A.

TWO-FAMILY DWELLINGS.

1.

The proposed use shall be located on the corner lot of a local street; or the site shall front a road designated as a Local Collector or any roadway designation of a more intense use as specified in the City of Mount Clemens Master Plan.

B.

MOBILE HOME PARKS

1.

As defined and subject to the requirements as established and regulated by Act 419 of the Public Acts of 1976, as amended, and all applicable codes and ordinances of Mount Clemens.

(ord. eff. April 24, 2021)

A.

CONVALESCENT, NURSING HOMES OR HOSPICES.

1.

All such facilities shall have ingress and egress from a site directly onto an arterial or collector street.

2.

There shall be provided at least eight hundred (800) square feet of lot area per bed.

B.

GROUP DAY-CARE HOME (7—12 CHILDREN).

1.

The proposed use shall not be located closer than one thousand five hundred (1,500') feet to any of the following facilities, as measured along a street, road or other thoroughfare, excluding an alley:

a.

Another licensed group day-care home.

b.

Another adult foster care small group home or large group home, licensed by the State of Michigan.

c.

A facility offering substance abuse treatment and rehabilitation service to seven (7) or more people, whether or not it is licensed by the State of Michigan.

d.

A community correction center, resident home, halfway house, or other similar facility which houses an inmate population, under the jurisdiction of the Department of Corrections or a similar governmental authority.

2.

Fencing shall be required next to residential uses or districts in accordance with Section 4.10. All outdoor play areas shall be enclosed.

3.

The requested site and building shall be consistent with the visible characteristics of the neighborhood. The group day-care home shall not require the modification of the exterior of the dwelling nor the location of any equipment in the front yard.

4.

The proposed use, if approved, may have one (1) non-illuminated sign that complies with the Mount Clemens Sign Ordinance and shall display only the name and address of the family day-care home.

5.

Operating hours shall be limited from 7:00 a.m. to 11:00 p.m. daily.

6.

The proposed use, if approved, shall be inspected for compliance with these standards prior to occupancy and at least once each year thereafter within ten (10) days of the anniversary of the Certificate of Occupancy.

C.

CHILD CARE CENTERS, PRESCHOOLS, COMMERCIAL DAY CARE

1.

There shall be a minimum of fifty (50) square feet of indoor or outdoor play area per child and provided that such total area shall not be less than two thousand (2,000) square feet.

2.

The use shall abut and have direct access to an arterial or collector roadway.

3.

The outdoor play area shall not be located in the required front yard and shall not abut a public road right-of-way. Outdoor play areas shall be fenced and located away from heavily traveled roads or other uses that could pose a safety hazard. As determined by the Planning Commission, the outdoor play area shall be enclosed by a minimum three (3) foot tall ornamental or black vinyl-coated chain link fence, and where the site abuts an adjoining single-family residential lot a six (6) foot tall privacy fence shall be provided.

4.

An on-site drive shall be provided for drop-offs/loading. This drive shall be arranged to allow one way flows for drop off lanes.

5.

Buildings and parking lots shall be setback a distance sufficient to meet the screening requirements of Section 9.2.

6.

Landscaping and screening meeting the requirements of Section 9.2 for commercial uses shall be provided.

7.

Where the outdoor play area adjoins an industrial use, adequate buffering shall be provided to ensure that the outdoor play area is safe for children in terms of air quality, noise, traffic, explosive/flammable/hazardous materials or other industrial hazards.

8.

A copy of the State license shall be submitted to the Building Department prior to operation of the day care.

(ord. eff. April 24, 2021)

A.

ADULT ENTERTAINMENT AND BUSINESS USES.

1.

In the development and execution of this Ordinance, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. In addition to the review standards contained in this Article, additional special regulations are itemized in this Section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area (i.e., not more than two (2) such uses within one thousand (1,000') feet of each other) which would create such adverse effects.

2.

The Planning Commission may waive the locational requirement established in subsection A. herein for adult entertainment and business establishments if the following findings are made:

a.

That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Ordinance will be observed.

b.

That the proposed use will not enlarge or encourage the development of a "skid row" area.

c.

That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation.

d.

That all applicable regulations of this Ordinance will be observed.

3.

For establishments for the sale of beer or intoxicating liquor for consumption on the premises, the City Commission may waive the locational requirements if the findings required in subsection B. can be made and after receiving a report and recommendation from the Planning Commission.

a.

It shall be unlawful to hereafter establish any adult book store, adult motion picture theater, adult novelty store, or class "D" cabaret within five hundred (500) feet of any building containing a residential dwelling or rooming unit. This prohibition may be waived if the person applying for the waiver shall file with the City Planning Commission a petition which indicates approval of the proposed regulated use by fifty-one (51) percent of the persons owning, residing or doing business within a radius of five hundred (500') feet of the location of the proposed use. The petitioner shall attempt to contact all eligible locations within this radius and must maintain a list of all addresses where no contact was made.

b.

