Charter Township of Meridian Commercial, Retail, and Business Districts C-1, C-2, and C-3

The C-1, C-2, and C-3 districts allow establishments engaged in selling goods or merchandise and providing services to the general public for personal or household consumption or to other businesses and rendering services incidental to the sale of such goods.

§ 86-402 Standards applying to all uses.

[Code 1974, § 82-11.2; Ord. No. 2004-06, 9-5-2004; Ord. No. 2009-10, 11-22-2009; Ord. No. 2010-02, 2-28-2010; Ord. No. 2011-14, 11-15-2011]

The following provisions apply to all uses in the C-1, C-2, and C-3 districts:

(1)

Minimum yard dimensions:

Front yards. Minimum yard dimensions shall be in accordance with the setback requirements of the Master Plan for Major Streets and Highways, Meridian Charter Township, Ingham County, Michigan, for the type of street upon which the lot principally fronts. For corner lots, each side abutting the street shall be considered frontage and shall comply with the setback requirements of the Master Plan for Major Streets and Highways.

Side yards. Minimum yard dimensions for side yards shall be 15 feet, except:

All buildings shall be located in accordance with the setback requirements of the Master Plan for Major Streets and Highways, Meridian Charter Township, Ingham County, Michigan, for the type of street upon which the lot principally sides or backs should it do so.

The principal building may be constructed on the side property line, provided that access is provided to the rear yard by means of a drive or alley, and if constructed with the adjacent property owner's approval, at the same time as and in conjunction with construction of an abutting building. Otherwise, side yards shall be at least 15 feet, except that all buildings shall be located in accordance with the setback requirements of the Master Plan of Major Streets and Highways, Meridian Charter Township, Ingham County, Michigan, for the type of street upon which the lot principally sides or backs should it do so.

Rear yards. Rear yards shall be at least 15 feet.

Side and rear yard adjacent to a residential district. For standards see Subsection 86-403(b)(3) for C-1, Subsection 86-404(b)(3) for C-2, or Subsection 86-405(b)(3) for C-3.

Corner lots. Lot width for corner lots shall be in accordance with the following chart, except the Director of Community Planning and Development may waive this requirement for existing legally nonconforming lots and parcels if a safe access location can be identified. An applicant may appeal the director's decision to the Zoning Board of Appeals.

Corner Lot Frontage Requirements
Street Classification*	Lot Frontage (feet)
Arterial	250
Collector	125
Local	50

NOTES:
*	As identified on the Recommended Road Network Plan Map in the Township Comprehensive Development Plan.

(2)

Maximum building height. Thirty-five feet, not including steeples, bell towers, or other similar structures, unless each required yard is increased one foot for every foot of height above 35 feet.

(3)

Signs. Signs shall be installed in accordance with those requirements specified in Article VII of this chapter.

[Amended 4-28-2023 by Ord. No. 2022-16]

(4)

Parking and loading requirements. Motor vehicle parking and loading, and bicycle parking requirements for this district are specified in Article VIII of this chapter.

(5)

Motor vehicle access:

Driveways shall be located off a major arterial or primary street as identified in § 86-367, except as identified in § 86-441, the corridor access management overlay district or as approved by the Planning Commission.

For corner lots, the location of driveways shall comply with the following minimum standards, except as required by § 86-441 or by the current standards of the county road commission:

Driveways: Distance from Intersections
Classification	Intersecting With	Clearance (feet)
Arterial	Arterial Collector Local	250 125 50
Collector	All	50
Local	All	50

Except as provided in § 86-441, the recommended spacing between commercial driveways shall be as indicated in the following chart:

Posted Speed (mph)	Minimum Separation (feet)
25	105
30	125
35	150
40	185
45	230
50	275

Service drives are required according to § 86-367 and § 86-441, to minimize the potential for traffic hazards in the streets immediately adjacent thereto. Where not required, access via a service drive may be required to minimize traffic hazards.

Access via a service drive may be required if the minimum distances from intersections or adjoining uses cannot be provided.

If deemed necessary by the Director of Community Planning and Development, or the Planning Commission, a traffic study may be required to establish mitigation alternatives that meet the needs of roadway function.

All points of entrance or exit to a public street shall be no closer than 20 feet to an adjacent property line unless a shared driveway has been required and approved by special use permit or during site plan review.

The minimum driveway width shall be 25 feet.

Entrance and exit drives shall be perpendicular to the road.

The Director of Community Planning and Development may waive specific access requirements when every effort has been made to achieve the objectives of the chapter and the standards preclude use of the property as zoned.

For all uses in the C-2 and C-3 commercial districts, external access to the project shall be directly provided by a major street or highway shown in § 86-367. Further the applicant shall demonstrate that such external access on any street or highway shall be fully capable of absorbing the maximum hourly traffic anticipated to be generated by the use(s) without undue interference to other traffic on any street.

Unless specified elsewhere, the standards of § 86-441, the corridor access management overlay district shall supercede the requirements of this section for any properties located within the overlay district.

