The C-2 General Business District is designed to provide a wide diversity of office and business activities. In addition to higher intensity office and retail uses several other activities, usually requiring considerable land area and access to major thoroughfares, are permitted. Uses in this district normally must have good automobile accessibility but shall not cause congestion on adjacent thoroughfares.

(Ord. No. 2024-06, pt. 9, 7-17-2024)

(a)

Article VIII. See the additional use standards listed in Article VIII.

(b)

Mortuaries, including an accessory caretaker's apartment.

(1)

In addition to the off-street parking required in Section 12.01(c)(3), one (1) space shall be provided for all official vehicles of the mortuary or funeral home plus one (1) space shall be provided for the caretaker.

(2)

Ingress and egress shall be provided so as not to conflict with the traffic on adjacent residential streets.

(3)

Sufficient space shall be provided so the funeral procession can be formed on the site or within off-street parking areas serving the mortuary or funeral home, rather than on residential streets.

(4)

All outdoor activity associated with the mortuary shall be screened from view of adjacent residential districts.

(c)

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.

(2)

At least one (1) boundary of the lot upon which the church is to be constructed shall border a street designated as a collector thoroughfare having an existing and/or planned right-of-way of at least eighty-six (86) feet in width.

(d)

Automobile wash or car wash establishments.

(1)

The minimum lot size required for such facilities shall be twenty thousand (20,000) square feet.

(2)

All washing activities shall be carried on within a completely enclosed building. Vacuuming activities shall be permitted in the rear yard only, provided that such activities are located at least fifty (50) feet from adjacent residentially-zoned or used property.

(3)

Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley. All maneuvering areas, stacking lanes, and exit aprons shall be located on the car wash parcel. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the car wash.

(4)

Sufficient space shall be provided on the lot for drying of the vehicle undercarriage during sub-freezing weather prior to exiting on the public thoroughfare.

(5)

Automobile wash or car wash establishments are prohibited within the CL and CBD Context Zones of the Village Overlay District.

(e)

New and used vehicle sales offices and showrooms, provided that any outdoor sales area for used vehicle sales shall be permitted only as an adjunct to a new vehicle sales establishment.

(1)

The sales lot shall be provided with a permanent, durable, and dustless surface having an asphaltic or concrete binder, and shall be so graded and drained to dispose within the site of all surface water accumulating within the area.

(2)

Ingress and egress driveways shall be located at least sixty (60) feet from the intersection of any two (2) streets, measured from the nearest intersection right-of-way line.

(3)

No major repair or major refinishing shall be done on the lot.

(4)

All abutting or adjacent property shall be zoned for business or industrial use.

(5)

Devices for the transmission or broadcasting of voice or music shall be prohibited outside of any building.

(6)

No vehicle shall be parked or displayed within forty (40) feet of a public right-of-way.

(7)

All driveway approaches, road drainage, curbs and curb cuts shall meet the requirements of the agencies which have jurisdiction thereof.

(8)

No new or used vehicle sales office or showroom with outdoor sales area may be permitted within the CL and CBD Context Zones of the Village Overlay District.

(f)

Drive-throughs.

(1)

Ingress and egress drives shall be a minimum of thirty (30) feet in width. No more than one (1) such drive or curb opening shall be permitted for every seventy-five (75) feet of frontage (or fraction thereof) along any street. The nearest edge of any such drive shall be located at least twenty-five (25) feet from the nearest point of any property zoned or used for residential purposes.

(2)

Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses, its location near vehicular or pedestrian entrances or crossings, or similar concerns.

(3)

Ingress and egress points shall be located at least sixty (60) feet from the intersection of any two (2) streets, measured from the nearest intersection right-of-way line.

(4)

Devices for the transmission of voice shall be so directed or muffled as to prevent said sounds from being audible beyond the boundaries of the site. Devices for the broadcasting of voice or music over the entire site shall be prohibited.

(5)

No use which has a drive-through facility may be located within the CL and CBD Context Zones of the Village Overlay District.

(g)

Recreation, commercial outdoor (such as amusement parks, golf driving ranges, and similar uses).

(1)

No such uses shall be located within one hundred (100) feet of any residential district.

(2)

All abutting or adjacent property shall be zoned for business or industrial use.

(3)

A masonry wall at least six (6) feet in height shall be provided along any property line which abuts a C-1 District.

(4)

Devices for the transmission or broadcasting of voice or music shall be prohibited outside of any building.

