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Sterling Heights City Zoning Code

ARTICLE 20

M-2 HEAVY INDUSTRIAL DISTRICT

SECTION 20.00. INTENT.

   The M-2 Heavy Industrial District is intended to provide land for the more large-scale and intense manufacturing, fabricating and assembling uses. While such uses may occasionally produce external physical effects noticeable to a limited degree beyond the boundaries of the site, nevertheless, every possible effort shall be made to minimize such effects. All uses located within this district shall be so designed and operated as to observe the performance standards and regulations of use contained herein.

SECTION 20.01. PERMITTED USES.

   All uses permitted in this district shall be constructed and conducted wholly in accordance with the standards of this article and limited to one or more of the following uses:
   A.   Any one or more permitted uses allowed in the M-1 Light Industrial District and any special approval land uses as regulated in the M-1 district;
   B.   Any manufacturing or other industrial type or related use (including the assembly, alteration, cleaning, fabrication, finishing, machining, processing, production, repair, servicing, storage, testing or treating of materials, goods or products) which is not injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other matter, toxic and noxious materials, odors, fire or explosive hazards or glare or heat, including but not limited to the following:
      1.   The manufacturing, fabrication and assembly of motor vehicle equipment and parts, farm machinery and equipment, heavy industrial machinery and equipment;
      2.   Manufacture of major appliances;
      3.   Brick or building block manufacture;
      4.   Pressing, stamping or forming of major sheet metal parts;
      5.   Manufacture of iron, aluminum, bronze and other castings;
   C.   Certain uses which by their nature would be dangerous in a community with large residential areas are prohibited. This shall include the manufacture of explosives, gasoline and other crude oil by-products;
   D.   Uses permitted under Article 22, Section 22.05 B 1, in accordance with the standards set forth in Section 22.05.
   E.   Similar uses, as determined by the Zoning Official.
(Ord. No. 278-NN, § 35, 1-6-09; Ord. No. 278-PP, § 2, 12-1-09)

SECTION 20.02. SPECIAL APPROVAL LAND USES.

