This article contains general information for all special purpose zoning districts and overlay areas. For each district, the article contains a general purpose statement, a list of permitted uses, and any other district-specific regulations that may apply. For a complete list of permitted uses in all zoning districts, see the use table in Article XII, Division 1, of this chapter. To determine whether a property within a special zoning district is located within a development plan area, see Section 50-4-2 of this Code. To determine whether a property within a special zoning district is designated as historic, see Chapter 21, Article II, Division 5, of this Code, Historic Districts and Landmarks, and Article XVII of this chapter.

(Code 1984, § 61-11-1; Ord. No. 11-05, § 1(61-11-1), eff. 5-28-2005; Ord. No. 13-11, § 1(61-11-1), eff. 8-23-2011)

In the special purpose zoning districts where single-family dwellings are permitted by right, state-licensed residential facilities, as provided for in Section 206 of the Michigan Zoning Enabling Act, being MCL 125.3206, for six or fewer persons, shall also be permitted by right. In addition, in those districts where single-family dwellings are permitted as a conditional use, state-licensed residential facilities for six or fewer persons, shall also be permitted on a conditional basis.

(Code 1984, § 61-11-2; Ord. No. 11-05, § 1(61-11-2), eff. 5-28-2005; Ord. No. 44-06, § 1(61-11-2), eff. 12-21-2006)

The PD Planned Development District will permit planned developments throughout the City and will be particularly useful in district areas established in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, for urban renewal. Such planned developments shall be substantially in accordance with the goals and objectives of the Master Plan, by having a major land use that corresponds to the most general category of land use, which are residential, retail and local services, industrial, mixed use, parks and open space and other, proposed in the Master Plan for the area involved. Such planned developments shall provide a desirable environment for the uses proposed and shall not be out of harmony with their general surroundings. The regulations of the district are designed to accomplish this by permitting flexibility in overall development while ensuring adequate safeguards and standards for public health, safety, convenience, and general welfare and, where applicable, encouraging historic preservation. Developers are advised to confer with the Planning and Development Department or the City Planning Commission to ensure compliance with this Code before investing large amounts of time and energy in preparing plans and proposals. The review and approval procedures for developments on land zoned PD are specified in Article III, Division 4, of this chapter.

(Code 1984, § 61-11-11; Ord. No. 11-05, § 1(61-11-11), eff. 5-28-2005; Ord. No. 10-13, § 1(61-11-11), eff. 4-16-2013)

(a)

Site plan review is required for all uses in the PD Planned Development District. (See Article III, Division 5, of this chapter.) Unlike other districts, once a PD District is established, site plan review in the PD District is the review by the City Planning Commission for consistency with:

(1)

The dated site plans and elevations adopted at the time the PD District was established or with the dated site plans and elevations adopted as a result of a modification of the approved plans, as provided in Section 50-3-97 of this Code; or

(2)

The Development Plan adopted in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, for urban renewal in a district area established in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74.

(b)

Where the City Planning Commission finds that a PD District outside of a district area established in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, for urban renewal was established without a requisite plan, such as on land previously zoned RMA, no site plan review shall be required unless one or more of the applicability criteria in Section 50-3-113(1) through 50-3-113(7) or 50-3-113(10) of this Code is applicable.

(Code 1984, § 61-11-12; Ord. No. 11-05, § 1(61-11-12), eff. 5-28-2005; Ord. No. 44-06, § 1(61-11-12), eff. 12-21-2006)

Uses permitted shall include any and all uses subject to review by the City Planning Commission and to approval by the City Council, provided, that the major land use shall correspond to the most general category of land use proposed in the Master Plan for the area involved. Land use categories include residential, retail and local services, industrial, mixed use, parks and open space, and other. Medical marijuana facilities and adult-use marijuana establishments, as specified in Section 50-12-110 of this Code, are not permitted on land zoned PD, where established as a residential planned development. See Article XII of this chapter for a complete listing of all use regulations and standards, and Article XII, Division 5, of this chapter for accessory uses, including home occupations.

(Code 1984, § 61-11-13; Ord. No. 11-05, § 1(61-11-13), eff. 5-28-2005; Ord. No. 13-15, § 1(61-11-13), eff. 7-11-2015; Ord. No. 2021-9, § 1, eff. 4-3-2021)

Lot dimensions, setbacks, height limitations, lot coverage percentages, and floor area ratios should be appropriate to the nature of the project and relate well to surrounding development.

(Code 1984, § 61-11-14; Ord. No. 11-05, § 1(61-11-14), eff. 5-28-2005)

(a)

Master Plan. The proposed development should reflect applicable policies stated in the Master Plan. The policies relating to the geographic area in question as well as general policies will be considered. This chapter requires that the proposed major land use be consistent with the adopted Master Plan in all PD developments.

(b)

Scale, form, massing, and density. Scale, form, massing and density should be appropriate to the nature of the project and relate well to surrounding development.

(c)

Compatibility. The proposed development should be compatible with surrounding development in terms of land use, general appearance and function, and should not adversely affect the value of properties in the immediate vicinity.

(d)

Circulation. Vehicular and pedestrian circulation facilities should be adequately designed to meet expected demands. Disruption of traffic flow in surrounding areas should be minimized, and truck traffic should be carefully planned and controlled, especially to avoid use of residential streets.

(e)

Parking and loading. Where appropriate, adequate vehicular off-street parking and loading should be provided. The City Planning Commission will be guided by standards delineated in this chapter with adjustments appropriate to each specific situation.

(f)

Environmental impacts. Environmental impacts that relate to such factors as noise, air, combustibles and explosives, gases, soil, and water pollution, toxic waste, vibration, odor, glare, and radiation, should be controlled to be within acceptable levels at all times.

(g)

Open space. Adequate public and private open space should be provided for light and air, landscaping and, where appropriate, for passive and active recreation. Lot size, setbacks and yard requirements are flexible, but the City Planning Commission will be guided by standards that appear in comparable zoning ordinance district classifications.

(h)

Rights-of-way, easements, and dedications. Where appropriate, adequate rights-of-way, easements and dedications should be provided for trafficways, utilities and community facilities.

(i)

River access. Where appropriate, public access should be provided, including provision of adequate right-of-way for the continuous pedestrian and bicycle pathway being developed along the Detroit River.

(j)

Screening. Appropriate buffering and screening of service, loading, refuse collection, mechanical and electrical equipment and of parking areas should be provided.

(k)

Orientation. Careful consideration should be given to orientation both for solar access to the proposed project and for shadow impact upon surrounding development.

(l)

Signage. Signage and graphics should be tastefully designed to be visually appealing and in character with surrounding development. They should provide needed information, direction, and orientation in a clear and concise manner.

(m)

Security considerations. Security considerations, especially avoidance of visually isolated public spaces, should be a major element of the design program.

(n)

Accessibility. Barrier-free access and public safety features should be carefully planned.

