(1)

Uses related to manufacturing.

(2)

Any use charged with the principal function of basic research, design and pilot or experimental product development when conducted within a completely enclosed building, including medical research and alternative energy facilities.

(3)

Film industry studios, recreation centers similar to bowling alleys, skating rinks, archery ranges, dance studios, amusement areas, inflatable play places, gymnasiums, court sports facilities and similar forms of commercial recreation or amusement when conducted wholly within a completely enclosed building

(4)

Information technology centers and general office related to an industrial or manufacturing operation.

(5)

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

(6)

Accessory buildings and uses customarily incidental to any of the above permitted uses.

(7)

Restaurants without drive-thrus.

(Ord. No. 1075, 12-7-81; Ord. No. 1664, § 2, 9-8-16)

Any use not expressly permitted or permitted with special use approval is strictly prohibited within the (I-1) district, including medical marihuana facilities.

(Ord. No. 1664, § 2, 9-8-16)

The following uses may be permitted in the industrial (I-1) zone as a special land use after recommendation by the planning commission and after a public hearing by the city council which may deny, approve, or approve with conditions, the request for a special land use based upon the standards and requirements following.

(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 industrial districts (I-1).

(b)

The location, size, intensity and periods of operation of any such proposed use must be designed to eliminate any possible nuisance likely to emanate therefrom which must 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 that 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.

(2)

Uses.

(a)

The following special land uses only shall be allowed on properties with frontage on Telegraph Road:

1.

Stores of a generally recognized retail nature which supply commodities on the premises such as, but not limited to: groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing, notions and hardware.

2.

Wholesale establishments.

3.

Restaurants with drive-thrus.

4.

Self-storage or warehousing use not related to an industrial or manufacturing operation.

5.

New and used vehicle dealers (class A: new vehicle dealer and class B: used vehicle dealer):

a.

Banners, balloons, balloon structures, portable signs, streamers, flags, other than United States or State of Michigan designations, vehicles or persons displaying advertising signage as a means of advertising vehicles for sale on the property is strictly prohibited.

6.

Dry cleaning and laundry establishments including plants.

7.

Transportation service providers (emergency vehicle dispatch, taxi, limousine, private or charter buses).

8.

Medical marihuana secure transporter (see article 4, section 5.22-7 for requirements).

9.

Small box retail subject to the following conditions:

a.

Cannot be located any nearer that one (1) mile (5,280 linear feet) as measured from property line to property line to any other small box retail location.

b.

Hours of operation are limited to 8:00 a.m. to 10:00 p.m.

c.

Any small box retail location approved prior to the effective date of this section shall be considered a legal nonconforming use.

10.

Automobile and truck leasing and rental offices, provided that:

a.

The area designated for the leasing or rental of automobiles and vans only shall not exceed the number of parking spaces available on the site in excess of parking requirements of article 4, section 5.30, off-street parking requirements.

b.

The parking area for the vehicles for lease or rental shall not be located in areas that are required for tenant parking, aisleways, loading, landscaping, sidewalks, or required setbacks.

c.

All vehicles shall be licensed, operable, and in good physical condition.

d.

The firm, company, or agent's office for the leasing of said vehicles is located on the premises, and further, said use shall be accessory to the permitted uses within this district.

11.

Kennel, subject to the following conditions:

a.

The facility must have a dog run or play area that is designed to prevent objectionable noise or odor.

b.

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

12.

Pet daycare, subject to the following conditions:

a.

The facility must have a dog run or play area that is designed to prevent objectionable noise or odor.

b.

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

13.

Heavy equipment rental and sales, provided that:

a.

The outdoor storage areas designated for rental or sales of heavy equipment shall not displace the customer and employee parking spaces required per article 4, section 5.30, off-street parking requirements.

b.

The parking area for the equipment for rental or sales shall not be located in areas that are required for drive aisles, loading, landscaping, sidewalks, or required setbacks.

c.

All equipment shall be operable and in good physical condition.

d.

All equipment storage and service on the premises shall be accessory to the permitted equipment rental and sales use.

e.

The firm, company, or agent's office for the rental or sale of said equipment is located on the premises, and further, said offices shall be accessory to the permitted equipment rental and sales use.

f.

Access shall only be via a major thoroughfare as defined in article 2 definitions.

g.

A minimum lot area of three (3) acres shall be provided.

h.

Outside storage shall be permitted in accordance with Ordinance requirements per section 5.28.

i.

Any and all service work shall be performed within a completely enclosed building.

j.

Parking, screening and landscaping shall be provided in accordance with the requirements of the zoning ordinance.

k.

The ground surface of off-street parking and loading spaces shall be paved per the requirements of section 5.31(16) to protect the surrounding uses from inappropriate dust and other disturbances.

l.

No motor vehicles or equipment shall operate or run idle between the hours of 10:30 p.m. and 6:00 a.m. within one hundred (100) feet of a residential district boundary or residential property line.

(b)

The following special land uses only shall be allowed on properties with at least one hundred-foot wide frontage on W Eight Mile Road:

1.

Contractor offices with or without ancillary showroom and storage use including landscape contractor's offices and yards.

2.

Self-storage or warehousing use not related to an industrial or manufacturing operation.

3.

Automotive repair, salvage facility, junk yard or junk storage.

4.

Any use which requires the following dealer license(s) from the State of Michigan:

a.

Class C: Used vehicle parts dealer

b.

Class F: Vehicle scrap metal processor

c.

Class G: Vehicle salvage pool

d.

Class E: Distressed vehicle transporter

e.

