The I, 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.

The general goals of this use district include, among others, the following specific purposes:

1.

To provide sufficient space, in appropriate locations, to meet the needs of the municipality's expected future economy for additional manufacturing and related uses.

2.

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

3.

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

4.

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

In a industrial district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this ordinance:

1.

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

2.

Any of the following uses when the manufacturing, compounding, or processing is conducted wholly within a completely enclosed building.

a.

Warehousing and wholesale establishments and trucking facilities.

b.

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

c.

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

d.

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

e.

Manufacture of musical instruments, toys, novelties and meal or rubber stamps, or other molded rubber products.

f.

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

g.

Laboratories; experimental, film, or testing.

h.

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

i.

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

j.

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

3.

Warehouse, storage, and transfer and electric and gas service buildings and yards. Public utility buildings, telephone exchange buildings, electrical transformer stations and substations, and gas regulator stations.

4.

Storage facilities for building materials, sand, gravel, stone, lumber, storage of contractor's equipment and supplies.

5.

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

6.

Kennels.

7.

Greenhouses.

8.

Trade or industrial schools.

9.

Retail uses which have an industrial character in terms of either their outdoor storage requirements or activities (such as, but not limited to, lumber yard, building materials outlet, upholsterer, cabinet maker).

10.

Recycling centers.

11.

Auto engine and body repair, and undercoating shops when located in a completely enclosed building.

12.

Other uses similar to the above uses.

13.

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

The following special condition uses shall be permitted subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with section 4c.(2) of the city-village zoning act, as may be amended (MCL 125.584c(2)), and further subject to the review and approval by the planning commission and city council as specified in section 1802, "review and approval of conditional uses," and section 1800, "site plan review," of this zoning ordinance.

1.

Mini-warehouses (self-storage facilities) subject to the following conditions:

a.

The minimum size of the site devoted to such use shall not be less than three acres.

b.

Building setbacks shall be as follows: Front yard not less than 20 feet; side and rear yard not less than ten feet.

c.

Building separation between self-storage buildings on the same site shall be 15 feet, as measured from side-to-aide or front to rear, or equal to the building height, whichever is greater.

d.

The total lot coverage of all structures shall be limited to 50 percent of the total lot area.

e.

A sight-proof barrier shall be provided around the perimeter of the development. Said barrier shall be located at the setback line and may consist of either the solid facades of the storage structures or a fence. If a fence is provided, it shall be a minimum of six feet in height and shall be constructed of brick, stone, masonry units, or wood products which are determined by the building inspector to be durable and weather resistant.

f.

A ten feet landscaped greenbelt shall be provided between the property line and required barrier along all street frontages. A five foot landscaped greenbelt shall be provided between the property line and barrier where the site abuts any residential district. All materials shall be planted in conformance with section 1222.

g.

Parking shall be provided in the ratio of one space for each 2,000 square feet of gross building area. At a minimum, two parking spaces must be assigned to, and located conveniently to, each individual storage building. In addition, two spaces for the resident manager, and one additional space for each additional employee shall be provided adjacent to the rental office.

h.

Internal driveway aisles shall be a minimum of 24 feet in width.

i.

All off-street parking areas and driveways shall be hard surfaced and drained in accordance with section 1207.

j.

All ingress and egress from this site shall be directly onto a collector or major thoroughfare as identified on the city future land use plan.

k.

Building height shall not exceed one story 15 feet except that a caretaker or resident manager's unit may be allowed a building height of two stories 25 feet.

l.

No single storage building shall exceed 5,000 square feet.

m.

All storage on the property shall be kept within an enclosed building.

n.

The use of the premises shall be limited to storage only, and shall not be used for any auction, or sales, or storage and transfer business; for the servicing, repair, or fabrication of any vehicle, boat, trailer, appliance, or similar item; or for the operation of power tools, compressors, kilns, or similar equipment; except, that limited sales to tenants of products and supplies incidental to the principal use, such as packing materials, identification labels, rope, locks, tape, etc., shall be permitted on the site devoted to this use. The storage of combustible or flammable liquids, combustible fibers or explosive materials, is defined in the fire protection code, or toxic materials are expressly prohibited.

2.

Wireless communication facilities.

a.

