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Muskegon Heights City Zoning Code

CHAPTER 8

COMMERCIAL DISTRICTS

Sec. 8.01 - Intent and purpose.

The C-1 neighborhood shopping district is intended to allow small scale businesses near neighborhoods to serve community needs.

The CBD, central business district is intended to support a traditional downtown main-street atmosphere and is characterized by smaller lot sizes, mixed land uses and higher percentages of lot coverage. The district is further intended to promote the consolidation of commercial activities in the existing city center by providing for a variety of retail, office, restaurant and entertainment activities that are not automotive dependent. The purpose of this district is to encourage and promote the business use of the first floor of existing structures and to permit residential uses on upper stories. Screening, landscaping and site design will be strongly considered when sites are developed to ensure they mesh well with adjacent residential uses.

The C-3, business district is intended primarily for uses emphasizing higher intensity uses that tend to be auto dependent which are not well suited in the neighborhood shopping or central business district, but instead should be situated near major travel corridors.

The C-4 commercial district is intended to isolate businesses that should not be located near residential areas because of their intensity or the nature of their services.

(Ord. No. 19-635, 9-23-19)

Sec. 8.02 - Table of uses.

The following abbreviations apply to the table of uses:

P: Permitted use: Land and/or buildings in this district may be used for the purposes listed by right.

SLU: Special land use: The following uses may be allowed by obtaining special land use approval when all applicable standards contained in chapter 16 and elsewhere in this ordinance are met.

NP: Not permitted: The use is not permitted in the district.

Table of Uses C-1 CBD C-3 C-4
Accessory apartments on the upper floor of commercial uses P P P P
Accessory structures subject to section 3.16 P P P P
Outdoor or rooftop seating (see requirements below) P P P NP
Outdoor display (see requirements below) NP P P NP
Adult uses NP NP NP SLU
Arcade (computer or video) P P P P
Art studio/craft shop P P P P
Bank or other financial institution without drive through facility P P P P
Bank or other financial institution with drive through facility P SLU P P
Banquet hall and/or conference center SLU SLU SLU SLU
Bed and breakfast SLU P NP NP
Billboards NP NP NP P
Boarding house SLU SLU NP NP
Bus passenger or other transit station SLU SLU SLU NP
Catering establishment NP P P P
Clinics P P P P
Commercial day care center SLU NP P NP
Commercial mini storage NP NP P P
Contractor's office P P P P
Convenience store, with gasoline SLU NP SLU SLU
Convenience store, without gasoline P P P P
Drive through facility other than a restaurant (e.g., bank, credit union, pharmacy, dry cleaner) P NP P NP
Fraternal or social club or lodge SLU NP NP NP
Hotel/motel SLU P P NP
Kennel, commercial NP NP SLU P
Laundromat P P P P
Live/work P P NP NP
Medical office P P P NP
Mortuary or funeral home SLU NP P SLU
Medical marihuana facilities NP NP P NP
Open air business NP NP SLU NP
Pawn shop P NP P P
Personal service establishment (e.g., salon, tailor, dry cleaning drop-off site, etc.) P P P P
Places of religious worship SLU NP NP NP
Professional offices (e.g., attorneys, accountants and dentists) P P P P
Recreation facility, indoor (e.g., bowling, billiards) P P P P
Recreation facility, outdoor (e.g., mini-golf, batting cages) NP NP P NP
Restaurant with drive-through facility SLU NP SLU P
Restaurant without drive-through facility P P P P
Retail building supplies and equipment stores with outdoor display and storage SLU NP P P
Retail P P P P
Tattoo parlor P P P P
Tavern or pub SLU P P P
Vehicle repair SLU NP P P
Vehicle sales NP NP SLU SLU
Vehicle wash establishment SLU NP P P
Veterinary clinic P NP P P
Wind energy conversion systems, commercial SLU NP SLU NP
Wireless communication tower SLU NP SLU NP
Wireless communications antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions P P P NP

 

(Ord. No. 19-635, 9-23-19)

Sec. 8.03 - Lot, yard and building requirements.

Requirement C-1 CBD C-3 C-4
Minimum Lot Area 4,000 sf 2,000 sf 10,000 sf 30,000 sq. ft.
Minimum Lot Width 30 ft. 20 ft. 75 ft 150 ft.
Minimum Lot Depth 60 ft. 75 ft. 100 ft. 200 ft.
Lot Width to Depth Ratio No more than 3 times deeper than the width none No more than 3 times deeper than the width No more than 3 times deeper than the width
Maximum Lot Coverage 90% 100% 90% 90%
Minimum Front Setback 10 ft Build to line is 0—2 ft. 20 ft., the first 10 feet of which shall be landscaped 30 ft., the first 10 feet of which shall be landscaped
Maximum Front Setback 15 ft. Build to line is 0—2 ft. 50 ft. 50 ft.
Side Setback 10 ft. None provided fire code is met One side may be zero/ other side, 15 ft. One side may be zero/ other side, 15 ft.
Minimum Rear Setback 20 ft. 5 feet from an alley. Otherwise, may be zero (if approved by the Zoning Administrator) 10 feet from an alley. Otherwise, may be zero (if approved by the Zoning Administrator) 40 ft.
Maximum Height 35 ft. 75 ft. 45 ft 45 ft.
Minimum Height 15 ft. 18 ft. must include a parapet wall none none
Minimum green space 10% 0% 10% 10%

 

(Ord. No. 19-635, 9-23-19)

Sec. 8.04 - Parking requirements.