Class W: Wholesaler

5.

Crematorium.

a.

Crematorium buildings shall not be located closer than three hundred (300) feet to any residential district measured from the closest point of the building to the nearest residential district boundary line.

b.

Bodies to be cremated shall not be stored or kept on the premises for a period exceeding fourteen (14) calendar days.

c.

Any building used as a crematorium shall provide an auxiliary means of electrical service in the event of a power failure.

d.

Any crematorium shall, at all times, be operated in full compliance with any and all applicable laws and regulations.

6.

Dry cleaning and laundry establishments including plants.

7.

Transportation service providers (emergency vehicle dispatch.

8.

Transportation service providers (emergency vehicle dispatch, taxi, limousine, private or charter buses).

a.

No motor vehicles shall run idle on the property between the hours of 10:30 p.m. and 6:00 a.m. each day.

9.

Motor freight depots, trucking terminals, or trucking dispatch centers.

a.

Access shall only be via a major thoroughfare as defined in Article 2 Definitions.

b.

The applicant shall submit credible evidence of the provisions to be made to minimize harmful or unpleasant effects (noise, odors, fumes, glare, vibration and smoke).

c.

A minimum lot area of three (3) acres shall be provided.

d.

All buildings and parking facilities shall be located a minimum of one hundred (100) feet from all property lines.

e.

Outside storage shall be permitted in accordance with ordinance requirements.

f.

Any and all service work shall be performed within a completely enclosed building.

g.

Parking, screening and landscaping shall be provided in accordance with the requirements of the zoning ordinance.

h.

The ground surface of off-street parking and loading spaces shall be paved with asphalt or concrete to protect the surrounding uses from inappropriate dust and other disturbances.

i.

No motor vehicles shall run idle on the property between the hours of 10:30 p.m. and 6:00 a.m. each day.

j.

No trucks shall operate between the hours of 10:30 p.m. and 6:00 a.m. within one hundred (100) feet of a residential district boundary or residential property line.

10.

Recycling centers and refuse haulers.

11.

Sexually oriented business.

a.

See article 4section 5.50 sexually oriented business for requirements and conditions.

b.

The city council may waive the location provision if the following findings are made:

i.

That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed.

ii.

That the character of the area shall be maintained.

iii.

That all applicable regulations of this chapter will be observed.

iv.

That no sexually oriented business is located within two thousand (2,000) feet (610 meters) of the proposed location.

12.

Cabaret.

a.

An establishment which wherein food and any type of alcoholic beverage is sold or given away on the premises and the operator holds a yearly license to sell such beverages by the glass and which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, exotic dancers, male and/or female impersonators or similar entertainers, or topless and/or bottomless waitpersons or employees.

b.

Purpose. Recognizing that because of their nature, some uses have objectionable operational characteristics, especially when concentrated in small areas, and recognizing that such uses may have a harmful effect on adjacent areas, special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations, and uses subject to these regulations, are as follows:

i.

It shall be unlawful to establish any cabarets except in the B-3 (general business) and I-1 (industrial) districts.

ii.

No such uses may be permitted in the I-1 industrial district within one thousand (1,000) feet (305 meters) of any residential district measured from the lot line of the location of the proposed use.

iii.

The city council may waive this location provision if the following findings are made:

a.

That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed.

b.

That the character of the area shall be maintained.

c.

That all applicable regulations of this chapter will be observed.

d.

That no cabaret is located within two thousand (2,000) feet (610 meters) of the proposed location.

c.

Anything herein to the contrary notwithstanding, the city council shall not consider the waiver of the locational requirements as hereinabove set forth until a petition shall have been filed with the city clerk and verified as to sufficiency. Such petition shall indicate approval of the proposed regulated use by fifty-one (51) percent or more of the persons owning property within a radius of one thousand (1,000) feet (305 meters) of the location of the proposed use as measured from the lot line. The petitioner, or his agent, shall attempt to contact all eligible property owners within this radius and must maintain a list of all addresses at which no contact was made.

i.

The petition hereinabove required shall contain an affidavit signed by the party circulating such petition attesting to the fact that the petition was circulated by him and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon and that the circulator verily believes that the signers of such petition are persons owning property within one thousand (1,000) feet (305 meters) of the premises mentioned in said petition. Such petition shall also comply with such other rules and regulations as may be promulgated by the city council.

13.

Heavy equipment rental and sales, provided that:

a.

The outdoor storage areas designated for rental or sales of heavy equipment shall not displace the customer and employee parking spaces required per article 4, section 5.30, off-street parking requirements.

b.

The parking area for the equipment for rental or sales shall not be located in areas that are required for drive aisles, loading, landscaping, sidewalks, or required setbacks.

c.

All equipment shall be operable and in good physical condition.

d.

All equipment storage and service on the premises shall be accessory to the permitted equipment rental and sales use.

e.

The firm, company, or agent's office for the rental or sale of said equipment is located on the premises, and further, said offices shall be accessory to the permitted equipment rental and sales use.

f.

Access shall only be via a major thoroughfare as defined in article 2 definitions.

g.

A minimum lot area of three (3) acres shall be provided.

h.

Outside storage shall be permitted in accordance with ordinance requirements per section 5.28.

i.

Any and all service work shall be performed within a completely enclosed building.

j.

Parking, screening and landscaping shall be provided in accordance with the requirements of the zoning ordinance.

k.

The ground surface of off-street parking and loading spaces shall be paved per the requirements of section 5.31(16) to protect the surrounding uses from inappropriate dust and other disturbances.

l.

