Each use listed in this Article, whether permitted by right or subject to approval as a special land use, shall be subject to the site development standards specified, in addition to applicable standards and requirements for the district in which the use is located. Where there is a combination of uses proposed, the most restrictive standards shall be applied. These standards are intended to alleviate the impact from a use that is of an area, intensity or type, or that possesses characteristics that are unique or atypical for the district in which the use is allowed. These standards are intended to assure that such uses will be compatible with surrounding land uses and insure the orderly development of the district. Compliance with these standards shall be subject to site plan review. Unless otherwise specified, each use listed in this Article shall be subject to all applicable yard, bulk and other standards for the district in which the use is located.

(Ord. No. 93-553, § 7.01, 2-2-1993)

   A.   Automobile or vehicle sales. Automobile or vehicle sales operations with repair facilities or outdoor sales space shall be subject to the following requirements. These requirements shall apply to any operation involving the sale, lease or rental of new or used vehicles, house trailers, recreational vehicles, trucks, and other vehicles.

      1.   Grading, surfacing, and drainage. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall be hard-surfaced with concrete or bituminous material, and shall be graded and drained so as to effectively dispose of or retain surface waters. Grading, surfacing, and drainage plans shall be subject to review and approval by the director of building and safety.

      2.   Driveway location. The nearest edge of any driveway serving an outdoor vehicle sales area shall be located at least sixty (60) feet from any street or road intersection (as measured from the nearest intersection right-of-way line).

      3.   Servicing of vehicles. All servicing of vehicles shall be subject to the following requirements:

         (a)   Service activities shall be clearly incidental to the vehicle sales operation.

         (b)   Vehicle service activities shall occur within a completely enclosed building.

         (c)   Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.

         (d)   Buildings containing the service operations shall be located a minimum of fifty (50) feet from any abutting residential property line.

         (e)   There shall be no external evidence of the service operations, in the form of dust, odors, or noise, beyond the interior of the service building.

         (f)   Buildings should be oriented so that open bays, for automobile washes, do not face onto adjacent thoroughfares unless screened by an adjoining lot, building or obscuring wall per Article 6.00.

      4.   Broadcasting devices prohibited. Devices for the outdoor broadcasting of voice, telephone monitoring, music or any other amplified sound shall be prohibited outside of any building.

      5.   Setbacks. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall comply with the requirements for parking lots, as specified in Section 4.01B.1.

      6.   Minimum lot area. The minimum lot area required for such uses shall be two (2) acres.

   B.   Automobile filling stations, automobile or vehicle service stations, automobile repair garages. The following regulations shall apply to automobile filling stations and automobile or vehicle service stations, including tire, battery, muffler and undercoating shops:

      1.   Minimum lot area. The minimum lot area required for such uses shall be twelve thousand (12,000) square feet.

      2.   Minimum lot width. The minimum lot width required for such uses shall be one hundred fifty (150) feet.

      3.   Minimum setbacks. Repair garages or other buildings shall comply with the setback requirements for the district in which the use is located. However, a minimum setback of forty (40) feet shall be maintained on all sides that abut property that is zoned or used for residential purposes. Pump islands and canopies shall comply with the following requirements:

 

 

      4.   Minimum distances between uses. In all cases, there shall be a minimum distance of at least five hundred (500) feet between such uses.

      5.   Ingress and egress. Ingress and egress drives shall be a minimum of thirty-one (31) feet and a maximum of forty (40) feet in width. No more than one (1) such drive or curb opening shall be permitted for every seventy-five (75) feet of frontage (or fraction thereof) along any street. The nearest edge of any such drive shall be located at least twenty-five (25) feet from the nearest point of any property zoned or used for residential purposes. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses or its location near a vehicular or pedestrian entrances or crossings.

      6.   Curbs. A curb of at least six (6) inches in height shall be installed to prevent vehicles from being driven onto or parked with any part of the vehicle extending within two (2) feet of abutting landscaped areas, sidewalks, streets, buildings, or adjoining property.

      7.   Layout. All lubrication equipment, automobile wash equipment, hoists, and pits shall be enclosed entirely within a building. Gasoline pumps shall be located so that motor vehicles do not park on or extend over abutting landscaped areas, sidewalks, streets, buildings, or adjoining property while being served. Adequate vehicle parking and stacking spaces shall be provided as required in Article 4.00.

      8.   Outside storage. Inoperable, wrecked or partially dismantled vehicles shall not be stored or parked outside for a period exceeding forty-eight (48) hours. Unless enclosed within a masonry screening wall that is not less than six (6) feet in height.

      9.   Vehicle sales and storage. The storage, sale, or rental of new or used cars, trucks, trailers, and any other vehicles on the premises is prohibited except in conformance with this ordinance.

      10.   Sales of nonautomotive products. Any retail sales of nonautomotive products such as food products, dairy products, or similar goods and products must be clearly accessory and ancillary to the principal use of the site and building.

      11.   Food services and/or products. In the event any food services and/or food products are available at retail as an accessory use, necessary bathroom and toilet facilities shall be provided within the principal building in accordance with the requirements of the City Plumbing Code standards.

   C.   Automobile wash or car wash establishment. The following regulations shall apply to automobile wash or car wash establishments:

      1.   Minimum lot area. The minimum lot area required for automobile or car wash establishments shall be ten thousand (10,000) square feet.

      2.   Layout. All washing activities shall be carried on within a fully enclosed building. Vacuum activities shall be permitted in the rear yard only, provided such activities are located at least twenty-five (25) feet from adjacent residentially zoned or used property and the vacuum unit shall be located within the building. Entrances and exits shall not face abutting residentially zoned or used property. Adequate vehicle parking and stacking spaces shall be provided as required in Article 4.00 with a minimum of thirty-five (35) stacking spaces (including interior stacking in the building) each consisting of a minimum of one hundred sixty (160) square feet for each stacking space.

      3.   Entrances and exits. Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley. All maneuvering areas, stacking lanes, and exit aprons shall be located within the car wash property. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the automobile wash.

      4.   Orientation of open bays. Buildings should be oriented so that open bays, particularly for self-serve automobile washes, do not face onto adjacent thoroughfares unless screened by an adjoining lot, building or obscuring wall per Article 6.00.

      5.   Exit lane drainage. Exit lanes shall be sloped to drain water back to the wash building to drainage gates and not unto the public street.

      6.   Minimum distances between uses. In all cases, there shall be a minimum distance of at least five hundred (500) feet between such uses.

   D.   Drive-in establishments. 

      1.   Setbacks. Buildings or other structures used for the purpose of a drive-in establishment shall be set back a minimum of sixty (60) feet from any street right-of-way line.

      2.   Location of driveways. Driveways serving drive-in establishments shall provide direct access from a major thoroughfare or arterial road. The nearest edge of any entrance or exit drive shall be located no closer than twenty-five (25) feet from any street or road intersection, as measured from the nearest intersection right-of-way line.

      3.   Screening. An obscuring wall shall be provided along all property lines abutting property that is zoned for residential, commercial, or office use, subject to the requirements in Article 6.00.

