§ 17.02. Industrial standards.

All uses not herein expressly prohibited shall comply with the following table of standards.

	M-1	M-2	M-3	M-4
(a) Front Yards	8 ft.	25 ft.	150 ft.	200 ft.
	1. All building lines and front yards shall be established no closer to the street than the future street line as established by the Master Thoroughfare Plan of the City of Warren.
	2. In an M-2 zone where a front yard has been established by the majority of the existing buildings in a block, all buildings hereinafter erected or altered shall conform to the building line thus established, provided no building in an M-2 zone shall be required to set back further than 50 feet. Provided, further, however, notwithstanding any provisions to the contrary, in M-2 zones, yards fronting on a major thoroughfare as defined by the Master Thoroughfare Plan for the City of Warren or front yards facing a residential district shall be fifty (50) feet.
	3. In M-3 and M-4 zones, front yards may be utilized for parking or vehicles provided that the front fifty (50) feet of a lot or tract in an M-3 district and the front seventy-five (75) feet of a lot or tract in an M-4 district shall be landscaped and the balance shall be depressed at least two (2) feet so as to have all parked vehicles therein, completely out of sight or view of the roadway.
(b) Side Yards, and rear yards.	None Twenty-five (25) foot side yard on a side street where rear yard abuts side yard of a lot containing a residence or in a residential district.	20′ each	60′ each	100′ each
(c) Greenbelt	None, except when a side or rear yard abuts a zoning district other than industrial then eight (8) feet wide as per Section 2.26.	Along all zoning district boundary lines which border on a more restrictive zoning district. Along all street property lines but may be omitted along the front yard when the front yard is landscaped.
		8′ wide as per [Section 2.26]	20′ wide as per Section 2.26	20′ wide as per Section 2.26
(d) Height of buildings See Article XIX for Height Exceptions	2 stories 30 feet	2 stories 30 feet	2 stories 40 feet	2 stories 40 feet
			(See Height Exceptions)
(e) Dwelling	No	No	No	No
(f) Commercial Business	Yes	Yes	No	No
	Commercial Business as regulated in this Ordinance		(Except body and fender shops, outdoor theaters, antenna towers and those uses incidental to the principal uses thereof)
(g) Automatic Screw Machines	Yes	Yes	Yes	Yes
	When operated with noise silencers or by other sound absorbing devices and when located not less than 200 feet from any zoned residential district.
(h) Stamping machines, punch presses, press breaks and hydraulic presses used only for tryout purposes.	All machines shall be placed on shock absorbing mountings and on a suitable reinforced concrete footing. No machine shall be loaded beyond the capacity as prescribed by the manufacturer.
	Up to 10 tons for 18 gauge metal or less in thickness when located 200 ft. from any zoned residential district.	Up to 50 ton when 250 ft. from residential district. Up to 100 ton when 300 ft. from residential district. Up to 150 ton when 500 ft. from residential district.
(i) Hot forgings steam or board hammers	No	No	Yes	Yes
			When located 1,000 ft. from any zoned residential district and when operations are located within a masonry building, on a suitable reinforced concrete mat mounted on shock absorbers that reduce vibration to a reasonable minimum.
(j) Noise decibels as measured at the street or property line which- ever causes the largest reading.	75	80	85	90
	All mechanical noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness. Noise may equal but shall not exceed average street traffic noise during such periods that traffic noise exceed above decibel readings.
(k) Smoke, as measured by the Ringlemann Chart	No 2	No. 2	No. 2	No. 2
	For periods aggregating four (4) minutes in any thirty (30) minutes.
		No. 3	No. 3	No. 3
	For periods aggregating three (3) minutes in any fifteen (15) minutes when starting a new fire.
(l) Smoke, dust, dirt, and fly ash	Shall not exceed 0.3 grains per cubic foot of flue gas at stack temperature of 500 degrees Fahrenheit and not to exceed fifty (50) percent excess air and shall in no manner be unclean, destructive, unhealthful, hazardous nor shall visibility be impaired by the emission of a haze which unduly impedes vision without apparent opaqueness equivalent to No. 1 of the Ringlemann Chart.
