The Central Business District is designed and intended to promote the development of a pedestrian oriented and accessible central commercial service district in which a variety of retail, commercial, office, civic and residential uses are permitted. Each use shall be complementary to the stated function and purpose of the District and shall not have an adverse impact upon adjacent street capacity and safety, utilities, and other City services.

   The Central Business District is further designed and intended to:

   (a)   Encourage innovative, neotraditional commercial/mixed use developments.

   (b)   Encourage a lively social environment and economically viable downtown with a wide variety of uses in a pedestrian oriented unified setting, with shared parking.

   (c)   Extend greater opportunities for traditional community living, working, housing and recreation to all citizens and residents of the City.

   (d)   Encourage a more efficient use of land and of public services, and to reflect changes in technology of land development, by directing new development in a traditional pattern of mixed use and varied commercial styles.

   (e)   Reduce the excessive sprawl of development and the segregation of land uses that cause unnecessary traffic congestion.

   (f)   Discourage the development of drive-through facilities, which contribute to traffic congestion.

   (g)   Discourage the development of separate off-street parking facilities for each individual use, and encourage the development of off-street parking facilities designed to accommodate the needs of several individual uses.

   (h)   Prohibit uses that do not deal directly with consumers and are disruptive to pedestrian activities and have as their principal function the sale and services of motor vehicles, such as automotive service and repair stations, automotive fueling stations, automobile parts retail stores, automobile washes, new and used motor vehicle sales or service establishments, drive-in restaurants, restaurants with drive-through facilities, and businesses with drive-through facilities (such as, but not limited to, banks, credit unions, pharmacies, etc.).

   (i)   Promote the creation of urban places which are oriented to the pedestrian, thereby promoting citizen security and social interaction.

   (j)   Promote developments where the physical, visual and spatial characteristics thereof are established and reinforced through the consistent use of compatible urban design and architectural design elements. Such elements shall relate the design characteristics of an individual structure or development to other existing and planned structures or developments in a harmonious manner, resulting in coherent overall development patterns and streetscape.

   (k)   Discourage commercial and business uses that create objectionable noise, glare or odors.

   (l)   Encourage development of an urban “Main Street” with mixed land uses and shared parking.

(Res. 98-340A. Passed 9-21-98.)

In the Central Business District (CBD), no use shall be permitted, unless otherwise provided in this Zoning Code, except the following:

   (a)   All principal permitted uses and uses permitted after special approval in the Neighborhood Business District (NBD), excluding drive-through establishments and e-commerce establishments, subject to the conditions therein. (Res. 2022-146A. Passed 5-16-22, Eff. 6-1-22.)

   (b)   Apartments, provided that all public utilities are available and that all units shall have at least one (1) living room and one (1) bedroom, except that five percent (5%) of the units may be of an efficiency apartment type, and not more than twenty-five percent (25%) may be of one (1)-bedroom units, or fifty percent (50%) in a mixed-use building.

   Business and office uses may occupy a building used for residential uses, provided that no such business or office use may be located on the same floor as used for residential purposes, and no floor may be used for business or office use on a floor located above a floor used for residential purposes. Further, where there is mixed business/office and residential use in a building, there shall be provided a separate, private pedestrian entranceway for the residential use.

   (c)   Bus or railroad passenger stations.

   (d)   Business schools and colleges.

   (e)   Business establishments which perform services on the premises such as, but not limited to, banks, savings and loans and credit unions (not including drive-through branches); insurance offices, real estate offices and travel agencies; and pedestrian oriented automated teller machine facilities.

   (f)   Churches, temples, and similar places of worship.

   (g)   Clubs, fraternal organizations, and lodge halls.

   (h)   Dry cleaning establishments, or pick-up stations, dealing directly with the consumer. Central dry cleaning plants serving more than one (1) retail outlet shall be prohibited.

   (i)   Government buildings and uses.

   (j)   Medical offices, including offices of doctors, dentists and similar or allied professions, with up to ten-thousand (10,000) square feet of gross floor area.

   (k)   Hotels, motels, and bed and breakfast inns.

