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Owosso City Zoning Code

ARTICLE VII

I-1 LIGHT INDUSTRIAL DISTRICTS

Sec. 38-110.- Intent.

The I-1 light industrial districts are designed so as to primarily accommodate wholesale activities, warehouses and industrial operations whose external, physical effects are restricted to the area of the district and in no manner affect in a detrimental way any of the surrounding districts. The I-1 districts are so structured as to permit, along with any specified uses, the manufacturing, compounding, processing, packaging, assembly and/or treatment of finished or semi-finished products from previously prepared material. It is further intended that the processing of raw material for shipment in bulk form, to be used in an industrial operation at another location, not be permitted. The general goals of these use districts include, among others, the following specific purposes:

(1)

To provide sufficient space, in appropriate locations, to meet the needs of the city's expected future economy for all types of manufacturing and related uses;

(2)

To protect abutting residential districts by separating them from manufacturing activities, and by prohibiting the use of such industrial areas for new residential development;

(3)

To promote manufacturing development which is free from danger of fire, explosions, toxic and noxious matter, radiation and other hazards, and from offensive noise, vibration, smoke, odor and other objectionable influences;

(4)

To promote the most desirable use of land in accordance with a well-considered plan. To protect the character and established pattern of adjacent development, and in each area to conserve the value of land and buildings and other structures, and to protect the city's tax revenue.

(Ord. No. 844, § 2, 3-18-24)

Sec. 38-111. - Principal uses permitted.

In an I-1 district, no building or land shall be used and no building shall be erected except for one (1) or more of the following specified uses unless otherwise provided in this chapter and subject further to the review and approval of the site plan by the planning commission in accordance with Article XIII, Site Plan Review:

(1)

Any use charged with the principal function of basic research, design and pilot or experimental product development when conducted within a completely enclosed building;

(2)

Any of the following uses when the manufacturing, compounding or processing is conducted wholly within a completely enclosed building. That portion of the land used for open storage facilities for materials or equipment shall meet the requirements of section 38-35 or Article XVII;

a.

Warehousing and wholesale establishments, and trucking facilities;

b.

The manufacture, compounding, processing, packaging or treatment of such products such as, but not limited to, bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery, tool, die, gauge and machine shops;

c.

The manufacture, compounding, assembling, or treatment of articles or merchandise from previously prepared materials: bone, canvas, cellophane, cloth, cork, elastomers, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, rubber, precious or semi-precious metals or stones, sheet metal, shell, textiles, tobacco, wax, wire, wood and yarns;

d.

The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;

e.

Manufacture of musical instruments, toys, novelties and metal or rubber stamps, or other molded rubber products;

f.

Manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs;

g.

Laboratories—experimental, film or testing;

h.

Manufacturing and repair of electric or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves and the like;

i.

Central dry cleaning plants or laundries provided that such plants shall not deal directly with consumer at retail;

j.

All public utilities, including buildings, necessary structures, storage yards and other related uses.

(3)

Warehouses, storage and transfer and electric and gas service buildings and yards; public utility buildings, telephone exchange buildings, electrical transformer stations and substations, and gas regulator stations; water supply and sewage disposal plants; water and gas tank holders; railroad transfer and storage tracks; railroad rights-of-way; freight terminals;

(4)

Storage facilities for building materials, sand, gravel, stone, lumber, storage of contractor's equipment and supplies, provided such is enclosed within a building or within a solid wall or fence that meets the requirements of section 38-35 Article II General Provisions Fences, Hedges, Walls;

(5)

Municipal uses such as water treatment plants, and reservoirs, sewage treatment plants, and all other municipal buildings and uses, including outdoor storage;

(6)

Commercial kennels;

(7)

Other uses of a similar and no more objectionable character to the above uses;

(8)

Accessory buildings and uses customarily incident to any of the above permitted uses;

(9)

Residential structures existing as of January 1, 2012;

(10)

A marijuana provisioning center, grower, processor, safety compliance facility or secure transporter as authorized by the city's medical marijuana facilities licensing—police power authorizing ordinance;

a.