      4.   Ingress and egress. Ingress and egress drives shall be a minimum of thirty-one (31) feet and a maximum of forty (40) feet in width. No more than one (1) such drive or curb opening shall be permitted for every seventy-five (75) feet of frontage (or fraction thereof) along any street. The nearest edge of any such drive shall be located at least twenty-five (25) feet from the nearest point of any property zoned or used for residential purposes. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other building or uses or its location near a vehicular or pedestrian entrances or crossings.

   E.   Fast-food and drive-through restaurants. The following regulations shall apply to fast-food and drive-through restaurants:

      1.   Minimum frontage. The site shall have a minimum of one hundred fifty (150) feet of frontage on a major thoroughfare.

      2.   Location of driveways. Ingress and egress points shall be located no closer than twenty-five (25) feet from the intersection of any two (2) streets (measured from the nearest right-of-way line). Points of vehicular ingress and egress shall be limited to the thoroughfare having business-zoned frontage only. The minimum distance between driveways providing off-site ingress or egress shall be at least sixty-five (65) feet measured from the two (2) closest driveway curbs.

      3.   Screening. An obscuring wall shall be provided along all property lines abutting a residential zoning district subject to the requirements in Article 6.00.

      4.   Noise. Any drive-up or drive-through speaker system shall comply with the noise regulations listed in Chapter 13, Article II of the City of Dearborn Code of Ordinances, and shall be located and oriented away from adjacent or abutting residential properties.

      5.   Stacking spaces. A restaurant with a drive-through window shall provide stacking spaces for each drive-through window as required in the schedule of off-street parking, Section 4.01C.24.

      6.   Distance standard. A fast-food restaurant shall be located no closer than seven hundred (700) feet to a school, or another fast food restaurant, the distance being measured from the nearest property line of the fast food restaurant to the school, or fast food restaurant.

      7.   Traffic study. An on-site and off-site traffic study shall be required for drive-through restaurants as part of the special land use application to understand the impacts on the capacity and safety of the transportation system. The applicant must use the City's traffic engineer to conduct the traffic study.

   F.   Funeral homes or mortuaries. The following regulations shall apply to funeral homes and mortuaries:

      1.   Assembly area. An adequate assembly area shall be provided off-street for vehicles to be used in funeral processions. All maneuvering areas and exit aprons shall be located within the site. Streets and alleys shall not be used for maneuvering or parking of vehicles.

      2.   Screening. The service and loading area shall be obscured from adjacent residential areas in accordance with Article 6.00.

      3.   Caretaker's residence. A caretaker's residence may be provided within the main building of the funeral home or as an approved accessory building on the site, subject to the provisions of this ordinance.

   G.   Group day care home, child care center. The following regulations shall apply to group day care homes, child care centers, nursery schools, day nurseries, and pre-schools:

      1.   Licensing. In accordance with applicable state laws, all child care facilities shall be registered with or licensed by the Department of Social Services and shall comply with the minimum standards required for such facilities.

      2.   Outdoor play area. A minimum of fifty (50) square feet of outdoor play area shall be provided and maintained per child, provided that the overall area of the play area shall not be less than two thousand (2,000) square feet. The outdoor play area shall be suitably fenced and screened from abutting residentially zoned or used land by a greenbelt, which shall be landscaped in accordance with Article 5.00.

      3.   Frontage. Child care centers shall front onto a thoroughfare or collector road that is constructed to City standards.

      4.   Setbacks. Child care centers shall have a minimum side yard setback of at least twenty-five (25) feet.

   H.   Hospitals. The following regulations shall apply to hospitals:

      1.   Lot area. The minimum lot area for a hospital site shall be ten (10) acres.

      2.   Frontage and access. Hospitals shall front onto a major thoroughfare and the main means of access to the hospital for patients, visitors, and employees shall be via the thoroughfare. Secondary access to a hospital site may be off of a residential street.

      3.   Setbacks. The principal building and all accessory buildings shall be set back a minimum distance of fifty (50) feet from any property line.

      4.   Screening. Ambulance, emergency entrance areas, and loading areas shall be effectively screened from view from all adjacent residential uses by the building design, landscaping, or a masonry wall.

      5.   State and federal regulations. Hospitals shall be constructed, maintained, and operated in conformance with applicable state and federal laws, including provisions of the Michigan Hospital Survey and Construction Act, Public Act 299 of 1947, as amended.

   I.   Junk yards. The following regulations shall apply to junk yards:

      1.   Minimum lot area. The minimum lot area for a junk yard shall be five (5) acres.

      2.   Location. A parcel of land used for a junk yard shall abut only nonresidential or noncommercial land uses or zoning districts.

      3.   Setbacks. A minimum setback of one hundred (100) feet shall be maintained between the front property line and the portion of the lot on which junk materials are placed or stored. All buildings, fencing, and junk materials shall be set back at least one hundred (100) feet from any road or highway right-of-way line, and at least three hundred (300) feet from any property line that abuts a residentially zoned or used district.

      4.   Screening. The entire junk yard site shall be screened with an eight (8) foot obscuring masonry wall, constructed in accordance with Article 6.00. The wall shall be uniformly painted and maintained in neat appearance, and shall not have any signs or symbols painted on it.

      5.   Surfacing. All roads, driveways, parking lots, and loading and unloading areas shall be paved and provide adequate drainage.

      6.   Regulated activities. All fluids shall be drained from vehicles and disposed of in a proper manner prior to the vehicles being stored on the site.

      7.   Permits. All required City, county, state and federal permits shall be obtained prior to establishing a junkyard.

   J.   Kennels. The following regulations shall apply to commercial kennels:

      Commercial kennels. Commercial kennels shall be subject to the following standards:

         (a)   Any such kennel shall be subject to all permit and operational requirements established by county and state regulatory agencies.

         (b)   The lot on which any such kennel is located shall have a minimum lot area of one (1) acre. If more than four animals are housed in the kennel, an additional one (1) acre shall be required for every additional ten (10) animals (or fraction thereof).

         (c)   All animals, animal runs, and exercise areas shall be located within an enclosed building and shall not be located in any required front, side, or rear yard setback area, and shall be located at least one hundred (100) feet from any dwellings or buildings used by the public on adjacent property.

   K.   Mini-warehouses. The following regulations shall apply to mini-warehouses:

      1.   Lot area. The minimum lot area for mini-warehouses shall be two (2) acres.

      2.   Permitted use. Mini-warehouse establishments shall provide for storage only. All storage must be completely contained within an enclosed building.

      3.   Site enclosure. The entire site, exclusive of access drives, shall be enclosed with a six (6) foot-high masonry wall, constructed in accordance with Article 6.00. A six (6) foot chain link fence may be permitted along property lines that do not abut a residentially zoned district or residential use.

      4.   Orientation of open bays. Buildings must be oriented so that open service bays do not face adjacent major thoroughfares or arterial roads unless screened by an adjoining lot, building, or obscuring wall in compliance with Article 6.00.

      5.   Exterior appearance. The exterior of any mini-warehouse shall be of finished quality and design, compatible with the design of structures on surrounding property.

      6.   Resident manager. A resident manager may be permitted on site with the responsibility of maintaining the operation of the facility in conformance with the conditions of the approval. The manager's residence shall conform with the provision of this ordinance.

