The C-1 Local Business District is designated to meet the day-to-day convenience shopping and service needs of persons residing in adjacent residential areas. Protection of nearby residential districts is considered of importance, thus businesses which might tend to be a nuisance to immediately surrounding residential areas are excluded, even though the goods sold or services offered might fall within the convenience classification.

(a)

Automobile service centers and quick oil change shops.

(1)

Any such facility shall have a minimum of one hundred sixty (160) feet of frontage on the principal street serving the station.

(2)

All buildings shall be set back not less than fifty (50) feet from all street right-of-way lines.

(3)

Curbs, curb cuts, driveway widths, and acceleration and deceleration lanes shall meet the requirements of the agencies having jurisdiction thereof.

(4)

No structure shall be located closer than one hundred (100) feet to any residentially-zoned land.

(5)

Gasoline storage tanks shall be located underground and no closer than one hundred (100) feet to any property line.

(6)

Pump islands shall be located no closer than twenty-five (25) feet to any property line.

(7)

All trash, waste, and discarded material shall be screened from view and confined so as to be completely contained within an enclosure with a gate.

(8)

Automobile service centers and quick oil change shops are prohibited within the CL and CBD Context Zones of the Village Overlay District.

(b)

Places of worship.

(1)

Buildings of greater than the maximum height allowed in this district may be permitted provided front, side, and rear yards are increased above the minimum required yards by one (1) foot for each foot of building height that exceeds the maximum height allowed.

(c)

Schools. Public, parochial and other private elementary, intermediate and/or high schools offering courses in general education, subject to the following condition: No building shall be closer than fifty (50) feet to any property line when said property line abuts or is adjacent to land zoned for residential purposes. Within the Village Overlay District, no building shall be closer than ten (10) feet to any property line when said property line abuts or is adjacent to land zoned for residential purposes.

(d)

Veterinary offices and clinics that provide medical, surgical, and grooming facilities for small non-farm animals.

(1)

No such use shall be located closer than one hundred (100) feet to any residentially-zoned or used property.

(2)

All such facilities shall be completely enclosed in a building in such a manner as to produce no offensive odor or audible sound beyond the lot line.

(3)

An adequate, enclosed method of refuse storage and disposal shall be maintained so that no public nuisance shall be created at any time.

(e)

Event hall (Private service clubs, fraternal organizations, banquet halls, and meeting halls) and commercial establishments with hours of operation between 11:00 p.m. and 6:00 a.m.

(1)

Parking areas shall be configured as to prevent vehicular headlights from shining into adjacent residentially zoned and used property, whenever possible. If this is not possible, parking areas configured such that vehicular headlights are directed toward public rights-of-way shall provide continuous screening at a minimum height of three (3) feet. The Planning Commission shall have the discretion to require an obscuring wall, fence, berm, landscape plantings, or a combination thereof.

(2)

Ingress and egress drives and primary circulation lanes shall be located away from residential areas to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas, wherever practical.

(3)

All building entrances to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned or used property, wherever possible, to minimize the potential for patrons to congregate outside of building entrances and create noise which may become a nuisance to adjacent residential areas.

(4)

Screening not less than six (6) feet in height shall be provided along all property lines abutting residentially zoned or used areas. The Planning Commission shall have the discretion to require an obscuring wall, fence, berm, landscape plantings, or a combination thereof.

(5)

All parking lot lighting shall be screened with shoebox-type metal halide light fixtures which are directed downward at all times.

(6)

Neon, fluorescent, or similar decorative lighting located on the building, signs, or in other areas on the site shall not be visible from adjacent residential properties between 11:00 p.m. and 6:00 a.m.

(7)

Deliveries or garbage pick-up shall not be permitted between the hours of 11:00 p.m. and 6:00 a.m.

(f)

Outdoor dining.

(1)

The outdoor seating area shall be buffered from streets, with an aesthetically appealing screening device that is aligned with the vision of the Cass Lake Road Corridor Plan.

(2)

Such eating areas shall be separated from all vehicular parking and maneuvering areas by means of an approved protective landscaped buffer, wall, architectural feature, or some other similar means of separation.

(3)

Outdoor seating shall be subject to applicable Oakland County Health Department requirements.

(4)

The application shall specify the plans for storage of tables, chairs, and equipment during the months when the outdoor seating is not in use.

(5)

The outdoor eating area shall be always kept clean and void of litter. Mobile vending outdoor dining applications must demonstrate a waste management plan.

(6)

All vending machines and arcades shall be located within a completely enclosed building.

(7)

The capacity of the outdoor seating area shall be provided by the applicant and verified by the Building Official.

(8)

If the eating area is elevated above a parking area, pedestrian walkway, or waterway objects shall not be placed on a ledge or railing which may dislodge and endanger vehicles or pedestrians below.