(6)

Direct pedestrian access. Direct pedestrian access shall be provided from the principal entrance of the building to the sidewalk on the closest public right-of-way. Pedestrian access shall be provided from parking facilities to the ground floor uses, either through building entrances, pedestrian ways along the perimeter of buildings, or by pedestrian throughways which connect the rear parking lots to the sidewalks along the front street. Pedestrian throughways may be exterior and located between buildings or may be incorporated into the interior design of a structure. Pedestrian throughways shall be a minimum of 10 feet wide.

(7)

Service and loading areas. Service and loading areas shall be screened, using a combination of fencing and/or landscaping, from adjacent residential properties.

(8)

Site plan review. All uses shall be subject to site plan review, unless explicitly exempted in this chapter.

(9)

Sale of goods produced in the C-1, C-2, or C-3 district. Goods produced within the C-1, C-2, or C-3 districts shall be sold primarily on the premises where they are produced.

(10)

Outdoor uses prohibited. Unless specifically permitted, all uses shall be conducted within completely enclosed buildings.

(11)

Storage of dangerous materials prohibited. The storage of dangerous flammable, toxic, or explosive materials shall be prohibited except as allowed by law for the use permitted in the district.

(12)

Landscaping. Landscaping shall be maintained in accordance with plans approved by the Director of Community Planning and Development.

(13)

Building perimeter landscaping. An area equal to four feet multiplied by the perimeter of the building in feet shall be incorporated either at the building or elsewhere on the site, as approved by the Director of Community Planning and Development during site plan review. A combination of plant material consisting of trees, shrubs, vines, and ground cover shall be the primary component within the perimeter landscape area to accent architectural features. This section replaces § 86-758(2) for the C-1, C-2, or C-3 districts.

(14)

Lighting. Lighting shall be arranged such that no illumination shall adversely affect the welfare of an adjacent property or traffic on the adjacent streets. The applicant may be required to submit a lighting plan indicating the location, size, style, and candle power of the proposed fixtures for review and approval by the Director of Community Planning and Development. Flashing lights shall not be permitted.

(15)

Refuse containers. All refuse containers, including trash and recycling containers, shall be enclosed on all four sides by a screening device approved by the Director of Community Planning and Development, subject to the following provisions:

For existing uses receiving a certificate of occupancy prior to November 15, 1994, recycling containers shall be placed adjacent to other refuse containers on-site. If the Director of Community Planning and Development determines that it is not practical to place the container adjacent to other refuse containers on the site, such containers may be placed in parking areas, provided that the space used for the container shall not occupy required parking spaces and further provided that recycling containers shall be enclosed on four sides by a screening device approved by the Director of Community Planning and Development.

For uses receiving a certificate of occupancy after November 15, 1994, recycling containers shall meet the requirements of this section and the requirements for site plan review under Article II, Division 5 of this chapter.

(16)

Air conditioning units, heating oil tanks, etc. Air conditioning units, heating oil storage tanks, or similar appurtenances shall be properly screened, as approved by the Director of Community Planning and Development.

(17)

Maximum impervious surface. The maximum percentage of impervious surface permitted on a site shall be 70%. Impervious surfaces shall include all land covered with paving and buildings. The impervious surface ratio is calculated by dividing the total impervious surface by the gross area of the site. The following shall be counted as pervious surfaces:

Required perimeter landscaped buffers.

Fifty percent of on-site stormwater detention and retention basins above design level, if designed as an integral part of the site landscaping, provided that the side slope of such basins shall not be steeper than 4:1 (horizontal:vertical).

Parking lot islands and medians that are 20 feet or greater in each dimension designed and used for landscape plantings.

(18)

Noise levels. No noise exceeding 70 dBA shall be emitted, as measured from a property line.

(19)

Transition strips. A transition strip shall be required for all uses in the C-2 and C-3 commercial districts when projects are located adjacent to a residential district or when located adjacent to a school, hospital, or other public institution. The following standards shall guide the arrangement of the transition strip:

The transition strip shall be at least 100 feet in width except on any side abutting a major street or highway.

No part of the transition strip shall be used for any project function other than landscaping and/or screening or pedestrian pathways.

The transition strip shall contain plant materials or structural fences, or walls used separately or in combination.

The plans and specifications for the gross site development shall include the proposed arrangement of such planting and structures.

(20)

Performance standards for the C-1, C-2, and C-3 districts:

No obnoxious, toxic, or corrosive smoke, fumes or gases shall be emitted from a use in any of these districts.

No noxious matter in such quantities to produce a public nuisance or hazard beyond the lot lines shall be emitted.

No dust or other particulate matter created by any operation or emanating from any stored products shall be permitted beyond the lot line.

Physical vibrations humanly perceptible at or beyond the lot boundaries shall be prohibited.

No operation within these districts shall engage in the production of any explosives or explosive materials. Nor shall explosive material be stored except in compliance with state, county, and local regulations as applicable.

