Within each zoning district is contained a section entitled "regulations" which provides the framework for regulating the spatial characteristics of building sites, (i.e., yard setbacks, building heights, lot sizes, etc.) to ensure adequate light, open space, access and aesthetics. Further criteria that are contained within this article provide detailed regulations and restrictions in order to protect neighboring uses from possible adverse impacts associated with a given use. These criteria are intended to protect the general health, safety and welfare by limiting where uses may be established, ensuring that traffic congestion is minimized, controlling the intensity of use and prescribing other such performance criteria as may be necessary to meet the defined purposes of this ordinance. Because flexibility in applying the basic zoning regulations is a primary focus of this ordinance, a comprehensive performance evaluation process is incorporated as an alternative to more standard regulations to review proposed uses on the basis of performance. It is also intended to ensure compatibility between neighboring, and perhaps dissimilar land uses. The City Manager may direct the developer in the application of site performance criteria to a new development to provide for greater creativity and flexibility in the design and layout of the proposed development.
Several terms are used within the text or tables of this article that warrant clarification. In addition to the definitions set forth in Article 2, the following words shall have the meanings hereinafter set forth.
BASE SITE AREA
A land area determination derived by simple calculation of gross site area excluding certain specified variables (see table in § 18.04:1).
BUFFER YARD
A strip of land, including any specified type and amount of planting or structures which may be required to protect one type of land use from another, or minimize or eliminate conflicts between them.
FLOOR AREA RATIO
An intensity of use measured as a ratio, derived by dividing the total floor area of the building by the base site area.
IMPERVIOUS SURFACE RATIO
A measure of the intensity of land use which is determined by dividing the total area of all impervious surfaces (those that do not absorb water) by the base site area.
LAND USE CLASSES
A hierarchy of certain land use types that require compliance with specific performance standards as a criteria of their approval in a given zoning district (see table in § 18.05:1).
OPEN SPACE RATIO
The proportion of a site consisting of required open space as defined and specified in § 18.04:4 and which shall be calculated using the base site area. Roads and drives may be located within the required open space; provided, however, open space land shall not be occupied by required parking areas.
SUBDIVISION
The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of the Land Division Act by Sections 108 and 109 (MCL § 560.108, § 560.109). The terms "subdivide" or "subdivision" do not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel, and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the land division act or the requirements of an applicable local ordinance.
SUBDIVISION, CONVENTIONAL
A subdivision consisting of single-family dwellings on individual lots with no provisions for clustering of dwelling units, reduction of lot sizes below the specified lot area, or required community or neighborhood open space. A conventional subdivision is characterized by division of the entire subject parcel into individual lots.
SUBDIVISION, PERFORMANCE OR OPEN SPACE
A subdivision that permits the residential builder considerable freedom in design. It allows adjustments in lot sizes and clustering of dwelling units to better adjust to the constraints of a site or of adjoining uses. Further, it ensures adequate open space for the residents of each such subdivision.
18.03:1. 
Land which is required by this ordinance to remain as open space may be used for recreation, resource protection, visual amenity and other purposes specified in this section. Open space land shall be freely accessible to all residents of a development. Open space land shall not be occupied by nonrecreational buildings, roads, or road rights-of-way except as permitted by the definition of "open space ratio" in § 18.02, nor shall it include the yards or lots of single-family or multifamily dwelling units required to meet the minimum standards or parking areas.
18.03:2. 
All developments required by this ordinance to provide open space shall meet the following requirements:
(a) 
Land designated as open space shall be maintained as open space and may not be separately sold, subdivided, or developed except as provided below.
(b) 
For performance subdivisions, planned unit developments and site condominiums, an open space plan shall be submitted as part of the application for a zoning certificate (see Article 3). This plan shall designate and indicate the boundaries of all open space areas required by this ordinance. The plan shall:
(1) 
Designate areas to be reserved as open space. The specific design of open space areas shall be sensitive to the physical and design characteristics of the site.
(2) 
Designate the type of open space which will be provided.
(3) 
Specify the manner in which the open space shall be perpetuated, maintained and administered.
(c) 
The types of open space which may be provided to satisfy the requirements of this ordinance, together with the maintenance required for each type, are as follows:
(1) 
Natural areas are areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands, woodland swamps (hydric soils) and wetlands (hydric prairies) are specific types of natural areas. Maintenance is limited to removal of litter, dead trees and plant materials and brush. Natural watercourses are to be maintained as free-flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain levels.