(9)

Additional signs shall not be permitted, beyond what is permitted for the existing restaurant.

(10)

Entertainment, music, speakers, or similar devices shall be prohibited in this outdoor area within one hundred (100) feet of any residential use.

(11)

Outdoor storage of food and preparation of food and beverages shall be prohibited in this outdoor area.

(12)

The sale and consumption of alcohol are governed by the Michigan Liquor Control Act and local ordinance.

(13)

In addition to the standards listed above, outdoor sidewalk cafes shall also be subject to the following standards:

a.

To allow for pedestrian circulation, a minimum five (5) feet wide pedestrian passage clearance must be maintained anywhere on the sidewalk in front of all buildings.

b.

All entrances and walkways must be barrier-free and accessible, in accordance with the provisions in the national Americans with Disabilities Act (ADA) and Michigan barrier-free requirements.

(14)

Tables, chairs, planters, trash receptacles, and other elements of street furniture should be maintained and meet the standards in accordance with the Zoning Ordinance.

(15)

Liability issues for use of the public sidewalk should be addressed and reviewed by the City Attorney.

(16)

The City encourages the installation of bike racks next to outdoor dining set-ups.

(Ord. No. 2023-02, § 1.02(Exh. A), 3-16-2023; Ord. No. 2024-06, pt. 8, 7-17-2024; Ord. No. 2024-07, pt. 2, 8-14-2024)

Editor's note— Ord. No. 2024-07, pt. 2, adopted Aug. 14, 2024, set out provisions adding subsection (g). For purposes of alphabetization, and at the editor's discretion, said provisions have been included as subsection (f).

Editor's note— Ord. No. 2024-06, pt. 8, adopted July 17, 2024, repealed § 8.02, which pertained to principal uses permitted subject to special conditions and derived from Ord. 376, adopted Oct. 18, 2001; and Ord. No. 2023-02, § 1.02(Exh. A), adopted March 16, 2023.

Accessory buildings and uses customarily incidental to the principal permitted uses enumerated in 8.01 and 8.02 are permitted including home occupations accessory to nonconforming residential uses subject to the provisions of Section 15.29, Home occupations.

(Ord. 377, 11/15/2001)

(a)

Required conditions. Except as otherwise noted for specific uses, buildings and uses in the Local Business District shall comply with the following required conditions:

(1)

All business establishments shall be retail or service establishments dealing directly with customers. All goods produced and services performed on the premises shall be sold at retail on the premises produced.

(2)

All business, servicing, or processing, except off-street parking and loading, shall be conducted within a completely enclosed building.

(3)

There shall be no outside storage of goods, inventory, or equipment.

(4)

All uses permitted subject to special conditions shall be required to submit a Traffic Impact Analysis which shall, at minimum, include: trip generation estimates, the volume of existing traffic on roads adjacent to the site, the peak hour volume of traffic on roads adjacent to the site, the peak hour volume of traffic expected to be generated by the proposed development, estimates of the directional distribution of trips generated by the development, projected assignment of vehicle trip volumes to the roadway network, analysis of anticipated turning movements and required left-or right-turn controls, and recommendations to mitigate the impact of the development on the transportation system. If deemed necessary by the City Planner following review of the site plan a Traffic Impact Analysis may also be required in conjunction with development of a principal permitted use. For properties within the Village Overlay District, see Section 9A.04(a)(2).

(5)

The site and building layout for all business establishments shall be designed to accommodate safe pedestrian access for passersby and for patrons of the business. Accordingly, sidewalks shall be provided along all street frontages.

(b)

Site plan review. Site plan review shall be required for all uses in the Local Business District in accordance with Section 16.08.

(c)

Area, height, bulk, and placement requirements. Buildings and uses in the Local Business District are subject to the area, height, bulk, and placement requirements in Article XXIV, Schedule of Regulations.

(d)

General development standards. Buildings and uses in the Local Business District shall be subject to all applicable standards and requirements set forth in this Ordinance, including off-street parking and loading requirements in Article XIII, and landscaping and screening requirements in Section 15.23.

(Ord. No. 2023-02, § 1.02(Exh. A), 3-16-2023)

Notes to Development Standards:

(1)

Properties abutting water shall also comply with Section 15.15, Waterfront land setbacks.

(2)

Front yard setbacks are measured from the edge of the existing and/or planned right-of-way, said planned right-of-way as shown on the officially adopted Master Plan. Where a parcel or lot is at an intersection, the setback shall be measured from the maximum requirement for the district considering each side as a front yard area.

(3)

No side yards are required along interior lot lines, except as required by the building code, provided that walls so located shall be solid and shall not contain any windows, doors, or any other openings. On exterior lot lines the minimum setbacks shall be maintained.