(m) Odors	The emission of obnoxious odors of any kind shall not be permitted which are contrary to the public health, safety and general welfare.
(n) Gases	No gas shall be emitted which is deleterious to the public health, safety or general welfare.
(o) Glare and heat	Glare and heat from arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the outside of the property.
(p) Fire and safety hazards (the storage and handling of flammable liquids, liquefied petroleum gases and explosives shall comply with State rules and regulations as established by Public Act No. 207, P.A. 1941 [MCL 29.1 et seq.], as amended, and in addition the following regulations shall apply): Bulk storage of flammable liquids, liquid petroleum gases and explosives allowed above ground if conditions meet those established by Chapter 13 of the Warren Codified Ordinances - Fire Prevention and Protection and Michigan flammable Liquids Regulations as amended.	No	No	Yes	Yes
			All tanks shall be located not less than one hundred fifty (150) feet from property lines.
Bulk storage of flammable below ground	Yes	Yes	Yes	Yes
	All tanks shall be located not closer to the property line than the greatest depth to the bottom of the buried tank.
Rags, waste, similar materials	No	No	Yes	Yes
			The storage of rags, wastes, paper or similar materials shall be in an enclosed masonry building of four (4) hour construction, no part of which may be located closer than one hundred fifty (150) feet from any property line.
(q) Sewage Waste	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 temporary variation of [sic].
	3. Wastes shall contain no Cyanides and no Halogens and shall not contain more than 10 ppm of the following gases: Hydrogen Sulphide, Sulphur Dioxide and Nitrous Oxide.
	4. Wastes shall not contain any insoluble substances in excess of 10,000 ppm or exceed a daily average of 500 ppm or fail to pass a No. 8 Standard Sieve, or, have any dimensions greater than ½ 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 oily substance in excess of 50 ppm or exceed a daily average of 25 ppm.
(r) Number of Production work hours including Sunday and holidays.	From 6:00 a.m. to 11:00 p.m. if nearest residence is two hundred (200) feet or more from industrial plant.	24 hrs.	24 hrs.	24 hrs.
	7:00 a.m. to 7:00 p.m. if nearest residence is less than two hundred (200) feet from industrial plant.
(s) Open storage other than junk	Yes	Yes	Yes	Yes
		All open storage shall be located in a designated area approved by the Planning Commission as a part of site plan approval. The area shall be enclosed on three (3) sides by chain link fencing with metal/plastic slats used for screening as deemed necessary by the Planning Commission. In M-3 and M-4 zones the Planning Commission shall determine whether screening of the outside storage is necessary based on the relationship of the storage to properties zoned residential as identified in Section 3.01(1—7) of the Zoning Ordinance.
		The designated area shall always be hardsurfaced and screened from the public street and any residentially zoned areas. The designated areas shall not be located in any area required for parking space and is necessary to meet the minimum requirements of Section 4.32 of this ordinance. Further, the designated area may not exceed fifty (50) percent of the gross floor area of the primary structure on the site except in M-3 and M-4 zones where the amount of outside storage area is not limited based on the size of the primary structure. In M-1 and M-2 zones the designated area shall not be located any closer than seventy-five (75) feet to the front property line unless the size of the lot is less than one hundred fifty (150) feet in depth in which case the Planning Commission may allow the designated area to be located no closer than twenty-five (25) feet from the front property line. In M-3 and M-4 zones outside storage may not be closer than one hundred fifty (150) feet from any street right-of-way line.
		Lumber, including wood pallets or other combustible material, shall not be stored less than twenty (20) feet from any interior lot line. An open driveway shall be provided that has a graded roadway, is hardsurfaced and maintained from the street to the storage area in order to permit clear access for fire trucks at any time to the open storage areas.
(t) Open storage for junk, auto wrecking yards and other waste products.	No	No	No	Yes
			When enclosed within a tight unpierced fence not less than six (6) feet in height, when not less than one hundred fifty (150) feet from any street or right-of-way line, when not less than twenty (20) feet from any interior lot line, when surrounded with a greenbelt planting strip not less than twenty (20) feet in width and not less than eight (8) feet in height to completely screen yard from outside view, and when complying with Section 4.13.