Any uses or activities found by the state or a court with jurisdiction to be unconstitutional or otherwise not permitted by state law may not be permitted by the city. In the event that a court with jurisdiction declares some or this entire article invalid, then the city may suspend the acceptance of applications for medical marijuana facilities licenses pending the resolution of the legal issue in question.

b.

The use or facility must be at all times in compliance with all other applicable laws and ordinances of the city and state.

c.

The city may suspend or revoke a medical marijuana facilities license based on the finding that the provisions of the Medical Marijuana Facilities Licensing Act, all other applicable provisions of this zoning section, the city's police power authorizing ordinance or the approved site plan are not met.

d.

A marijuana facility, or activities associated with the licensed growing, processing, testing, transporting, or sales of marijuana, may not be permitted as a home business or accessory use nor may they include accessory uses except as otherwise provided in this chapter.

e.

Signage requirements for marijuana facilities, unless otherwise specified, are as provided in chapter 26, signs.

(11)

Marijuana growers, processors, safety compliance facilities or secure transporters as authorized by the city's medical marijuana facilities licensing—police power authorizing ordinance shall be subject to the following standards:

a.

Minimum yard depth/distance from lot lines. Minimum yard depth/distance from lot lines shall adhere to measurement requirements as listed in Article XVI—schedule of regulations for each zoning designation as listed.

b.

Indoor growing and processing. In the I-1 light industrial district, marijuana growing shall be located entirely within a fully enclosed, secure, indoor facility with rigid walls, a roof, and doors. Marijuana processing shall be located entirely within one (1) or more completely enclosed buildings.

c.

Maximum building floor space. The following maximum building floor space shall apply in the I-1 light industrial district:

1.

If only a portion of a building is authorized for use in marijuana growing or processing, a partition wall at least seven (7) feet in height, or a height as required by the applicable building codes, whichever is greater, shall separate the marijuana growing or processing space from the remainder of the building. A partition wall must include a door, capable of being closed and locked, for ingress and egress between the marijuana growing or processing space and the remainder of the building.

d.

Lighting. Lighting shall be regulated as follows:

1.

Light cast by light fixtures inside any building used for marijuana growing or marijuana processing shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. the following day.

2.

Outdoor marijuana grow lights shall not be illuminated from 7:00 p.m. to 7:00 a.m. the following day.

e.

Odor. As used in this subsection, building means the building, or portion thereof, used for marijuana growing or marijuana processing.

1.

The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.

2.

The filtration system shall consist of one (1) or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three (3). The filter(s) shall be rated for the applicable CFM.

3.

The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every three hundred sixty-five (365) days.

4.

Negative air pressure shall be maintained inside the building.

5.

Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building.

6.

An alternative odor control system is permitted if the applicant submits and the municipality accepts a report by a mechanical engineer licensed in the state demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required. The municipality may hire an outside expert to review the alternative system design and advise as to its comparability and whether in the opinion of the expert it should be accepted.

f.

Security cameras. Security cameras must be used and shall be directed to record only the subject property and may not be directed to public rights-of-way as applicable, except as required to comply with licensing requirements of the state. Recordings shall be kept for ninety (90) days.

g.

Buffer zones. A marijuana grower, processor, safety compliance facility, or secure transporter may not be located within the distance specified from the uses below as determined by the city. Distance shall be measured as stipulated in the Michigan Liquor Control Act as follows:

1.

A marijuana grower, processor, safety compliance facility, or secure transporter may not be located within two hundred (200) feet of the real property comprising or used by a public or private elementary, vocational, or secondary school. The distance between the school building and the marijuana grower, processor, safety compliance facility, or secure transporter must be measured along the center line of the street or streets of address between two (2) fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the part of the school building nearest to the marijuana grower, processor, safety compliance facility, or secure transporter and from the part of the marijuana grower, processor, safety compliance facility, or secure transporter nearest to the school building.

2.

A marijuana grower, processor, safety compliance facility, or secure transporter may not be located within one hundred (100) feet of a residentially zoned structure. The distance between the residential zoned structure and the marijuana grower, processor, safety compliance facility, or secure transporter must be measured along the center line of the street or streets of address between two (2) fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the part of the residentially zoned structure nearest to the marijuana grower, processor, safety compliance facility, or secure transporter and from the part of the marijuana grower, processor, safety compliance facility, or secure transporter nearest to the residentially zoned structure.