The City Clerk shall adopt rules and regulations governing the procedure for securing the petition of consent provided for in this Section of the Ordinance. The rules shall provide that the circulation of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the City Clerk and that the circulation personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon.

c.

The City Planning Commission shall not consider the waiver of locational requirements set forth in subsections A., B. and C. until the above-described petition shall have been filed and verified.

B.

BED AND BREAKFASTS.

1.

The room utilized for lodging purposes shall be part of the primary residential use and shall not have been specifically constructed for rental purposes.

2.

There shall be no separate cooking facilities used for the Bed and Breakfast rooms.

3.

The residence shall be occupied at all times by the owner or a staff member.

4.

Adequate lavatory, bathing facilities and kitchen facilities for the lodging room shall be provided, as per the requirements of the Macomb County Health Department.

5.

The stay for an individual guest shall be no more than 14 consecutive days and not more than 30 days in a calendar year.

6.

The structure shall maintain an exterior appearance that is in character with surrounding residential uses.

C.

DRIVE-THROUGH FACILITIES.

1.

The site and use shall be located on an arterial or collector street having a right-of-way equal to, or greater than, one hundred and twenty (120') feet.

2.

Any freestanding drive-through restaurant located in a shopping center shall be aesthetically compatible in design and appearance with the other buildings and uses located in the shopping center. In making this determination, the Planning Commission shall consider the architectural design of the building, the signage and the landscaping to ensure that the design and appearance of the developed site is compatible with the design and appearance of the remainder of the shopping center.

3.

Drive-through service shall be permitted only if the development is located in a freestanding building and a satisfactory traffic pattern for the drive-through lane can be established to prevent traffic congestion and the impairment of vehicular circulation for the remainder of the development. Vehicle stacking lanes shall not cross any maneuvering lanes, drives or sidewalks.

4.

In no instance shall multiple drive-throughs be permitted unless all drive-throughs on the site are controlled and operated by a single tenant. Multiple businesses, each having a distinct advertising identity, which are owned by the same parent company, shall not be considered a single tenant.

5.

Devices for electronically amplified voices or music shall be directed or muffled to prevent any such noises from being audible at any lot line.

D.

FUNERAL HOMES AND MORTUARIES, NOT INCLUDING CREMATORIUMS.

1.

Sufficient off-street automobile parking and assembly area is provided for vehicles to be used in a funeral procession. The assembly area shall be provided in addition to any required off-street parking area. A circulation plan identifying the arrangement of the vehicular assembly area shall be provided as part of the required site plan.

2.

The site shall be located so as to have one property line abutting an arterial or collector street of at least one hundred twenty (120) feet of right-of-way, existing or proposed.

3.

No building shall be located closer than thirty (30) feet to the outer perimeter (property line) of the district when said property line abuts any single-family residential district.

4.

Loading and unloading area used by ambulances, hearses or other such service vehicles shall be obscured from all residential view by a wall six (6) feet in height.

E.

GENERAL HOSPITALS.

1.

All such hospitals shall be developed only on sites consisting of at least five (5) acres in area and providing a minimum of one thousand five hundred (1,500) square feet of lot area per bed.

2.

All ingress and egress from the site shall be directly onto an arterial or collector street having an existing or planned right-of-way width of at least one hundred twenty (120') feet.

3.

Ambulance delivery and service areas, when visible from adjacent land zoned for residential purposes, shall be obscured from view by a wall at least six (6) feet in height.

4.

No hospital shall be permitted unless its size is at least fifty (50) in-patient beds.

F.

KENNELS.

1.

The site shall abut an arterial or collector street.

2.

There shall be provided an area of at least one hundred (100) square feet for each animal, including the area devoted to interior kennel space and runs.

3.

All interior building areas used for the keeping of animals shall be soundproofed.

4.

All animals shall be kept in soundproofed buildings between 8:00 p.m. and 8:00 a.m.

5.

Exterior dog runs and non-soundproofed interior buildings shall not be located closer than two hundred (200) feet to any lot line.

6.

Soundproofed interior buildings shall be located at least one hundred (100) feet from any property line.

7.

Exterior areas for the keeping of dogs shall be provided with fencing capable of confining the animals.

8.

All exterior dog runs shall be screened from view by adjoining parcels and the public road.

9.

The design and appearance of buildings used as animal boarding places shall be consistent with surrounding uses.

10.

One (1) parking space shall be provided for every five (5) kennel runs.

11.

