[Code 1975, § 39-76; Code 1992, § 32-326]
The CBD Central Business District is intended to permit a variety
of commercial, administrative, financial, civic, cultural, residential,
entertainment and recreational uses in an effort to provide the harmonious
mix of activities necessary to further enhance the CBD District as
an urban center.
[Code 1975, § 39-77; Code 1992, § 32-327; 2-25-1991 by Ord. No. 998; 7-26-1993 by Ord. No. 1042; 8-13-2001 by Ord. No.
1188; 10-22-2007 by Ord. No. 1280; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005; 6-26-2017 by Ord. No. 17-008; 8-14-2017 by Ord. No. 17-009; 3-25-2019 by Ord. No. 19-003]
In the CBD District, no uses shall be permitted unless otherwise
provided in this chapter, except the following:
(1)
All principal permitted uses in the C-1 District. Arcades are only allowed as an accessory use to the principal business and are not allowed as the main use. Tattoo parlors or tattoo establishments, as defined in § 52-5, Definitions R through Z, are allowed with a current body art facility license from the State of Michigan. A current license for the location in the City of Port Huron must be kept on file with the City Planning Department. Tattoo parlors or tattoo establishments must comply with all required zoning and building code regulations, fire code regulations and any other applicable federal, state and local codes or ordinances. A tattoo parlor or establishment is prohibited if the property line of said use is within a five-hundred-foot radius of the property line of another tattoo parlor or establishment.
(2)
Theaters, assembly halls, concert halls or similar places of assembly
when conducted completely within enclosed buildings.
(3)
Newspaper offices and printing plants.
(4)
Business and professional offices.
(5)
Government buildings and facilities including City or county jails
when residing in the same building as a police or sheriff department.
(6)
Other uses which are similar to Subsections (1) through (5) of this section and subject to the following restrictions:
a.
All business establishments shall be retail or service establishments
dealing directly with consumers. All goods produced on the premises
shall be sold at retail from the premises where produced.
b.
All business, servicing or processing, except for off-street parking
or loading, shall be conducted within completely enclosed buildings.
c.
Storage of commodities shall be within buildings and shall not be
visible to the public from a street or thoroughfare.
(7)
Second- or third-story apartments above existing commercial uses. All living quarters must meet other City codes. Dwelling units are not permitted on the ground floor or basement level. Parking provisions for tenants must be provided as part of the permit process and in accordance with § 52-772. Dwelling unit sizes and number of dwelling units per land size shall be in accordance with the A-2 zoning district, per Division 16, Schedule of Regulations.
(8)
Off-street parking lots and structures.
(9)
Any use which is not ordinarily allowed in the CBD may be permitted
by the City Planning Director as a temporary use which is part of
a registered and planned convention or exhibition reserved at McMorran
Place, a sports and entertainment center owned and operated by the
City of Port Huron. A "temporary use" shall be defined as less than
10 contiguous days.
(11)
Existing single-family residential dwellings. These dwellings can remain "as is" or be renovated within the walls of the existing structure. The footprint of the structure cannot be increased. An accessory building can be constructed on the property in accordance with § 52-676, Accessory buildings. If damaged by fire, wind, or other accidental means, where the damage exceeds 50% of the state equalized value (SEV), the dwelling can be rebuilt as single-family residence if it is rebuilt within the same footprint and dimensions of the original dwelling. Without prior existence, no new single-family residence may be constructed in the CBD on a vacant lot, unless the residence is on the second or third floor of a new building with a commercial use on the first floor, or unless it is replacing a multifamily structure.
[Code 1975, § 39-78; Code 1992, § 32-328; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 1-23-2006 by Ord. No.
1257; 10-22-2007 by Ord. No. 1280; 6-25-2012 by Ord. No. 1337; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005; 9-10-2018 by Ord. No. 18-017]
The following uses may be permitted in the CBD District subject
to site plan approval and the conditions imposed and subject further
to the approval of the Planning Commission:
(1)
Waterfront uses customarily incidental to recreational boating facilities,
including sales, service and mooring facilities, as specified in Division
10 of this article.
(2)
Permanent open air uses such as fruit and vegetable markets, provided
that such uses do not conflict with surrounding uses, do not create
traffic congestion, and are in accordance with the intent of the CBD
District.
(4)
Multifamily residential development of three stories or less by definition, and per the requirements of Article III, Division 4 of this chapter, off-street parking is required in accordance with the requirements of Article VI of this chapter for multifamily use. One building may be allowed on the property, if there will be 10 or more owner-occupied units in the structure or with approval from the Planning Director. Commercial use can occupy the first floor with a special permit from Planning Commission. Setbacks, building unit size, and lot density applicable to the A-2 Zoning District shall apply per Division 16, Schedule of Regulations. Setbacks can be waived with a variance from the Zoning Board of Appeals.
(6)
Kennels; pet boarding facilities; animal shelters; or animal humane
societies. The primary shelter and sleeping accommodations for the
animals shall be indoors. Outdoor pet activity areas which are supervised
are allowed and shall be screened by a minimum six-foot-high solid
screening fence or wall. Landscaping must be maintained between the
fence/wall and the property line. The animals must be kept in a clean
sanitary condition and must be kept in an air-conditioned and/or heated
area. The animal must be fed and watered. The City Animal Control
Officer will have the right to inspect the business at will to check
living accommodations.
