Whenever used in these zoning regulations, the following words and phrases shall have the meaning ascribed to them in this section:
Accessory use, building, or structure. A use, building, or structure which is clearly incidental to, customarily found in connection with, subordinate to, and is located on the same zoning lot as the principal use to which it is exclusively related.
Adult book or supply store. See adult regulated uses.
Adult physical culture establishment. See adult regulated uses.
Adult model studio. See adult regulated uses.
Adult motel. See adult regulated uses.
Adult motion picture theater. See adult regulated uses.
Adult motion picture arcade. See adult regulated uses.
Adult regulated uses. As used in these zoning regulations, the following definitions shall apply to adult regulated uses:
B. Adult book or supply store. An establishment having ten (10) percent or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material.
C. Cabaret. An establishment where live entertainment is provided, presented, permitted or performed, which performances are distinguished or characterized by an emphasis on or relationship to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by or participation of patrons therein. Also, an establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, topless and/or bottomless waiters, waitresses and/or employees.
D. Adult motion picture theater or adult live stage performing theater. An enclosed building with a capacity of fifty (50) or more persons wherein still or motion pictures, video tapes or similar material is presented or viewed which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one (1) or more classes of the public, excluding any minor by reason of age.
E. Adult model studio. Any place where models who display "specified anatomical areas" (as defined herein) are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to any accredited art school or similar educational institution.
F. Adult motel. A motel wherein visual displays, graphic materials, or activities are presented which depict, describe, or relate to "specified sexual activities" or "specified anatomical areas" (as defined herein).
G. Adult motion picture arcade or mini motion picture theater. Any place where motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images displayed depict, describe, or relate to "specified sexual activities" or "specified anatomical areas" (as defined herein).
H. Adult, nude, partially nude dancing. A business having as its principal activity the live presentation of or display of nude, or partially nude, male or female impersonator(s), dancer(s), entertainers(s), waiter(s) or waitress(es), or employee(s) and which may or may not feature the service of food or beverage. For the purpose of this ordinance, nude or partially nude shall mean having any or all of the "specified anatomical areas" exposed (as defined herein).
I. Massage parlor or massage establishment. A place where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone using mechanical, therapeutic, or bathing devices or techniques, other than the following: a duly licensed physician, osteopath, or chiropractor; a registered or practical nurse operating under a physician's directions; or, registered physical or occupational therapists or speech pathologists who treat patients referred by a licensed physician and operate only under such physician's direction. A massage establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. Massage establishments, as defined herein, shall not include properly licensed hospitals, medical clinics, nursing homes, beauty salons, barber shops, tanning and/or nail salons, athletic clubs or other licensed facilities where massages are administered as an incidental or accessory use to the main use of the premises, provided that the facility maintains a separate room equipped with appliances and apparatus for massages and, provided further, that the massages are administered only by certified massage therapists. Each massage therapist must meet one (1) or more of the following criteria:
1. Proof of graduation from a school of massage licensed by the State of Michigan;
2. Official transcripts verifying completion of at least five hundred (500) hours of massage training from an American community college or university and three (3) references from massage therapists who are professional members of a massage association referred to in this section;
3. Certification as recognized by the American Massage Therapy Association, International Myomassethics Federation, or any other recognized body work association with equivalent professional certification standards; or
4. A current license from another state with standards that are equal or greater than those outlined in items 1., 2., and 3.
J. Adult personal service business. A business having as a principal activity a person of one (1) sex, providing personal services for a person of the other sex, or same sex, on an individual basis in a closed room or a partitioned open space. It includes, but is not limited to, the following activities and services: massage parlors, exotic rubs, modeling studios, body painting studios, wrestling studios, individual theatrical performances. It does not include activities performed by persons pursuant to, and in accordance with, licenses issued to such persons by the State of Michigan.
K. Adult outdoor motion picture theater. A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one (1) or more classes of the public, excluding any minor by reason of age.
L. Specified anatomical areas. Portions of the human body defined as follows:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below the point immediately above the top of the areola, and
2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
M. Specified sexual activities. The explicit display of one or more of the following:
1. Human genitals in a state of sexual stimulation or arousal.
2. Acts of human masturbation, sexual intercourse, or sodomy.
3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
Alley. A narrow passage or way open to public travel, affording a secondary means of vehicular access to abutting property but is not intended for general traffic circulation or for parking, standing, or loading. A public alley is an alley so designated upon a recorded plat, or otherwise formally accepted as such by the City. Any other alley is a private alley.
Alteration. Any change, addition or modification to a structure, building or type of occupancy, such as walls or partitions, columns, or beams or girders, or any change which may be referred to herein as "altered" or "reconstructed."
Alternative financial establishments. Any non-chartered financial institution, business, or person that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, currency exchange, pay-day loans and/or similar services as its primary function. "Alternative financial establishments" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Alternative financial establishments" also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money orders for a minimum flat fee as a service that is incidental to its main purpose or business.
Animal hospital. See clinic, veterinary.
Apartment. See dwelling, multiple-family.
Arcade. Any place, premise, establishment or room within a building which utilizes more than fifteen (15) percent of usable floor area for machines which may be used as a game, contest, or amusement of any description; the fifteen (15) percent of floor area calculation shall include no more than twenty (20) machines. For the purposes of this definition, "machine" shall mean any device, apparatus, mechanical equipment or machine operated as amusement for required compensation. The term does not include vending machines used to dispense foodstuffs, toys, or other products for use and consumption.
Architectural lighting. Any site or building lighting that is not sign lighting (as defined in this Article) and is designed and placed so as to attract general public attention to the site or building. Accent lighting includes "rope lights", or similar string lights or illuminating devices, whether or not pulsating, blinking, flashing or otherwise changing in light intensity, brightness or color. Required parking lot or pedestrian safety lighting shall not be considered accent lighting for purposes of this Article.
Artificial light. Any light emanating from any man-made device.
Automobile. Unless specifically indicated otherwise, "automobile" shall mean any vehicle including, by way of example, cars, trucks, vans, motorcycles, and the like.
Automobile filling station. A place used for the retail sale and dispensing of fuel or lubricants together with the fixed equipment from which the fuel is dispensed directly into motor vehicles. Automobile filling stations may also incorporate a convenience store operation as an accessory use, provided it is clearly incidental to the filling station use. Parking requirements for filling station/convenience store operations shall be computed by adding together the parking space requirements for each separate use.
Automobile repair. Major or minor repair of automobiles defined as follows:
A. Minor repair. Engine tune-ups and servicing of brakes, air conditioning, exhaust systems; oil change or lubrication; wheel alignment or balancing; or similar servicing or repairs that do not normally require any significant disassembly or storing of the automobiles on the premises overnight.
B. Major repair. Engine and transmission rebuilding and general repairs, rebuilding or reconditioning; collision service such as body, frame or fender straightening or repair; steam cleaning, undercoating and rust-proofing; and similar servicing, rebuilding or repairs that normally do require significant disassembly or storing of the automobiles on the premises overnight.
Automobile service station. A place where gasoline or other vehicle engine fuel, kerosene, motor oil and lubricants, and grease are sold directly to the public on the premises for the purposes of operation of motor vehicles; including the sale of minor accessories (such as tires, batteries, brakes, shock absorbers, window glass) and the servicing of and minor repair of motor vehicles.
Automobile repair garage. An enclosed building where major automobile repair services may be carried out.
Automobile or vehicle dealership. A building or premises used primarily for the sale of new and used automobiles and other motor vehicles to include outside storage of vehicles.
Automobile wash or car wash establishment. A commercial establishment contained within a building or premises or portion thereof where automobiles are washed.
Base flood. A base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year.
Basement. That portion of a building which is partially or totally below grade, but is so located that the vertical distance from the average grade to the floor below is greater than the vertical distance from the average grade to the ceiling. This definition shall not apply to earth-bermed or earth-sheltered homes. A basement shall not be counted as a story.
Bedroom. A room designed or used in whole or part for sleeping purposes.