(21)

Residential structures used for commercial purposes. No structure erected for the purpose of acting as a residential dwelling or apartment shall be used for commercial or office purposes unless it can meet all commercial structure standards of the state construction code. These restrictions are not applicable to legitimate home occupations as defined by this chapter. The intent of this section is to protect the safety of Township residents while allowing reasonable use of historic or otherwise sound residential structures.

§ 86-403 C-1 Commercial District.

[Code 1974, § 82-11.3; Ord. No. 2002-08, 7-16-2002; Ord. No. 2007-09, 10-14-2007; Ord. No. 2009-05, 8-2-2009; Ord. No. 2009-10, 11-22-2009]

(a)

Purposes and intent. The C-1 commercial district is intended to provide convenient day-to-day retail and personal services to persons living in adjacent residential areas with a minimum impact upon surrounding residential development. Uses within the district shall be limited to those necessary to satisfy basic shopping or service needs which, by their nature and size, are not related to community or regional level shopping patterns. It is further intended that this district encourage the concentration of local business areas in locations that promote the best use of land, avoiding strip business frontage development and allowing easy access by all persons regardless of vehicular availability. This section applies to the C-1 district.

(b)

Standards applying to all C-1 uses:

(1)

Minimum lot area: 4,000 square feet.

(2)

Minimum lot width: 50 feet.

(3)

Side and rear setback adjacent to a residential district. No building, parking, access drives, or other structures shall be less than 50 feet from a residential district, except a thirty-five-foot setback shall be required if a screen comprised of a double row of interlocking trees or the equivalent is provided in addition to normal landscape requirements.

(4)

Off-street parking and loading:

No parking shall be permitted in the required front setback.

Off-street parking may be reduced by one space for every one space of public on street parking available within 750 feet of the entrance. On-street parking located in front of residential properties shall not be counted toward the parking requirement for nonresidential uses.

(5)

Color and texture of material of rear and side of buildings. Rear and sides of buildings which abut residential properties shall be finished with materials that in color and texture resemble the front of the building or blend with the landscaping.

(6)

Pedestrian and bicycle pathways. Where feasible, pathways for pedestrians and bicycles shall connect projects in the C-1 district to adjacent residential neighborhoods.

(7)

Location in freestanding buildings. Uses may be located in separate freestanding buildings, provided the style and building materials used create a uniform architectural theme.

(8)

Business hours. Business hours shall be limited to 6:00 a.m. to 12:00 midnight seven days a week, except emergency medical clinics may be open 24 hours. All other uses may operate between the hours of 12:00 midnight and 6:00 a.m. if granted a special use permit by the Planning Commission in accordance with § 86-124 through § 86-128 of the Code of Ordinances.

[Amended 1-15-2013 by Ord. No. 2013-01]

(9)

Limitation on business types. All business establishments shall be retail or service establishments dealing directly with customers.

(10)

Lighting. In addition to Subsection 86-402(14), freestanding illumination shall not exceed 20 feet in height.

(c)

Uses permitted by right.

(1)

Banks, credit unions, savings and loan establishments.

(2)

Instructional centers for business, trade, music, art, dance, craft, martial arts, or other places of instruction.

(3)

Offices of professionals licensed by the State of Michigan to treat human patients such as, but not limited to, chiropractors, dentists, dietitians/nutritionists, massage therapists, occupational therapists, optometrists, osteopaths, physical therapists, physicians, podiatrists and psychologists. This shall not include facilities accommodating overnight patients.

(4)

Offices.

(5)

Personal service establishments which perform services on the premises such as, but not limited to, barber or beauty shops, repair shops (jewelry, electronic, shoe, small appliances, etc.), pharmacies, tailor shops, laundries and dry cleaners, with the exception of dry cleaning plants, and self-service laundries.

(6)

Restaurants or other eating establishments which serve food or beverages for consumption on the premises or for carryout. This shall not include drive-through restaurants. An outdoor eating area is allowed by right, subject to site plan review. The outdoor seating area shall be either attached to or be immediately adjacent to the principal building to which the outdoor seating area is accessory.

(7)

Retail food establishments for consumption off the premises.

(8)

Retail merchandise establishments, selling principally new merchandise. Uses in this category include, but are not limited to, pharmacies, variety, dry goods, notions, clothing, music, and book stores which supply goods on the premises.

(9)

Health and physical fitness establishments.

[Added 1-15-2013 by Ord. No. 2013-01]

(d)

Permitted conditional uses.

(1)

Child care centers, provided:

[Amended by Ord. No. 2014-07, 12-9-2014]

Such uses shall be licensed by the State of Michigan.

Such uses shall maintain an on-site screened and fenced outdoor play area equal to a size required by the state. Play areas shall be separated from streets, access drives, and parking areas with a landscaped buffer at least 20 feet in width.

Twenty percent, but no fewer than two, of all required parking spaces shall be clearly marked for drop-off and pickup and shall be located as close as possible to the front entrance to minimize the necessity for children to cross a parking lot or driveway.

