§ 14.01. Uses permitted.

In all C-2 Districts no building or land, except as otherwise provided in this Ordinance, shall be erected or used except for one (1) or more of the following specified uses:

(a)

All uses permitted in C-1 Districts, except dwellings for one-family, two-family and multiple-family in which the occupants primarily make their home twelve (12) months out of each year. This is not intended to exclude over-night, weekly or monthly transient living quarters.

(b)

Stores and shops for the conducting of a service or retail business, except that the storage of lumber and other building supplies or similar materials for retail sale shall be housed within a substantial building having four (4) side walls and roof, open storage of this or similar material, shall not be permitted.

(c)

Veterinary clinic and dog kennels, when all are enclosed within a building.

(d)

Any service establishment of an office-showroom workshop nature of an electrician, decorator, dressmaker, tailor, baker, printer, upholsterer or an establishment doing radio or home appliance repair, photographic reproduction, and similar service establishments that require a retail adjunct and in which establishments no more than five (5) persons shall be employed at one (1) time in the fabrication, repair, and other processing of goods.

(e)

Theaters, public assembly buildings, bowling alleys, catering establishments, parking lots, publicly owned buildings, conservatories, sales and show rooms, studios, mortuary establishments and tattoo parlors.

(f)

Private clubs and lodge halls licensed by the State of Michigan Liquor Control Commission to sell beer, wine and spirits.

(g)

Class C establishments as defined in Section 2.70 of this Ordinance, Taverns as defined in Section 2.71 of this Ordinance.

(h)

Public utility buildings, telephone exchange buildings, electric transformer stations and sub-stations, and gas regulator stations with service yards but without storage yards, water and sewerage pumping stations.

(i)

Business schools and colleges or private schools operated for profit.

(j)

Automobile repair shops, including body and fender business, provided that such uses are conducted entirely within an enclosed building, and provided further that such establishments are located at least two hundred (200) feet from any residential district or are operated on the premises of and in conjunction with an automobile dealership in a building with appropriate filtering system to prevent emission of paint odors and with a masonry wall facing any such residential district, which shall have sound retarding insulation, shall have no doors other than any door required by law as a fire exit, and shall have no windows but may have glass block areas to transmit light.

(k)

Drive-in restaurant, an establishment whose principal business is to serve food that may be consumed in the building on the premises, on the premises outside the building, or off the premises. Drive-in restaurants shall be permitted upon approval of the Planning Commission, after a public hearing has been held and it is found that the proposed drive-in restaurant meets all the requirements of the Zoning Ordinances and the following standards:

1.

Be so located and designed to eliminate undue congestion in the public streets: (a) be two hundred (200) feet from the intersection; and (b) be limited to two (2) curb cuts and if the property is less than one hundred fifty (150) feet wide, be limited to one (1) curb cut.

2.

Lighting shall be shielded from all adjacent properties and public streets.

3.

Any actual storage areas for refuse or any other uses shall be enclosed or screened from view of the public.

4.

Drive-in restaurant properties shall be completely enclosed with a chain-link fence with a height of four (4) feet; however, when abutting a residential property, a decorative masonry screening wall constructed to a height of six (6) feet shall be provided.

5.

The entire site, other than occupied by the building or structure, shall be landscaped or provided with a permanent durable, and dustless surface having an asphaltic or Portland cement binder, and shall be cleaned and trimmed to dispose of all surface water accumulated on the site.

6.

Devices for the transmission of, or projection of, voices or music shall be so directed or covered as to prevent said sounds or music from being audible beyond the boundaries of the site.

(l)

Public stables and riding academies when located adjacent to existing bridle trails or when bridle trails are constructed and maintained on the same property with the stable or riding academy.

(m)

Cleaning establishments when in compliance with fire regulations and all other city ordinances related thereto.

(n)

Any other use similar in character to the above uses, when it is not obnoxious or offensive to the locality by reason of the emission of odor, fumes, dust, smoke, waste, vibration or noise.

(o)

Accessory buildings and uses customarily incidental to any of the above permitted uses. A storage garage to be used exclusively for the storage of commercial and/or passenger vehicles used by a business or other permitted activity in C-2 Districts.

_____

(p)

Auto wash uses as regulated in this section. Auto washes or motor vehicle laundries shall be divided into three (3) classifications:

1.