(o)

Preservation and restoration. Preservation and restoration of buildings having architectural or historic value should be considered a primary objective.

(p)

Urban design. Urban design elements of form and character, especially in intensely developed areas, should be carefully considered. Such elements include, but are not limited to: richness and interest of public areas through the provision of storefronts, window displays, landscaping, and artwork; color, texture and quality of structural materials; enclosure of public spaces; variations in scale; squares, plazas and/or "vest pocket parks" where appropriate; continuity of experience, visual activity and interest; articulation and highlighting of important visual features; and preservation and enhancement of important views and vistas.

(q)

Amenities. Special attention should be given to amenity and comfort considerations such as provision for outdoor seating, restrooms for public use, bicycle storage, convenience of access points, and protection from harsh weather through features as enclosed walkways and arcaded pedestrian areas.

(r)

Maintenance. Careful attention should be given to ease of maintenance of the completed project. Snow removal, mowing, cleaning, and other maintenance and repair operations should be considered.

(s)

Construction period. Phasing, staging, and interim circulation patterns should be well-planned so as to minimize disruption during the construction period.

(t)

District areas for urban renewal. In addition, in district areas established in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, for urban renewal, the preliminary site plan must conform to the design criteria as stated in the Development Plan adopted in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, except as may have been authorized as a minor deviation by the Board of Zoning Appeals in accordance with Section 50-2-74 and Section 50-4-2(c) of this Code.

(Code 1984, § 61-11-15; Ord. No. 11-05, § 1(61-11-15), eff. 5-28-2005; Ord. No. 34-11, § 1(61-11-15), eff. 12-22-2011)

The P1 Open Parking District is designed for off-street parking of private passenger vehicles on property which abuts, or is separated by an alley or easement from, a non-residential district. The regulations permit the establishment of parking facilities to serve the non-residential uses, and at the same time do not permit the non-residential uses themselves to extend into residential areas. The district will assist in reducing traffic congestion caused by non-residential uses and at the same time will protect abutting residential areas from the deleterious effects of adjacent vehicular parking areas.

(Code 1984, § 61-11-41; Ord. No. 11-05, § 1(61-11-41), eff. 5-28-2005)

Site plan review is required for all conditional uses and for certain by-right uses within the P1 Open Parking District. See Article III, Division 5, of this chapter.

(Code 1984, § 61-11-42; Ord. No. 11-05, § 1(61-11-42), eff. 5-28-2005)

Uses permitted by right in the P1 Open Parking District are limited to parking structures and parking lots for operable private passenger vehicles excluding towing service storage yards. See Article XII of this chapter for a complete listing of all use regulations and standards, Article III, Division 5, of this chapter to determine when site plan review is required for by-right uses, and Article XII, Division 5, of this chapter for accessory uses.

(Code 1984, § 61-11-43; Ord. No. 11-05, § 1(61-11-43), eff. 5-28-2005; Ord. No. 04-12, § 1(61-11-43), eff. 3-30-2012)

The only land use permitted conditionally in the P1 Open Parking District is the storage of new motor vehicles, accessory to a salesroom or sales lot for new motor vehicles. See Article XII of this chapter for a complete listing of all use regulations and standards, and Article XII, Division 5, of this chapter for accessory uses, including home occupations.

(Code 1984, § 61-11-44; Ord. No. 11-05, § 1(61-11-44), eff. 5-28-2005)

Development in the P1 Open Parking District shall comply with the general intensity and dimensional standards provided for in Section 50-13-123 of this Code.

(Code 1984, § 61-11-45; Ord. No. 11-05, § 1(61-11-45), eff. 5-28-2005)

Adequate ingress and egress shall be provided and shall be by means of streets or alleys adjacent to or extending through B1, B2, B3, B4, B5, B6, M1, M2, M3, M4, M5, TM, W1, or SD2 Districts, or by private roadways extending through or abutting such districts. All such roadways shall be surfaced in a manner at least equivalent to that which is required in Section 50-14-230 of this Code for the parking or storage area.

(Code 1984, § 61-11-46; Ord. No. 11-05, § 1(61-11-46), eff. 5-28-2005)

The following specific use limitations shall apply in the P1 Open Parking District:

(1)

The parking area shall be used for parking or storage of operable private passenger vehicles only;

(2)

No charge shall be made for parking or storage;

(3)

No business involving vehicle repair, service, sale or display for sale, or any other type of business, shall be conducted from or upon such premises;

(4)

No structures other than those required by, or specifically permitted herein, in this chapter shall be erected or placed on the premises; and

(5)

No buildings other than those for shelter of attendants shall be erected or placed upon said premises, and there shall be not more than two such buildings in any one area and neither building shall be more than 50 square feet in area nor shall each exceed 15 feet in height.

(Code 1984, § 61-11-47; Ord. No. 11-05, § 1(61-11-47), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Parking areas on land zoned P1 shall conform to the landscaping and screening provisions of Article XIV, Division 2, Subdivisions B and C, of this chapter.

(Code 1984, § 61-11-48; Ord. No. 11-05, § 1(61-11-48), eff. 5-28-2005; Ord. No. 13-11, § 1(61-11-48), eff. 8-23-2011)

See Section 50-14-230 of this Code for provisions regarding the surface of parking or storage areas within the P1 Open Parking District.

(Code 1984, § 61-11-49; Ord. No. 11-05, § 1(61-11-49), eff. 5-28-2005)

See Section 50-14-236 of this Code for provisions regarding lighting within the P1 Open Parking District.

(Code 1984, § 61-11-50; Ord. No. 11-05, § 1(61-11-50), eff. 5-28-2005)

The PC Public Center District includes areas used or to be used for governmental, recreational, and cultural purposes of particular or special civic importance. All construction or other improvement within this district requires that the Planning and Development Department and the City Planning Commission review and make recommendation to City Council, as provided for in Article III, Division 6, of this chapter so as to ensure a completely harmonious, pleasing, and functional public center.

(Code 1984, § 61-11-61; Ord. No. 11-05, § 1(61-11-61), eff. 5-28-2005)

Site plan review is required for all conditional uses and for certain by-right uses within the PC Public Center District. See Article III, Division 5, of this chapter.

(Code 1984, § 61-11-62; Ord. No. 11-05, § 1(61-11-62), eff. 5-28-2005)

Uses permitted by right in the PC Public Center District are delineated in Section 50-11-54 through Section 50-11-58 of this Code. See Article XII of this chapter for a complete listing of all use regulations and standards, Article III, Division 5, of this chapter to determine when site plan review is required for by-right uses, and Article XII, Division 5, of this chapter for accessory uses, including home occupations.

(Code 1984, § 61-11-63; Ord. No. 11-05, § 1(61-11-63), eff. 5-28-2005)

By-right residential uses within the PC Public Center District are as follows: None.