All kennel runs and interior building areas shall have concrete floors or a suitable equivalent that can be easily cleaned.

G.

NURSERIES AND GREENHOUSES.

1.

All such uses shall be located on a major or secondary road as designated in the City of Mount Clemens Master Plan.

2.

Items accessory and incidental to nursery operations shall be permitted for retail sale, such as; shovels, hoes, rakes and planting pots. Craft items shall not be considered accessory and incidental to a nursery or greenhouse.

H.

OUTDOOR RETAIL SALES

1.

All outdoor areas designated for retail sales shall be enclosed by a decorative fence or masonry wall as defined in Section 8.6.3. The Planning Commission shall approve the height of said wall or fencing.

2.

A greenbelt with a minimum width of seven (7') feet shall be provided around such fencing in all areas where no entrance/exit gate is located. The greenbelt shall be landscaped to meet the requirements of Section 9.2.E.1.

(ord. eff. April 24, 2021)

A.

AUTOMOBILE ENGINE AND BODY REPAIR (MAJOR).

1.

All repair activities shall be confined to the interior of the building.

2.

No outdoor storage shall be permitted.

3.

An adequate means of waste disposal shall be provided.

4.

The use shall not abut a residential district.

B.

AUTOMOBILE MAINTENANCE AND REPAIR (MINOR).

1.

All repair activities shall be confined to the interior of the building.

2.

No outdoor storage shall be permitted.

C.

BOAT SERVICE FACILITIES.

1.

All repair activities shall be confined to the interior of the building.

2.

Any temporary outdoor storage shall be screened per Section 8.6.

D.

BOAT STORAGE (INDOOR AND OUTDOOR)

1.

Commercial outdoor storage of boats shall require screening at a height equal or greater than what is being stored, per Section 8.6.

2.

Commercial outdoor storage of boats shall require an office building with a minimum floor area of 600 square feet.

E.

CAR WASHES.

1.

Vehicular ingress and egress from the site shall be directly onto an arterial street, except that it may be permissible to allow vehicles to exit from the facility onto a public alley.

2.

All vehicles waiting or standing to enter the facility shall be provided off-street waiting space, and no vehicle shall be permitted to wait on the public right-of-way as part of the traffic approach.

3.

An on-site, fifty (50') foot long drying lane shall be required at the exit point of the car washing facility.

4.

A twenty-five (25') foot greenbelt in accordance with Section 9.2 shall be provided between all property lines abutting a residential use.

F.

GASOLINE SERVICE STATIONS.

1.

The site shall be located at the intersection of two public roads with at least one of the roads having a proposed right-of-way of one hundred twenty (120') feet.

2.

Not more than fifty (50) percent of all lots located at the intersection of two roads shall be occupied by a gasoline service station.

3.

The site for the gasoline service station shall have one hundred twenty (120') feet of frontage on the principal street serving the station.

4.

The site shall contain an area of not less than one half (1/2) of an acre.

5.

Gasoline service station buildings may encroach 10 feet into the front yard setbacks. The preferred orientation is to locate buildings between the right-of-way and the pumps.

6.

In order to facilitate pedestrian circulation and safety, no parking or standing of customer vehicles shall be permitted in the area immediately adjacent to any customer entrance or payment window.

7.

The design and materials of the canopy shall be compatible with the main building. The proposed clearance of any canopy shall be noted on the site plan. Any signs, logo or identifying paint scheme on the canopy shall be reviewed by the Planning Commission and considered part of the maximum wall sign permitted. Details on the canopy lighting shall be provided to ensure there is no glare on the public streets or adjacent property, and that lighting levels are in accordance with Section 9.6. Canopy lighting shall be recessed such that the light source cannot be seen from off site.

8.

Only one (1) driveway from any abutting street shall be allowed unless the Planning Commission determines that additional drives would improve traffic conditions on site and any abutting Streets, as determined by Section 10.7 Access Management. A raised, concrete curb six (6) inches in height shall be erected by the applicant along all adjoining streets, except at driveway entrances.

9.

A vehicle service station with a vehicle wash on the site may have one (1) additional curb cut. The additional curb cut shall be restricted to an exit only to serve the automobile wash and shall not be located closer than fifty (50) feet from any intersecting street right-of-way line, adjacent Residential District or use property, or other curb cut serving the facility.

10.

There shall be no outdoor storage or display of vehicle components, parts, supplies, equipment, or merchandise except within an area defined on the site plan approved by the Planning Commission and which extends no more than ten (10) feet beyond the building.

11.

Vehicle service centers/fueling stations that offer vehicle maintenance and minor repair shall also be subject to the requirements of Section 7.4.B. Vehicle service centers/fueling stations that include restaurants or other uses shall also be subject to the requirements of those other uses.

