Division. For the purposes of this chapter, the City of Dearborn Heights is hereby divided into districts as follows:

(1)

R1, Single-family residential district.

(2)

RM, Multiple dwelling residential district.

(3)

MHP, Mobile home park district.

(4)

C1, Neighborhood business district.

(5)

C2, General business district.

(6)

C3, Commercial use district.

(7)

CX, Commercial-residential mixed use district.

(8)

O, Office district.

(9)

M1, Light industrial district.

(10)

M2, Medium industrial district.

(11)

MX, Industrial-commercial mixed use district.

(12)

GO, Taylor Dearborn Heights Gateway Overlay District.

(Ord. No. H-07-01, § 3.101, 7-24-07; Ord. No. H-10-07, § IA, 11-23-10; Ord. No. H-23-03, 10-24-23)

(a)

The boundaries of the various zoning districts are shown upon the incorporated amended zoning map of the city, which shall be identified as the official zoning map of the city by the signature of the mayor and attested by the city clerk. The official zoning map shall bear the seal of the city under the following words:

"This is to certify that this is the Official Zoning Map of the City of Dearborn Heights, Michigan, effective as of the effective date of this ordinance [November 23, 2010]."

(b)

Inclusion in zoning ordinance. The official zoning map and all notations, references, and other information shown thereon shall be adopted by reference and declared to be a part of this chapter. The official zoning map and all such notations, references, and other information shown thereon shall have the same force and effect as if fully set forth or described herein.

(c)

Boundaries of districts. Except as explicitly referenced on the official zoning map, the boundary lines of zoning districts shall follow lot lines, the centerlines of streets or alleys (or such lines extended), and the corporate limits of the city, as they existed at the time of the adoption of this chapter.

(1)

Divided lots. Where a district boundary line, as established in this section or as shown on the official zoning map, divides a lot which was in single ownership and of record at the time of enactment of this chapter, the use authorized thereon and the district requirements applying to the least restricted portion of such lot shall be considered as extending to the entire lot, provided that the more restricted portion of such lot is entirely within twenty-five (25) feet of the dividing district boundary line. The use so extended shall be deemed to be conforming.

(2)

Boundary disputes. Questions concerning the exact location of district boundary lines shall be determined by the zoning board of appeals, according to rules and regulations which may be adopted by the board.

(d)

Changes to zoning map. If in accordance with the provisions of this chapter, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the map promptly after the amendment has been approved by the city council. No changes of any nature shall be made on the official zoning map, except in conformity with the amendment procedures set forth in article XIV, division 4, Amendments, or in conformity with the procedures set forth in the Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended) for adoption of a new official zoning map.

(e)

Final authority. The official zoning map shall be retained in the office of the city clerk, and shall be the final authority as to the current zoning status of land, water areas, and structures in the city.

(Ord. No. H-07-01, § 3.102, 7-24-07; Ord. No. H-10-07, § IB, 11-23-10; Ord. No. H-18-02, § I, 2-27-18)

Intent. The R1 single-family residential district is hereby established to provide for a principal land use of single-family dwellings and to accommodate existing two-family dwellings within the city, along with other associated uses and facilities that serve residents in the districts. More specifically, the intent of these districts is to:

(1)

Encourage the construction of and the continued use of single-family dwellings;

(2)

Prohibit any other use which would substantially interfere with development or maintenance of single-family dwellings in the districts;

(3)

Preserve the balance between single-family and two-family housing stock by allowing two-family dwelling units on only those lots on which a two-family dwelling exists as of the date of adoption of this chapter;

(4)

Encourage the design and maintenance of two-family dwelling units to be consistent with the surrounding single-family homes;

(5)

Encourage the discontinuance of existing uses that would not be permitted as new uses in the districts under the provisions of this chapter;

(6)

Prohibit any other land use which would substantially interfere with development or maintenance of existing residences in the districts;

(7)

Discourage any land use which would generate traffic on minor or local streets, other than normal traffic to serve the residences on those streets; and

(8)

Discourage any use which, due to its character or size, would create requirements and costs for public services such as fire and police protection, water supply, and sewerage substantially in excess of such requirements and costs if the district were developed solely for single-family dwellings.

(Ord. No. H-07-01, § 3.103, 7-24-07)

(a)

Intent. The multiple dwelling residential district, designated RM, is hereby established to provide for a district which permits the residential use of land with various types of multiple dwellings and related uses. Various types and sizes of residential accommodations, for ownership or rental, are permitted in this district, with the intent of meeting the needs of diverse age and family groups in the community without over-burdening existing community facilities, utilities, or services.

