The purpose of this district is to provide for the development of a range of commercial activities providing goods and services required by the total community. It is intended that these districts be located on major paved thoroughfares, accessible to as many portions of the community as possible, and on sites of sufficient size to allow for adequate off-street parking and loading facilities and community control of vehicular access to frontage roads. Because of their size and intensity of use, public sanitary sewer and water facilities should be available in such district. The following regulations shall apply to General Commercial Districts:

No structure, or part thereof, shall be erected, altered or used, and no land shall be used except for one (1) or more of the following purposes:

A.

Any use as a matter of right in the C-1 District and as indicated in Section 10.1502.

B.

Business and commercial activities, conducted within an enclosed building only, of a general character of large service activity and normally depending for support on more than a small neighborhood area including the following:

1.

Art, antique, book, curio, gift or novelty shop.

2.

Auction or secondhand store.

3.

Blueprinting or photostating.

4.

Broadcasting or recording studio, radio or television.

5.

Cafe, restaurant or tea room not serving alcoholic beverages.

6.

Casket sales.

7.

Catering establishment.

8.

Clothing store.

9.

Convenience store.

10.

Dairy products, retail sales.

11.

Standard restaurant, carry-out restaurant, or fast-food restaurant subject to no drive-through service being provided as part of the restaurant.

12.

Dental laboratory.

13.

Department store and/or variety store.

14.

Dress shop.

15.

Drygoods store.

16.

Floor covering and wallpaper store.

17.

Furniture and/or appliance store.

18.

Interior decorating store.

19.

Intoxicating liquor, package sales.

20.

Local store selling, at retail, fish, fruit, food, hardware, meats (no butchering) and vegetables and beer and wines under SDM license and gasoline from not more than two (2) gasoline pumps.

21.

Millinery store.

22.

Reserved.

23.

Pawn shop.

24.

Pet shop, bird store or taxidermist.

25.

Photographer.

26.

Service station with convenience store.

a.

For proposed uses of the convenience store, such as a snack counter or carry-out food items that require a period of waiting, then parking facilities be provided as required by the ordinance.

b.

For those uses of the convenience store that are used as a snack counter or for carry-out food items an additional entrance must be provided. The purpose of this requirement is to provide easy access to a separate parking facility, that will not conflict with the patrons of the gasoline service portion of the store.

c.

That for those uses of the convenience store that are used as a snack counter or for carry-out food items a separate parking facility must be provided on the side or rear of the building and in a fashion that will not conflict with the traffic generated by the patrons of the gasoline service portion of the site.

d.

That no outside loud speaker system(s) amplifying voices or announcements or advertising products for sale shall be allowed.

e.

That no outside storage or display of merchandise for sale shall be allowed.

27.

Supermarket.

28.

Weaving, custom.

29.

Retail businesses which maintain for operation on the premises, amusement machines but not an amusement machine center.

30.

Retail sales and display of fireworks as a permitted use subject to the following conditions:

a.

Consumer fireworks retail sales facility from a permanent building shall be permitted provided a certificate of zoning compliance and certificate of occupancy are issued in accordance with Macomb Township rules.

b.

Consumer fireworks retail sales (CFRS) from temporary facilities such as tents, stands, canopies and membrane structures may be permitted provided that:

1)

The Zoning Administrator issues a certificate of zoning compliance.

2)

The peddlers, solicitors and vendors regulations located in the Township Code of Ordinances have been satisfied.

3)

The temporary facility shall obtain a certificate of occupancy from the Zoning Administrator.

(Ord. No. 10-20, § 1, 4-23-03; Ord. No. 10-38, § 1, 3-26-08; Ord. No. 10-47, § 1, 6-13-12)

Buildings and structures and parts thereof may be erected, altered or used and land may be used for one or more of the following purposes subject to the approval of the Macomb Township Planning Commission and subject to the Special Land Use permit procedures at Section 10.2401 of this Ordinance.

A.

Any use of the same general character as those indicated in Section 10.1503; provided that no trade or business which is determined by the Planning Commission to be harmful to the health, safety and welfare of the Township shall be permitted.

