This district is intended to serve as the downtown shopping district for the City of Hart. A wide range of retail service, office, governmental, institutional and limited residential uses are permitted. Development standards recognize the special parking, pedestrian and building location needs of an established downtown business district.

(Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

   Land and structures in the B-1 Central Business District may be used for the following purposes only.

   (a)   Any generally recognized retail business which supplies commodities on the premises within a completely enclosed building, such as, but not limited to: foods, drugs, liquor, furniture, clothing, dry goods, appliances or hardware.

   (b)   Any personal service establishment which performs services on the premises within a completely enclosed building, such as, but not limited to: repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors, barber shops, interior decorators, photographers, and permanent cosmetic services.

   (c)   Restaurant, tavern or catering establishment.

   (d)   Theater, bowling alley, pool or billiard parlor or similar commercial recreation establishment.

   (e)   Medical clinics, general office buildings and facilities for substance abuse treatment.

   (f)   Bank or other financial institution.

   (g)   Government building and post office.

   (h)   Business schools or private schools, operated for profit. Examples of private schools permitted herein include, but are not limited to, the following: dance studios, music and voice schools and art schools.

   (i)   Offices and showrooms of plumbers, electricians, decorators, or other similar trades.

   (j)   Bakery or confectionery shop.

   (k)   Laundry, laundromat, dry cleaning or dyeing establishment.

   (l)   Fraternal or social club or lodge.

   (m)   Video rental and sales.

   (n)   Hotel and motel.

   (o)   Public and institutional uses.

   (p)   In the B-1 Zoning District, dwelling units may be permitted within a building where the principal use is commercial subject to the following conditions:

      (1)   The dwelling unit shall not be located below the second floor of the building.

      (2)   Each dwelling unit shall contain a minimum of 600 square feet of floor area.

      (3)   A building permit shall be obtained to establish a dwelling unit in order to ensure compliance with the requirements of this section and with the Hart Building Code, Fire Code and Oceana County District Health Department. The entire building containing the dwelling unit shall also be brought into compliance with the Hart Building Code and Fire Code before an occupancy permit is issued.

   (q)   Private communication antenna not exceeding twenty-five feet in height as regulated by Section 1243.18.

   (r)   Essential public service equipment.

   (s)   Accessory uses, buildings and structures customarily incidental to the above uses including necessary incidental manufacturing when clearly accessory for a permitted use.

   (t)   Other uses which are determined by the Zoning Administrator to be similar to the above uses and which meet the intent of this district.

   (u)   Churches, synagogues, or other similar places of worship and customary related uses.

   (v)   Outdoor seating, provided:

      (1)   The area devoted to outdoor seating must be ancillary to the main use of an indoor restaurant, bakery, coffee shop, delicatessen, specialty food store, or similar establishment.

      (2)   Pedestrian circulation and access to the building entrance shall not be impaired. A minimum of three feet of sidewalk along the curb and leading to the entrance to the establishment must be maintained free of tables, chairs, and other encumbrances.

      (3)   The seating area shall be limited to the area directly in front of the permitted use to which the seating area is accessory and shall not extend into adjoining sites.

      (4)   Tables, chairs, umbrellas, canopies, planters, waste receptacles, and other elements of street furniture shall be compatible with the architectural character of the principal building.

      (5)   Outdoor amplification shall be prohibited unless only to play music in compliance with Section 660.01(b)(10).

      (6)   The area devoted to outdoor service shall not encroach upon or extend over any public alley or right-of-way.

      (7)   A site plan shall be submitted which clearly depicts the seating area and location and style of tables and chairs, reflecting ample aisles for pedestrian traffic.

      (8)   The outdoor seating area shall not obstruct visibility of on-coming pedestrians or vehicular traffic.

      (9)   The sale of alcoholic beverages is subject to the rules and regulations of the State of Michigan Liquor Control Commission.

      (10)   All outdoor furnishings shall be completely removed from sidewalk areas December 1 through March 1 of each year.

      (11)   The area devoted to such outdoor dining area shall be maintained in a safe, clean, and sanitary manner.

      (12)   Roof seating shall comply with the building code.

(Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99; Ord. 2005-5. Passed 6-28-05; Ord. 22-02. Passed 2-8-22.)

   The following uses may be permitted as a special land use subject to the applicable general and specific requirements and standards of Chapter 1256.

   (a)   Housing for the elderly, retired or those requiring assisted care including nursing homes subject to the regulations of Section 1256.12.

   (b)   Establishments with a drive up or drive through windows.

   (c)   Antenna and towers exceeding a height of twenty-five feet as regulated by Section 1243.18.

   (d)   Essential public service buildings and structures.

   (e)   Vehicle service and gas stations.

(Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

   Buildings and structures shall not be erected or enlarged unless the following requirements are met and maintained.

   (a)   Minimum lot area and width - None required.

   (b)   Required build-to area.

      (1)   A “build-to area” is a designated portion of a lot that is between zero and four feet behind the right-of-way. The front building elevation shall be placed within this area on interior and corner lots.

      (2)   The minimum façade width within the build-to area is 75% of the primary street lot frontage. On corner lots, the minimum façade width within the build-to area is 25% of the secondary street lot frontage. In all cases, State Street shall be the primary street frontage. For lots that do not front State Street, the Zoning Administrator shall determine the primary street frontage.

      (3)   On corner lots, the building façade shall be built to the build-to zone within 30 feet of a block corner at minimum on primary and secondary street frontages.

   (c)   Side yard and rear yard setbacks - None required except where a property abuts a residentially zoned lot then a minimum of ten feet shall be required.

   (d)   Maximum lot coverage - No requirement.

   (e)   Maximum building height - 35 feet.

   (f)   Dumpsters shall not be located within the front yard and shall be screened as required by Section 1258.07(l).

(Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99; Ord. 2017-03. Passed 10-10-17.)

   (a)   The off-street parking regulations of Chapter 1260 shall not apply to uses in the B-1 Zone. If parking is provided, it shall be set back at least 30 feet behind the front build-to area.

   (b)   Signs shall be regulated by Chapter 1259.

   (c)   Site plan review as regulated by Chapter 1258 is required for all special land uses.

   (d)   Site condominiums shall be regulated by Chapter 1257.

   (e)   Landscaping shall be as regulated by Section 1243.22.

   (f)   Buildings. These requirements apply to all new buildings in the B-1 Zoning District and are recommended for building renovations.

      (1)   Fenestration is regulated as a percentage of the façade between floor levels and is measured as the square footage of glass area, doors, and open area.

         A.   Min./max. ground floor façade fenestration - 33 to 80%.

         B.   Min./max. upper story fenestration - 20 to 70%.

      (2)   At least one functioning entry door shall be provided along each ground story façade. The maximum distance between functioning façade entrances on the same building on the same frontage shall be 50 feet.

      (3)   All façades over 50 feet shall have horizontal and vertical architectural articulation that provides a visual break to the expanse of masonry.

      (4)   Street-facing building elevations shall be constructed with 80% brick exterior building materials. The bottom four feet of all building elevations shall be 100% brick.

      (5)   Loading docks, overhead doors, and other service entries shall be located to the rear.

      (6)   Buildings shall have flat roofs and parapets. Rooftop mechanical equipment shall be set back at least ten feet from the edge of street-fronting façades.

(Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99; Ord. 2017-03. Passed 10-10-17.)