[Amended 6-6-1994 by Ord.
No. 94-06]
The C-2 Service/Business District is designed to provide sites
for more diversified business types which would often be incompatible
with the pedestrian movement in the Central Business District and
which are oriented to serving the needs of "passerby" traffic and
locations for planned shopping centers. Many of the business types
permitted also generate greater volumes of traffic and activities
which must be specially considered to minimize adverse effects on
adjacent properties.
[Amended 6-6-1994 by Ord.
No. 94-06; 7-7-2006 by Ord. No. 06-03]
In a C-2 Service/Business District, no building or land shall
be used and no building shall be erected except for one or more of
the following uses, unless otherwise provided in this chapter:
(2)
(Reserved)
(3)
Overnight lodging facilities, subject to the following.
a.
Access shall be provided so as not to conflict with the adjacent
business uses or adversely affect traffic flow on a major thoroughfare.
b.
Each unit shall contain not less than 250 square feet of floor area.
c.
No guest shall establish permanent residence at a motel for more
than 30 consecutive days within any calendar year.
(4)
Bowling alleys, billiard halls, video arcades, indoor archery ranges,
indoor tennis courts, indoor skating rinks or similar forms of indoor
commercial recreation when located at least 100 feet from any front,
rear or side yard of any residential lot in an adjacent residential
district.
(5)
Plant material nurseries and other open air business uses.
(6)
Automotive service facilities providing tires (but not recapping),
batteries, mufflers, rustproofing and undercoating, auto glass, reupholstering,
wheel balancing, shock absorbers, wheel alignments and minor motor
tuneups only, when developed in accordance with the following:
a.
There shall be no outside display of any parts or products.
b.
Any repair or replacement activity shall be conducted within a totally
enclosed building.
c.
All new, used or discarded parts shall be stored within a completely
enclosed building approved by the building department.
d.
Any such activity shall be located not less than 25 feet from a property
line.
e.
There shall be no outside parking or storage of any partially dismantled
or inoperative vehicles.
f.
In operations such as but not limited to automobile reconditioning,
there shall be no releasing of toxic gases, liquids or materials in
any form into the atmosphere or the water or sewer system of the City,
or on or into the earth, and, further, no adverse effects shall be
created by any activity on adjacent property or development.
(7)
Bank, credit unions, savings and loan associations, and similar uses,
including those offering drive-through facilities.
(8)
Veterinary hospitals and clinics having boarding facilities.
(9)
Other uses similar to the uses listed in this section.
(10)
Accessory structures and uses customarily incident to the uses
permitted in this section.
[Amended 6-6-1994 by Ord.
No. 94-06; 6-15-1998 by Ord. No. 98-02; 8-16-1999 by Ord. No. 99-06; 9-7-1999 by Ord. No. 99-07; 6-22-2001 by Ord. No. 2001-02; 9-16-2002 by Ord. No. 02-12]
The following special condition uses shall be permitted in the C-2 district subject to the conditions required in this section for each use, subject to any and all reasonable conditions which may be imposed in accordance with § 4c.(2) of the City-Village Zoning Act (MCL 125.584c, MSA 5.2934(3)), as amended, and further subject to review and approval by the Planning Commission as specified in § 86-393, pertaining to review and approval of conditional uses, and § 86-391, pertaining to review and approval of site plans.
(1)
Vehicle dealers with outdoor sales space or repair facilities for
the sale of new or secondhand automobiles, manufactured home sales,
recreational vehicles, or rental trailers or automobiles, all subject
to the following:
a.
The lot or area shall be provided with a permanent, durable and dustless
surface, and shall be graded and drained as to dispose of all surface
water accumulated within the area.
b.
The driveway to an outdoor sales area shall be at least 60 feet from
the intersection of any two streets.
c.
Any servicing of vehicles, including major motor repair and refinishing,
shall be subject to the following requirements:
1.
Any such activities shall be clearly incidental to the sale
of the vehicles and shall occur within a completely enclosed building.
2.
Partially dismantled or damaged vehicles shall be stored within
an enclosed building.
3.
New, used or discarded parts and supplies shall be stored within
a completely enclosed building.
4.
Any such activity shall be located not less than 50 feet from
any property line.
5.
There shall be no external evidence, beyond the building, by
way of dust, odor or noise, of such activities.
d.
All lighting shall be shielded from adjacent residential districts.