(2)

Adult care centers. Adult care centers, provided structures and sites meet all current building, residential, fire and property maintenance codes as adopted by the Township.

[Added by Ord. No. 2014-07, 12-9-2014[1]]

[1]

Editor's Note: This ordinance also provided for the renumbering of former Subsections (d)(2) and (3) as Subsections (d)(3) and (4).

(3)

Small animal veterinary clinics, provided:

The building shall be adequately soundproofed and constructed so that there will be no emission of odor or noise detrimental to surrounding properties.

Boarding of small animals shall be permitted as an accessory to the principal use, except all boarding shall be conducted within a wholly enclosed building.

A veterinary clinic or hospital may provide one apartment within the building for a live-in caretaker.

(4)

Temporary outdoor uses including, but not limited to, the sale of Christmas trees, shrubbery, flowers, fruits and vegetables, special sidewalk sales, or short-term promotional activities (motor vehicle sales are excluded from this use), provided:

All such outdoor uses must be approved in advance by the Director of Community Planning and Development.

Upon approval, a permit shall be issued to the applicant specifying the terms, conditions, and time limitations of the activity.

A fee, established by the schedule of fees promulgated under this chapter, shall be paid upon issuance of the permit.

Temporary outdoor uses shall not be subject to site plan review.

(e)

Uses permitted by special use permit:

(1)

Drive-through banking services such as teller windows and automatic teller machines, provided the following conditions are met. The Planning Commission may impose additional conditions and safeguards when deemed necessary.

Twenty-four-hour drive-through services shall not be located in a yard immediately adjacent to a residential zoning district.

No more than two such windows shall be permitted on a site.

(2)

Public or private utility buildings and structures except those with storage yards.

(3)

Social institutions, neighborhood centers, and clubhouses. No outdoor uses shall be permitted.

(4)

Any building or group of buildings with a combined gross floor area of greater than 25,000 square feet and located on a lot.

(5)

Gasoline stations, exclusive of repair service or car wash facilities, subject to the following conditions:

No gasoline station shall have more than 10 vehicle fueling stations.

Any building, gas island, air compressors, tire filling stations, or similar equipment shall be set back a minimum of 150 feet from an abutting residential district line.

The site shall accommodate safe internal vehicle circulation.

Setbacks for vehicle fueling stations, and similar equipment, shall be a minimum of 20 feet from any right-of-way line. Gasoline pump islands, and similar equipment shall be a minimum of 25 feet from a side or rear property line.

There shall be no outdoor displays of items for sale, such as tires, tractors, lawnmowers, or other materials, except that supplies intended to be provided to customers directly, such as oil or windshield washer fluid, may be displayed on the pump islands.

Storage of flammable products. Outside aboveground tanks for the storage of gasoline, oil or other flammable liquids or gases for sale, other than liquefied petroleum gas, shall be prohibited at any gasoline service station.

(6)

Uses operating between the hours of 12:00 midnight and 6:00 a.m.

[Added Ord. No. 2013-01, 1-15-2013]

§ 86-404 C-2 Commercial District.

[Code 1974, § 82-11.4; Ord. No. 2002-04, 4-16-2002; Ord. No. 2005-01, 1-30-2005; Ord. No. 2005-04, 3-13-2005; Ord. No. 2007-09, 10-14-2007; Ord. No. 2008-02, 2-17-2008; Ord. No. 2009-05, 8-2-2009; Ord. No. 2009-10, 11-22-2009]

(a)

Purpose and intent. The C-2 commercial district is established for the accommodation of those commercial and business service activities that serve a community level trade area. Patrons would have the option of walking or using private or public transportation to reach the destination. Such activities require land and structure uses that are typically compact and densely grouped generating a larger volume of pedestrian and vehicular traffic than expected in the C-1 district. It is the purpose of these regulations to permit the establishment of a wide variety of business enterprise types in this district. This section applies to the C-2 district.

(b)

Standards applying to all C-2 commercial uses.

(1)

Minimum lot area: 4,000 square feet.

(2)

Minimum lot width: 100 feet.

(3)

Side and rear setback adjacent to a residential district. No building, parking, access drive, or other structure shall be less than 100 feet from a residential district line, except a sixty-foot setback shall be required if screening that incorporates a double row of interlocking trees, primarily evergreens, or the equivalent in addition to general screening standards.

(c)

Uses permitted by right.

(1)

Any combination of uses permitted in the district when located in a building or group of buildings with a maximum combined gross floor area of 25,000 square feet and located on a lot.

(2)

Banks, credit unions, and savings and loan establishments.

(3)

Instructional centers for business, trade, music, art, dance, craft, martial arts, or other places of instruction.

(4)

Churches or similar places of worship.

(5)

Community centers; indoor recreation such as bowling alleys, billiard rooms, tennis facilities; and health and physical fitness establishments.

(6)

Libraries, post offices, fire and police stations, and similar public service buildings.