      7.   On-site circulation and parking. 

         (a)   All one-way driveways shall be designed with one (1) ten (10) foot wide loading/unloading lane and one (1) fifteen (15) foot travel lane.

         (b)   All two-way driveways shall be designed with one (1) ten (10) foot wide loading/unloading lane and two (2) twelve (12) foot travel lanes.

         (c)   The parking lanes may be eliminated if the driveway does not serve storage units. Signs and painted lines shall be used to indicate parking and traffic direction throughout the site.

   L.   Motels and hotels. The following regulations shall apply to motels or hotels:

      1.   Lot area. The minimum lot area for a motel or hotel shall be three (3) acres.

      2.   Design. Each unit available for rental within a motel or hotel shall contain a bath and at least one (1) bedroom and encompass a minimum gross floor area of three hundred fifty (350) square feet.

      3.   Services. A motel or hotel shall provide customary motel services, such as main service, linen service, telephone and/or desk service, and the use of furniture.

   M.   Nursing homes, convalescent homes, rest homes, and orphanages. The following regulations shall apply to nursing homes, convalescent homes, rest homes, and orphanages:

      1.   Minimum lot area. The minimum lot area for such facilities shall be one (1) acre.

      2.   Frontage and access. Such uses shall front onto a major thoroughfare and the main means of access to the site for residents or patients, visitors, and employees shall be via the thoroughfare. In no case shall primary access to a nursing home, convalescent home, or rest home be limited to a residential street.

      3.   Setbacks. The principal building and all accessory buildings shall be set back a minimum distance of twenty-five (25) feet from any property lines.

      4.   Open space. Any such facility shall provide a minimum of five hundred (500) square feet of outdoor open space for every bed used or intended to be used. The open space shall be landscaped and shall include places for walking and sitting. Off-street parking areas, driveways, and accessory uses or areas shall not be counted as required open space.

      5.   State and federal regulations. Nursing homes, convalescent homes, rest homes, and orphanages shall be constructed, maintained, and operated in conformance with applicable City, state, and federal laws.

   N.   Open-air business. The following regulations shall apply to permanent open-air businesses:

      1.   Minimum lot area. The minimum lot area for open-air businesses shall be ten thousand (10,000) square feet.

      2.   Driveway location. The nearest edge of any driveway serving an open-air business shall be located at least sixty (60) feet from any street or road intersection (as measured from the nearest intersection right-of-way) and at least twenty (20) feet from any side property line.

      3.   Parking setback. Parking shall be set back a minimum of ten (10) feet from any road right-of-way line.

      4.   Lot width. The minimum lot width for open-air businesses shall be one hundred (100) feet.

      5.   Loading and parking. All loading and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to spill over onto adjacent roads or alleys.

      6.   Outdoor display of vehicles. The outdoor display of new or used automobiles, boats, mobile homes, recreational vehicles, trailers, trucks, or tractors that are for sale, rent, or lease shall comply with the requirements in Section 7.02(A).

      7.   Plant material nursery. Nurseries that deal with plant materials shall comply with the following:

         (a)   Plant storage and display areas shall comply with the minimum setback requirements for the district in which the nursery is located.

         (b)   The storage of soil, wood chips, fertilizer, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties.

      8.   Composting and recycling. Composting operations and recycling center as regulated by the City of Dearborn Ordinance, Chapter 16.

   O.   Restaurant site requirements. 

      1.   Access. Points of vehicular ingress and egress shall be limited to the thoroughfare having business-zoned frontage only.

      2.   Screening. A restaurant with a rear or side yard abutting a noncommercial district shall provide a permanent obscuring wall, conforming to the requirements of Article 8.00, along the full length of each abutting property line.

      3.   Vehicular storage. Parking and vehicular storage shall only be permitted during normal business hours and any parking and vehicular storage in excess of twenty-four (24) consecutive hours shall be prohibited at all times on the premises, and the owner, franchisee holder or lessee shall post a sign or signs giving notice that all parked or stored vehicles are subject to ticketing and removal at the owner's expense.

      4.   Rubbish and debris. Each restaurant site shall be kept free of rubbish and debris and the grass and other landscaping shall be well maintained so as to present a neat and attractive appearance at all times.

   P.   Radio and television towers (commercial and public). The following regulations shall apply to commercial and public radio and television towers, microwave towers, and other communication antennas/towers:

      1.   Setbacks. Each tower shall be set back from all property lines a minimum distance equal to the height of the tower.

      2.   Fencing. An open-weave, six (6) foot high chain link fence shall be constructed around the entire perimeter, in accordance with Section 2.19.

      3.   State and federal regulations. Radio, television, and other types of communication towers shall be constructed, maintained, and operated in conformance with applicable state and federal laws.

   Q.   Recreation facilities. 

      1.   Outdoor recreation facilities. Outdoor recreation facilities, such as, but not limited to, courses for off-road vehicles and snowmobiles, campgrounds, baseball facilities, and swimming pools, shall comply with the following regulations:

         (a)   Principal and accessory buildings shall be set back at least fifty (50) feet from all property lines, unless otherwise specified herein.

         (b)   The location, layout, design, or operation of outdoor recreation facilities shall not impair the continued enjoyment, use, and future orderly development of adjacent and nearby properties. The plan commission may specify the hours of operation in order to assure compatibility with adjacent uses.

         (c)   Outdoor recreation uses shall not generate excessive noise, odors, dust, or other impacts, such that the continued use and enjoyment of adjacent properties would be impaired.

         (d)   All parking for outdoor recreation uses shall be provided in off-street parking lots, which shall be designed in accordance with Article 4.00.

         (e)   Lighting for outdoor recreation uses shall be shielded to the greatest extent possible from adjoining properties.

         (f)   Outdoor recreation uses shall be screened from view from adjacent property zoned or used for residential purposes, in accordance with Section 5.02(E).

         (g)   Accessory retail or commercial facilities, such as food and beverage facilities or equipment shops, shall be designed to serve only the patrons of the outdoor recreation facility, unless otherwise listed as a permitted use in the district in which the facility is located.

      2.   Indoor recreation facilities. Indoor recreation facilities such as, but not limited to, bowling establishments, indoor archery ranges, indoor tennis courts, indoor skating rinks, and similar indoor recreation uses shall comply with the following regulations:

         (a)   Indoor recreation uses shall be set back a minimum of fifty (50) feet from any property line that abuts a residential district.

         (b)   The location, design, and operation of an indoor recreation use shall not adversely affect the continued use, enjoyment, and development of adjacent properties. In considering this requirement, particular attention shall be focused on the adverse impact resulting from loitering on the premises.

         (c)   Indoor recreation uses shall have direct access onto a major thoroughfare.

   R.   Religious institutions. The following regulations shall apply to all religious institutions, including churches, synagogues, mosques, temples, and related uses:

      1.   Minimum site area. The minimum site area for a religious institution shall be five (5) acres.

      2.   Lot width. The minimum lot width for religious institutions shall be two hundred (200) feet with a minimal site of five (5) acres.

      3.   Parking setback. Off-street parking shall be prohibited in the front setback area required by this ordinance. No parking shall be allowed within fifteen (15) feet of any property line and comply with Article 4.00.