Block. The property bounded by a street or by a combination of streets and public lands, railroad, utility, or public rights-of-way, rivers, drains, or streams, boundary lines of the City, or any other barrier to the continuity of development.
Board of appeals. The Dearborn Zoning Board of Appeals, created pursuant to the provisions of Michigan Public Act 207 of 1921, as amended.
Boarding house or rooming house. A building, other than a hotel, where for compensation or by prearrangement for definite periods of time, lodging or loading and meals are provided for three (3) or more persons. A rooming house shall be deemed a boarding house for the purposes of these zoning regulations.
Boutique resale store. A small-scale store, typically specializing in the resale of a specific category of used goods such as books, music, antiques, jewelry, clothing, or sports equipment, subject to the following limitations:
A. The gross area of the building is no greater than five-thousand (5,000) square feet;
B. The store only takes delivery of used goods within the building, and does not provide for outdoor or after-hours drop off of used goods, except that oversized goods may occasionally be accepted through an exterior door during business hours; and
C. The store is not otherwise subject to the regulated use provisions of this Zoning Ordinance.
Buildable area. See building envelope.
Building. Any structure, either temporary or permanent, having a roof or other covering and used or built for the shelter or enclosure of persons, animals, chattels, or property or materials of any kind. A building shall include tents, awnings, semi-trailers, or vehicles situated on a parcel and used for the purposes of a building. A building shall not include such structures as signs, fences or smokestacks, but shall include structures such as storage tanks, coal bunkers, oil cracking towers, or similar structures.
Building, principal. A building or, where the context so indicates, a group of buildings which are permanently affixed to the land and which are built, used, designed or intended for the shelter or enclosure of the principal use of the parcel.
Building, accessory. See accessory use, building, or structure.
Building, temporary. A building which is not permanently affixed to the property, and is permitted to exist for a specific reason for a specific period of time. Construction of temporary buildings shall be subject to the requirements of Section 511 of the Basic Building Code/1990, as amended, edition prepared by the Building Officials and Code Administrators International, Inc.
Building envelope. The area of a lot which is defined by the minimum setback requirements within which building construction is permitted by the terms of these Zoning Regulations.
Building height. The highest point of the ridge for a gable, hip, studio, gambrel or A-frame roof or the top of a parapet wall for a flat roof, measured from the grade plane. An artificial grade (a grade raised around the perimeter of the foundation of the structure) cannot be used to lessen the total overall height of the structure.
Building line. A line parallel to the front lot line at the minimum required front setback line (see illustration).
Building official. The City official(s) designated by the mayor to administer and enforce the building codes of the City or his or her designee.
Bulk. The term used to indicate the size and setbacks of buildings and structures and the location of same with respect to one another, including standards for the height and area of buildings; the location of exterior walls in relation to lot lines, streets, and other buildings; gross floor area of buildings in relation to lot area; open space; and, the amount of lot area required for each dwelling unit.
Cabaret. See adult regulated uses.
Cemetery. Land used for the burial of the dead, including columbariums, crematories, and mausoleums.
Child care center. A facility, other than a private residence, receiving one or more preschool or school age children for care for periods of less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. Child care center or day care center includes a facility which provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day. The facility may also be described as a day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center.
Church, mosque, temple, or synagogue. Any structure wherein persons regularly assemble for religious activity.
City. The City of Dearborn, Wayne County, Michigan.
City Council. The City Council of the City of Dearborn, Wayne County, Michigan.
Clinic, medical. An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or similar professionals. A medical clinic may incorporate customary laboratories and pharmacies incidental to or necessary for its operation or to the service of its patients, but may not include facilities for overnight patient care or major surgery.
Clinic, veterinary. An institution which is licensed by the Michigan Department of Health to provide for the care, diagnosis, and treatment of animals, including those in need of medical or surgical attention. A veterinary clinic may include customary pens or cages for the overnight boarding of animals and such related facilities as laboratories, testing services, and offices.
Club or fraternal organization. An organization of persons for special purposes or for the promulgation of sports, arts, science, agriculture, literature, politics, or similar activities, but not operated for profit or to espouse beliefs or further activity that is not in conformance with the Constitution of the United States or any laws or ordinances. The facilities owned or used by such organization may be referred to as a "club" in these zoning regulations.
Commercial use. The use of property for retail sales or similar businesses where goods or services are sold or provided directly to the consumer. As used in these zoning regulations "commercial use" shall not include industrial, manufacturing, or wholesale activities.
Commercial vehicle. Any vehicle possessing commercial license plates and which falls into one or more of the categories listed below:
B. Semi-trailer, which shall include flat beds, stake beds, roll-off containers, tanker bodies, dump bodies and full or partial box-type enclosures.
C. Vending trucks, such as ice cream, milk, bread, fruit or vending supply trucks.
E. Commercial hauling trucks.
F. Vehicle repair service trucks.
H. Any vehicle with a commercial license plate having a gross vehicle weight in excess of five thousand six hundred (5,600) pounds or a total length in excess of twenty-two (22) feet.
Commissary kitchen. A commercial kitchen that food businesses can rent to prepare, store, and cook food.
Commission. The Plan Commission of the City of Dearborn, as organized under Public Act No. 207, the Public Acts of 1921 of the State of Michigan, as amended, and City Charter § 10.27, and Ordinance No. 81-127.
Condominium. A condominium is a system of separate ownership of individual units and/or multi-unit projects according to Public Act 59 of 1978, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners. For the purposes of these zoning regulations, condominium terms shall be defined as follows:
A. Condominium Act. Shall mean Public Act 59 of 1978, as amended.
B. Condominium lot. That portion of the land area of a site condominium project designed and intended to function similar to a platted subdivision lot for purposes of determining minimum yard setback requirements and other requirements set forth in the schedule of regulations of these zoning regulations.
C. Condominium subdivision plan. Drawings and information which show the size, location, area, and boundaries of each condominium unit, building locations, the nature, location, and approximate size of common elements, and other information required by Section 66 of Michigan Public Act 59 of 1978, as amended.
D. Condominium unit. That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed for the condominium project.
E. Common elements. Portions of the condominium project other than the condominium units.
F. Contractible condominium. A condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to provisions in the condominium documents and in accordance with these zoning regulations and the Condominium Act.
G. Conversion condominium. A condominium project containing condominium units some or all of which were occupied before the establishment of the condominium project.
H. Convertible area. A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to provisions in the condominium documents and in accordance with these Zoning Regulations and the Condominium Act.
I. Expandable condominium. A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with these zoning regulations and the Condominium Act.
J. General common elements. Common elements other than the limited common elements, intended for the common use of all co-owners.
K. Limited common elements. Portions of the common elements reserved in the master deed for the exclusive use of less than all co-owners.
L. Master deed. The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan.
M. Site condominium project. A condominium project designed to function in a similar manner, or as an alternative to a platted subdivision. A residential site condominium project shall be considered as equivalent to a platted subdivision for purposes of regulation in these zoning regulations.
Congregate housing. See housing for the elderly.
Contractor's yard. A site on which a building or construction contractor stores equipment, tools, vehicles, building materials, and other appurtenances used in or associated with building or construction. A contractor's yard may include outdoor or indoor storage, or a combination of both.
Convalescent home. See nursing home.
Convenience store. A one-story, retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). Convenience stores are designed to attract a large volume of stop-and-go traffic.
Co-op (cooperative) housing. A multiple dwelling owned by a corporation which leases its units to stockholders on a proprietary lease arrangement.
Court. An open unoccupied space, other than a yard and bounded on at least two (2) sides by a building. A court extending to the front yard or front lot line or to the rear yard or rear lot line is an outer court. Any other court is an inner court.
Curb cut. The entrance to or exit from a property provided for vehicular traffic to or from a public or private thoroughfare.
Day labor agency. Any for-profit or non-profit facility and/or agency that provides short-term temporary labor services (work done where the worker is hired and paid one day at a time, with no promise that more work will be available in the future) for agricultural, construction, maintenance, landscaping, food service or industrial trades; or other physically intensive work. Job seekers congregate to be hired by the day or by the job for short periods of time by third parties. Job seekers must be present to receive and accept a job offer or be transported to a job site, and typically return to the facility for payment. Related support services may be offered to job seekers while they wait onsite.