(7)

(8)

Offices.

(9)

Personal and business service establishments which perform services on the premises such as, but not limited to, barber shops, or hair salons, repair shops (shoe, electronic, small appliance, jewelry, etc.), tailor shops, laundries and dry cleaners (with the exception of dry cleaning plants), and self-service laundries, printing, including publishing, photographic reproduction, blueprinting and related trades and arts.

(10)

Restaurants or other eating establishments which serve food and may serve alcoholic beverages for consumption on the premises or for carryout. This shall not include drive-through type restaurants. An outdoor eating area is allowed by right, subject to site plan review. The outdoor seating area shall be either attached to or be immediately adjacent to the principal building to which the outdoor seating area is accessory.

(11)

Retail establishments selling new or used merchandise, except pawn shops.

(12)

Retail food establishments, such as supermarkets which supply groceries and similar commodities for consumption off-premises.

(13)

Social clubs and institutions and similar public and semipublic uses.

(14)

Theaters and auditoriums. This shall not include outdoor, drive-in theaters.

(d)

Permitted conditional uses.

(1)

Bars, taverns, lounges, and brewpubs, provided the property line of such uses shall be a minimum of 500 feet from a residential property line and 100 feet from a child care center.

(2)

Child care centers. In addition to compliance with § 86-403(d)(1), in this district the property line of a child care center shall be set back 100 feet from incompatible uses, including but not limited to gas stations, bars, taverns, and lounges.

[Amended by Ord. No. 2014-07, 12-9-2014]

(3)

Adult care centers. Adult care centers, provided structures and sites meet all current building, residential, fire and property maintenance codes as adopted by the Township.

[Added by Ord. No. 2014-07, 12-9-2014[1]]

[1]

Editor's Note: This ordinance also provided for the renumbering of former Subsections (d)(3) and (4) as Subsections (d)(4) and (5).

(4)

Small animal veterinary clinics. See § 86-403(d)(2) for conditions.

(5)

Temporary outdoor uses including, but not limited to, the sale of Christmas trees, shrubbery, flowers, fruits and vegetables, special sidewalk sales, or promotional activities. Motor vehicle sales are excluded from the use. See § 86-403(d)(4) for conditions.

(6)

Multiple-family dwelling units located on the second floor of a building when the first floor of the building consists of nonresidential uses permitted under this section.

[Added 11-9-2023 by Ord. No. 2023-05]

(e)

Uses permitted by special use permit:

(1)

Funeral homes and mortuaries, excluding crematoriums.

(2)

Hospitals and medical clinics providing in-patient services.

(3)

Light manufacturing including processing, assembly, or fabrication establishments.

(4)

Open air business uses, such as retail sales of nursery stock, lawn furniture, playground equipment, and garden supplies, provided the total sales and storage area is fenced (chain link shall not be acceptable) or otherwise enclosed in a permanent manner.

(5)

Parking buildings or lots.

(6)

Public or private utility buildings or structures, except those with storage yards.

(7)

Satellite passenger bus terminals.

(8)

Tattoo and body piercing establishments:

All operations shall be carried on inside a building and shall not be visible from the street.

Location a minimum of 500 feet from any residential district, school, church, or child care use.

Proof that all state, county, and local permitting requirements have been met.

(9)

Any building or group of buildings with a combined gross floor area of greater than 25,000 square feet and located on a lot.

(10)

Uses or combinations of uses permitted in the district located in a structure greater than 75,000 square feet in gross floor area. Provisions are established herein for the Township to accommodate the construction and operation of such uses to the extent and in accordance with such standards that result in the optimum future development of the Township.

Uses permitted. Any use which is permitted by right, by conditional use, or by special use permit in the C-1 or C-2 commercial district.

Site development requirements.

Types of structures. All permitted activities shall be conducted entirely within a wholly enclosed permanent building, except as noted in the following:

The parking of customer and employee vehicles.

ii.

The loading and unloading of commercial vehicles which shall take place directly into or out of a building.

iii.

Temporary exhibitions, provided they are properly licensed as a temporary outdoor use under the provisions of this Code of Ordinances.

iv.

Gasoline service stations, provided they comply with all design requirements of this Code of Ordinances.

Minimum lot area: five acres.

Minimum lot frontage: 300 feet.

(11)

Banks, credit unions, savings and loan establishments with a maximum of five drive-through lanes.

(12)

Restaurants or other eating establishments with drive-through facilities which serve food and may serve alcoholic beverages for consumption on the premises or for carryout.

(13)

Drive-in or drive-through uses.

Standards applying to all drive-in or drive-through uses:

Side and rear yards shall be at least 20 feet, except that all buildings shall be located in accordance with the Master Plan for Major Streets and Highways, Meridian Charter Township, Ingham County, Michigan for established setbacks. This subsection does not apply to drive-in uses adjacent to residential districts.

Screening:

Screening shall be provided to a height acceptable to the Director of Community Planning and Development along all property lines abutting a residential district and sufficient to visibly obscure adjoining uses. Fences and walls shall not exceed six feet.

ii.