(Code 1984, § 61-11-64; Ord. No. 11-05, § 1(61-11-64), eff. 5-28-2005)

By-right public, civic, and institutional uses within the PC Public Center District are as follows:

(1)

Auditoriums, public.

(2)

Convention or exhibit buildings.

(3)

Educational institution or cultural building.

(4)

Library.

(5)

Museum.

(6)

Outdoor entertainment facility.

(7)

Outdoor recreation facility.

(8)

Public aquarium.

(9)

School, elementary, middle/junior high, or high.

(10)

Stadium or sports arena, public only.

(11)

All other public recreational uses and "park and open space" uses.

(Code 1984, § 61-11-65; Ord. No. 11-05, § 1(61-11-65), eff. 5-28-2005)

By-right retail, service, and commercial uses within the PC Public Center District are as follows:

(1)

Arcade, when clearly incidental and accessory to uses permitted in the PC District and where located on the same zoning lot.

(2)

Office, public only.

(3)

Parking lot or parking area for operable private passenger vehicles open to the public.

(4)

Parking structure, open to the public and having ground floor commercial space or other space oriented to pedestrian traffic.

(5)

Retail sales and services clearly incidental and accessory to uses permitted in the PC District and where located on the same zoning lot, such as food service counters, restaurants, bars and lounges, gift and souvenir shops, shoeshine stand or parlor, and personal service establishments.

(Code 1984, § 61-11-66; Ord. No. 11-05, § 1(61-11-66), eff. 5-28-2005)

By-right manufacturing and industrial uses within the PC Public Center District are as follows: None.

(Code 1984, § 61-11-67; Ord. No. 11-05, § 1(61-11-67), eff. 5-28-2005)

Other by-right uses within the PC Public Center District are as follows:

(1)

Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.

(2)

Boat terminal, passenger.

(3)

Public center open uses.

(Code 1984, § 61-11-68; Ord. No. 11-05, § 1(61-11-68), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Uses permitted conditionally in the PC Public Center District are delineated in Section 50-11-60 through Section 50-11-64 of this Code. See Article XII of this chapter for a complete listing of all use regulations and standards, and Article XII, Division 5, of this chapter for accessory uses, including home occupations.

(Code 1984, § 61-11-69; Ord. No. 11-05, § 1(61-11-69), eff. 5-28-2005)

Conditional residential uses within the PC Public Center District are as follows: None.

(Code 1984, § 61-11-70; Ord. No. 11-05, § 1(61-11-70), eff. 5-28-2005)

Conditional public, civic, and institutional uses within the PC Public Center District are as follows: None.

(Code 1984, § 61-11-71; Ord. No. 11-05, § 1(61-11-71), eff. 5-28-2005)

Conditional retail, service, and commercial uses within the PC Public Center District are as follows:

(1)

Commercial parking lots or areas not permitted by right in the PC District.

(2)

Parking structures not permitted by right in the PC District.

(Code 1984, § 61-11-72; Ord. No. 11-05, § 1(61-11-72), eff. 5-28-2005)

Conditional manufacturing and industrial uses within the PC Public Center District are as follows: None.

(Code 1984, § 61-11-73; Ord. No. 11-05, § 1(61-11-73), eff. 5-28-2005)

Other conditional uses within the PC Public Center District are as follows:

(1)

Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.

(2)

Heliports.

(Code 1984, § 61-11-74; Ord. No. 11-05, § 1(61-11-74), eff. 5-28-2005; Ord. No. 10-13, § 1(61-11-74), eff. 4-16-2013; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Development in the PC Public Center District shall comply with the general intensity and dimensional standards provided for in Section 50-13-124 of this Code.

(Code 1984, § 61-11-75; Ord. No. 11-05, § 1(61-11-75), eff. 5-28-2005)

The exterior design, appearance, and location of any proposed building, or exterior alteration of any existing building, structure, or premises, or part thereof, including any exterior signs, and parking, loading or unloading areas within the PC Public Center District shall be reviewed by the Planning and Development Department and by the City Planning Commission to ensure harmony with the public center where it is located and consistency with the spirit, intent, and purpose of this chapter. A written report shall be filed with the City Council recommending approval or disapproval of the proposed use, facility or alteration, and recommending any changes deemed necessary to ensure conformity with the spirit, intent, and purpose of this district. In each case, the City Council shall approve, disapprove, or adjust said recommendation by adoption of a resolution. See Article III, Division 6, of this chapter.

(Code 1984, § 61-11-76; Ord. No. 11-05, § 1(61-11-76), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

The City Planning Commission and the Planning and Development Department shall review proposals, referenced in Section 50-11-66 of this Code, in accordance with the following criteria:

(1)

The proposed development should reflect applicable policies stated in the Master Plan;

(2)

Scale, form, massing and density should be appropriate to the nature of the project and relate well to surrounding development;

(3)

The proposed development should be compatible with surrounding development in terms of land use, general appearance and function and should not adversely affect the value of adjacent properties;

(4)

Vehicular and pedestrian circulation facilities should be adequately designed to meet expected demands; disruption of traffic flow in surrounding areas should be minimized; truck traffic should be carefully planned and controlled;

(5)

Adequate vehicular off-street parking and loading should be provided, where appropriate;

(6)

Adequate public and private open space should be provided for light and air, landscaping, and, where appropriate, for passive and active recreation;

(7)

Adequate rights-of-way, easements and dedications should be provided where appropriate for trafficways, utilities and community facilities;

(8)

Public access should be provided where appropriate, including provision of adequate right-of-way for the continuous pedestrian/bicycle pathway being developed along the Detroit River;

(9)

Appropriate buffering and screening of service, loading, refuse collection, mechanical and electrical equipment and parking areas should be provided;

(10)

Careful consideration should be given to orientation for solar access to both the proposed project and surrounding development;

(11)

Signage and graphics should be tastefully designed to be visually appealing and in character with surrounding development; they should provide needed information, direction and orientation in a clear and concise manner;

(12)

Security considerations, especially avoidance of visually isolated public spaces, should be a major element of the design program;

(13)

Barrier-free access and public safety features should be carefully planned;

(14)

Preservation/restoration of buildings having architectural or historic value should be considered a primary objective;

(15)

Urban design elements of form and character should be carefully considered; such elements include, but are not limited to: richness/interest of public areas through the provision of storefronts, window displays, landscaping, and artwork; color, texture and quality of structural materials; enclosure of public spaces; variations in scale; squares, plazas and/or "vest pocket parks" where appropriate; continuity of experience, visual activity and interest; articulation and highlighting of important visual features; preservation/enhancement of important views and vistas;

(16)

Special attention should be given to amenity and comfort considerations such as provision for outdoor seating, restrooms for public use, bicycle storage, convenience of access points and protection from harsh weather through such features as enclosed walkways and arcaded pedestrian areas;

(17)

Careful attention should be given to ease of maintenance of the completed project; snow removal, mowing, cleaning, and other maintenance and repair operations should be considered;

(18)

Phasing, staging and interim circulation patterns should be well-planned so as to minimize disruption during the construction period.