Deck. A platform, commonly constructed of wood, which is typically attached to a house, and which is typically used for outdoor leisure activities.
Density. The number of dwelling units per acre of land.
A. Gross density. The number of units per acre of total land being developed.
B. Net density. The number of units per acre of land devoted to residential use.
Detention basin. A man-made or natural water collector facility designed to collect surface water in order to impede its flow and to release the water gradually at a rate not greater than that prior to the development of the property, onto natural or man-made outlets.
Development. The construction of a new building, reconstruction of an existing building, or improvement of a structure on a parcel or lot, the relocation of an existing building to another lot, or the improvement of open land for a new use.
Distribution center. A use which typically involves both warehouse and office/administration functions, where short- and/or long-term storage takes place in connection with the distribution operations of a wholesale or retail supply business.
District, zoning. A portion of Dearborn within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain yards, open spaces, lot areas, and other requirements are established.
Dix-Vernor Business District Improvement Authority. This district is located in the southeast portion of Dearborn and generally includes properties fronting the intersection of Dix and Vernor and extending toward Industrial to the west and Amazon to the east as shown in the map below. The full legal description of this business district can be found in the “Development Plan and Tax Increment Financing Plan” as approved by City Council Resolution No. 12-674-15, along with any subsequent amendments as approved by City Council.
Drive-in. A business establishment so designed that its operation involves providing a service or a product to patrons while they are in their car, rather than within a building or structure.
Dwelling. Any building, or part thereof, containing sleeping, kitchen, and bathroom facilities designed for and occupied by one family. In no case shall a travel trailer, motor home, automobile, tent or other portable building not defined as a recreational vehicle be considered a dwelling. In the case of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purposes of these zoning regulations.
Dwelling, accessory apartment. A dwelling unit that is accessory to and typically contained within a conventional single-family dwelling, and which is occupied by:
A. Persons related to the occupant of the principal residence by blood, marriage or legal adoption, or
B. Domestic servants or gratuitous guests. An accessory apartment commonly has its own kitchen, bath, living area, sleeping area, and usually a separate entrance.
Dwelling, manufactured. A building or portion of a building designed for long-term residential use and characterized by all of the following:
A. The structure is produced in a factory in accordance with the National Manufactured Housing Construction and Safety Standards Act, as amended; and
B. The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities; and
C. The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site.
A mobile home is a type of manufactured housing, which is defined as follows:
D. Dwelling, mobile home. A structure, transportable in one (1) or more sections, which is built upon a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. Recreational vehicles as described and regulated herein shall not be considered "mobile homes" for the purposes of these zoning regulations.
Dwelling, multiple-family. A building designed for and occupied by three or more families living independently, with separate housekeeping, cooking, and bathroom facilities for each. Examples of multiple-family dwellings units include those commonly known as apartments, which are defined as follows:
A. Apartment. An apartment is an attached dwelling unit with party walls, contained in a building with other apartment units which are commonly reached off of a common stair landing or walkway. Apartments are typically rented by the occupants. Apartment buildings often may have a central heating system and other central utility connections. Apartments typically do not have their own yard space. Apartments are also commonly known as garden apartments or flats.
B. Efficiency unit. An efficiency unit is a type of multiple-family or apartment unit consisting of one (1) principal room, plus bathroom and kitchen facilities, hallways, closets, and/or a dining alcove located directly off the principal room.
Dwelling, one-family or single-family. An independent, detached residential dwelling designed for and used or held ready for use by one (1) family only. Single-family dwellings are commonly the only principal use on a parcel or lot.
Dwelling, duplex. A detached building, designed exclusively for and occupied by two (2) families living independently of each other, with separate housekeeping, cooking, and bathroom facilities for each.
Dwelling unit. One (1) or more rooms, along with bathroom and kitchen facilities, designed as a self-contained unit for occupancy by one (1) family for living, cooking, and sleeping purposes.
Dwelling unit, single-family attached or townhouse. A townhouse is an attached single-family dwelling unit with party walls, designed as part of a series of three (3) or more dwellings, with its own front door which opens to the outdoors at ground level, its own basement, and typically, with its own utility connections and front and rear yards. Townhouses are sometimes known as row houses.
Easement. A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.
Engineer, City. The city engineer is the person [or] firm authorized to advise the city administration, city council, and plan commission on drainage, grading, paving, stormwater management and control, utilities, and other related site engineering and civil engineering issues.
Enforcement Official. The enforcement official is the person or persons with the responsibility for enforcing and administering requirements of applicable sections of these zoning regulations. The enforcement official may be referred to as the city planner, director of building and safety, the building inspector or other appropriate party so designated. Such titles do not refer to a specific individual, but generally to the office, department, or City official(s) most commonly associated with the administration of the regulation being referenced.
Erected. A physical change on a site, including construction, reconstruction, or alteration of buildings or structures thereon. Excavation, fill, drainage, and the like shall be considered part of the word "erected."
Essential services. The erection, construction, alteration or maintenance by public or quasi-public utilities or municipal departments or City-certified cable television companies of underground, surface or overhead gas, steam, electrical, fuel or water systems for the purposes of transmission, distribution, collection, communication, supply, or disposal; including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, and welfare of the public. Essential services shall not include storage yards, sales or business offices, or commercial buildings or activities.
Excavation. The removal or movement of soil, sand, stone, gravel, or fill dirt from any parcel except for common household gardening, farming, and general ground care.
Exception. An exclusion from the normal zoning ordinance rules and regulations for the purposes of permitting particular uses or structures which are considered essential or appropriate in certain locations or under certain conditions as may be approved by the zoning board of appeals. A variance is not required for uses or structures which are permitted because of an exception.
Family. A family is an individual or married couple and the children thereof, with not more than two (2) other persons related directly to the individual or married couple by blood or marriage or two (2) unrelated individuals, living together as a single housekeeping unit in a dwelling unit, subject to the limitations of the structure as provided by City Ordinance, Section
11-177. The following criteria shall be utilized as guidelines to define a family or a single-family use within the meaning of this ordinance:
A. That there exists a shared kitchen facility where cooking is accomplished for the entire family unit and there is no direct charge for meals other than sharing of expenses.
B. That there be a commonality of purpose among the members constituting the family unit and that the living arrangements shall be based on a relationship other than simply providing accommodations and/or food, and that the living arrangements shall not be designed to be merely of a temporary or transitory nature.
C. That the living arrangements shall not constitute a multiple-family use nor constitute a rooming house or other such facility designed to provide accommodations purely for economic motivation.
D. That the accommodations for members of the family unit shall not change the interior architectural or structural design of the living facility.
Family day care home. A private home in which one (1) but less than seven (7) minor children are received for care and supervision under a license issued by the State of Michigan per 1973 PA 116 as amended (MCL 722.111 et seq.) and a Certificate of Occupancy issued by the City.
Farm. A parcel of land containing at least ten (10) acres which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products, including necessary farm structures within the prescribed limits and the storage of related equipment used. A "farm" shall exclude the raising of fur-bearing animals, riding academies, livery or boarding stables, and dog kennels.
Fence. An artificially constructed barrier of wood, masonry, stone, wire, metal, or any other material or combination of materials, used to prevent or control entrance, confine within, or mark a boundary.
Fill, filling. The deposit or dumping of any matter onto or into the ground, except for common household gardening, farming, and general ground care.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; and
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood hazard area. Land which on the basis of available floodplain information is subject to a one (1) percent or greater chance of flooding in any one (1) given year.
Flood insurance rate map (FIRM). An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
Floodplain. Any land area susceptible to being inundated by water from any source as mapped by the City of Dearborn, Department of Public Works, Engineering Division.
Floor area, gross. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
Floor area, net. See floor area, usable residential and floor area, usable nonresidential.