(u) Loading space as required in Section 4.31.	Yes	Yes	Yes	Yes
(v) Off-street parking for any permitted use as required and regulated by Section 4.32.	Yes	Yes	Yes	Yes
	Such parking area shall be paved within a period of two (2) years from date of issuance of a Certificate of Occupancy for the principal building for which said permit was issued.
(w) Source of Power	Power for any manufacturing or heating process or activity shall be derived only from electrical energy, smokeless fuels, such as gas or oil, smokeless solid fuels containing less than twenty (20) percent of volatile content on a dry basis, and bituminous coal fired by mechanical equipment.
(x) Vibration	No operation shall cause a ground displacement exceeding .003 of one (1) inch as measured at the boundary line property.
(y) Radioactive Materials	Radioactive materials shall not be emitted to exceed quantities established by the U.S. Bureau of Standards.
(z) Sexually oriented businesses	Sexually oriented businesses, as defined in and regulated by Chapter 6 of the Warren Code of Ordinances, are allowed in all Industrial Districts. Sexually oriented businesses may use any industrial lot, without regard to the lot area and lot width provisions in Section 17.04. Within 45 days of receiving an application to split a lot, subdivide a parcel, or combine lots or parcels, in order to facilitate the siting of a sexually oriented business, the Planning Director shall grant the application, provided that the application:(1) Is accompanied by the required application fee; and(2) Contains maps of the proposed resulting parcel(s) showing that the proposed location of the sexually oriented business satisfies the location criteria of Section 14.01(s)(3).
(aa) Medical Marihuana facility as defined by Section 2.93 of this Zoning Ordinance	Yes	Yes	Yes	No
	A medical marihuana facility is exclusively permitted in M-1, M-2 and M-3 zones, if the facility, the owner, and any occupants meet all of the following requirements:
	1. Compliance with all applicable laws, including but not limited to:
	(a) The requirements stated in Section 4 of the Michigan Medical Marihuana Act, MCL 333.26421, et seq., as amended, including the requirement that the marihuana be contained in an enclosed, locked facility or other closed area equipped with locks or other security devices that permit access only by the registered primary caregiver or his or her qualifying patient, and such facility must be separately used and maintained by each occupying caregiver or patient; and
	(b) All local ordinances and regulations, including the Fire Protection Code and Article VI of Chapter 22 of the Code of Ordinances.
	2. With the exception of growing marihuana plants outdoors as permitted by MCL 333.26423(d), all activity related to the marihuana is conducted inside the facility.
	3. No open storage is permitted on the property.
	4. The facility is registered with the division of building inspection, and as part of its certificate of compliance, is inspected by zoning, electrical, building, mechanical, and plumbing inspectors, and the fire and police departments for compliance with applicable laws, local ordinances and codes, including this ordinance. The facility must pass annual safety inspections for compliance with the requirements of this ordinance.
	5. The facility maintains:
	(a) Copies of a MDCH issued registry identification card for:
	(i) Each registered primary caregiver or registered qualifying patient storing, growing, transferring, cultivating, or processing marihuana at the facility; and
	(ii) Each registered qualifying patient legally registered to a registered primary caregiver who is storing, cultivating, growing, processing, or transferring marihuana at the facility.
	(b) A daily log of the amount and location of the marihuana on the premises for each registered primary caregiver and each patient;
	(c) A daily log of all transfers; and
	(d) Any other written records necessary to show compliance with applicable state and local laws.
	6. The facility possesses and regularly uses an effective filtration system which:
	(a) Effectively contains the odors associated with storing, transferring, cultivating, growth, or processing marihuana, within the facility; and
	(b) Is approved by the building division.
	7. No one processes or transfers marihuana on the property between the hours of 11:00 p.m. and 8:00 a.m.
	8. The facility is not occupied or used by more than a combination of seven (7) registered primary caregivers or qualifying patients for the growth, cultivation, processing or manufacturing of medical marihuana, and no more than twelve thousand (12,000) square feet of the facility shall be occupied by the total combined aggregate of such caregivers and patients.
