[Code 1975, § 39-86; Code 1992, § 32-376]
In the M-1 Light Industrial District, the intent is to permit
certain industries which are of a light manufacturing character to
locate in planned areas of the City. So that such uses may be integrated
with nearby land uses, such as commercial and residential uses, limitations
are placed upon the degree of noise, smoke, glare, waste, and other
features of industrial operations so as to avoid adverse effects.
Certain commercial uses which are desirable to service the employees
and visitors of the industrial uses are also permitted in this district.
[Code 1975, § 39-87; Code 1992, § 32-377; 10-24-1994 by Ord. No. 1069; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord.
No. 1253; 1-23-2006 by Ord. No. 1257; 5-24-2010 by Ord. No. 1311; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005]
Principal permitted uses in the M-1 District are any of the
following uses when the operations of the business, manufacturing,
compounding or processing is conducted entirely within a completely
enclosed building. That portion of the land used for open storage
facilities for materials or equipment used in the manufacturing, compounding,
final product storage or processing shall be totally obscured by a
fence and/or landscaping six feet in height so as to screen such storage
area from the public streets and adjoining properties. In cases where
these properties abut a residential zoning district and a screening
fence is used in lieu of landscaping, there shall be a greenbelt of
landscaping at the residential property line in front of the fence.
Said principal permitted uses are:
(1)
Wholesale and warehousing. The sale at wholesale or warehousing of
automotive equipment; dry goods and apparel; groceries and related
products; raw farm products except livestock; electrical goods; hardware,
plumbing, heating equipment and supplies; machinery and equipment;
tobacco and tobacco products; paper and paper products; furniture
and home furnishings, and any commodity the manufacture of which is
permitted in this district;
(2)
Industrial establishments as follows:
a.
The assembly, fabrication, manufacture, packaging or treatment of
products such as food products excluding butchering or animal slaughtering,
candy, drugs, cosmetics and toiletries, musical instruments, optical
goods, toys, novelties, electrical instruments and appliances, computers,
wind turbines or other alternative energy equipment, radios and phonographs,
pottery and figurines or other ceramic products using only previously
pulverized clay.
b.
The assembly, fabrication, manufacture or treatment of such products
from the following previously prepared materials: bone, canvas, cellophane,
cloth, cork, felt, fibre, glass, leather, paper, plastics, precious
or semiprecious metals or stones, sheetmetal excluding large stampings
such as automobile fenders or bodies, shell, textiles, wax, wire,
wood excluding saw and planing mills, and yarns.
c.
Tool and die shops; metal working machine shops involving the use
of grinding or cutting tools; manufacturing of tools, dies, jigs and
fixtures; publishing, printing or forming of box, carton and cardboard
products.
d.
Laboratories: research or testing, including medical or clinical
laboratories.
e.
Central dry cleaning plants and laundries.
(3)
Public utility uses. Electric transformer stations and substations;
electric transmission towers, municipal buildings and uses; gas regulators
and municipal utility pumping stations.
(4)
Office of a building contractor or construction company. Any storage
of goods or equipment must be indoors or totally obscured by a screening
fence so the items are not visible from the public or adjacent properties.
(5)
Lumber yards or home improvement retail/warehouse facilities. The
majority of goods or product must be stored indoors. Any outdoor storage
shall be completely enclosed by a six-foot-high screening fence. Items
on display for sale, such as gazebos, lawn furniture, garden tractors,
etc., may not be displayed in the required front or side yard setbacks.
(6)
Indoor storage facilities or warehouses for storage of personal items,
or automobiles, including indoor storage of recreational vehicles
such as boats, motorhomes, and trailers. No exterior storage shall
be allowed.