(5)

All driveway approaches, road drainage, curbs and curb cuts shall meet the requirements of the agencies which have jurisdiction thereof.

(6)

No commercial outdoor recreation use may be located within the CL and CBD Context Zones of the Village Overlay District.

(h)

Retail sales of plant materials not grown on the site, sales of lawn furniture, playground equipment, and home garden supplies, and similar open-air businesses.

(1)

All loading and parking areas for open-air businesses shall be confined to the site and shall not be permitted to spill over onto adjacent roads.

(2)

Plant storage and display areas shall comply with the minimum setback requirements for the district in which the nursery is located.

(3)

The storage of soil, fertilizer, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties.

(4)

Open-air uses shall not be permitted to locate at the intersection of major thoroughfares.

(5)

Any open-air use proposed within the CL and CBD Context Zones of the Village Overlay District must demonstrate that the proposed use will contribute to the intent of establishing a viable pedestrian oriented central business district.

(i)

Offices, showrooms, or workshop of a plumber, electrician, building contractor, upholsterer, caterer, exterminator, heating and cooling contractor, decorator, or similar trade.

(1)

All services performed on the premises, including fabrication, repair, cleaning, or other processing of goods, shall be sold at retail on the premises where produced.

(2)

All services performed on the premises, including fabrication, repair, cleaning, or other processing of goods, shall be conducted within a completely enclosed building.

(3)

The ground floor premises facing upon and visible from any abutting street shall be used only for entrances, offices, sales, and display.

(4)

There shall be no outside storage of materials or goods of any kind.

(j)

Recreation, commercial indoor (such as bowling establishment, arcades, and similar uses).

(1)

No such use shall be located within one hundred (100) feet of any residential district.

(k)

Facilities for the sales, servicing, and protection of small recreation, boats, along with retail facilities that supply commodities related to boating.

(1)

Except for land area immediately adjacent to water, the portion of the lot used for vehicular circulation and parking, boat sales, and boat storage shall be provided with a permanent, durable, and dustless surface having an asphaltic or concrete binder, which shall be graded and drained to dispose of storm water in a manner that is approved by the City Engineer.

(2)

Ingress and egress points shall be located at least sixty (60) feet from the intersection of any two (2) streets, measured from the nearest intersection right-of-way.

(3)

A landscaped greenbelt shall be provided along all sides of the site that are zoned or used for residential purposes, in accordance with Section 15.23.

(4)

Devices for the transmission or broadcasting of voice or music shall be prohibited.

(5)

All driveway approaches, road drainage, curbs and curb cuts shall meet the requirements of the agencies having jurisdiction thereof.

(6)

The storage of any resins, epoxies, fiberglass, etc., and any engine or hull repair activities shall be performed within a completely enclosed building.

(7)

Adequate room shall be provided for the maneuvering of boats and trailers without interruption or blockage to traffic on any public road.

(8)

No boat hauling activities or mast cranes shall be located closer than twenty (20) feet from any side lot line.

(9)

Such use may not be located within the CL and CBD Context Zones of the Village Overlay District.

(l)

Mini-warehouses.

(1)

The minimum lot size for mini-warehouses shall be three (3) acres.

(2)

Mini-warehouse establishments shall provide for storage only, which must be contained within an enclosed building.

(3)

The entire site, exclusive of access drives, shall be enclosed with a six-foot-high chain link fence or masonry wall, constructed in accordance with Sections 15.04 and 15.12.

(4)

The exterior of any mini-warehouse shall be of finished quality and design, compatible with the design of structures on surrounding property.

(5)

All one-way driveways shall be designed with one (1) ten-foot-wide loading/unloading lane and one (1) fifteen-foot travel lane. All two-way driveways shall be designed with one (1) ten-foot-wide loading/unloading lane and two (2) twelve-foot travel lanes.

(6)

Such use may not be located within the CL and CBD Context Zones of the Village Overlay District.

(m)

Sexually oriented businesses.

(1)

Intent. It is the intent of this Ordinance to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Ordinance to condone or legitimize the distribution of obscene material. The purpose and intent of this section is to regulate the location of, but not to exclude, adult entertainment businesses. This is accomplished by preventing the concentration of such uses in close proximity to each other and to minimize the negative impacts of their operation by separating such uses from residential, office/commercial and other areas of public congregation. This regulation is done with the understanding that the City recognizes that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly if several of them are concentrated under circumstances having a deleterious effect upon adjacent residential, office and commercial areas. The City recognizes that the regulation of such uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of surrounding residential neighborhoods, nonresidential areas or other places of public congregation.

