§ 10.01. B-1 Limited Retail Business District.

1.

Purpose. The B-1 District is established to provide areas for a wide range of retail stores and personal service establishments which are desirable to provide for both day-to-day and occasional shopping needs.

2.

Permitted Uses. The following retail business and service uses are permitted, provided they are operated entirely within a building—except for off-street parking and loading facilities:

Apparel shops.

Art and school supply stores.

Art galleries and studios, on other than the main floor.

Auto accessory store, where there is no driveway entrance across the sidewalk into the main building.

Bakery shops, including the baking and processing of food products when prepared for retail sales on the premises only.

Banks and financial institutions, including drive-in teller facilities.

Billiard and pool rooms, dance halls, gymnasiums, meeting halls, lodge halls, fraternal organizations and clubs, provided they are located in a basement or above the first floor and above a business use permitted in this section, or said uses may be located on the ground floor when permitted business establishments occupy street frontage except for an entranceway to the rear use.

Book and stationery stores.

Barber shops, beauty parlors, chiropody, massage or similar personal service shops.

Candy and ice cream shops.

Camera and photographic supply shops for retail sale.

Carpet, rug and linoleum stores.

Catalog offices for mail order stores.

China and glassware stores.

Coin and philatelic stores.

Currency exchanges.

Custom dressmaking, millinery, tailoring or shoe repair shops, when conducted for retail sales on the premises only.

Department stores.

Dry-goods stores.

Drug stores.

Dry cleaning and pressing establishments, when employing facilities for the cleaning and pressing of not more than seventeen hundred and fifty (1750) pounds of dry goods per day, and when using perchlorethylene or other similar non-inflammable solvents approved by the Fire Department.

Dwelling units, when business uses, premises designed for such uses, or off street parking occupy the ground floor; provided that all of the lot area, parking requirements and other regulations affecting residential development, as set forth in the R-4 district, are complied with and provided that property affected is located within the area described in Section 13.02-1(d) of this Ordinance. (Ord. No. 84-O-017, § 1, 6-4-84)

Electrical appliance stores and repairs, but not including appliance manufacture or assembly.

Florist shops and conservatories for retail trade on the premises only.

Food, meat and fruit stores.

Frozen food stores and food lockers.

Furniture store, and upholstery, when conducted as a part of the retail operations and secondary to the main use.

Furrier, when conducted for retail trade on the premises only.

Garden supply store.

Gift shops.

Hardware stores.

Haberdasheries.

Hobby stores.

Household appliance stores and repair.

Interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles, when conducted as a part of the retail operations and secondary to the main use.

Jewelry and watch sales and repair shops.

Laundries, automatic, self-service types, or hand.

Leather goods and luggage stores.

Loan offices and finance companies, on other than the main floor.

Meat markets.

Millinery shops.

Musical shops.

Musical instrument sales and repair, retail trade only.

News stand.

Offices, business and professional, including medical clinics.

Optician, optometrist.

Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles.

Package liquor stores.

Paint and wallpaper stores.

Parking lots and garages, other than accessory, and subject to the provisions of Section 13.00.

Photography studios, including the development of film and pictures when done as a part of the retail business on the premises.

Postal substations.

Public utility collection offices.

Radio and television broadcasting stations, on other than the main floor.

Restaurants, tearooms or cafe, when the establishment is not of the drive-in type where food is served to occupants remaining in motor vehicles.

Savings and loan associations.

Sewing machine sales and service.

Shoe and hat stores, and repairing when done as a part of the retail business.

Signs, as regulated by Section 12.00.

Sporting goods stores.

Stationery stores.

Taverns, pubs, inns, expresso cafes, et al.

Telephone booths, public.

Telegraph offices.

Tobacco shops.

Toy stores.

Travel bureau and transportation ticket offices.

Typewriter and adding machine sales and service.

Variety stores.

Accessory uses, including off-street parking and loading facilities as permitted or required in accordance with the provisions of Section 13.00.

3.

Special Uses. The following uses may be allowed by special use permit:

Other retail business uses not specifically listed above, when found to have economic compatibility with established uses on adjoining property.

Automobile service stations.

Billiard and pool rooms, dance halls and gymnasiums, meeting halls.

Churches, rectories and parish houses.

Clubs or lodges (non-profit), fraternal or religious institutions.

Hospitals and sanitariums.

Hotels and motels, including restaurants and meeting rooms.

Loan offices and finance companies.

Nursery school.

Planned developments, business, as defined herein.

Parks, when publicly owned and operated.

Public utility and public service uses, including:

Electric substations;

Fire stations;

Police stations;

Public art galleries and museums;

Public libraries;

Telephone exchange, repeater stations, micro-wave relay towers and stations, antenna towers and other outdoor equipment essential to the operation of the exchange in the interest of public convenience and necessity;

Bus terminal or other public transportation terminal facilities;

Water filtration plants;

Water pumping stations;

Water reservoir;

Other similar uses.

Railroad rights-of-way and trackage.