Purpose and intent. The general purpose and intent of these regulations is to regulate the establishment of wireless communication support facilities (WCSF) in recognition of the public need and demand for advanced telecommunication and information technologies and services balanced against the impacts such facilities may have on properties within the City of Utica. It is the further purpose and intent of these regulations to:

(1)

Provide for the appropriate location and development criteria for wireless communication support facilities and wireless communication antenna within the city; and

(2)

Allow and encourage the location of wireless communication support facilities in industrial zoning districts; and

(3)

Minimize the adverse effects of such facilities through careful design, siting and screening criteria; and

(4)

Maximize the use of existing and future wireless communication support facilities and encouraging multiple uses on such facilities; and

(5)

Protect the character of residential areas throughout the city from the effects of wireless communication facilities; and

(6)

Promote the public health, safety, and welfare.

b.

Wireless communication antenna (WCA).

(1)

To encourage co-location and to minimize the number of WCSFs within the city, WCAs shall be considered a permitted accessory use when placed on or attached to any structure which constitutes a principle use, including existing WCSFs, provided that any WCA shall not extend more than ten feet above the tallest portion of the structure on or to which it is attached. Provided further that the location of any WCA shall not exceed 100 feet unless:

(a)

Located on a lawfully existing or approved WCSF; or

(b)

Located on a structure existing prior to the adoption of this regulation; or

(c)

Located on a structure, which has received a height variance.

(2)

WCAs shall require no personnel on the premises except as necessary for maintenance and repair.

(3)

If a WCA requires an accessory equipment storage structure located elsewhere other than at grade, it shall not be greater than ten feet in height and obscured from view, i.e., a roof top location; and if such a structure is located at grade, it shall not exceed the height of 15 feet and shall meet all zoning requirements.

(4)

WCAs shall be allowed on any site zoned in a non-residential classification.

(5)

All WCAs shall be designed to blend into or meet the aesthetic character of the principal (primary) structure where reasonably practical taking into consideration the location of the WCA and the line of sight angle and distance from the right-of-way and neighboring uses.

(6)

No accessory equipment structure or area shall be allowed in any rights-of-way.

(7)

The installation of a WCA in any zoning district must be reviewed by the planning commission. The planning commission shall review all such requests and shall approve such requests that meet the requirements of this section. Such review by the planning commission shall be without notice.

(8)

A WCA proposed to be located on a historic landmark or in a designated historic district may be denied if the WCA would create an adverse impact on the historic character of the historic landmark or district.

(9)

This section shall not exempt the applicant from such other government review and permitting procedures (i.e., FCC, FAA, etc.).

c.

Wireless communication support (tower) facilities (WCSF).

(1)

General criteria.

(a)

All WCSF shall be constructed in compliance with all applicable construction codes, which include the Electronic Industries Association/Telecommunications Industry Association (EIA/TIA) Structural Standards of Steel Antenna Towers and Antenna Supporting Structures.

(b)

The WCSF shall comply with all applicable Federal Aviation Administration (FAA) requirements.

(c)

The WCSF shall not be used for advertising purposes and shall not contain any signage except signage, which shall show the identity of the service provider and emergency telephone numbers.

(d)

The WCSF may be located on an industrial or mixed use zoning lot containing other principal uses. The WCSF may be located within an area smaller than the minimum lot size of the applicable zoning district provided the zoning lot complies with the applicable minimum lot size for the existing principal use or is a legal nonconforming or grandfathered lot. The area within which the WCSF is located shall be the area subject to the requirements of this section, rather than the entire zoning lot, unless otherwise provided herein.

(e)

The WCSF shall meet all requirements of the zoning district in which it is located which are not inconsistent with this section. Minimum yard requirements shall be measured from the boundary of the zoning lot to the closest portion of the WCSF of the accessory equipment structure or storage area, whichever is closer.

(f)

The WCSF shall have a landscaped buffer so that the base of the WCSF and accessory equipment structure or storage area shall be screened from any right-of-way, residential use or residential zoning district. Such landscaped buffer may be placed on the site in a manner, which will maximize the aesthetic and environmental benefits while at the same time providing the visual buffer required hereby. Such landscaped buffer shall consist of hedges planted leaf to leaf which shall reach a height of not less than six feet at maturity and conifer trees planted on 15-foot centers along the approved buffer of a species approved by the planning commission unless safety requirements of the principal use requires otherwise (i.e., utility substations).

(g)

The construction of the WCSF shall be of monopole design unless it can be demonstrated that such design is not feasible to accommodate the user or co-location.