No motor vehicles or equipment shall operate or run idle between the hours of 10:30 p.m. and 6:00 a.m. within one hundred (100) feet of a residential district boundary or residential property line.

(c)

The following special land uses shall be allowed on properties with frontage on W Eight Mile Road:

1.

Medical marihuana grower, processor and secure transporter (see article 4, section 5.22-7 for requirements).

2.

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

(d)

The following special land uses shall be allowed on properties with frontage on either Telegraph Road or W Eight Mile Road:

1.

Oil and gas wells/oil and gas development.

a.

Findings.

i.

The city council finds that Southfield is a community with significant environmentally sensitive areas that is largely residential, developed and suburban and is home to more than one thousand one hundred (1,100) acres of wetlands, twenty-nine (29) acres of ponds, seven (7) acres of lakes and sixteen thousand eight hundred eighteen (16,818) acres of watershed areas between the Rouge River Watershed and Clinton River Watershed; and contains unique natural features such as over two thousand three hundred eighty-five (2,385) acres of protected woodland, wildlife habitats, walking trails, paths, and other environmentally sensitive areas.

ii.

The city has a longstanding tradition of protecting environmentally sensitive areas as exemplified by its Wetland and Watercourse Protective Ordinance enacted on January 31, 1991, and its Woodland and Tree Preservation Ordinance enacted on August 26, 1991, and the establishment and development of the Carpenter Lake Nature Preserve and the Valley Woods Wetland Restoration Project. Additionally, the city employs a well-trained staff charged with protecting and enhancing the natural environment by implementing active programs in woodland and wetland protection, environmental education and planning, soil erosion and sediment control, solid waste management, nuisance and blight abatement and eradication.

iii.

Preservation of environmentally sensitive areas shall be and is necessary to maintain hydrologic, economic, recreational and aesthetic assets for existing and future residents of the city.

iv.

The development of innovative methods of gas and oil exploration and extraction, has resulted in oil and gas development activities appearing in areas that traditionally have not been areas subject to oil and gas activities, such as densely populated, largely residential suburban cities in Michigan.

v.

Residents in cities across the nation and in Michigan have experienced the adverse secondary impacts of oil and gas activities where oil and gas development activities have occurred near or adjacent to residential uses.

vi.

The adverse secondary impacts of gas and oil exploration and extraction experienced by residents living nearby or adjacent to oil and gas development activities include obnoxious odors and lights; excessive noise; air, soil and water contamination; contaminated drinking wells; excessive dust, traffic and debris; off pad soil erosion; local road deterioration; and wildlife habitat impacts; all adversely affecting the residential quality of life and natural resources of the city.

vii.

Based on recent experiences in Michigan cities, it is recognized that state statutes and regulations do not adequately protect the health, safety and welfare of city residents, local natural resources and the community from the adverse impacts of oil and gas activities, thereby necessitating local regulation under the city's zoning authority and general police powers of oil and gas development activities and all secondary impacts.

viii.

The Michigan Zoning Enabling Act authorizes and empowers a local unit of government to provide by zoning ordinance for the regulation of land development and the establishment of one (1) or more districts within its zoning jurisdiction which regulate the use of land and structures to meet the needs of the state's citizens for food, fiber, energy, and other natural resources, places of residences, recreation, industry, trade, service, and other uses of land, to ensure that the use of land is situated in appropriate locations and relationships, and to promote the public health, safety and welfare.

ix.

The state constitution and statutes authorize the city to adopt resolutions and ordinances relating to municipal concerns to protect the public health, safety and welfare of its residents; to regulate activities that cause nuisances; to regulate activities or industries that impede upon others' quality of life, property values, and health, safety and public welfare; and to protect and preserve natural resources of the community.

x.

Federal, state, and local laws impose a substantive duty on the city pursuant to its police powers and authority to prevent or minimize likely degradation of the air, water, and local natural resources held in the public trust.

xi.

Convincing evidence of the adverse secondary impacts of oil and gas development activities have been presented to the city in public meetings, hearings, in articles, from experiences of neighboring communities, and studies, reports and court cases made available to the city.

xii.

It is an established legal principle that a municipality may rely on studies, reports, and experiences and evidence generated by other communities of the adverse secondary impacts of certain establishments, so long as whatever evidence that the municipality relies upon is reasonably believed to be relevant to the problem that the municipality addresses. (Renton v. Playtime Theatres, Inc., 475 U.S. 41).

xiii.

The courts have recognized that an ordinance furthers a substantial government interest by regulating adverse secondary impacts of certain establishments. (City of L.A. v. Alameda Books, Inc.), 535 U.S. 425.

xiv.

Courts have further recognized that proper exercise of police power is to relegate industrial establishments to locations separated from residential sections. (Village of Euclid, Ohio v. Amber Realty Co.,) 272 U.S. 365 (1926).

xv.

