Zoning Resolution Article 17

GENERAL COMMERCIAL DISTRICT (C-2)

 

 

17.0    Statement of Purpose

 

The C-2 district is designed to accommodate types of businesses, including but not limited to, those uses intended to serve passing motorists, those uses requiring large sites and major shopping centers.  The C-2 district uses are typified by having a majority or the following characteristics:

 

1.      They are large space users.

2.      Their customers do not make frequent purchases.

3.      They combine retail, wholesale, service and repair in various ways.

4.      Their market is regional as contrasted to local.

5.      Their market area is partially dependent upon extending services to other business uses and not necessarily household oriented.

 

17.1    Principal Permitted Uses

 

In a C-2 district, no person shall hereafter use any building, structure or land and no person shall erect any building or structure except in accordance with the following provisions:

 

1.      All principal uses permitted in the C-1 district except that shopping centers shall be subject to the regulations of Article 18.

 

2.      Any service establishment of an office, showroom or workshop nature of an electrician, decorator, dressmaker, tailor, baker, painter, upholsterer; or establishment doing radio or home appliance repair, photographic reproduction and similar service establishments that require a retail adjunct.

 

3.      All retail business establishments conducted within a completely enclosed building except those listed separately as conditional uses in this district.

 

4.      Wholesale business establishments and wholesale distribution centers conducted within a completely enclosed building.

 

5.      Dormitories, fraternities, clubs, lodges, social or recreational buildings.

 

6.      Sales establishments, such as for real estate and insurance conducted within a completely enclosed building, except those listed separately as conditional uses in this district.

 

7.    Repair shops conducted within a completely enclosed building except those listed separately as conditional uses in this district.

 

 8.    Public buildings and uses.

 

 9.    Business schools and colleges or private trade schools operated for profit.

 

10.    Commercial or technical school or training centers.

 

11.    Offices.

 

12.    Restaurants or other places serving food and beverages.

 

13.    Data processing centers.

 

14.    Banks.

 

15.    Research and development facilities.

 

16.    Merchandise service shops.

 

17.    Specialized commercial uses including plumbing, electrical and building supply shops.

 

18.    Theaters, assembly halls, concert halls, or similar places of assembly, conducted completely within an enclosed building.

 

19.    Hotels and motels.

 

20.    Accessory structures and uses customarily incidental to the above permitted uses.

 

17.2    Prohibited Uses

 

            1.  Adult businesses or sexually oriented businesses.

 

            2.  Junk yards.

 

17.3    Conditionally Permitted Uses

 

The following uses shall be permitted by the Township Board of Zoning Appeals pursuant to Article 9 subject to the conditions imposed herein and subject further to the procedure, where applicable indicated in Article 9.

 

1.   Airport

 

            An airport or heliport may be permitted in any district as a special use provided:

 

            a. The area shall be sufficient to meet the Federal Aviation Administration

                requirements for the class of airport proposed.

 

            b. There is no existing obstruction such as towers, chimneys or other tall

                structures, or which would fall within the approach zone to any of the proposed

                airport runways or landing strips.

 

            c. There is sufficient distance between the end of each usable landing strip and

                the boundary to satisfy the requirements of the Federal Aviation  

                Administration, or any other appropriate authority. In cases where air rights or

                easements have been acquired from the owners of abutting properties, in which

                approach zones fall, satisfactory evidence thereof shall be submitted with the

                application.

 

            d. Any building, hangars or other structures shall be at least 100 feet from any

                street or lot line.

 

             e. Adequate space for off-street parking for at least 50 vehicles shall be provided.

                 If, in the opinion of the Board of Zoning Appeals, off-street parking space for

                 more than 50 vehicles will be required, the Board shall increase this

                 requirement.

 

             f. The application for authorization of an airport shall be accompanied by

                 a plan, drawn to scale, showing the proposed location of the airport; boundary

                 lines; dimensions; names of the owners of abutting properties; proposed layout

                 of the runways, landing strips or other areas, taxi strips, aprons, roads, parking

                 areas, hangars, buildings and other structures, trees and overhead wires falling

                 within the airport approach zone and less than 500 feet distance from the

                 boundary lines of the airport, other pertinent data such as topography and

                 grading plan, drainage, water and sewage, etc.

 

             g. The plans or the proposed airport shall be reviewed by the Regional Planning

                 Commission. It shall make a recommendation to the Board of Zoning Appeals

                 which shall include the compatibility of the proposed airport with the master

                 plan for the township and the potential detrimental affects upon the

                 surrounding properties and proposals to eliminate or reduce them.

