This district is intended to provide a combination of convenience and comparison retail goods and services serving the needs of a broader market area than several neighborhood areas, as is the case with the C-1 district. These commercial centers may include an anchor tenant, such as a supermarket or an intermediate department store. Uses within this district are intended to be developed as a planned or integrated cluster of common wall establishments served by consolidated driveways and parking areas as well as unified architecture and landscaping features.

   The following 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, except as otherwise provided herein; that all businesses shall be of a retail and service nature dealing directly with consumers; and that 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 11.01 of the C-1 District, except as otherwise provided herein. The size limitations of the C-1 District shall not apply in the C-2 District;

   B.   Retail nursery, lawn and garden supply store;

   C.   Department store;

   D.   General merchandise store;

   E.   Supermarket;

   F.   Physical fitness facilities;

   G.   Pet shops, retail;

   H.   Bulk food stores;

   I.   Apparel and accessory store;

   J.   Home and office furniture, furnishings and appliance stores;

   K.   Eating and drinking establishments, (including outdoor eating areas and catering if accessory to a principally permitted use), but excluding fast-food restaurants, stands, cabarets and discotheques;

   L.   Photographic studio;

   M.   Motion picture theater (except adult motion and mini-motion picture theaters);

   N.   Museum and art gallery;

   O.   Dry cleaning and laundry establishments;

   P.   Children recreation services (when part of a planned development) featuring exercising and game playing activities, subject to the following:

      1.   All activities shall be restricted to the inside of the building or part of the building in which the use is a part of;

      2.   The building or part of the building devoted to this use shall be designed and constructed such that no audible sound may be heard by adjoining tenants or at the lot line;

      3.   This use shall be limited to short term or infrequent users and shall not be used as a child day-care facility;

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

   R.   Other similar uses as determined by the Zoning Official.

(Ord. No. 278-A, § 24, 4-17-90; Ord. No. 278-E, § 7, 7-3-90; Ord. No. 278-0, § 4, 9-5-95)

   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 and clinics, subject to the conditions enumerated in section 11.02(A);

   B.   The following open air uses, subject to the conditions enumerated:

      1.   Retail sales of plant materials not grown on the site and sale of lawn furniture, playground equipment and home garden supplies, when located in excess of 300 feet beyond the intersection of major thoroughfares;

      2.   Children’s recreation facilities, including a children’s amusement park, shuffleboard and similar recreation, when part of a planned development, but not located at the intersection of two major thoroughfares. All such recreation space shall be enclosed on all sides with a six foot fence. Such uses shall not abut any residential zoning district;

   C.   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:

      1.   All repair activities shall be confined to the building;

      2.   No outdoor storage is permitted;

      3.   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;

   D.   Fast-food restaurants, subject to the following conditions:

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

      2.   Adequate ingress and egress to handle the traffic anticipated to be generated by the use shall be provided;

      3.   No freestanding fast-food restaurant shall be located within 500 feet of an existing fast-food restaurant, except if fast-food restaurants are separated by a street or public thoroughfare of not less than 120 feet of right-of-way;

      4.   No freestanding fast-food restaurant or drive-through lane shall be located within 300 feet of any residentially zoned property, unless the fast-food restaurant is separated from the residentially zoned property by a street or public thoroughfare of not less than 120 feet of right-of-way;

      5.   Any freestanding fast-food 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 fast-food restaurant site is compatible with the design and appearance of the remainder of the shopping center;

      6.   Drive-through service shall be permitted only if 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;

      7.   Devices and controls 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;

      8.   A drive-through speaker system shall emit no more than 50 decibels db(A) four feet between the vehicle and the speaker and in no case shall the transmission of voices or music from such speaker system be audible at any lot line;

      9.   The use shall comply with all other applicable Code provisions and ordinances of the city.

   E.   The use shall comply with all other applicable Code provisions and ordinances of the city;

   F.   Amusement device centers located in enclosed mall area of a shopping center containing a gross floor area of not less than 400,000 square feet, subject to the following:

      1.   All such uses shall have public access only from the interior mall pedestrian areas;

      2.   Adequate on-site security for the shopping center mall shall be provided;

      3.   Noise associated with the use shall be confined within the tenant space so as to not constitute a nuisance to adjoining or nearby tenants;