The reports, studies and evidence presented to the city support the finding that oil and gas exploration, extraction and development is an industrial activity that is associated with a wide variety of adverse secondary impacts including but not limited to the following: industrial operations that run twenty-four (24) hours a day; obnoxious night-time light emitted off site; obnoxious hydrocarbon odors and/or hydrogen sulfide bearing gases emitted off site; obnoxious industrial noise emitted off site; excessive vibrations emitted off site; dust emitted off site; scattered debris on site that does not meet site maintenance standards of the community; truck traffic impeding flow of traffic and endangering pedestrian and non-motorized travel within the community; excessive truck traffic resulting in accelerated damage to roads within the community; activities that disrupt wildlife and wildlife habitats; activities near public parks that impact the natural ecosystem and quiet enjoyment of nature paths, trails, and wildlife habitats; withdrawal of groundwater resulting in reducing the volume or amount of well water serving residential properties; withdrawal of groundwater resulting in impacts to the interconnected lakes, streams, ponds and wetlands within the community; contamination of groundwater, surface water and drinking water supplies; contamination of environmentally sensitive areas; off-site soil erosion that causes nutrient degradation, pollution, and wildlife habitat impacts; activities that impact the natural course and flow of storm water runoff; environmental consequences from the storage and disposal of wastewater on site; environmental consequences from the loading, unloading and off-site transport of waste and products; environmental consequences of wells and pipelines within, or in close proximity to protected wetlands, woodlands and environmentally sensitive areas within the city; and violations of provisions of the city's legally required master plan by forcing industrial conditions in residentially zoned areas.

b.

Purposes. As a result of the findings set forth herein and otherwise considered, the city council has determined that it is necessary to provide for the reasonable establishment of land for oil and gas development while providing adequate and appropriate health, safety, and welfare protection of Southfield residents. Accordingly, it is necessary and appropriate to adopt reasonable requirements for oil and gas development and the appropriate zoning district(s) within which oil and gas wells and oil and gas development activities are permitted so that these resources can be obtained in a manner than protects the environment, protects residential properties and residential property values, and mitigates associated negative impacts. The ordinance from which this section is derived is adopted pursuant to the powers granted to municipalities as set forth in article 7, section 7 of the state constitution, and the powers given to municipalities to protect the public health, safety and welfare through the Home Rule City Act, MCL 117.4; and the Michigan Zoning Enabling Act, 2006 PA 110, effective July 1, 2006, MCL 125.3101 et seq., as amended. The provisions of this section have neither the purpose nor the effect of prohibiting or controlling the drilling, completion, or operation of oil or gas wells or other wells drilled for oil or gas exploration purposes or to regulate the issuance of permits for the drilling, completion, operation or abandonment of oil or gas wells; and acknowledges the jurisdiction and authority of the supervisor of wells over the administration and enforcement of the Natural Resources Environmental Protection Act (NREPA), Public Act 451 of 1994, as amended, MCL 324.101 et seq, and matters relating to the prevention of waste and the conservation of oil and gas in this state. However, while the supervisor of wells has jurisdiction and control over persons and things necessary to enforce the NREPA and the prevention of waste and conservation of oil and gas, such grant of authority does not abrogate the power and authority of the city under the state constitution, the Michigan Zoning Enabling Act, and statutory authority to protect the public health, safety and welfare and to continue to regulate issues of local concern.

c.

Necessity. The city council declares that this section is essential to the health, safety, economic and general welfare of the people of the city, and to the furtherance of the policy set forth in article 7, section 7 of the state constitution, and through the powers given to municipalities to protect the public health, safety and welfare of the citizens of Southfield through the Home Rule City Act, MCL 117.4i and Michigan's Zoning Enabling Act, 2006 PA 110, MCL 125.3101 et seq.

d.

Definitions of terms. Terms not specifically defined in this section shall have the meaning customarily assigned to them. The following words and phrases used in this section shall have the meaning respectively given as follows:

Applicant: An individual, firm, company, corporation or government authority created by statute that seeks special use approval for oil and gas development activities regulated by this section.

Contaminated liquid: Includes but is not limited to any water, waste water, liquid industrial waste, crude, oil/brine, chemical mixture with water or any other fluid or liquid which is deemed contaminated under applicable federal and/or state law.

Derrick: Any portable framework, tower mast and/or structure which is required or used in connection with drilling or re-working a well for the production of oil or gas.

Drilling pad: The area of surface operations surrounding the surface location of a well or wells. Such area shall not include an access road to the drilling pad.

Hydraulic fracturing or fracking: A well completion operation that involves injecting water, customized fluids, sand, steam, or gas into a gas well under pressure to create or propagate artificial fractures for the purpose of improving the deliverability and production of hydrocarbons.

Horizontal drilling: The drilling of an oil or natural gas well at an angle so that the well runs parallel to the formation containing the oil or gas.

Immediately: Within one (1) hour of receipt of knowledge of a release or suspected release.

Oil and gas: Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other products or similar substances that are produced by drilling an oil or gas well.

Oil and gas development or oil and gas development activities: The well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas. This definition does not include natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions.

Oil and natural gas processing plant: A facility designed and constructed to process crude oil and/or to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment that are designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas.

Oil or gas well: A pierced or bored hole drilled or being drilled in the ground for the purpose of, or to be used for, producing, extracting or injecting gas, oil, petroleum or another liquid related to oil or gas production or storage, including brine disposal.

Oil or gas well site or well site: The location of facilities, structures, materials and equipment (whether temporary or permanent), that are necessary for or incidental to the preparation, construction, drilling, production or operation of an oil or gas well, including required containment area. This definition also includes exploratory wells.

Operator: An individual, firm, company, corporation or government authority created by statute that conducts oil or gas development activities on a well site pursuant to special use approval by the city council.

Natural gas compressor station: A facility designed and constructed to compress natural gas that originates from a gas well or collection of such wells operating as a midstream facility for delivery of gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one (1) or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.

Storage well: A well used for and in connection with the underground storage of natural gas, including injection into or withdrawal from an underground storage reservoir for monitoring or observation of reservoir pressure.

e.

