ARTICLE XIII
M-1, LIGHT INDUSTRIAL DISTRICT
SECTION 13.1. STATEMENT OF PURPOSE.
In the M-1 District, the intent is to permit certain industries consistent with the rural and agricultural character of the Township located in planned areas of the Township. So that such uses may be integrated with nearby residential and agricultural land 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.
SECTION 13.2. PRINCIPAL PERMITTED USES.
Any of the following uses when the 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, and final product storage of processing shall be a minimum of one hundred (100) feet from any residential property line and be totally obscured by a six (6) foot obscuring fence or masonry wall on those sides abutting any residential district.
A. 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; petroleum bulk stations and terminals; tobacco and tobacco products; paper and paper products; furniture and home furnishings, and any commodity the manufacture of which is permitted in this District; truck terminals.
B. Industrial Establishments:
1. The assembly, fabrication, manufacture, packaging or treatment of such products as food products (excluding butchering and animal slaughtering), candy, drugs, cosmetics and toiletries, musical instruments, optical goods, toys, novelties, electrical instruments and appliances; radio and phonographs; pottery and figurines or other ceramic products using only previously pulverized clay.
2. 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 semi-precious metals or stones, sheet metal (excluding large stampings such as automobile fenders or bodies), shell, textiles, wax, wire, wood (excluding saw and planing mills) and yarns.
3. 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.
4. Laboratories - research or testing.
C. Public Utility Uses. Electric transformer station and substation; electric transmission towers; municipal buildings and uses; gas regulator and municipal utility pumping stations.
D. Accessory buildings and uses customarily incidental to the above Principal Permitted Uses.
E. Off-street parking in accordance with Article VI.
SECTION 13.3. PERMITTED USES AFTER SPECIAL APPROVAL.
The following uses may be permitted subject to the conditions hereinafter imposed and subject further to the review of the Zoning Board and approval of the Township Board.
A. The following retail and service establishments, provided that such establishments are clearly ancillary to the permitted industrial uses and are in keeping with the intent of this District:
1. Eating and drinking establishments when food or beverage is consumed within a completely enclosed building. Establishments with a character or drive-in or open front store are prohibited.
2. Truck tractor and trailer sales, rental and repair.
3. Automobile service stations in accordance with Section 4.18 .
B. Dog Kennels subject to the following:
1. All kennels shall be located on a lot large enough so that no pens, cages, runs or other kennel structures are closer than two hundred (200) feet from any property line.
2. Dogs shall be kept within an enclosed building during the normal sleeping hours of ten p.m. and seven a.m. Such enclosed building shall be constructed with sound-deadening walls and ceiling.
3. During the hours of seven a.m. until ten p.m., dogs shall be permitted in covered outdoor runs or pens. Dogs shall be kept confined and not allowed to run at large on the property, except as part of supervised field training.
4. All outdoor animal areas shall be screened from view from off-site with a sound-deadening masonry wall, six (6) feet in height.
5. The level of noise emitted from the property shall not exceed the levels identified in Section 13.4.
6. Kennel facilities shall be established and maintained in accordance with all applicable County and township sanitation regulations. Kennels shall be constructed with a drained concrete and approved septic system, or other provision for the safe, sanitary collection and disposal of wastes.
7. The Township Board may specifically limit the number of adult dogs housed in a kennel. Any expansion in the adult dog population of twenty-five percent (25%) of more shall require special approval of the Zoning Board.
C. Natural gas and oil processing plants.
The following regulations shall apply to oil and gas processing or sweetening plants:
1. Setbacks
a. Oil and gas processing plants shall be located a minimum of 1,300 feet from any existing residential, commercial, or industrial establishments, wetlands, or surface water.
b. Oil and gas processing plants shall be located a minimum of 2,640 feet from population concentrations, such as subdivisions, apartment buildings, residential developments, or mobile home parks, and from uses whose occupants would be difficult to evacuate, such as hospitals or nursing homes.
2. Density
Such facilities shall be designed and located to service all oil and gas wells that are expected to need such service within a two (2) mile radius.
3. Screening
Oil and gas processing facilities shall be screened in accordance with Section 4.32.