B.

Business and commercial activities similar to and including the following:

1.

Auditorium.

2.

Ballroom.

3.

Bowling alley or billiard or pool hall.

4.

Cafe or restaurant serving alcoholic beverages.

5.

Car wash, self service.

6.

Carnival or circus or amusement enterprise of a similar type; provided the nearest point of such location is not less than two hundred fifty (250) feet from a public road nor less than five hundred (500) feet from any lot of record upon which a dwelling is located.

7.

Cleaning establishment using not over ten (10) cleaning units neither of which shall be rated more than one thousand (1,000) pounds capacity and using cleaning fluid or none-explosive and non-flammable nature at temperatures below 138.2 degrees Fahrenheit, and which meets requirements for Class IV Cleaning Establishments as stated in National Fire Code.

8.

Club or lodge (non-profit fraternal or religious association).

9.

Community auction sales area.

10.

Dance hall.

11.

Dancing school with more than one (1) instructor.

12.

Drive-in business of retail or service nature.

13.

Indoor theater.

14.

Fairgrounds.

15.

Golf driving range and commercial activities incidental thereto.

16.

Health/recreation facility.

17.

Ice skating or roller skating rink.

18.

Ice storage of not over five (5) ton capacity.

19.

Medical or dental clinic or laboratory.

20.

Monument sales.

21.

Express office.

22.

Parking, public, for which a charge is made.

23.

Rescue mission or revival church.

24.

Stadium, baseball, football or any other type.

25.

Bar and/or cocktail lounge.

26.

Sales or rental of equipment and machinery; automotive parts; supplies and mechanical repair; bicycles; business machines; feed; fuel; hardware; ice; residential machinery and tools, gross weight not to exceed one thousand (1,000) pounds; office equipment; plumbing and heating; and radio and television.

27.

Bakery where baking is done on the premises but not to include wholesale distributions.

28.

Outdoor sales in conjunction with a permanent building where the use is permitted and/or approved under Section 10.1602 or 10.1603 of this Article. Further, the area designated for outdoor sales and or display of product shall be limited to the area designated on the plan approved by the Planning Commission.

29.

Shopping centers subject to the conditions of Section 10.1706.

30.

Hotels and motels. Every unit shall be a minimum of two hundred fifty (250) square feet and shall consist of a room, bathroom and closet.

31.

Bed and breakfast inn; lodging home; tourist homes.

32.

Automobile service centers, when developed as part of a large planned shopping center, designed so as to integrate the automobile service center within the site plan and architecture of the total shopping center, subject to the following conditions:

a.

All repair activities shall be confined to the building.

b.

No outdoor storage is permitted.

c.

An adequate means of waste disposal shall be provided.

4.

Adequate measure shall be taken to ensure that any noise, dust, smoke, odor, fumes or other negative environmental impacts are confined to the site.

33.

Any drive-in restaurant or restaurant with drive-through service, subject to the following conditions:

a.

Drive-in or drive through service shall be permitted only if any drive-through service window or call box is located more than three hundred (300) feet of any property zoned AG, R-1-S, R-1-E, R-1, R-2-L, R-2-H, R-3, or separated from the zoning districts referenced in this paragraph by a street or public thoroughfare of not less than one hundred twenty (120) feet of right-of-way.

b.

Devices and control adequate to ensure that no smoke, odor or gases are emitted so as to constitute a nuisance to adjoining tenants or to the public shall be provided. The Planning Commission shall attach any conditions pertaining to the control of smoke, odor or gases as part of its approval of the fast-food use.

c.

Devices for electronically amplified voices or music shall be directed or muffled to prevent any such noises from being audible at any lot line. The Planning Commission shall attach any conditions pertaining to the control of amplified voices or music as part of its approval of the fast-food use.

34.

Car wash, Accessory use to automotive service station, limited to one (1) stationary automatic drive-thru car wash.

35.

Veterinary clinics or offices (outdoor facilities prohibited).

36.

Open air business uses provided that the following minimum standards are complied with:

a.