Required conditions for special use approval. In addition to the general standards set forth in subsection 5.185(1)(a) through (1)(f) herein, special use approval for oil and gas wells and oil and gas development shall be subject to the following conditions and requirements:

i.

Spacing and setbacks. An oil or gas well and/or an oil and gas well site shall not be located closer than six hundred (600) feet of a residential dwelling or place of worship, school, hospital, child care center, or public park. This paragraph shall not be construed to restrict or prohibit underground horizontal drilling directional or horizontal drilling where lawfully permitted by the state department of environmental quality.

ii.

Height. The completed wellhead structure shall not exceed twenty five (25) feet in height. The temporary drilling derrick/rig shall not exceed one hundred fifty (150) feet in height.

iii.

Minimum lot size. The minimum lot size shall be based upon meeting required spacing and setbacks.

iv.

Fencing, landscaping, lighting, access roads.

1.

An oil or gas well site shall be completely enclosed within a six-foot high black vinyl-coated chain link fence, equipped with at least two (2) gates with a knox box to allow for entry by city emergency personnel, if needed. All gates are to be kept locked when the operator or its employees are not on the oil or gas well site.

2.

Staggered ten-foot tall evergreen trees shall be placed adjacent to any residentially zoned property or public right-of-way to screen the oil or gas well site and drilling wellhead and pad, and the buffer shall be a minimum of twenty five (25) feet in depth. This landscape buffer shall be in place within sixty (60) days of the removal of the temporary drilling derrick/rig. The landscape buffer and trees shall be regularly irrigated and maintained.

3.

Obnoxious night-time light emitted off the well site interferes with the comfortable, quiet use and enjoyment of surrounding residential properties. Oil or gas well site lighting shall be shielded, directed downward and directed internally on the site so as to avoid glare on public roads, and adjacent property, dwellings, and buildings. The level of light (foot-candles) at common adjacent lot lines shall be zero (0). Exterior lights shall be turned off except when personnel are working on site or motion sensors are activated.

4.

Access roads to an oil or gas well site shall be designed and constructed to minimize nuisances to surrounding properties, obtain and comply with all required state, county, or city standards and permits, and shall be located at least fifty (50) feet from any adjoining property line.

v.

Compliance with City Code. Oil and gas development activities or other wells drilled for oil or gas exploration purposes shall comply with all applicable provisions of the City Code.

vi.

Dust, noise, vibration, and odors. All oil and gas development activities shall be conducted in such a manner as to minimize, so far as practicable, dust, noise, vibration, or noxious odors, and shall be in accordance with the best accepted practices defined by the state department of environmental quality for the production of oil, gas and other hydrocarbon substances in urban areas. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying substances or effects will be minimized by the oil and gas development activities carried on at any well site or from anything incidental thereto, and to minimize the annoyance of persons living or working in the vicinity. Additionally, the well site or structures thereon shall not be permitted to become dilapidated, unsightly or unsafe. The city may impose additional reasonable restrictions upon oil and gas development activities to reduce adverse impacts upon adjacent properties.

vii.

Hydraulic fracturing or fracking. Hydraulic fracturing or fracking is expressly prohibited within the city.

viii.

Compliance with laws and permit issuance. Oil and gas development activities for the purpose of oil or gas extraction shall be undertaken in conformity with all state and federal laws, statutes, rules, and regulations pertaining thereto, and particularly with the state, the state department of environmental quality, and the regulations of its supervisor of wells. This shall include obtaining the required permit(s) from the state department of environmental quality and/or the supervisor of wells, which permit(s) shall be provided to the city before the city will consider an application for a special use approval under this section. This requirement also applies to, but is not limited to, the plugging of wells, the exploration for, the production, marketing, and transportation of petroleum products, and the disposition and removal of any byproducts utilized and associated with such activities.

ix.

Associated permits and approvals. Special use approval for oil and gas development activities of oil or gas wells or other wells drilled for oil or gas exploration purposes is in addition to and is not in lieu of any permit or plan which may be required by any other provision(s) of the city zoning ordinance, building and fire codes, wetlands and watercourse protective ordinance, woodland and tree preservation ordinance, or other city ordinance or by any other governmental agency unless expressly provided otherwise herein.

x.

Operations.

1.

Well site preparation and construction of well sites are limited to the hours of 7:00 a.m. to :00 p.m. Construction activities associated with establishment of the well site may be eligible for an exception permit issued by the city department of building and safety engineering pursuant to subection 9.11(2) of the City Code.

2.

The movement of drilling rigs, tanker trucks, or heavy equipment used in connection with oil and gas development activities over public roads and streets, shall be consistent with the city's traffic engineer's approval, which shall be obtained in advance. The city's traffic engineer shall identify the streets and roadways which may be used, and identify any conditions that may apply.

3.

All brine, mud, slush, saltwater, chemicals, wastewater, chemicals, fluids or waste, produced or used in connection with oil and gas development activities, shall be safely, lawfully, and properly disposed of to prevent infiltration of or damage to any fresh water, well, groundwater, watercourse, pond, lake or wetland.

4.

The oil or gas well site shall be kept in a clean and orderly condition, free of trash and debris, with weeds cut in accordance with the section 9.41 of the City Code. Machinery and equipment not being currently used in the oil and gas development activities at the well site shall not be stored or kept at the well site.

5.

