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Watson Township City Zoning Code

CHAPTER 11

I-1 INDUSTRIAL DISTRICT

11.01 Description And Purpose

The purpose of this district classification is to establish a zone where designated trades and industries may locate which produce a minimum amount of adverse effect on surrounding premises of a higher use classification and which provides for a high quality of industrial land use. Those uses designated as permitted uses are intended to include uses and operations which, by their general nature, do not cause a nuisance or annoyance to adjacent property owners and occupants in higher use district classifications. Those uses designated as special land uses are intended to include uses which require additional conditions and limitations in their operations which, after implementation, will similarly provide a minimum of nuisance or annoyance to adjacent property owners and occupants in higher use district classifications. In this regard, no building or premises shall be used and no buildings shall hereafter be erected or altered within an "I-1" Industrial District unless hereinafter specifically permitted as a principal permitted use or a special land use. Subject to the conditions and limitations imposed upon the same.

11.02 Permitted Uses

The following designated uses shall be considered principal permitted uses provided they are contained within completely enclosed buildings or within areas enclosed on all sides by a wall or fence consisting of material judged suitable by the Township Planning Commission not less than 6 feet in height. All such uses shall have ingress and egress from an all-season industrial road meeting Allegan County Road Commission specifications, and shall be operated in a manner that will not negatively impact upon adjacent properties in higher classifications. All chemical storage shall be within containers of a material approved by the State Fire Marshall for the storage of a particular chemical involved and supplied with a monitoring device to detect any leakage to the atmosphere or ground. In addition, a warning device may be required in proper circumstances by the Planning Commission to further control any leakage and protect the environment. (Amended Ord. 2003-1, Adopted 5/1/03, Effective 5/20/03)

  1. Businesses which perform the manufacture, compounding, processing, packing, or treatment of such products as candy, cosmetics, perfumes, toiletries, and food products, except the rendering or refining of fats and oils.
  2. Businesses which perform the manufacture, compounding, assembly, or treatment of articles from the following previously prepared materials: aluminum, bone, cellophane, canvas, cloth, cork, feathers, felt, fibers, fur, glass, hair, born, leather, paint, paper, plastics, precious or semi-precious metals or stones, shell, rubber, tin, iron, steel, and tobacco, wood and yarn.
  3. Businesses which perform the manufacture, only by electricity or gas, of pottery and figurines or other ceramic products, using only previously pulverized clay.
  4. Bottling plants and dairies.
  5. Crating and packing service.
  6. Machine shops.
  7. Printing shops.
  8. Post office, government, administration and service buildings.
  9. Public schools.
  10. Religious institutions and places of religious assembly subject to the following standards:
    1. The place of assembly must be located within an existing building having at least one additional and distinct tenant occupying at least 50% of the building space that is either used for or is available for use by one or more other uses (other than assembly uses) permitted in the Zoning District.
    2. The tenant space occupied by the assembly use shall meet all applicable health, safety and building codes relating to public assembly.
    3. The requirements of parking spaces shall be met independent of spaces required for other tenants of the building. A parking plan delineating the spaces shall be provided along with the application for occupancy permit. One parking space for each three (3) seats or six feet of pew, based upon the maximum seating capacity of the assembly area shall be required.
    4. The assembly use shall not include living quarters.
  11. Business offices.
  12. Commercial cleaning establishments.
  13. Central dry cleaning plants.
  14. Research facilities and laboratories
  15. Tool and die shops.
  16. Metal bending and welding shops.
  17. Painting and auto body shops.
  18. Sign painting and servicing shops.
  19. Warehouses and storage facilities including self-serve and mini-storage
  20. Wholesale sales and distribution establishments.
  21. Light industrial uses which the Township Planning Commission judges to be of the same general character as the above permitted uses.
  22. Billboards in accordance with Chapter 16, Section 16.05
  23. Essential service utilities, poles and fixtures.
  24. Taxidermy shops

11.03 Special Land Uses

The following uses may be permitted subject to the conditions set forth in Chapter 15 and all general and specific standards contained or referenced therein. All Special Land Uses shall have ingress and egress from an all-season industrial road meeting Allegan County Road Commission specifications. All chemical storage shall be within containers of material approved by the State Fire Marshall for the storage of a particular chemical involved and supplied with a monitoring device to detect any leakage to the atmosphere or ground. In addition, a warning device may be required in proper circumstances by the Planning Commission to further control any leakage and protect the environment.

