The intent of creating the B-D, Downtown Business District in the City is to provide for a list of land uses and a set of standards to guide the future growth and development of these areas. It is not the intent of this Article to change the existing zoning of any property within the boundaries of the B-D, Downtown Business District. Each parcel of land within the B-D, Downtown Business District shall adhere to the land uses permitted within its existing zoning classification. This ordinance does not eliminate the need for other permits or approvals required by other applicable laws, ordinances, or code provisions. However, properties within the boundaries of the B-D, Downtown Business District shall be subject to an overlay of principles and standards that are set forth in this Article in order to promote and enhance economic development. The following set of principles would be applied to designated B-D, Downtown Business Districts:

      1.   Protect, enhance and reinforce the adjacent residential.

      2.   Support existing merchants, business owners and property owners.

      3.   Create a pedestrian-friendly downtown district, with unified landscaping, paving, lighting and signage, which connects to the adjacent residential neighborhoods.

      4.   Provide traffic calming on major avenues while retaining their arterial function.

      5.   Provide ample, visible and accessible parking.

      6.   Provide flexible sites for new mixed-use development including retail, entertainment, cultural, office and residential uses.

      7.   Preserve the historic heritage of downtown and Dearborn.

      8.   Connect downtown to nearby visitor attractions and employment centers.

      9.   Create landmark gateway entrances to downtown along major avenues and along other arterial streets.

(Ord. No. 93-553, § 17.01, 2-2-1993)

   A.   Principal uses and structures. In all areas within the B-D, Downtown Business District, no building shall be erected, used, or structurally altered, nor shall land or premises be used in whole or in part, except for one (1) or more principal permitted uses in a B-A, Local Business District; B-B, Community Business District; and B-C, General Business District; O-S, Business Office District; and R-C, R-D, and R-E, Multiple Family Residential Districts.

(Ord. No. 93-553, § 17.02, 2-2-1993; Ord. No. 04-996, 2-17-2004; Ord. No. 25-1845, 7-15-2025)

   A.   Required conditions. Unless otherwise noted, buildings and uses in the B-D, Downtown Business District shall comply with the following requirements:

      1.   All permitted retail or services establishments shall deal directly with customers. Manufacturing of products for wholesale distribution off of the premises is not permitted.

      2.   All business, services, or processing, except off-street parking and loading, shall be conducted within a completely enclosed building, unless otherwise specifically permitted.

      3.   There shall be no outside storage of any goods, inventory, or equipment. Any storage must be clearly accessory to the principal permitted use.

      4.   Commercially used or commercially licensed vehicles used in the normal operation of a permitted retail or service use on the site may be parked in the rear only. This provision shall apply to operable vehicles that are moved on and off of the site on a regular basis.

      5.   Parking or storage of damaged or disabled vehicles shall be prohibited. Vehicles parked on a site shall not be used principally for storage, sales, or advertising.

      6.   All sites shall be maintained in compliance with the open space and landscaping requirements of Section 5.03.

   B.   Site plan review. Site plan review and approval by the city planner is required for all uses in the B-D, Downtown Business District in accordance with Article 32.00.

   C.   Area, height, bulk, and placement requirements. Buildings and uses in the B-D, Downtown Business District are subject to the area, height, bulk, and placement requirements in Article 29.00, Schedule of Regulations.

   D.   Planned Unit Development Mixed Use. Planned Unit Development Mixed Use may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in Article 23.00.

   E.   General development standards. Buildings and uses in the B-A, Local Business District; B-B, Community Business District; and B-C, General Business District shall be subject to all applicable standards and requirements set forth in this ordinance, including the following:

 

   (F)   Off-street parking requirements. 

   (1)   It is the intent of these off-street parking requirements to regulate parking supply and demand in a way that supports the unique character and transportation choices in a downtown urban area.

   (2)   Due to the strong presence of the existing public parking facilities, properties within the district are not required to provide any private parking. However, new projects and developments are encouraged to supply parking if feasible for their anticipated demand.