G.

OUTDOOR VEHICLE SALES OR LEASING.

1.

The lot or area shall be provided and maintained with a permanent, durable and dustless surface constructed of either asphalt or concrete and shall be so graded and drained as to dispose within the site of all surface water accumulated within the area.

2.

The location of the site shall be upon a street with a right-of-way of at least one hundred twenty (120') feet (existing or proposed) and shall contain no fewer than forty thousand (40,000) square feet.

3.

Such use shall be located no closer than five hundred (500') feet from any single-family zoning district.

4.

Ingress and egress points shall be located at least sixty (60') feet from the intersection of any two (2) streets.

5.

No vehicle repair, bumping, painting or refinishing shall be done on the site. Cleaning and refurbishing of vehicles or units shall be permitted if done completely within an enclosed building.

6.

Devices for the transmission or broadcasting of voices and/or music shall be prohibited.

7.

The applicant shall be required to meet all parking standards set forth in Article 10 unless one of the following standards has been met:

a.

A three (3') foot high decorative masonry wall has been provided around all outdoor vehicle sales areas. In addition, landscaping in accordance with Section 9.2.E.1 shall be located around the exterior of such wall.

H.

TRUCK TERMINALS.

1.

All such uses shall be located on a parcel of land which is surrounded by abutting land zoned I-2 Heavy Industrial.

2.

All sides of the development not abutting an arterial street shall be provided with a twenty (20') foot wide greenbelt planting and fence or wall so as to obscure from view all activities within the development.

3.

No building or part thereof shall be erected closer than one hundred (100) feet from any property line.

(ord. eff. April 24, 2021)

A.

BREWERIES AND DISTILLERIES.

1.

A minimum of 20% GFA shall be retail sales when located in a commercial or mixed-use district.

B.

PRODUCTION OF CONSUMER GOODS.

1.

A minimum of 20% GFA shall be retail sales when located in a commercial or mixed-use district.

(ord. eff. April 24, 2021)

A.

CEMETERIES.

1.

A greenbelt and decorative fence or wall (as specified in Section 9.2 of this Zoning Ordinance) shall be installed along the perimeter boundaries of the site. Along those boundaries of the site abutting a road, the greenbelt or wall shall not be located in the front yard. Along all other site boundaries, the greenbelt or wall may be placed on the property line.

2.

Suitable gates for ingress and egress shall be provided, and the principal entrance shall not be closer than two hundred (200') feet to an adjoining residential site.

3.

If the applicant desires to install a cyclone wire fence (or other type of fencing) instead of a masonry wall, this shall be described on the application, and it may be approved in the discretion of the Planning Commission if the fence will be substantially compatible and harmonious with existing, adjacent types of installations.

4.

No building shall be erected closer than one hundred (100') feet to an adjacent site line, nor such building cover more than ten (10) percent of the site on which it is to be constructed.

5.

Any such use shall not be permitted in a floodplain.

6.

The applicant shall show with reasonable certainty that the elevations of the site when finished will provide adequate drainage.

7.

Minimum cemetery site shall be eight (8) acres. Where a State law specifically permits a smaller size or sets a maximum size less than eight (8) acres, this regulation shall not apply to an addition to the site of a use existing at the time of adoption of this Ordinance.

B.

COLLEGES AND UNIVERSITIES.

1.

All ingress to and egress from the site shall be directly onto an arterial or collector street having an existing or planned right-of-way width of at least one hundred twenty (120') feet.

C.

MUNICIPAL OR PUBLIC UTILITY BUILDINGS.

1.

No antenna or other exterior transmitting and receiving devices shall be permitted.

2.

All driveways or maneuvering areas servicing the facility shall be hard-surfaced, installed and maintained by the public utility in accordance with all applicable City standards.

3.

The parking of vehicles pertaining to said use shall be limited to the use of such vehicles in the performance of ongoing service work or repairs to the facility for the period of time necessary to complete such service or repairs.

4.

The structure shall be maintained against deterioration and/or damage from the elements or from any other cause by prompt and appropriate repairs, painting, and other protective measures.

5.

Outdoor storage shall not be permitted unless the site is located in the I-1 or I-2 District.

D.

PLACES OF ASSEMBLY

1.

All such uses shall have ingress and egress directly onto an arterial or collector street having an existing or planned right-of-way width of at least one hundred and twenty (120') feet.

2.

All activities, other than parking of motor vehicles and loading and unloading, shall be conducted within a completely enclosed building, except for outdoor activity specifically approved and/or licensed by the City.

E.

SCHOOLS

1.

The site shall abut a public road having a right-of-way of not less than that of a collector street (86 feet).

(ord. eff. April 24, 2021)