4. Air Pollution Control
Emissions from the plant shall meet or exceed all applicable state and federal pollution standards. Monitors/sensors shall be installed in at least four locations along the perimeter of the site. In addition, monitors shall be installed in all process buildings. These monitors shall be set to alarm and automatically cause the plant to be shut down upon detection of excessive concentrations of hydrogen sulfide, sulfur dioxide, methane, or other gases. The plant operator shall provide the Township with the instrument shut down set points, which shall be subject to review and approval. All monitors shall be maintained in proper working order at all times.
5. Fire Detection
The fire detection and suppression system shall be constructed and maintained in accordance with state and local fire and building codes, and as approved by the Fire Chief. Fire eyes shall be installed in storage tank areas and in process buildings.
6. Noise
Oil and gas processing plants shall comply with the noise standards set forth in Section 13.4.
7. Automatic Alarm System
In the event that instruments, sensors, or monitors detect a malfunction of the system, including but not limited to the detection of gas leaks, odors, fire, flare failure, or improper operation of the processing equipment, an alarm system shall be set to automatically operate.
The alarm system shall be operated through a bonded alarm company approved by the Township. The alarm company shall be instructed to contact the Township Fire Department dispatcher and plant operating personnel.
8. Site Security
The following security measures shall be maintained on the site:
a. Fencing
The site shall be fully enclosed with a six foot high chain link fence with three strands of barbed wire along the top of the fence.
b. Locking of the Facility
All building doors and fence gates shall be kept closed and locked, except when personnel are at the site during the daytime hours.
c. Signs
"Poisonous Gas" or other appropriate warning signs shall be placed at fifty (50) foot intervals along the fence surrounding the facility. The warning signs shall have a reflective surface.
d. Lighting
The site shall be adequately lighted.
e. Telephone Monitoring System
In the event of a break-in or other lapse of security, the bonded alarm system shall automatically be put into operation, and operating personnel and local law enforcement officials shall be notified.
9. Preventative Maintenance
The facility shall be maintained in proper operating condition at all times. Manufacturer's recommendations concerning periodic maintenance shall be adhered to.
10. Site Closure
In the event that operation of the facility is terminated for a period exceeding six (6) months, all equipment and surface piping shall be removed and foundations shall be destroyed to a depth of 36 inches below grade. The entire site shall be evenly graded and re-seeded.
11. Other Approvals
The applicant shall submit proof of permits and approvals from all state or county agencies having jurisdiction, including but not limited to: the Michigan Department of Natural Resources (MDNR) Waste Management Division, Michigan Pollution Control Commission, Ingham County Health Department, Ingham County Road Commission, Ingham County Drain Commission, MDNR Environmental Response Division, and Michigan Department of State Police Fire Marshall Division.
12. Performance Guarantee
Prior to issuance of a building permit, the Township may require submission of a performance guarantee.
D. Agriculture product warehousing, processing and related wholesaling and retailing, provided that the use is located on a state highway or other arterial road, and provided further, that no main or accessory building is located within two hundred (200) feet of any residential property line.
E. Mining, excavating or other removal of sand, earth, minerals, or other material naturally found in the earth. Subject to the provisions of Section 4.22.
SECTION 13.4. INDUSTRIAL PERFORMANCE STANDARDS.
Any use established in the Township shall not be permitted to carry on any activity, operation, use of land, building or equipment that produces irritants to the sensory perceptions greater than the measures herein established which are hereby determined to be the maximum permissible hard to humans or human activity.
A. Noise. No operation or activity shall be carried out in the M-1 District which causes or creates measurable noise levels exceeding the maximum sound intensity levels prescribed below, as measured on or beyond the boundary lines of said District.
A sound level meter and an octave band analyzer shall be used to measure the intensity and frequency of the sound or noise levels encountered. Sounds of very short duration, which cannot be measured accurately with the sound level meter, shall be measured by an impact noise and analyzer; and the measurements so obtained may be permitted to exceed the maximum levels provided in Table 13A by no more than five (5) decibels. For purposes of this Ordinance, impact noises shall be considered to be those noises whose peak values are more than seven (7) decibels higher than the values indicated on the sound level meter.
Where street traffic noises directly adjacent to the property line exceed these maximum permitted levels, the intensity levels permitted may then exceed those levels specified in the table but may not exceed the level of the subject adjacent street traffic noises.
In addition, sounds of an intermittent nature, or characterized by high frequencies, which the Building Inspector deems to be objectionable in adjacent districts, shall be controlled so as not to generate a nuisance in adjacent districts, even if the decibel measurement does not exceed that specified in the table.