      4.   Frontage and access. Religious institutions shall be located on a major thoroughfare. All vehicular access to the site shall be provided from a major thoroughfare.

      5.   Landscaping. Religious institutions shall comply with the landscaping requirements set forth in Section 5.03C.

   S.   Stamping plants, punch presses, press brakes, and other machines. The following regulations shall apply to stamping machines, punch presses, press brakes, and other machines:

      1.   General requirements. All such machines shall have shock-absorbing mountings and be placed on a suitable reinforced-concrete footing. No machine shall be loaded beyond the capacity prescribed by the manufacturer. All such machines shall comply with the noise and vibration standards at all times in this ordinance.

      2.   Automatic screw machines. Automatic screw machines shall be equipped with noise silencers and shall not be located closer than three hundred (300) feet from any property zoned or used for residential purposes.

      3.   Setbacks. Punch and stamp presses, other than hydraulic presses shall comply with the performance standards in Article 8.00.

      4.   Press brakes. Press brakes shall be set back at least three hundred (300) feet from any property line zoned for residential use.

   T.   Veterinary clinics. Veterinary clinics shall comply with the following requirements:

      1.   Enclosure. All activities shall be conducted within a completely enclosed building.

      2.   Setbacks. All buildings shall be set back at least fifty (50) feet from abutting land that is zoned for residential use.

      3.   Treatment facilities. No veterinary clinic shall contain exterior facilities for boarding of animals. Treatment shall be limited to domesticated animals considered as pets.

   U.   Veterinary hospitals. Veterinary clinics shall comply with the following requirements:

      1.   Enclosure. All activities shall be conducted within a completely enclosed building.

      2.   Setbacks. All buildings shall be set back at least two hundred (200) feet from abutting land that is zoned for residential use.

      3.   Treatment facilities. No veterinary clinic shall contain exterior facilities for boarding of animals. Treatment shall be limited to domesticated animals considered as pets.

   V.   Smoking lounges. Smoking lounges shall comply with the following requirements:

      1.   Off-street parking. Smoking lounges shall provide off-street parking per the standard for restaurants, bar/lounge/taverns in Section 4.01 

      2.   Access. Points of vehicular ingress and egress shall be limited to the thoroughfare having business zoned frontage only.

      3.   Mechanical ventilation required. Mechanical ventilation shall be supplied in compliance with the Michigan Mechanical Code to ensure sufficient ventilation of the smoking lounge. The recirculation and the natural ventilation of air from the smoking lounge are prohibited. The air supplied to the smoking lounge shall be exhausted and discharged to an approved location in compliance with the Michigan Mechanical Code.

      4.   Hours of operation; outdoor dining; other outdoor activities prohibited. 

         a.   Businesses operating a licensed smoking lounge shall be closed between the hours of 2:00 a.m. and 10:00 a.m.

         b.   Outdoor dining of carryout food or food properly brought on the premises by a customer may be permitted provided it is in compliance with the Zoning Ordinance and does not violate any other section of the code or state law.

         c.   No outdoor dining of any kind, including carryout food or food properly brought on the premises by a customer, shall occur at a business operating a licensed smoking lounge with outdoor seating between the hours of 12:00 a.m. and 10:00 a.m.

         d.   All other smoking lounge business activities shall be conducted wholly indoors, unless otherwise approved by the City Council.

      5.   Notice on exterior. A clearly visible notice shall be posted by the entry door to the premises that:

         a.   Indicates that it is a smoking lounge;

         b.   Indicates it is not a food service establishment;

         c.   States that no loitering is permitted on the premises; and

         d.   States that no minors are permitted on the premises.

      6.   Minimum distances between uses. 

         a.   The establishment of a smoking lounge is prohibited if it constitutes the second such use within a one thousand two hundred (1,200) foot radius;

         b.   The establishment of a smoking lounge is prohibited if it is located within seven hundred (700) feet of a school, childcare facility, or a park.

      7.   Cap on allowable number of smoking lounges. The number of smoking lounges, as defined in Chapter 12, Article XXV, of the Code of the City of Dearborn, shall be capped at fifteen (15).

         a.   An individual may petition the City Council for permission to exceed the cap.

      8.   Smoking lounges, as defined in Chapter 12, Article XXV of the Code of the City of Dearborn, shall not :

         a.   Advertise as a restaurant or other type of food establishment;

         b.   Have paper or electronic menus for customers of the smoking lounge to use to place carry out orders for food;

         c.   Facilitate ordering or food deliveries from another food establishment;

         d.   Store or prepare food on-site;

         e.   Provide condiments, small wares such as silverware, dishware, drinking glasses or cups, dishwashing, etc., for customers of the smoking lounge;

         f.   Have wait staff to facilitate the serving of food;

         g.   Provide ice in individual servings; or

         h.   Provide water, or drinks, other than to sell incidental amounts of pre-packaged beverages.

      9.   Smoking lounges, as defined in Chapter 12, Article XXV of the Code of the City of Dearborn, may only be located on premises that are physically separated from any areas of the same or adjacent establishments in which smoking is prohibited by state law and where smoke does not infiltrate into those nonsmoking areas. "Physically separated" shall mean an area that is enclosed on all sides by any combination of solid walls, windows, or doors that extend from the floor to ceiling.

      10.   Federal, State and local regulations. All smoking lounges shall be constructed, maintained, and operated in conformance with applicable laws, ordinances, and code provisions.

          (a)   B-A, B-B, and B-C zoning districts: The occupant load of the outdoor dining area shall not exceed forty (40) percent of the interior customer/patron occupant load of the building or tenant space housing the principal use (occupant load to be determined per the Building Code).

         If the outdoor dining area does not qualify as an accessory use under the standards listed above, the outdoor dining area shall be included as part of the floor area and occupant load of the principal use for the purposes of calculating the parking requirement for that use. Outdoor dining shall not be permitted to displace off-street parking otherwise required for the principal use.

            i.   Up to ten (10) percent of the existing parking spaces for the building may be displaced to permit outdoor dining pursuant to this section, if there are less than ten (10) spaces then one space may be displaced for this purpose.

            ii.   Maximum: total permitted outdoor dining area (permanent & temporary/seasonal) shall not exceed the limits established in section 2 above.

            iii.   The outdoor dining area shall be configured to provide safe separation from neighboring parking spaces and drive aisles; movable planters and decorative fencing may be used to provide such separation.

            iv.   Adequate clearance for car door swing areas shall be maintained for adjacent parking spaces (Minimum: 2 feet).

   X.   Terminal and Transfer Facilities. Storage of shippers' containers is subject to the following restrictions:

      1.   Site Plan. Shipper's containers shall be placed or stored in areas depicted on a site plan approved by the Economic and Community Development Department — Commercial Services Division and the Fire Marshal.

      2.   Set backs. Shippers' containers shall comply with the perimeter yard setbacks for structures in an industrial zoning district, except that a minimum setback of twenty (20) feet shall be maintained between the front property line and the masonry screening wall required in subsection 7.02X(1)(c)(3), and a minimum setback of thirty (30) feet shall be maintained around the entire perimeter of the shippers' container storage area between the masonry screening wall required in subsection 7.02X(1)(c)(3) and any shippers' containers stored on the site.