   (3)   The Planning Commission, in its review of any proposed special land uses or site plan, shall specifically consider how the proposed project aligns with the parking standards outlined in the table below or as explicitly regulated in Article 4.00.

   •   Office                        3.0      Parking Spaces/1,000 square feet

   •   Retail                        1.0      Parking Spaces/1,000 square feet

   •   Restaurant                     9.0      Parking Spaces/1,000 square feet

   •   Medical                        4.0       Parking Spaces/1,000 square feet

   •   Community                     .5      Parking Spaces/1,000 square feet

   •   Fraternal Lodges                  .5      Parking Spaces/1,000 square feet

   •   Motel                        1.0      Parking Spaces/1,000 square feet

   •   Residential Apts.                  1.0      Parking Spaces/1,000 square feet

(Ord. No. 93-553, § 17.03, 2-2-1993; Ord. No. 24-1831, 12-10-2024)

(Ord. No. 93-553, § 17.04, 2-2-1993; Ord. 19-1635, - -2019)

   A.   Construction of language and definitions. 

      1.   Rules of construction. The following rules of construction apply to the text of the Ordinance.

         (a)   The provisions of this section shall have precedence over any conflicting section contained in any other code or ordinance. The particular shall control the general.

         (b)   In the case of any difference of meaning or implication between the text of the ordinance and any caption, preamble or illustration, the text shall control.

         (c)   The word "shall" is always mandatory and not discretionary. The word "may" is permissive and discretionary.

         (d)   Words used in the present tense shall include the future; and words used in the singular number shall include the plural; and the plural the singular, unless the context clearly indicates the contrary.

         (e)   A "building" or "structure" includes any part thereof.

         (f)   The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for."

         (g)   The word "person" includes an individual, firm, a corporation, company, co-partnership, partnership, an incorporated association, club, joint venture, estate, trust, or any other similar entity, group, or combination acting as a unit.

         (h)   Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunctions "and," "or," "either … or," the conjunction shall be interpreted as follows:

            (1) "And" indicates that all the connected items, conditions, or provisions, or events shall apply.

            (2) "Or" indicates that the connected items, conditions, or provisions, or events may apply singly or in any combination.

            (3) "Either … or" indicates that the connected items, conditions, or provisions or events shall apply singly but not in combination.

         (i)   Terms not herein defined shall have the meaning customarily assigned to them, unless defined in any City ordinance.

   B.   Definitions.   

   Appearance. The outward aspect visible to the public.

   Appropriate. Sympathetic, or fitting, to the context of the site and the whole community.

   Appurtenances. The visible, functional objects accessory to and part of buildings.

   Architectural concept. The basic aesthetic idea of a building, or group of buildings or structures, including the site and landscape development, which produces the architectural character.

   Architectural feature. A prominent or significant part or element of a building, structure, or site.

   Architectural style. The characteristic form and detail, as of buildings of a particular historic period.

   Attractive. Having qualities that are compatible and harmonious in design, construction, and color scheme with the surrounding buildings.

   Awning. A roof-like covering of canvas, or similar material, over a door or window to provide protection against the sun, wind or, rain.

   Berm. A raised form of earth to provide screening or to improve the aesthetic character.

   Character. The combination of traits which, when considered together, distinguish specified land and/or development from other specified land and/or development. In assessing character, the following may be considered, along with any other expressly identified factors:

      1.   Percentage of a lot(s) covered by structures and other impervious improvements.

      2.   Type of structure(s).

      3.   Type, extent, location and use of natural landscape.

      4.   Topography and soil.

      5.   Traffic flow and pattern, and the relationship of traffic to pedestrian and vehicular thoroughfares.

      6.   Density of land uses.

      7.   Intensity of uses.

      8.   Type and location of utilities and other infrastructure improvement.

      9.   Natural areas.

      10.   Natural features.

      11.   Architectural concepts, features, and/or style.

   Cohesiveness. Unity of composition between design elements of a building or a group of buildings, and the landscape development.