(Code 1984, § 61-11-77; Ord. No. 11-05, § 1(61-11-77), eff. 5-28-2005)

The Public Center Adjacent District (Restricted Central Business District) includes property in close proximity to the Public Center District, and the controls specified in this division are designed to prevent any uses or structures within the district from having a deleterious effect upon the public center. Uses in this district shall include, to the maximum extent possible, ground-floor commercial space or other space oriented to pedestrian traffic, to enhance the public streetscape and street-level activity.

(Code 1984, § 61-11-81; Ord. No. 11-05, § 1(61-11-81), eff. 5-28-2005; Ord. No. 13-11, § 1(61-11-81), eff. 8-23-2011)

Site plan review is required for all conditional uses and for certain by-right uses within the PCA Public Center Adjacent District (Restricted Central Business District). See Article III, Division 5, of this chapter.

(Code 1984, § 61-11-82; Ord. No. 11-05, § 1(61-11-82), eff. 5-28-2005)

Uses permitted by right in the PCA Public Center Adjacent District (Restricted Central Business District) are delineated in Section 50-11-84 through Section 50-11-88 of this Code. See Article XII of this chapter for a complete listing of all use regulations and standards, Article III, Division 5, of this chapter to determine when site plan review is required for by-right uses, and Article XII, Division 5, of this chapter for accessory uses, including home occupations.

(Code 1984, § 61-11-83; Ord. No. 11-05, § 1(61-11-83), eff. 5-28-2005)

By-right residential uses within the PCA Public Center Adjacent District (Restricted Central Business District) are as follows:

(1)

Loft.

(2)

Multiple-family dwelling having ground-floor commercial space or other space oriented to pedestrian traffic.

(3)

Residential use combined in structures with permitted commercial uses.

(Code 1984, § 61-11-84; Ord. No. 11-05, § 1(61-11-84), eff. 5-28-2005)

By-right public, civic, and institutional uses within the PCA Public Center Adjacent District (Restricted Central Business District) are as follows:

(1)

Auditoriums, public.

(2)

Child care center.

(3)

Convention or exhibit buildings.

(4)

Customs office.

(5)

Educational institution.

(6)

Family day care home.

(7)

Library.

(8)

Museum.

(9)

Outdoor recreation facility.

(10)

Public aquarium.

(11)

Religious institution.

(Code 1984, § 61-11-85; Ord. No. 11-05, § 1(61-11-85), eff. 5-28-2005)

By-right retail, service, and commercial uses within the PCA Public Center Adjacent District (Restricted Central Business District) are as follows:

(1)

Arcade.

(2)

Assembly hall.

(3)

Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone without drive-up or drive-through facilities.

(4)

Bake shop, retail

(5)

Bank without drive-up or drive-through facilities.

(6)

Barber or beauty shop.

(7)

Brewpub or microbrewery or small distillery or small winery.

(8)

Business college or commercial trade school.

(9)

Cabaret, inside the Central Business District.

(10)

Dance hall, public, inside the Central Business District.

(11)

Dry cleaning, laundry, or laundromat.

(12)

Establishment for the sale of beer or alcoholic liquor for consumption on the premises, inside the Central Business District.

(13)

Financial services center without drive-up or drive-through facilities.

(14)

Hotel, inside the Central Business District.

(15)

Medical or dental clinic, physical therapy clinic, or massage facility.

(16)

Nail salon.

(17)

Office, business or professional, having ground-floor commercial space or other space oriented to pedestrian traffic.

(18)

Parking lot or parking area for operable private passenger vehicles.

(19)

Parking structure, having ground-floor commercial space or other space oriented to pedestrian traffic.

(20)

Pool hall.

(21)

Precious metal and gem dealer, subject to Section 50-12-304 of this Code.

(22)

Private club, lodge, or similar use.

(23)

Radio or television station.

(24)

Recording studio or photo studio or video studio, no assembly hall.

(25)

Recreation, indoor commercial and health club.

(26)

Restaurant, carry-out or fast-food, subject to Section 50-12-310(7) of this Code.

(27)

Restaurant, standard, without drive-up or drive-through facilities.

(28)

Shoe repair shop.

(29)

Smoking lounge, cigar.

(30)

Store of a generally recognized retail nature whose primary business is the sale of new merchandise without drive-up or drive-through facilities.

(31)

Theater and concert café, excluding drive-in theaters.

(32)

Used goods dealer, subject to Section 50-12-304 of this Code.

(Code 1984, § 61-11-86; Ord. No. 11-05, § 1(61-11-86), eff. 5-28-2005; Ord. No. 34-05, § 1(61-11-86), eff. 12-6-2005; Ord. No. 13-11, § 1(61-11-86), eff. 8-23-2011; Ord. No. 38-14, § 1(61-11-86), eff. 10-16-2014; Ord. No. 37-17, § 1(61-11-86), eff. 2-6-2018; Ord. No. 2023-36, § 1, eff. 3-5-2024)

By-right manufacturing and industrial uses within the PCA Public Center Adjacent District (Restricted Central Business District) are as follows:

(1)

Blueprinting shop.

(2)

Newspaper, daily, publishing or printing.

(Code 1984, § 61-11-87; Ord. No. 11-05, § 1(61-11-87), eff. 5-28-2005)

Other by-right uses within the PCA Public Center Adjacent District (Restricted Central Business District) are as follows:

(1)

Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.

(2)

Heliports.

(3)

Marinas.

(4)

Tunnel or bridge plaza and terminal, vehicular.

(Code 1984, § 61-11-88; Ord. No. 11-05, § 1(61-11-88), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Uses permitted conditionally in the PCA Public Center Adjacent District (Restricted Central Business District) are delineated in Section 50-11-90 through Section 50-11-94 of this Code. See Article XII of this chapter for a complete listing of all use regulations and standards, and Article XII, Division 5, of this chapter for accessory uses, including home occupations.

(Code 1984, § 61-11-89; Ord. No. 11-05, § 1(61-11-89), eff. 5-28-2005)

Conditional residential uses within the PCA Restricted Central Business District are as follows:

(1)

Religious residential facilities.

(2)

Multiple-family dwelling, other than that permitted by right.

(Code 1984, § 61-11-90; Ord. No. 11-05, § 1(61-11-90), eff. 5-28-2005)

Conditional public, civic, and institutional uses within the PCA Public Center Adjacent District (Restricted Central Business District) are as follows:

(1)

Outdoor entertainment facility.

(2)

Schools.

(3)

Stadium or sports arena.

(Code 1984, § 61-11-91; Ord. No. 11-05, § 1(61-11-91), eff. 5-28-2005; Ord. No. 13-11, § 1(61-11-91), eff. 8-23-2011)

Conditional retail, service, and commercial uses within the PCA Public Center Adjacent District (Restricted Central Business District) are as follows:

(1)

Automated teller machine not accessory to other use on the same zoning lot, which is stand-alone, with drive-up or drive-through facilities.