      3.   Stacking. Shippers' containers may be stacked provided that:

         (a)   Shipper's container stacks shall not exceed thirty (30) feet in height.

         (b)   Only block storage is permitted, so that the number of containers stacked vertically must be equaled or exceeded by the number of containers placed side-by-side.

         (c)   The site plan must comply with applicable screening ordinances for outdoor storage, and the shippers' container storage area must be enclosed on all sides by an eight (8) foot masonry screening wall.

      4.   Portability. No shippers' container shall be permanently affixed to the ground. Shippers' containers shall be able to be moved by a reasonable means within a twenty-four (24) hour period.

      5.   Fire suppression. Shippers' containers storage areas shall comply with the applicable fire codes, including installation and maintenance of fire lanes, fire suppression lines, hydrants, and other protective devices as determined by the Fire Marshal. A site plan approved by the Economic and Community Development Department — Commercial Services Division and the Fire Marshal must be on file with the Dearborn Fire Department.

      6.   Maintenance. Shippers' containers shall be painted and maintained such that they do not constitute a nuisance, and shall be free of graffiti and rust visible from public rights-of-way and properties surrounding the shippers' container storage area. Shippers' container storage areas shall be maintained so as to be free of weeds and debris.

   Y.   Day laborer agency. Day labor agencies shall comply with the following requirements:

      1.   Minimum distance between uses. 

         a.   No such use shall be permitted within one thousand (1,000) feet from any other day labor agency and/or establishments listed under Section 7.05 of the City of Dearborn Zoning Ordinance.

         b.   No such use shall be permitted within seven hundred (700) feet from any school, childcare facility, park, residentially zoned district or any existing residential use.

      2.   On-site management. Management personnel shall be present on-site during normal business hours and must be accessible to day laborers, law enforcement personnel, and any other individuals who needs to establish communication upon or about the premises. On-site management also requires that the employee has the authority to exercise control over the premises to ensure that the use of the premises does not result in littering, nuisance activities, noise, or other activities that interfere with the peaceful enjoyment and use of surrounding properties.

      3.   Adequate seating and waiting area. The day laborer agency shall provide a waiting area located in the lobby of the day labor agency. The waiting area must accommodate seating for the maximum number of day laborers expected per day.

      4.   Restrooms and water access. The day laborer waiting area shall contain access to restrooms and water.

      5.   Trash. Trash receptacles shall be provided in the lobby waiting area. Trash and cigarette receptacles shall be provided outside the premises.

      6.   Litter. All litter on the site, on the public right-of-way, and on spaces adjacent to or within one hundred (100) feet of the premises of the use shall be picked up at least twice a day and at the close of business, and more often if necessary to prevent an unsightly or unsanitary accumulation, on each day that the business is open.

      7.   Conducting business. All waiting and business related to the day labor agency must be conducted inside the business.

   Z.   Alternative financial establishment. Alternative financial establishments shall comply with the following requirements:

      1.   Minimum distance between uses. 

         a.   No such use shall be permitted within one thousand (1,000) feet from any other alternative financial establishment listed under Section 7.05 of the City of Dearborn Zoning Ordinance.

         b.   No such use shall be permitted within seven hundred (700) feet from any school, childcare facility, park, residentially zoned district or any existing residential use.

      2.   Hours of operation. The hours of operations for alternative financial establishments are limited to 8:00 a.m. to 8:00 p.m.

      3.   Drive-thru. Drive-thru transaction stations are prohibited.

      4.   Security. 

         a.   The Dearborn Police Department will conduct a site security survey and provide recommendations for the alternative financial establishment that must implemented by the petitioner and/or business owner.

         b.   Requires unobstructed view of the business from a public street, a security plan and other approved operating and development standards.

         c.   Window bars, chains, etc. are prohibited.

         d.   At least thirty (30) percent of a first floor façade that faces a public street shall be windows or doors of clear or lightly tinted glass that allow views into the building at eye level. The business window shall not be obscured in any way, including by temporary or painted window signs.

      5.   Conducting business. All receipt, sorting or processing of checks, cash, and goods shall occur within a completely enclosed building.

      6.   Lighting. The building shall have lighting to provide illumination for security and safety of parking and access areas.

   AA.   Recreational vehicle storage facility. Recreational vehicle storage facilities shall comply with the following requirements:

      1.   Screening and security. 

         a.   A secured wall or screening fence must be constructed around the storage lot to provide security and screening from the view of the surrounding properties and adjoining streets. Rolled razor wire on fences or walls is prohibited. No fence or wall may exceed a maximum height of eight (8) feet.

         b.   As a substitute for a required screening wall or fence, the Planning Commission may, in its review of the site plan, require the use of other existing and/or proposed natural landscape features (such as closely spaced evergreens, thujas, willows, cypresses, junipers, American hollies, etc.) that would produce substantially the same results in terms of screening, durability, and permanence. The character of adjoining uses and the preferences of adjoining residents or businesses shall be taken into consideration in determining whether any such substitution is appropriate.

         c.   When natural landscape features are required for screening as part of Special Land Use approval, a fence that meets the requirements of Section 5-127 of the Dearborn Code of Ordinances must be installed in addition to the landscape features.

         d.   Lighting of the facility and storage lot must be adequate and conforming with Section 2.12 and Section 8.02 of the Dearborn Zoning Ordinance.

      2.   Operations. 

         a.   Recreational vehicle storage facilities and the operations conducted on-site shall comply with Chapter 13 "Nuisances" of the City of Dearborn Code of Ordinances.

         b.   All stored recreational vehicles shall be in operable condition with no disconnected, damaged, or missing parts. Recreational vehicles with signs of major damage to mechanical and body parts shall not be permitted.

         c.   All stored recreational vehicles must be registered with the Secretary of State during the current calendar year and display the registration decals. There are three (3) options to register a recreational vehicle with the Secretary of State. One (1) of the following three (3) registration options is required during a calendar year: A thirty (30) day option, sixty (60) day option, or twelve (12) month option.

         d.   No stored recreational vehicles shall be utilized for overnight sleeping or as a living accommodation.

         e.   No vehicles shall be displayed "for sale" on the site.

         f.   All boats are required to have covers for the open areas. All covers must be custom fit to the contours of the boat. No tarps or other non-custom fit covers, or ready-fit or semi-custom covers may be used. A custom fit cover is designed, manufactured and tailored to closely fit the body style and size group of the specific make, model and year of the item to be covered.

         g.   The facility shall not engage or operate as a site for maintenance or repair of recreational vehicles. No work or maintenance on vehicles shall be permitted.