(b)

Guidelines. Uses in the RM district should be located near streets with adequate planned capacity to accommodate the traffic volumes typically generated by higher-density development, and shall be adequately served by public water, sanitary sewer, and other appropriate utilities and services. Development in this district shall be subject to appropriate design, density, and development standards (including bulk, setback, and separation standards and provisions for sufficient light, air, privacy, and recreation areas) that are intended to prevent congestion on public streets, reduce hazards to life and property, provide adequate recreation areas and basic amenities, and ensure compatibility with adjacent single-family areas.

(Ord. No. H-07-01, § 3.104, 7-24-07)

(a)

Intent. The mobile home park district, designated MHP, is hereby established to provide for the location and regulation of mobile home parks, as defined by the Mobile Home Commission Act (PA 96 of 1987, as amended), the Manufactured Housing Commission General Rules, and section 36-37.

(1)

Location. In accordance with the purpose of this district, mobile home parks shall be located in areas where they will be compatible with adjacent land uses.

(2)

Additional purposes. Further, this district is intended to meet the needs of the different age and family groups in the community, prevent congestion on the public streets, minimize hazards to life and property, and ensure sufficient provisions for light, air, privacy, recreation areas, and basic amenities to serve the residents of the district.

(b)

Regulations. The regulations and rules established by the Mobile Home Commission Act, PA 96 of 1987 (as amended), and the manufactured housing commission govern all mobile home parks. Where regulations in this article and ordinance exceed the state law or general rules, they are intended to promote the health, safety, and welfare of the city's residents, and to ensure that mobile home parks are developed and maintained in a manner equivalent to the standards established by this chapter for comparable residential developments in the city.

(Ord. No. H-07-01, § 3.105, 7-24-07)

(a)

Intent. The neighborhood business district, designated C1, is hereby established to provide for local service and convenience shopping facilities to meet the day-to-day needs of persons residing in nearby residential areas. The further intent is to encourage the concentration of local business areas in locations proposed in the comprehensive development plan to the mutual advantage of both consumers and merchants, and thereby promote the best use of land at certain strategic locations and avoid the continuance of encouraging marginal strip business development along major streets.

(b)

Prohibitions. In order to promote neighborhood-scale business development so far as is appropriate in each area, uses are prohibited in the C1 district which would create hazards, offensive and loud noises, vibration, smoke, glare, heavy truck traffic, or late hours of operation. Unless otherwise specified, automotive-related services and other uses that would typically hinder pedestrian circulation or disrupt the functioning of this district shall also be prohibited.

(Ord. No. H-07-01, § 3.106, 7-24-07)

Intent. The general business district, designated C2, is hereby established to provide for a wider range of business and entertainment activities than is permitted in the neighborhood business district or commercial-residential mixed use district. Uses in the C2 district would include those types of businesses and services typically found in shopping centers and at the junction of principal streets. Such uses generate larger volumes of vehicular traffic and typically require greater off-street parking and loading areas. Careful planning is required to integrate general business districts with adjacent areas of less-intensive uses.

(Ord. No. H-07-01, § 3.107, 7-24-07)

Intent. The commercial use district, designated C3, is hereby established to provide for a wide range of commercial, office, service, and entertainment activities. Uses in the C3 district include those types of businesses typically found along major arterial streets. Such uses cater to the needs of the community rather than the neighborhood and typically require greater off-street parking and loading areas. The C3 district also reflects the broad range of uses that currently exist along the city's major arterials.

(Ord. No. H-10-07, § IC, 11-23-10)

(a)

Intent. The commercial-residential mixed use district, designated CX, is hereby established to encourage an appropriate combination of small-scale commercial uses, including office uses, and complementary residential uses designed to promote physical activity, alternative transportation, and greater social interaction. More specifically, the intent of the CX district is to:

(1)

Encourage and direct development within the boundaries of the commercial-residential mixed use district and implement the policies for the mixed-use retail residential land use classification in the City of Dearborn Heights Master Plan;

(2)

Encourage residential and nonresidential uses that are compatible in scale with adjacent residential neighborhoods;

(3)

Allow flexibility in development standards to recognize the challenge of developing small-scale mixed-use buildings that are a similar scale to surrounding residential development;

(4)

Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets;

(5)

Minimize the adverse effects of nonresidential traffic on the adjacent residential neighborhood;

(6)

Permit the development and redevelopment of large-scale parcels with a mix of commercial and residential uses incorporating design amenities that provide equal accommodations for pedestrians and motorists; and

(7)

Limit the size of any single commercial retail use and provide for creative facade designs that reflect a more village center feel over that of a shopping center, thereby contributing to a vibrant pedestrian environment.