   Compatibility. Harmony in the appearance of two or more external design features in the same vicinity.

   Conservation. The protection and care, which prevent destruction or deterioration of significant structures, buildings, or natural resources.

   Exterior building component. An essential and visible part of the exterior of a building.

   External design feature. The general arrangement of any portion of a building, sign, landscaping or structure and including the kind, color, and texture of the materials of such portion and types of roof, windows, doors, lights, attached or grounded signs or other fixtures appurtenant to such portions, as will be open to public view from any street, place or way.

   Graphic element. A letter, illustration, symbol, figure, insignia, or other device employed to express and illustrate a message or part thereof.

   Harmony. A quality which represents an appropriate and congruent arrangement of parts, as in an arrangement of varied architectural and landscape elements.

   Landscape. Plant materials, topography, and other natural physical elements combined in relation to one another and to man-made structures.

   Light cutoff angle. An angle from vertical extending downward from a luminaire, which defines the maximum range of incident illumination outward at the ground plane.

   Logic of design. Accepted principles and criteria of validity in the solution of the problem of design.

   Mechanical equipment. Equipment, devices, and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.

   Miscellaneous structures. Structures, other than buildings, visible from public ways. Examples are: memorials, stagings, antennas, water tanks and towers, sheds, shelters, fences and walls, transformers, drive-up facilities, benches, trash receptacles, fountains, etc.

   Mullion system. Decorative moldings/trim surrounding or separating (and often supporting) windows, doors, or panels set in a series, including but not limited to the mullion cover.

   Plant materials. Trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs.

   Proportion. Balanced relationship of parts of a building, landscape, structures, or buildings to each other and to the whole.

   Scale. Proportional relationship of the size of parts to one another and to the human figure.

   Screening. Structure of planting which conceals from view from public ways the area behind such structure or planting.

   Shrub. A multistemmed woody plant other than a tree.

   Site break. A structural or landscape device to interrupt long vistas and create visual interest in a site development.

   Street hardware. Man-made objects other than buildings, which are part of the streetscape. Examples are: lamp posts, utility poles, traffic lights, traffic signs, benches, litter containers, planting containers, letter boxes, fire hydrants.

   Streetscape. The scene as may be observed along a public street or way composed of natural and man-made components, including buildings, paving, planting, street hardware, and miscellaneous structures.

   Structure. Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground.

   Utilitarian structure. A structure or enclosure relating to mechanical or electrical services to a building or development.

   Utility hardware. Devices such as poles, cross arms, transformers and vaults, gas pressure regulating assemblies, hydrants, and buffalo boxes that are used for water, gas, oil, sewer, and electrical services to a building or project.

   Utility service. Any device, including wire, pipe, and conduit which carries gas, water, electricity, oil, and communications into a building or development.

   C.   Area, height, bulk, placement standards, and landscaping. 

      1.   Front yard setbacks. The regulations for each zoning district shall apply, except as follows: Front yard setback for commercial uses on Michigan Avenue shall be a minimum of ten (10) feet from the front lot line of the business.

      2.   Landscaping. From April 1 to October 31, an owner/occupant/tenant may install moveable container landscaping, which may encroach up to thirty (30) inches onto sidewalks provided a five (5) foot pedestrian walkway is maintained. Owner/occupant/tenant does so at his/her own risk and shall be liable for injuries and damages arising there from.

   D.   Architectural standards. All buildings shall be subject to the following physical requirements:

      1.   At least ninety percent (90%) of the exterior finish material on all facades that face a street shall be limited to the following: glass, brick, cut stone, cast stone, face brick, aluminum/vinyl trim. Coarsely textured stucco, wood, and E.F.I.S. (exterior finish insulation system) shall be allowed on the second floor or above.

      2.   The primary colors of building exteriors shall be compatible with the colors of adjacent buildings and in character with the surrounding area, although the trim may be of a contrasting color.