   (l)   Mixed-use buildings, with business, commercial, or service uses on the ground floor, and residential, office, or warehouse uses on upper floors, subject to the conditions of subsection (w) hereof.

   (m)   Newspaper offices and publishers, and commercial printers.

   (n)   Offices of an executive, administrative or professional nature, with up to ten-thousand (10,000) square feet of gross floor area.

   (o)   Off-street parking and loading facilities in accordance with Chapter 1290, Off-Street Parking and Loading.

   (p)   Outdoor cafés, outdoor eating areas, carry-out, and open front restaurants, subject to the site design standards of Section 1296.02, Site Design Standards for Uses Permitted After Special Approval.

   (q)   Outdoor theaters, plazas, parks, and public gathering places.

   (r)   Personal service shops, provided that each occupies a total usable floor area of not more than four-thousand (4,000) square feet, including, but not limited to, such uses as repair shops (watches, radio, television, shoe, etc.), tailor and dressmaking shops, beauty parlors and styling salons, barber shops, photographic studios, film processing outlets, copy centers, interior decorators, postal centers, and dry cleaning pickup stations.

   (s)   Public, quasi-public, and institutional uses, such as municipal offices, court houses, public off- street parking facilities, libraries, museums, public safety facilities, parks, civic centers, and fraternal organizations.

   (t)   Retail businesses which supply commodities on the premises, of under ten-thousand (10,000) square feet, such as, but not limited to, groceries, meats, fruits and produce, dairy products, baked goods, candies, and other specialty food products (such products can be produced on the premises as an accessory use, provided they are sold on the site at retail prices); and stores selling drugs, dry goods, flowers, clothing, notions, books and magazines, toys, sporting goods, shoes, tobacco products, musical instruments, recorded music, videos (rentals and sales), gifts and souvenirs, furniture, and hardware. Retail sales may be conducted outdoors on sidewalks, provided:

      (1)   At least five (5) feet of sidewalk width is unobstructed for pedestrian traffic.

      (2)   All equipment and merchandise is kept indoors during non-business hours.

   (u)   Retail sales in which both a workshop and retail outlet or showroom are required, such as plumbing, electrician, interior decorating, upholstering, printing, photographic-reproducing, radio, and home appliance and establishments of similar character, subject to the provision that not more than eighty percent (80%) of the total useable floor area of the establishment shall be used for servicing, repairing, or processing activities, and further provided that such retail outlet or showroom activities area shall be provided in that portion of the building where the customer entrance is located.

   (v)   Restaurants (excluding drive-in restaurants and those with drive-through facilities), taverns, brewpubs (as defined by the Michigan Liquor Control Commisison) and cocktail lounges, where the patrons are served while seated within the building occupied by such establishment.

   (w)   Residential dwellings, provided the following conditions are met:

      (1)   Single-family detached dwellings shall meet the requirements for the Single Family Residential District (SFRD). The minimum distance between buildings shall be ten (10) feet. Front building setbacks shall equal the average setback line of the block. Building setback to any side property line shall be thirty (30) feet, except where adjacent to single-family residential property. Driveways, parking and walls may be within the setback, as long as a ten (10)-foot greenbelt area is placed between the property line and any improvement.

      (2)   Multiple housing dwelling units and attached single-family units (i.e. cluster housing, duplexes and townhouses) shall meet the requirements of the Multiple Family Residential District (MFRD) and/or cluster housing option as modified herein.

   In a multiple-family development within the Central Business District (CBD), the total number of rooms (not including kitchen, dining and sanitary facilities) shall not have more than the area of the parcel in square feet, divided by a factor of one-thousand, two-hundred (1,200). If such multiple housing is within a mixed-use building, a factor of eight-hundred (800) shall apply, pursuant to the following: Business, commercial, office, and warehouse uses may occupy a building used for residential uses, provided that no such business or office use may be located on the same floor as used for residential purposes, and no floor may be used for a business, commercial, office, or warehouse use on a floor located above a floor used for residential purposes. Further, where there is mixed business/office and residential use in a building, there shall be provided a separate, private pedestrian entranceway for the residential use. Warehouse uses must be related to a business, commercial, or office use located elsewhere within the same building.