No screening shall be closer than 30 feet to the nearest edge of any street right-of-way.

Standards applying to gasoline and automobile service stations, and oil change establishments.

No gasoline service station shall have more than 10 vehicle fueling stations.

Any building, gas island, air compressors, tire filling stations, vacuum cleaners, or similar equipment shall be set back a minimum of 300 feet from an abutting residential district line.

Any building or structure shall be set back a minimum of 100 feet from the property line when adjacent to a child care center.

The site shall accommodate safe internal vehicle circulation.

Setbacks for vehicle fueling stations, and similar equipment, shall be a minimum of 20 feet from any right-of-way lines as specified in the Master Plan for Major Streets and Highways, Meridian Charter Township, Ingham County, Michigan. Gasoline pump islands, and similar equipment shall be a minimum of 25 feet from a side or rear property line.

Off-street vehicle storage. No outdoor storage of wrecked or partially dismantled vehicles shall be permitted unless such vehicles are required to be temporarily stored for a period of time by police or court order. All such storage facilities shall be screened or shielded, in accordance with the special use permit.

All activities, except routine maintenance performed at the fuel pump shall be carried on entirely within a building.

The extensive physical modification of vehicles shall not be permitted in a gasoline service station.

10.

Storage of flammable products. Outside aboveground tanks for the storage of gasoline, oil or other inflammable liquids or gases for sale, other than liquefied petroleum gas, shall be prohibited at any gasoline service station.

Standards applying only to drive-in car washes, automatic and self-service:

In self-service car washes, no equipment, such as a vacuum cleaner, shall be located in the front yard.

Buildings shall be set back a minimum of 500 feet from an abutting residential district.

Storage of flammable products. Outside aboveground tanks for the storage of gasoline, oil or other flammable liquids or gases, other than liquid petroleum gas, for sale shall be prohibited.

Car washes, including self-service types, shall not be allowed to operate so as to adversely affect the adjacent residential properties and surrounding area.

All other drive-in or drive-through facilities. For all other drive-in or drive-through facilities, excluding drive-in theaters, service may be in automobiles, but all other activities must be totally within a building. Such facilities shall receive review under the provisions of Article II, Division 5, of this chapter and the approval of the Planning Commission. All standards applicable to the district in which the use is located shall also be met.

(14)

Hotels or motels.

Standards applying to hotels and motels in the C-2 district:

Access to the site containing the hotel or motel shall be from a street designated as a minor or principal arterial in § 86-367 of the Code of Ordinances or by means of a street designed for the purpose of serving a commercial development.

Ancillary guest services such as, but not limited to maid and linen service, telephone/fax/e-mail, continental breakfast, meeting rooms, banquet room/hall, gift shop, restaurant and lounge, and recreation and fitness facilities shall be allowed in conjunction with an approved hotel or motel.

None of the guest rooms or suites shall be occupied as an apartment or primary residence with an exception for one resident manager/owner, who may reside in a dwelling located within the hotel or motel.

The hotel or motel shall be setback a minimum of 150 feet from any adjacent residential zoning district, except a one-hundred-foot setback shall be required if the screening that incorporates a double row of interlocking trees, primarily evergreens, or the equivalent is provided in addition to the general screening standards.

The minimum parcel size shall be 2.5 acres.

(15)

Enclosed climate controlled storage facilities.

Standards applying to enclosed climate controlled storage facilities in the C-2 district:

No trucks shall be allowed to park overnight or idle their engines on the site.

There shall be no outside storage. All items warehoused or stored on the property shall be within an enclosed building that is climate controlled. The building shall have a maximum of two loading/unloading doors, plus one additional loading dock and door for oversized vehicles located at the rear of the building's facade, or the facade that is least visible from the public street.

All mechanical, heating, ventilation, and air conditioning (HVAC) and like systems shall be screened from street level view on all sides, or property line where streets are not present, by an opaque structure made to match the building.

The dumpster enclosure shall be located adjacent to the building and shall be screened on all four sides, with three sides containing similar building materials made to match the building. Unique site circumstances may necessitate the dumpster to be located away from the building, in which the location shall be subject to the review and approval of the Director of Community Planning and Development.

The building, equipment, and off-street parking area on the site shall be properly screened from adjoining properties, especially residentially zoned properties, and the use of natural screening materials shall be required.

Building materials shall include, but are not limited to, wood, brick, clapboards, beadboard, glass, and stone. Materials such as vinyl, aluminum and other metal sidings shall be avoided.

The buildings shall be designed so that exterior materials are consistent with and are sensitive to nearby historical features, blend with facades of adjacent buildings and complement streetscape improvements in the area.

Interior doors shall not be visible from outside of the enclosed climate controlled storage facility.

When located adjacent to a residential zoning district, enclosed climate controlled storage facilities shall be setback a minimum of 200 feet from all residential zoning district lines and include a double row of evergreens for screening.