   The following uses, and others similar to those cited in this article, may be permitted by the Planning Commission, subject to the general standards of section 25.02 and the specific standards imposed for each use:
   A.   Junk yards, subject to the following:
      1.   The entire site shall be enclosed on all sides by an obscuring masonry wall at least eight feet in height and of sufficient strength to serve as a retaining wall;
      2.   Such site shall (except for frontage on a public street) abut only land located within an M-2 district, and one property line shall abut a railroad right-of-way;
      3.   Adequate standing and parking facilities shall be provided on the site so that no loaded vehicle at any time stands on a public right-of-way awaiting entrance to the site;
      4.   The outdoor storage of scrap material shall not exceed a height of 20 feet;
   B.   Refuse and garbage incinerators, subject to the following:
      1.   Such use shall be located on a site of not less than 20 acres;
      2.   Such site shall (except for frontage on a public street) abut only land located within an M-2 district, and one property line shall abut a railroad right-of-way;
      3.   Screening along the perimeter of the site shall be required as determined by the Planning Commission;
      4.   All roads on the premises shall be paved with concrete or a bituminous hard surface;
      5.   Adequate standing and parking facilities shall be provided on the site so that no packer or other collection vehicle at any time stands on a public right-of-way awaiting entrance to the site;
      6.   No part of the structure in which any incinerator furnace is housed shall be located less than 200 feet from any property line on the premises or less than 400 feet from any public street or highway right-of-way;
      7.   Emission of smoke, dirt, dust and fly ash shall be controlled through the use of electrostatic precipitators or other equipment of equal or better efficiency, which shall meet all applicable federal, state and local air pollution control regulations;
      8.   Loaded packer or other collection vehicles shall be unloaded and the loads placed in the incinerator within one hour after the vehicles arrival on the premises;
      9.   The proposed plan of operation shall be approved by the Macomb County Health Department and Michigan Department of Natural Resources prior to issuance of a certificate of compliance;
      10.   The storage and disposal of ash shall be regulated by the appropriate county, state or federal authorities. No ash shall be stored closer than 100 feet to any property line;
      11.   No portion of the site shall be located within 1,320 feet from any residential zoning district;
   C.   Refuse transfer and recycling stations, subject to the following:
      1.   Such use shall be located on a site of not less than two acres;
      2.   Such site shall (except for frontage on a public street) abut only land located within an M-2 district and abutting a railroad right-of-way;
      3.   Screening along the perimeter of the site shall be required as determined by the Planning Commission;
      4.   All areas adjacent to the transfer point, such as the tipping floor, the turning area and the area supporting the trailer while it is being packed, shall be paved with concrete;
      5.   Adequate standing and parking facilities shall be provided on the site so that no packers or other collection vehicles at any time stand on a public right-of-way awaiting entrance to the site. The standing and parking facilities shall be paved with concrete;
      6.   No part of the structure in which any transfer operation is housed shall be located less than 50 feet from any property line on the premises;
      7.   Emission of smoke, dirt, dust and fly ash shall be controlled through the use of electrostatic precipitators or other equipment of equal or better efficiency, which shall meet all applicable federal, state and local air pollution control regulations;
      8.   The transfer facility and the adjacent area shall be kept clean and free of litter;
      9.   Sewage, solid or liquid and other liquids or dangerous substances in quantities considered to be detrimental to the operation of the transfer facility shall be excluded. An exception may be considered when the type of material, the equipment and method of handling have been submitted for approval. This provision in no way precludes the right of the transfer facility operator to exclude any material as a part of his or her operational standards;
      10.   All salvage and transfer operations shall be conducted wholly within an enclosed building;
      11.   If refuse is to remain at the transfer facility beyond the working day, such material shall be stored in a leakproof, fly and rodent resistant structure or container;
      12.   Equipment adequate in size and quantity, and in an operational condition, shall be available at all times. If, for any reason, the transfer facility is rendered inoperable for more than 24 hours, an alternate method, as approved by the city, shall be available;
      13.   No refuse shall be burned at the transfer facility. Arrangements shall be made for adequate fire protection and extinguishing of accidental fires. Refuse which is burning, or at a temperature which is likely to cause a fire, or is of highly flammable or explosive nature, shall not be acceptable in the transfer facility;
      14.   The proposed plan of operation shall be approved by the Macomb County Health Department, or other applicable agencies, prior to the issuance of a certificate of compliance;
      15.   All roads on the premises shall be paved with concrete or a bituminous hard surface;
      16.   No portion of the site shall be located within 1,320 feet from any residential zoning district;
      17.   A sufficient number of containers shall be available to preclude excessive refuse storage in the building awaiting transfer. No overflow from containers shall be permitted;
   D.   Truck terminals and truck storage yards, subject to the following:
      1.   Adequate ingress and egress shall be provided from a major thoroughfare of at least 120 feet of right-of-way, existing or proposed;
      2.   Such use shall not occupy an area greater than ten acres;
      3.   Dispatching and business offices shall be subject to the requirements of the district;
      4.   Maintenance and repair facilities shall be conducted totally within an enclosed building;
      5.   There shall be no areas designed or designated on the property for storage of inoperative trailers, vehicles or waste materials other than normal maintenance;
   E.   Warehouse-showroom retail sales of furniture, furnishings and appliances, subject to the following:
      1.   Not less than 70% of the total building area is devoted to warehousing, the receiving of merchandise, offices and utility area;
      2.   On-site railroad service is available and used for the operation of the warehouse showroom;
      3.   Off-street parking is provided pursuant to the parking ratios set forth in this ordinance for the various uses to be conducted;
      4.   Minimum site size for such use shall be not less than five acres;
      5.   The site shall have direct and unobstructed frontage access to a major thoroughfare;
      6.   The warehouse showroom structure shall have a minimum square footage of 100,000 square feet;
   F.   Public utilities, as regulated by section 3.02.(I). Wireless communication towers, antennas and related facilities shall be further subject to the provisions of section 28.18;