(h)

The application shall contain information showing the geographic search area within which the proposed WCSF must be located and shall also provide locations of all structures of similar height within and adjacent to the search area.

(i)

If co-location is not part of the application then the applicant must demonstrate in the application as to why co-location is not possible.

(j)

This section shall not exempt the applicant from such other government review and permitting procedures (i.e., FCC, FAA, etc.).

(k)

WCSFs shall not have a shiny or metallic finish.

(2)

Replacement of existing WCSF. An existing WCSF which was lawful at the time of its construction may be replaced for purposes of accommodating co-location of additional WCAs or otherwise provided that:

(a)

The replacement WCSF shall not exceed a total height of 150 feet or, if the existing WCSF has an approved height greater than 150 feet, the replacement WCSF shall not exceed the approved height.

(b)

The replacement WCSF shall be located within the same zoning lot as the existing WCSF and shall be located so as to maximize compliance with existing minimum yard requirements.

(c)

The applicant shall cause the existing WCSF to be removed within ninety days of completion of the replacement WCSF and the relocation or installation of the WAC. In any event, the existing WCSF shall be removed within 180 days of the city's final construction inspection of the replacement WCSF.

(d)

If the location of the replacement WCSF is such that the existing WCSF must be moved before the replacement WCSF is constructed, temporary portable antennae support facilities may be used, but must be removed within 30 days of the completion of the replacement WCSF and the relocation or installation of the WCA. In any event, the temporary portable antennae facilities must be removed within 60 days of the city's final construction inspection of the replacement WCSF.

(e)

The replacement WCSF shall meet all criteria and requirements in subsection c(1) hereof.

(f)

The installation of a replacement WCSF in any zoning district must be reviewed by the planning commission. The planning commission shall review all such requests and shall approve such requests that meet the requirements of this section. Such review by the planning commission shall be without notice.

(3)

Review criteria for all new WCSFs, except replacement WCSFs.

(a)

A new WCSF shall not be approved unless it can be demonstrated by the applicant that there is a need for the new WCSF which cannot be met by placing WCA on an existing WCSF or on other structures or replacement of an existing WCSF. Information concerning the following factors shall be considered in determining that such need exists:

i.

Insufficient structural capacity of existing WCSFs or other suitable structures and infeasibility of reinforcing or replacing an existing WCSF;

ii.

Unavailability of suitable locations to accommodate system design or engineering on existing WCSF or other structures;

iii.

Radio frequency interference or other signal interference problems at existing WCSF or others structures;

iv.

The cost of using an existing WCSF or other structure exceeds the costs of permitting and constructing a new WCSF;

v.

Other factors, which demonstrate the reasonable, need for the new WCSF.

vi.

The name, address and phone number of the persons to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the WCF is on the premises.

(b)

The applicant must include a statement in the application of its good faith intent to allow the co-location of the WCA of other entities, provided that the cost of modifying the WCSF to accommodate the co-location WCA is borne by the co-locating entity.

(c)

The applicant shall send a written notice to all potential users of the new WCSF offering an opportunity for co-location. The list of potential users shall be provided by the city based on those entities that have requested approval of WSCF in the past,current FCC license holders and any other entities requesting to be included on the list. Copies of the notice letters shall be provided to the city at the time the application is filed. If, during a period of thirty days after the notice letters are sent to potential users, a user or users request, in writing, to co-locate on the new WCSF, the applicant shall accommodate the request(s), unless co-location is not reasonably possible based on the criteria of this subsection.

(d)

New WCSFs shall meet the following additional criteria:

i.

The WCSF shall not exceed 150 feet in height.

ii.

All WCSF's over 100 feet in height shall be designed for co-location.

iii.

All WCSFs which are located within 250 feet of a lot used for a residential use or a residential zoning district as measured from the base of the WCSF shall require Conditional Use Permit.

iv.

The WCSF shall meet all criteria and requirements of subsection c(1).

v.

The installation of a WCSF must be reviewed by the planning commission. The planning commission shall review all such WCSFs and shall approve such WCSFs that meet the requirements of this section. Such review by the planning commission shall be without notice.

(e)

Application requirements for new WCSFs:

i.

A site plan prepared in accordance with section 1800 (Review and approval of site plans) shall be submitted, showing the location, size, screening and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.

ii.