(2) 
Garden plots are the division of open space into plots for cultivation as gardens by residents. Maintenance may be limited to weeding and fallowing.
(3) 
Recreational areas are areas designed for specific, active recreational uses such as totlots, tennis courts, swimming pools, ball fields and similar uses. Recreational areas shall be accessible to all residents of the development. Maintenance is limited to ensuring that there exist no hazards, nuisances, or unhealthy conditions.
(4) 
Greenways are linear greenbelts linking residential areas with other open space areas. These greenways may contain bicycle paths, footpaths and bridle paths. Connecting greenways between residences and recreational areas is encouraged.
(5) 
Lawns consist of grass with or without trees. Maintenance is limited to mowing to ensure neatness.
(6) 
Interim open space. Land intended for future development may be designated as a holding zone and thus remain vacant until such time as this land is annexed or rezoned as a development district.
(d) 
All designated open space shall be large enough to be usable open space. The minimum width/length dimension for usable open space shall be 10 feet and the minimum area shall be 100 square feet.
18.03:3. 
Preservation of open space. Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved and maintained as required by this section by any of the following mechanisms or combinations thereof:
(a) 
Dedication of open space to the City of Ithaca or an appropriate public agency, if there is a public agency willing to accept the dedication.
(b) 
Common ownership of the open space by a homeowner's association which assumes full responsibility for its maintenance.
(c) 
Dedication of development rights of open space made to an appropriate public agency with ownership remaining with the developer or homeowner's association. Maintenance responsibility shall remain with the property owner.
(d) 
Deed-restricted private ownership which shall prevent development and/or subsequent subdivision of the open space land and provide for the maintenance responsibility. In the event that any private owner of open space fails to maintain the open space according to the standards of this ordinance, the City of Ithaca may, following reasonable notice and demand that the deficiency of maintenance be corrected, enter the open space to maintain same. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the open space.
This section contains those basic standards applicable to the districts' varied uses permitted within this ordinance. The standards as contained in § 18.04:4 are minimum standards and must be met by each use as specified. The minimum development/lot area specifies the minimum lot size for which development may be proposed. The floor area ratio controls the amount of building floor area permitted per unit of lot area. Finally, the open space ratio regulates the undeveloped open space that must be provided per use type in a given district.
18.04:1. 
Base site area (how to determine).
(a)
Gross site area as determined by legal description, survey or assessor's records.
_____ acres
(b)
Subtract land within rights-of-way of existing roads or utilities and easements.
(-)
_____ acres
(c)
In those instances where mixed uses might be proposed:
(1)
Subtract land used or proposed for residential use in determining base site area for nonresidential purposes; or
(-)
_____ acres
(2)
Subtract land used or proposed for nonresidential use in determining base site area for residential purposes.
(d)
Subtract land required for buffer yard (see § 18.06:2).
(-)
_____ acres
(e)
Equals base site area.
=
_____ acres
Example - how to determine base site area of retail business in the General Commercial District:
(a)
Gross site area (100 feet x 100 feet).
10,000 square feet
(b)
Subtract rights-of-way, roads or easements.
0
(c)
Subtract noncontiguous area.
0
(d)
Subtract any land proposed for residential purpose.
0
(e)
Subtract buffer yard (see diagrams).
-
2,000 square feet
(f)
Equals base site area.
8,000 square feet
18.04:2. 
Determination of site capacity for all nonresidential uses. Individual site capacity for institutional, office, commercial and other nonresidential uses, as denoted in various zoning districts, is determined as follows:
Example - Retail business in General Commercial District:
(a)
Take base site area.
8,000 square feet
(b)
Multiply by floor area ratio.
x
0.30
(c)
Equals permitted floor area.
=
2,400 square feet
(d)
Then take base site area.
8,000 square feet
(e)
Multiply by open space ratio.
x
0.30
(f)
Equals required open space.
=
2,400 square feet
Summary:
(a)
Gross site area.
10,000 square feet
(b)
Buffer yards.
(-)
2,000 square feet
(c)
Permitted floor area.
(-)
2,400 square feet
(d)
Required open space.
(-)
2,400 square feet
(e)
Parking.
(-)
2,880 square feet*
Balance (for drives, parking or other)
=
320 square feet
*2,400 square feet of permitted floor area divided by 150 square feet = 16 spaces x 180 square feet = 2,880 square feet. (See Article 27, off-street parking)
18.04:3. 