      3.   Lot surface. 

         a.   Drive aisles and outdoor storage lots/spaces shall have an asphalt or concrete paved surface and be drained to prevent standing water.

         a.   A facility which operates as the food truck park’s licensed mobile food establishment commissary as regulated under PA 92 of 2000, MCL 289.1109 and MCL 289.4103. If all food trucks operating on the site are special transitory food units, as defined under MCL 289.1111, a licensed mobile food establishment is not required.

         b.   One of the following principal uses: a commissary kitchen, indoor dining, or offices. These uses must be directly related, and accessory to, the food truck park business.

         c.   For food truck parks with three or more food trucks, then the building must contain a commissary kitchen, as defined under Section 1.03, and an indoor dining area.

         d.   Access to washroom facilities for patrons based upon occupant load. At a minimum, two bathrooms must be provided.

         a.   A dumpster enclosure on the property per Section 2.14.A.

         b.   Installation of an exterior gravity grease interceptor for the building, or other alternative treatment technology, is required, and is subject to all applicable requirements under the law, including but not limited to the Michigan Plumbing Code and applicable plumbing and sanitation requirements found in the city’s Code of Ordinances. External waste grease storage is prohibited.

         c.   A copy of the approved plan for sewage and waste disposal (food waste, greywater, and grease) for each food truck from the Michigan Department of Agriculture and Rural Development, successor agency, or an authorized local or county health department.

         a.   Propane canisters must be securely mounted to the food truck or placed within a ventilated compartment;

         b.   A ventilated compartment must provide for the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, the location of the propane canister being used, in conformity with the definition of “ventilation” found in Sec. 202 of IFC 2024; and

         c.   Propane canisters must not be stored or placed on the ground.

         a.   The occupant load of the outdoor dining area shall not exceed fifty (50) percent of the interior customer/patron occupant load of the building (occupant load to be determined per the Building Code).

         b.   The hours of operations are limited to 7:00 a.m. and 12:00 a.m. or the operating hours of the building, whichever is more restrictive.

         c.   All outdoor dining areas must be buffered and protected from vehicles. Appropriate measures include but are not limited to fencing, landscaping, and planter boxes.

(Ord. No. 93-553, § 7.02, 2-2-1993; Ord. No. 95-643, 7-5-1995; Ord. No. 06-1088, 9-25-2006; Ord. No. 09-1200, 1-20-2009; Ord. No. 10-1277, 6-21-2010; Ord. No. 11-1306, 1-4-2011; Ord. No. 15-1458, 4-21-2015; Ord. No. 15-1479, 9-22-2015; Ord. No. 15-1483, 9-22-2015; Ord. No. 15-1492, 10-20-2015; Ord. No. 15-1501, 11-24-2015; Ord. No. 16-1519, 2-9-2016; Ord. No. 16-1531, 4-12-2016; Ord. No. 17-1582, 6-13-2017; Ord. No. 21-1722, 1-11-2022; Ord. No. 22-1772, 9-13-2022; Ord. No. 25-1839, 5-20-2025)

   A.   Housing for the elderly. The following site development standards shall apply to housing for the elderly:

      1.   Minimum floor area. Dwelling units within a building shall average three hundred fifty (350) square feet in floor area (not including kitchen and sanitary facilities).

      2.   Lot coverage. Total coverage of the all buildings, including dwelling units and related service buildings, shall not exceed thirty (30) percent of the total site, exclusive of any dedicated public right-of-way.

   B.   Single-family cluster option. Except as stated within this Section, an application for approval of a site plan for a residential cluster option shall follow the procedures and requirements established for a special use approval as stated in Article 10.00. The following standards shall apply to single-family cluster projects:

      1.   Intent. The intent of the single-family cluster option is to provide the opportunity for creative design in single family residential districts to accomplish the following primary objectives:

         (a)   To promote a higher quality of development than could be achieved under conventional zoning regulations.

         (b)   To encourage innovation in land use and variety in design, layout, and type of structures constructed.

         (c)   To provide a feasible means of residential development on sites that would otherwise be difficult or impossible to develop because of the parcel size or shape, the character of surrounding land uses, or other constraints.

      2.   Eligibility criteria. 

         (a)   In considering any proposal for the single-family cluster option, the plan commission shall determine that the proposal satisfies one (1) or more of the following eligibility criteria:

            (1) The overall impact of the development will provide a recognizable and substantial benefit to its ultimate residents and to the community.

            (2) The parcel has narrow width, shallow depth, or a unusual configuration that is a substantial detriment to development as a conventional subdivision.

            (3) A significant portion of the property's perimeter is bordered by a major or secondary thoroughfare so that, if developed as a conventional subdivision, a substantial number of the lots would abut the thoroughfare and be impacted by negative traffic noise and lights.

            (4) A substantial portion of the property's perimeter is bordered by land that is zoned or used for more intensive and potentially incompatible nonresidential development.

            (5) The parcel contains natural assets that would be preserved or enhanced through the use of cluster development. Such assets may include stands of trees, land that serves as a habitat for wildlife, unusual topographic features, or other natural assets that should be preserved.

         (b)   An application for the single-family cluster option shall be accompanied by written and graphic documentation demonstrating to the plan commission that the proposal satisfies one or more of the listed eligibility criteria.

      3.   Project density. The overall density of development on a site that qualifies for cluster development shall not exceed the standards for density as established by the underlying zoning regulations for the district in which the site is located. The density of a development shall be computed by dividing the total number of units proposed by the allowable acreage. The quotient shall be rounded to the nearest tenth of an acre.

      For the purposes of computing density, allowable acreage shall include the following:

         (a)   All areas to be used for residential purposes, including off-street parking and private access roads, but excluding public street rights-of-way;

         (b)   Dedicated private parks and/or common open space devoted for use of residents of the single family cluster development.

      4.   Site design requirements. Single-family cluster developments shall comply with the following requirements:

         (a)   Clustering alternatives. 

            (1) Attachment of units. A maximum of four (4) single-family dwelling units may be attached to each other provided that measures are taken to avoid monotonous facade design or the appearance of massive buildings that are out-of-scale with surrounding single family development. The attached units shall be offset from one another, and/or different design details (i.e., different building entrance designs, different building materials, etc.) shall be used for each unit.

            (2) Detached clusters. A maximum of four (4) single-family detached units may be combined into a single cluster, provided that the units shall be spaced not less than ten (10) feet apart. This spacing requirement may be waived or modified by the plan commission during site plan review, based upon a favorable recommendation of the City fire chief and compliance with the building Code requirements.

         (b)   Open space.   

            (1) General requirements. Single-family cluster developments shall provide and must maintain at least fifteen percent (15%) of the site as dedicated common open space.

            (2) Water bodies and basins. Up to twenty-five percent (25%) of the required open space may include the area of any created water bodies or water detention/retention basins.

            (3) Conveyance of open space. The required open space shall be set aside by the developer through an irrevocable conveyance, such as a deed restriction(s) or covenant(s) that run with the land, assuring that the open space will be developed, dedicated and continually maintained according to the site plan and never changed to another use.

         (c)   Setbacks. 

            (1) Setbacks between clusters. Each cluster of attached or detached dwelling units shall be set back a minimum distance of fifty (50) feet from any other cluster, except that the minimum setback for adjoining clusters that have a side-to-side building relationship shall be twenty (20) feet.

            (2) Building setbacks. Buildings within each cluster shall comply with the following minimum setbacks:

 

 

         (d)   Landscaping. Single-family cluster developments shall comply with the landscaping requirements specified in Article 5.00.

         (e)   Transitional area in density. Where the parcel proposed for use as a cluster development abuts a conventional single-family development, the cluster development shall be designed to provide an orderly transition between the two (2) developments. Such a transition may be achieved by providing a buffer zone consisting of any of the following: open space, additional landscaping, berms, changes in topography, or similar measures.

