The Commercial District is established as a district in which the principal use of land is for mercantile establishments of all types, personal service establishments, eating and drinking establishments, professional and other business offices, offices of governmental institutions (including schools and municipal buildings), churches etc., and all other similar uses that rely upon street/road frontage and site access that accesses on-site parking.

(Ord. No. 316, 5-19-2008)

Land, buildings or structures in this zoning district may be used for the following purposes only:

A.

Retail, personal service and related commercial establishments; retail gasoline sales facilities; restaurants; professional service and other offices; assembly halls of schools, churches and other organizations; financial institutions, including automated teller machines; group homes, including nursing, child and adult foster care facilities not elsewhere regulated; florist and greenhouse commercial businesses; funeral homes; furniture stores; village/township, school and other government buildings; bed & breakfast operations; lodges, fraternal, labor and social organizations, and accessory uses as regulated hereafter.

B.

Other uses when determined to be similar and compatible with the intent of the zoning district by the Village Council.

C.

An essential service as defined by this Ordinance.

(Ord. No. 316, 5-19-2008)

The following uses are permitted in this district subject to obtaining a special use permit as provided in Article XIX.

A.

Utility transmission facilities not deemed an essential service.

B.

Residential living units when incorporated within the second story of the principal building or structure meeting the minimum room size requirements of the Michigan Construction Code.

C.

Motels, hotels and other lodging facilities, except bed and breakfast operations allowed by Section 10.02, subparagraph A.

D.

Theaters and any other business offering entertainment of any type, except sexually orientated businesses regulated by Article XII, Section 12.02.

E.

Any festivals and/or events including, fairs, outdoor dances, temporary displays, circuses and other similar activities including the provision of food and beverages for consumption on premises provided such food operations and facilities meet the requirements of the Berrien County Health Department that are conducted by private businesses or not-for-profit organizations on private (or public property with permission granted by the Village Council) designed to be temporary in nature, that being less than fourteen (14) days in duration.

F.

The outdoor display or sale of any good or products, including agricultural produce.

G.

Wind energy generation equipment and utility transmission facilities not deemed an essential service.

H.

Any business possessing any kind of off-premises liquor license or on-premises liquor license as further defined in chapter 6 entitled "alcoholic liquor".

(Ord. No. 316, 5-19-2008; Ord. No. 351, § 1, 10-6-2014)

No junk yard, recycling operation or business involving livestock, or business likely to create detrimental noise, odors, fumes, radiation or vibration, as determined by the Village Council shall be located or operated in this district.

(Ord. No. 316, 5-19-2008)

Accessory buildings or structures defined in Article XXVII, customarily incidental to uses herein permitted may not be erected, altered or used in this district except in conformity with the yard and lot requirements of this district.

(Ord. No. 316, 5-19-2008)

Signs permitted in the C-1 Commercial District shall conform to the provisions of Article XVIII.

(Ord. No. 316, 5-19-2008)

Off-street parking shall be provided in conformance with Article XVII.

(Ord. No. 316, 5-19-2008)

Every commercial lot or parcel of land that abuts a lot or parcel of land zoned for residential purposes must provide an adequate visual blockage screen between the commercial and residential lot or parcel of land. This visual blockage shall be no less than six (6) feet in height, in accord with Article XVI, Section 16.05.

(Ord. No. 316, 5-19-2008)

No commercial building or other buildings or structures shall not exceed two and one-half (2½) stories or exceed thirty-five (35) feet in height.

(Ord. No. 316, 5-19-2008)

No principal or accessory use building or structure, nor any enlargement thereof, shall be hereafter erected except in conformance with the following yard, lot area, and width requirements:

A.

Front Yard: There shall be a front yard of no less than twenty-five (25) feet, measured from the edge of the public or private highway or street right-of-way line. Where there are existing buildings or structures having front yards less than twenty-five (25) feet in depth within two hundred (200) feet on either side of the building proposed to be erected, the Zoning Administrator shall approve a setback equal to the average depth of previously constructed buildings located within two hundred (200) feet on either side of the building proposed to be erected.

B.

Side Yard: There shall be a side yard so located that the side yard on each side of the building shall not be less than five (5) feet in width measured from the side lot line to nearest point on any part of the structure erected thereon, including the overhang of roof eves. If the property abuts a residential district the setback shall be eight (8) feet.

C.

Rear Yard: There shall be a rear yard of no less than five (5) feet, unless altered due to practical difficulties related to the size or configuration of the zoning lot as determined by the Board of Appeals. If the property abuts a residential district the setback shall be seven (7) feet.

Accessory Use Rear Yard: There shall be a rear yard for all accessory use buildings and structures including (e.g. garages, play structures, storage sheds, etc.) of no less than five (5) feet, unless altered due to practical difficulties related to the size or configuration of the zoning lot as determined by the Board of Appeals.

D.

Lot Area: The minimum lot area shall be eleven thousand two hundred (11,200) square feet.

E.

Lot Width: The minimum width shall be one hundred (100) feet.

F.

Maximum Lot Coverage of All Buildings and Structures: The maximum lot coverage shall not exceed fifty (50) percent.

(Ord. No. 316, 5-19-2008)