The C-1 Local Convenience Business District is designated to meet the day-to-day convenience shopping and service needs of persons residing in adjacent residential areas. Protection of nearby residential districts is considered of importance; thus, businesses which tend to be a nuisance to immediately surrounding residential areas are excluded, even though the goods sold or services offered might fall within the convenience classification.

   It is further the intent of this district to provide these goods and services in a physical setting that is compatible with surrounding residential neighborhoods and which are of a neighborhood size and character. Whenever possible, local convenience business districts should be developed with consolidated site features to provide for a continuity of appearance and function and to minimize any negative impacts on nearby residential neighborhoods or the city’s thoroughfare system. A more intense use, such as a supermarket, shall be permitted in this district only if: (1) the goods and services offered from within the use are limited to those which are permissible under the permitted uses of that district; and (2) the proposed use primarily serves the convenience needs of the immediately surrounding residential areas rather than satisfying the convenience and comparison shopping needs of a broader market area.

(Ord. No. 278-0, § 1, 9-5-95)

   The following retail and service uses shall be permitted, provided that all business, servicing or processing (except for off-street parking or loading) shall be conducted within a completely enclosed building, and all goods produced on the premises shall be sold at retail on the same premises:

   A.   Any one or more of the permitted uses in section 8.01 of the O-1 District, except as otherwise provided herein;

   B.   Hardware store;

   C.   Paint, wallpaper and window treatment stores;

   D.   Grocery stores;

   E.   Meat and fish markets;

   F.   Fruit and vegetable markets;

   G.   Candy, nut and confectionery store;

   H.   Retail bakery;

   I.   Drugstore and proprietary store;

   J.   Beauty shop;

   K.   Barber shop;

   L.   Shoe repair shop;

   M.   Miscellaneous repair services only limited to:

      1.   Radio, television and VCR repair;

      2.   Stereophonic repair;

      3.   Small appliance repair;

      4.   Watch, clock and jewelry repair;

      5.   Locksmith;

      6.   Tailors;

   N.   Video tape rental;

   O.   Dry cleaning pick-up services only;

   P.   Miscellaneous personal services:

      1.   Toning and tanning salons;

      2.   Diet workshops;

      3.   Quilting for individuals;

      4.   Microblading, subject to all applicable body art facility licensing requirements set forth in state law and the City Code;

   Q.   The following miscellaneous retail stores:

      1.   Liquor store;

      2.   Bookstore, excluding adult bookstores;

      3.   Stationery store;

      4.   Jewelry store;

      5.   Hobby, toy and games shop;

      6.   Camera and photographic supplies;

      7.   Gift, novelty and souvenir shop;

      8.   Florist;

      9.   Tobacco store;

      10.   Sewing, needlework and piece goods store;

      11.   Pet supplies store (excluding the sale of pets);

      12.   Home decorating and accessory stores;

      13.   Cellular telephone and pager stores (no on-premises installation);

   R.   Dance studios, martial arts schools and similar forms of activities, provided that the total useable floor area shall not exceed 5,000 square feet;

   S.   Apparel and accessory stores (excluding re-sale and second hand stores);

   T.   Supermarkets subject to the following:

      1.   The site’s gross floor area shall not be in excess of 60,000 square feet;

      2.   The site shall be located on a major thoroughfare having a right-of-way equal to or greater than 120 feet, as specified on the Master Road Plan;

      3.   The site shall have a minimum depth of 550 feet and shall contain at least four acres;

   U.   Essential services needed to serve the immediate vicinity, provided that appropriate screening, as determined by the Planning Department, shall be required when abutting single family dwellings;

   V.   Other convenience commercial uses of a similar character as determined by the Zoning Official.

   Outdoor storage and display of merchandise is prohibited.

(Ord. No. 278-E, §§ 5, 6, 7, 7-3-90; Ord. No. 278-0, § 2, 9-5-95; Ord. No. 278-DD, § 1, 7-6-04; Ord. No. 278-GGG, § 4, 5-4-22)

   The following uses and others similar to those cited in this article may be permitted by the Planning Commission, subject to the general standards of section 25.02 and the specific standards imposed for each use.

   A.   Veterinary offices or clinics providing medical, surgical and grooming facilities for small nonfarm animals, subject to the following:

      1.   The incidental boarding of animals for the limited time period immediately before and after the furnishing of medical, surgical or grooming services allowed under this section 11.02A. shall be permitted as an accessory use;

      2.   All facilities shall be completely enclosed within a freestanding building or corner tenant space in such a manner as to produce no offensive odor or audible sound at the lot line;

      3.   An adequate, enclosed method of refuse storage and disposal shall be maintained so that no public nuisance shall be created at any time;

      4.   The site shall be located so as to have one property line abutting a major thoroughfare of at least 120 feet of right-of-way, existing or proposed.