(2)

Bank with drive-up or drive-through facilities.

(3)

Banquet facility.

(4)

Cabaret, outside the Central Business District.

(5)

Dance hall, public, outside the Central Business District.

(6)

Establishment for the sale of beer or alcoholic liquor for consumption on the premises, inside the Central Business District.

(7)

Financial services center with drive-up or drive-through facilities.

(8)

Hotel, outside the Central Business District.

(9)

Motor vehicle filling station.

(10)

Motor vehicle washing and steam cleaning.

(11)

Motor vehicles, new, salesroom or sales lot.

(12)

Office, business or professional, other than that permitted by right.

(13)

Parking structure, not having ground floor commercial space or other space oriented to pedestrian traffic.

(14)

Rental hall.

(15)

Restaurant, carry-out or fast-food, other than that permitted by right.

(16)

Restaurant, standard, subject to Section 50-12-311(4) of this Code.

(17)

Retail sales and personal service in business and professional offices.

(18)

Smoking lounge, other.

(19)

Specially designated distributor's (SDD) or specially designated merchant's (SDM) establishment.

(20)

Tobacco retail store.

(Code 1984, § 61-11-92; Ord. No. 11-05, § 1(61-11-92), eff. 5-28-2005; Ord. No. 13-11, § 1(61-11-92), eff. 8-23-2011; Ord. No. 38-14, § 1(61-11-92), eff. 10-16-2014; Ord. No. 18-18, § 1(61-11-92), eff. 8-30-2018; Ord. No. 2023-36, § 1, eff. 3-5-2024)

Conditional manufacturing and industrial uses within the PCA Public Center Adjacent District (Restricted Central Business District) are as follows: None.

(Code 1984, § 61-11-93; Ord. No. 11-05, § 1(61-11-93), eff. 5-28-2005)

Other conditional uses within the PCA Public Center Adjacent District (Restricted Central Business District) are as follows:

(1)

Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.

(2)

Passenger transportation terminals.

(Code 1984, § 61-11-94; Ord. No. 11-05, § 1(61-11-94), eff. 5-28-2005; Ord. No. 10-13, § 1(61-11-94), eff. 4-16-2013; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Development in the PCA Public Center Adjacent District (Restricted Central Business District) shall comply with the general intensity and dimensional standards provided for in Section 50-13-125 of this Code.

(Code 1984, § 61-11-95; Ord. No. 11-05, § 1(61-11-95), eff. 5-28-2005)

The exterior design, appearance, and location of any proposed building, or exterior alteration of any existing building, structure, or premises, or part thereof, and the location and design of any proposed sign, parking facilities or loading and unloading areas within the PCA Public Center Adjacent District (Restricted Central Business District) shall be reviewed by the Planning and Development Department and by the City Planning Commission for consistency with the spirit, purpose, and intent of this district. In each case, the City Council shall approve, disapprove, or adjust said recommendation by adoption of a resolution. See Article III, Division 6, of this chapter for design criteria applicable to the PCA District.

(Code 1984, § 61-11-96; Ord. No. 11-05, § 1(61-11-96), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

The City Planning Commission and the Planning and Development Department shall review proposals, referenced in Section 50-11-96 of this Code, in accordance with the following criteria:

(1)

The proposed development should reflect applicable policies stated in the Detroit Master Plan of Policies;

(2)

Scale, form, massing and density should be appropriate to the nature of the project and relate well to surrounding development;

(3)

The proposed development should be compatible with surrounding development in terms of land use, general appearance and function and should not adversely affect the value of adjacent properties;

(4)

Vehicular and pedestrian circulation facilities should be adequately designed to meet expected demands; disruption of traffic flow in surrounding areas should be minimized; truck traffic should be carefully planned and controlled;

(5)

Adequate vehicular off-street parking and loading should be provided, where appropriate;

(6)

Adequate public and private open space should be provided for light and air, landscaping, and, where appropriate, for passive and active recreation;

(7)

Adequate rights-of-way, easements and dedications should be provided where appropriate for trafficways, utilities and community facilities;

(8)

Public access should be provided where appropriate, including provision of adequate right-of-way for the continuous pedestrian/bicycle pathway being developed along the Detroit River;

(9)

Appropriate buffering and screening of service, loading, refuse collection, mechanical and electrical equipment and parking areas should be provided;

(10)

Careful consideration should be given to orientation for solar access to both the proposed project and surrounding development;

(11)

Signage and graphics should be tastefully designed to be visually appealing and in character with surrounding development; they should provide needed information, direction and orientation in a clear and concise manner;

(12)

Security considerations, especially avoidance of visually isolated public spaces, should be a major element of the design program;

(13)

Barrier-free access and public safety features should be carefully planned;

(14)

Preservation/restoration of buildings having architectural or historic value should be considered a primary objective;

(15)

Urban design elements of form and character should be carefully considered; such elements include, but are not limited to: richness/interest of public areas through the provision of storefronts, window displays, landscaping, and artwork; color, texture and quality of structural materials; enclosure of public spaces; variations in scale; squares, plazas and/or "vest pocket parks" where appropriate; continuity of experience, visual activity and interest; articulation and highlighting of important visual features; preservation/enhancement of important views and vistas;

(16)

Special attention should be given to amenity and comfort considerations such as provision for outdoor seating, restrooms for public use, bicycle storage, convenience of access points and protection from harsh weather through such features as enclosed walkways and arcaded pedestrian areas;

(17)

Careful attention should be given to ease of maintenance of the completed project; snow removal, mowing, cleaning, and other maintenance and repair operations should be considered;

(18)

Phasing, staging and interim circulation patterns should be well-planned so as to minimize disruption during the construction period.

(Code 1984, § 61-11-97; Ord. No. 11-05, § 1(61-11-97), eff. 5-28-2005)

Any land use featuring drive-up or drive-through facilities shall be subject to site plan review as provided for in Section 50-3-113(6) of this Code. No such drive-up or drive-through facilities or outdoor walk-up pass-through feature shall be approved without strict attention to traffic safety, as provided for in Section 50-3-281(9) of this Code, and the adequacy of vehicle stacking/access lanes, as provided for in Article XIV, Division 1, Subdivision H, of this chapter, provided, that in no instance shall a Specially Designated Merchant's (SDM) establishment or a Specially Designated Distributor's (SDD) establishment be considered for drive-up or drive-through facilities.

(Code 1984, § 61-11-98; Ord. No. 11-05, § 1(61-11-98), eff. 5-28-2005)

The TM Transitional-Industrial District is a special transitional district covering areas currently developed with a mixture of uses, which, among others, is a relatively large number of residential uses and which the Master Plan of Land Use Policies indicates is to be developed eventually into industrial uses. The district regulations provide for a guided change to the terminal land use while, at the same time, protecting, as much as possible, the existing residential development. No new residential development shall be permitted in this district, provided, that the existing residential development shall not be considered nonconforming. As the area changes from a residential to a non-residential character, a rezoning to the appropriate industrial classification should be effectuated.