(b)

Prohibitions. In light of the inclusion of residential uses in the CX district, uses are prohibited which would create hazards, offensive and loud noises, vibration, smoke, glare, or heavy truck traffic. Unless otherwise specified, automotive-related services and other uses that would typically hinder pedestrian circulation or disrupt the functioning of this district shall also be prohibited.

(Ord. No. H-07-01, § 3.108, 7-24-07; Ord. No. H-10-07, § IC, 11-23-10)

Intent. The office district, designated O, is hereby established to provide for a district intended to permit those office and restricted business uses which will:

(1)

Provide opportunities for local employment close to residential areas, thus reducing travel to and from work;

(2)

Provide clean, modern office buildings in landscaped settings;

(3)

Provide, when adjacent to residential areas, appropriate districts for uses which do not generate large volumes of traffic, traffic congestion, or parking problems; and

(4)

Promote the most desirable use of land in accordance with the comprehensive development plan.

(Ord. No. H-07-01, § 3.109, 7-24-07; Ord. No. H-10-07, § IC, 11-23-10)

(a)

Intent. The light industrial district, designated M1, is hereby established to permit certain industries which are of a light manufacturing, research, warehousing, or wholesaling character to locate within planned areas of the city. So that such uses may be integrated with surrounding commercial and residential uses, limitations are placed upon the degree of noise, smoke, glare, waste, and other features of industrial operations so as to avoid adverse effects. It is further intended that these light industrial uses act as a transition between heavier industrial uses and non-industrial uses. Uses in the M1 district do not necessarily need access to railroads or major utility facilities.

(b)

Industrial activity statement. Any new industrial business in the city shall submit a complete, signed industrial activity statement, according to the provisions of section 36-342, Industrial activity statement.

(Ord. No. H-07-01, § 3.110, 7-24-07; Ord. No. H-10-07, § IC, 11-23-10)

(a)

Intent. The medium industrial district, designated M2, is hereby established to permit certain industries to locate in desirable areas of the city, based upon the comprehensive development plan. The intent of the medium industrial district is to promote the creation of high-quality industrial, research, and manufacturing jobs, and permit large-scale or specialized operations requiring proximity to rail and/or major roads and needing special sites, utilities, or public services. Reasonable regulations apply to uses in this district, so as to permit the location of industries which will not cause adverse effects on residential and commercial areas in the city.

(b)

Prohibitions. To meet the purpose and intent of the M2 district, certain land uses are prohibited, including, but not limited to:

(1)

Uses that would result in an excessive or unusual danger of fire, explosion, toxicity, or exposure to radiation;

(2)

Uses that create unusually noxious, offensive, unhealthy, or harmful odors, fumes, dust, smoke, light, waste, noise, or vibration; and

(3)

Any residential uses.

(c)

Industrial activity statement. Any new industrial business in the city shall submit a complete, signed industrial activity statement, according to the provisions of section 36-342, Industrial activity statement.

(Ord. No. H-07-01, § 3.111, 7-24-07; Ord. No. H-10-07, § IC, 11-23-10)

(a)

Intent. The industrial-commercial mixed use district, designated MX, is hereby established to encourage an appropriate combination of low-impact industrial activities, professional offices, and complementary business and service uses. More specifically, the intent of this district is to:

(1)

Encourage and direct development within the boundaries of the industrial-commercial mixed use district.

(2)

Minimize the adverse effects of nonresidential traffic on the adjacent residential neighborhood.

(3)

Permit the development of employment opportunities close to residential areas, thus reducing travel to and from work;

(4)

Provide for orderly, planned development of modern office and industrial manufacturing buildings in landscaped settings which will provide for uses which are generally compatible with or which may be safely and aesthetically located in proximity to commercial and residential uses; and

(5)

Limit the degree of noise, smoke, glare, waste, and other undesirable features of industrial operations so as to provide for a better integration of industrial and commercial uses.