      4.   Such use shall be conducted in accordance with all applicable provisions of the City Code;

   G.   Amusement device centers located in an unenclosed shopping center or planned center development with a gross floor area in excess of 20,000 square feet, subject to the following conditions:

      1.   The days and hours of operation of an amusement device center may be limited by the Planning Commission based on the size and nature of the operation, proximity to surrounding residential properties, and the standards of Section 25.02;

      2.   All patron entrances shall be at least 500 feet from the nearest applicable property line of any school, playground, or public park;

      3.   All patron entrances shall be located at least 200 feet from any residential district measured by the shortest walking distance between the patron door and the zoning district line;

      4.   No amusement device center shall be located within 1,000 feet of any existing amusement device center measured from the nearest applicable walls or leasable space of each center;

      5.   There shall be adequate provision for the parking of bicycles, in accordance with the bicycle rack requirements set forth elsewhere in this Zoning Ordinance, for the center or development in which the amusement device center is proposed to be located;

      6.   The building or part of the building devoted to the use shall be designed and constructed such that no audible sound may be heard by adjoining tenants or at the lot line;

      7.   Such use shall be conducted in accordance with all applicable provisions of the City Code;

   H.   Regional shopping centers with a gross floor area exceeding 1,000,000 square feet, subject to the following conditions:

      1.   Building may exceed the height requirements of the district, provided that side and rear yard setbacks equal to the height of the building are provided. In no instance shall the building be located closer to the property line than the setbacks specified in section 12.04(C);

      2.   Access to all parking areas shall be provided by an internal road system;

   I.   Adult entertainment uses.

      The City of Sterling Heights is characterized by a strong real estate market and high property values. One intent of the zoning ordinance is to preserve these values and avoid the concentration of uses which would have a detrimental effect on either property values or the overall character of the city.

      The purpose of this ordinance as it relates to adult entertainment uses is, therefore, to control blight and to maintain or increase economic vitality and not to restrict the freedom of speech or to restrict access to alternative forms of entertainment.

      It is a well-established fact that a concentration of adult entertainment uses, including adult bookstores, adult video stores, adult motion picture theaters and similar uses, can lead to urban blight. It is, therefore, the intent of the provisions relating to adult entertainment uses to minimize this impact by avoiding the concentration of such uses in close proximity to one another or to residential zoning districts.

      It is recognized that adult entertainment uses are not dependent upon the surrounding neighborhood for their market. In fact, they can be classified as comparison shopping facilities whose market extends far beyond the adjacent neighborhood. Restricting the uses to the C-2 Planned Comparison District recognizes this market impact.

      It is further noted that the impact of adult entertainment uses on nearby residential areas is increased by the location of such uses in freestanding commercial structures. Restricting the location of adult entertainment uses to planned shopping centers helps minimize this impact by de-emphasizing their visibility and their impact on the nearby residential neighborhood. Furthermore, any negative impacts associated with such a use would be restricted primarily to surrounding commercial tenants. The overall community impact of such a use would, therefore, be reduced by this requirement.

      For the reasons stated above, adult bookstores or video stores, adult motion picture theaters, adult mini-motion picture theaters, adult establishments, cabarets or massage parlors, adult novelty businesses or adult personal service businesses shall be allowed as a special approval land use in the C-2 district, subject to the following requirements:

         1.   An adult entertainment use shall not be located closer than 1,000 feet from any other adult entertainment use;

         2.   All patron entrances for the adult entertainment use shall be located at least 1,000 feet from any church, school, playground or public park and 500 feet from any residential zoning district, measured by the shortest walking distance between the patron door and the property line of the church, school, playground or public park or the nearest residential zoning district line;

         3.   Adult bookstores or video stores, adult motion picture theaters, adult mini- motion picture theaters, cabarets and massage parlors, adult novelty businesses or adult personal service businesses shall be located in a consolidated shopping center with a gross floor area exceeding 100,000 square feet. Such uses shall be an integral part of such center and shall not be included as a use in a freestanding building;