Floor area, usable nonresidential. In order to account for unoccupied accessory areas such as corridors, stairways, toilet rooms, mechanical rooms and other similar areas, off-street parking requirements, pursuant to
Article 4.00 of this ordinance, shall be calculated using eighty (80) percent of the gross square footage of a building using exterior dimensions.
Floor area, usable residential. The gross floor area minus areas in basements, unfinished attics, attached garages, and enclosed or unenclosed porches.
Food truck park. A parcel of land where one or more food trucks congregate to sell food or beverages to the general public.
Food trucks. A business serving or offering for sale food and/or beverages from a mobile food unit, which shall mean a fully enclosed vehicle or trailer that is also licensed by the state as a mobile food service establishment or special transitory food unit.
Foster care home. See state-licensed residential facility.
Foster child. A child unrelated to a family by blood or adoption with whom he or she lives for the purposes of care and/or education.
Fraternal organization. See club.
Garage, private. An accessory building used for the parking or storage of motor vehicles owned and used solely by the occupants of the building to which it is accessory. Private garages shall not have public repair facilities. A private garage may be either attached to or detached from the principal structure.
Garage, public. See automobile repair garage.
Gas station. See automobile filling station and Automobile service station.
Gazebo. A freestanding roofed structure that is open on all sides.
Glare. Light emanating directly from a light source that has the potential to create visual discomfort or momentary blindness when viewed.
Grade. The finished ground level adjoining the building at all exterior walls.
Grade plane. A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or where the lot line is more than six (6) feet from the building between the structure and a point 6 feet from the building.
Greenbelt. See landscaping.
Group day care home. A private home in which more than six (6) but not more than twelve (12) minor children are given care and supervision for periods of less than twenty-four (24) hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Group day care home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.
Group home. See state-licensed residential facility.
Gym or gymnasium. A room or building equipped for gymnastics, exercise or sport.
Harmful increase. An unnaturally high stage on a river, stream or lake which causes, or may cause damage to property, threat to life, personal injury, or damage to land or water resources.
Hazardous uses. All uses which involve the storage, sale, manufacture, or processing of materials which are dangerous and combustible and are likely to burn immediately, and from which either poisonous fumes or explosions are to be anticipated in the event of fire. These uses include all high hazard uses listed in Section 306 of the Basic Building Code/1990 edition, as amended or updated, prepared by the Building Officials and Code Administrators International, Inc.
Height of building. See building height.
Home occupation. An occupation or profession conducted entirely within a dwelling by the inhabitants thereof, where such use is clearly incidental to the principal use of the dwelling as a residence, and where such use does not:
A. Change the character or appearance of the residence,
B. Does not result in any signs or displays on the premises,
C. Does not result in any sales of commodities or goods on the premises.
Hospital. An institution which is licensed by the Michigan Department of Health to provide in-patient and out-patient medical and surgical services for the sick and injured, and which may include such related facilities as laboratories, medical testing services, central service facilities, and staff offices.
Hospital, veterinary. See clinic, veterinary.
Hotel. A building occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of one (1) bedroom and a bath, occupied for hire, and which typically provides hotel services such as maid service, the furnishing and laundering of linens, telephone and secretarial or desk service, the use of furniture, a dining room and general kitchen, and meeting rooms.
Housing for the elderly. An institution other than a hospital, hotel, or nursing home, which provides room and board to nontransient persons primarily sixty (60) years of age or older. Housing for the elderly may include the following:
A. Senior apartments. Multiple-family dwelling units occupied by persons fifty-five (55) years of age or older.
B. Elderly housing complex. A building or group of buildings containing dwellings where the occupancy is restricted to persons sixty (60) years of age or older or couples where either the husband or wife is seventy (70) years of age or older.
C. Congregate housing. A type of semi-independent housing facility containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.
D. Dependent housing facilities. Facilities such as nursing homes which are designed for older persons who need a wide range of health and support services, including personal nursing care.
Ice cream parlor. A retail establishment whose business is limited to the sale of ice cream, frozen desserts, yogurt, dessert items, candies and confections, and beverages in a ready-to-eat state, not to include any seating area. Businesses serving hot dogs, hamburgers, salads, pizza, hot or cold sandwiches, or similar entree items are not considered ice cream parlors for the purposes of these zoning regulations.
Impervious surface. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
Indoor recreation center. An establishment which provides indoor exercise facilities and/or indoor court sports facilities, and which may include spectator seating in conjunction with the sports facilities. For the purposes of these zoning regulations, a bowling establishment shall be considered a type of indoor recreation center.
Industry, heavy. A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
Industry, light. A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
Ingress and egress. As used in these zoning regulations, "ingress and egress" generally is used in reference to a driveway which allows vehicles to enter or leave a parcel of property, or to a sidewalk which allows pedestrians to enter or leave a parcel of property, a building, or another location.
Junk. Any motor vehicles, machinery, appliances, products or merchandise with parts missing, or other scrap materials that are damaged, deteriorated, or are in a condition which prevents their use for the purpose for which the product was manufactured.
Junkyard or salvage yard. An area where waste and used or secondhand materials are bought and sold, exchanged, stored, baled, packed, shredded, disassembled, or handled, including, but not limited to: junk, scrap iron, metals, paper, rags, tires, bottles and automobiles.
Kennel. Any lot or premises on which more than three (3) dogs, cats, or other domestic animals six (6) months or older are kept, either permanently or temporarily, either for sale, breeding, boarding, training, hobby, protection, or pets, subject to the regulations set forth herein regulating private and commercial kennels.
Landfill. A tract of land that is used to collect and dispose of "solid waste" as defined and regulated in Michigan Public Act 641 of 1979, as amended.
Landscaping. The treatment of the ground surface with live plant materials such as, but not limited to, grass, ground cover, trees, shrubs, vines, and other live plant material. In addition, a landscape design may include other decorative man-made materials, such as wood chips, crushed stone, boulders, or mulch. Structural features such as fountains, pools, statutes, and benches shall also be considered a part of landscaping, but only if provided in combination with live plant material. Artificial plant materials shall not be counted toward meeting the requirements for landscaping. Various landscaping-related terms are defined as follows:
A. Berm. A continuous, raised earthen mound comprised of nontoxic materials with a flattened top and sloped sides, capable of supporting live landscaping materials, and with a height and width that complies with the requirements of these zoning regulations.
B. Grass. Any of a family of plants with narrow leaves normally grown as permanent lawns in Wayne County, Michigan.
C. Greenbelt. A strip of land of definite width and location reserved for the planting of a combination of shrubs, trees, and ground cover to serve as an obscuring screen or buffer for noise or visual enhancement, in accordance with the requirements of these zoning regulations.
D. Ground cover. Low-growing plants that form a dense, extensive growth after one complete growing season, and tend to prevent weeds and soil erosion.
E. Hedge. A row of closely planted shrubs or low-growing trees which commonly form a continuous visual screen, boundary, or fence.
F. Hydroseeding. A method of planting grass where a mixture of the seed, water, and mulch is mechanically sprayed over the surface of the ground.
G. Interior parking lot landscaping. A landscaped area located in the interior of a parking lot in such a manner as to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.
H. Mulch. A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, or aid plant growth.
I. Nurse grass. Any of a variety of rapidly growing annual or perennial rye grasses used to quickly establish ground cover to prevent dust or soil erosion.
J. Planting. A young tree, vine, shrub, or herb that would be placed on or in the ground.
K. Screen or screening. A wall, wood fencing, or combination of plantings of sufficient height, length, and opacity to form a visual barrier. If the screen is composed of nonliving material, such material shall be compatible with materials used in construction of the main building, but in no case shall include wire fencing.
L. Shrub. A self-supporting, deciduous or evergreen woody plant, normally branched near the base, bushy, and less than fifteen (15) feet in height.
M. Sod. An area of grass-covered surface soil held together by matted roots.
N. Tree. A self-supporting woody, deciduous or evergreen plant with a well-defined central trunk or stem which normally grows to a mature height of fifteen (15) feet or more in Wayne County, Michigan.
