The C-2, general business district is designed to provide sites for more diversified business types which would often be incompatible with the pedestrian movement in the central business district and which are oriented to serving the needs of "passer-by" traffic and locations for planned shopping centers. Many of the business types permitted also generate greater volumes of traffic and activities which must be specially considered to minimize adverse effects on adjacent properties.

In a general business district, no building or land shall be used and no building shall be erected except for one or more of the following uses unless otherwise provided in this ordinance:

1.

All uses in the C-1, central business district, permitted and as regulated under section 801.

2.

Private clubs, fraternal organizations, and lodge halls.

3.

Overnight lodging facility, subject to the following:

a.

Access shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare.

b.

Each unit shall contain not less than 250 square feet of floor area.

c.

No guest shall establish permanent residence at a motel for more than 30 consecutive days within any calendar year.

4.

Bowling alley, billiard hall, indoor archery range, indoor tennis courts, indoor skating rink, or similar forms of indoor commercial recreation when located at least 100 feet from any front, rear or side yard of any residential lot in an adjacent residential district.

Arcades as defined and permitted by all municipal regulations shall only be permitted in this district as accessory use to any of the above permitted in this item 4. Any such use shall only be accessible and directly supervised from within the building and shall not in any manner constitute a principal use of the premises.

5.

Plant material nursery and other open air business uses.

6.

Automotive service facilities providing: tire (but not recapping), battery, muffler, rustproofing/undercoating, auto glass, reupholstering, wheel balancing, shock absorbers, wheel alignments, and minor motor tune-ups only, when developed in accordance with the following:

a.

There shall be no outside display of any parts and/or products.

b.

Any repair and/or replacement activity shall be conducted within a totally enclosed building.

c.

All new, used, and/or discarded parts shall be stored within a completely enclosed building approved by the building department.

d.

Any such activity shall be located not less than 25 feet from a property line.

e.

There shall be no outside parking and/or storage or any partially dismantled or inoperative vehicles.

f.

In operations such as automobile reconditioning, but not necessarily limited to, such activities there shall be no releasing of toxic gases, liquids, or materials in any form into the atmosphere, the water or sewer systems of the City of Utica, or on, or into the earth and further, no adverse affects shall be created by any activity on adjacent property or development.

7.

Bank, credit unions, savings and loan associations, and similar uses including those offering drive-through facilities.

8.

Veterinary hospitals and clinics having boarding facilities.

9.

Other uses similar to the above uses.

10.

Accessory structures and uses customarily incident to the above permitted uses.

The following special condition uses shall be permitted subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with section 4c.(2) of the city-village zoning act, as may be amended (MCL 125.584c(2)), and further subject to the review and approval by the planning commission and city council as specified in section 1802, "review and approval of conditional uses," and section 1800, "site plan review," of this zoning ordinance.

1.

Vehicle dealers with outdoor sales space and/or repair facilities for the sale of new or secondhand automobiles, house trailers, recreational vehicles, or rental trailers and/or automobiles, all subject to the following:

a.

The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the area.

b.

Access to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.

c.

Any servicing of vehicles including major motor repair and refinishing shall be subject to the following requirements:

(1)

Any such activities shall be clearly incidental to the sale of said vehicles and shall occur within a completely enclosed building.

(2)

Partially dismantled and/or damaged vehicles shall be stored within an enclosed building.

(3)

New, used and/or discarded parts and supplies shall be stored within a completely enclosed building.

(4)

Any such activity shall be located not less than 50 feet from any property line.

(5)

There shall be no external evidence, beyond the building, by way of dust, odor, or noise of such activities.

d.

All lighting shall be shielded from adjacent residential districts.

2.

Business in the character of an open front store or, a fast food or drive-in restaurant subject to following conditions:

a.

A setback of at least 60 feet from the right-of-way line of any existing or proposed street must be maintained.

b.

Access points shall be located at least 60 feet from the intersection of any two streets.

c.

