ARTICLE X

ARTICLE X. IN INDUSTRIAL DISTRICT

SECTION 1000. STATEMENT OF PURPOSE

This district classification is designed so as to accommodate wholesale activities, warehouses, and manufacturing, assembling, fabricating, processing, and compounding activities.

SECTION 1001. USES PERMITTED BY RIGHT

The following structures and/or uses shall be permitted by right:

1. Any use charged with the principal function of basic research, design and pilot or experimental product development when conducted within a completely enclosed building.

2. Any of the following uses when the manufacturing, compounding, or processing is conducted wholly within a completely enclosed building:

a. Warehousing and wholesale establishment, storage or trucking facility.

b. Manufacturing, compounding, processing, packaging, or treatment of such products as, but not limited to: bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, and hardware; and cutlery, tool, die, gauge and machine shops.

c. Manufacturing, compounding, assembling, or treatment of articles or merchandise from previously prepared materials like bone, canvas, cellophane, cloth, cork, elastomers, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, rubber, precious or semiprecious metals or stones, sheet metal, shell, textiles, tobacco, wax, wire, wood, or yarns.

d. Manufacturing of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

e. Manufacturing of musical instruments, toys, novelties, or metal or rubber stamps, or other small molded rubber products.

f. Manufacturing or assembling electrical appliances, electronic instruments and devices, radios or phonographs.

g. Laboratories - experimental, film, or testing.

h. Manufacturing or repairing of electric or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves or the like.

i. Central dry cleaning plant or laundry; provided that such plant shall not deal directly with the consumer at retail.

3. Storage facility for building materials, sand, gravel, stone, lumber, or storage or contractor's equipment and supplies; provided such is enclosed within a building or within an obscuring wall or fence.

4. Trade or Industrial school.

5. Machinery or equipment sales or storage.

6. Lumber or planing mill when completely enclosed.

7. Metal plating, buffing or polishing.

8. Motor freight warehouse.

9. Gasoline or petroleum storage. (All storage of flammable liquids shall comply to the Michigan Flammable Liquids Regulations, as emended, as promulgated and adopted by the Michigan State Police Fire Marshal Division. All dikes that are required shall be made of a material designed to be bquid tight and must be approved by the City Planning and Zoning Commission.) All existing facilities must comply with this section within five (5) years from the date of passage of this Ordinance.

10. Wireless Communications facilities and services subject to the provisions of Section 1218.

SECTION 1002. USES PERMITTED BY SPECIAL APPROVAL

The following structures and/or uses shall be permitted, but only by special approval granted by the Planning Commission:

1. Ready-mix concrete or asphalt plant.

2. Coal, coke, or fuel yard.

3. Grain or seed elevator or sales; cold storage for cooperative or wholesale agricultural products; or similar enterprise which is directly related to agriculture.

4. Heating or electrical power generating plant.

5. Slaughter house.

6. Any of the following uses; provided that they are located not less than one thousand (1,000) feet distant from any residential lot and not less than five hundred (500) feet distant from any other lot:

a. Blast furnace, steel furnace, blooming or folling mill.

b. Manufacture of corrosive acid or alkali, cement, lime, gypsum or plaster of Paris.

c. Production or refining of petroleum or other inflammable liquids.

d. Smelting of copper, iron, or zinc ore.

7. Storage, manufacture, processing or utilization of materials or products which decompose, by detonation or otherwise, on the premises.

8. Radio or television towers or public utility microwaves and their attendant facilities; provided said use shall be located centrally on a lot of not less than one and one-half (1-1/2) times the height of the tower measured from the base of said tower to all points on each property line.

9. Mining operations and incidental mineral processing, subject to the following:

a. No excavation shall be permitted closer than one hundred fifty (150) feet from an interior lot line except where lateral support approved by the Planning Commission is provided in which event excavation shall be permitted no closer than fifty (50) feet from an interior lot line.

b. No excavation shall be permitted closer than one hundred fifty (150) feet from a right-of-way.

c. No excavation shall be permitted closer than one hundred (100) feet from the banks of a stream or waterway.

d. No permanent processing plant, digging or excavating apparatus, stock piling, or loading of materials shall be permitted closer than two hundred fifty (250) feet from an interior lot line or right-of-way.

e. Sight barriers and such noise and air pollution abatement measures as deemed necessary by the Planning Commission shall be provided.

f. Operation of the use shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m. and never on Sunday.

g. All pits and excavations shall be fenced and posted with signs so as to prevent injury to children.

h. Reclamation and rehabilitation of mineral areas shal1 be commenced immediately upon termination of mining or excavation of one (1) acre or more and shall be completed within one (1) year thereafter.

i. Prior to the issuance of any use permit for this purpose, the Planning Commission shall require the following:

(1) A site plan which shall include a time table of the planned mining, excavation, reclamation, and rehabilitation of the area together with a report from a qualified soil scientist, soil engineer, or geologist indicating the effect the project will have on the water shed.

(2) A performance bond to insure the proper reclamation and rehabilitation of the area in an amount to be set by the Planning Commission for each acre proposed to be mined or excavated in the following twelve (12) months and previously mined and not reclaimed and rehabilitated. The bond shall be reviewed by the Planning Commission annually and adjusted, but shall never be for an amount less than three thousand ($3,000.00) dollars. The bond shall be filed with the City Clerk.

(3) A certificate of insurance which shal1 be filed annually with the City Clerk and which shows that the operator is carrying personal injury and property damage insurance in an amount not less than one hundred thousand ($100,000.00) dollars for each person injured or property damaged and three hundred thousand ($300,000.00) dollars for injury or damage to more than one person or person's property arising out of one occurrence.

j. Any use permit issued for this purpose shall be valid for one (1) year and shall be automatically renewed annually unless revoked. The Zoning Inspector shall monitor the use of the premises and compliance with these provisions. A violation which continues for thirty (30) days after the Zoning Inspector has given personal or first class mail notice to the operator shall cause the permit to be automatically revoked and void.

10. Accessory building or use.

11. Any structure or use that, in the opinion of the Planning Commission, is similar to a structure or use permitted by right or by special approval of the Planning Commission in this zoning district.