10.

When the boundary of the C-2 (Commercial) zoned lot or parcel on which the enclosed climate controlled storage facility is located is separated from a residential zoning district by a railroad, river, or public road, the 200 foot setback and double row of evergreens shall not be required.

(16)

New automobile dealerships, subject to the following:

[Amended 5-6-2021 by Ord. No. 2021-02]

Minimum lot size: four acres.

Vehicle service and repair and used automobile sales shall be permitted ancillary uses to the principal new automobile sales use.

Body shops shall not be a permitted ancillary use.

(17)

Outdoor recreation, such as, but not limited to, batting cages and court games, such as basketball and volleyball, when ancillary to a bowling alley, indoor recreation facility, or health and physical fitness establishment.

[Added 7-24-2018 by Ord. No. 2018-08]

§ 86-405 C-3 Commercial District.

[Code 1974, § 82-11.5; Ord. No. 2002-04, 4-16-2002; Ord. No. 2005-01, 1-30-2005; Ord. No. 2005-04, 3-13-2005; Ord. No. 2009-05, 8-2-2009]

(a)

Purpose. The C-3 district is established for the accommodation of those retail and business service activities that serve the whole community and the metropolitan region. Such activities require land and structure uses that are typically large in scale and densely grouped generating a large volume of primarily vehicular traffic. It is the purpose of these regulations to permit the establishment of a wide variety of business enterprise types in this district. This section applies to the C-3 district.

(b)

Standards applying to all C-3 commercial uses.

(1)

Minimum lot area: 10,000 square feet, except where otherwise specified.

(2)

Minimum lot width: 100 feet, except where otherwise specified.

(3)

Side and rear setback adjacent to a residential district. Two hundred fifty feet for all buildings, parking, access drive, or other structures. Screening shall be incorporated into the setback.

(c)

Uses permitted by right.

(1)

Any use or combination of uses permitted by right in the C-1, C-2, or C-3 commercial districts, regardless of size, when located in a building or group of buildings with a maximum combined gross floor area of 25,000 square feet and located on a lot.

(2)

Accessory structures and uses customarily incidental to the permitted uses in subsection (1) of this section.

(3)

Athletic clubs and health spas customarily consisting of facilities intended for fitness, recreation, and/or therapeutic purposes including, but not limited to, one or more of court games, swimming pools and whirlpools, exercise and physical therapy equipment, steam and sauna baths, and group exercise and/or dance facilities along with ancillary facilities and services. Athletic clubs and health spas with outdoor athletic and recreation facilities shall require a special use permit when the outdoor athletic and recreation facilities are located less than 500 feet from a residential district.

(4)

Building supply and equipment and hardware stores.

(5)

Concert halls and similar places of assembly.

(6)

Funeral homes and mortuaries, excluding crematoriums.

(7)

Hospitals, medical clinics, and ambulance services.

(8)

Indoor recreation establishments, such as bowling alleys, billiard rooms, tennis facilities, and similar uses.

(9)

[1]Museums and art galleries.

[1]

Editor's Note: Former Subsection (c)(9), which pertained to motor vehicle sales and service establishments, was repealed 5-6-2021 by Ord. No. 2021-02, which ordinance also redesignated former Subsection (c)(10) through (13) as Subsection (c)(9) through (12), respectively.

(10)

Parking buildings or lots.

(11)

Printing, photographic reproduction, blue printing and related trades and arts but excluding book, newspaper, and magazine publishing and similar publishing services.

(12)

Sales and fabrication of stone monuments.

(d)

Permitted conditional uses.

(1)

All conditional uses permitted in the C-2 commercial district.

(2)

Manufacturing and processing establishments selling their entire output at retail on the premises.

(3)

Open air business, uses such as retail sales of nursery stock, lawn furniture, playground equipment, and garden supplies, provided the total sales and storage area is fenced (chain link shall not be acceptable) or otherwise enclosed in a permanent manner.

(4)

Public and private utility structures, except those with storage yards, provided an obscuring wall or fence or landscaped buffer shall be installed to serve as a buffer between the utility and adjacent uses.

(5)

Multiple-family dwelling units located on the second floor of a building when the first floor of the building consists of nonresidential uses permitted under this section.

[Added 11-9-2023 by Ord. No. 2023-05]

(e)

Uses permitted by special use permit.

(1)

Boat, recreational vehicle, and mobile home sales, rental, repair, and display outdoors, provided the outdoor area is paved and properly drained. Dismantled or inoperative vehicles, if stored on-site, shall be within a wholly enclosed building or outside provided the area is enclosed by a solid fence.

(2)

Equipment or other rental type business that displays items for rent outside a building.

(3)

Hotels or motels.

Standards applying to hotels and motels in the C-3 district:

(4)

Enclosed climate controlled storage facilities.

Standards applying to enclosed climate controlled storage facilities in the C-3 district:

No trucks shall be allowed to park overnight or idle their engines on the site.

