitted unless a special land use permit is obtained under article X of this chapter.

2.

Underground storage. Bulk storage accessory to the principal use may be permitted underground provided that storage tanks shall be located not less than 50 feet from any site line of the premises.

l.

Storage. All outdoor storage shall require a special land use permit unless otherwise indicated in this chapter (section 60-235).

1.

Inside and underground storage other than junk: Such storage is permitted provided compliance is made with all applicable fire, safety and health regulations.

2.

Outside storage other than junk: No materials, goods, and/or supplies used in connection with or part of any industrial use shall be stored, located or deposited in a manner so as to obstruct or interfere with any roadway, driveway, or maneuvering lane on the premises which could be used as a means of access for fire-fighting equipment.

3.

Outside storage of junk and/or industrial waste incidental to an industrial use: Any such storage shall not exceed ten days and shall be completely enclosed within a tight, unpierced masonry, wood or metal fence and shall comply with the requirements of section 60-56 and/or 60-235.

(4)

Requirements for and limitations on equipment and machinery.

a.

Automatic screw machines. Such machines must be equipped with noise silencers or other sound absorbing devices and must not be located closer than 500 feet to any residential zoned district.

b.

Stamping machines, punch presses, press breaks and hydraulic presses shall not be located closer than 500 feet to any residential zoning district or developed residential site. All such machines shall be placed on shock absorbing mountings located on suitable reinforced concrete footings. No such machine shall be loaded beyond such capacity as may be prescribed by the manufacturer of the machine.

c.

Hammers, steam or board and hot forgings. No such machine or operation is permitted closer than 500 feet to any residential zoning district. Such machine or operation is other-wise permitted when placed on shock absorbing mountings located on a suitable reinforced concrete footing, all of which shall be completely enclosed within a masonry type building.

(Ord. No. 158, § 7.00, 9-22-2008)

(a)

General intent. The intent of the industrial district is to encourage and facilitate the development of industrial enterprise in a setting conducive to economic stability and growth, providing protection from blight, deterioration and nonindustrial encroachment, and efficient traffic movement for employee and truck traffic. Protection is provided to residential land uses by separating them from industrial activities and by prohibiting the use of industrial zones for new residential development.

(b)

Permitted uses.

(1)

Automobile repair and service centers.

(2)

Building material sales.

(3)

Contractors office with garages for indoor maintenance and indoor storage of equipment.

(4)

Manufacturing, compounding, processing, assembly and packaging facilities.

(5)

Municipal uses and buildings.

(6)

Offices, research and laboratories.

(7)

Public utility buildings, telephone exchange, transformer stations and substations, gas and oil pumping regulator and transfer stations, and propane depots.

(8)

Storage facilities for building materials, sand, gravel, lumber, or storage of contractor's equipment and materials, provided such is enclosed within a building or within an obscuring wall on those sides abutting residential, commercial or the streets.

(9)

Tool and die, gauge and machine shops.

(10)

Uses with locations restrictions to avoid secondary effects (section 60-67).

(11)

Warehousing and wholesaling establishments.

(12)

Medical marijuana and recreational marijuana facilities (subject to section 60-69 and only when located within the special facilities overlay, as noted in section 60-143 and displayed on the zoning map. The number of permitted facilities shall be as regulated in section 60-143 and chapter 12, article IX for medical marihuana and in chapter 12, article X for recreational marihuana.

(13)

Accessory buildings, structures and uses and accessory outside storage customarily incidental to any of the above uses. Outside storage shall be limited to currently licensed cars, trucks, and finished and semi-finished manufactured materials produced on the premises and equipment necessary as an accessory to the principal use, provided the following conditions are complied with:

a.

All storage shall begin behind the minimum front yard setback requirements.

b.

Obscuring screening shall be provided, as regulated in section 60-182.

c.

Whenever a different material is to be stored than that approved in the original request, a new approval shall be required from the planning commission.

d.

The planning commission shall also find, before granting this approval, it will not tend to further:

1.

Impair the adequate supply of light and air to adjacent property.

2.

Increase the hazard from fire, flood and other dangers.

3.

Diminish the market value of adjacent land and buildings.

4.

Increase the congestion on the public streets.

5.

Otherwise impair the public health, safety, comfort and general welfare.

(c)

Special land uses. The following buildings, structures and uses may be permitted by the city council, after a recommendation by the planning commission and subject to the special land use requirements (article X) and the following specific section for each use:

(1)

Retail business uses which have an industrial character in terms of their outdoor storage requirements or activities, such as lumber yards; building materials; boat, car, truck, mobile home, travel trailer or farm implement sales; tree and nursery sales.