1. Deciduous tree. A variety of tree that has foliage that is shed at the end of the growing season.
2. Evergreen tree. A variety of tree that has foliage that persists and remains green throughout the year.
O. Ornamental tree. A deciduous tree which is typically grown because of its shape, flowering characteristics, or other attractive features, and which grows to a mature height of twenty-five (25) feet or less.
P. Shade tree. For the purposes of these zoning regulations, a shade tree is a deciduous tree which has a mature crown spread of fifteen (15) feet or greater in Wayne County, Michigan, and has a trunk with at least five (5) feet of clear stem at maturity.
Q. Vine. A plant with a flexible stem supported by climbing, twining, or creeping along the surface, and which may require physical support to reach maturity.
Loading space, off-street. An off-street space which is safely and conveniently located on the same lot as the building or buildings being served, for the temporary parking of delivery vehicles while loading and unloading merchandise and materials.
Lot or zoning lot. For the purposes of enforcing these zoning regulations, a lot is defined as a piece of land under single ownership or control that is at least sufficient in size to meet the minimum requirements for use, coverage, area, setbacks, and open space as required herein. "Single" ownership may include ownership by an individual, a corporation, a partnership, an incorporated association, joint tenancy, or any similar entity. A lot shall have frontage on a dedicated road or, if permitted by the regulations set forth herein, on an approved private road. A lot may consist of:
A. A single lot of record.
B. A portion of a lot of record.
C. A combination of complete lots of record, or portion thereof.
E. A piece of land described by metes and bounds.
Lot area, net. The total horizontal area within the lot lines of the lot, exclusive of any abutting public street right-of-way or private road easements, or the area of any lake. The net lot area shall be used in determining compliance with minimum lot area standards.
Lot area, gross. The net lot area plus one-half (½) of the area of any public right-of-way area or private road easement immediately adjacent to or abutting the lot.
Lot, contiguous. Lots adjoining each other.
Lot, corner. A lot abutting on and at the intersection of two (2) or more streets, provided that the streets intersect at an angle of not more than one hundred thirty-five (135) degrees.
Where a lot is on a curve, if the tangents through the extreme point of the street lines of such lot make an interior angle of not more than one hundred thirty-five (135) degrees, it shall be considered a corner lot. In the case of a corner lot with a curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above (see illustration). A tangent is a straight line extended from the outer edges of a curve which intersect to form a corner.
For the purposes of this definition, the "street" lot line shall be the line separating the lot from the street or road right-of-way.
Lot coverage. The part or percent of the lot that is occupied by buildings or structures.
Lot depth. The horizontal distance between the front street line and rear lot line, measured along the median between the side lot lines.
Lot, double frontage or through lot. A lot other than a corner lot having frontage on two (2) more or less parallel streets. In the case of a row of double frontage lots, one street shall be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing buildings in the same block fronting on one (1) or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front.
Lot, flag. A lot which is located behind other parcels or lots fronting on a public road, but which has a narrow extension to provide access to the public road.
Lot, interior. Any lot other than a corner lot with only one (1) lot line fronting on a street.
Lot lines. The lines bounding a lot as follows:
A. Front lot line. In the case of a lot not located on a corner, the line separating said lot from the public or private road right-of-way. In the case of a corner lot or double frontage lot, the front lot line shall be that line that separates said lot from the right-of-way for the road which is designated as the front on the plat, or which is designated as the front on the site plan review application or request for a building permit, subject to approval by the plan commission or building official.
B. Rear lot line. Ordinarily, that lot line which is opposite and most distant from the front lot line. In the case of irregular, triangular, wedge-shaped, or lots that are pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet in length, lying farthest from the front lot line and wholly within the lot.
C. Side lot line. Any lot line other than the front or rear lot lines. A side lot line separating a lot from a road right-of-way is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
Lot of record. A parcel of land, the dimensions and configuration of which are shown on a subdivision plat recorded in the offices of the Wayne County Register of Deeds, or accepted by the Wayne County Department of Equalization, or a lot or parcel described by metes and bounds, and accuracy of which is attested to by a land surveyor (registered and licensed in the State of Michigan) and likewise so recorded with the Wayne County Register of Deeds. A lot of record may also be identified by attachment to a Sidwell or tax parcel identification number.
Lot width. The straight line distance between the side lot lines, measured at the two (2) points where the minimum front yard setback line intersects the side lot lines.
Lot access drive. Any private street designed to provide access from a public street or road to a mobile home park, apartment or condominium complex, or other private property development.
Marginal access road. See secondary access drive.
Massage parlor or massage establishment. See adult regulated uses.
Master plan. The Master Plan is a document which is prepared under the guidance of the City plan commission and consists of graphic and written materials which indicate the general location for streets, parks, schools, public buildings and all physical development of the City. Specifically, it refers to the "Master Plan" adopted by the plan commission in December 1985, or as may be amended.
Mezzanine. An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the floor area of the story in which the level or levels are located.
Mini-warehouse. A building or group of buildings, each of which contains several individual storage units, each with a separate door and lock and which can be leased on an individual basis. Mini-warehouses are typically contained within a fenced, controlled-access compound.
Mobile home. See dwelling, mobile home.
Mobile home park. A parcel or tract of land under the control of a person upon which three (3) or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home, subject to conditions set forth in the Mobile Home Commission rules and Michigan Public Act 419 of 1976, as amended.
Mobile home lot. An area within a mobile home park which is designated for the exclusive use of a specific mobile home.
Mortuary or funeral home. An establishment where the dead are prepared for burial or creation and where wakes or funerals may be held.
Motel. A building or group of buildings occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of a bedroom and bath, occupied for hire, in which provision is not usually made for cooking within the rooms, and which provides customary hotel services such as maid service, linen service, telephone and/or desk service, and the use of furniture. Motels typically provide exterior entrances and on-site parking for each unit. A motel may also include conference room or banquet facilities, an attached dining room, and/or an unattached standard restaurant.
Natural features. Natural features shall include soils, wetlands, floodplain, water bodies and channels, topography, trees and other types of vegetative cover, and geologic formations.
Neighborhood newspaper distribution station. A place where newspapers are distributed to carriers for home delivery, designed to serve the immediate residential neighborhoods in which it is located. Such facility shall not exceed three thousand (3,000) square feet in area.
Nonconformity. Any structure, lot, or use of any lot, land or structure, which does not conform at the time of adoption of these zoning regulations or any amendment thereto, to the regulations for the district in which it is located.
Nuisance. Any offensive, annoying, or disturbing practice or object which prevents the free use of one's property, or which renders its ordinary use or physical occupation uncomfortable. Nuisance commonly involves continuous or recurrent acts which give offense to the senses, violate the laws of decency, obstruct reasonable and comfortable use of property, or endangers life and health.
Nursery, day nursery, or nursery school. See child care center.
Nursery, plant material. A space, building, and/or structure, or combination thereof, where live trees, shrubs, and other plants used for gardening and landscaping are propagated, stored, and/or offered for sale on the premises.
Nursing home, convalescent home, or rest home. A home for the care of the aged, infirm, or those suffering from bodily disorders, wherein two (2) or more persons are housed or lodged and furnished with nursing care. Such facilities are licensed in accordance with Michigan Public Acts 139 of 1956, as amended.
Occupancy, change of. A discontinuance of an existing use and the substitution of a use of a similar or different kind or class, or, the expansion of a use.
Occupied. Used in any way at the time in question.
Office. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
Open-air business. Any business that is conducted primarily out-of-doors. Unless otherwise specified herein, open-air business shall include:
A. Retail sales of garden supplies and equipment, including but not limited to: trees, shrubbery, plants, flowers, seed, topsoil, trellises, and lawn furniture.
B. Roadside stands for the sale of agricultural products, including fruits, vegetables, and Christmas trees.
C. Various outdoor recreation uses, including but not limited to: tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving ranges, and amusement parks.
D. Outdoor display and sale of garages, swimming pools, playground equipment, and similar uses.
Open space. That part of a zoning lot, including courts and/or yards, which is open and unobstructed from its lowest level to the sky, and is accessible to all residents upon the zoning lot.