   G.   Concrete and asphalt crushing plants, subject to the following:
      1.   Such use shall be located on a site of not less than five acres;
      2.   Such site shall (except for frontage on a public street) abut only land located within an M-2 district. No portion of the site shall be located closer than 1,500 feet from any residentially zoned properties. The entire site shall be enclosed on all sides within a decorative skirting masonry wall of at least eight feet in height and of sufficient strength and durability to serve as a retaining wall;
      3.   All driveways and surface roads on the premises shall be paved with concrete;
      4.   All materials brought in to be recycled and/or crushed shall be stored on concrete pads at a height not to exceed 15 feet. Sprinklers with automatic timers shall be installed to keep materials awaiting processing moist and free from a generation of fugitive dust;
      5.   The facility and all of its operations shall comply with all of the performance standards set forth in section 20.06, as well as all applicable federal, state, county and local statutes, regulations, rules, orders and ordinances. Systems shall be employed to contain and process all emitted or discharged materials from the facility in an environmentally sound manner;
      6.   The crushing plant and associated equipment shall be constructed with materials so as to enclose all equipment (except vehicles) which generate significant levels of noise;
      7.   No equipment utilized for crushing shall be located less than 200 feet from any property line on the premises;
      8.   Exterior storage shall be limited to the storage of products that are to be, or have been, crushed and operable vehicles and equipment used at the facility;
   H.   Concrete and asphalt plants, subject to the following:
      1.   Such use shall be located on a site of not less than five acres;
      2.   Such site shall abut only land located within an M-2 district. No portion of the site shall be located closer than 1,320 feet from any residentially zoned property;
      3.   Screening along the perimeter of the site shall be required as determined by the Planning Commission in order to minimize any adverse effect on adjacent property owners;
      4.   All driveways and service roads on the premises shall be paved with concrete;
      5.   All areas of the site, which are not paved for parking, driveways, loading or operation, shall be landscaped and maintained in accordance with section 24.02, environmental provisions;
      6.   All aggregate and bulk materials shall be stored in concrete bunkers. Such storage shall not exceed 15 feet in height. The bunkers shall be equipped with sprinklers operated by automatic timers to keep materials moist and to control fugitive dust;
      7.   The plant shall be constructed so as to enclose all equipment except vehicles which generate significant levels of noise;
      8.   The facility and all of its operations shall strictly comply with all of the performance standards set forth in section 20.06, as well as all applicable federal, state, county and local statutes, regulations, rules, orders and ordinances. Systems shall be employed to contain and process all discharged materials from the facility in an environmentally sound manner;
      9.   The facility shall be equipped with an approved waste water recycling system to avoid contaminated water or liquids from being discharged to ground water, surface water or storm sewers. This shall include a wash-out, wash-down system to recover and recycle particles of cement and/or asphalt and other by-products processed from trucks used to transfer the product. The drainage system shall be designed and constructed in a way to prevent contaminated water, liquids or sediment from entering the storm or sanitary sewer in an untreated form;
      10.   The facilities shall be equipped with approved air pollution control system to ensure that no offensive smoke, dirt particles or odors are discharged into the environment that would be a nuisance to neighboring property owners or other residents of the city;
      11.   No part of the structure which is utilized to manufacture or process the product shall be located less than 100 feet from any property line on the premises;
      12.   All on-site and off-site utilities and improvements required by the city as a condition of approval of the special land use shall be installed in accordance with applicable city standards prior to operation;
      13.   Exterior storage shall be limited to the storage of aggregate and bulk material in bunkers, operable vehicles and equipment used to transport the materials for processing at the facility. No inoperable vehicles and equipment shall be stored on the property. This provision shall not prohibit maintenance and repair of vehicles or equipment in an enclosed building;
   I.   Lighted outdoor commercial sports centers, including baseball, wave pools, water slides, golf driving ranges, miniature golf and other intense activities. Because such centers possess the unique characteristic of often being used late into the night while attracting large numbers of spectators and attendant vehicular traffic in conjunction with ingress and egress to parking areas, these uses shall be permitted only in industrial districts subject to the conditions set forth in section 19.02.
   J.   Shipping containers or storage containers, as an accessory use incidental to any principally permitted use in section 20.01 or any special approval land use in section 20.02, subject to the following:
      1.   Shipping containers or storage containers must be screened in accordance with the screening requirements provided in section 24.01;
      2.   Shipping containers or storage containers may only be located in the rear yard and shall comply with all required setbacks as provided in section 20.04;
      3.   Shipping containers or storage containers shall not exceed 15 feet in height, and may not be stacked;
      4.   Shipping containers or storage containers shall not be used for advertising purposes, except for a reasonably-sized identification sign and/or logo, not to exceed 25 square feet on any side of the container;
      5.   Shipping containers or storage containers shall be maintained free of graffiti, substantial rust, or bare metal areas;
      6.   Shipping containers or storage containers shall not be used to store hazardous materials, as defined in the International Fire Code;
      7.   Electrical service, water service, or plumbing shall not be run or connected to shipping containers or storage containers;
      8.   Shipping containers or storage containers shall not occupy any required parking, loading, or landscaping area under the site plan requirements of the zoning ordinance;
      9.   All shipping containers or storage containers must be located at ground level and placed upon a permanent foundation that meets all applicable city codes and ordinances;
      10.   Shipping containers or storage containers shall comply with all applicable city codes and ordinances;
      11.   It is understood by the property owner that the property owner will maintain a current inventory list of materials stored within the shipping container and/or storage container, which shall be made available upon demand and review by city officials.
(Ord. No. 278-F, § 9, 8-8-90; Ord. No. 278-Y, § 27, 5-16-00; Ord. No. 278-III, § 3, 10-16-23)