Use Minimum Parking Requirements
Spaces per Unit of Measurement
GFA = gross floor area
UFA = usable floor area
Accessory apartments as part of a commercial use 1 per dwelling unit
Adult business 1 space per each 2 persons permitted under fire code
Art studio/craft shop or cottage industry 1 space per 800 sq. ft. of GFA
Bank or other financial institution without drive-through facility 1 space per each 400 sq. ft. of GFA
Banquet hall and/or conference center and catering establishment 1 space for every 4 persons by occupancy permitted in the structure by fire code
Bed and breakfast 2 plus one per guest room
Bus passenger or other transit station 1 space per 200 sq. ft. of GFA
Boarding house 1 plus an addition space per 2 rooms
Commercial day care center 1 space per each 3 clients computed on the basis of the greatest number of clients on site at a given time
Commercial mini storage 1 space for every storage unit (adjacent to the units) plus 1 for each employee
Convalescent or nursing home 1 space per each 3 beds or 2 rooms, whichever is less, plus 10 spaces marked for visitors
Convenience stores One space per 50 sq. ft. of GFA plus one per gas pump as applicable
Schools elementary and middle (private) 2 per classroom
High schools (private) 4 per classroom or amount required for the auditorium or place of assembly, whichever is greater; separate areas for student drop off and pickup shall be provided
Fraternal or social club or lodge 1 space for every 4 persons by occupancy permitted in the structure by fire code
Health or exercise club 1 space for every 6 persons by occupancy permitted in the structure by fire code
Hotel/motel 2 spaces for employees, plus 1 for each guest room
Indoor recreation facility 1 space per each 3 seats, plus 1 for each 2 employees
Kennel, commercial 1 space for each 400 sq. ft. of UFA
Laundromat 1 space for each 2 machines
Medical office and clinics 1 space per each 300 sq. ft. of GFA
Mortuary or funeral home 1 space per each 100 sq. ft. of UFA
Open air business 1 space per each 800 sq. ft. of lot area used of the open air business, plus parking for any main building and associated accessory uses
Personal service establishments and tattoo parlors 2 spaces per service provider
Places of religious worship 2 per each 5 seats based on the maximum seating capacity of the main place of assembly up to 2,500 persons
Professional office 1 space per each 400 sq. ft. of GFA
Indoor recreation facility and arcades 1 space for every 3 persons by occupancy permitted in the structure by fire code
Recreation facility, outdoor 1 space per each 2 miniature golf holes, plus 2 per each batting cage, plus 1 per each 100 sq. ft. of GFA of arcade space
Restaurant without drive through facility 1 per 100 sq. ft. of floor space not used for seating area plus 1 for each employee area plus 1 space for each 3 persons allowed within the maximum occupancy load as established by applicable building or health codes for the area devoted to indoor seating
Retail building supplies and equipment storage 1 space per each 300 sq. ft. of UFA
Retail establishments and pawn shops 1 space per each 300 sq. ft. of GFA
Tavern, with or without dancing, live entertainment or consumption of alcoholic beverages on premises 1 space for every 3 persons by occupancy permitted in the structure by fire code
Vehicle repair, minor and major 1 space per service bay plus 1 space per employee
Vehicle sales 1 per each 300 sq. ft. of GFA in the showroom/office, plus required spaces for accessory repair areas
Vehicle wash establishment 1 space per each 3 wash bays plus stacking as required by Chapter 15
Veterinary clinic 1 space for each 400 sq. ft. of UFA
Video rental and sales 1 for each 800 sq. ft. UFA plus 1 for each 2 employees
Wind energy conversion, commercial 1 space for service vehicles

 

A.

Bicycle parking. In all commercial districts, the addition of one parking rack, capable of holding at least three bicycles, will eliminate the need of three required parking spaces.

B.

Joint use of parking areas. The joint use of parking facilities by two or more uses may be allowed whenever such use is practical and satisfactory to each of the uses intended to be served, and when all requirements for location, design, and construction are met.

1.

Computing capacities. In computing capacities of any joint use, the total space requirement is the sum of the individual requirements that will occur at the same time each day. If space requirements for individual uses occur at distinctly different times, the total of such off-street parking facilities required for joint or collective use may be reduced by the planning commission below the same total of the individual space requirements.

2.

Record of agreement. A copy of an agreement between joint users shall be provided to the city. The agreement shall include provisions which assure continued long-term use and maintenance of the parking facility by each party, and their successors in interest, including owners and occupants of the premises which are served by the parking facility.

(Ord. No. 19-635, 9-23-19)

Sec. 8.05 - Development standards.