An oil or gas well shall include measures or controls satisfactory to the city engineer to prevent migration, run-off, or discharge of any hazardous materials, including but not limited to, any chemicals, oil or gas produced or used in the drilling or production of oil or gas, to adjoining property or to the city sanitary sewer system, storm water system, or any natural or artificial watercourse, pond, lake or wetland. There shall be no off-site discharge of storm water except to an approved drainage system in accordance with the city's engineering requirements and applicable provisions of the City Code.

6.

Oil and gas development activities shall not result in impacting residential water supplies by:

i.

The withdrawal of groundwater resulting in reducing the volume or amount of well water serving residential properties.

ii.

Contamination of soil, groundwater and/or drinking water supplies.

7.

Oil and gas development activities shall not cause environmental consequences to protected wetlands, woodlands, and/or environmentally sensitive areas, including, but not limited to:

i.

Unreasonable disruption or harm to wildlife and unreasonable fragmentation or disruption of wildlife habitats;

ii.

Unreasonable disruption to public parks;

iii.

Withdrawal of groundwater resulting in an impact to the interconnected lakes, streams, ponds and wetlands within the city;

iv.

Contamination of soil, groundwater, surface water or environmentally sensitive areas identified by the city;

v.

Impacts to the natural course and flow of storm water runoff.

8.

Oil and gas development activities shall comply with all permit(s) issued, all required plans as approved, and any and all conditions attached to the special use approval by the city council.

xi.

Inspection. The building official, the fire marshal, and any other designee of the city administrator shall have the right and option at any time during the construction phase and any drilling operation to enter upon the premises covered by the special use approval for the purpose of making inspections to determine if the requirements of this section are complied, including the requirements of any other law, regulation, code or ordinance.

xii.

Pipelines. The operator shall not excavate or construct any lines for the conveyance of fuel, water, oil, gas, or petroleum liquids, on, under, or through the streets, alleys, rights-of-way, or other properties owned by the city without an easement from the city.

xiii.

Submittal requirements. In addition to submittal requirements for a site plan as set forth in section 5.22 of article 4 general requirements of chapter 45, zoning and planning, of the City Code, and special use as set forth herein, the following information and documentation shall be submitted by the applicant as part of the special use application, and shall be subject to the review and approval of the city in connection with the special use application:

1.

Environmental impact statement. The environmental impact statement filed with the supervisor of wells in connection with a well permit under part 615 of the Natural Resources and Environmental Protection Act, MCL 524.61501 et. seq. and the administrative rules promulgated under part 615, as may be amended, and any other federal or state permits required to undertake the intended oil and gas development activities at the well site. Additionally, copies of any studies and/or reports undertaken in conjunction with required federal or state permits shall be submitted.

2.

Permits. A copy of all of the following city-issued permits:

i.

If required, a copy of wetland permit;

ii.

If required, a copy of woodland permit;

iii.

If required, a copy of soil erosion and sediment control permit;

iv.

If required, a copy of any building permit.

3.

Schedule. A timeline and activity schedule for the proposed oil or gas activities.

4.

Plans. A copy of the following plans, if applicable:

i.

Soil erosion and sedimentation control plan.

ii.

Grading plan.

iii.

A hydrogeological study and monitoring plan.

iv.

Water withdrawal plan.

v.

Water management plan.

vi.

Truck route plan.

vii.

Noise management plan.

viii.

On-site chemical storage plan.

ix.

Waste management and disposal plan.

x.

Pollution prevention plan.

xi.

Emergency response plan.

xii.

Site identification plan.

xiii.

Site restoration plan.

5.

Required plans shall comply with the following and shall be subject to the approval of the city:

i.

Soil erosion and sedimentation control plan. The soil erosion and sedimentation control plan shall comply with all applicable provisions of chapter 49, soil erosion and sedimentation control ordinance.

ii.

Grading plan. The grading plan shall comply with all applicable provisions of article ii, of chapter 19 of the City Code.

iii.

Hydrogeological study and monitoring plan. A hydrogeological study and monitoring plan is required for the protection of groundwater. Such study shall consist of a minimum of three (3) on-site groundwater monitoring wells at the perimeter of the drilling pad set at a depth encountering the first water bearing zone. Groundwater depth, gradient, and flow direction shall be determined within these three (3) wells, and a down gradient groundwater monitoring well shall be installed to monitor groundwater conditions. The initial results of the study must be included in the application submittal for the application to be considered administratively complete.

iv.

Water withdrawal plan. A water withdrawal plan shall be provided, which is designed to protect the level of water in lakes, ponds, wetlands, watersheds, groundwater and residential drinking wells located within the city.

v.

Water management plan. A water management plan shall be provided, which is designed to determine potential impacts from planned water withdrawals. The results of a valid hydrogeological investigation shall also be submitted, including, results of a valid aquifer pump test, and computer modeling to determine aquifer characteristics and the lateral radius of the cone of depression to be created at the proposed aquifer pump rate at the location of the proposed point of groundwater withdrawal.

vi.

Truck route plan. Excessive truck traffic impedes the flow of traffic within a community and results in significant damage to the roads within the community. Therefore, a proposed truck route plan shall be provided. The plan shall be developed to minimize the impact on local traffic flow and on the condition of local roads utilizing an engineered pavement management system (PMS) methodology to determine existing hard surface road conditions. The plan shall include the proposed routes of all trucks to be utilized at the site, the estimated weight of those trucks, the hours trucks will be traveling to and from the well site, and the estimated number of trucks entering and exiting the site on a daily basis. The plan shall also provide for restoration of damaged roads consistent with best engineering practices utilized for bituminous or concrete paving systems. The proposed truck route plan shall be subject to the approval of the city traffic engineer.

vii.