	9. No one under the age of eighteen (18) is permitted on the premises, except for persons under the age of eighteen (18) who are registered qualifying patients and are accompanied by a parent or legal guardian.
	10. The facility is not located in the Downtown District, "DDA District" as described in the Code of Ordinances Chapter 2.5, Section 2-112, or the Van Dyke TIFA Authority District as described in Exhibit A of the Resolution Establishing Tax Increment Finance Authority adopted September 23, 1986.
	11. The facility is located at least five hundred (500) feet from the nearest lot line of any of the following:
	(a) Residential zoning districts, R-1-A, R-1-B, R-1-C, R-2, R-3, R-3-A, R-4, R-5 and any mixed residential zones including but not limited to a Planned Unit Development and the Downtown Center.
	(b) School;
	(c) Child care center or day care center;
	(d) Recreational facility;
	(e) Public library;
	(f) Public park.
	12. Measurement: For purposes of subsection (11), measurements shall be made in accordance with the standard method set forth in section 4.43 of the zoning ordinance.
	13. The medical marihuana uses permitted on the property are the growth, storage, cultivation, processing, or transfer of medical marihuana in accordance with this ordinance. No other sales, service, commodities, uses, or products relating to medical marihuana are permitted on the premises. The facility may not be used as a medical marihuana dispensary.
	14. The owner of the facility must have:
	(a) A license under Chapter 18 of the Code of Ordinances; and
	(b) Certificate of compliance.
	15. Each owner-occupant, or tenant in the facility must have all of the following:
	(a) A valid State of Michigan registry caregiver identification card or a State of Michigan registry patient identification card authorizing the patient to grow marihuana plants;
	(b) A license under Chapter 18 of the Code of Ordinances; and
	(c) A Certificate of compliance.
	16. In addition to the requirements of Chapter 18, Certificate of Compliance application must include:   A waste disposal plan detailing plans for chemical disposal and plant waste and water disposal, subject to review and approval by the city engineer, and in compliance with regulations of the MDEQ and codes and ordinances of the City of Warren including codes and ordinances pertaining to the discharge of water and by-products into the city sewer system;
	17. A floor plan identifying the number of plants, chemical storage space, and other relevant aspects of the layout, subject to review and approval by the building inspection division. To the extent permitted by law, floor plans will be kept confidential;
	18. A heating system that is approved by the building division.
	19. The area where a registered primary caregiver stores, cultivates, processes, or transfers marihuana is not used by any other registered primary caregivers for any purpose.
	20. There is no storage of toxic, flammable, or hazardous materials on the premises.
	21. There is no discharge of toxic, flammable, or hazardous materials into city sewer system.
	22. No one uses or consumes marihuana on the property.
	23. The marihuana is not visible to the public, and the plant materials are disposed of in secured areas and containers not accessible by the public.
	24. The owner of the property must conspicuously post all required valid city-issued licenses, and any State of Michigan permit or certification inside the premises.
	25. Any violation of these provisions will result in revocation of the license and other legal remedies and penalties.
	26. If the growth, cultivation, or processing of marihuana leads to an event causing damage or injury to property or persons, including but not limited to an explosion, fire, or release of harmful substances, or violation of a state or local law, code or regulation, the owner and tenants are each responsible for reimbursing any costs associated with the emergency response, property repair, remediation and medical expenses caused by the event, and/ or prosecution.

 

(Ord. No. 30-156, § 1, 12-22-64; Ord. No. 30-457, § 1, 2-12-74; Ord. No. 30-556, § 1, 3-28-78; Ord. No. 30-835, § 8, 2-22-84; Ord. No. 30-881, § 4, 10-28-97; Ord. No. 30-1002, § 4, 10-22-13; Ord. No. 30-1004, § 1, 6-11-14; Ord. No. 30-1020, § 5, 4-12-16; Ord. No. 30-1023, § 1, 9-13-16)