(Code 1984, § 61-11-101; Ord. No. 11-05, § 1(61-11-101), eff. 5-28-2005)

Site plan review is required for all conditional uses and for certain by-right uses within the TM Transitional-Industrial District. See Article III, Division 5, of this chapter.

(Code 1984, § 61-11-102; Ord. No. 11-05, § 1(61-11-102), eff. 5-28-2005)

Uses permitted by right in the TM Transitional-Industrial District are delineated in Section 50-11-114 through Section 50-11-118 of this Code. (See Section 50-11-126 of this Code for other applicable regulations, Article XII of this chapter for a complete listing of all use regulations and standards, Article III, Division 5, of this chapter to determine when site plan review is required for by-right uses, and Article XII, Division 5, of this chapter for accessory uses, including home occupations.) Notwithstanding the preceding, any by-right use on a development parcel consisting of one or more acres shall be considered a conditional use.

(Code 1984, § 61-11-103; Ord. No. 11-05, § 1(61-11-103), eff. 5-28-2005)

All residential uses, within the TM Transitional-Industrial District, existing on December 22, 1968, shall be conforming uses and shall be subject to all conditions and requirements of the district where they are first permitted by right, provided, that no new residential use may be established.

(Code 1984, § 61-11-104; Ord. No. 11-05, § 1(61-11-104), eff. 5-28-2005)

By-right public, civic, and institutional uses within the TM Transitional-Industrial District are as follows:

(1)

Armory.

(2)

Auditoriums, public.

(3)

Electric transformer station.

(4)

Fire or police station, post office, courthouse and similar public building.

(5)

Gas regulator station.

(6)

Governmental service agency.

(7)

Library.

(8)

Museum.

(9)

Neighborhood center, non-profit.

(10)

Outdoor recreation facility.

(11)

Power or heating plant with fuel storage on site.

(12)

Religious institution.

(13)

Stadium or sports arena.

(14)

Telephone exchange building.

(15)

Water works, reservoir, pumping station, or filtration plant.

(Code 1984, § 61-11-105; Ord. No. 11-05, § 1(61-11-105), eff. 5-28-2005)

By-right retail, service, and commercial uses within the TM Transitional-Industrial District are as follows:

(1)

Animal-grooming shop.

(2)

Arcade.

(3)

Assembly hall.

(4)

Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone.

(5)

Bake shop, retail.

(6)

Bank.

(7)

Banquet facility.

(8)

Barber or beauty shop.

(9)

Body art facility.

(10)

Brewpub or microbrewery or small distillery or small winery, subject to Section 50-12-217 of this Code.

(11)

Business college or commercial trade school.

(12)

Commissary.

(13)

Customer service center.

(14)

Dry cleaning, laundry, or laundromat.

(15)

Employee recruitment center.

(16)

Financial services center.

(17)

Food stamp distribution center.

(18)

Go-cart track.

(19)

Golf course, miniature.

(20)

Kennel, commercial.

(21)

Medical or dental clinic, physical therapy clinic, or massage facility.

(22)

Mortuary or funeral home.

(23)

Motor vehicle filling station, subject to Article XII, Division 3, Subdivision D, of this chapter.

(24)

Motor vehicle washing and steam cleaning.

(25)

Motor vehicles, new, salesroom or sales lot.

(26)

Motor vehicles, new, storage lot accessory to a salesroom or sales lot for new motor vehicles.

(27)

Motorcycles, retail sales, rental or service.

(28)

Nail salon.

(29)

Office, business or professional.

(30)

Parking lot or parking area for operable private passenger vehicles.

(31)

Parking structure.

(32)

Pet shop.

(33)

Pool hall.

(34)

Precious metal and gem dealer.

(35)

Printing or engraving shop.

(36)

Private club, lodge, or similar use.

(37)

Produce or food market, wholesale.

(38)

Radio or television station.

(39)

Radio, television, or household appliance repair shop.

(40)

Rebound tumbling center.

(41)

Recording studio or photo studio or video studio, no assembly hall.

(42)

Recreation, indoor commercial and health club.

(43)

Rental hall.

(44)

Restaurant, carry-out or fast-food.

(45)

Restaurant, standard, subject to Section 50-12-311 of this Code.

(46)

Retail sales and service in business and professional offices.

(47)

Shoe repair shop.

(48)

Store of a generally recognized retail nature whose primary business is the sale of new merchandise, with or without drive-up or drive-through facilities.

(49)

Taxicab dispatch and/or storage facility.

(50)

Theater and concert café, excluding drive-in theaters.

(51)

Trailer coaches or boat sale or rental, open air display.

(52)

Trailers, utility—sales, rental or service; moving truck/trailer rental lot.

(53)

Used goods dealer.

(54)

Veterinary clinic for small animals.

(Code 1984, § 61-11-106; Ord. No. 11-05, § 1(61-11-106), eff. 5-28-2005; Ord. No. 34-05, § 1(61-11-106), eff. 12-6-2005; Ord. No. 13-11, § 1(61-11-106), eff. 8-23-2011; Ord. No. 10-13, § 1(61-11-106), eff. 4-16-2013; Ord. No. 38-14, § 1(61-11-106), eff. 10-16-2014; Ord. No. 37-17, § 1(61-11-106), eff. 2-6-2018; Ord. No. 18-18, § 1(61-11-106), eff. 8-30-2018; Ord. No. 2023-6, § 1, eff. 3-8-2023; Ord. No. 2023-41, § 1, eff. 12-30-2023)

By-right manufacturing and industrial uses within the TM Transitional-Industrial District are as follows:

(1)

Baling of waste paper or rags.

(2)

Blueprinting shop.

(3)

Chemical materials blending or compounding but not involving chemicals manufacturing.

(4)

Cold storage plant.

(5)

Confection manufacture.

(6)

Containerized freight yard.

(7)

Contractor, yard, landscape or construction.

(8)

Dental products, surgical, or optical goods manufacture.

(9)

Food catering establishment.

(10)

High/medium-impact manufacturing or processing as defined in Section 50-16-242 of this Code.

(11)

Ice manufacture.

(12)

Jewelry manufacture.

(13)

Laundry, industrial.

(14)

Lithographing and sign shop.

(15)

Low/medium-impact manufacturing or processing as defined in Section 50-16-284 of this Code.

(16)

Low-impact manufacturing or processing as defined in Section 50-16-284 of this Code.

(17)

Lumber yard.

(18)

Newspaper, daily, publishing or printing.

(19)

Railroad transfer or storage tracks.

(20)

Research or testing laboratory.

(21)

Steel warehousing.

(22)

Tank storage of bulk oil or gasoline.

(23)

Toiletries or cosmetic manufacturing.

(24)

Tool sharpening or grinding.