      3.   Blank walls shall not face a public street. Walls facing a public street shall include windows and architectural features customarily found on the front facade of a building, such as awnings, cornice work, edge detailing or decorative finish materials.

      4.   All buildings fronting a public walkway shall be directly accessible and have an entrance for the public. Each storefront must have transparent areas, equal to seventy percent (70%) of its portion of the facade, between one (1) and eight (8) feet from the ground. Window coverings during business hours and visible storage are prohibited.

      5.   Storefronts shall have mullion systems, with doorways and signage integrally designed. Mullion systems shall be painted, powder-coated, or stained.

      6.   Glass shall be clear or lightly tinted only. Opaque applications shall not be applied to the glass surface.

      7.   Facade openings, including porches, windows, and colonnades, shall be vertical in proportion.

      8.   Sliding doors and sliding windows are prohibited along frontage lines.

      9.   Flat roofs shall be enclosed by parapets of sufficient height to conceal roof-mounted equipment and constructed with material compatible with the building exterior.

      10.   Roof-mounted fixture screening, roof-mounted appliances, including, but not limited to, air conditioners, heating apparatus, dust collectors, filters, transformers, and any other such appliance or apparatus, shall be enclosed on all sides by view obscuring screening so as not to be visible from off the site from any angle. If such appliances or equipment are placed on the ground, the above screening requirements shall still apply.

      11.   Cantilevered mansard roofs are prohibited.

      12.   Balconies, railings, and porch structures shall be brick, metal, wood, cast concrete, stone, or stone composite.

      13.   Facades may be supplemented by awnings, which shall be straight sheds with or without side flaps, not cubed or curved, or backlit. Awnings shall be between eight (8) and twelve (12) feet above sidewalk grade at the lower drip edge. Awnings must avoid street trees and be set back at least two (2) feet from the road curb.

      14.   Outside dining tables and chairs shall be primarily metal, wood, or similar material. Plastic outside dining tables and chairs shall be prohibited. Approval from the zoning board of appeals is also required.

      15.   All building corners and terminal ends shall provide distinct and prominent architectural features of enhanced character and visibility, which reflect the importance of the building's location and create a positive visual landmark.

      16.   All buildings that become vacant shall immediately remove all business signage and cover all windows during the vacancy with an approved opaque material.

      17.   External security gates and bars are prohibited.

(Ord. No. 93-553, § 17.05, 2-2-1993; Ord. No. 04-996, 2-17-2004)

   C.   General requirements. 

      1.   All signs in the B-D district shall also comply with the requirements of the general sign requirements in the Code of Ordinances of the City of Dearborn (Chapter 5, Article XII - Signs).

      2.   All signs and sign-lighting fixtures shall exhibit ornamental features consistent with the examples shown in the design review manual.

      3.   Every sign shall be part of the architectural concept. Size, color, lettering, location, materials, and arrangement shall be harmonious with the building design and its surroundings, and shall be compatible with signs of adjoining buildings.

      4.   All signs shall be constructed of durable material capable of resisting the deleterious effects of weather exposure. Plywood, fiberboard, plastic sheeting or similar materials are prohibited.

      5.   Colors shall be used harmoniously and with restraint. Fluorescent, brilliant, or optical colors are prohibited.

      6.   Address numbers shall be a maximum of eight (8) inches in vertical dimension and should be separate from the main signage. Phone numbers and other secondary text such as "dine-in or carry-out" are prohibited in most cases as they serve limited useful communication purposes and unnecessarily contribute to visual clutter in the district.

      7.   The vertical drip of an awning may be stenciled with signage a maximum of eight (8) inches in vertical dimension by any horizontal length.

      8.   Lighting: Signs may be internally or externally lit. Sign lighting shall be considered part of the design of the sign and evaluated per the standards in this Article. Sign lighting shall be decorative or hidden from view. Signs with exposed luminaries of any type (including neon, LEDs, and similar) are prohibited.