Outdoor dining. A designated outdoor space on private property that acts as additional seating/service area for a restaurant or bar/tavern/lounge. When such areas are on public property they are regulated by Article 15, Chapter 9 of the Code of Ordinances.
Outdoor storage. The keeping, in an unroofed area, of any goods, junk material, or merchandise in the same place for more than twenty-four (24) hours.
Outlot. A parcel of land which is designated as an "outlot" on the recorded plat, and which is usually not intended to be used for the same purposes as other lots in the plat.
Parcel. A continuous area, tract, or acreage of land that has not been divided or subdivided according to the provisions of the Subdivision Control Act and has frontage on a public street.
Lot & Double Frontage (or Through Lot)
Parking lot, off-street. An area on private property, or on public property, which provides vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide safe and convenient access for entrance and exit and for parking of more than three (3) vehicles.
Parking space. An area of definite length and width as designated in these zoning regulations for parking an automobile or other vehicle, and which is fully accessible for such purposes.
Parking space, residential. Each required residential space shall be a minimum size of ten (10) feet × twenty (20) feet and shall be constructed with concrete or plant-mixed bituminous asphalt. Building a one-car garage with an open parking space adjacent to the garage is prohibited. All residential off-street parking spaces shall be enclosed within a garage, or if open, located at the rear most area of the lot. Off-street parking access shall be from a driveway that enters onto the property from the front yard or side yard.
Performance guarantee. A financial guarantee to ensure that specific improvements, facilities, or work required by these zoning regulations will be completed in compliance with the ordinance, regulations, and approved plans and specifications of the development.
Pergola. A freestanding structure with an open trellis-style roof, that is open on all sides.
Permeable pavers. Pavers which are designed and installed, per manufacturer’s specification, in a way that allows water to pass through them and infiltrate into the ground.
Person. An individual, trustee, executor, fiduciary, corporation, firm, partnership, association, organization, or other legal entity acting as a unit.
Personal fitness center. A facility which provides indoor exercise facilities, such as exercise machines and weight-lifting equipment, usually in a structured physical activity program supervised by professional physical fitness instructors. As defined herein, "personal fitness center" shall not include court sports facilities or spectator seating for sports events. A personal fitness center may or may not be enclosed within a gym.
Previous [pervious] surface. A surface that permits full or partial absorption of stormwater.
Pet. A domesticated dog, cat, bird, gerbil, hamster, guinea pig, turtle, fish, rabbit, or other similar animal that is commonly available and customarily kept for pleasure or companionship.
Pool or billiard hall. An establishment wherein the substantial or significant portion of all useable floor area is devoted to the use of pool or billiard tables.
Planned unit development. A planning or construction project involving the use of special zoning requirements and review procedures which are intended to provide design and regulatory flexibility, so as to encourage innovation in land use planning and design and thereby achieve a higher quality of development than might otherwise be possible.
Planner, City. The city planner is the person designated by the plan commission to advise the City Council, City plan commission, and City staff on planning, zoning, land use, housing, and other related planning and development issues.
Plan commission. The Plan Commission of the City of Dearborn as organized under Public Act No. 207, the Public Acts of 1921 of the State of Michigan, as amended, pursuant to 2-376 to 388.
Pre-release adjustment center. An establishment which provides shelter, supervisory and social services to convicts in a pre-release parole preparation program, as authorized by the State Corrections Commission or by the Federal Bureau of Prisons.
Principal use. See use, principal.
Private street or road. See road.
Property line. The line separating a piece of property from the street right-of-way and the lines separating a parcel of property from the parcels next to it. See also lot line.
Public lodging house. A commercial establishment or place in which five (5) or more members of the public, whether travelers or not, are charged for or are provided sleeping quarters in the form of cots or beds in the same room.
Public safety official. The public safety official refers generally to the departments or persons who perform police, firefighting, and other public safety functions for the City.
Public utility. Any persons, firm, corporation, municipal department, or board, duly authorized to furnish to the public under government regulations any of the following: electricity, gas, steam, communications services, cable television services, transportation services, water, sewer service, or sewage treatment.
Recreational land. Any public or privately owned lot or land that is utilized for recreation activities such as, but not limited to, camping, swimming, picnicking, hiking, nature trails, boating, and fishing.
Recreational vehicle. "Recreational vehicles" shall include the following:
A. Travel trailer. A portable vehicle on a chassis, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a "travel trailer" by the manufacturer. Travel trailers generally include self-contained sanitary, water, and electrical facilities.
B. Pickup camper. A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational, and vacation uses.
C. Motor home. A recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water, and electrical facilities.
D. Folding tent trailer. A folding structure, mounted on wheels and designed for travel and vacation use.
E. Boats and boat trailers. "Boats" and "boat trailers" shall include boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.
F. Other equipment. Other recreational equipment includes snowmobiles, jet skis, all terrain or special terrain vehicles, utility trailers, plus the normal equipment used to transport them on the highway.
Recognizable and substantial benefit. A clear benefit, both to the ultimate users of the property in question and to the community, which would reasonably be expected to accrue, taking into consideration the reasonably foreseeable detriments of the proposed development and uses. Such benefits may include: long-term protection or preservation of natural resources and natural features, historical features, or architectural features; or, elimination of or reduction in the degree of nonconformity in a nonconforming use or structure.
Recycling center. A facility at which used material is separated and processed prior to shipment to others who will use the materials to manufacture new products.
Recycling collection station. A facility for the collection and temporary storage of recoverable resources, prior to shipment to a recycling center for processing.
Reference level. For any building within ten (10) feet of the front lot line, the reference level is the official established sidewalk grade opposite the center of the front of the building. For any building more than ten (10) feet from the front lot line, or where no sidewalk grade is established, the reference level is the mean elevation of the finished grade of the ground across the front of the building. When the mean finished grade about any portion of a building varies five (5) feet or more from that of the front, such mean may be taken as the reference level for such portion of such building.
Regional newspaper distribution centers. A place where newspapers are distributed to carriers for home delivery, designed to serve multiple communities.
Restaurant. A restaurant is any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a carry-out, drive-in, drive-through, fast food, standard restaurant, or bar/lounge, or combination thereof, as defined below:
A. Restaurant, carry-out. A carry-out restaurant is a business establishment whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.
B. Restaurant, drive-in. A drive-in restaurant is a business establishment whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building.
C. Restaurant, drive-through. A drive-through restaurant is a business establishment whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off of the premises.
D. Restaurant, fast-food. A fast-food restaurant is a business establishment whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths, or stands inside the structure or out, or for consumption off the premises, but not in a motor vehicle at the site.
E. Restaurant, standard. A standard restaurant is a business establishment whose method of operation involves either:
1. The delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building, or
2. The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.
F. Bar/lounge/tavern. A bar or lounge is a type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a bar or lounge is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.
Retention basin. A pond, pool, or basin used for the permanent storage of stormwater runoff.
Right-of-way. The strip of land over which an easement exists [to] allow facilities such as streets, roads, highways, and power lines to be built.
Road. Any public or private thoroughfare or right-of-way, other than a public or private alley, dedicated to or designed for travel and access to any land, lot or parcel, whether designated as a road, avenue, highway, boulevard, drive lane, place, court, or any similar designation. Various types of roads are defined as follows:
A. Private road. Any road which is to be privately maintained and has not been accepted for maintenance by the City, Wayne County, the state or the federal government, but which meets the requirements of these zoning regulations or has been approved as a private road by the City under any prior ordinance.
B. Public road. Any road or portion of a road which has been dedicated to and accepted for maintenance by the City, Wayne County, state or the federal government.
C. Arterial road. A road which carries high volumes of traffic and serves as an avenue for circulation of traffic onto, out of, or around the City. An arterial road may also be a major thoroughfare.
D. Collector street. A road whose principal function is to carry traffic between minor and local roads and arterial roads but may also provide direct access to abutting properties.