TABLE 13A
MAXIMUM PERMITTED SOUND INTENSITY LEVELS IN DECIBELS
(Post-1960 Preferred Frequencies)
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Cycle Frequency
(Cycles Per Second) M-1
31.5 72
63.0 68
125.0 62
250.0 57
500.0 50
1,000.0 46
2,000.0 39
4,000.0 32
8,000.0 28
B. Smoke, Dust, Dirt and Fly Ash. The emission of smoke, dust, dirt and fly ash shall in no manner be unclean, destructive, unhealthful, hazardous or deleterious to the general welfare. Such emission shall be in strict conformance with all applicable State and County health laws as pertaining to air pollution and smoke abatement.
A person shall not discharge into the atmosphere, from any single source of emission, any smoke of a density equal to, or greater than that density described as No.2, on the Ringelmann Chart as published by the United States Bureau of Mines; provided that the following exceptions to the provisions of this rule shall be permitted:
1. Smoke the shade or appearance of which is equal to but not darker than No.2 on the Ringelmann Chart for a period or periods aggregating four (4) minutes in any thirty (30) minutes.
2. Smoke the shade or appearance on which is equal to, but not darker than No. 3 on the Ringelmann Chart for a period or periods aggregating three (3) minutes in any fifteen (15) minutes when building a new fire or when breakdown of equipment occurs such as to make it evident that the emission was not reasonably preventable.
C. Glare and Heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such a manner as to be completely imperceptible from any point beyond the lot lines of the lot upon which the source of glare or heat is located.
D. 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 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.
E. 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 13B and 13C as measured at the property line. These vibrations shall be measured with a seismograph or accelerometer; preferable the former.
For purposes of the Ordinance, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than sixty (60) per minute. Discrete impulses which do not exceed sixty (60) per minute shall be considered impact vibrations.
TABLE 13B
MAXIMUM PERMITTED STEADY STATE VIBRATION IN INCHES
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Cycle Frequency
(Cycles Per Second) Permitted Vibration
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 13C
MAXIMUM PERMITTED IMPACT VIBRATION IN INCHES
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Cycle Frequency
(Cycles Per Second) Permitted Vibration
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
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 areas adjacent to an M-1 District, shall be reduced to one-half (1/2) the indicated permissible values.
F. Fire and Safety Hazards. The storage and handling of flammable liquids, liquefied petroleum gases, and explosives shall comply with all State rules and regulations, and regulations as established by the Fire Prevention Act, Act 207, P.A. of 1941, as amended. Further, all storage tanks for flammable liquid materials above ground shall be located at least one hundred fifty (150) feet from all property lines, and shall be completely surrounded by earth embankments, dikes or other types of retaining walls which will contain the total capacity of all tanks so enclosed.
Bulk storage tanks of flammable liquids below ground shall be located not closer to the property line than the greater depth to the bottom of the buried tank.
G. Gases. The escape of or erosion of any gas which is injurious or destructive or explosive shall be unlawful and may be summarily caused to be abated. Sulphur dioxide gas, as measured at the property line at ground elevation, shall not exceed an average of 0.3 p.p.m., hydrogen sulfide likewise shall not exceed one (1) p.p.m., fluorine shall not exceed 0.1.p.p.m., nitrous fumes shall not exceed five (5) p.p.m., and carbon monoxide shall not exceed fifteen (15) p.p.m.; all as measured as the average intensity during any twenty-four (24) hours sampling period.
H. 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.
I. Drifting and Airborne Matter, General. The drifting or airborne 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.
SECTION 13.5. COMPLIANCE WITH COUNTY AND STATE REGULATIONS.
Any use permitted in the M-1 District must also comply with all applicable County and State health and pollution laws and regulations.
SECTION 13.6. SITE PLAN REVIEW.
For all uses permitted in an M-1 District, a site plan shall be submitted to the Zoning Board, and no building permit shall be issued until after the Zoning Board has reviewed and approved the site plan in accordance with Section 4.38.
SECTION 13.7. AREA, HEIGHT, BULK, AND PLACEMENT REQUIREMENTS.
Area, Height, Bulk, and Placement Requirements unless otherwise specified are as provided in Article VIII, "Schedule of Regulations".