Noise management plan. Industrial operations in and adjacent to residential districts oftentimes generate noise that is emitted off site. Therefore, a noise management plan shall be provided detailing how the oil and gas development activities complies with section 9.10, excessive noise declared nuisance, and section 9.11, specific offenses, of the City Code. The operator shall be responsible for verifying compliance with this section and the noise management plan after the installation of the noise generating equipment. The noise management plan shall:

1.

Provide documentation establishing the ambient noise level prior to construction;

2.

Identify the oil and gas development activities on site that have the potential to cause noise impacts;

3.

Specify how the impacts will be mitigated considering the following characteristics:

a.

Nature and proximity of adjacent development;

b.

Seasonal and prevailing weather patterns, including wind directions;

c.

Extent of vegetative screening on or adjacent to the site;

d.

Topography.

viii.

On-site chemical storage plan. A chemical storage plan containing a list and the location of all chemicals on site and the safety data sheets (SDS) shall be provided and subject to the approval of the city fire department.

ix.

Waste disposal plan. A waste disposal plan shall be provided, detailing a complete description of all projected waste, and shall include a list of all chemical constituents and total volumes intended for disposal and the manner by which waste shall be disposed.

x.

Pollution incident prevention plan (PIPP). A pollution incident prevention plan which comports with part 31, Water Resources Protection, under NREPA, as amended, and the administrative rules promulgated thereunder, shall be provided which is designed to protect the lakes, ponds, wetlands, watersheds, soil/groundwater, ambient air, woodlands, wildlife habitats, walking trails, nature paths, and other environmentally sensitive areas of the city from contamination or pollution that may result from the proposed oil and gas development activities.

xi.

Emergency response plan. An emergency response plan, shall be submitted to the city's police department, fire department, planning, department of homeland security and emergency management, building and engineering departments. Also, the applicant/operator shall, at its sole cost and expense, provide appropriate site orientation and adequate information for on-going training to address any potential dangerous conditions that may result from the oil and gas development activities. Pursuant to state and federal law, the operator shall provide any information necessary to assist the city with establishing written procedures to minimize dangerous conditions that may result from the proposed oil and gas development activities. The emergency response plan shall include the operator's emergency contact information.

xii.

Site identification plan. A site identification plan shall be submitted delineating the location, wording and size of required site signage.

xiii.

Site restoration plan. A site restoration plan shall be submitted showing the nature, extent and timelines for site restoration once exploration, extraction and all oil and gas development activities have ceased.

xiv.

Compliance with section 5.55 wetland and watercourse ordinance, and section 5.56 woodland and tree preservation ordinance. All proposals for oil and gas wells and oil and gas development are subject to review for woodlands and wetlands and any permits that may be required.

6.

Site maintenance agreement. A copy of the executed standard city site maintenance agreement shall be submitted.

7.

Proof of Insurance. Proof of insurance in coverages and amounts as established by resolution of the City Council including a required pollution incident liability rider shall be submitted.

8.

Statement. A statement as to whether the applicant/operator has operated a site where a release occurred, where there was a violation of any provision of the NREPA, or where there was a finding that a nuisance existed; and, if so, the statement shall further describe each release, violation, or nuisance, and specify the date, place, jurisdiction and any emergency and/or remediation action taken.

9.

General operations. A general operations plan shall be submitted which includes, at a minimum, a description of the nature of the proposed activities, hours of operation, the number of employees, and projected duration of the oil and gas development activities.

10.

Fees, expense reimbursement, performance guarantee. The applicant/operator shall pay the application fee and shall establish an escrow to reimburse the city for all expenses of inspection, administrative review, technical review, and for professional and consultant fees incurred including, but not limited to: engineering, planning, building, environmental, and legal fees. A performance guarantee is required in the form of cash or an automatically renewable irrevocable letter of credit, the form of which is approved by the city attorney, in an amount sufficient to ensure compliant closure and restoration of the oil and gas well and the well site, and which may also be used by the city to respond to and remedy an emergency or exigent situation posing a threat to the public health, safety, and welfare, involving the well site and/or oil and gas development activities of the operator, or damage to roads or other city property. The application fee, escrow, and performance guarantee shall be established by resolution of the city council. The resolution shall be on file and made available at the office of the city clerk.

11.

Signatures required. The application shall be signed by both the applicant/operator and property owner, and shall be maintained by the city planning department.

xiv.

Monitoring and reporting.

1.

The operator shall notify the city immediately of a "release" as defined in part 201, of NREPA.

2.

In order to conduct the monitoring required by this section the Operator, at its own cost, shall sample on-site groundwater monitoring wells quarterly for purgeable aromatic hydrocarbons (BTEX) and chloride, and shall report the sample results to the city planning department within ten (10) days of receipt of sample laboratory test results. The city reserves the right to expand the list of chemicals of concern that the operator shall be required to monitor upon confirmation of a release.

xv.

Copy of data.

1.

The operator shall copy the city on all data required to be delivered to the Michigan Department of Environmental Quality (MDEQ) and/or the United States Environmental Protection Agency (EPA) for the oil and gas development activities on site;

2.

The operator shall provide and test results tot eh city upon request.

xvi.

Waste disposal. Operator shall inform the city in writing of any modification of the waste stream and/or any new waste not included in the application. Applicant/operator shall provide a semi-annual report to the city which includes an analysis of the waste stream for all chemical constituents and total volumes. The operator shall also allow the city to conduct random samples of the waste stream upon a forty-eight (48) hour notice to the operator. This sampling and testing shall be at operator's expense. All brine, mud, slush, saltwater, chemicals, wastewater, chemical, fluids or waste produced or used in the drilling or production of oil or gas shall, under the supervision of the MDEQ, be safely, lawfully and properly disposed of to prevent infiltration of or damage to any fresh water well, groundwater, watercourse, pond, lake or wetland.

xvii.