Determination of site capacity for other residential uses in R-1, R-2, R-3 and R-4 Districts. The individual site capacity and total density for two-family residential uses, as permitted in the R-3 District, and two-family and multifamily residential uses as permitted in the R-4 District are determined as follows:
Example - Two-bedroom townhouses in the R-4 District:
(a)
Base site area
30,000 square feet
(b)
Multiply by open space ratio
x
0.30
(c)
Equals required open space
=
9,000 square feet
(d)
Base site area
30,000 square feet
(e)
Multiply by floor area ratio
x
0.50
(f)
Equals permitted floor area
=
15,000 square feet
(g)
Divided by minimum floor area
720 square feet
(h)
Maximum density dwelling units
=
20.80
18.04:4. 
Table of district performance standards.
Zoning District and Use
Minimum Developable Lot Area
Maximum Floor Area Ratio
Minimum Open Space Ratio
R-1 District
Performance subd.
14,700 square feet
0.25
0.60
Other residential
22,000 square feet
0.25
0.60
Institutional
1 acre
0.20
0.80
Recreational
1 acre
0.05
0.80
Other
1 acre
0.05
0.80
R-2 District
Performance subd.
13,300 square feet
0.25
0.50
Other residential
20,000 square feet
0.25
0.50
Institutional
1 acre
0.25
0.60
Recreational
1 acre
0.05
0.80
Other
1 acre
0.10
0.80
R-3 District
Performance subd.
8,000 square feet
0.25
0.30
Other residential
12,000 square feet
0.25
0.30
Institutional
12,000 square feet
0.30
0.30
Recreational
12,000 square feet
0.30
0.40
Other
12,000 square feet
0.40
0.40
This section classifies all land uses permitted by this ordinance according to their degree of intensity or impact they are likely to impose on adjacent land uses. All uses within a specific class (§ 18.05:1) are considered to have equal impact relative to neighboring uses. Greater intensity impacts may include increased vehicular or pedestrian traffic and associated noise and congestion, larger signs, exterior lighting, more dominating buildings, increased stormwater runoff associated with larger roof surfaces and parking areas and other similar factors. The individual zoning district controls whether or not a specific use can develop on a lot in that district, while the land use classes are fundamental in determining the level of protection required. The range of land use classes open to a use does not affect whether it can locate on its lot, but only how it can develop on that lot.
Performance standards are specified for each land use class. A use that exceeds any single standard in a land use class moves that use to the next higher land use class. In the event that a specified use does not appear in the next higher land use class, it may not exceed any single criteria in the land use class in which it is listed.
18.05:1. 
Land Use Class Number and General Use Category.
Class I.
Single-family detached residences
Two-family dwelling
ECHO housing
Open space/conservation use
Class II.
Performance subdivision
Public/private recreational facilities
Cemeteries
Prefabricated housing development
Mobile home park
Class III.
Religious institutions
Educational institutions, nursery schools
Child care, group care facilities
Multifamily dwellings
Convalescent homes
Funeral homes
Class IV.
Offices
Private clubs, lodges
Convenience retail establishments
Hospitals, medical centers
Class V.
General retail establishments
Service commercial uses
Research and development uses
Wholesale and warehousing
Other industrial uses
Recreation/amusement businesses
18.05:2. 
Land use intensity class standards.[1]
[1]
Editor's Note: The land use intensity class standards are included as an attachment to this chapter.
The buffer yard is a designated unit of yard or open area together with any plant materials, barriers or fences required thereon. Both the amount of land and the type and amount of landscaping specified are designated to lessen impacts between adjoining land uses. By using both distance and landscaping, potential nuisances such as noise, glare, activity, dirt, unsightly parking areas, and so forth, will be minimized.
The buffer yard requirements must be flexible. A single standard applied to all circumstances may not function well or might impose unnecessary hardship (cost) on a developer as well as promote monotony. As expressed in the following diagram in § 18.06:3, differing buffer yard requirements are warranted depending upon the characteristics of the uses involved. It is a further intent of the following provisions to provide flexibility to the developer or property owner through the combination of four basic elements: distance, plant material type, plant material density and structural or land forms.
18.06:1. 
Location of buffer yards. Buffer yards shall be located on the side and rear lot lines of a parcel extending to the lot or parcel boundary line. Buffer yards shall not extend into or be located within any portion of an existing street right-of-way (front lot line, or side lot line on corner lots).
18.06:2. 
Determination of buffer yard requirements. To determine the type of buffer yard required between two adjacent parcels, the following procedure shall be followed:
(a) 
Identify the land use class of the proposed use by referring to § 18.05:1.
(b) 
Identify the land use class of each adjoining use by referring to § 18.05:1.