 

2. Automobile Service and Fuel Stations.                                                                         

 

            a. The curb cuts for ingress and egress to a service station shall not be permitted at

                such locations that will tend to create traffic hazards in the street immediately

              adjacent thereto.  Entrances shall be no less than fifty (50) feet from a street

              intersection (measured from the road right-of-way) or from adjacent residential

              districts.

           

            b. The minimum lot area shall be twenty thousand (20,000) square feet, with

              minimum lot sides of one hundred fifty (150) feet each, and so arranged that

              ample space is available for motor vehicles which are required to wait for

              service.

 

            c. Automobile service stations shall not be located within five hundred (500) feet of

              any school.

 

            d. All lighting shall be shielded from adjacent residential districts.

 

3.  Automotive dealership , Automobile sales or rental of new automobiles

    or trailers , used automobiles permitted only as part of a new automobile dealership.

 

          a. All repairs shall be conducted within a wholly enclosed building.

 

          b. Outdoor areas used for display 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.

 

          c. Point of ingress and egress  to the lot shall be located at least fifty (50) feet from

              the right-away of the  intersection of any two (2) streets.

 

          d. All lighting  shall be shielded  from adjacent residential  districts.

                                   

4.   Car Washes.  Any automatic or manually operated facility used to accommodate the

     laundering of automobiles and construed to be of a commercial operation managed to

     produce a profit.  Standards that apply to car washes are as follows.

 

          a. Public sanitary sewers and municipal water facilities shall be utilized.

 

          b. For drive-through car washes, an escape lane shall be provided as an alternate

              exit route.  Each washing bay shall be provided a stacking lane, as determined by

              the Board of Zoning Appeals.

 

          c. All structures housing washing apparatuses shall be setback fifty (50) feet from

             any rear property line and twenty (20) feet from any side lot lines; provided,

             however, that in the event that the lot fronts on two (2) street right-of-way lines,

             then the setback requirements on the one street frontage shall be fifty (50) feet

             and the setback on the other street frontage shall be fifty (50) feet.

 

5.  Recreation vehicles sales and service, including boats, snowmobiles, travel trailers,

    campers, tents and accessory equipment peculiar to the above; motor vehicles sales and

    service; and farm implement sales and service, subject to the following conditions:

 

           a. All repairs shall be conducted within a wholly enclosed building.

 

           b. Outdoor areas used for display shall be provided with a permanent, durable and

               dust-less surface and shall be graded and drained as to dispose of all surface

               water accumulated within the area.

 

           c. Point of ingress and egress to the lot shall be located at least fifty (50) feet from

               the right-of-way of the intersection of any two (2) streets.

 

           d. All lighting shall be shielded from adjacent residential districts.

 

 

6.  Any business of a drive-in nature or so called open front store or open air business,

    subject to the following conditions:

 

            a. A setback of at least sixty (60) feet from the right-of-way line of any existing or

                proposed street must be maintained.

 

            b. Ingress and egress points shall be located at least fifty (50) feet from the right-

                of-way of the intersection of any two (2) streets.

 

            c. All lighting shall be shielded from adjacent residential districts.

 

            d. A completely opaque wall at least six (6) feet high shall be provided when a

               butting or adjacent to any residential district.

 

 

7.  Open air commercial amusements, including but not limited to miniature golf courses,

    batting cages, and mini race car or go-cart tracts, subject to the following conditions:

 

            a. Such uses shall not have an adverse impact on surrounding properties.

 

            b. Such uses shall be appropriately screened from adjacent properties with

                landscaping, a wall or wood privacy fencing so as to reduce potential noise,

                glare and vehicular and pedestrian traffic congestion.

 

 

8.  Veterinary hospitals or clinics, subject to the following conditions:

 

            a. All activities must be conducted within a totally enclosed building.

 

            b. All abutting property must be non-residentially zoned.

            c. Sanitation practices shall be adequate to ensure that objectionable odors shall

               not be noticeable on or off the lot considering various wind conditions.

 

            d. No dead animals shall be buried on the premises and incineration of dead

                animals shall not create odors or smoke.

 

            e. Veterinary hospitals or clinics shall be designed, constructed and maintained so

                that sound emitted through exterior walls and roofs enclosing areas where

                animals are treated or kept during treatment shall not exceed 45 decibels.

                Building plans submitted for building permit application for veterinary

                hospitals or clinics shall include a certificate by a registered architect or

                acoustical engineer that the building will meet these requirements.  Existing

                buildings that are to be used as veterinary hospitals or clinics shall also be

                certified by a registered architect or acoustical engineer as complying with the

                requirements.