E. Cul-de-sac. A road that terminates in a vehicular turnaround.
F. Major thoroughfare. An arterial road which is intended to service a large volume of traffic for both the immediate area and the region beyond, and may be designated as a thoroughfare, parkway, freeway, expressway or equivalent term to identify those roads comprising the basic structure of the roads plan. Any road with an existing or proposed right-of-way width of one hundred twenty (120) feet, and any road proposed as a major thoroughfare in the master plan shall be considered a major thoroughfare.
G. Local street. A road whose principal function is to provide access to abutting properties and is designed to be used or is used to connect minor and local roads with collector or arterial roads.
H. Minor road. A road whose sole function is to provide access to abutting properties.
Room. For the purpose of determining lot area requirements and density in a multiple-family district, a room is a living room, dining room or bedroom, equal to at least eighty (80) square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans presented showing one-, two- or three-bedroom units and including a "den," "library," or other extra room shall count such extra room as a bedroom for the purpose of computing density.
Rooming house. See boarding house.
Secondary access drive. Any private road that is generally parallel to and adjacent to an arterial road and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial road and so that the flow of traffic on the arterial road is not impeded by direct driveway access from a large number of abutting properties.
Second-hand resale store. Any building, structure, premises, or part thereof used for the sale of used or second-hand goods of any kind. Second-hand resale store shall not include:
A. Boutique resale stores; or
B. Any store whose principle purpose is to deal in new goods, but which occasionally accepts used goods for resale incidental to the sale of new goods, including but not limited to books, music, antiques, jewelry, clothing, or sports equipment, subject to the following limitations:
1. No more than twenty-five (25) percent of sales floor area or customer-accessible product is dedicated to the sale of second-hand goods, pursuant to an approved floor plan and/or racking plan; and
2. The store only takes delivery of second-hand goods within the interior of the building, and does not provide for outdoor or after-hours drop-off of used goods, except that oversized goods may occasionally be accepted through an exterior door during business hours.
Semitrailer. A trailer, which may be enclosed or not enclosed, having wheels generally only at the rear, and supported in front by a truck tractor or towing vehicle.
Service truck. A pick-up truck or van that is used in conjunction with a repair or maintenance business, such as a plumbing, electrical, or carpentry business.
Setback. The distance between a front, side or rear lot line or setback measurement line and the nearest supporting member of a structure on the lot. The minimum required setback is the minimum distance between a front, side or rear lot line or setback measurement line and the nearest supporting member of a structure in order to conform to the required yard setback provisions of these zoning regulations (see definition of yard).
Setback measurement line. A line drawn parallel to the centerline of the road on the zoning map from which the front setback shall be measured.
Shed. A type of accessory building on the same zoning lot as a primary residence which measures between 61 cu. ft - 1,000 cu. ft. and is used exclusively for the storage of household goods and possessions of the owner. The maximum width between two walls of a shed shall not exceed twelve (12) ft. and the maximum height of any part of the shed roof shall not exceed ten (10) ft.
Shippers' container. An empty industrial, standardized reusable vessel that was:
A. Originally, specifically, or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or
B. Designed for or capable of being mounted or moved on a rail car, and/or
C. Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.
Shopping center. A grouping of retail businesses and service uses on a single site with common parking facilities.
Short-term rental or short-term rental unit (STR). The rental of a dwelling or dwelling unit, either wholly or partly, for compensation for periods of 30 consecutive days or less, by persons other than the permanent resident or owner, and when the permanent resident or owner has obtained a short-term rental permit issued by the Director or their designee.
Sign. Any device, structure, fixture, or placard which uses words, numbers, figures, graphic designs, logos or trademarks for the purpose of informing or attracting the attention of persons. Unless otherwise indicated, the definition of "sign" includes interior and exterior signs which are visible from any public street, sidewalk, alley, park, or public property, but not signs which are primarily directed at persons within the premises upon which the sign is located. Various types of signs and sign-related terms are defined and regulated by the sign regulations of the City Code.
Site plan. A plan, prepared to scale, as required in Section
32.02, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.
Sky glow. The brightening of the night sky attributable to man-made light sources which obscure stars, the moon, and other natural phenomena.
Smoking lounge. Any establishment, which, as one of its business activities, even if incidental to its primary activities, promotes the smoking of tobacco products or other legal substances on its premises. This term includes, but is not limited to: cigar lounges, hookah cafes, tobacco lounges, tobacco clubs or tobacco bars.
Special event. An occurrence or noteworthy happening of seasonal, civic, or religious importance, which is organized and sponsored by the City of Dearborn or by a nonprofit Dearborn community group, congregation, organization, club or society, and which offers a distinctive service to the community, such as public entertainment, community education, civic celebration, or cultural or community enrichment. Special events typically run for a short period of time (less than two (2) weeks) and are unlike the customary or usual activities generally associated with the property where the special event is to be located.
Special land use. Special land uses are uses, either public or private which possess unique characteristics and therefore cannot be property classified as a use permitted by right in a particular zoning district.
After due consideration of the impact of each such proposed use upon the neighboring land and of the public need for the particular use at the proposed location, such special land uses may be permitted following review and approval, subject to the terms of these zoning regulations.
Specially designated distributor's establishment. A retail establishment of less than fifteen thousand (15,000) gross square feet of usable retail space, or any retail establishment where more than ten (10) percent of the usable retail space is utilized for the distribution of alcoholic liquor, licensed by the State Liquor Control Commission to distribute alcoholic liquor, or other than beer and wine under twenty (20) percent by volume, in the original package for consumption off the premises.
Specially designated merchant's establishment. A retail establishment of less than fifteen thousand (15,000) gross square feet of usable retail space, or any retail establishment where more than ten (10) percent of the usable retail space is utilized for the distribution of alcoholic liquor, licensed by the State Liquor Control Commission to sell beer and wine for consumption off the premises.
Specified anatomical areas. See adult regulated uses.
Specified sexual activities. See adult regulated uses.
Stable, private. A private stable is an enclosed building intended for the keeping of horses or other large domestic animals, for the noncommercial use of the residents of the principal residential use on the site.
Stable, public. A public stable is an enclosed building intended for the keeping of horses or other domestic animals, in which any such animals are kept for remuneration, hire, or sale.
State-licensed residential facility. Any structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Public Act 116 of 1973, or Public Act 218 of 1979. These acts provide for the following types of residential structures:
A. Adult foster care facility. A residential structure that is licensed to provide room, board and supervised care, but not continuous nursing care, for unrelated adults over the age of seventeen (17), in accordance with Public Act 218 of 1979, as amended, and the Adult Foster Care Administrative Rules as administered by the Michigan Department of Social Services. The following four (4) types of adult foster care homes are provided for by these rules:
1. Family home. Private residence for six (6) or fewer adults. Licensee must live in the home, and local zoning approval is not required prior to issuance of a license.
2. Adult foster care small group home. Residence for twelve (12) or fewer adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license only if seven (7) or more residents will live in the home.
3. Adult foster care large group home. Residence for thirteen (13) to twenty (20) adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license.
4. Congregate facility. Residence for more than twenty (20) adults.
B. Foster family home. A private residence that houses four (4) or fewer foster children, up to age nineteen (19), under constant child care and supervision. Under Public Act 116 of 1973, a foster family home does not require local zoning approval before being licensed by the Department of Social Services.
C. Foster family group home. A private residence that houses more than four (4) but less than seven (7) minor children, up to age nineteen (19), under constant care and supervision. Under Public Act 116 of 1973, a foster family group home requires local zoning approval before being licensed by the Department of Social Services.
D. Orphanage. Residence for the housing of more than seven (7) minor children, up to age nineteen (19), under constant care and supervision. Under Public Act 116 of 1973, a foster family group home requires local zoning approval before being licensed by the Department of Social Services.