The site plan shall also include a detailed landscaping plan (in accordance with section 1800 and paragraph c.(1)(f) above) where the support structure is being placed at a location which in not otherwise developed. The purpose of landscaping is to provide screening for the structure base, accessory buildings and enclosure. In all cases, there shall be shown on the plan fencing which is required for protection of the support structure and security from children and other persons who may otherwise access facilities, which may be unsafe.

iii.

The application shall include a certification by a State of Michigan licensed and registered professional engineer of the applicant with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulation for the district in question, in determining the appropriate setback to be required for the structure (WCSF) and other facilities.

iv.

The application shall include a description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in paragraph c(5) below. In this regard, the security shall be in the form of cash, surety bond, letter of credit, or an agreement in a form approved by the city's attorney establishing the land in question as security for removal.

v.

The application shall include a map showing existing and known proposed WCFs within the City of Utica, and further showing existing and known WCFs within areas surrounding the borders of the city in the location, and in the area, which are relevant in terms of potential co-location or in demonstrating the need for the proposed facility.

vi.

The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the WCF is on the premises.

(4)

Additional criteria for special condition use approval and review. The installation of a WCSF in any zoning district other than a non-residential district shall be subject to the following:

(a)

WCSFs shall also meet all criteria and requirements of subsections c(1) and (3) of this section.

(b)

WCSFs shall be located on lots or parcels of not less than two acres.

(c)

WCSFs shall be accessory uses and shall be located on property owned and used by:

i.

Federal, state or local government entities.

ii.

Schools, colleges and universities.

iii.

Utility companies.

(d)

If the WCSF is not entirely surrounded by commercial or industrial uses, a written justification of the need for this site showing why other sites are not reasonable.

(e)

WCSFs proposed to be located on a historic landmark or in a designated historic district may be denied if the WCSF would create an adverse impact on the historic character of the historic landmark or district.

(f)

The planning commission may require a visual/line of site analysis to enable to city to assess impacts. Such analysis may require the applicant to provide visualization of the WCSF on-site which may include graphic representations or other acceptable methods to demonstrate the visualization.

(5)

Removal of abandoned WCSFs. Any WCSF which is abandoned shall immediately be removed or demolished. For the purposes of this section, abandoned shall mean that no WCA or other commercial antenna has been operational and located on the WCSF for 180 days or more. Where a WCSF is abandoned but not removed or demolished as required hereby, the city may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the WCF or the city may place a lien on the property to cover costs for the removal of the WCF. A lien on the property shall be superior to all other liens except taxes.

(6)

Variances and appeals. Variances from this section may be requested from the zoning board of appeals. Requests for additional height to any permitted or previously approved WCSF may be granted by the planning commission to provide for co-location of additional WCSF so long as such additional height does not exceed 30 feet. Appeals of a planning commission decision shall be taken to the zoning board of appeals.

3.

Adult entertainment use subject to the following conditions:

a.

No adult entertainment use shall be located within 1,000 feet of any other adult entertainment use nor within 500 feet of any of the following uses:

(1)

All class "C" establishments licensed by the Michigan Liquor Control Commission.

(2)

Pool or billiard halls.

(3)

Coin-operated amusement centers.

(4)

Teenage discos or dance halls.

(5)

Ice or roller skating rinks.

(6)

Pawn shops.

(7)

Indoor or drive-in movie theaters.

(8)

Any public park.

(9)

Any church.

(10)

Any public or private school having a curriculum including kindergarten or any one or more of the grades, one through 12.

Such distance shall be measured along the centerline of the street or streets or address between two fixed points on the centerlines determined by projecting straight lines at right angles from the part of the above listed uses nearest to the contemplated location of the structure containing the adult entertainment use, and from the contemplated location of the structure containing the adult entertainment use nearest to a use listed above.

b.

No adult entertainment use shall be located within 500 feet of any area zoned residential. Such required distances shall be measured by a straight line between a point on the boundary line of a zoned residential area nearest to the contemplated structure or contemplated location of the structure containing the adult entertainment use to a point on the contemplated structure or contemplated location of the structure containing the adult entertainment use nearest to the boundary lines of a zoned residential area.

c.

All adult entertainment uses shall be contained in a freestanding building. Enclosed malls, commercial strip stores, common wall structures, and multi-uses within the same structure do not constitute a freestanding building.

d.

No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not regulated as an adult entertainment use. This provision shall apply to any display, decoration, sign, show window or other opening.

e.