   (x)   Theaters, assembly halls, community centers, or similar places of assembly, when conducted completely within enclosed buildings.

   (y)   Veterinary clinics and animal grooming, provided all activities are conducted within an enclosed building, with up to ten-thousand (10,000) square feet of gross floor area.

(Res. 98-340A. Passed 9-21-98.)

In a Central Business District (CBD), the following uses may be permitted subject to the applicable site design standards of Section 1296.02, Site Design Standards for Uses Permitted After Special Approval, and subject, further, to the approval of Council after recommendation from the Planning Commission in accordance with the processing procedures in Section 1262.08, Powers of Council Re Special Approvals:

   (a)   Antique malls.

   (b)   Child care centers, nursery schools, day nurseries, and adult day care centers (not including dormitories or any type of overnight care). Reduced outdoor play space may be allowed by the Planning Commission upon a showing that alternative indoor space is available and that at least thirty-five (35) square feet of outdoor space per child is available either on-site or on nearby available open space or publicly dedicated park land, provided that safe pedestrian access is afforded across any intersecting road and that appropriate security is provided.

   (c)   Commercial parking lots and structures.

   (d)   Essential public services and buildings within an enclosed building in keeping with the character of the surrounding area and this zoning district.

   (e)   Indoor recreational centers, including mechanical amusement device arcades, pinball parlors and pool or billiard halls.

   (f)   Mortuaries and funeral homes.

   (g)   Open air business uses, unless otherwise permitted in Section 1280.02, Principal Permitted Uses.

   (h)   Self-service laundromats.

   (i)   Senior housing and housing for the elderly.

   (j)   Uses similar to the principal permitted uses provided in Section 1280.02, Principal Permitted Uses, after the Planning Commission has determined that such uses are in harmony with the character of the District and the purpose and intent of the Comprehensive Development Plan of the City.

   (k)   Antique malls.

   (l)   Body art facilities.

   (m)   E-commerce establishments with less than five thousand (5,000) square feet of gross floor area. (Res. 2022-146A. Passed 5-16-22. Eff. 6-1-22.)

(Res. 98-340A. Passed 9-21-98; Res. 2012-223A. Passed 7-16-12. Eff. 8-1-12; Res. 2018-99A. Passed 4-16-18. Eff. 5-2-18.)

For all uses in a Central Business District (CBD), a site plan shall be submitted for review and approval in accordance with Section 1296.01, Site Plan Review. Where a new or expanded use occurs in a Central Business District (CBD), after the effective date of this Zoning Code, which new or expanded use abuts directly upon a residentially zoned district, protective screening shall be provided in accordance with Section 1294.28, Screening.

(Res. 98-340A. Passed 9-21-98.)

Except as otherwise noted, buildings and uses in the Central Business District (CBD) shall comply with the following requirements:

   (a)   Building Entrances. All buildings shall have at least one public entrance that faces the street. Rear entrances are permitted only if there is a primary entrance from the main street.

   Doors measuring seven (7) and eight (8) feet high are strongly suggested. Doors measuring six (6) feet, eight (8) inches high shall have a glass transom with a minimum height of twelve (12) inches.

   (b)   Facade Design. All building facades that face a street shall conform with the requirements of Section 1296.04, Standards for Architecture and Building Materials, and with the following design criteria:

      (1)   Fenestration. All facades visible from the street must be glazed with transparent glass, with the following requirements:

         A.   First floor: minimum sixty percent (60%) of facade, seventy percent (70%) maximum.

         B.   Second floor: minimum thirty percent (30%) of facade, sixty percent (60%) maximum.

Glazing on first floor (retail space) to occur between two (2) feet, six (6) inches (minimum) and eight (8) feet (maximum) above sidewalk. First floor height shall be twelve (12) foot minimum. Blank, windowless walls are prohibited.

   Vertical window orientation shall have a ratio of one (1) wide to two (2) high minimum, and shall be consistent with adjacent buildings. Each shutter to be mounted on either side of a window shall be equal to one-half (½) of the width and one (1) times the height.