(7)
Accessory buildings and uses customarily incidental to the principal permitted uses in Subsections (1) through (3) of this section, including sleeping or living quarters of security, watchman or caretaker. Storage pods or trailers used for accessory storage for the owner or tenant, located on the same property as an existing building, may be allowed with approval from the Planning Director. Accessory use of tanks to store any liquids, gases, solids, or other similar materials may be allowed with approval by the Planning Director and Fire Marshal. Any tanks that hold combustible or flammable liquids or gases shall be in compliance with Chapter 24, Fire Prevention and Protection, of the City Code of Ordinances, § 24-33. Accessory buildings or tanks shall meet all yard requirements as for accessory structures. All accessory buildings are subject to the regulations as indicated in § 52-676.
(9)
Within the boundaries of the following described industrial parks,
the following uses are permitted:
Industrial Park #1 (Business Park #1): That area of land in
the City described as lying south of the G.T.W. & C & O railroad
right-of-way; west of 16th Street; north of Dove Street; and east
of 24th Street. Also property lying south of Dove Street; west of
the west line of outlot B, Assessor's Military Street Plat No. 3;
north of Cleveland Avenue; and east of 24th Street.
Industrial Park #2 (Business Park #2): Land in the City lying
within the following boundaries: beginning at the center line of 26th
Street and the south right-of-way line of Dove Street; thence south
along such 26th Street center line to the center line of Cleveland
Avenue; thence westerly to the west right-of-way line of 28th Street;
thence south to the northeast corner of lot 3, Assessor's Vanness
& Moak Street Plat No. 1; thence westerly 317.83 feet; thence
northerly 20 feet; thence westerly 296.84 feet; thence southerly 20
feet; thence westerly to the east right-of-way line of 32nd Street
(City limits); thence northerly to the south right-of-way line of
Dove Street (City limits); thence easterly following the City limits;
thence following the City limits line northerly; thence easterly to
the east right-of-way line of 24th Street; thence southerly along
24th Street to the south right-of-way line of Dove Street; thence
westerly to the center line of 26th Street or point of beginning of
this description.
b.
Permitted uses shall include all principal permitted uses in this
M-1 District except the uses in Subsections (1), (2)e, (4), (5) and
(6) of this section.
c.
All uses are subject to the following:
1.
Such property may be used for industrial purposes, as stated
above, but such property shall not be used for the following purposes:
acid manufacture; cement, lime, gypsum, or plaster of paris manufacture;
distillation of bones, coal, tar, petroleum, refuse, grain, wood;
drilling for or removal of oil, gas, or other hydrocarbon substance;
explosives manufacture or storage; fat rendering; fertilizer manufacture;
garbage, offal or dead animal or fish reduction or dumping; glue manufacture;
hog farm; junkyard; smelting of ores; stockyard or slaughter of animals
except poultry or rabbits; tannery; or any other use which is objectionable
by reason of emission of odor, dust, smoke, gas, vibration, or noise
or which may impose a hazard to health or property.
2.
No buildings erected on the above-described property shall be
nearer than 50 feet to the line of 16th and 20th Streets, nor nearer
than 50 feet to the line of Dove Street, nor nearer than 50 feet to
the line of any existing or proposed street, nor shall any building
be erected nearer than 30 feet to the side lines of such property.
3.
No main or accessory building shall be situated less than 50
feet from any residential property line.
4.
No building shall exceed a height of three stories or 50 feet,
whichever is greater.
5.
No parking access and/or service area may be located less than
25 feet from any residential property line.
6.
Parking, loading or service areas used by motor vehicles shall be located entirely within the boundary lines of the industrial park and shall be in accordance with Article VI of this chapter.
7.
No loading docks or trucking parking may be located in any required
front yard or street side yard setback. Driveways leading to a loading
dock are allowed within the yard setback.
8.
All lot areas not used for buildings or parking, loading and
storage areas shall be landscaped. It shall be done attractively with
lawns, trees, shrubs, etc., and shall be properly maintained thereafter
in a well-kept condition.
9.
A wall or barrier of suitable material not less than six feet
high shall be constructed along those property lines which abut a
residential district.
10.