(c) 
Determine the buffer yard requirements for those side and rear lot lines or portion thereof, on the subject parcel, by referring to the table "Buffer yard requirements for adjacent land," in § 18.06:4. Existing plant material or fences may be counted as contributing to the total buffer yard requirement. The buffer yards specified are to be provided on each lot or parcel independent of adjoining uses or adjoining buffer yards.
(d) 
When a developed use is proposed adjacent to vacant land, the owners of the affected properties may submit a contractual agreement whereby the buffer yard for the developed use is reduced or waived, provided that the owner of said use agrees to develop at no greater intensity than the specified land use class, and if additional buffer is needed at a future point, it will be provided on the vacant land.
(e) 
Should a developed use increase in intensity from a given land use class to a higher one (e.g., Class III to Class IV), the Planning Commission shall, during the site plan review process determine if additional buffer yard is needed and, if so, to what extent and type.
(f) 
As indicated in sketches, an elevated buffer yard may be required by construction of a berm. The height, width and length of berm will be a determination of the Planning Commission on a site plan by site plan basis.
18.06:3. 
Plant materials.
(a) 
All plant materials required within the specified buffer yard shall be planted to completion within six months from date of approval of the site plan and shall thereafter be properly maintained.
040 Bufferyard Requirements.tif
(b) 
The following landscape/plant materials are suggested for inclusion in the required buffer yards:
Type
Minimum Allowable Size
Deciduous trees
Maple, Oak, Birch, Birch, Linden, Honeylocust, Ash, Ginkgo
Minimum eight feet in height or not less than 1 1/2 inches in caliper
Deciduous shrubs (shrublike trees)
Russian Olive, Dogwood, Redbud, Flowering Crab, Hawthorn, Magnolia, Fruit (Pear, Cherry, Plum, Peach)
Minimum six feet in height or not less than one inch in caliper
Deciduous shrubs
Honeysuckle, Lilac, Cotoneaster, Forsythia, Euonymous, Hydrangea, Privet, Sumac
Evergreen
Pine, Fir, Spruce, Hemlock, Juniper, Yew, Arbor-Vitae
Minimum four feet in height
18.06:4. 
Buffer yard requirements for adjacent land.
Land Use Class
Adjacent Existing Land Use Class
Adjacent Vacant Land Zoning Districts
I
II
III
IV
V
R
D
L
M/H
P
I
*
E
E
E
E
A
E
B
E
A
II
E
A
B
C
D
B
E
C
E
A
III
E
D
A
B
C
D
D
C
E
D
IV
E
D
C
A
B
E
A
D
A
E
V
E
D
C
B
A
E
A
E
A
E
Notes:
*
No buffer yard required.
18.06:5. 
Buffer yard type. Illustrations A through E in § 18.06:3 graphically indicate the specifications of each buffer yard. Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per 100 linear feet of buffer yard. The requirements of a buffer yard may be satisfied by any of the options indicated (see buffer yard diagrams A, B, C, D, and E). NOTE: Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per 100 linear feet of buffer yard. The requirements may be satisfied by any of the options indicated in § 18.06:3 (buffer yard types A — E).
Within this section are specified detailed regulations applicable to specific land uses. It is felt that standards, above and beyond those imposed by other sections of this ordinance, are necessary for certain uses.
18.07:1. 
Performance subdivision. A performance subdivision may contain one or more of the housing development types as specified in this subsection. All dwelling types shall be single-family or duplex residences, having approved public sanitary sewer and/or water unless waived by the Planning Commission and City Council. By complying with stipulated performance criteria, flexibility in design is encouraged, thereby promoting lower land development costs, increased open space within subdivisions and protection of certain natural features. However, where a conflict arises between the requirements of yard setbacks and maximum lot coverage, yard setback requirements shall prevail.
(a) 
Requirements for performance subdivisions include the following:
(1) 
Under the provisions of this section for a performance subdivision, for each square foot of land gained through the reduction of the lot size below the minimum requirements for the zoning district in which it is located, equal amounts of land shall be dedicated to the common use of lot owners of the subdivision in a manner approved by the Planning Commission. Such dedicated area shall be retained as undeveloped open space.
(2) 
Where land proposed for usage as a performance subdivision is immediately contiguous on one or more sides to an existing single-family detached subdivision of 15 acres or larger in size, the net density per acre of the performance subdivision shall not exceed the net density per acre of the contiguous existing subdivision. Contiguity shall mean having immediate contact along a property line. Properties separated by public road rights-of-way shall not be considered contiguous.