 

9.  Indoor recreational uses such as bowling alleys, billiard halls, indoor archery ranges, or

    indoor skating rinks, arcades, haunted houses, haunted house theaters, indoor go cart

    tracks or similar forms of indoor recreations shall be located one hundred (100) feet

    from any front, rear or side yard of any residential lot in an adjacent residential district,

    subject to the following conditions:

 

            a. All activities shall be conducted within a wholly enclosed building.

 

            b. Point of ingress and egress to the lot shall be located at least fifty (50) feet from

                right-of-way of the intersection of any two (2) streets.

 

            c. All lighting shall be shielded from adjacent residential districts.

 

            d. Screenings and plantings to buffer any adjacent residential areas are required.

 

            e. Protection of abutting properties and Township amenities from any undue

               disturbance caused by excessive or unreasonable noise, smoke, vapor, dust

               odors, glare, storm water runoff, hazardous materials, etc.

10.  Mini-storage buildings, subject to the following conditions:

 

            a. No lot shall be less than two (2) acres in size.

 

            b. The lot shall abut and gain direct access to a local non-residential, collector, or

                arterial street as specified in the Major Thoroughfare Plan.

 

            c. Storm-water management shall be incorporated into the site plan for a mini-

                storage building so that storm-water run-off from the site will not increase as a

                result of the proposed development.  The facility shall be designed to control

                 the storm-water run-off from at least a 25-year return frequency storm as

                 certified by a professional engineer.

 

            d. No business activity other than rental of storage units shall be conducted on the

                premises and no outside storage will be permitted.

 

            e. All outdoor lighting shall be shielded to direct light and glare only onto the

                mini-storage premises and may be of sufficient intensity to discourage

                vandalism and theft.  Said lighting and glare shall be deflected, shaped and

                focused away from all adjoining property.

 

            f. Building setbacks shall be as follows:

 

                Front Yard Setback:     Not less than 25 feet on which parking and internal

                                                     drives are prohibited.

                Side Yard Setback:       Not less than 12.5 feet on which all parking and

                                                      internal drives are prohibited.

                Rear Yard Setback:          Not less than 12.5 feet on which all parking and

                                                      internal drives are prohibited.

 

            g. The storage facility shall be enclosed by a six (6) foot high, completely opaque

                fence.  Said fence shall be solid or semi-solid and constructed to prevent the

                passage of debris and light and wood or similar materials.  Chain link fence

                may be used so long as it has slats installed to prevent the passage of light

                through the unit.  Said fence shall be setback six (6) feet from the side property

                lines and rear property line.  When a rear yard setback is not required, a lesser

                setback for a fence can be granted.  Fences shall also be set back twenty-five

                (25) feet from the front property line.

 

            h. Landscaping shall be provided in the areas between the property line and the

                required fencing.  Landscaping shall consist of a variety of hardy evergreen

                planted material consisting of trees, low-medium-and high-profile shrubs,

                together with suitable groundcover such as native grasses, bark ornamental

                gravel or a combination thereof.  The landscaping shall be designed, placed and

                maintained in such a manner that no wall, fence, sign or other structure or plan

                growth of a type that would interfere with traffic visibility shall be permitted or

                maintained higher than three (3) feet above curb level, within fifteen (15) feet

               of the intersection of any street right-of-way line or driveway.

             

            i.  Parking shall be provided at a ratio of one space for each two thousand (2,000)

                square feet of gross building area, plus two (2) spaces for the manger.  One

                additional space shall be provided for each additional employee.  Internal drives

                and parking shall be paved or provided with a hard, dustless surface satisfactory

                to the Township.

 

            j.  Building heights shall be limited to one story (not to exceed fourteen (14) feet

                at the eaves). 

 

            k.  Signs shall be limited to one ground sign at the entrance to the premises.  Not

                 more than thirty-two (32) square feet shall be permitted with a maximum

                 height of ten (10) feet.  This provision shall control any and all contrary or

                 conflicting provisions of the sign regulations of Article 25.

 

            l.  No facility herein provided for shall be used or maintained unless or until an

                on-site manager shall be provided for such facility.  Failure to provided such a

                manager shall be grounds for revocation of the conditional use permit.

 

            m. The sale of any item from or at a mini-storage building is specifically

                 prohibited.  It shall be unlawful for any owner, operator or lessee of any

                 storage warehouse or portion thereof to offer for sale, or to sell any item of

                 personal property or to conduct any type of commercial activity of any kind

                 whatsoever other than leasing of the storage units.