(2)

Studies and findings. Prior to adopting these regulations, the City reviewed studies prepared on these uses, and reviewed ordinances and regulations prepared by other municipalities, and reviewed applicable federal and state case law. Based on evidence of the adverse effects of adult uses presented in reports and on findings incorporated in court cases, such as Pap's AM v City of Erie, 529 US 277 (2000), Deja Vu of Nashville v Metropolitan Government of Nashville & Davidson County, 466 G3d 391 (6th Cir 2006), Sensations, Inc. v City of Grand Rapids, 2006 WL 2504388 (WD MI 2006), Van Buren Township v Garter Belt, 258 Mich App 594; 673 NW2d 111 (2003), Bronco's Entertainment v Charter Township of Van Buren, 421 F3d 440 (6th Cir 2005), Thomas v Chicago Park District, 122 S Ct 775 (2002), City of Renton v Playtime Theatres Inc, 475 US 41 (1986); and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona - 1979; Minneapolis, Minnesota - 1980; Houston, Texas - 1997; Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; and An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan 12, 2000; the City Council finds that sexually oriented businesses as a category of establishments are correlated with harmful secondary effects, and that the foregoing reports are reasonably believed to be relevant to potential problems the City of Keego Harbor is seeking to prevent in the future. Due to the potential for harmful secondary effects, the City Council further determines that it is in the best interests of the City that the decision on any application for a special condition use approval for a sexually oriented business be made by the City Council after review and recommendation by the Planning Commission. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one (1) area (i.e., not more than two (2) such uses within a specified distance of each other which would create such adverse effect(s)).

(3)

Applicability. The provisions of this section regarding massage parlors shall not apply to health care facilities licensed by the state under the Public Health Code, MCL 333.2223 et seq., such as hospitals, sanitariums, nursing homes, medical clinics or the office of a physician, surgeon, chiropractor, dentist, psychologist, clinical social worker, family counselor, physical therapist or other members of the health occupations licensed or regulated by the state. In addition, the provisions of this section regarding massage parlors shall not apply to individuals permitted to practice with a temporary license under required supervision as provided by the state Public Health Code, MCL 333.16101 et seq., as well as clergy, and certified members of the American Massage and Therapy Association.

(4)

Specific regulations and requirements.

a.

Separation requirements.

1.

No adult entertainment business shall be located within five hundred (500) feet of a religious institution, public or private primary or secondary school, public park, or noncommercial public assembly facility.

2.

The site of an adult entertainment business shall not be adjacent to or within three hundred (300) feet of any residential area or residential district.

3.

The site of an adult entertainment business shall not be within five hundred (500) feet of any other adult entertainment business.

b.

Window displays, signs, decorative or structural elements of buildings shall not include or convey specific examples of the adult entertainment business activity; are limited to a single sign; and all such displays shall be part of specific approvals for all the uses or activities on the site. Any alteration to the above media shall be approved by the Planning Commission.

c.

The site layout, setback, structures and overall appearance and function of the use shall be compatible with adjacent uses.

d.

Miscellaneous requirements and conditions.

1.

No person shall reside in or permit any person to reside in the premises of a sexually oriented business.

2.

Such uses shall comply with all applicable federal, state, and local licensing regulations.

3.

Nothing contained in this section shall relieve the operator(s) of a sexually oriented business from complying with other requirements of this Ordinance as it may be amended from time to time, or any subsequently enacted ordinances.

(Ord. No. 2023-02, § 1.02(Exh. A), 3-16-2023; Ord. No. 2024-06, pt. 9, 7-17-2024)

Editor's note— Ord. No. 2024-06, pt. 9, adopted July 17, 2024, repealed § 9.02, which pertained to principal uses permitted subject to special conditions and derived from Ord. 337, adopted Dec. 18, 1997; Ord. 376, adopted Oct. 18, 2001; Ord. 386, adopted March 21, 2002; and Ord. No. 2023-02, § 1.02(Exh. A), adopted March 16, 2023.

Accessory buildings and uses incidental to the principal permitted uses enumerated in Sections 9.01 and 9.02 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 General 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 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 General Business District per Village Overlay District standards.

(c)

Area, height, bulk, and placement requirements. Buildings and uses in the General 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 General 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)

On corner lots in the C-2 District, the side yard facing the street shall conform with the minimum side setback requirements as specified, and shall not be required to conform with front yard setback requirements.

(4)

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.

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