(2)
Businesses in the character of a open front store or a fast food
or drive-in restaurant, subject to following conditions:
(3)
Gasoline service stations for the sale of gasoline, oil and minor
accessories only, and where no repair work is done, other than incidental
service as provided for elsewhere in this article, but not including
vehicle body repair, painting, tire recapping, engine rebuilding,
auto dismantling and such other activities whose external effects
could adversely extend beyond the property line, subject to the following
conditions:
a.
The curb cuts for access to a service station shall not be permitted
at such locations that will tend to create traffic hazards in the
streets immediately adjacent thereto. Entrances shall be no less than
25 feet from a street intersection, measured from the road right-of-way
or from adjacent residential districts.
b.
The minimum lot area shall be 15,000 square feet, and so arranged
that ample space is available for motor vehicles which are required
to wait. Gasoline service stations which are intended solely for the
sale of gasoline, oil and minor accessories and have no facilities
for repair or servicing of automobiles (including lubricating facilities)
may be permitted on lots of 10,000 square feet, subject to all other
provisions of this subsection.
c.
The view of all restroom doors shall be shielded from adjacent streets
and residential districts.
d.
Tow trucks (wreckers) and vehicles under repair shall not be permitted
in the front yard.
e.
The parking of vehicles on the site shall be limited to those which
may be serviced within a twenty-four-hour period.
f.
A ten-foot landscaped greenbelt shall be provided along all street
frontages.
(4)
Adult entertainment businesses, which are subject to the following
conditions:
a.
No adult entertainment business shall be located within 1,000 feet
of any other adult entertainment business or within 600 feet of any
of the following uses:
1.
All class C establishments licensed by the state liquor control
commission, except as to "adult cabarets" located within the City
as so licensed.
2.
Pool or billiard halls.
3.
Coin-operated amusement centers.
4.
Teenage discos or dancehalls.
5.
Ice or roller skating rinks.
6.
Pawnshops.
7.
Indoor or drive-in movie theaters.
8.
Any public park.
9.
Any church.
10.
Any public or private school having a curriculum including kindergarten
or any one or more of the grades 1 through 12.
|
Such distance shall be measured along the centerline of the
street or streets or address between two fixed points on the centerlines
determined by projecting straight lines at right angles from the part
of the uses listed in this subsection nearest to the contemplated
location of the structure containing the adult entertainment use,
and from the contemplated location of the structure containing the
adult entertainment use nearest to a use listed in this subsection.
|
b.
No adult entertainment business shall be located within 500 feet
of any area zoned residential. Such required distances shall be measured
by a straight line between a point on the boundary line of a zoned
residential area nearest to the contemplated structure or contemplated
location of the structure containing the adult entertainment business
to a point on the contemplated structure or contemplated location
of the structure containing the adult entertainment business nearest
to the boundary lines of a zoned residential area.
c.
All adult entertainment business shall be contained in a freestanding
building. Enclosed malls, commercial strip stores, common wall structures
and multi-uses within the same structure do not constitute a freestanding
building.
d.
No adult entertainment shall be conducted in any manner that permits
the observation of any material depicting, describing or relating
to specified sexual activities or specified anatomical areas from
any public way or from any property not regulated as an adult entertainment
use. This subsection shall apply to any display, decoration, sign,
show window or other opening.
e.
No person owning, operating, managing or employed by or within a
cabaret shall dance, perform or serve food, beverages or alcoholic
beverages while displaying or allowing to be visible specified anatomical
areas, as defined in this chapter, or allow any other person to do
so.
f.
No person owning, operating, managing or employed by or within a
cabaret shall, by means of dancing, acting or otherwise moving about,
perform specified sexual activities, as defined in this chapter, or
allow any other person to do so.
g.
No person owning, operating, managing or employed by or within a
cabaret shall have, own or possess, within said cabaret, any type
of radio receiver equipment containing police radio frequency bands
or capable of receiving police radio communications, or allow any
other person to do so.
h.
No person shall reside in or permit any person to reside in the premises
of any adult entertainment business.
i.
No person shall operate an adult personal service business, unless
there is conspicuously posted in each room where such business is
carried on, a notice indicating the prices for all services performed
by said business. No person operating or working at such a place of
business shall solicit or accept any fees except those indicated on
any such notice.
j.
No person operating an adult entertainment business shall permit
it to be used for acts of prostitution or to be frequented by known
prostitutes who have been convicted of the act of prostitution within
the last 24 months and any customers convicted of being customers
of prostitutes within the last 24 months.
k.
No person operating an adult entertainment business shall permit
any person under the age of 18 to be on the premises of said business
either as an employee or customer.
l.