A landscape plan which includes the entire site shall be submitted
for approval to determine compliance with screening and planting strips.
11.
Lighting facilities shall be required where deemed necessary
for the safety and convenience of employees and visitors. These facilities
will be arranged in such a manner so as to protect abutting streets
and adjacent properties from unreasonable glare or hazardous interference
of any kind.
12.
The outdoor storage of equipment, raw materials, semifinished
or finished products may be permitted only when such outdoor storage
is necessary and incidental to the operations being carried on in
the buildings located upon the site. All storage shall be contained
to a height and size so as to be shielded by fence or landscaping
so as to screen such storage area from the public streets and adjoining
properties, or within an enclosed, permanently constructed building
of like materials and style of existing building. The Planning Director
and Chief Inspector will determine if the fencing or landscaping is
adequate. No temporary buildings (tarps, tents, huts, etc.) shall
be used for storage, nor shall storage be in an unenclosed permanently
constructed building.
[Code 1975, § 39-88; Code 1992, § 32-378; 10-10-2005 by Ord. No. 1253; 1-23-2006 by Ord. No. 1257; 10-22-2007 by Ord.
No. 1280; 5-24-2010 by Ord. No. 1311; 6-25-2012 by Ord. No. 1337; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005; 10-9-2017 by Ord. No. 17-015; 4-23-2018 by Ord. No. 18-007]
The following uses may be permitted in the M-1 District, subject
to the conditions imposed and subject further to the approval of the
Planning Commission:
(1)
Eating and drinking establishments when food or beverage is consumed
within a completely enclosed building. Establishments with a character
of drive-in or open-front store are prohibited.
(2)
Barbershops and beauty shops.
(3)
Truck tractor and trailer sales, rental and repair.
(4)
New automobile rental and leasing agency; new and used car salesrooms, including outdoor sales space in accordance with § 52-383, and must certify that the business location meets the expanded established place of business requirements required by the regulations for the State of Michigan and Public Act 495 of 2004 (or most-current state regulations). Inoperable vehicles or vehicles used for parts may not occupy the premises. If there is an automotive service bay connected with this establishment, the business shall be subject to the regulations of § 52-678 for automobile service stations.
(5)
Motels.
(6)
Automobile fuel stations, and automobile service or repair facilities, in accordance with § 52-678.
(7)
Drive-in theaters, provided that:
a.
Any such site is adjacent to a major thoroughfare;
b.
There shall be no vehicular access to any residential street;
c.
Suitable screening shall be provided to ensure that there shall be
no highlight or other illumination directed upon any residentially
zoned or developed property;
d.
The picture is not visible from a major thoroughfare; and
e.
Any such drive-in theater site shall be located no closer than 500
feet to any residentially zoned or developed property.
(8)
Dog kennels; pet boarding facilities; animal shelters; or animal
humane societies. The primary shelter and sleeping accommodations
for the animals shall be indoors. Outdoor pet activity areas which
are supervised are allowed and shall be screened by a minimum six-foot-high
solid screening fence or wall. Landscaping must be maintained between
the fence/wall and the property line. The animals must be kept in
a clean, sanitary condition and must be kept in an air-conditioned
and/or heated area. The animal must be fed and watered. The City Animal
Control Officer will have the right to inspect the business at will
to check living accommodations.
(9)
Outdoor recreational vehicle storage yards for storage of boats,
motor homes, and travel trailers. All exterior storage shall be completely
enclosed by a six-foot-high screening fence.
(10)
Equipment rental facilities.
(11)
Truck and bus terminals. Any outdoor storage of trucks or buses
shall be enclosed by a six-foot-high screening fence.
(12)
Indoor recreational facilities, such as sports arenas.
(13)
Rental storage facilities requiring exterior storage space.
All exterior storage shall be completely obscured by a six-foot-high
screening fence so as not to be seen by the public or adjacent properties.