      9.   Businesses located in corner buildings are permitted one (1) sign for each street frontage.

      10.   Businesses with service entrances may identify these with one (1) sign not exceeding two (2) square feet.

      11.   Permanent window or door signs/graphics (stenciled, etched, silk screened, hand painted, vinyl letters/images, or similar) are permitted provided the following standards are met:

         (a)   The seventy (70) percent transparency requirement in the architectural standards of this Article shall still be met; otherwise such signs shall not be permitted.

      12.   Temporary banners and window signs shall be regulated per the provisions of the sign requirements in the Code of Ordinances of the City of Dearborn (Chapter 5, Article XII - Signs).

   D.   Wall signs. 

      1.   Prohibited wall signs. Box or cabinet signs and signs painted directly onto any exterior wall or surface are prohibited.

      2.   Sign bands. A single external sign band or zone may be applied to the façade of a building between the first and second floors, provided that it shall be a maximum of one and one-half (1½) feet in vertical dimension by any horizontal dimension. The sign band or zone may contain multiple individual signs, but all must refer to a tenant of the building.

      3.   Board signs. Board-type signs shall be defined as signs consisting of opaque letters permanently applied to an opaque background, anchored as a single unit to a building façade. Board signs shall meet the following requirements:

         (a)   Text shall be raised or routed from the background by not less than three-quarter (¾) inch, nor more than two (2) inches.

         (b)   Text shall be of a contrasting color from the background (painted on text is prohibited).

         (c)   Text shall be three (3) inches minimum height, and thirty-six (36) inches maximum height.

         (d)   The background shall be framed by a finished edge.

         (e)   Logos, graphics, and features other than text are encouraged and may be painted directly on the background.

      4.   Halo illuminated letter signs. Halo illuminated letter signs shall be defined as individual, internally illuminated letters with opaque face and sides. Halo illuminated letters are characterized by indirect illumination, with all illumination projecting from the rear of each letter onto the background surrounding the letters. Halo illuminated letter signs shall meet the following requirements:

         (a)   The face and sides of letters shall be opaque.

         (b)   Sides of letters shall not be greater than three (3) inches.

         (c)   Text shall be three (3) inches minimum height, and thirty-six (36) inches maximum height.

         (d)   All lights, transformers, fasteners, and connections shall be concealed from view.

      5.   Internally illuminated letter signs. Internally illuminated letter signs shall be defined as individual, internally illuminated letters with a translucent face and opaque sides. Internally illuminated letter signs shall meet the following requirements:

         (a)   The face of the letters shall be translucent, transparent faces are prohibited (the light element should not be visible).

         (b)   The sides of the letters shall be opaque.

         (c)   Sides of letters shall not be greater than three (3) inches.

         (d)   Text shall be three (3) inches minimum height, and thirty-six (36) inches maximum height.

         (e)   All lights, transformers, fasteners, and connections shall be concealed from view.

      6.   Dimensional letter signs. Dimensional letter signs shall be defined as individual letters with opaque face and sides, pin mounted to the building façade. Dimensional letter signs shall meet the following requirements:

         (a)   The face and sides of letters shall be opaque.

         (b)   Sides of letters shall not be greater than three (3) inches.

         (c)   Text shall be three (3) inches minimum height, and thirty-six (36) inches maximum height.

         (d)   Letters shall be fabricated of metal or acrylic (wood is prohibited) designed to resist the deleterious effects of weather exposure.

         (e)   Letters shall be mounted to the building façade using stainless steel anchors to prevent staining.

      7.   Electronic signs. Electronic signs shall be permitted in the B-D District as secondary signage to serve a message board function; they are not to serve as the primary signage for a commercial or institutional use. Electronic signs shall be defined and regulated per the requirements of Section 5-1342.1 of the Code of Ordinances, except that the following additional requirements shall apply:

         (a)   The electronic sign shall be part of or accessory to a primary permitted sign identifying the business or institution.

         (b)   Color: single color/monochrome only.