(b)

Industrial activity statement. Any new industrial business in the city shall submit a complete, signed industrial activity statement, according to the provisions of section 36-342, Industrial activity statement.

(Ord. No. H-07-01, § 3.112, 7-24-07; Ord. No. H-10-07, § IC, 11-23-10)

Intent. The Taylor Dearborn Heights Gateway Overlay District is intended to create a uniform set of land use regulations along the Taylor-Dearborn Heights border that will lead to development in both communities that supports a pedestrian-orientated district with enhanced design requirements, which will improve the visual character of the Van Born Gateway corridor during the next twenty (20) years. Each use shall be complimentary to the stated function and purpose of the district and shall not have adverse impacts upon adjacent street capacity and safety, utilities, and other city services. The Taylor Dearborn Heights Gateway overlay district is hereby created with the following purposes:

(1)

To enhance the appearance of the cities by introducing site and building design requirements that will enhance the character of the Gateway overlay district.

(2)

To support economic development within the Gateway overlay district by improving the overall sense of place.

(3)

To create a positive impression of the cities and to provide an attractive introduction to the communities.

(4)

To protect the public health, safety, and welfare of the residents of the cities through coordinated land use regulations.

(5)

To improve the vehicular and pedestrian safety of the cities residents and visitors through land use regulations and physical improvements.

(6)

To provide a mechanism for retrofitting previously developed sites in conformance with these regulations through incentives.

(7)

To improve sustainability through increased landscaping that break-up large areas of impervious surfaces, provide shade, control noise and dust, buffer and screen incompatible land uses, and promote a safe environment with an overall pleasant appearance and that facilitate internal circulation.

(8)

To maximize retention of existing trees, shrubs, and other natural and environmentally sensitive areas which are deemed a valuable resource.

(9)

To ensure a coordinated effort between the Cities of Taylor and Dearborn Heights through adoption of the same regulations and procedures within the Gateway overlay district.

(Ord. No. H-23-03, 10-24-23)

In all districts, no structure or land shall be used or occupied except in conformance with section 36-93, Table of permitted uses by district, and as otherwise provided for in this chapter. Uses subject to special conditions may be permitted in accordance with section 36-93, Table of permitted uses by district, subject to a public hearing and approval by the planning commission in accordance with the procedures and conditions defined in division 3, Special approval uses. Uses for enterprises or purposes that are contrary to federal, state or local laws or ordinances are prohibited.

(Ord. No. H-07-01, § 3.201, 7-24-07; Ord. No. H-11-01, § 1, 1-11-11)

(a)

Generally. Uses that are not specifically listed as a principal, special, or accessory use permitted by this chapter in a zoning district, or otherwise determined to be similar to a listed and permitted use, shall be prohibited in the district. Uses for enterprises or purposes that are contrary to federal, state or local laws or ordinances are prohibited in all districts.

(b)

Michigan Medical Marijuana Act Uses. Uses for enterprises or purposes that are permitted under the Michigan Medical Marijuana Act, MCL 333.26421 et seq., are only prohibited under this section if they are contrary to federal laws or ordinances to the extent that there is "a positive conflict" between the Michigan Medical Marijuana Act and federal laws or ordinances. For purposes of this section, the determination of whether "a positive conflict" exists between the Michigan Medical Marijuana Act and federal laws or ordinances shall be made based on the Michigan Supreme Court's opinion in Ter Beek v. City of Wyoming or any other controlling federal or Michigan court decision arising after it.

(Ord. No. H-07-01, § 3.202, 7-24-07; Ord. No. H-11-01, § 1, 1-11-11; Ord. No. H-14-04, § I, 5-13-14)

All uses shall comply with any applicable requirements of article VI, Use Standards, and all other applicable provisions of this chapter and other City Codes and Ordinances. No structure shall be erected, reconstructed, altered, or enlarged, nor shall permits or certificates of occupancy be issued, except in conformance with this chapter and other City Codes and Ordinances.

(Ord. No. H-07-01, § 3.203, 7-24-07)

All streets, alleys, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, or railroad rights-of-way. Where the centerline of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Ord. No. H-07-01, § 3.204, 7-24-07)

Any street, alley, railroad right-of-way or other public way or portion thereof within the city not otherwise classified within the boundaries of a zoning district on the official zoning map shall, upon vacation, automatically be classified in the same zoning district as the parcel(s) to which it attaches.

(Ord. No. H-07-01, § 3.205, 7-24-07)