(b) 
In a performance subdivision, the following housing types shall be allowed:
(1) 
Single-family house. This dwelling type consists of a single-family residence located on a privately owned lot having yard area on all four sides of the house. The following table specifies the minimum standards for single-family housing within a performance subdivision in each zoning district where performance subdivisions are allowed:
Zoning Districts (Performance Subdivisions Only)*
R-1 District
R-2 District
R-3 District
Minimum lot area
14,700
13,300
8,000
Minimum lot width
100
100
80
Maximum lot coverage (%)
25
25
30
Minimum yards
Front
30
25
20
Side
15
10
10
Rear
20
15
15
Notes:
*
In the event of condominium development, acreage net densities shall be maintained in respective zoning districts, as inferred from this table.
(2) 
Lot line house. This dwelling type consists of a single-family residence located on an individual lot. The dwelling, however, may be situated on a side lot line provided that:
a. 
Exterior windows are prohibited for that portion of the structure that abuts the lot line;
b. 
A five-foot maintenance easement for painting, repair, etc., shall be provided for the property owner;
c. 
The minimum standards for the single-family house listed above shall apply except for one side yard; and
d. 
The opposite side yard shall be increased by the same number of feet that is reduced on the side yard in which the dwelling is located.
(3) 
Duplex.
a. 
This dwelling type consists of a semidetached single-family residence located on an individual lot. The dwelling may be attached to another single-family dwelling at a side lot line through the use of one or more of the following characteristics:
1. 
A common party wall through the garage portion of adjacent structures;
2. 
An architectural wall detail which does not form interior room space between any two units; and
3. 
A common party wall that meets all fire resistance and sound transmission requirements of the state construction code.
b. 
The duplex dwelling shall be typified insofar as possible by characteristics commonly associated with single-family dwellings in the City, including the expression of individuality of each dwelling unit, privacy, and a sense of spaciousness. In addition, the minimum site standards for the single-family house listed above shall apply.
18.07:2. 
Institutional (public or quasi-public) uses or structures. Inasmuch as the institutional uses (schools, churches, public buildings) permitted in residential districts may have an adverse effect on residential properties if not properly located and designed, the following performance standards must be met prior to development of such uses:
(a) 
Hazardous areas must be adequately fenced to avoid accidents; such areas include public utility substations.
(b) 
Any permitted institutional structure with the R-1, R-2 and R-3 Districts should be located at the edge of the district, preferably abutting a nonresidential district, or a public open space.
(c) 
All permitted institutional uses shall front on a major street (minor arterial or collector).
(d) 
Motor vehicle entrance and exit shall be made on a major street to avoid the impact of traffic generated by the institutional use upon the residential area.
(e) 
Site locations should be chosen which offer natural or man-made barriers that would lessen the effect of the intrusion of an institutional use into an established residential area.
(f) 
Institutional uses should not be located so as to cause costly public improvements.
(g) 
Institutional structures shall be located no closer than 50 feet to adjacent property lines.
(h) 
Institutional uses and structures shall meet the performance requirements in §§ 18.04, 18.05 and 18.06.
18.07:3. 
Two-family and multifamily dwellings. In addition to the site requirements for two-family or multifamily uses in the R-4 Multiple-Family Residential District, the following standards shall be met prior to development of such uses:
(a) 
No multiple-family building designed, erected or used for 10 or more families shall be located closer than 50 feet to any R-1 Rural Residential, R-2 Suburban Residential, or R-3 Community Residential Zone. Where Planning Commission studies indicate, adjoining property will eventually assume similar development as the property in question, the commission may waive the fifty-foot minimum.
(b) 
No single building or connected buildings may exceed 200 feet in any one dimension. All buildings shall be so arranged as to permit emergency vehicle access, by some practical means, to all sides.
(c) 
Grouped buildings shall be separated by a minimum distance of 25 feet.
(d) 
No entrance to a multiple-family structure shall be located closer than 30 feet to any street intersection, access road, driveway, or parking area.
18.07:4. 
Office, service or convenience commercial structures or uses. In addition to the site requirements and performance criteria (see §§ 18.04, 18.05 and 18.06) for office, service or convenience commercial uses in a specific zoning district, the following standards shall be met prior to development of such uses:
(a) 
Where one or more lot lines abut an existing single-family residential use, an elevational drawing of the proposed structure shall be submitted for Planning Commission review and approval. The Planning Commission may stipulate that such office or commercial structures be constructed with a residential facade and/or be of a residential scale (mass) and character.