Coin-operated self-service. A coin-operated self-service auto wash is defined as an auto wash where a person washes the auto himself after depositing a coin in a machine. A coin-operated self-service auto wash shall be allowed only in C-2, C- 3, M-1 and M-2 zones.

2.

Automatic drive-through. An automatic drive-through auto wash is defined as an auto wash where the person drives the auto through the system and machines wash the auto. An automatic drive-through auto wash shall be allowed only in C-2, C- 3, M-1 and M-2 zones.

3.

Automatic conveyor. An automatic conveyor is defined as an auto wash where the auto is attached to a conveyor to move the auto through the line as it is washed by machines and employees. An automatic conveyor auto wash shall be allowed only in C-3, M-1 and M-2 zones.

A.

Site Design Requirements:

1.

Lot Area:

a.

A coin-operated self-service auto wash shall have a minimum lot area of ten thousand (10,000) square feet with a minimum of one hundred (100) feet of frontage along one (1) major road.

b.

An automatic drive-through auto wash shall have a minimum lot area of fifteen thousand (15,000) square feet with a minimum of one hundred twenty (120) feet of frontage along the major road.

c.

An automatic conveyor auto wash shall have a minimum lot area of twenty thousand (20,000) square feet with a minimum of one hundred fifty (150) feet of frontage along the major road.

2.

Front Yard Setback. All auto washes shall have a minimum of thirty-five (35) feet front yard setback measuring from the proposed right-of-way line established by the City's Master Thoroughfare Plan to the front wall of the building. All other setback requirements provided in this Ordinance for the zoning district where a particular auto wash is located shall apply.

3.

Protective Wall. All auto washes shall have a six-foot high wall, constructed in compliance with the requirements set forth in section 2.26 for decorative masonry walls, when adjacent to an existing residence, a residential district or adjacent to an alley which abuts an existing residence or residential district.

4.

Parking shall be provided to accommodate required stack spaces, dry-off spaces and employee parking defined as follows:

Stack space. A stack space is defined as an area on site where the auto can wait before entering the auto wash. Each stack space shall consist of at least two hundred (200) square feet, with a length of twenty (20) feet and a width of ten (10) feet.

Dry-off space. A dry-off space is defined as an area on site where the automobile can be parked after leaving the wash area so that the auto can be dried off. Each dry-off space shall consist of at least two hundred (200) square feet, with a length of twenty (20) feet and a width of ten (10) feet.

Employee parking space. An employee parking space is an area where an employee may park his/her auto. Each employee parking space shall consist of two hundred (200) square feet, with a length of twenty (20) feet and a width of ten (10) feet.

a.

A coin-operated self-service auto wash shall have a minimum of four (4) stack spaces per bay not including the wash bay spaces; two (2) dry-off spaces per bay in addition to the wash bay space; and one (1) parking space per employee.

b.

An automatic drive-through auto wash shall have a minimum of ten (10) stack spaces per bay or one-half (½) of the maximum total output per hour, whichever is greater; the minimum dry-off spaces equal to the number of spaces required for stack spaces; and one (1) employee parking space for every employee during one (1) shift, when the maximum employees are employed.

c.

An automatic conveyor auto wash shall have a minimum of twenty (20) stack spaces per bay or one half (½) of the maximum total output of vehicles per hour; the minimum dry-off spaces equal to the number required for stack spaces; and one (1) employee parking space for every employee employed during one (1) shift when the maximum employees are employed. The above dry-off space requirements for an automatic drive-through and automatic conveyor auto wash may be reduced by the following formula:

1.

Providing one (1) mechanical drying device per bay reduces the dry-off space requirements by one-half (½) of the required amount.

2.

Providing two (2) mechanical drying devices per bay reduces the dry-off space requirements by one-fourth (¼) of the required amount.

3.

Providing three (3) mechanical drying devices per bay reduces the dry-off space requirements by one-eighth (⅛) of the required amount.

4.

Providing two (2) employees charged with the duty of drying automobiles may be substituted for one (1) drying device mentioned above.

5.

A minimum of two (2) spaces per bay shall be required for dry-off.

5.

Lanes.

a.

Stack space lanes shall be a minimum of ten (10) feet in width with pavement markings painted between lanes. The center line of the lane closest to the auto wash building must be set back a distance perpendicular to the building for the following turns in degrees from the lane to the bay entrance:

0* = 0*

From 0*- 45* = 15'

From and including 45* - 90* = 20'

From and including 90* - 120* = 25'

From and including 120* - 360* = 30'

b.

