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Southfield City Zoning Code

ARTICLE 19

- LIGHT INDUSTRIAL DISTRICTS I-L

Sec. 5.175.- Intent.

The I-L, Light Industrial District is 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. It is also the intent of this article to encourage the development of planned industrial parks characterized by structural uses located on landscaped sites, served by adequate off-street parking and loading areas, without unsightly outdoor storage.

Sec. 5.176. - Uses permitted.

In all I-L, light industrial districts, no building or land, except as otherwise provided in this chapter, shall be erected or used except for one (1) or more of the following specified uses:

(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. The growing of any vegetation requisite to the conducting of basic research shall be excluded from the requirement of enclosure.

(2)

Research and office uses related to permitted industrial operations.

(3)

Any of the following uses when conducted wholly within a completely enclosed building:

(a)

Warehousing and wholesale establishments, tool, die, gauge and machine shops.

(b)

The manufacture, compounding, processing, packaging or treatment of such products as: cosmetics, pharmaceuticals, toiletries, food products, hardware and household supplies.

(c)

The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, sheet metal (excluding large stampings such as automobile fenders or bodies), ferrous and nonferrous metals (excluding large castings and fabrications), shell, textiles, tobacco, wax, wire, wood, (excluding saw and planing mills) and yarns.

(d)

The manufacture of pottery and figures 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 small, molded rubber products (not including pneumatic tires).

(f)

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

(g)

Laboratories - experimental, film or testing.

(4)

Warehouse, storage and transfer uses and electric and gas service buildings, public utility buildings, telephone exchange buildings, electrical transformer stations and substations and gas regulator stations, provided that outside storage is not permitted for any of these uses.

(5)

The parking of trucks and truck trailers incidental to any of the above permitted uses, not to exceed seven (7) continuous days.

(6)

Recreation centers, similar to bowling alleys, skating rinks, archery ranges, dance studios, amusement areas, arcades with a minimum of one hundred (100) gross square feet of floor area per machine and if located within a building or structure containing other uses, the amusement arcade shall be separated and segregated from such other uses by the means of approved walls, rails, fences or similar approved means as to specifically delineate the area in which said machines are to be located, the minimum square footage of floor area per machine being measured thereby, and similar forms of commercial recreation or amusement when conducted wholly within a completely enclosed building.

(7)

Accessory buildings and uses customarily incidental to any of the above permitted uses, not including outdoor storage.

(8)

Dark stores.

(9)

Ghost restaurants.

(10)

Data processing and computer centers.

(11)

Indoor recreation centers.

(Ord. No. 1549, § 1, 6-25-07; Ord. No. 1587, § 2, 11-6-11; Ord. No. 1745, § 11, 11-4-21)

Sec. 5.176-A. - Reserved.

Editor's note— Ord. No. 1549, adopted June 25, 2007, deleted § 5.176-A, which pertained to uses permitted subject to special approval and derived from Ord. No. 1524, adopted November 13, 2005.

Sec. 5.177. - Uses prohibited.

Manufacturing development which creates unusual danger from fire, explosions, toxic and noxious matter, radiation and other hazards and which cause noxious, offensive, unhealthful and harmful odors, fumes, dust, smoke, light, waste, noise or vibration is prohibited. The processing of raw material for shipment in bulk form, to be used in an industrial or commercial operation at another location, is prohibited.

Sec. 5.178. - Area and bulk regulations.

The area and bulk regulations shall be regulated as set forth in the "schedule of regulations" in article 22.

Sec. 5.179. - Uses permitted subject to special approval and licensing.

The following uses may be permitted upon the review and approval of the city council after a recommendation from the planning commission. The use or uses shall only be approved when the following uses may be permitted in the light industrial (I-L) zoning district upon the review and approval of the city council after a recommendation from the planning commission. The use or uses shall only be approved when the general standards have been satisfied and subject to the conditions hereinafter imposed.

(1)

Standards.

(a)

The proposed use or uses must be of such size and character that it will be in harmony with the appropriate and orderly development of the general business district.

(b)

The location, size, intensity and periods of operation of any such proposed use may be designed to eliminate any possible nuisance likely to emanate therefrom which might be adverse to occupants of any other nearby permitted uses.

(c)

The proposed use must be in accord with the spirit and purpose of this chapter and not be inconsistent with, or contrary to, the objectives sought to be accomplished by this chapter and principles of sound planning.

(d)

The proposed use is of such character and the vehicular traffic generated will not have an adverse effect, or be detrimental, to the surrounding land uses or the adjacent thoroughfares.

(e)

The proposed use is of such character and intensity and arranged on the site so as to eliminate any adverse effects resulting from noise, dust, dirt, glare, odor or fumes.

(f)

The proposed use, or change in use, will not be adverse to the promotion of the health, safety and welfare of the community.

(g)

The proposed use, or change in use, must be designed and operated so as to provide security and safety to the employees and the general public.

(2)

Uses.