Any parcel to be developed under this Section of the Ordinance shall provide a fifty (50) foot setback area separating open air sales or display area(s) or the parking of private passenger vehicles from any property zoned R-1-S, R-1, R-1-E, R-2-L, R-2, R-2-H, R-3, CF, O-1, O-2, C-1, C-2, C-3, MTC, or AG. Further, the fifty (50) foot setback area must be developed as a greenbelt approved by the Planning Commission. Active growing beds may be utilized for the setback area if approved by the Planning Commission.

b.

The open storage of mulch, manure, woodchips, loose stone or other similar materials, paving block, lumber or fire wood, may be located no closer than one hundred-fifty (150) feet from any property line zoned R-1-S, R-1, R-1-E, R-2-L, R-2, R-2-H, R-3, CF, O-1, O-2, C-1, C-2, C-3, MTC, or AG.

c.

No sales or display of product may be permitted except within the area(s) designated on the site plan as approved by the Planning Commission.

37.

Leasing of customer driven vehicles subject to the following conditions:

a.

There shall be no more vehicles available for lease on the subject parcel at any time than the total determined based on one (1) of the following calculations up to the maximum number of twenty-one (21) vehicles.

1)

If the proposed use is located within either a shopping center or a parcel with more than one (1) commercial use; the total square footage of building area for the proposed use is divided by one hundred fifty (150) less five (5) spaces for employee and customer parking.

2)

If the proposed use is located in either a shopping center or a parcel with more than one (1) commercial use up to twenty-one (21) vehicles may be stored for lease if the subject parcel has available a number of spaces that exceeds the minimum required pursuant to Section 10.0323 of the zoning ordinance. The applicant must submit a site plan in accordance with Section 10.2402 of the zoning ordinance in order for the planning commission to evaluate the impact of the additional lease spaces upon the subject parcel. The site plan at a minimum must demonstrate that there are sufficient spaces for all other uses existing in the center in accordance with Section 10.0323 and the number of spaces to be allocated based on paragraph (1) above.

3)

If the proposed use is located as a stand-alone use on a parcel up to twenty-one (21) vehicles may be stored for lease provided that the site plan submitted by the applicant is in accordance with Section 10.2402 and further; meets all the zoning ordinance requirements for the applicable zoning district and Section 10.0323 for parking and loading spaces including five (5) spaces for employee and customer parking for the leasing use.

b.

Vehicles available for lease shall be limited to automobiles, vans, mini-vans, sports utility vehicles (SUVs) and pick-up trucks rated not to exceed four thousand (4,000) lb payload. There shall be no leasing of trailers, box-trucks, parcel vans, cargo vans, tow-dollies, flat beds, tractors, limousines, extended vehicles, farm vehicles or chauffer driven vehicles.

c.

Vehicle maintenance on-site shall be conducted exclusively within the building and limited to hand washing, waxing, interior cleaning; windshield wiper change and wiper fluid refill. Any of the services listed under "Automobile repair garage" or "Automobile service center" as found in the Definitions Article of this Ordinance are prohibited. The vehicular door to access the service area must remain closed at all times.

d.

The subject parcel for the proposed use must have available a minimum of five (5) parking spaces for customer and employee parking as referenced in subparagraph 37-a. above.

e.

The location(s) of the spaces for the parking of the leased vehicles must be noted on the site plan to be approved by the planning commission. All spaces and maneuvering lanes must be designed to meet the minimum standards as specified in Section 10.0323 of the zoning ordinance.

f.

All signs proposed for either the location of vehicles on-site or the availability of leased vehicles shall conform to the Township Sign Ordinance; Section 20 of the Code of Ordinances.

(Ord. No. 10-20, § 1, 4-23-03; Ord. No. 10-38, § 1, 3-26-08; Ord. No. 10-44, § 1, 10-27-10)

All proposed structures, or uses or land or structures shall be subject to the Site Plan Review provisions of Section 10.2402.

A.

Minimum size of each parcel:

1.

Area: Forty thousand (40,000) square feet.

2.

Width: Two hundred (200) feet.

3.

Depth: Two hundred (200) feet.

4.

Ratio: Depth not to exceed three (3) times the width.