         (f)   Sidewalks. Sidewalks shall be provided along all public roads within the cluster development.

         (g)   Utility connections. Each dwelling unit shall be separately connected and metered for City water and sewer service.

      5.   Determination of eligibility. The application for cluster development shall include documentation that the proposal satisfies one or more of the eligibility criteria set forth in Section 7.03C. The planning commission shall make a preliminary determination whether the proposal qualifies for the cluster option, based on the submitted documentation.

      6.   Effect of preliminary eligibility determination. Preliminary determination by the planning commission that a parcel qualifies for cluster development does not assure approval of the site plan. Such a determination, however, does give the applicant the opportunity to proceed further with site plan review.

      7.   Site plan review. A cluster housing development shall be subject to the site plan review requirements in Article 32.00 of this ordinance, as well as the additional requirements in this Section.

      8.   Information required for site plan review. In addition to the information required in Article 32.00 as a part of site plan review, the following information shall be included on all cluster option plans submitted for review:

         (a)   Acreage and density computations.

         (b)   Setbacks from all property lines and distances between all buildings and between buildings and roads.

         (c)   Proposed landscape screening along the perimeter and within the site.

         (d)   Specific locations of significant site features such as tree stands and water retention areas.

         (e)   Delineation of open space areas and detailed information concerning common access and proposed landscaping or other improvements within the open space.

      9.   Recording of Planning Commission action. Each action taken with reference to a cluster development proposal, including the grounds for the action taken, shall be duly recorded in the minutes of the planning commission.

      10.   Recording of documents. If the planning commission approves the cluster development proposal, all requirements and conditions upon which such approval is based shall be included as part of the approved site plan. Easements, deed covenants or deed restrictions shall be drafted into recordable forms, reviewed and approved as to form by the city attorney, and filed by the applicant, with the appropriate county agency prior to the issuance of a building permit for any construction.

      11.   Performance guarantee. A performance guarantee shall be deposited with the City to insure faithful completion of improvements, in accordance with this Ordinance.

   C.   Child care organizations. The following regulations shall apply to all child care organizations as defined in Article 1 of this ordinance:

      1.   Licensing. In accordance with applicable state laws, all child care organizations shall be licensed by the Department Licensing and Regulatory Affairs and shall comply with the minimum standards of the Child Care Organizations ACT (1973 PA 116).

      2.   Sleeping areas. In new and converted institutions, single occupant sleeping rooms shall not be less than seventy (70) square feet, exclusive of closet space. In new and converted institutions, multi-occupant sleeping rooms shall not be less than fifty (50) square feet per occupant, exclusive of closet space.

      3.   Toilet and bathing facilities. There shall be at least one (1) toilet, lavatory, and tub or shower, which are easily accessible from sleeping quarters, for each eight (8) residents.

      4.   Recreational areas. An institution shall provide and follow its written policy regarding recreational activities. A variety of indoor and outdoor recreational areas shall be provided and indicated on the site plan and floor plans. The Planning Commission shall have the authority to review and approve the proposed recreational activities plan and areas and determine its adequacy in relation to the size and occupancy of the facility.

      1.   It must be conducted entirely within a dwelling by the owner or tenants.

      2.   It must be clearly incidental to the principal use of the dwelling as a residence.

      3.   It must not change the character or appearance of the residence.

      4.   It must not result in any signs or displays on the premises.

      5.   It must not result in any sales of commodities or goods on the premises.

   E.   Marijuana and Medical Marijuana Home Occupations.

      Adult-use participant. Means an individual 21 years of age or older that possesses, stores, and/or processes marijuana pursuant and subject to the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951et seq.

         1)   The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;

         2)   Industrial hemp; or

         3)   Any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.

            i.   The location of the enclosed, locked facility shall not be in an area of the dwelling/premises where a utility or access to a utility is located that may be accessed by someone other than the registered primary caregiver.

(Ord. No. 93-553, § 7.03, 2-2-1993; Ord. No. 17-1603, 1-16-2018; Ord. No. 22-1781, 12-14-2022; Ord. No. 25-1845, 7-15-2025)

   Commercial uses in industrial developments. In all commercial districts, a limited amount of storage is permitted where the storage is accessory to the principal retail use. Similarly, in industrial districts office and sales operations are permitted where such activities are clearly incidental to the principal industrial use.

   In certain businesses, the accessory use is an integral part of the overall business operation, such that the business takes on the character of a "mixed use." In these cases, the specific guidelines provided in this section should be used to determine if the accessory use is reasonable and should be permitted.

   Retail uses in industrial districts. Retail uses shall be deemed acceptable accessory uses in industrial districts if the following criteria are met:

      (a)   Character of the principal use. The principal use on the site must be industrial in character. The retail activity must be an integral part of the business such that separation of the manufacturing and retail activity would adversely affect operating and management procedures.

      (b)   Percent of floor area. The retail activity shall occupy no more than thirty percent (30%) of total floor area or one thousand (1,000) square feet, whichever is less.

      (c)   Percent of gross value. The gross value of the retail sales shall not exceed thirty percent (30%) of the gross value of the products produced on the premises.

      (d)   Products offered for sale. Retail sales shall be limited primarily to products produced on the premises. If it is determined by the zoning administrator that the sale of limited specialty products not produced on the premises is essential to installation or use of the principal product sold, then such sales may be permitted provided that in total, they represent less than fifty percent (50%) of the on-site retail sales.

      (e)   Compatibility of traffic. The type and quantity of traffic generated by the retail sales operation shall be compatible with permitted industrial uses in the district.

      (f)   Parking. Adequate parking shall be provided for the retail sales, as specified in Section 4.01. Off-street parking shall be subject to the location and setback requirements for the district in which the use is located.

(Ord. No. 93-553, § 7.04, 2-2-1993)

   A.   Scope of regulations. In the development and execution of these zoning regulations, it is recognized that there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, including the diversity and vibrancy of business districts. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area; i.e., not more than one such use within one thousand two-hundred (1,200) feet of another. The establishment of the following kinds of uses is prohibited if the establishment of any one of the following uses constitutes the second such use within a one thousand two-hundred (1,200) foot radius:

      1.   Adult book or supply store;

      2.   Adult model studio;

      3.   Adult motion picture arcade;

      4.   Adult motion picture theater or adult live stage performing theater;

      5.   Adult outdoor motion picture theater;

      6.   Adult physical cultural establishment;

      7.   Adult entertainment establishment;

      8.   Boarding house or rooming house;

      9.   Cabaret;

      10.   Massage parlor or massage establishment not including state-certified massage therapists or practitioners;

      11.   Pawn shop or collateral loan or exchange establishments;

      12.   Public lodging house;

      13.   Second-hand resale stores.

   B.   Application procedure. Application to establish any of the above regulated uses shall be made to the zoning administrator, who shall not approve any such application if there are already in existence two (2) or more such regulated uses within a radius of one thousand (1,000) feet of the outermost boundaries of the lot upon which the proposed regulated use will be situated.