SECTION 20.03. ACCESSORY USES PERMITTED.

   Accessory buildings and uses customarily incidental to the principal permitted uses enumerated in sections 20.01 and 20.02 are permitted, including the following:
   A.   Operations required to maintain or support any use permitted above the same lot as the permitted use, such as maintenance shops, power facilities, government facilities, public utilities and medical facilities;
   B.   Sleeping quarters for security and maintenance personnel. Such quarters shall not be constructed as permanent housekeeping facilities or units for family living, except as may be permitted in conjunction with an approved mini-warehouse;
   C.   Accessory buildings and uses, including special plants to treat industrial wastes;
   D.   Amusement devices shall be permitted as regulated in section 28.01.

SECTION 20.04. AREA, HEIGHT AND BULK REQUIREMENTS.

   A.   The minimum size of each lot per building:
      1.   Width: 100 feet.
      2.   Depth: 250 feet.
   B.   Maximum height of any structure:
      1.   In stories: None.
      2.   In feet: 50.
      Building height may exceed 50 feet, provided that yard setbacks to that point of the building which exceeds 50 feet are increased two feet for each additional foot of building height over 50 feet.
   C.   Minimum building floor area:
      1.   Area: 10,000 square feet.
   D.   Minimum yard setback per lot:
      1.   A building or any portion of it that does not exceed 30 feet in height may be permitted to extend up to 40 feet into any required 75 foot front yard, or up to 15 feet into any required 50 foot front yard.
      2.   Side: 15 feet are required along the interior side lot lines. No building shall be located closer than 50 feet and no storage or parking shall be located closer than 20 feet from the outer perimeter (property line) of such district when such property line abuts any residential district.
      3.   Rear: 50 feet. No building shall be located closer than 50 feet and no storage or parking shall be located closer than 20 feet from the outer perimeter (property line) of this district when such property line abuts any residential district.
   E.   Maximum lot coverage. The maximum lot coverage shall be governed by meeting all requirements for yard space, landscaping, screening, off-street parking and loading. The locations of buildings and uses and distances between buildings shall be as shown on the site plan.
(Ord. No. 278-A, § 37, 4-17-90; Ord. No. 278-G, § 13, 9-18-90; Ord. No. 278-X, § 6, 4-6-99; Ord. No. 278-AA, § 9, 3-20-01; Ord. No. 278-BB, § 5, 12-18-01)

SECTION 20.05. STRUCTURE AND SITE REQUIREMENTS.