5.

The area, width and depth of parcels as noted above shall be determined excluding the proposed right-of-way of any abutting streets as noted in the Master Thoroughfare Plan for Macomb Township. Parcels in existence at the time of the adoption of this Ordinance, which do not meet the standards of this section, shall be allowed, but be subject to all other conditions for development.

B.

Maximum height of any structure:

1.

In stories: Two (2).

2.

In feet: Twenty-five (25) feet.

C.

Minimum building floor area: Seven hundred (700) square feet.

D.

Minimum yard setback:

1.

Front and street - side setbacks shall be provided in accordance with Section 10.0311.

Front and street - side setbacks, for both buildings and parking areas shall be maintained in accordance with the following dimensions as measured from the center line of the street upon which the property is located. For reference, the street or road definitions are those defined in the Macomb Township Master Thoroughfare Plan.

In the case of the M-59 (Hall Road) and Gratiot Avenue, setback shall be fifteen (15) feet except for permanent structures which shall be seventy (70) feet as measured from the right-of-way line as established by the Michigan Department of Transportation.

2.

Side yard:

A.

Abutting agricultural and residential zones or uses: Fifty (50) feet.

B.

Abutting all other zones or uses: Twenty-five (25) feet.

3.

Rear yard: Seventy five (75) feet.

E.

Maximum lot coverage: Maximum lot area shall be governed by meeting the required setbacks plus the necessary structure areas, including areas for parking, servicing and driveways; provided, however, no area shall be used for a parking area where the use of such area results in headlight glare into any adjacent residential district, which cannot be corrected by adequate planting, or fencing.

F.

Distance between buildings: Twenty-five (25) feet.

G.

Screening requirements: Any parcel to be developed with a structure(s) for a permitted use or special land use pursuant to Section 10.1602 or Section 10.1603 of this Ordinance shall provide a six (6) foot high decorative masonry wall and a forty (40) foot setback area separating any structure or the parking of private passenger vehicles or any access drive, service drive, loading area or maneuvering lane from any parcel zoned AG, R-1-S, R-1, R-1-E, R-2-L, R-2, R-2-H, R-3, CF, or MTC or any residential use. Further, the forty (40) foot setback area must be developed as a greenbelt approved by the Planning Commission. If a common area

developed pursuant to Section 17-140 of the Township Land Division Regulations exists abutting the required screening referenced above the required screening setback may be reduced to twenty (20) feet. The six-foot high decorative masonry wall shall be required regardless of the existence of an adjoining developed common area.

H.

Off-street parking requirements: As per Section 10.0323 of this Ordinance.

I.

Reserved.

J.

Lighting requirements: All exterior lighting shall be so directed and shielded so as not to shine on abutting properties as per Section 10.0340.

K.

Structure and site requirements:

1.

Loading and unloading areas as required by Section 10.0323B shall be provided. No part of this area shall be closer than fifty (50) feet to any property line adjacent to a residential or agricultural use or zone.

2.

No building shall be closer than fifty (50) feet to the property line of a residential use or zone.

3.

Roof mounted appliances and fixtures shall be effectively screened on all sides by the roof line so as not to be visible from off the site.

4.

Areas of the site not used for parking, driveways and buildings shall be provided with a lawn or landscaping approved by the Planning Commission.

5.

Trash areas: Location of trash area for each business shall be identified or an acceptable plan for handling trash shall be approved by the Planning Commission.

a.

Outside trash areas shall be a minimum of 10' x 10' and enclosed on three (3) sides with a six-foot high masonry wall with a gate and located no closer than fifteen (15) feet to any building.

b.

Indoor trash areas shall be approved by the Fire Department.

6.

Outdoor storage and display of merchandise is prohibited. Minor day to day, in and out display may be permitted when kept behind all established yard setback lines.

7.

Sidewalks shall be provided as per Section 10.0404L.

8.

Roof screening shall be provided as per Section 10.1006N.

(Ord. No. 10-18, § 1, 4-28-04; Ord. No. 10-25, § 1, 4-28-04; Ord. No. 10-40, § 1, 7-22-09)