All lighting shall be shielded from adjacent residential districts.

d.

A six-foot high completely obscuring wall shall be provided when abutting or adjacent districts are zoned for R, O-1 or C-1 districts. The height of the wall shall be measured from the surface of the ground. Said wall shall further meet the requirements of article XIV, general provisions.

3.

Gasoline service station for the sale of gasoline, oil and minor accessories only, and where no repair work is done, other than incidental service as provided for elsewhere in this article, but not including vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, and such other activities whose external effects could adversely extend beyond the property line, subject to the following conditions:

a.

The curb cuts for access to a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than 25 feet from a street intersection (measured from the road right-of-way) or from adjacent residential districts.

b.

The minimum lot area shall be 15,000 square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Gasoline service stations which are intended solely for the sale of gasoline, oil and minor accessories and have no facilities for repair or servicing or automobiles (including lubricating facilities) may be permitted on lots of 10,000 square feet, subject to all other provisions herein required.

c.

The view of all rest room doors shall be shielded from adjacent streets and residential districts.

d.

Tow trucks (wreckers) and vehicles under repair shall not be permitted in the front yard.

e.

The parking of vehicles on site shall be limited to those which may be serviced within a 24-hour period.

f.

A ten-foot landscaped greenbelt shall be provided along all street frontages.

4.

Adult entertainment use subject to the following conditions:

a.

No adult entertainment use shall be located within 1,000 feet of any other adult entertainment use nor within 600 feet of any of the following uses:

(1)

All class "C" establishments licensed by the Michigan Liquor Control Commission.

(2)

Pool or billiard halls.

(3)

Coin-operated amusement centers.

(4)

Teenage discos or dance halls.

(5)

Ice or roller skating rinks.

(6)

Pawn shops.

(7)

Indoor or drive-in movie theaters.

(8)

Any public park.

(9)

Any church.

(10)

Any public or private school having a curriculum including kindergarten or any one or more of the grades, one through 12.

Such distance shall be measured along the centerline of the street or streets or address between two fixed points on the centerlines determined by projecting straight lines at right angles from the part of the above listed uses nearest to the contemplated location of the structure containing the adult entertainment use, and from the contemplated location of the structure containing the adult entertainment use nearest to a use listed above.

b.

No adult entertainment use shall be located within 500 feet of any area zoned residential. Such required distances shall be measured by a straight line between a point on the boundary line of a zoned residential area nearest to the contemplated structure or contemplated location of the structure containing the adult entertainment use to a point on the contemplated structure or contemplated location of the structure containing the adult entertainment use nearest to the boundary lines of a zoned residential area.

c.

All adult entertainment uses shall be contained in a freestanding building. Enclosed malls, commercial strip stores, common wall structures, and multi-uses within the same structure do not constitute a freestanding building.

d.

No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not regulated as an adult entertainment use. This provision shall apply to any display, decoration, sign, show window or other opening.

e.

The provisions of city ordinance no. 120 shall also apply.

5.

Auto engine and body repair, and undercoating shops subject to the following conditions:

a.

Work on vehicles shall be done in a completely enclosed building.

b.

Outdoor storage of disabled vehicles or automotive parts shall be prohibited unless fully enclosed and secured by a six foot high obscuring wall or fence.

c.

Tow truck (wreckers) and vehicles under repair shall not be permitted in the required front yard.

d.

A ten-foot landscaped greenbelt shall be provided along all street frontages. The planning commission may waive this requirement if it is found to be impractical to provide such an area in existing developed areas.

e.

The parking of vehicles on site shall be limited to those, which may be serviced within a 24-hour period, unless said vehicles are parked in a fully enclosed and secured area as stipulated in item b. above.

6.

Accessory buildings and uses customarily incident to any of the above permitted uses.

(Ord. No. 129-9, 12-12-2000)

See article XIII, schedule of regulations limiting the height and bulk of buildings, the minimum size of the lot by permitted land use, and providing minimum yard setback requirements.