(a)

Medical marijuana grower, processor or secure transporter facilities shall only be approved when the following conditions have been satisfied and all licensing provisions in chapter 86 have been met. This section promotes and protects the public health, safety and welfare and mitigates potential deleterious impacts to surrounding properties and persons and conforms with the policies and requirements of the Michigan Medical Marihuana Act, P.A. 2008, Initiated Law 1 (MMMA), MCL 333.26421, et seq. (hereinafter "MMMA"), as amended. A use which purports to have engaged in the medical use of marihuana either prior to enactment of said Act, or after enactment of said Act but without being legally registered by the department, shall be deemed to not be a legally established use, and therefore not entitled to legal non-conforming status under the provisions of city ordinance and/or state law. The fundamental intent of this section is to facilitate a private and confidential qualified patient and primary caregiver relationship whereby the cultivation, distribution and use of marihuana is strictly for medical purposes. Accordingly, this section permits authorization for activity in compliance with the MMMA. Nothing in this section shall be construed as allowing a person or persons to engage in conduct that endangers others or causes a public nuisance, or to allow use, cultivation, growth, possession or control of marihuana not in strict accordance with the express authorizations of the MMMA and this section; and, nothing in this section shall be construed to undermine or provide immunity from federal law as it may be enforced by the federal or state government relative to the cultivation, distribution, or use of marihuana. A medical marijuana facility shall be subject to the following conditions:

(1)

Any parcel within five hundred (500) feet of a residentially zoned district or "drug-free school zone"; any parcel within five hundred (500) feet of a parcel that contains a house, adult regulated use, school, church, child care facility or park; and any parcel within one thousand five hundred (1,500) feet to any pawn shops or alternative financial services establishment, shall not qualify for a medical marihuana facility.

(2)

A State of Michigan registry identification card and a valid license issued pursuant to chapter 86 of the Southfield City Code is required for all medical marihuana facilities operated by a primary caregiver. If the primary caregiver is not the owner of the premises, then consent must be obtained in writing from the property owner to ensure the owner's knowledge of the use.

(3)

Licenses issued pursuant to chapter 86, in addition to any state issued license, permit or certification shall be conspicuously posted on the premises.

(4)

Usable marihuana on site, when not actively distributed, shall be kept or stored within an indoor enclosed locked facility accessible only to caregivers and/or qualifying patients, as permitted under article II, definitions.

(5)

Marihuana, if cultivated on site, shall be kept within an indoor enclosed locked facility as defined in article II, definitions, of this chapter.

(6)

Consumption of marihuana on the premises is prohibited.

(7)

There shall be no outdoor, open use or display of marihuana upon the licensed premises.

(8)

A medical marihuana facility shall distribute marihuana for medical use only as authorized and in the manner permitted by the Michigan Medical Marihuana Act P.A. 2008, as amended.

(9)

No more than five (5) qualified patients per primary caregiver. The amount of usable marihuana stored at the medical marihuana facility for each patient shall be limited to: two and one-half (2.5) ounces of usable marihuana (excludes seeds, stalks, and roots) and twelve (12) marihuana plants kept in an indoor enclosed locked facility as defined under the Michigan Medical Marihuana Act P.A. 2008, as amended and as noted by the licensing requirements of chapter 86. The medical marihuana facility shall be subject to periodic and unannounced inspections to ensure compliance with all applicable laws and regulations, including, but not limited to state law and city ordinances.

(10)

Hours of operations permitted: Monday—Friday: 9:00 a.m.—9:00 p.m.; Saturday: 9:00 a.m.—6:00 p.m.; Sunday: 10:00 a.m.—6:00 p.m.

(11)

Minimum distance from one (1) medical marihuana facility to another shall be two hundred fifty (250) feet.

(12)

Drive-thru facilities shall be prohibited.

(13)

Security and lighting: A security and lighting plan shall be submitted for review and approval by the city planning and building departments.

(14)

A conspicuous sign(s) shall be posted stating that "no loitering is permitted" on such property.

(15)

Entry into the premises by persons under the age of eighteen (18) is prohibited unless they are a qualifying patient and accompanied by a parent or legal guardian.

(16)

The location from which a primary caregiver manufacturers, stores and distributes medical marihuana to a qualifying patient shall not be used by another primary caregiver for any purpose whatsoever.

(17)

Electrical, plumbing and all other inspections required by city ordinance, must be obtained and all necessary permits must be obtained confirming that all lights, plumbing, equipment and all other means proposed to be used to facilitate the growth or cultivation of marihuana plants is in conformance with all applicable codes; prior to the commencement of operation as a medical marihuana facility.

(18)

Caregiver activity shall not be advertised as, or permitted to operate as a "medical marihuana provisioning center", "safety compliance facility", "dispensary," "compassion club", "clinic" or "hospital." A qualified caregiver and any other person authorized under the MMMA to assist patients, if any, shall distribute medical marihuana only on a confidential, one (1) to one (1) basis, with no other caregivers being present at the approved facility, provided, however, that a qualified patient's immediate family members or guardian may be present.

(19)

Nothing is this section shall permit or be construed or interpreted to permit a medical marihuana dispensary, provisioning center, safety compliance facility, or compassion club, and those or similar activities or uses are expressly prohibited hereunder.

(b)

Adult-use marijuana grower, processor or secure transporter establishments subject to the requirements of article 4, section 5.22-8.

(c)

Kennel, subject to the following conditions:

(1)

The facility must have an enclosed outdoor run or play area that is designed to prevent objectionable noise or odor.

(2)

All interior operations must have closed windows and maintained air conditioning to limit noise.

(d)

Pet daycare, subject to the following conditions:

(1)

The facility must have an enclosed outdoor run or play area that is designed to prevent objectionable noise or odor.

(2)

All interior operations must have closed windows and maintained air conditioning to limit noise.

(Ord. No. 1637, § 2, 4-5-15; Ord. No. 1709, § 10, 10-3-19; Ord. No. 1722, § 1, 7-31-20; Ord. No. 1745, § 11, 11-4-21; Ord. No. 1763, § 6, 1-23-23)

Sec. 5.180. - Landscaping.

Landscape plans and green infrastructure/low impact development methods required per article 4section 5.31(21)(b).

(Ord. No. 1678, § 14, 7-6-17)