 

            n.  Because of the danger from fire or explosion caused by the accumulation of

                 vapors from gasoline, diesel fuel, paint, paint remover and other flammable

                 materials, the repair, construction or reconstruction of any boat, engine, motor

                 vehicle or furniture and the storage of any propane or gasoline engine or

                 propane or gasoline storage tank or any boat or vehicle incorporating such

                 components if prohibited within any structure on a tract of land designated as a

                 residential storage warehouse.

 

            o.  Any violation of the regulation regarding mini-storage buildings shall be

                 grounds for the revocation of the conditional use permit and shall also be

                 considered to be in violation of this zoning resolution.

 

            p.  Human habitation of mini-storage units is prohibited.

 

11.  Fireworks.

           

      Any business handling fireworks must meet the following provisions:

 

            a. Any use permitted herein shall be developed only on sites of at least ten (10)

                acres in area.

                       

            b. No building or other use of land, except landscaped passive areas shall be

                situated within two hundred (200) feet off any property line.

            

            c. A permit has been obtained from the appropriate Vermilion Township Fire

                Department Official as described in P2800.2 of the Vermilion Township Fire

                Code.

 

12.  Golf courses and driving ranges, subject to the following conditions:

 

            a. All buildings and structures shall be at least thirty (30) feet from all property

                lines.

 

            b. A minimum of two (2) off-street parking spaces shall be provided for each

               driving tee and putting green.  Additional spaces shall be furnished for other

               uses in conjunction with the range.

 

            c. All drives and parking areas shall be surfaced with a hard, durable material and

                properly drained.

 

            d. All lights shall be directed away from site boundary lines.

 

            e. Fences, plantings or sufficient area shall be provided to insure the safety and

                protection of persons on all adjacent land.

 

            f. All driving directions shall be away from any street or highway.

 

13.  Planned shopping centers, subject to the following conditions:

 

            a. A planned shopping center when used in this context is a commercial

               development which as been designed, developed and operated as a unit and can

               satisfy the following criteria; a site exceeding ten (10) acres; at least twenty (20)

               stores and a floor area of at least fifty though ant (50,000) square feet.

 

            b. A planting strip of at least ten (10) feet wide shall be provided around the entire

               perimeter of the site except for driveways onto the public street system.  A wall

               not less than five (5) feet high may be required along those property lines which

               abut a residential district.

 

            c. No main or accessory building shall be situated less than one hundred (100) feet

                from any residential district boundary except that such buildings may be

                situated within twenty (20) feet of a non-residential district boundary.

 

            d. A landscape plan which includes the entire site shall be submitted for approval

                to determine compliance with screening and planting strips.

 

            e. On-site pedestrian and vehicle circulation shall be designed to limit traffic

                hazards.

 

            f. Internal landscaping shall be provided in parking lots containing twenty-five

               (25) spaces or more.

 

            g. The maximum grade of off-street parking shall be three percent (3%).

 

            h. A site plan must be submitted subject to the provisions of 22.19.

 

14.  Residential use in conjunction with commercial use provided the following conditions

      are met:

 

            a. One dwelling unit may be permitted in conjunction with a commercial use.

 

            b. The permitted dwelling unit may only be occupied by the owner/operator of the

                commercial use.

 

            c. Off-street parking must be provided for the dwelling unit in accordance with

                Section 24.9 of this code.

 

            d. The dwelling unit must be a minimum of 450 square feet in floor area.

 

            e. The dwelling unit, if attached to the commercial use, must meet the same

                setback requirement as the commercial use.  If detached, the dwelling unit must

                meet the same setback requirements as single-family dwellings in the “R-1B”

                District.

           

15. Outside display and storage of goods and merchandise.

 

            a. Outside displays of goods and merchandise shall not be located closer than ½ of

                the front yard setback to any street right-of-way-line and 50 feet from any

                residential property it shall not employ any residential property it shall not

                employ any elements that use motion to attract attention.  All outside storage

                areas must be screened and buffered from any residential area.  All outside

                storage areas must be secured by a fence or wall.

 

16. Transmitter/Receiver Towers

 

      Transmitter towers and accessory buildings used only in connection with the

      operation of the transmission of radio, facsimile, or television broadcasting after plan

      for the location of such structures and the method of operation shall have been

      approved by the Zoning Inspector when in compliance with the following regulations:

 

             1. No building or structure other than the aforesaid accessory buildings shall be

                 located or proposed to be located within a circle having the transmitter tower

                 as its center and a radius equal to twenty percent (20%) of the height of the

                 tower or one hundred (100) feet, whichever is the greater.