(25)

Tool, die, and gauge manufacturing, small items.

(26)

Trade services, general.

(27)

Trucking terminal, transfer building, recreational vehicle storage lot, and open area for the parking of operable trucks.

(28)

Vending machine commissary.

(29)

Wearing apparel manufacturing.

(30)

Wholesaling, warehousing, storage buildings, or public storage facilities.

(Code 1984, § 61-11-107; Ord. No. 11-05, § 1(61-11-107), eff. 5-28-2005; Ord. No. 10-13, § 1(61-11-107), eff. 4-16-2013; Ord. No. 2023-6, § 1, eff. 3-8-2023)

Other by-right uses within the TM Transitional-Industrial District are as follows:

(1)

Aircraft landing areas for winged aircraft.

(2)

Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.

(3)

Aquaculture as provided for in Article XII, Division 3, Subdivision H, of this chapter.

(4)

Aquaponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.

(5)

Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.

(6)

Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.

(7)

Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.

(8)

Hydroponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.

(9)

Passenger transportation terminals.

(10)

Railroad rights-of-way, not including storage tracks, yards, or buildings.

(11)

Telecommunications building, private.

(Code 1984, § 61-11-108; Ord. No. 11-05, § 1(61-11-108), eff. 5-28-2005; Ord. No. 10-13, § 1(61-11-108), eff. 4-16-2013; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Uses permitted conditionally in the TM Transitional-Industrial District are delineated in Section 50-11-120 through Section 50-11-124 of this Code. All industrial uses considered under Section 50-11-123 of this Code shall be reviewed by the Industrial Review Committee and a report and recommendation forwarded to the Buildings, Safety Engineering, and Environmental Department. By-right uses on development parcels consisting of one or more acres shall be considered conditional uses. In addition, conditional uses may be granted only where a finding can be made that such use will be successfully blended into the district so as to be non-injurious to the contiguous or surrounding land uses. See Article XII of this chapter for a complete listing of all use regulations and standards, and Article XII, Division 5, of this chapter for accessory uses.

(Code 1984, § 61-11-109; Ord. No. 11-05, § 1(61-11-109), eff. 5-28-2005)

Conditional residential uses within the TM Transitional-Industrial District are as follows: None.

(Code 1984, § 61-11-110; Ord. No. 11-05, § 1(61-11-110), eff. 5-28-2005)

Conditional public, civic, and institutional uses within the TM Transitional-Industrial District are as follows: All those uses permitted by right in the TM District having one acre or more of lot area.

(Code 1984, § 61-11-111; Ord. No. 11-05, § 1(61-11-111), eff. 5-28-2005)

Conditional retail, service, and commercial uses within the TM Transitional-Industrial District are as follows:

(1)

All those uses permitted by right in the TM District on a parcel for development consisting of one or more acres.

(2)

Brewpub or microbrewery or small distillery or small winery, subject to Section 50-12-217(3) of this Code.

(3)

Cabaret.

(4)

Establishment for the sale of beer or alcoholic liquor for consumption on the premises.

(5)

Motor vehicle filling station as provided for in Section 50-12-252(2) of this Code.

(6)

Outdoor commercial recreation, not otherwise specified.

(7)

Pawnshop.

(Code 1984, § 61-11-112; Ord. No. 11-05, § 1(61-11-112), eff. 5-28-2005; Ord. No. 13-11, § 1(61-11-112), eff. 8-23-2011; Ord. No. 38-14, § 1(61-11-112), eff. 10-16-2014; Ord. No. 37-17, § 1(61-11-112), eff. 2-6-2018; Ord. No. 2023-6, § 1, eff. 3-8-2023)

Conditional manufacturing and industrial uses within the TM Transitional-Industrial District are as follows:

All those uses permitted by right in the TM District having one acre or more of lot area.

(Code 1984, § 61-11-113; Ord. No. 11-05, § 1(61-11-113), eff. 5-28-2005; Ord. No. 04-12, § 1(61-11-113), eff. 3-30-2012; Ord. No. 2023-6, § 1, eff. 3-8-2023)

Other conditional uses within the TM Transitional-Industrial District are as follows:

(1)

All those uses permitted by right in the TM District having one acre or more of lot area.

(2)

Heliports.

(3)

Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.

(4)

Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.

(Code 1984, § 61-11-114; Ord. No. 11-05, § 1(61-11-114), eff. 5-28-2005; Ord. No. 10-13, § 1(61-11-114), eff. 4-16-2013)

Development in the TM Transitional-Industrial District shall comply with the intensity and dimensional standards provided for in Section 50-13-126 of this Code and in Section 50-13-152 through Section 50-13-155 of this Code.

(Code 1984, § 61-11-115; Ord. No. 11-05, § 1(61-11-115), eff. 5-28-2005)

New construction, alteration, extension, or conversion to industrial uses permitted by right in the TM Transitional-Industrial District is allowed, provided, that:

(1)

The zoning lot to be developed or converted to the proposed use lies wholly or predominantly in an area designated for light industrial use by the land use plan of the Detroit Master Plan of Policies;

(2)

The minimum lot area, as specified in Section 50-13-126 of this Code, may be reduced by the Planning and Development Department where conditions are such that the areas of platted lots or other circumstances affecting the ownership or control of parcels of land serve to increase substantially the costs and difficulties in assembling a parcel with an area equal to or greater than the minimum;

(3)

For a continuous segment of its perimeter equal to or greater than one-eighth the length of its total perimeter, the zoning lot abuts or is directly across a street, alley, or other public right-of-way from any M1, M2, M3, M4, M5, or W1 District classification; and

(4)

In the event of the expansion of an existing industrial use within the TM District, its side lot line should abut the side lot line of the parcel onto which it will expand, provided, that, in unusual circumstances, the Buildings, Safety Engineering, and Environmental Department may modify this requirement where the Department determines that the expansion can be accomplished in such a manner that greater harm or inconvenience will not result for nearby residences than would result were the expansion carried out under normal circumstances in compliance with this provision.

(Code 1984, § 61-11-116; Ord. No. 11-05, § 1(61-11-116), eff. 5-28-2005)

The intent of the PR Parks and Recreation District is to retain, insofar as is practicable and desirable, publicly owned lands in excess of four acres in size already improved for or intended to be improved for recreational uses and/or to be preserved as open space. The restrictions of this classification are intended to encourage preservation of these lands and to permit development in keeping with the natural amenities of these areas. In addition to those uses allowed by right, commercial recreational facilities may be permitted upon approval of the City Council.

(Code 1984, § 61-11-121; Ord. No. 11-05, § 1(61-11-121), eff. 5-28-2005)

Site plan review is required for all conditional uses and for certain by-right uses within the PR Parks and Recreation District. See Article III, Division 5, of this chapter.