Well conversion.

1.

Oil and/or gas wells. Prior to converting an oil or gas well to a class II brine injection well, an operator shall file the following updated documents and plans with the city planning department, for review and approval:

i.

Hydrogeological study and monitoring plan;

ii.

Truck route plan;

iii.

Noise management plan;

iv.

On-site chemical storage plan;

v.

Waste management and disposal plan;

vi.

Pollution prevention plan;

vii.

Emergency response plan;

viii.

Proof of insurance.

2.

Class II liquid industrial waste well. Prior to installing a new class II liquid industrial waste well or to converting any existing well to a class II liquid industrial waste well, an operator shall be required to file a separate special land use request permit application that conforms to all application requirements set forth in subsection 5.185(2)(c)(5)(M) hereof.

xviii.

Notices required; application. Oil and gas development activities have the potential of adverse secondary impacts and very serious consequences. Further, there is oftentimes a lack of information readily available to the city and the public regarding local exploration, extraction and development of oil and gas operations. Therefore, the following notice to the city and surrounding properties is required to enable the city to ensure the protection of the health, safety and welfare of its residents, of environmentally sensitive features, residential water wells and the residential quality of life:

(1)

Within five (5) days of filing an application for a permit with the state to conduct any oil or gas development activity within the city, the applicant shall file a copy of the permit application with the city planning department.

(2)

Within seven (7) days of filing an application for a permit with the state, the applicant shall, by regular United States mail, notify the owner(s) of record and/or occupant(s) of all properties within seven hundred (700) feet of the property on which the proposed well is to be located and shall include the following information:

i.

The name and address of the applicant.

ii.

A statement that the applicant has applied for a permit to drill and operate an oil and gas well.

iii.

A statement that a person may submit comments on the application by mail to the state department of environmental quality, and provide the applicable address, telephone number and contact person, if available.

iv.

Include a copy of the first page of the permit application.

v.

The applicant shall provide proof of mailing of the notices to the city planning department.

xix.

Civil proceedings; injunction. Any activity conducted in violation of this subsection 5.185(2)(c) is declared to be a nuisance per se, and the city may commence civil proceedings in any court of competent jurisdiction necessary for the enforcement of this section to restrain or correct violations and for the recovery of costs and expenses incurred by the city as authorized by law. Such proceedings, including injunctive relief, shall be brought in the name of the city; however, the institution of civil proceedings shall not preclude enforcement of any other proceeding authorized by ordinance, state or federal law. Further, the city may also issue a stop-work order or withhold issuance of any certificate of occupancy, permits or inspections until the provisions of this section, including any conditions imposed by the city council as part of the special use approval, have been fully met. Failure to obey a stop-work order shall constitute a violation of this section.

xx.

The standards and requirements of subsection (1) are consistent with and promote the intent and purposes of chapter 45 of the City Code and ensure that the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use, and are consistent with the public health, safety and welfare of the city.

xxi.

In approving a special land use, the council may impose reasonable conditions, including conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

xxii.

Conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the city council and the landowner.

xxiii.

The decision of the city council on a special land use shall be incorporated in a statement of conclusions relative to the special land use and shall specify the basis for the decision and for any conditions imposed.

xxiv.

A request for approval of a special land use or activity made under the provisions of this section which is in compliance with the standards and requirements stated above and with the conditions imposed pursuant to subsection (5) above, other applicable ordinances, and state and federal statutes, shall be approved.

(Ord. No. 1075, 12-7-81; Ord. No. 1106, 10-11-82; Ord. No. 1244, 3-31-88; Ord. No. 1662, § 1, 5-1-16; Ord. No. 1664, § 2, 9-8-16; Ord. No. 1709, § 11, 10-3-19; Ord. No. 1734, § 9, 4-22-21; Ord. No. 1745, § 12, 11-4-21; Ord. No. 1763, § 7, 1-23-23; Ord. No. 1776, § 2, 10-5-23)

(1)

Any gasoline station established before September 11, 2016, shall be considered a legal nonconforming use.

(a)

There shall be no outside storage or display of any kind except for the display of new merchandise related to the primary use of a gasoline service station (i.e., Automotive accessories such as windshield washer fluid, motor oil, wipers, scrapers, or similar as determined by the city planner) which may only remain outside for display and retail sales during the hours of operation of the gasoline station.

(b)

Exterior convenience items (such as newspaper boxes, vending machines, propane tanks/cages, or similar as determined by the city planner) are strictly prohibited. Any exterior convenience items which were unlawfully installed and maintained prior to the effective date of this section must be removed as of the effective date of this section.

(c)

Exterior ice chests, if compliant with and in accordance with section 5.28-2 exterior ice chests may be permitted after review and approval.

(Ord. No. 1699, § 15, 12-27-18; Ord. No. 1709, § 11, 10-3-19; Ord. No. 1774, § 5, 8-14-23)

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

In all Industrial (I-1) Districts, no building or structure shall be erected, altered or moved so that any part or portion thereof is nearer than sixty (60) feet (18.3 meters) from the existing right-of-way line. The area between the minimum required building line and the front lot line shall not be used for vehicular parking or open storage.

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

(Ord. No. 1678, § 15, 7-6-17)