One (1) escape lane shall be provided to permit circulation through the site without going through the washing process.

c.

Access shall be provided to the escape lane and the dry-off area from the building exits for each auto wash.

Public Road

6.

Lighting . All parking and building mounted lighting installed shall be full cut-off fixtures. All lighting on site shall be shielded and not encroach upon abutting uses and properties. All glare shall be eliminated from all light fixtures. Upward directed lighting is prohibited. Light fixtures shall not exceed twenty (20) feet in height. The site plan shall include full lighting details for the entire site. All other premises lighting proposed shall conform to Edison's Site Lighting Regulations.

7.

Drainage. Catch basins shall be provided at all exits as approved by the engineering division.

8.

Building Operations. All operations shall be conducted within the buildings except for vacuuming and the dispensing of gasoline.

9.

Site Plan Review.

a.

All site plans for an auto wash use shall be reviewed and recommendations made to the Planning Commission by the Traffic Division of the Police Department, the Engineering Division and the Public Services Department to ensure the site design will not result in vehicles backing up into the public right-of-way.

b.

No building permit for an auto wash shall be issued until the Planning Commission has approved a detailed site plan for the auto wash property.

_____

(q)

Outdoor retail sales pursuant to Section 4.45 of this ordinance.

(r)

Pawnshops shall be permitted if the following locational criteria are complied with:

1.

The site for a pawnshop shall be located more than one thousand (1000) feet from the nearest lot line of any of following zoning districts: R-1-A, R-1-B, R-1-C, R-1-P, R- 2, R-3, R-3-A, R-4 or R-5 and any mixed residential zone such as a Planned Unit Development or the Downtown Center; and

2.

To be consistent with the objectives and stated purpose of the Downtown Development Authority Ordinance, Section 2-108 et seq., and the Tax Increment Financing Authority mission statement, pawnbroker businesses as defined in Chapter 6 of the Code of Ordinances shall be prohibited from locating within the Downtown District boundaries as described in Chapter 2 of the Code of Ordinances and from the Van Dyke TIFA Authority District as described in Exhibit A of the Resolution Establishing Tax Increment Finance Authority adopted September 23, 1986.

3.

The site must be located more than one thousand (1,000) feet from the nearest lot line of any of the following land uses within the City of Warren:

i.

Any public or private preschool, elementary school, middle school, junior high school, or high school;

ii.

Any public or private child day care facility licensed by the State of Michigan;

iii.

Any public library;

iv.

Any church, synagogue, mosque, temple or building which is used primarily for religious worship, provided that buildings containing food banks, homeless shelters, emergency shelters, and similar uses shall not be considered a "church, synagogue, mosque, temple or building which is used primarily for religious worship" notwithstanding the fact that worship services may also occur on the property;

v.

Any public park or public recreational area under the control, operation, or management of the department of parks and recreation of the city or any other federal, state, or local municipality, which has been designated for park or recreational activities, including recreation centers, parks, playgrounds, nature trails, swimming pools, athletic fields, basketball or tennis courts, pedestrian/bicycle paths, or wilderness areas.

4.

The pawnbroker business must be located more than one thousand (1,000) feet from the nearest structure used for a pawnshop or other secondhand goods business.

5.

Measurement. For Section 14.01(r)(1) and 14.01(r)(3) measurement shall be made in a straight line from the nearest point on the lot line of the premises containing the principal structure used for the pawnbroker business to the nearest point specified in Section 14.01(r)(1) and 14.01(r)(3). For Section 14.01(r)(4), measurement shall be made in a straight line between the nearest points of the structures used for pawnbroker businesses. Presence of intervening structures or objects shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

6.

Nonconforming uses. Any pawnbroker business lawfully operating on the date this section takes effect that is in violation of 14.01(r), "locational criteria", shall be deemed a nonconforming use.

a.

The nonconforming use shall be permitted to continue as provided in Section 4.17 of this ordinance.

(s)

Sexually oriented business as regulated in this subsection.

1.

Sexually oriented business includes an adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theatre, semi-nude model studio, sexual device shop, or sexual encounter center as defined in Chapter 6 of the Warren Code of Ordinances.