Rest homes and nursing homes. (Ord. No. 84-O-027, § 1, 9-7-82)

Telephone answering services.

Dwelling units, when business uses, premises designed for such uses, or off-street parking occupy the ground floor; provided that all of the lot area, parking requirements and other regulations affecting residential development, as set forth in the R-4 District, are complied with, unless such use is otherwise permitted pursuant to the provisions of section 10.01-2 of this Ordinance. (Ord. No. 84-O-017, § 2, 6-4-84)

Communication Uses. Communications uses shall include radio, cable television, telephone, telegraph, and all other related functions and facilities; layout and other preparatory functions in newsprint and general office activities associated with the above. All kinds and types of receiving and transmitting antenna, cables, and other media, and their support structures, shall be in compliance with the applicable Federal Aviation Administration and Federal Communications Commission rules and regulations. (Ord. No. 83-O-002, § 1, 1-3-83)

Drive-up or drive through facilities designed for transactions of business from customers' vehicles and not otherwise permitted to serve any retail or business use otherwise permitted in the District; provided, however, that in considering the issuance of a special use permit for the foregoing use and in addition to the general requirements for issuance, the Pontiac Area Planning Commission and the City Council shall consider the following:

(a)

Traffic flow and congestion which may result from the drive-up facility, particularly facilities utilizing a public street or alley.

(b)

Interference with the operations of other businesses or uses in proximity of the drive-up facility.

(c)

Whether the drive-up facility is constructed entirely upon private property owned or controlled by the business and is designed to provide for adequate stacking of vehicles waiting for service on private property owned or controlled by the business, or whether said business has obtained a license from the City of Pontiac to utilize an alley or other public right of way for vehicle flow through the drive-up facility and for adequate stacking of vehicles.

(d)

Any other matter or information determined to be relevant to the reasonableness of the proposed use.

In the event it is determined that for any of the foregoing reasons the public interests will not be best served by permitting the special use, the special use permit shall be denied. Further, no special use permit shall be granted to a business intending to use a drive-up facility for its principal business operation rather than secondary to a principal business operation conducted within the building utilized by the business. (Ord. No. 90-O-019, § 1, 3-5-90)

4.

Conditions of Use. All uses permitted in this district, except residence district uses, shall be retail and service establishments dealing directly with consumers and shall be subject to the following conditions:

a.

The sale of foodstuff or articles intended for human consumption shall be conducted wholly within an enclosed building.

b.

Establishments of the "drive-in" type, offering goods or services directly to customers waiting in parked motor vehicles, are not permitted.

c.

There shall be no manufacture, processing or treatment of products other than that which is clearly incidental and essential to the retail business conducted on the same premises.

d.

Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.

e.

Any exterior sign displayed shall pertain only to a use conducted within the building.

5.

Transitional Yards. Where a B-1 District adjoins a residence district, transitional yards shall be provided in accordance with the following regulations:

a.

Where lots in a B-1 District front on the street and at least 80 percent of the frontage directly across the street between two consecutive intersecting streets is in a residence district, the front yard regulations for the residence districts shall apply to the said lots in the business district.

b.

In a B-1 District, where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this ordinance for a residential use on the adjacent property in the residence district.

c.

In a B-1 District, where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this ordinance for a residential use on the adjacent property in the residence district.

d.

In a B-1 District, where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be twenty (20) feet in depth, but may begin at a height of fifteen (15) feet or one story above grade, whichever is lower.

e.

In a B-1 District, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residence district, a yard of not less than ten (10) feet shall be provided.

f.

Transitional yards shall be unobstructed from lowest level to sky except as allowed in Section 4.00

g.

Transitional yards required in that block bounded by Madison, Locust, Washington and Chicago Streets shall be 12 feet for front yards and 2 feet for side yards. (Ord. No. 82-O-027, § 2, 9-7-82)

6.

Signs. Signs shall be as permitted in Section 12.00

7.

Off-Street Parking and Loading. Parking and loading facilities shall be provided as required or permitted in Section 13.00

8.

Maximum Floor Area Ratio and Lot Coverage:

a.

The maximum floor area ratio and the maximum lot coverage, including accessory buildings, shall be as permitted in the table following within the area described as follows: Start at Water and Chicago Streets; proceed west to Oak Street; then north on Oak Street to Madison Street; then east on Madison Street to Plum Street; then north on Plum Street to Howard Street; then east on Howard Street to Chicago Street; then south on Chicago Street to Madison Street; then west on Madison Street to the alley between Chicago and Main Streets; then south on the alley to Washington Street; then east on Washington Street to Chicago Street; then south on Chicago Street to Water Street, the place of beginning:

Floor Area Ratio	Maximum Lot Coverage
3.0	100%
5.4	90%
7.2	80%
8.4	70%

 

b.

For other areas in the B-1 Limited Retail Business District, the maximum floor area ratio and maximum lot coverage, including accessory buildings, shall be permitted in accordance with the following table:

Floor Area Ratio	Maximum Lot Coverage
0.9	90%
1.6	80%
2.1	70%
2.4	60%