E. Child care organizations. A governmental or nongovernmental organization for thirty (30) or fewer children having as its principal function receiving minor children for care, maintenance, training, and supervision, notwithstanding that educational instruction may be given. Child care organization includes organizations commonly described as child caring institutions, child placing agencies, children's camps, children's campsites, children's therapeutic group homes, child care centers, day care centers, nursery schools, parent cooperative preschools, foster homes, group homes, or child care homes. Child care organization does not include a governmental or nongovernmental organization that does either of the following:
1. Provides care exclusively to minors who have been emancipated by court order under section 4(3) of 1968 PA 293, MCL 722.4.
2. Provides care exclusively to persons who are 18 years of age or older and to minors who have been emancipated by court order under section 4(3) of 1968 PA 293, MCL 722.4, at the same location.
Story. That portion of a building, other than a basement or mezzanine as defined herein, included between the upper surface of any floor and the upper surface of the floor or roof next above it (see illustrations). A mezzanine shall be deemed a full story when it covers more than one-half (½) of the area of the story underneath, or, if the vertical distance from the floor next below the mezzanine to the floor above it is twenty-four (24) feet or more.
A basement shall be deemed a full story when the vertical distance from the average grade to the floor below is less than the vertical distance from the average grade to the ceiling.
Story, half. The uppermost story lying under a pitched roof, the usable floor area of which does not exceed two-thirds ( 2/3 ) of the floor area of the uppermost full story. The usable floor area of a half (½) story shall be at least two hundred (200) square feet with a minimum clear height of seven (7) feet, six (6) inches.
Street lot line. A dividing line between the street and a lot, also known as the right-of-way line.
Structural addition. Any alteration that changes the location of the exterior walls or area of a building.
Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. The definition of structure does not include concrete flatwork or other walking surfaces such as asphalt or paving bricks. Structures include, but are not limited to, principal and accessory buildings, towers, storage containers/lockers, decks, fences, privacy screens, walls, antennae, swimming pools, signs, gas or liquid storage facility, and a mobile home.
Subdivision plat. The division of a tract of land for the purpose of sale or building development, in accordance with the Subdivision Control Act, Michigan Public Act 288 of 1967, as amended, and the Dearborn Subdivision Control Regulations.
Substance abuse treatment facility. Any establishment used for the dispensing, on an in-patient or out-patient basis, of compounds or prescription medicines directly to persons having drug or alcohol abuse problems. A generally recognized pharmacy or licensed hospital dispensing prescription medicines shall not be considered a substance abuse treatment facility.
Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored before the damage occurred. Substantial improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not however include any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
Swimming pool. Any permanent, nonportable structure or container located either above or below grade designed to hold water to a depth of greater than twenty-four (24) inches, intended for swimming or bathing. A swimming pool shall be considered an accessory structure for purposes of computing lot coverage.
Temporary use or building A use or building permitted to exist for a limited period of time under conditions and procedures as provided for in these zoning regulations.
Theater. An enclosed building used for presenting performances or motion pictures which are observed by paying patrons from seats situated within the building.
Thoroughfare, major. See road.
Toxic or hazardous waste. Waste or a combination of waste and other discarded material (including, but not limited to, solid, liquid, semisolid, or contained gaseous material) which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to the following if improperly treated, stored, transported, disposed of, or otherwise managed:
A. An increase in mortality, or
B. An increase in serious irreversible illness, or
C. Serious incapacitating, but reversible illness, or
D. Substantial present or potential hazard to human health or the environment.
Transition zone. A transition zone generally refers to a zoning district, an arrangement of lots or land uses, a landscaped area, or similar means of providing a buffer between land uses or districts.
Truck terminal. A structure to which goods, except raw or unprocessed agricultural products, natural minerals, or other resources, are delivered for immediate distribution or to be amalgamated or divided for delivery in larger or smaller units to other points, or for distribution, amalgamation, or division involving transfer to other modes of transportation.
Underlying zoning. The zoning classification and regulations applicable to the property immediately preceding the approval of an application to designate a parcel planned unit development.
Uniformity ratios. The ratio of luminance in the brightest-lit spots compared to that in the dimmest areas (max./min.).
Use. The purpose for which land, lots, or buildings thereon is designed, arranged or intended, or for which it is occupied, maintained, let or leased.
A. Use, accessory. See accessory use, building, or structure.
B. Use, conditional. See conditional use.
C. Use, permitted. A use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and standards of such district.
D. Use, principal. The main use of land and buildings and the main purpose for which land and buildings exist.
E. Use, special land. See special land use.
Utility trailer. A small trailer that is designed to be pulled by an automobile, van, or pick-up truck.
Variance. A modification of the literal provisions of the zoning ordinance granted by the Zoning Board of Appeals when strict enforcement of the zoning ordinance would cause practical difficulties or unnecessary hardship owing to circumstances unique to the individual property on which the variance is granted.
Veterinary hospital. See clinic, veterinary.
Wall, obscuring A structure of definite height and location to serve as an opaque screen in carrying out the requirements of these zoning regulations.
Warehouse. A building used primarily for storage of goods and materials. See also distribution center.
Warren Business District Improvement Authority. This district is located in the north east portion of Dearborn and generally includes properties fronting Warren Avenue from Greenfield to Wyoming, with additional properties in close proximity to Warren Avenue along certain side streets as shown in the map below. The full legal description of this business district can be found in the “Development Plan and Tax Increment Financing Plan” as approved by City Council Resolution No. 12-675-15, along with any subsequent amendments as approved by City Council.
Wholesale sales. The sales of goods generally in large quantities and primarily to customers engaged in the business of reselling the goods.
Yard. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise permitted in these zoning regulations. The minimum required setback is the minimum depth of a front, rear or side yard necessary to conform to the required yard setback provisions of these zoning regulations (see illustrations).
A. Yard, front. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line or setback measurement line (where appropriate) and the nearest line of the principal building. Unless otherwise specified, on corner lots and through lots there shall be maintained a front yard along each street frontage.
B. Yard, rear. An open space extending the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and the nearest line on the principal building unoccupied from the ground upward (except as hereinafter specified). On corner lots, the rear yard may be opposite either street frontage, but there shall only be one rear yard.
C. Yard, side. An open space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which shall be the horizontal distance from the nearest point of the side lot line to the nearest point on the principal building and unoccupied from the ground upward (except as hereinafter specified).
Zoning administrator. The City official(s) authorized to administer the zoning regulations on a day-to-day basis, including but not limited to processing applications, granting ministerial approvals, maintaining the records of plan commission actions, sending notices of public hearings, and similar work and may include the city planner, the director of building and safety department, or the building inspector as may be designated by this ordinance.
Zoning Compliance Certificate. A certificate stating that a structure or structures comply with specified zoning standards as submitted on approved documents.
(Ord. No. 93-553, § 1.03, 2-2-1993; Ord. No. 94-609, 10-18-1994; Ord. No. 95-624, 3-7-1995; Ord. No. 95-628, 3-7-1995; Ord. No. 95-624, 3-7-1995; Ord. No. 97-710, 10-7-1997; Ord. No. 02-918, 11-19-2002; Ord. No. 03-962, 5-20-2003; Ord. No. 03-969, 7-1-2003; Ord. No. 04-1008, 9-7-2004; Ord. No. 04-1016, 9-21-2004; Ord. No. 08-1194, 12-15-2008; Ord. No. 08-1184, 10-20-2008; Ord. No. 08-1185, 10-20-2008; Ord. No. 08-1186, 10-20-2008; Ord. No. 10-275, 6-21-2010; Ord. No. 11-1306, 1-4-2011; Ord. No. 1319, 4-4-2011; Ord. No. 12-1362, 9-11-2012; Ord. No. 14-1417, 2-11-2014; Ord. No. 14-1445, 12-9-2014; Ord. No. 15-1478, 9-22-2015; Ord. No. 15-1482, 9-22-2015; Ord. No. 17-1567, 1-31-2107; Ord. No. 17-1601, 1-16-2018; Ord. No. 20-1690, 12-8-2020; Ord. No. 24-1822, 8-20-2024; Ord. No. 24-1832, 12-10-2024; Ord. No. 25-1839, 5-20-2025; Ord. No. 25-1845, 7-15-2025)
Open Space Yard Requirements