         (c)   Resolution (minimum pixel pitch/spacing): Seventeen (17) millimeters.

         (d)   Prohibited electronic signs:

      (1) Projecting signs.

      (2) Wall signs mounted on the front of a building perpendicular to a public road, as these signs serve limited useful communication purposes and unnecessarily contribute to visual and lighting clutter in the district. This does not apply to signs mounted facing a street on the side of a building on a corner lot.

   E.   Ground signs. Ground signs shall be any freestanding sign supported by and anchored directly to the ground on privately owned property. Ground signs shall include pole and monument signs. Ground signs shall meet the following requirements:

      1.   Ground signs shall meet the requirements for one of the approved types of wall signs described above.

      2.   Cabinet style ground signs may be approved at the discretion of the Economic Development Director if they comply with the general sign ordinance, meet the general requirements for downtown signs and are designed to mimic one of the approved types of wall signs described above. Simple geometric shape cabinet signs (squares, rectangles, circles, ovals, etc.) are prohibited.

   F.   Projecting signs. Signs which project outward from the face of the building shall meet the following requirements:

      1.   Pedestrian level projecting signs. 

         (a)   Shall be mounted perpendicular (ninety (90) degrees) to the building façade.

         (b)   Shall be located entirely between twelve (12) and eight (8) feet above the pedestrian walkway. Shall not project above the roof line.

         (c)   Shall be securely mounted using ornamental brackets attached to either the building façade or from permanent overhanging canopies (chain or hinge mounting is prohibited). If wall mounted, the sign shall be located a maximum of six (6) inches from the wall.

         (d)   Shall not exceed two (2) feet in width or two (2) feet in height.

         (e)   Shall be double sided, having text on two (2) sides.

         (f)   Text shall be raised or routed from the background by not less than three-quarter (¾) inch, nor more than two (2) inches.

         (g)   Text shall be of a contrasting color from the background (painted on text is prohibited).

         (h)   The background shall be framed by a finished edge.

         (i)   Logos, graphics, and features other than text are encouraged and may be painted directly on the background. Icon-style signs are allowed.

         (j)   Shall not be internally illuminated or electronic signs.

      2.   Upper level projecting signs. 

         (a)   Shall be mounted perpendicular (ninety (90) degrees) to the building façade.

         (b)   Shall be located entirely between twelve (12) and the uppermost point of the building façade. Shall not project above the roof line.

         (c)   Shall be securely mounted to the building façade.

         (d)   Shall be double sided, having text on two (2) sides.

         (e)   Shall be located a maximum of one (1) foot from the wall.

         (f)   Shall not exceed three (3) feet in width or four (4) feet in height.

         (g)   Shall not be internally illuminated or electronic signs.

(Ord. No. 93-553, § 17.06, 2-2-1993; Ord. No. 13-1393, 4-30-2013; Ord. No. 22-1770, 9-13-2022)

   A.   Miscellaneous structures include any structures, other than buildings, visible to view from any public way or ways. Street hardware includes all objects not commonly referred to as structures and located in streets and public ways and outside of buildings.

   B.   Miscellaneous structures and street hardware located on private property shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale shall be proportional, colors shall be in harmony with buildings and surroundings, and proportions shall be attractive.

   C.   Miscellaneous structures and street hardware located in public ways and other public property shall be harmonious with design of adjacent buildings and other structures and City landscape.

   D.   Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to size, landscaping, buildings, and signs.

   E.   The provisions of the City Zoning Ordinance regarding area and bulk regulations and standards, and of those portions of the Dearborn Building Code which directly affect appearance, incorporated in reference thereto.

(Ord. No. 93-553, § 17.07, 2-2-1993)

   Residential uses are encouraged in the B-D, Downtown Business Districts.

(Ord. No. 93-553, § 17.08, 2-2-1993)

   All appeals under this section shall be to the zoning board of appeals.

(Ord. No. 22-1770, 9-13-2022)