 

             2. No building or structure other than the aforesaid accessory buildings shall

                 be located in an area twenty (20) feet each side of the radial line between the

                center of the Transmitter tower and each guy anchorage.

 

             3. No tower guy anchor and approved enclosure for the same shall be located

                 closer than thirty (30) feet to any lot line, street line, or street line extended if

                 the adjacent lot or parcel is used or intended to be used for residential

                 purposes.

 

17. Cellular Telephone Communications Service

 

      The telecommunications tower shall be considered a conditionally permitted use in

      Commercial and Industrial Zones and shall be permitted only if the Board of Zoning

      Appeals finds upon application and hearing that in addition to any other conditions

      which are applied generally to conditionally permitted uses by this resolution that all

      of the following  provisions have been met:

 

            a. The base of such tower shall be surrounded by a fence eight (8) feet in

                height with a locked gate and located as close as is practical to the tower.

 

            b. The base of said tower and any accessory buildings shall be inside of the fence

                and shielded by a greenbelt of living plant material well maintained and

                replanted as necessary in order to provide year around obstruction from the

                public view.

 

             c. No lights shall be permitted on the tower except those specifically required by

                state or federal law or regulations.

 

            d. The site shall be a minimum of the height of the tower from the nearest

                parcel of land used for residential  purposes.

 

            e. The minimum setback line between the base of the tower and all adjacent

                 properties shall be the height of the tower.

 

17.4    Development Standards

 

            Minimum Lot Area                                        1 acre

            Minimum Lot Frontage                                 100 feet

            Minimum Front Yard Setback                      35 feet 

            Minimum Side Yard Setback                       20 feet

            Minimum Rear Yard Setback                      40 feet

            Minimum Setback for Corner Lots              Half the required front yard setback

            Maximum Height                                           70 feet  Buildings above two stories

or  40 feet shall have sprinkler systems in accordance with Township Fire Code.

 

            Knox-Box Rapid Entry System installed.

            Sidewalks: Pedestrian concrete sidewalks six (6) feet wide, the width of the

            frontage, located behind road-right-of-way or as designated by the Zoning Inspector.

 

17.5    Site and Landscape Plan Review

 

For uses permitted in the C-2 district, a site plan shall be submitted to the Township Board of Appeals for its review and recommendations.  The Board of Appeals in its review of the site plan, shall have regard to the provisions of this resolution.  The board may require certain modifications in terms of the location of buildings, parking and driveways may require screening and landscaping techniques to ameliorate potential nuisance problems with adjoining districts or uses or to lessen the transmission of noise from the public street system.  A site plan must be submitted in accordance with the provisions of Article 22, Section 22.19.

 

17.6    Screening/Buffering

 

To assist in the prevention of the transmission of light and noise from within any commercial district into any abutting residential district, screening shall be required where such district abuts or is contiguous to any residential district, without an intervening alley or other public way.  Such screening shall be provided within the commercial district, but not within a public street or alley, along the entire contiguity of said districts.  Screening shall be of opaque or translucent materials resistant to deterioration by natural causes, or it shall be of such plant materials as will provide a year round evergreen screening.  Screening as provided herein shall not be less than six (6) feet in height, shall be provided from the grade of the property upward and shall be permanently maintained.  A minimum of a one hundred (100) foot buffer shall be provided adjacent to residential districts.

 

Screening or buffering must also be in compliance with the provisions of Article 22.18.

17.7    Required Parking

 

            As specified in Article 24.

 

17.8    Signs

 

            As specified in Article 25.

 

17.9    Supplementary District Regulations

 

            As specified in Article 22.

 

17.10  Special Regulations

 

            As specified in Article 23

 

17.11  Accessory Structures

 

            1.   Where the accessory structure is attached to a main building it shall be subject to and must conform to all regulations of this resolution applicable to the main building.

 

            2.   Except as otherwise provided herein, no accessory structure or use shall be erected or carried on in the required front yard.

 

            3.   A detached private garage or other accessory structure may be erected and used in the interior side or rear yard provided that:

 

                  a.   When such accessory structure is located in the rear yard, a minimum side and rear yard of thirty (30) feet shall be maintained.

                  b.   In no case shall an accessory structure be closer than twenty (20) feet to any street line or alley.

 

                  4.   An accessory building shall be a minimum distance of fifty (50) feet from any main building(s).

 

                  5.   No accessory structure shall be used for human habitation.

 

                  6.   Accessory structures must be subordinate in area to the principal use.

 

                  7.   The maximum height of any accessory structure shall be thirty-five (35) feet