         4.   All signs advertising adult bookstores or video stores, adult motion picture theaters, adult mini-motion picture theaters, cabarets, massage parlors, adult novelty businesses or adult personal service businesses shall comply to all applicable provisions of section 28.13. Further, no such sign shall include language or graphics referring to either specified anatomical areas or specified sexual activities;

         5.   There shall be no display of adult merchandise or adult materials visible by the public from the exterior of the building;

         6.   The adult entertainment use shall not permit entry by any person under the age of 18 either as an employee or a customer;

         7.   All access to adult merchandise or adult materials in the adult entertainment use shall be restricted to persons 18 years of age or older;

         8.   The adult entertainment use shall not be occupied by any person or any residential purpose.

   J.   Body art facilities, subject to the following:

      1.   All body art facilities shall be located in a consolidated shopping center with a gross floor area exceeding 100,000 square feet. Such uses shall be an integral part of the center and shall not be located within a freestanding building.

      2.   A body art facility shall not be located closer than 1,000 feet to an adult entertainment use, pawnbroker, resale shop, or other body art facility measured by the shortest walking distance between the customer entrance of each use.

      3.   All customer entrances to a body art facility (or retail/customer service area if there is no distinct customer entrance) shall be located at least 1,000 feet from any church, school, playground, or public park and at least 500 feet from any residential zoning district, measured by the shortest walking distance between the customer entrance (or retail/customer service area if there is no distinct customer entrance) and the property line of the church, school, playground or public park or the nearest residential zoning district line.

      4.   The body art facility shall obtain and maintain any licenses required by local or state law, and shall operate the facility in full compliance with any local, state or federal regulatory ordinances or statutes, rules, or regulations.

      5.   Exception: A business that offers microblading services but no other tattoo services, whether as its primary use or as an ancillary use for a salon or spa, is a body art facility as defined in this zoning ordinance and in the City Code but is not subject to the special approval land use requirements or the body art facility location restrictions set forth in this subsection.

   K.   Pawnbrokers, subject to the following:

      1.   All pawnbrokers shall be located in a consolidated shopping center with a gross floor area exceeding 100,000 square feet. Such uses shall be an integral part of the center and shall not be located within a freestanding building.

      2.   A pawnbroker shall not be located closer than 1,000 feet to an adult entertainment use, body art facility, resale shop, or other pawnbroker measured by the shortest walking distance between the customer entrance of each use.

      3.   All customer entrances to a pawnbroker facility (or retail/customer service area if there is no distinct customer entrance) shall be located at least 1,000 feet from any church, school, playground, or public park and at least 500 feet from any residential zoning district, measured by the shortest walking distance between the customer entrance (or retail/customer service area if there is no distinct customer entrance) and the property line of the church, school, playground or public park or the nearest residential zoning district line.

      4.   Pawnbrokers shall obtain and maintain any licenses required by local or State law and shall operate the facility or business in full compliance with any local, State, or federal regulatory ordinances or statutes, rules, or regulations.

   L.   Banquet and event facilities, subject to the following:

      1.   The use shall be located in a freestanding building.

      2.   The site shall be located upon a major thoroughfare having an existing or proposed right-of-way of at least 86 feet, as indicated on the Master Road Plan.

      3.   Any open air area where patrons of the banquet facility may congregate shall not face any property used for or zoned for residential use.

      4.   The banquet and event facility shall be operated in compliance with all applicable provisions of the City Code.

      5.   The City Planner may require the installation of additional landscaping, screening, or other devices or materials designed to contain noise, light, and or other impacts that are anticipated to extend beyond the property line of the site and/or to provide separation from abutting parking and maneuvering areas.

   M.   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.

(Ord. No. 278-U, § 8, 1-6-98; Ord. No. 278-X, § 4, 4-6-99; Ord. No. 278-Y, § 15, 5-16-00; Ord. No. 278-EE, § 7, 10-5-04; Ord. No. 278-MM, §§ 1-3, 10-8-08; Ord. No. 278-OO, § 4, 8-5-09; Ord. No. 278- AAA, § 3, 5-3-16; Ord. No. 278-BBB, § 2, 7-18-17; Ord. No. 278-GGG, § 5, 5-4-22)

The following accessory uses may be permitted:

   A.   Accessory buildings and uses incidental to the principal permitted uses enumerated in sections 12.01 and 12.02 are permitted.