   A.   The exterior of all buildings hereafter erected shall be constructed of brick and/or stone building materials or other similar durable, decorative building materials as may be approved by the Planning Department, subject to any additional requirements set forth in section 26.01, paragraph H. The architecture and exterior finish of any building shall be complementary and compatible in style and be of uniform finish on all sides of its exterior.
   B.   All portions of the site not used for parking, driveway and buildings shall be provided with a lawn or landscaping, as specified in section 24.02, approved by the Planning Department and so maintained in an attractive condition.
   C.   All storage accessory to the principal use shall be in the rear yard and shall be completely screened with a wall, not less than six feet high or with a chain link type fence and a greenbelt planting strip so as to obscure all view from any adjacent residential or commercial districts or public street.
   D.   Every use involving the receipt or delivery of materials shall provide space for vehicle standing so loading or unloading will not take place in any public street, alley or right-of-way. Loading and unloading shall be provided in such a manner that backing from a public street with a right-of-way of 86 feet or greater will not be facilitated. Loading and unloading docks and truck wells are prohibited in required front yards along major thoroughfares and/or existing or proposed rights-of-way of 120 feet or greater. Along thoroughfares or rights-of-way of less than 120 feet, below grade loading shall be permitted in the required front yard. In no instance shall above grade or elevated loading be permitted in the required front yard.
   E.   Once a building line has been established by the construction of a principal building upon an approved site, no other principal building or use shall be located between the established building line and the front lot line (or side lot line abutting a side street) without first obtaining approval of the Planning Commission. The Planning Commission shall review the building and/or use proposed to be located in front of the established building to determine whether the building or use is of such location, size and character to be in harmony with the appropriate and orderly development of the balance of the site, is not detrimental to the development of adjacent uses, does not create any vehicular or pedestrian hazards and is aesthetically compatible with the buildings and uses located upon the site. Landscaping plans, site plans (including signs and the location of dumpsters) and elevations of all sides of any building to be constructed shall be submitted to enable the Planning Commission to determine whether the proposed additional building and/or use conforms with the requirements of this section. In reviewing this request, the Planning Commission shall apply the standards contained herein and in section 25.02 and may impose reasonable conditions as authorized by section 25.03(D) to ensure that the standards are satisfied.
(Ord. No. 278-F, § 10, 8-8-90; Ord. No. 278-OO, § 11, 8-5-09)

SECTION 20.06. PERFORMANCE STANDARDS AND REGULATIONS OF USES.

   It is the intent of this section to require that each permitted use shall be a good neighbor to adjoining properties by control of noise, odor, glare, vibration, smoke, dust, liquid wastes, radiation, radioactivity and the like. The performance standards set forth in subsection A, following, shall be complied with. In case of conflict among these standards and federal and state regulations, the most restricted standards or regulations shall apply.
   A.   General regulations and limitations on uses.
      1.   Noise. Noise shall not exceed 70 decibels measured at the front site line and as measured at any site line which is adjacent to any industrial or commercial district or 70 decibels when adjacent to any O-R, office or residential district.
      2.   Odors and gases. No obnoxious odors or gases shall be emitted which may be harmful to public health and/or safety.
      3.   Glare and heat. Glare and heat from arc welding, acetylene torch cutting or similar processes shall be deflected in such a manner as to prevent any danger to persons outside of any building where such operation is being conducted.
      4.   Exterior lighting. During business hours after sunset, the parking areas shall be adequately lighted for safety of users and security of adjacent property owners. All lighting shall comply with the exterior lighting standards of section 24.06.
      5.   Vibration. Shall not cause a ground displacement exceeding .003 inch as measured at any site line of the premises.
      6.   Smoke. Emission of smoke shall not exceed the number 2 standard as established by the Ringelmann Chart for periods aggregating three minutes in any 15 minutes when starting a new fire.
      7.   Dirt, dust and fly ash. The emission of dirt, dust and fly ash shall not exceed three-tenths grains per cubic foot of flue gas as measured at stack temperature of 500°F with not to exceed 50% excess air. No haze shall be caused by such emission which would impair visibility.
      8.   Radioactive materials. No radioactive materials shall be emitted in excess of standards established by the U.S. Bureau of Standards for human safety.
      9.   Power. Power utilized in any industrial activity shall be derived only from electrical energy or smokeless fuels containing less than 20% volatile content on a dry basis. Bituminous coal shall be fired only by mechanical equipment.
      10.   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 operation is permitted.
      11.   Waste. All sewage and industrial wastes shall be handled, stored, treated and/or disposed of in compliance with all federal, state, county and/or city laws and regulations.
      12.   Bulk storage of flammable liquids, liquified petroleum gases and explosives. The bulk storage of such materials, either above ground or underground, shall not be permitted unless a special permit is obtained from the Fire Marshal.
      13.   Storage.
         a.   Inside and underground storage other than junk. Such storage is permitted provided compliance is made with all applicable fire and safety and health regulations.
         b.   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 on the premises which could be used as a means of access for firefighting equipment.
         c.   Outside storage of junk and/or industrial waste incident 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.
(Ord. No. 278GG, § 3, 12-6-05; Ord. No. 278-III, § 4, 10-16-23)