  1. Auto and truck washes.
  2. Wholesale storage facilities for petroleum and chemicals.
  3. Contractors yards; equipment storage yards.
  4. Essential service structures such as telephone exchange and/or repeater buildings, electrical sub-stations, gas regulator stations and buildings, subject to the provisions of Section 22.04.
  5. Mineral extraction, sand, gravel and soil removal and processing subject to Chapters 15 and 17.
  6. Towers and communications facilities subject to Chapters 15 and 21.
  7. Showrooms for plumbers, electricians, decorators and similar trades.
  8. Retail sales where such use is clearly incidental to an established principal use by way of floor area, traffic generation, exterior building appearance and signage.
  9. Resource recovery and disposal facilities for Type II and Type III wastes.
  10. Animal rendering plants.
  11. Automobile, recreational vehicles, heavy truck or farm equipment sales and service.
  12. Auto, truck, recreational vehicles or equipment rental.
  13. Private roads subject to Chapters 15 and 20.
  14. Salvage yards/junk yards

11.04 Toxic And Radioactive Waste

No toxic or radioactive waste shall be stored or disposed of on any site, above or below ground, in Watson Township.

11.05 Performance Standards

Any permitted or special land use established in the I-1 Industrial District shall not be permitted to carry out any activity or operation or use of land, building or equipment that produces an irritant to the sensory perceptions greater than the standard measures for safeguarding human safety and welfare.

  1. Noise. No operation or activity shall be carried out in the I-1 Industrial District which cause or create measurable noise levels exceeding the maximum sound pressure levels prescribed in Table A, as measured on or beyond the property lines of the operation or activity.

    Table A
    Maximum Permitted Sound Pressure Levels in Decibels
    (Post-1960 Preferred Frequencies)
    Center Frequency (Cycles/Second)
    DayNight
    31.58577
    638073
    1257567
    2507062
    5006555
    1,0006051
    2,0005044
    4,0004537
    8,0004033
    * Sound level meter set on the "C" or "Flat" scale, slow response.

    Where street traffic noise directly adjacent to the boundary line exceed these maximum permitted levels, the intensity levels permitted may then exceed those levels specified in the tables but may not exceed the level of the subject adjacent street traffic noises. For those areas in which the existing background noise levels exceed the maximum permitted levels, the noise levels at the boundary line may not exceed the background noise levels.

    Sounds of an intermittent nature or characterized by pure tones may be a source of complaints even if the measured level does not exceed that specified. In such cases, the complaints shall be investigated to determine the nature of and justification for the complaint and possible corrective action. If the complaints are not resolved within sixty (60) days, the Building Inspector may then proceed to take steps to enforce the terms of the Zoning Ordinance in accordance with the remedies provided herein.

    Application for variance from the sound level provisions may be submitted to the Board of Appeals. In such cases, the owner or operator of equipment on the property in the specific district shall submit a statement regarding the effects of noise from his equipment on the noise levels in the surrounding area. This statement will include a study of background noise levels, predicted levels at the boundary lines due to equipment operation and justification for the variance. The requests for variance will be reviewed by the Board of appeals and granted where unnecessary hardship would otherwise be imposed upon the applicant and where no basic injury to the surrounding area will result. The Board of Appeals may impose conditions of operation in granting a variance.
  2. Dust, Soot, Dirt, Fly Ash, and Products of Wind Erosion. The regulation of smoke, dust, soot, dirt, fly ash, and products of wind erosion shall be subject in all respects to the State of Michigan Air Pollution Control Act. The Township Planning Commission shall have the right to monitor any emissions which are part of the production or manufacturing activity and which are suspect of disturbing the ambient air quality of Watson Township.
  3. Vibration. Machines or operations which cause vibration shall be permitted, but no operation shall be permitted to produce ground transmitted oscillations which cause a displacement exceeding that specified in the following Tables B and/or C, as measured at the property line. These vibrations shall be measured with a seismograph or accelerometer, preferably the former.

    For purposes of this Ordinance, steady vibrations are vibrations which are continuous, or vibrations in measurable impulses more frequent than sixty (60) per minute. Measurable impulses which do not exceed sixty (60) per minute shall be considered impact vibrations.

    Between the hours of 8:00 p.m. and 6:00 a.m. all of the above maximum vibration levels, as measured on or beyond the boundary line of residentially used or zoned areas adjacent to an Industrial District, shall be reduced to one-half (1/2) the indicated permissible values.