      (2)   Building materials. Buildings are to be constructed from permanent materials that will weather handsomely over time, such as brick, stone, masonry, or other natural materials. Buildings with multiple storefronts shall be unified through the use of architecturally compatible materials, colors, details, awnings, signage, and lighting fixtures.

      (3)   Exterior colors. Exterior colors shall be compatible with the colors on adjacent buildings, subject to review and approval by the Planning Commission. Proposed colors shall be specified on the site plan. Bright or fluorescent colors are prohibited. Samples of building materials and colors are required at the time of site plan review for review and approval of the Planning Commission. Site plan reviews may be tabled for lack of building samples.

   (c)   Side or Rear Facade Design. Wherever a side or rear facade is visible from a public street, or if parking is located at the side or rear of a building, the facade shall be designed to create a pleasing appearance, in accordance with the following design criteria:

      (1)   Materials and architectural features similar to those present on the front of the building shall be used on the side or rear facade. All visibly exposed sides of a building shall have an articulated base course and cornice. The base course shall align with either the kickplate or sill level of the first floor. The cornice shall terminate or cap the top of a building wall, and may project out horizontally from the vertical building wall plane and may be ornamented with moldings, brackets and other details. The middle section of a building may be horizontally divided at the floor, lintel, or sill level with belt or string courses.

      (2)   Waste receptacle and service areas shall be completely screened with a decorative masonry wall as approved by the Planning Commission.

      (3)   Open areas shall be landscaped with lawn, ground cover, ornamental shrubs and trees. On every site involving new development or redevelopment, foundation plantings adjacent to the building shall be provided. The species and design shall meet the requirements of Section 1296.03, Landscaping Standards, of this Zoning Code.

   (d)   Awnings. Awnings shall be permitted on buildings as follows:

      (1)   All awnings must be made from canvas fabric or similar water-proofed material, rather than metal, aluminum, plastic, or rigid fiberglass.

      (2)   All awnings shall be attached directly to the building, rather than supported by columns or poles.

      (3)   In buildings with multiple storefronts, compatible awnings should be used as a means of unifying the structure.

   (e)   Lighting. Exterior lighting must be placed and shielded so as to direct the light onto the site and away from adjoining properties. The lighting source shall not be directly visible from adjoining properties. Floodlights, wall pack units, other types of unshielded lights, and lights where the lens is visible outside of the light fixture, shall be prohibited, except where historic-style lighting is used that is compatible with existing historic-style lamps approved by the Planning Commission.

   Sidewalks and parking areas shall be properly lit to facilitate the safe movement of pedestrians and vehicles and provide a secure environment. In parking areas, the light intensity shall average a minimum of one (1)-foot candle, measured five (5) feet above the surface. In pedestrian areas, the light intensity shall average a minimum of two (2)-foot candles, measured five (5) feet above the surface.

   (f)   Parking. Parking and parking lot design shall comply with the standards set forth below, in addition to the provisions of Chapter 1290, Off-Street Parking and Loading, and Section 1296.03, Landscaping Standards, of this Zoning Code.

      (1)   No new parking lot shall be created, nor shall any existing parking lot be expanded in front of a building, unless the Planning Commission determines that parking in front of the building would be acceptable for either of the following reasons:

         A.   Front yard parking is required to maintain the continuity of building setbacks in the block while making efficient use of the site; or

         B.   Front yard parking is required for the purposes of traffic safety and to minimize driveway curb cuts where the new parking lot is proposed to connect with one (1) or more parking lots on adjoining parcels.

   If the Planning Commission determines that a new parking lot must be created or an existing parking lot must be expanded, the parking lot shall be located to the rear of the building (unless the conditions set forth in paragraphs (f)(1)A. and B. hereof are satisfied), on the interior of the lots, accessed by means of common driveways, preferably from side streets or lanes. Such parking lots shall be small in scale where possible, and interconnected with commercial parking lots on adjacent properties. Cross-access easements for adjacent lots with interconnected parking lots shall be required, in language acceptable to the City Attorney. Common, shared parking facilities are encouraged, wherever possible.