   B.   Amusement devices shall be permitted as provided in section 28.01.

   C.   Accessory banquet or event uses, provided that such uses are conducted in accordance with all applicable provisions of the City Code, and provided further that the City Planner may require the installation of additional landscaping, screening, or other devices or materials designed to contain noise, light, and or other impacts that are anticipated to extend beyond the property line of the site and/or to provide separation from abutting parking and maneuvering areas.

(Ord. No. 278-BBB, § 3, 7-18-17)

   A.   The minimum size of each lot:

      1.   Area: 8 acres.

         A site may consist of one or more contiguous parcels of C-2 zoned property, the total of which shall equal eight acres or more; provided, however, in order to assure compliance with the intent of the C-2 district, a development on a parcel of less than eight acres contained within a contiguous eight acre site may occur only if reviewed and approved in conjunction with an overall development plan. In making such determination, the Planning Department shall consider placement of buildings, parking areas, landscaping and points of ingress and egress to ensure that the proposed development is harmonious with existing or future adjacent developments on or off said site. If a C-2 parcel of property is split so as to create two contiguous C-2 parcels or if a C-2 parcel of property is developed or proposed to be developed in conjunction with a contiguous C-2 parcel, then the minimum yard requirements established from the common lot line of the C-2 parcels may be modified if determined by the City Planner to promote the intent of the C-2 zoning district.

      2.   Width: 300 feet.

   B.   Maximum height of any structure:

      1.   In stories: 2.

      2.   In feet: 30.

   C.   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.): 177.

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

         c.   Major: 135.

         d.   Secondary: 118.

         e.   Collector: 110.

         f.   Local: 105.

         g.   Cul-de-sac: 135.

         h.   Freeway: 75.*

         i.   Private roads: 75.**

   *   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. Parking may be permitted to occupy a portion of the required front yard setback, provided it does not exceed a distance of 40 feet measured from the required front building setback as specified in (C)(1) above. Where the majority of the lots are located in a commercially platted subdivision, the lots abut private roads and/or public streets with a right-of-way equal to or less than 86 feet as shown on the Master Road

Plan and adequate access to the building for firefighting and emergency equipment is available, parking shall be permitted to encroach not more than 60 feet into the required front yard setback measured from the required front building setback line.

   If the existing right-of-way is greater than that shown on the Master Road Plan, the front yard setback (or street side setback) is 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 50 feet for all classes of roads.

      2.   Side: 25 feet. Corner lots shall observe front yard setbacks for both lot lines abutting the street.

      3.   Rear: 40 feet.

   D.   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-E, § 8, 7-3-90; Ord. No. 278-G, § 5, 9-18-90; Ord. No. 278-O, §§ 5, 6, 9-5-95)

   A.   No building shall be closer than 75 feet to the outer perimeter (property line) of such district when said property line abuts any residential district.

   B.   The proposed development shall be constructed in accordance with an overall plan, shall be designed as a single architectural unit with appropriate landscaping and shall provide initially for the construction of a minimum of 20,000 square feet of floor area.

   C.   All buildings shall be arranged in a group or groups.

   D.   The distance at the closest point between any two buildings or groups of units of attached buildings shall not be less than 30 feet.

   E.   Required side and rear yards may be used for off-street parking, provided adequate access to the rear of the building for firefighting and emergency equipment is available. Design of rear yard parking shall be done so as to encourage designated areas for "employee parking."

   F.   No part of any loading or unloading area may be located closer than 50 feet to any rear property line adjacent to a residential district.

   G.   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.

   H.   Portions of the site not used for parking, driveways and building shall be provided with a lawn or landscaping (see section 24.02, environmental provisions) approved by the Planning Department and so maintained in attractive condition.

   I.   Off-street loading spaces shall be provided in the ratio of at least one space per each establishment. In the event that several establishments are under common ownership or control, one space may be provided for each 6,000 square feet of building floor area.

   J.   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).

   K.   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 building line and the front lot line (or side lot line 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.

   L.   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.

(Ord. No. 278-A, § 25, 4-17-90; Ord. No. 278-OO, § 5, 8-5-09)