   B.   Child and adult day care centers and nursery schools, subject to the following conditions:

      1.   Such use shall not abut a one family residential zoning district on more than one side;

      2.   The parcel upon which the facility is located shall contain at least 300 square feet of land area per person attending the facility, with a minimum parcel size of 15,000 square feet;

      3.   For child care centers and nursery schools, a minimum area of 5,000 square feet of play space for children shall be provided in an accessible, convenient and safe location which is fenced by a six foot high fence, with screening with plantings from any adjoining nonresidential district;

      4.   Maximum lot coverage of all structures shall not exceed 30%.

   C.   Gasoline self-service stations (only on sites where a gasoline service station has existed as a lawful nonconforming use), subject to the following:

      1.   The site for the gasoline self-service station shall have 150 feet of frontage on the principal street serving the station;

      2.   The site shall contain an area of not less than 21,000 square feet;

      3.   All buildings shall observe front or street-side setbacks as specified in section 11.04, area, height and bulk requirements, plus 15 feet;

      4.   In order to facilitate safe 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;

      5.   Curbs, curb cuts, driveway widths and acceleration or deceleration lanes shall meet the requirements of the City of Sterling Heights or other agencies having jurisdiction thereof;

      6.   Pump islands used for the sale or distribution of petroleum products and service lanes shall observe the front or street-side setback requirements as specified in section 11.04, area, height and bulk requirements. Service lanes in which automobiles are temporarily parked shall be no less than 12 feet in width;

      7.   Canopies used to shelter pump islands and adjacent service lanes shall be required, provided such canopies do not encroach into the required front yard, and provided further that such canopies shall have a minimum height of 14 feet and be located to ensure clearance for and access to the site by firefighting equipment.

   D.   Dry cleaning and laundry establishments, subject to the following conditions:

      1.   Such use shall be limited to serving customers of the specific establishment only and shall not be used to service other pick-up stations;

      2.   The total usable floor area of the use shall not exceed 1,800 square feet;

      3.   The operation and all materials and processes used in the dry cleaning business shall be nonflammable and shall be conducted in accordance with all applicable statutes, rules, regulations and standards established by any federal, state or local government or authority;

      4.   Adequate ingress and egress shall be provided from a major thoroughfare of at least 120 feet of right-of-way, as indicated in the Master Road Plan.

   E.   Carry-out restaurants (excluding drive-through facilities), subject to the following conditions:

      1.   Adequate ventilation shall be provided to ensure that any odors associated with any food preparation will be confined to the site so as not to create a nuisance for any adjoining residential parcels. All such ventilation systems shall be maintained in good working order at all times;

      2.   Evidence of the type and adequacy of any such ventilation system shall be provided and approved by the Sterling Heights Building Department and the Macomb County Health Department;

      3.   Side and rear yard setbacks for restaurants may be increased when adjacent to residential zoning districts.

   F.   Public utilities, as regulated by section 3.02(I). Wireless communication towers, antennas and related facilities shall be further subject to the provisions of section 28.18.

   G.   Restaurants (excluding fast food restaurants and drive-through facilities), subject to the following conditions:

      1.   The total usable floor area of the restaurant shall not exceed 5,000 square feet;

      2.   Adequate ventilation shall be provided to ensure that any odors associated with any food preparation will be confined to the site so as not to create a nuisance for any adjoining residential uses. All such ventilation systems shall be maintained in good working order at all times;

      3.   Evidence of the type and adequacy of the ventilation system shall be provided and approved by the Sterling Heights Building Department and the Macomb County Health Department;

      4.   Side and rear yard setbacks for restaurants may be increased when adjacent to residential zoning districts.

   H.   Home furnishings, subject to the following conditions:

      1.   The total usable floor area shall not exceed 5,000 square feet;

      2.   The use shall be devoted primarily to product display. Only incidental warehousing and storage shall be permitted. Deliveries shall be made from off-site warehouses or distribution centers.

   I.   Auto supply stores, subject to the following conditions:

      1.   The floor area of the building shall not exceed 12,500 square feet;

      2.   The site shall be located on a major thoroughfare having a right-of-way equal to or greater than 120 feet, as specified on the Master Road Plan;

      3.   No repair, service or parts installation shall be conducted on the premises without the approval of the Planning Commission. The Planning Commission shall not approve such an activity without determining specifically that the proposed activity meets the requirements of section 25.02 of this ordinance and that it will be conducted solely within the building. The Planning Commission shall have the right to revoke such approval if the activity, in practice, is determined by the Planning Commission to have an adverse effect on the premises or nearby properties after the activity is undertaken;

      4.   No storage or other activities relating to the auto supply business shall be permitted outside of the building;

      5.   The sale of auto parts shall be limited to new parts and remanufactured or reconditioned parts which are remanufactured or reconditioned off of the premises.