2.

To be consistent with the objectives and stated purpose of the Downtown Development Authority Ordinance, Section 2-108 et seq., and the Tax Increment Financing Authority mission statement, sexually oriented businesses as defined in Chapter 6 of the Code of Ordinances shall be prohibited from locating within the Downtown District boundaries as described in Chapter 2 of the Code of Ordinances and from the Van Dyke TIFA Authority District as described in Exhibit A of the Resolution Establishing Tax Increment Finance Authority adopted September 23, 1986.

3.

Location criteria for sexually oriented businesses. Any sexually oriented business shall be permitted if all of the following location criteria are met:

a.

The site for the sexually oriented business must be located more than seven hundred fifty (750) feet from the nearest lot line of any of the following zoning districts within the City of Warren: R-1-A, R-1-B, R-1-C, R-1-P, R-2, R-3, R-3-A, R-4, R-5, any mixed residential zone such as Planned Unit Development or the Downtown District.

b.

The site for the sexually oriented business must be located more than one thousand (1,000) feet from the nearest lot line of any of the following land uses within the City of Warren:

i.

Any public or private preschool, elementary school, middle school, junior high school, or high school;

ii.

Any public or private child day care facility licensed by the State of Michigan;

iii.

Any public library;

iv.

Any church, synagogue, mosque, temple or building which is used primarily for religious worship, provided that buildings containing food banks, homeless shelters, emergency shelters, and similar uses shall not be considered a "church, synagogue, mosque, temple or building which is used primarily for religious worship" notwithstanding the fact that worship services may also occur on the property;

v.

Any public park or public recreational area under the control, operation, or management of the department of parks and recreations of the city or any other federal, state, or local municipality, which has been designated for park or recreational activities, including recreation centers, parks, playgrounds, nature trails, swimming pools, athletic fields, basketball or tennis courts, pedestrian/bicycle paths, or wilderness areas.

c.

The sexually oriented business structure must be located more than one thousand (1,000) feet from the nearest structure used for a sexually oriented business.

d.

Measurement: For subsections "a" and "b," measurement shall be made in a straight line from the nearest point on the lot line of the premises containing the principal structure used for the sexually oriented business to the nearest point specified in subsection "a" or "b." For subsection "c," measurement shall be made in a straight line between the nearest points of the structures used for sexually oriented businesses. Presence of intervening structures or objects shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

4.

Nonconforming uses. Any sexually oriented business lawfully operating on the date this section takes effect that is in violation of section 3, "locational criteria", shall be deemed a nonconforming use.

a.

The nonconforming use shall be permitted to continue as provided in Section 4.17 of this ordinance.

b.

If two (2) or more sexually oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are nonconforming.

c.

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a use listed in subsection 14.01(s)(3)(a) or 14.01(s)(3)(b) of this chapter within one thousand (1,000) feet of the sexually oriented business.

(t)

Book or stationery store.

(u)

Outdoor Recreational Center provided the outdoor recreation center shall not be open for business or provide activities, services or recreation to members, patrons or other invitees between the hours of 11 p.m. and 5 a.m.

(v)

Arena Recreational Center.

(Ord. No. 30-182, § 1, 8-31-65; Ord. No. 30-283, § 2, 6-25-68; Ord. No. 30-284, § 1, 6-25-68; Ord. No. 30-285, § 1, 7-2-68; Ord. No. 30-462, § 3, 7-9-74; Ord. No. 30-488, § 1, 7-22-75; Ord. No. 30-657, § 5, 4-12-83; Ord. No. 30-659, §§ 4, 5, 7-24-84; Ord. No. 30-726, §§ 7, 8, 9-23-86; Ord. No. 30-805, § 3, 12-26-91; Ord. No. 30-835, § 5, 2-22-94; Ord. No. 30-859, § 4, 3-26-96; Ord. No. 30-879, §§ 1, 2, 8-12-97; Ord. No. 30-900, §§ 1, 2, 10-13-98; Ord. No. 30-943, § 2, 2-24-04; Ord. No. 30-961, § 1, 10-11-05; Ord. No. 30-964, § 1, 3-28-06; Ord. No. 30-1002, § 3, 10-22-13; Ord. No. 30-1026, § 1, 1-10-17; Ord. No. 30-1027, § 3, 5-9-2017)