(2)

Retail services to serve the needs of persons working in the industrial district, such as eating and drinking establishments, banks, automobile service stations, trade or industrial schools, medical clinics and offices.

(3)

Indoor commercial recreation, such as bowling centers, ice rinks, tennis courts, racquetball facilities, or dance studios which require very large buildings and large parking areas.

(4)

Airports, airfields, heliports, hangars, beacons and other facilities associated with airport operations.

(5)

Asphalt and concrete mixing plants.

(6)

Bulk storage of flammables and raw materials.

(7)

Contractor yards with outdoor storage.

(8)

Crematorium not accessory to a cemetery (section 60-218).

(9)

Heavy stamping, punching, hammering, riveting, grinding, or pressing operations.

(10)

Hospitals (section 60-242).

(11)

Junk yards (section 60-227).

(12)

Mining, extraction, landfills and incineration.

(13)

Outdoor storage (section 60-235).

(14)

Trucking operations, trucking facilities, and truck storage.

(15)

Wireless communication towers (section 60-239).

(16)

Any lawful use of land not expressly prohibited or provided for, or a use that has been deemed similar to a permitted shall be a special land use in the industrial zoning district.

_____

(d)

Area, height and placement requirements.

* Front and street-side building setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan as follows:

_____

(2)

Side yard: No side yard of less than ten feet in width shall be left between the lot line and building. Corner lot side yards must equal the setback required for the front yards on the street to which they side. If an exterior yard borders other than an industrial district, there shall be provided a yard setback of not less than 50 feet.

(3)

Rear yard (linear feet): 20 feet. No building shall be closer than 50 feet to the outer perimeter (property lines) of this district where said property lines abut any residential district, and such space shall only be used for the parking of individual passenger vehicles and/or small trucks.

(4)

There shall be a minimum distance of 20 feet between any two buildings on the same lot.

(Ord. No. 158, § 7.01, 9-22-2008; Ord. No. 213, § 3, 8-14-2017; Ord. No. 240, § 2, 2-8-2021; Ord. No. 248, § 8, 1-24-2022)

(a)

Legislative intent. In 2016, the Michigan Legislature enacted the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and the Marihuana Tracking Act, MCL 333.27901 et seq. The provisions in this section of the zoning ordinance, as well as those in other sections of the zoning ordinance relating to the subject of medical marihuana, are adopted for the purposes and with the intent set forth in City of New Baltimore Medical Marihuana Facilities Regulation and Permit Ordinance (being chapter 12, article IX) and sections of said ordinance incorporated within.

The intent of this section is to regulate medical marihuana provisioning centers, medical marihuana grower facilities, medical marihuana safety compliance facilities, medical marihuana secure transporters, and medical marihuana processor facilities to the extent permissible under State of Michigan and federal laws and regulations, and to protect the public health, safety, and welfare of the residents of the City of New Baltimore.

It is further the intent of this section to permit medical marihuana facilities within a specific area that is located entirely within the industrial (I) zoning district and the special facilities overlay boundary shall be shown on the City of New Baltimore Zoning Map.

Except

as may be required by law or regulation, it is not the intent of this section to diminish, abrogate, or restrict the protections for medical uses of marihuana found in the Michigan Medical Marihuana Act, the Medical Marihuana Facilities Licensing Act, and the Marihuana Tracking Act.

(b)

Permitted uses.

(1)

Medical marihuana facilities subject to the requirements of chapter 12, article IX and section 60-70, medical marihuana facilities.

a.

Medical marihuana grower facility: Two permits maximum for all of the permitted facilities in total combined:

Class A, 500 plants;

Class B, 1,000 plants;

Class C, 1,500 plants.

b.

Medical marihuana processing center: Two permits.

c.

Medical marihuana provisioning center: Two permits.

d.

Medical marihuana safety compliance facility: Two permits.

e.

Secured transporter facility: Two permits.

(2)

All uses otherwise permitted in section 60-142 (industrial district) shall be permitted in the special facilities overlay unless otherwise restricted or prohibited by chapter 12, article IX of the New Baltimore Code of Ordinances.

(c)

Area, height and placement requirements. Area, height and placement requirements shall be the same as section 60-142 unless otherwise modified by chapter 12 of the New Baltimore Code of Ordinances.

(d)

All other provisions that apply to any development in the industrial (I) district shall also apply to the special facilities (SF) overlay district unless otherwise modified, supplemented or excluded by chapter 12 of the City Code of New Baltimore.

(Ord. No. 230, § 2, 5-18-2020)