No person shall become the lessee or sublessee of any property for
the purpose of using said property for an adult entertainment business
without the express written permission of the owner of the property
for such use.
m.
No lessee or sublessee of any property shall convert that property
for any other use to an adult entertainment business without the express
written permission of the owner of the property for such use.
n.
The provisions of this section regarding massage parlors shall not
apply to hospitals, sanitariums, nursing homes, medical clinics or
the offices of a physician, surgeon, chiropractor, osteopath, psychologist,
clinical social worker or family counselor who is licensed to practice
his or her respective profession in the State of Michigan, or who
is permitted to practice temporarily under the auspices of an associate;
an establishment duly licensed in the State of Michigan, clergymen,
members of a state certified massage therapy association. Members
of a state certified massage therapy association must have a certificate
of completion of a massage program from a community college, college
or university.
o.
Building design, facade, or any painted images, murals, pictorials
or characters that depict specific anatomical areas or specific sexual
activities on a building, inside or outside thereof, are prohibited.
p.
Enforcement:
1.
Anyone violating this ordinance or any subsection, paragraph,
clauses and parts hereof is guilty of a misdemeanor and shall be subject
to a maximum penalty of 90 days in jail, or an equal amount of time
of community service, or any combination thereof not exceeding 90
days, plus $500 fine, plus actual costs of prosecution.
2.
Continuing violations. In addition to the penalty provided in
Subsection (4)p.1 of this section, any condition caused or permitted
to exist in violation of the provisions of this Code, or any ordinance,
shall be deemed a new and separate offense for each day that such
condition continues to exist.
(5)
Accessory buildings and uses customarily incident to any of the uses
permitted in this section.
(6)
Car washes. Machine or hand operated facilities used principally
for cleaning, waxing, and polishing of motor vehicles.
(7)
Miniwarehouses (self-storage facilities).
a.
Building setbacks shall be as follows: Front yard not less than 25
feet; side yard and rear yard not less than 10 feet.
b.
Building separation between self-storage buildings on the same site
shall be 30 feet, as measured from the side to side or front to rear,
or equal to the building height, whichever is greater.
c.
The total lot coverage of all structures shall be limited to 50%
of the total lot area.
d.
When adjacent to a residential district, a sightproof barrier shall
be provided around the perimeter of the development. The barrier shall
be located at the setback line and may consist of either the solid
facades of the storage structures or a fence. If a fence is provided,
it shall be a minimum of six feet in height and shall be constructed
of brick, stone, masonry units or wood products which are determined
by the building inspector to be durable and weather resistant.
e.
A ten-foot landscaped greenbelt shall be provided between the property line and required barrier along all street frontages. A five-foot landscaped greenbelt shall be provided between the property line and barrier where the site abuts any residential district. All materials shall be planted in conformance with § 86-350.
f.
Parking shall be provided in a ratio of one space for each 2,000
square feet of gross building area. At a minimum, two parking spaces
must be assigned to, and located conveniently to, each individual
storage building. In addition, two spaces for the residential manager,
and one additional space for each additional employee, shall be provided
adjacent to the rental office.
g.
Internal driveway aisles shall be a minimum of 24 feet in width.
h.
All off-street parking areas and driveways shall be hard surfaced and drained in accordance with § 86-338.
i.
All ingress and egress from the site shall be directly onto a major
thoroughfare as identified on the City future land use plan.
j.
Building height shall not exceed one story (15 feet), except that
a caretaker's or residential manager's unit may be allowed a building
height of two stories (25 feet).
k.
No single storage building shall exceed 5,000 square feet.
l.
All storage on the property shall be kept within an enclosed building.
m.
The use of the premises shall be limited to storage only, and the
premises shall not be used for any auctions or sales, or storage and
transfer businesses; for the servicing, repair or fabrication of any
vehicle, boat, trailer, appliance, or similar item; or for the operation
of power tools, compressors, kilns, or similar equipment; except that
limited sales to tenants of products and supplies incidental to the
principle use, such as packing materials, identification labels, rope,
locks, tape, etc., shall be permitted on the site devoted to this
use. The storage of combustible or flammable liquids, combustible
fibers, or explosive materials, as defined in the fire protection
code, or toxic materials, is expressively prohibited.
[Amended 6-6-1994 by Ord.
No. 94-06]
Area and bulk requirements for the C-2 District are set out in Article XI of this chapter, the Schedule of Regulations, limiting the height and bulk of buildings, providing the minimum size of the lot by permitted land use, and providing minimum yard setback requirements.
