Municipal Code

CHAPTER 1256 C 1 Commercial District

1256.01 Statement of purpose.
1256.02 Permitted uses.
1256.03 Accessory uses, buildings and structures.

1256.04 Site plan review.
1256.05 Protective screening.
1256.06 Area, height, bulk and placement requirements.


CROSS REFERENCES
Regulation of land development and the uses of land and structures by local authorities - see M.C.L.A. 125.3201
Authority to zone - see M.C.L.A. 125.3202
Uses of land or structures not conforming to ordinances; powers of legislative bodies; acquisition of property - see M.C.L.A. 125.3208
Off-street parking and loading - see P. & Z. Ch. 1262
Nonconforming uses and buildings - see P. & Z. Ch. 1264
Natural buffer zones - see P. & Z. Ch. 1266
Supplementary regulations - see P. & Z. Ch. 1268



1256.01 STATEMENT OF PURPOSE.
The C 1 Commercial District, as established in this chapter, is intended to permit retail business and service uses. In order to promote such business development so far as is possible and appropriate in each area, uses are prohibited which would create hazards, offensive and loud noises, vibration, smoke, glare, heavy truck traffic or late hours of operation. The intent of this District is also to encourage the concentration of local business areas to the mutual advantage of both the consumers and merchants and thereby promote the best use of land at certain strategic locations and avoid the continuance of encouraging marginal strip business development along major streets.
(Ord. 101. Passed 2 20 70.)

1256.02 PERMITTED USES.
In the C 1 District, the following uses are permitted:
(a) All uses permitted in the RO 1 District.
(b) Automobile service stations, subject to the requirements of Section 1268.15.
(c) Bake shops, provided that at least seventy-five percent of all baked goods produced on the premises are sold on said premises at retail, and further provided that floor area used for bakery production shall be limited to 500 square feet per establishment.
(d) Bank, savings and loan, brokerage or other type of financial institution.

(e) Barber shop.
(f) Beauty shop.
(g) Clothes pressing and repair.
(h) Custom dressmaking, millinery and tailoring.
(i) Household furniture and appliance shops.
(j) Institutions and establishments of a philanthropic or charitable nature, but not including car washes, credit unions and other related activities operated or sponsored by such institutions or establishments.
(k) Laundry agency or dry cleaning agency and hand laundry, except laundry and dry cleaning establishments with customer-operated equipment.
(l) Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations.
(m) Repairs to electrical or other household appliances, locks, radios, televisions, shoes, time pieces and the like.
(n) Restaurants, but not including drive-in or drive-thru restaurants.
(o) Carry-out restaurants.
(p) Outdoor dining, subject to the provisions in Section 1268.33.
(q) Retail food stores.
(r) Shops or stores for the retail sale of art supplies, beverages, confections, delicatessen, drugs, dry goods, flowers, food stuffs including meats, gifts, hardware, jewelry, leather goods, music, notions, paint, periodicals, sewing machines for households only, sports goods, stamps or coins, stationery, sundry, small household articles, tobacco or wearing apparel.
(s) Accessory structures, uses and signs customarily incidental to the above permitted uses in accordance with Section 1268.13, subject to the following restrictions:
(1) Outdoor advertising signs, only when pertaining to the sale, rental or use of the premises on which they are located, or to goods sold or activities conducted thereon, shall be displayed flat against the front or side elevation of the building and shall not project above the roof line. (See also Chapter 1474 of these Codified Ordinances.)
(2) Garages to be used exclusively for the storage of passenger motor vehicles and/or commercial vehicles of less than one and one-half ton capacity, which are to be used in connection with a business or other use permitted and located in a C 1 District.
(t) Off-street parking and loading, in accordance with the requirements of Chapter 1262, provided that, on or after December 5, 2005:
(1) No new parking or loading area shall be established on a parcel unless a principal permitted structure is first constructed on the parcel, and
(2) No new parking or loading facilities shall be located in the front yard (between the front face of the building and the street) except by special approval. Where front yard parking is proposed, the applicant must demonstrate to the satisfaction of the Planning Commission and Village Council that:

A. No other reasonable and safe location for parking exists on the site and that front yard parking can be provided without compromising vehicular or pedestrian traffic safety; and
B. The proposed parking satisfies the special approval criteria in Section 1268.32.
(Ord. 101. Passed 2 20 70; Ord. 2000 87. Passed 9 11 00; Ord. 2005 10. Passed 11 14 05; Ord. 2009-02. Passed 5-11-09.)

1256.03 ACCESSORY USES, BUILDINGS AND STRUCTURES.
The following accessory uses, buildings and structures shall be permitted in the C-1, Commercial District, subject to Section 1268.13:
(a) Outdoor advertising signs, only when pertaining to the sale, rental or use of the premises on which they are located, or to the goods sold or activities conducted thereon. Such signs shall be displayed flat against the wall on the front or side elevation of the building and shall not project above the roof line (see also Chapter 1474 of the Codified Ordinances of the Village).
(b) Garages to be used exclusively for the storage of passenger motor vehicles and/or commercial vehicles less than one and one-half ton of capacity, which are to be used in connection with a business or other use permitted in a C-1 District.
(c) The Village of Franklin encourages the development and use of alternative energy sources, such as energy generated by solar and wind facilities, provided that the devices to generate, process and store the energy are safe and will cause no harm to the well-being of adjacent residents or businesses or the neighborhood as a whole. Solar and wind energy facilities, whether freestanding or attached to the principal building, are considered accessory structures and require site plan review and special use approval.
(Ord. 2010 05. Passed 5 10 10.)

1256.04 SITE PLAN REVIEW.
For all uses permitted in a C 1 District, there must be site plan review as required under Section 1268.30.
(Ord. 101. Passed 2 20 70; Ord. 2010 05. Passed 5 10 10.)

1256.05 PROTECTIVE SCREENING.
Protective screening for C 1 Districts adjacent to or near Residential Districts shall be in compliance with the regulations set forth in Sections 1268.27 and 1268.29.
(Ord. 101. Passed 2 20 70; Ord. 2010 05. Passed 5 10 10.)

1256.06 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS.
Area, height, bulk and placement requirements for the C 1 District shall be as established in the schedule provided in Appendix B following the text of this Zoning Code.
(Ord. 101. Passed 2 20 70; Ord. 2010 05. Passed 5 10 10.)