    TABLE B
    MAXIMUM PERMITTED STEADY VIBRATION IN INCHES
    Frequency
    (Cycles Per Second)


    10 and below
    0.001
    10 to 19
    0.0008
    20 to 29
    0.0005
    30 to 39
    0.0003
    40 and above
    0.0001

    TABLE C
    MAXIMUM PERMITTED IMPACT VIBRATION IN INCHES
    Frequency
    (Cycles Per Second)


    10 and below
    0.002
    10 to 19
    0.0015
    20 to 29
    0.001
    30 to 39
    0.0005
    40 and above
    0.0002
  4. Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any property line, when diluted in the ratio of one (1) volume of odorous air to four (4) or more volumes of clean air, so as to produce a public nuisance or hazard beyond lot lines is prohibited.
  5. Glare and Heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot lines, except during the period of construction of the facilities to be used and occupied.

    Bare bulbs used in signs in or near a residentially used area shall be no greater than ten (10) watts. Within five hundred (500) feet of a residentially used area, bare bulbs which are visible in the residential area may not exceed fifteen (15) watts.
  6. Fire and Safety Hazards. The storage and handling of flammable liquids, liquefied petroleum gases, and explosives shall comply with all regulations of the Township of Watson, Allegan County, and with all State rules and regulations, and regulations as established by the Fire Prevention Act, Act 207, Public Acts of 1941, as amended.
  7. Light. Exterior lighting shall be so installed that the surface of the source of light shall not be visible from the nearest residential district boundary and it shall be so arranged to reflect light away from any residential use. In no case shall more than one (1) foot-candle power of light cross a lot line five (5) feet above the ground into a Residential District.

    Illumination levels shall be measured with a foot-candle meter or sensitive photometer and expressed in foot-candles.
  8. Gases. The escape of or emission of any gas which is injurious or destructive or explosive shall be unlawful and may be summarily caused to be abated. SO2 gas, as measured at the property line at ground elevation, shall not exceed an average of 0.3 ppm, H2S likewise shall not exceed 1 ppm, Fluorine, chlorine, and bromine shall not exceed 0.1 ppm, Nitrous fumes shall not exceed 5 ppm, and Carbon Monoxide shall not exceed 15 ppm; all as measured during any 24-hour sampling period.
  9. Electromagnetic Radiation. Applicable rules and regulations of the Federal Communications Commission in regard to propagation of electromagnetic radiation are hereby made a part of this Ordinance.
  10. Drifted and Air-Borne Matter, General. The drifting of air-borne transmission beyond the lot line of dust, particles or debris from any open stock pile shall be unlawful and shall be summarily caused to be abated.
  11. Any power production or combustion process which burns any material or fuel other than natural gas, fuel oil or propane which will or may create, smoke, odor, dust, particulate, fly ash or other emission routinely or sporadically to the atmosphere, which alters the ambient air quality as presently exists in Watson Township, shall be prohibited.
  12. Where determination of violation of performance standards will likely entail the use of highly skilled personnel and expensive or unusual instrumentation not ordinarily available to the Township and when, in the considered judgment of the Building Inspector a violation exists, the procedure will be as follows:
    1. Notice. The Building Inspector shall give written notice, by certified mail (return receipt requested or other means insuring a signed receipt for such notice) to those owners or operators of subject use deemed responsible for the alleged violations. Such notice shall describe the particulars of the alleged violation and the reasons why the Building Inspector believes there is a violation in fact, and shall require an answer or a correction of the alleged violation to his satisfaction within a reasonable time limit set by him. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Building Inspector within the time limit set constitutes admission of violation. The notice shall further state that upon request of those to whom it is directed, technical determinations as described in the appropriate portions of this Ordinance will be made, and that if the violation as alleged is found to exist in fact, costs of the determinations will be charged against those responsible in addition to such other penalties as may be appropriate. If it is determined that no substantive violation exists, then the costs of this determination will be paid by the Township.
    2. Correction of Violation Within Time Limit. If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Building Inspector, be shall note "Violation Corrected" on his copy of the notice and shall retain it among his records, taking such other action as may be warranted by the circumstances of the case.
    3. No Correction; No Reply. If there is no reply within the time limits set (thus establishing admission of violation as provided in "a" above), and the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, he shall take or cause to be taken such action as warranted by continuation of an admitted violation after notice to cease.
    4. Reply Requesting Extension of Time. If a reply is received within the time limit set indicating that an alleged violation will be corrected to the satisfaction of the administrative official, but that more time is required than was granted by the original notice, the Building Inspector may grant an extension of time, if he deems such extension is warranted in the circumstances in the case, and if such extension will not, in his opinion, cause imminent peril to life, health, or property. In acting on such requests for extension of time, he shall in writing state his reasons for granting or refusing to grant the extension and shall transmit the same by certified mail (return receipt requested or other means insuring a signed receipt) as provided in subsection "a" above, to those to whom the original notice was sent.
    5. Reply Requesting Technical Determination. If a reply, is received within the time limit set requesting technical determinations as described in the appropriate provisions of this Ordinance and if the alleged violations continue, the Building Inspector may call in properly qualified experts to make the determinations. If expert findings Indicate violation of the performance standards do exist in fact, the costs of the determinations shall be paid by the persons responsible for the violations, in addition to such other penalties as may be appropriate under the terms of this Ordinance. If no substantive violation is found, costs of the determination shall be paid by the Township.
  13. If, after the conclusion of the time granted for compliance with the performance standards, the Building Inspector finds the violation is still in existence, any permits previously issued shall be void and the operator shall be required to cease operation until the violation is remedied.
  14. Appeals. The Building Inspector's action with respect to the performance standards procedure may be appealed to the Zoning Board of Appeals within thirty (30) days following receipt of notice of said action by the violator or property owner. In the absence of such appeal, the Building Inspector's determination shall be final. Appeals may be taken by adjoining property owners or occupants as well as by the applicant.