18.07:5. 
Industrial uses. In addition to the site requirements and performance criteria (see §§ 18.04, 18.05 and 18.06) required for industrial (manufacturing, warehousing, etc.) uses in the I-1 District, the following standards of operation shall be met:
(a) 
Noise. The intensity level of sounds shall not exceed the following decibel levels when adjacent to the following types of uses:
In Decibels
Adjacent Use
Where Measured
55 db
Residential dwellings
Common lot line
65 db
Commercial
Common lot line
70 db
Industrial and other
Common lot line
(b) 
Vibration. All machinery shall be so mounted and operated as to prevent transmission of ground vibration exceeding a displacement of 0.003 of one inch, as measured at the property line.
(c) 
Odor/fumes. The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along lot lines when diluted in the ratio of one volume of odorous air to four or more volumes of clean air or as to produce a public nuisance or hazard beyond the lot lines of the property on which the odor emanates is prohibited.
(d) 
Gases. The escape of or emission of any gas from a building or appurtenance which is injurious or destructive or explosive shall be unlawful and may be summarily caused to be abated.
(e) 
Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure. There shall be no direct or sky-reflected glare exceeding 1.5 footcandles measured at the property line of the lot occupied by the use generating the glare. This regulation shall not apply to lights used at the entrances or exits of service drives leading to a parking lot.
(f) 
Light. Exterior lighting shall be so installed that the surface of the source of light shall be so arranged as far as practical to reflect light away from any residential use.
(g) 
Electromagnetic radiation. Applicable rules and regulations of the Federal Communication Commission in regard to propagation of electromagnetic radiation are hereby made a part of this ordinance.
(h) 
Smoke. It shall be unlawful to discharge into the atmosphere from any single source of emission whatsoever any air contaminator for a period or periods aggregating more than four minutes in any one half-hour which is:
(1) 
As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart. The Ringelmann Chart, as published by the United States Bureau of Mines, which is hereby made a part of this ordinance, shall be the standard. However, Umbrascope readings of smoke densities may be used when correlated with the Ringelmann Chart. A Ringelmann Chart shall be on file in the office of the Zoning Administrator.
(2) 
Of such opacity as to obscure an observer's view to a degree equal to or greater than the smoke described in Subsection (h)(1) above, except when the emission consists only of water vapor.
(i) 
Drifted and blown materials. The drifting or airborne transmission to areas beyond the lot line of dust, particles, or debris from any open stockpile shall be unlawful and may be summarily caused to be abated.
(j) 
Radioactive materials. Radioactive materials shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, as amended from time to time.
(k) 
Liquid or solid waste.
(1) 
No industrial operations shall directly discharge industrial waste of any kind into any existing reservoir, pond or lake. The discharge of untreated industrial waste into a stream is prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the county health department and Michigan Department of Environmental Quality. Effluent from a treatment plant shall at all times comply with the following standards:
a. 
Maximum five-day biochemical oxygen demand (BOD) based on the maximum biochemical oxygen demand: 15%.
b. 
Maximum quantity of effluent: 10% of minimum daily stream flow which prevails 90% of the time.
c. 
Maximum five-day biochemical oxygen demand after dilution (BOD of effluent multiplied by quantity of effluent divided by quantity of stream flow): four parts per million.
d. 
Maximum total solids: 5,000 parts per million.
e. 
Maximum phenol: five parts per billion.
(2) 
No effluent shall contain any other acids, oils, dust, toxic metals, corrosives or other toxic substance in solution or suspension which would create odors, or discolor, poison or otherwise pollute the stream in any way.
(l) 
Fire and explosion hazards. All activities shall be carried on only in the buildings classified as fireproof by the state construction code, and the operation shall be carried on in such a manner and with such precaution against fire and explosion hazards as to produce no explosion hazards, as determined by the Michigan Department of Labor and Economic Growth, to a use on an adjacent property. All raw materials, fuels and finished products shall be stored within an entirely enclosed building. Flammable liquids other than fuels used for heating shall be stored in an entirely enclosed building, which shall be used for no other purposes, or in underground tanks, provided:
(1) 
The storage building is not closer than 100 feet to any building occupied by one or more person.
(2) 
The storage of more than 250 gallons of flammable liquid in said storage building is prohibited. Every factory or manufacturing building or other buildings permitted only in the industrial area shall be equipped with automatic sprinklers or other automatic fire extinguishers approved by the Building Inspector and the chief of the fire department as being sufficient in view of the nature and extent of the fire risks.