Building materials shall include, but are not limited to, wood, brick, clapboards, beadboard, glass, and stone. Materials such as vinyl, aluminum and other metal sidings shall be avoided.

Interior doors shall not be visible from outside of the enclosed climate controlled storage facility.

When located adjacent to a residential zoning district, enclosed climate controlled storage facilities shall be constructed as part of an existing or proposed multiple-tenant retail center, shall be setback a minimum of 200 feet from all residential zoning district lines and include a double row of evergreens for screening.

10.

When the boundary of the C-3 (Commercial) zoned lot or parcel on which the enclosed climate controlled storage facility is located is separated from a residential zoning district by a railroad, river, or public road, the 200 foot setback and double row of evergreens shall not be required.

(5)

Ministorage establishments, such as the warehousing and storage of personal property, motor vehicles, boats, motor homes, furniture, and similar noncommercial property, provided:

The use would not be objectionable because of sights, sounds, odors or traffic congestion.

The ministorage facility is either located behind other commercial buildings that are adjacent to the street or shall meet screening and landscaping requirements. In order to assure continued adequate access to the ministorage facility, the Planning Commission may require dedication of a permanent easement or right-of-way or vehicular access.

(6)

Outdoor recreation and physical fitness areas when associated with indoor athletic clubs and health facilities.

(7)

Passenger terminals for bus or other public transit except airports.

(8)

Any building or group of buildings with a combined gross floor area of greater than 25,000 square feet and located on a lot.

(9)

Any use or combination of uses located in a structure larger than 100,000 square feet in gross floor area. Provisions are established in this section for the Township to accommodate the construction and operation of such uses to the extent and in accordance with such standards that result in the optimum future development of the Township.

Site development uses permitted. Any use permitted by right or by special use permit in the C-1 or C-2 commercial district.

Site development requirements:

Types of structures. All permitted activities shall be conducted entirely within a wholly enclosed permanent building, except as noted in the following:

The parking of customers and employees' vehicles.

ii.

The loading and unloading of commercial vehicles which shall take place directly into or out of a building.

iii.

Temporary exhibitions, provided they are properly licensed as a temporary outdoor use under the provisions of this chapter.

iv.

Gasoline service stations, provided they comply with all design requirements of this Code of Ordinances.

Minimum lot area: five acres.

Minimum lot frontage: 300 feet.

(10)

Adult bookstores, adult motion picture theaters, adult mini-motion-picture theaters, except that no building or land, and no building hereafter erected, converted, or structurally altered, shall be used as an adult bookstore, adult motion picture theater, or adult mini-motion-picture theater if that building or land is located within 400 feet of the property line of any residentially zoned district as defined in this chapter or within 2,640 feet of any public school building or facility, and except that no adult bookstore, adult motion picture theater, or adult mini-motion-picture theater shall be located within 800 feet of any other establishment that is an adult bookstore, adult motion picture theater, or adult mini-motion-picture theater.

Definitions. As used in this subsection:

Adult bookstore means an establishment that has, as a substantial or significant portion of its stock in trade, sexual paraphernalia, books, periodicals, magazines, newspapers, pamphlets, pictures, photographs, motion picture films, and/or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to nudity, sadomasochistic abuse or sexual conduct.

Adult motion picture theater means an establishment, whether in a completely enclosed building or not, that offers, for an admission fee, membership fee, or other valuable consideration, the viewing during more than 25% of its operating hours of motion picture films, pictures or photographs which are distinguished or characterized by their emphasis on nudity, sadomasochistic abuse, or sexual conduct.

Adult theater means an enclosed building or any portion of a building which is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual conduct, nudity, or sadomasochistic abuse by any means of display, including, without limitation, by motion picture, mechanical amusement devices, television, including videotape or closed circuit, or live performance for observation by patrons therein.

Nudity means uncovered or less than opaquely covered postpubertal human male or female genitals, pubic areas or buttocks.

Sadomasochistic abuse means flagellation or torture by or upon a human.

Sexual conduct means any of the following actual or simulated acts of:

Human sexual intercourse, homosexual or heterosexual;

ii.

Human or animal masturbation;

iii.

Bestiality;

iv.

Fellatio;

Cunnilingus; or

vi.

Human excretory functions.

Purpose. In addition to the purpose expressed as the purpose of this chapter, the purpose of the locational requirements of this section is to prevent crime, protect and preserve the quality of life in the Township's retail trade; to maintain property values; to protect and preserve the quality of life in the Township; to preserve areas frequented by children from increased criminal activity and increased blight or other neighborhood deterioration; and to prevent the blighting, downgrading, and deterioration of residential neighborhood and commercial districts.

(11)

Banks, credit unions, savings and loan establishments with drive-through facilities.

(12)

Restaurants or other eating establishments with drive-through facilities which serve food and may serve alcoholic beverages for consumption on the premises or for carryout.

(13)

Drive-in or drive-through uses.

Standards applying to all drive-in or drive-through uses.

Screening.