The B-1 Local Business District, as herein established, is designed
to meet the day-to-day convenience shopping and service needs of persons
residing in the adjacent residential area.
The following regulations shall apply to all B-1 Districts,
and no building, structure or premises, except as otherwise provided
in this chapter, shall be erected, altered, or used except for one
or more of the following uses:
A.Â
Any principal permitted use permitted in the OS Office Service District,
except child day-care centers when they would be the principal use
of the land.
B.Â
Generally recognized retail business that supplies commodities on
the premises, such as but not limited to groceries, meats, dairy products,
baked goods, or other foods, drugs, dry goods, clothing and notions,
or hardware.
C.Â
Personal service establishments which perform services on the premises,
such as but not limited to repair shops (watches, radios, televisions,
shoes, etc.), tailor shops, beauty parlors or barber shops, photographic
studios, and self-service laundries.
D.Â
Dry cleaning establishments, or pickup stations, dealing directly
with the consumer. Central dry-cleaning plants servicing more than
one retail outlet shall be prohibited.
E.Â
Business establishments that perform services on the premises, such
as, but not limited to, banks, loan companies, insurance offices,
and real estate offices.
F.Â
Other uses similar to the above uses.
G.Â
Accessory structures and uses customarily incident to the above-permitted
uses.
The following uses shall be permitted, subject to the conditions
hereinafter imposed for each use and subject further to the review
and approval of the Building Department, or the Planning Commission.
A.Â
Any conditional use permitted in the OS District, subject to the
requirements specifically set forth for the use.
C.Â
Electric transformer stations and substations; gas regulator stations
with service yards, but without storage yards; water and sewage pumping
stations, subject to all applicable screening requirements of this
chapter.
D.Â
Post office and similar governmental office buildings, serving persons
living in the adjacent residential area, subject to the off-street
parking and parking layout standards of this chapter, and subject
further to all applicable exterior lighting, landscaping and screening
requirements of this chapter.
E.Â
Outdoor cafes are allowed in accordance with the following regulations:
[Added 2-26-2019 by Ord.
No. 1308]
(1)Â
An outdoor cafe may be set up and used from March 15 through October
31. The permitted hours of operation are from 10:00 a.m. to 12:00
midnight in B-3 Business Districts unless longer hours are specifically
approved by the Planning Commission and the City Council. Noise radiating
from an outdoor café which exceeds 50 DBA between 8:00 p.m.
and 12:00 midnight, or other approved hours, or 55 DBA between 7:00
a.m. and 8:00 p.m. shall constitute prima facie evidence that such
noise unreasonably disturbs the comfort, quiet and repose of persons
in the area. The "DBA" represents the sound pressure level in decibel
measured on the "A" scale of a standard sound level meter. Noise level
measurements shall be taken at the zoning district boundary of any
residential zoning district, recreation unit district and any planned
development as may be appropriate. In all other districts, noise level
measurements shall be taken at the property line of an affected property.
The City Council may, by resolution, extend the dates of operation
or the hours of operation for a stipulated number of days, not to
exceed a total of 30 days per calendar year.
(2)Â
A site drawing showing the detailed plan of the outdoor cafe must
be submitted to and approved by the Planning Commission. The detailed
plan is to include the design, relevant details and location of all
temporary structures such as awnings, planters, landscaping, railing,
tables, chairs and other equipment, as well as lighting and electrical
outlet locations. The layout shall show all seating, tables and chairs
and shall be used to determine maximum occupancy load for the outdoor
cafe. The occupancy load shall be posted in a conspicuous location.
(3)Â
Outdoor cafes, including any canopy or cover associated with such
a cafe, shall be permitted within the required setback.
(4)Â
Outdoor cafes within the required setback shall not be enclosed,
except as specified elsewhere in this chapter.
(5)Â
Outdoor cafes shall be exempt from any parking requirement if they
have less than 30 seats. Outdoor cafe seating areas that have more
than 30 seats shall provide one space for each three outdoor seats
provided above 30 seats.
(6)Â
If alcohol is being served, it will include a fence, subject to approval
of the Planning Commission.
(7)Â
No food and beverage preparation would occur in the outdoor cafe.
All food and beverage preparation will incur inside the building housing
the principal use and brought to the customer or carried by the customer
to the outdoor cafe.
(8)Â
All fixtures associated with an outdoor cafe must be portable and
related, as well as limited to food service (e.g., tables, chairs,
serving trays). Furnishings of an outdoor cafe shall consist solely
of readily removable awnings, covers, canopies, railings, tables,
chairs, planters containing plants and accessories. Furnishings may
not be attached, even in a temporary manner, to the sidewalk or other
public property, except that canopies and railings, if specifically
approved by the Planning Commission and the City Council, may be secured
by means of flush-mounted anchors or other methods approved by the
Building Director. No objects which are part of an outdoor cafe, except
lighting fixtures, railings, awnings, or other nonpermanent covers
or canopies, may be attached, even in a temporary manner, to any building
or structure on which the outdoor cafe abuts.
(9)Â
The outdoor cafe must be part of a licensed restaurant and meet all
the requirements of the Department of Health and any other local,
county or state requirements, including the Michigan Liquor Control
Commission (if applicable).
(10)Â
Outdoor cafes are typically located immediately adjacent to
the building housing the principal use.
(11)Â
Outdoor cafes do not have to be removed daily or on any regular
schedule.
(12)Â
Outdoor cafes can have heating as long as they are not enclosed
and the heating can be removed.
(13)Â
No signs or any other forms of advertising are permitted in
the outdoor dining area with the exception of an identification or
menu sign. The name of the establishment may appear on the valance
of an umbrella.
(14)Â
Plans for setting up the outdoor cafe must be approved by the
Building Department to provide for the free passage of pedestrians
along the sidewalks, by the Police Department to provide for traffic
and pedestrian safety, and by the Fire Department for fire safety
issues. If alcohol is served, entrance to the outdoor cafe is required
to be from inside the building. An outdoor cafe which is adjacent
to residential properties or shares an alley with residential properties
shall be screened with a solid fence a minimum of six feet high.
A.Â
All business establishments shall be retail or service establishments
dealing directly with consumers. All goods produced on the premises
shall be sold at retail on the premises where produced.
B.Â
All business, servicing, or processing, except for off-street parking
or loading, shall be conducted within a completely enclosed building.
C.Â
The outdoor storage of goods or materials of any kind shall be expressly
prohibited.
D.Â
See Article XVIII, Schedule of Regulations; District Options, limiting the height and bulk of buildings, the minimum size of a lot permitted by land use, the maximum density permitted and providing minimum yard setback requirements.