The provisions of city ordinance no. 120 shall also apply.

4.

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

(Ord. No. 129-18, 4-11-2006)

1.

Open storage facilities for materials or equipment used in manufacturing, compounding or processing shall be totally obscured by a wall on those sides abutting R-1A, R-1B, R-2, R-3, O-1, C-1, C-2, and MXD districts, and on any front yard abutting a public thoroughfare except as otherwise provided in section 1423. In I districts, the extent of such a wall may be determined by the planning commission on the basis of usage. Such a wall shall not be less than four feet six inches in height and may, depending upon land usage, be required to be eight feet in height, and shall be subject further to the requirements of article XIV, general provisions. The height shall be determined in the same manner as the wall height is above set forth.

2.

All activities and uses within the district shall conform to the following performance standards.

a.

Smoke. A person or industry shall not discharge into the atmosphere from any single source of emission whatsoever any air contaminant for a period or periods aggregating more than three minutes in any one hour which is:

(1)

As dark or darker in shade as that designated as No. 112 on the Ringelmann chart, as published by the United States Bureau of Mines, or

(2)

Of such density as to obscure an observer's view to a degree equal to or greater than the level of smoke described in subsection (a) of this section.

(3)

At no time may smoke emissions be darker than Ringelmann No. 1.

b.

Open fires. A person or industry shall not burn any combustible refuse in any open outdoor fire within the district.

c.

Noxious gases.No noxious or malodorous gases shall be allowed to escape into the atmosphere in concentrations which are offensive, which produces a public nuisance or hazard on any adjoining lot or property, or which could be detrimental to human, plant, or animal life.

d.

Air contaminants. A person or industry shall not discharge from any source whatsoever such quantities of air contaminants or other material, including fly-ash, dust, vapor, or other air pollutants, which could cause injury or harm to health, animals, vegetation, or other property, or which can cause excessive soiling. Dust, dirt, smoke, or fly-ash shall not be in excess of 0.3 grams per cubic foot of flue gas at stack temperature of 500 degrees Fahrenheit and not to exceed 50 percent excess air.

e.

Glare and heat. Any operation or activity producing glare shall be so conducted that direct and indirect illumination from the source of light shall not cause illumination in excess of one-half of one foot candle when measured at any adjoining residence or business district boundary line. Flickering or intense source of light shall be so controlled as not to cause a nuisance across any lot lines.

If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time.

f.

Noise. No activity shall emit noise in excess of the standards specified in section 1427.

g.

Vibration. Vibrations from industrial operations and vehicular traffic in this district must be controlled to the extent that they cannot be felt past any property line.

h.

Radio transmission. For electronic equipment required in an industrial operation, the equipment shall be so shielded that its operation will not interfere with radio, television, or other electronic equipment.

i.

Storage of flammable materials. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment and such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

j.

Radioactive materials. No activity shall emit dangerous radioactivity at any point, or unreasonable electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.

k.

Water pollution. Pollution of water shall be subject to such requirements and regulations as are established by the Michigan State Department of Health, the Michigan Water Resources Commission, the Macomb County Health Department, and the U.S. Environmental Protection Agency. Such requirements and regulations shall apply in all cases except when they are less stringent than the following standards in which case the following standards shall apply:

(1)

No wastes shall be discharged in the public sewer system which is dangerous to the public health and safety.

(2)

Acidity or alkalinity shall be neutralized to a pH of 7.0 as a daily average on a volumetric basis, with a maximum temporary variation of pH 5.0 to 10.0.

(3)

Wastes shall contain no cyanides and no halogens and shall contain not more than 10 ppm of the following gases: hydrogen sulfite, sulfur dioxide, and nitrous oxide.

(4)

Wastes shall not contain any insoluble substance in excess of 10,000 ppm or exceeding a daily average of 500 ppm or fail to pass a No. 8 Standard Sieve, or have a dimension greater than one-half inch.

(5)

Wastes shall not have chlorine demand greater than 15 ppm.

(6)

Wastes shall not contain phenols in excess of .005 ppm.

(7)

Wastes shall not contain any grease or oil or any oil substance in excess of 100 ppm or exceed a daily average of 25 ppm.

See article XIII, schedule of regulations limiting the height and bulk of buildings, the minimum size of lot by permitted land use and providing minimum yard setback requirements.