3.

A marijuana grower, processor, safety compliance facility, or secure transporter may not be located within one hundred (100) feet of a vacant residentially zoned parcel. The distance between the residential zoned vacant parcel and the marijuana grower, processor, safety compliance facility, or secure transporter must be measured along the center line of the street or streets of address between two (2) fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the intersection of the minimum front or rear yard and side yard setback requirement nearest to the marijuana grower, processor, safety compliance facility, or secure transporter and from the part of the marijuana grower, processor, safety compliance facility, or secure transporter nearest to the intersection of the minimum front or rear yard and side yard setback requirement.

(Ord. No. 844, § 2, 3-18-24)

Sec. 38-112. - Principal uses permitted subject to special conditions.

The following uses shall be permitted in an I-1 district, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the council:

(1)

Auto engine and body repair, and undercoating shops when completely enclosed;

(2)

Lumber and planning mills when completely enclosed and when located in the interior of the district so that no property line shall form the exterior boundary of the I-1 district;

(3)

Metal plating, buffing and polishing, subject to appropriate measures to control the type of process to prevent noxious results and/or nuisances;

(4)

Business uses which have an industrial character in terms of either their outdoor storage requirements or activities (such as, but not limited to, lumber yard, building materials, outlet, upholsterer, cabinet maker, outdoor boat, house trailer, automobile garage or agricultural implement sales) or serve convenience needs of the industrial district (such as, but not limited to, eating and drinking establishments, bank, savings and loan association, credit union, automobile service station, motel or bowling alley, trade or industrial school or industrial clinic);

(5)

Other uses of a similar character to the above uses.

(Ord. No. 844, § 2, 3-18-24)

Sec. 38-113. - Area and bulk requirements.

All uses within the light industrial district shall adhere to the following area, height, bulk, and placement regulations:

Light Industrial District
Lot Size
Minimum area (square feet)
Minimum width (lot frontage in feet)
Building Setbacks (in feet)
Front yard (minimum) 2 20
Building Side yard (minimum)
Least one 15
Total two 30
Building Rear yard (minimum) 20
Building Height
Stories (maximum)
Feet (maximum) 40
Parking Setbacks (in feet)
Front (between parking and front lot line) 20
Side 10
Rear 10 (20 if adjacent to residential)

 

Footnotes for section 38-113 schedule limiting height, bulk, density and area:

(a)

Refer to Article XVII, landscape standards and tree replacement for required setback and buffering based on adjacent zoning districts.

(b)

All yard areas shall be lawn, ground cover or living landscape plant materials, except for access drives, sidewalks, bike paths, architectural features, permitted accessory buildings and essential service facilities.

(c)

Refer to section 38-53, projections into yards.

(d)

Refer to subsection 38-183, off-street parking space design and setback requirements

2Front yard requirements in accordance with section 38-37, front yard requirements. Front yard setback reductions are permitted as follows:

(a)

Where the front yards for existing main buildings in the vicinity of, and in the same zoning districts as a subject lot are less than the required front yard for the zoning district of the subject lot, the required front yard for the subject lot shall be no less than ninety (90) percent and no more than one hundred thirty-five (135) percent of the average established front setback of existing main buildings on the same side of the street and entirely or partially within three hundred (300) feet of the side lot lines of the subject lot, subject to subsections b. and c. below.

(b)

The front yard setback reduction shall only be permitted if there are two (2) or more lots occupied by main buildings within the area described in subsection a, above, for computing the average front yard.

(c)

In no case shall the required front yard resulting from the application of subsection a & b, above, be less than fifteen (15) feet.

(Ord. No. 844, § 2, 3-18-24)

Sec. 38-114. - Site development requirements.

All principal uses and special land uses are subject to the following site development requirements:

(1)

Article II: General provisions.

(2)

Article XIII: Site plan review.

(3)

Article XV: Off-street parking and loading standards.

(4)

Article XVI: Access management and driveway standards.

(5)

Article XVII: Landscape standards and tree replacement.

(6)

Article XVIII: Lighting standards.

(7)

Article XX: Signs.

(Ord. No. 844, § 2, 3-18-24)