(7)
A certified, registered residential rental unit that is rented for less than 30 days, such as a vacation rental, home sharing, or any other transient residential occupancy as defined by this chapter, is allowed after special approval and a public hearing of Planning Commission. The unit must be a certified residential rental unit in conformance with Chapter 10, Article V, Rental Certification, of the City Code of Ordinances. Parking must conform to Article VI of this chapter.
(8)
Independent or assisted living facilities. The apartment unit sizes
and number of dwelling units per land size shall be in accordance
with the high-rise apartment requirements as required in the A-2 Zoning
District, per Division 16, Schedule of Regulations. If state licensed,
the facility does not have to follow the City Zoning Ordinance regulations
for apartment unit sizes.
[Code 1975, § 39-79; Code 1992, § 32-329; 10-10-2005 by Ord. No. 1253]
For all uses permitted in the CBD District wherein a new building, change in the footprint of the building (new addition), or parking requirement change is necessary, and for all permitted uses after special approval, a site plan shall be submitted, and no building permit shall be issued until the site plan has been approved by the Planning Commission in accordance with § 52-697.
[Code 1975, § 39-80; Code 1992, § 32-330]
Area, height, bulk and placement requirements in the CBD District, unless otherwise specified, are as provided in § 52-621 pertaining to the Schedule of Regulations.[1]
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
[Code 1975, § 39-80.5; Code 1992, § 32-331; 5-24-2010 by Ord. No. 1311]
(a)
Preamble. Adult businesses, because of their very nature and when
concentrated under certain circumstances, have certain operational
characteristics causing serious and deleterious effects upon the surrounding
areas and between such areas. It is therefore necessary that such
uses and the effects thereof will not contribute to the blighting
of or the downgrading of the surrounding neighborhood; therefore,
this section is enacted for the purposes of regulating the location
of such businesses and so as to prevent the concentration of such
uses in any one location within the City.
(b)
ADULT BOOKSTORE or ADULT GIFT STORE
ADULT ENTERTAINMENT BUSINESS
ADULT LIVE CONDUCT ACTIVITY
ADULT LIVE CONDUCT BUSINESS
ADULT MOTION-PICTURE THEATER
ADULT PERSONAL SERVICE BUSINESS
NUDE
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
A business having as its principal activity the sale of books,
magazines, newspapers and motion-picture films or adult gifts or novelties
which are characterized by their emphasis on portrayals of human genitals
and pubic regions or acts of human masturbation, sexual intercourse
or sodomy.
A business having as its principal service or activity one
of the following types of businesses: adult bookstore, adult motion-picture
theater, adult mini motion-picture theater, adult personal service
business.
Any work or entertainment activity carried on in a business
where the physical human body is nude, as defined in this subsection.
A business, any part of which service or function consists
of adult live conduct activity as defined in this subsection, whether
as work assignment or entertainment.
An enclosed building with a capacity of 50 or more persons
used for presenting material, for observation by patrons therein,
distinguished or characterized by an emphasis on matter depicted,
describing or relating to specified sexual activities or specified
anatomical areas, as defined in this section.
A business, the activities of which include a person of one
sex, while nude, as defined in this subsection, providing personal
services for another person on an individual basis in a closed room.
It includes, but is not limited to, the following activities and services:
massage parlors or massage establishment, exotic rubs, modeling studios,
body painting studios, wrestling studios, individual theatrical performances.
It does not include activities performed by persons pursuant to and
in accordance with licenses issued to such persons by the state.
[10-24-2016 by Ord. No.
16-005]
Having less than completely and/or opaquely covered:
For the purposes of the definitions of the terms "adult motion-picture
theater" and "adult personal service business" in this subsection,
means:
For the purposes of the definitions of the terms "adult motion-picture
theater" and "adult personal service business" in this subsection,
means:
(c)
Locations of adult entertainment businesses and adult live conduct
businesses. An adult entertainment business and adult live conduct
business may be located in the City only in accordance with the following
restrictions:
(1)
Such businesses shall only be located in a district classified
pursuant to this chapter as the CBD District.
(2)
No such business shall be established within 500 feet of another
adult entertainment business, adult live conduct business, residence,
government building, cultural building, civic building or church.
(d)
Use regulations. Use regulations are as follows:
(1)
No person shall reside in or permit any person to reside in
the premises of an adult entertainment business or adult live conduct
business.
(2)
No person shall operate an adult personal service business unless
there is conspicuously posted in each room where such business is
carried on a notice indicating the prices for all services performed
by such business. No person operating or working at such a place of
business shall solicit or accept any fees except those indicated on
any such notice.
(3)
No person operating an adult entertainment business or adult
live conduct business shall permit it to be used for acts of prostitution
or to be frequented by known prostitutes who have been convicted of
the act of prostitution within the last 24 months and any customers
convicted of being customers of prostitutes within the last 24 months.
(4)
No person shall operate an adult personal service business without
obtaining a current code compliance license. Such licenses shall be
issued by the administrator or the administrator's designee following
an inspection to determine compliance with this Code and upon payment
of a license fee as set by resolution of the City Council from time
to time. Such a license shall be subject to the regulations contained
in this chapter.
(5)
No person operating an adult entertainment business or adult
live conduct business shall permit any person under the age of 18
years to be on the premises of such business either as an employee
or customer.
(6)
No person shall become the lessee or sublessee of any property
for the purpose of using such property for an adult entertainment
business or adult live conduct business without the express written
permission of the owner of the property for such use.
(7)
No lessee or sublessee of any property shall convert that property
from any other use to an adult entertainment business or adult live
conduct business without the express written permission of the owner
of the property for such use.