   C.   Waivers. Upon denial of any application for a regulated use under Section 7.05B., the applicant may appeal for a waiver of the location provisions above to the board of appeals consistent with the standards set forth below. The board may waive the location provisions set forth in subsection 7.05(8), after all the following findings are made:

      1.   Compliance with regulations. The proposed use will not be contrary to any other provision of these zoning regulations, or injurious to nearby properties;

      2.   Not enlarge district. The proposed use will not enlarge or encourage the development of a "skid row" or "strip";

      3.   Consistent with programs. That the establishment of an additional regulated use will not be contrary to, or interfere with, any program of urban renewal or neighborhood development;

      4.   Consistent with law. That all applicable City, state, or federal laws and regulations will be observed.

   D.   Procedure for waiver. Prior to granting a waiver of the location restrictions set forth above, and not less than five (5), nor more than fifteen (15), days before the request for waivers is considered or a public hearing held pursuant to this Section, the board shall publish, in a newspaper of general circulation in the City, one (1) notice indicating that a request for waivers to establish a regulated use has been received, and shall send by mail or personal delivery a copy of that notice to the owners of the property for which waivers are being considered, and to all waivers are being considered, and to all persons to whom any real property is assessed within three hundred (300) feet of the boundary of the premises in question, and to the occupants of all structures within three hundred (300) feet. If the name of the occupant is not known, the term "occupant" may be used in making notification.

      1.   Notification to manager. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one (1) occupant of each dwelling unit or spatial area shall receive notice. In the case of a single structure containing more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

      2.   Notice contents. The notice of application shall:

         (a)   Inform the recipient of the applicant's name,

         (b)   Describe the nature and type of use proposed,

         (c)   Indicate the local address,

         (d)   The lot number and subdivision name of the property in question, and,

         (e)   Provide the section of the zoning chapter under which the proposal is being processed.

   This notice shall also invite written comments, statements, or opinions, and indicate the place and date upon which written comments concerning the proposed use must be received.

      3.   Hearing requests. The notice of application shall further indicate that a public hearing on the proposed regulated use may be requested by a property owner or occupant, no less than eighteen (18) years of age, of a structure located within three hundred (300) feet of the boundary of the property being considered for the regulated use. If the applicant or the board requests a public hearing under this section, any interested person may be represented by a person, firm, organization, partnership, corporation, board or bureau.

   E.   Establishment prohibited near schools, residential zones. 

      1.   Restrictions. It shall be unlawful to hereafter establish any regulated use if the proposed regulated use will be within a seven hundred (700) foot radius of a residentially zoned district, or within a seven hundred (700) foot radius of any nursery, primary, or secondary school. This prohibition relative to the establishment of a regulated use near residentially zoned districts shall be waived upon the presentment to the board of appeals of a validated petition requesting such waiver, signed by at least fifty-one (51) percent of occupants of all addresses within seven hundred (700) feet of the proposed location. No waivers shall be given to permit a regulated use to locate within a seven hundred (700) foot radius of any nursery, primary, or secondary school.

      2.   Petitions for waiver. Petitions for waiver shall conform to the following requirements:

         (a)   Circulators of petitions must subscribe to an affidavit to be included on each page of petition signatures attesting to the fact that the circulator is at least eighteen (18) years old, that the petition was circulated in accordance with the rules of the Dearborn Zoning Ordinance, and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appeared thereon.

         (b)   Each petition sheet must identify and recite the Dearborn Zoning Ordinance section that the petitioner is petitioning to be waived, and identify the proposed use that would be allowed if the requirement is waived. Appendix pages that contain only signatures are not permitted.

         (c)   The petition must elicit from each signer the signer's printed and signed name, full address within seven hundred (700) feet of the proposed regulated use, the date of signing and, if applicable, the name of the business represented by the signer.

         (d)   The zoning administrator shall provide the petitioner a list of all addresses that are within a seven hundred (700) foot radius of the proposed regulated use. For purposes of determining the base number of addresses that will be used in evaluating whether the fifty-one (51) percent threshold is satisfied, the following standards shall be utilized:

            (1)   The phrase "occupants of all addresses" shall be construed to include the following:

               a.   The occupant of a residential structure, whether or not owner-occupied, or the owner of a vacant residential structure. Each unit of a multiple-family dwelling with its own street address shall be considered a separate address.

               b.   The occupant of each unit within a commercial building, whether occupied by the owner or a tenant, or the owner of a vacant commercial building, regardless of the number of units. If a commercial building is partially occupied, then the occupied units shall each be counted as a separate address and each be entitled to a signature, and all vacant units in the building will be considered a single address for which the building owner may sign once.

               c.   The owner of a multi-unit commercial or professional building in which units are accessible exclusively through common interior corridors. Any residential units within a multi-unit building, and any units with public exterior entrances, shall each be considered a separate address whose occupant may separately sign without affecting the right of the owner to sign once on behalf of all interior units.

               d.   A representative of a religious or educational institution. The religious or educational institution shall be considered one (1) address entitled to one (1) signature, regardless of the number of buildings that comprise the institution.

               e.   The owner or management company of a residential apartment complex in which the individual units are labeled by apartment number. The apartment complex shall be considered a single address entitled to one (1) signature, regardless of the number of separate buildings that comprise the complex.

               f.   To the extent that multiple addresses within the petition area may be validly represented by the same person, that person may sign on behalf of each property he or she properly represents.

               g.   Only one (1) signature will be permitted and required per address, regardless of the number of persons residing in or working at the address.

            (2)   The phrase "occupants of all addresses" shall not be deemed to include the following:

               a.   Addresses assigned to vacant land on which no structure exists.

               b.   In the event that reaching the fifty-one (51) percent threshold is jeopardized solely by the existence of an unreasonably high number of vacant properties, the petitioner may submit to the zoning administrator a list of addresses that the petitioner wishes to challenge as being included in the base number. If the zoning administrator can independently verify that the properties are vacant and the owners of those properties are unreachable, the zoning administrator may remove those properties from the list.

            (3)   Any decision of the zoning administrator to include or exclude an address may be appealed to the zoning board of appeals.

      3.   Filing of waiver. The zoning board of appeals shall not consider the waiver of location requirements until the above described petition, if required, shall have been filed and verified by the zoning administrator. The zoning administrator shall verify the petition by reviewing each signature for conformance with the requirements of this section, and by sending a letter to each signer at the address provided on the petition informing the signer that he or she signed the petition, requesting that the signer contact the zoning administrator if the signer believes that the signature is invalid, and informing the signer of the date of the board of appeals meeting at which the waiver will be considered.

      4.   Conditions of approval. Prior to the granting of approval for the establishment of any regulated use, the planning commission may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the regulated use as in its judgment may be necessary for the protection of the public interest. Any evidence, bond, or other performance and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

   F.   Specific penalties. No person operating an adult entertainment business shall permit any person under the age of eighteen (18) to be on the premises of said business either as an employee or customer. In addition to the penalties provided in this ordinance, violation of this provision may result in criminal prosecution pursuant to Article 2 of Ordinance Chapter 14, as amended, entitled "Penal Code".

(Ord. No. 93-553, § 7.05, 2-2-1993; Ord. No. 12-1362, 9-11-2012; Ord. No. 17-1591, 9-12-2017)