(Ord. No. 278-F, § 6, 8-8-90; Ord. No. 278-G, § 4, 9-18-90; Ord. No. 278-O, § 3, 9-5-95; Ord. No. 278-V, § 1, 1-20-98; Ord. No. 278-Y, § 14, 5-16-00; Ord. No. 278-BB, § 3, 12-18-01; Ord. No. 278-DD, § 1, 7-6-04)

   Accessory buildings and uses customarily incidental to the principal permitted uses enumerated in sections 11.01 and 11.02 are permitted. Amusement devices shall be permitted, as provided in section 28.01.

   A.   The minimum size of each lot per building:

      1.   Area: 12,000 square feet.

      2.   Width: 80 feet.

   B.   Maximum height of any structure:

      1.   In stories: 1.

      2.   In feet: 25.

   C.   Minimum building floor area:

      1.   Area: 700 square feet.

   D.   Minimum yard setback per lot:

      1.   Front and street-side setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city’s Master Road Plan, as follows:

         Distance from centerline:

         a.   Regional (204' R.O.W.): 137 feet.

         b.   Regional (150' R.O.W.): 110 feet.

         c.   Major: 95 feet.

         d.   Secondary: 78 feet.

         e.   Collector: 70 feet.

         f.   Local: 65 feet.

         g.   Cul-de-sac: 95-foot radius.

         h.   Freeway: 35 feet.*

         i.   Private roads: 35 feet.**

   *   Freeways shall be measured from the established right-of-way line.

   **   In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.

   The required front yard shall be landscaped and maintained thereafter in a neat and orderly condition. Driveway approaches, but not driveways, shall be permitted in the required front yard.

   If the existing right-of-way is greater than shown on the Master Road Plan, the front yard setback (or street-side setback) as measured from the centerline of the right-of-way shall be equal to one-half of the actual right-of-way of the street, plus 35 feet for all classes of roads.

      2.   Side: 5 feet. If walls of structures facing such interior side lot lines contain windows or other openings, side yards of not less than 15 feet shall be provided. No building shall be located closer than 50 feet to the outer perimeter (property line) of such district when such property line abuts any residential district.

      3.   Rear: 30 feet. No building shall be located closer than 50 feet to the outer perimeter (property line) of such district when such property line abuts any residential district.

   E.   Maximum lot coverage: the maximum lot coverage shall be governed by meeting all requirements for yard space, landscaping, screening, off-street parking and loading.

(Ord. No. 278-A, §§ 21, 22, 4-17-90; Ord. No. 278-AA, § 1, 3-20-01; Ord. No. 278-CC, § 4, 6-3-03)

   A.   The exterior of all buildings hereafter erected shall be constructed of brick and/or stone building materials or other similar durable, decorative building materials as may be approved by the Planning Department, subject to any additional requirements set forth in section 26.01, paragraph H. The architecture and exterior finish of any building shall be complementary and compatible in style and be of uniform finish on all sides of its exterior.

   B.   All portions of the site not used for parking, driveway and buildings shall be provided with a lawn or landscaping (see section 24.02, environmental provisions) approved by the Planning Department and so maintained in an attractive condition.

   C.   Loading shall be provided only in rear yards. Side yard loading may be permitted by the Planning Department when such space and loading facilities do not interfere with parking and circulation, either vehicular or pedestrian.

   D.   Once a building line has been established by the construction of a principal building upon an approved site, no other principal building or use shall be located between the established line and the front lot line (or side lot abutting a side street) without first obtaining approval of the Planning Commission. The Planning Commission shall review the building and/or use proposed to be located in front of the established building to determine whether the building or use is of such location, size and character to be in harmony with the appropriate and orderly development of the balance of the site, is not detrimental to the development of adjacent uses, does not create any vehicular or pedestrian hazards and is aesthetically compatible with the buildings and uses located upon the site. Landscaping plans, site plans (including signs and the location of dumpsters) and elevations of all sides of any building to be constructed shall be submitted to enable the Planning Commission to determine whether the proposed additional building and/or use conforms with the requirements of this section. All dumpsters shall be screened from visibility from any area visible to the public by use of a wall constructed of the same material as the building walls to ensure aesthetic compatibility. In reviewing this request, the Planning Commission shall apply the standards contained herein and in section 25.02 and may impose reasonable conditions as authorized by section 25.03(D) to ensure that the standards are satisfied.

   E.   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 (section 24.04).

(Ord. No. 278-A, § 23, 4-17-90; Ord. No. 278-OO, § 3, 8-5-09)