      (2)   Parking located in front or on the side of a building shall be screened from the road with one (1) of the following: a thirty-six (36) inch decorative masonry or stone wall; a forty-eight (48) inch ornamental fence; or a thirty-six (36) inch evergreen hedge in accordance with Section 1296.03, Landscaping Standards.

      (3)   In order to maximize the amount of land area left for landscaping and open space, paving shall be confined to the minimum area necessary to comply with the parking requirements of Chapter 1290, Off-Street Parking and Loading, of this Zoning Code.

      (4)   Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided, where necessary and appropriate, and shall be distinguished by textured paving and shall be integrated into the pedestrian network system. Pavement textures shall be required on pedestrian access ways, and strongly encouraged elsewhere in the parking lot, as surfacing materials, or when used as accents.

   (g)   Landscaping. Landscaping shall comply with the provisions of Section 1296.03, Landscaping Standards, of this Zoning Code, in addition to the standards below:

      (1)   On every site involving new development or redevelopment, street trees with a minimum caliper of two and one-half (2 ½) inches shall be provided at twenty-five (25) foot intervals. Any of the following street trees with a minimum caliper of two and one- half (2 ½) inches shall be planted within the road right-of-way at twenty-five (25) foot intervals: Norway Maple, Red Maple, Green Ash, Bradford Pear, or Little Leaf Linden, subject to review and approval by the Planning Commission.

      (2)   On every site involving new development or redevelopment, a landscape plan shall be submitted for review and approval. The landscape design shall complement the character of the downtown.

      (3)   Lots for apartment and non-residential uses shall balance the functional requirements of parking with the provision of pedestrian amenities. Transition areas between parking and civic, commercial or residential uses shall be designed with textured paving, landscaping and street furniture.

   (h)   Building Setback. Buildings shall be built at lot lines with no setbacks, or the average setback of other buildings on the block, as determined by the Planning Commission.

   (i)   Building Height. The minimum height of all buildings shall be two (2) stories and twenty-eight (28) feet. Both stories shall contain habitable commercial, office, or residential space.

   (j)   Building Mass. Buildings located at gateways entering the Central Business District shall mark the transition into and out of the downtown in a distinct fashion, using massing, additional height, contrasting materials and architectural embellishments to obtain this effect. Buildings on corner lots shall be considered more significant structures, since they have at least two (2) front facades visibly exposed to the street. The Planning Commission may require additional height and architectural embellishments, such as corner towers, relating to their location.

   (k)   Service Access. A service alley or designated loading space shall be reserved at the rear of the building.

   (l)   Sidewalk Displays. Sidewalk displays shall be permitted directly in front of an establishment, provided at least five (5) feet of clearance is maintained along pedestrian circulation routes.

      (1)   Display cases shall be located against the building wall and shall not be more than two (2) feet deep. The display area shall not exceed fifty percent (50%) of the length of the store front.

      (2)   Display cases shall be permitted only during normal business hours, and shall be removed at the end of the business day. Cardboard boxes shall not be used for sidewalk displays.

      (3)   Sidewalk displays shall maintain a clean, litter-free and well-kept appearance at all times and shall be compatible with the colors and character of the storefront from which the business operates.

   Fire escapes shall not be permitted on a building’s front facade. In buildings requiring a second means of egress pursuant to the local building codes, internal stairs or other routes of egress shall be used.

   Solid metal security gates or solid roll-down metal windows shall be prohibited. Link or grill type security devices shall be permitted only if installed from inside, within the window or door frames, or, if installed on the outside, if the coil box is recessed and concealed behind the building wall. Security grills shall be recessed and concealed during normal business hours. Models which provide a sense of transparency, in light colors, are encouraged. Other types of security devices fastened to the exterior walls are prohibited.

(Res. 98-340A. Passed 9-21-98; Res. 10-65A. Passed 4-19-10. Eff. 5-5-10.)

   For a Central Business District (CBD), area, height, bulk and placement requirements and performance standards, unless otherwise specified, are as provided in Sections 1294.31, Performance Standards, and 1294.34, Schedule of Area Regulations.

(Res. 98-340A. Passed 9-21-98.)