(14)
Probation, parole, rehabilitation, or recovery facilities, as defined in §§ 52-4 and 52-5, and subject to the following conditions:
a.
Any new construction shall be built in accordance with the Schedule of Regulations, § 52-621,[1] for a new multifamily structure for the A-1 Zone in regards
to setbacks, lot size, coverage, and density, building size, etc.,
and shall not be located within a radius of 1,500 feet of a residential
dwelling, a residential zoning district, a school, a shelter where
children may reside, or a day-care center, playground or public park.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
b.
A site plan shall be submitted indicating the location of the buildings,
property lines, parking, and recreation areas. For all new construction,
an engineered site plan shall be submitted and a site plan review
shall be required.
c.
A floor plan shall be submitted indicating the layout of sleeping
areas, rooms, or apartments, and sanitary and kitchen facilities.
Any new construction shall be in accordance with the applicable building
code.
d.
A parking lot shall be provided, including one parking space for every employee and one for every two residents. A variance from the Zoning Board of Appeals may be obtained to allow for fewer parking spaces. Parking is not allowed in the front yard. Parking shall be in accordance to Article VI of this chapter.
e.
An outdoor recreation area shall be located on site.
f.
The entire site shall be enclosed with a six-foot-high screening
fence at the property line. At the street property line, the fence
shall be set back in line with the adjacent building.
(15)
Sorting or recycling facilities that reprocess paper, metal,
glass, and other recyclable materials. All materials, equipment, and
vehicles shall be stored inside of a building.
(16)
Transitional housing facility/homeless shelter, as defined in § 52-5, and subject to the following conditions:
a.
For any facility, interior changes, additions or change to the footprint,
a floor plan shall be submitted indicating the layout of sleeping
areas, rooms, or apartments, and sanitary and kitchen facilities.
Any new construction shall be in accordance to the applicable building
code.
b.
A site plan shall be submitted indicating the location of the buildings,
property lines, parking, and recreation areas.
c.
All facilities must be certified by the Building Inspection Division
and meet all fire, building, health, and safety codes.
d.
A parking lot shall be provided, including one parking space per staff member, one for every three individual residents, and one space per family. A variance from the Zoning Board of Appeals may be obtained to allow for fewer parking spaces. Parking is not allowed in the front yard. A five-foot-high screening fence, wall, or solid shrubs shall be constructed around the parking lot at the property line between said lot and any adjacent residential properties. Parking shall be in accordance with Article VI of this chapter.
(17)
Automotive or vehicle towing facilities. There shall be no more
than 10 vehicles stored on the premises at any given time. All vehicles
must be kept indoors or within a six-foot-tall solid screening fence.
This fence shall conform to the setback regulations of the zoning
district. Any vehicles which are left overnight, including service
vehicles, shall be parked indoors or within a six-foot-tall solid
screening fence. No vehicles, stored or in service, may be left outdoors
in public view overnight. All parking must conform to the zone; no
front yard parking is allowed. Vehicles may not be stored for more
than 60 days.
[Code 1975, § 39-89; Code 1992, § 32-379]
Any use permitted in the M-1 District must also comply with
all applicable federal, state, county and City health and pollution
laws and regulations with respect to noise, smoke and particulate
matter, vibration, noxious and odorous matter, glare and heat, fire
and explosive hazards, gases, electromagnetic radiation and drifting
and airborne matter.
[Code 1975, § 39-90; Code 1992, § 32-380; 10-10-2005 by Ord. No. 1253]
For all uses permitted in an M-1 District wherein a major addition to the building requiring parking lot changes are required or a new building is constructed, and for all permitted uses allowed after special approval, a site plan shall be submitted, and no building permit shall be issued until the site plan has been approved by the Planning Commission in accordance with § 52-697.
[Code 1975, § 39-91; Code 1992, § 32-381]
Area, height, bulk and placement requirements in the M-1 District, unless otherwise specified, are as provided in § 52-621 pertaining to the Schedule of Regulations.[1]
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