11.06 Air And Groundwater Quality - Local Ability To Monitor And Observe Industrial Activities With Emergency Shutdown Authority

  1. Any process that produces dust or ash like material must make provisions to collect and transport the same in approved closed containers.
  2. The Watson Township Building Inspector, Zoning Administrator, Constable, Planning Commission, or other authorized and designated officials or qualified persons, shall have full access to any facility including, but not limited to, the operational records, air pollution control equivalent, groundwater monitoring equipment and shall have authority to shut down any facility on an emergency basis, if toxic or radioactive waste are found, or if solid hazardous or liquid hazardous wastes are being disposed of in the Township, or where state permits, or operational license requirements are not being followed, or a violation of this ordinance or any state or federal regulations are occurring, or the air or ground water quality is being diminished.
  3. The operator of any process that may adversely impact the environmental quality shall, at no cost to Watson install, maintain and routinely operate "State-of-Art" monitoring devices which monitor groundwater and air quality. The number and location of monitors shall be determined by the Watson Township building inspector, zoning inspector, constable, or other authorized and designated official or qualified person. Monitoring may require the installation of test well(s) with water samples taken from the well(s) periodically to ensure the protection of groundwater quality.

11.07 Site Plan Review

For all permitted and special land uses allowed in the I-1 District, a site plan shall be submitted in accordance with Chapter 14.

11.08 Height Regulations

No building shall exceed three (3) stories or forty-five (45) feet, whichever is lesser, in height. Height limits shall not apply to water towers, smoke stacks, or other such appurtenances.

11.09 Area Regulations

No building or structure nor the enlargement of any building or structure shall be hereafter erected unless the following requirements are provided and maintained in connection with such building, structure, or enlargement.

  1. Front Yard. There shall be a front setback of not less than seventy-five (75) feet. No off-street parking may be permitted in the required front yard. A seventy-five (75) foot landscaped area shall be provided in the required front yard.
  2. Side Yards.
    1. Where the side yard of a lot abuts the side of a lot in the Industrial Zone, there shall be a side yard of not less than twenty (20) feet.
    2. In all other cases, there shall be a side yard of not less than fifty (50) feet.
  3. Rear Yard. There shall be a rear yard of not less than fifty (50) feet.
  4. Lot Area and Width. Exclusive of public and private street right of way the minimum lot area shall be fifteen thousand (15,000) square feet and the minimum lot width shall be one hundred (100) feet. (Amended Ord. 2000-4Z, 5/23/00)

11.10 Special Controlled Uses

Please reference Chapter 13, Special Controlled Uses for provisions relating to certain adult and sexually oriented uses and activities.

11.11 Signs

As regulated by Chapter 16.

11.12 Parking And Loading Spaces

As regulated by Chapter 18.