See chapter 13.

(Ord. No. 19-635, 9-23-19)

Sec. 8.06 - Parking location.

A.

Off-street parking facilities in the CBD shall not be located in any required front yard.

B.

Parking minimums are not required in the CBD.

C.

Off-street parking facilities in the C-3 and C-4 districts shall be primarily provided in side or rear yards.

(Ord. No. 19-635, 9-23-19)

Sec. 8.07 - Design standards.

In the CBD, central business district:

A.

Buildings shall possess architectural variety, but create an overall cohesive community character. Architectural features of the buildings shall include details and ornaments such as archways, colonnades and cornices. Building entrances shall utilize windows, canopies and awnings. High-gloss, or bubble awnings are prohibited.

B.

Roofs shall be flat or hip, unless an alternate roof is approved by the planning commission. Flat roofs shall have a parapet wall.

C.

The first floor of the front face of all commercial and office buildings shall have:

1.

A minimum of 50 percent, non-reflective glass;

2.

A minimum of 50 percent brick, colored split block or stone (or composites mimicking brick or stone) or split block on the remaining surface area of the first floor.

3.

In no case shall vertical siding, standard concrete blocks or sheet metal be considered an acceptable outdoor wall covering on the front face of a building.

4.

The planning commission may consider other design alternatives as part of the site plan review process as long as the spirit of this section is addressed.

D.

Site amenities may be required by the planning commission as part of site plan review process and may include, but not be limited to: bike racks, benches and trash receptacles.

(Ord. No. 19-635, 9-23-19)

Sec. 8.08 - Outdoor and rooftop seating.

Outdoor and rooftop seating in the CBD central business district are encouraged as a means to create vibrancy in the city center. Seating shall adhere to the following:

A.

A site development plan shall be provided to the zoning administrator for review and approval, or the seating area may be reviewed as part of the site plan review and approval process with the planning commission.

B.

The area devoted to outdoor seating shall be ancillary to the main use of an indoor restaurant, pub, bakery, coffee shop, delicatessen, specialty food store, or similar establishment.

C.

Pedestrian circulation and access to the building entrance shall not be impaired. A minimum of five feet of sidewalk along the curb and leading to the entrance to the establishment shall be maintained free of tables, chairs, and other encumbrances.

D.

The seating area shall be limited to the area directly in front of the permitted use to which the seating area is accessory and shall not extend into adjoining sites.

E.

Tables, chairs, umbrellas, canopies, planters, waste receptacles, and other elements of street furniture shall be compatible with the architectural character of the main building.

F.

Outdoor seating areas shall be landscaped and may be required to be walled or fenced off from other activity areas.

G.

Outdoor amplification shall not be disruptive to surrounding uses.

H.

The area devoted to outdoor service shall not encroach upon or extend over any required parking, public alley or right-of-way unless approved by the city council.

I.

The outdoor seating area shall not obstruct visibility of on-coming pedestrians or vehicular traffic.

J.

The area devoted to such outdoor dining area shall be maintained in a safe, clean, and sanitary manner.

K.

Roof seating shall comply with the building code.

(Ord. No. 19-635, 9-23-19)

Sec. 8.09 - Outdoor display.

A.

A site development plan shall be provided to the zoning administrator for review and approval, or the display area may be reviewed as part of the site plan review and approval process with the planning commission.

B.

Merchandise sold and/or displayed shall be accessory to the business conducted within the primary structure and shall be owned, leased or operated by the same individual(s) or business(es) occupying the primary structure.

C.

Outdoor display and sales shall not be located in any required parking or circulation area, loading area, access way, required setback, landscaping or applicable clear vision triangle.

D.

Outdoor sales and display shall be prohibited on public land or public right-of-way unless approved by the city council.

E.

Display areas shall maintain adequate clear area for safe pedestrian circulation along any pedestrian route.

F.

The area devoted to outdoor display shall be kept in a neat and orderly manner at all times.

G.

No items shall be stored, displayed, or stacked above a height of five feet.

(Ord. No. 19-635, 9-23-19)

Sec. 8.10 - Permitted signs.

A.

The following signs are permitted in the C-1 and CBD commercial districts:

1.

One non-illuminated real estate sign not exceeding 24 square feet in area per lot.

2.

On-site political signs not exceeding 24 square feet in display area. It is recommended that they are not erected any sooner than 30 days prior to the scheduled day of election for which they are made and shall be removed within ten days of the election.

3.

One projecting sign of up to 16 square feet per lot.

4.

Wall signs of up to ten percent of the area of front face of the first floor of the building. The wall sign allotment may be placed on any building face. Awning signs shall be considered as part of the wall sign allotment.

5.

Roof signs are prohibited.

B.

In the C-3 and C-4 districts, one free-standing sign. Such signs shall not exceed 20 feet in height as measured from the average grade of the road or roads upon which the business fronts and shall have a maximum surface area of 32 square feet.

C.

See also sections 13.11 through 13.14 for sign regulations applicable to all districts.

(Ord. No. 19-635, 9-23-19)