(Code 1984, § 61-11-122; Ord. No. 11-05, § 1(61-11-122), eff. 5-28-2005)

Uses permitted by right in the PR Parks and Recreation District are delineated in Section 50-11-144 through Section 50-11-148 of this Code. See Article XII of this chapter for a complete listing of all use regulations and standards, Article III, Division 5, of this chapter to determine when site plan review is required for by-right uses, and Article XII, Division 5, of this chapter for accessory uses, including home occupations.

(Code 1984, § 61-11-123; Ord. No. 11-05, § 1(61-11-123), eff. 5-28-2005)

By-right residential uses within the PR Parks and Recreation District are as follows: None.

(Code 1984, § 61-11-124; Ord. No. 11-05, § 1(61-11-124), eff. 5-28-2005)

By-right public, civic, and institutional uses within the PR Parks and Recreation District are as follows:

(1)

Electric transformer station.

(2)

Gas regulator station.

(3)

Museum.

(4)

Outdoor recreation facility.

(5)

Public aquarium.

(6)

Residential-area utility facilities, public.

(7)

Telephone exchange building.

(8)

Other public uses such as zoo, nature center, botanical conservatory, and interpretive center.

(Code 1984, § 61-11-125; Ord. No. 11-05, § 1(61-11-125), eff. 5-28-2005)

By-right retail, service, and commercial uses within the PR Parks and Recreation District are as follows:

(1)

Commercial recreation facilities, outdoor and indoor, subject to Section 50-11-156 of this Code and upon adoption of a resolution by the City Council.

(2)

Retail sales clearly incidental and accessory to uses permitted in the PR District, such as food service concession stands under contract to the Recreation Department or other governmental agency or non-profit agency, with duly recognized authority over the land zoned PR.

(Code 1984, § 61-11-126; Ord. No. 11-05, § 1(61-11-126), eff. 5-28-2005; Ord. No. 20-19, § 1(61-11-126), eff. 8-7-2019)

By-right manufacturing and industrial uses within the PR Parks and Recreation District are as follows: None.

(Code 1984, § 61-11-127; Ord. No. 11-05, § 1(61-11-127), eff. 5-28-2005)

Other by-right uses within the PR Parks and Recreation District are as follows:

(1)

Antennas as provided tor in Article XII, Division 3, Subdivision G, of this chapter.

(2)

Marina, public.

(Code 1984, § 61-11-128; Ord. No. 11-05, § 1(61-11-128), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Uses permitted conditionally in the PR Parks and Recreation District are delineated in Section 50-11-150 through Section 50-11-154 of this Code. See Article XII of this chapter for a complete listing of all use regulations and standards, and Article XII, Division 5, of this chapter for accessory uses.

(Code 1984, § 61-11-129; Ord. No. 11-05, § 1(61-11-129), eff. 5-28-2005)

Conditional residential uses within the PR Parks and Recreation District are as follows: None.

(Code 1984, § 61-11-130; Ord. No. 11-05, § 1(61-11-130), eff. 5-28-2005)

Conditional public, civic, and institutional uses within the PR Parks and Recreation District are as follows:

(1)

Outdoor entertainment facility.

(2)

Solar generation station.

(3)

Water works, reservoir, pumping station, or filtration plant.

(Code 1984, § 61-11-131; Ord. No. 11-05, § 1(61-11-131), eff. 5-28-2005; Ord. No. 13-11, § 1(61-11-131), eff. 8-23-2011; Ord. No. 13-16, § 1(61-11-131), eff. 5-20-2016)

Conditional retail, service, and commercial uses within the PR Parks and Recreation District are as follows: None.

(Code 1984, § 61-11-132; Ord. No. 11-05, § 1(61-11-132), eff. 5-28-2005)

Conditional manufacturing and industrial uses within the PR Parks and Recreation District are as follows: None.

(Code 1984, § 61-11-133; Ord. No. 11-05, § 1(61-11-133), eff. 5-28-2005)

Other conditional uses within the PR Parks and Recreation District are as follows:

(1)

Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.

(Code 1984, § 61-11-134; Ord. No. 11-05, § 1(61-11-134), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Development in the PR Parks and Recreation District shall comply with the intensity and dimensional standards provided for in Section 50-13-127 of this Code.

(Code 1984, § 61-11-135; Ord. No. 11-05, § 1(61-11-135), eff. 5-28-2005)

The appropriateness of commercial recreational facilities, the design, appearance and location of such facilities, and the location and design of signs and parking areas in conjunction therewith shall be reviewed by the Planning and Development Department for consistency with the spirit, purpose, and intent of this chapter. A written report shall be filed with the City Council that recommends approval or disapproval of the proposal and any changes deemed necessary to ensure conformity with the spirit, purpose, and intent of this chapter. In each case, the City Council shall approve, disapprove, or adjust said recommendations by resolution.

(Code 1984, § 61-11-136; Ord. No. 11-05, § 1(61-11-136), eff. 5-28-2005)

Because of the limited amount of water frontage, and the even more limited amount of frontage that is suitable or adaptable to shipping activities or other water-oriented uses, these areas in the W1 Waterfront-Industrial District will be subject to controls which will provide for their development with uses that must rely on or that will be benefited most by such a location.

(Code 1984, § 61-11-141; Ord. No. 11-05, § 1(61-11-141), eff. 5-28-2005)

Site plan review is required for all conditional uses and for certain by-right uses in the W1 Waterfront-Industrial District. See Article III, Division 5, of this chapter.

(Code 1984, § 61-11-142; Ord. No. 11-05, § 1(61-11-142), eff. 5-28-2005)

Uses permitted by right in the W1 Waterfront-Industrial District are delineated in Section 50-11-174 through Section 50-11-178 of this Code. See Article XII of this chapter for a complete listing of all use regulations and standards, Article III, Division 5, of this chapter to determine when site plan review is required for by-right uses, and Article XII, Division 5, of this chapter for accessory uses, including home occupations.

(Code 1984, § 61-11-143; Ord. No. 11-05, § 1(61-11-143), eff. 5-28-2005)

By-right residential uses within the W1 Waterfront-Industrial District are as follows: None.

(Code 1984, § 61-11-144; Ord. No. 11-05, § 1(61-11-144), eff. 5-28-2005)

By-right public, civic, and institutional uses within the W1 Waterfront-Industrial District are as follows:

(1)

Customs office.

(2)

Museum.

(3)

Outdoor recreation facility.

(4)

Water works, reservoir, pumping station, or filtration plant.

(Code 1984, § 61-11-145; Ord. No. 11-05, § 1(61-11-145), eff. 5-28-2005)

By-right retail, service, and commercial uses within the W1 Waterfront-Industrial District are as follows: None.

(Code 1984, § 61-11-146; Ord. No. 11-05, § 1(61-11-146), eff. 5-28-2005)

By-right manufacturing and industrial uses within the W1 Waterfront-Industrial District are as follows:

(1)

Feed or grain mill.

(2)

Fuel dock.

(Code 1984, § 61-11-147; Ord. No. 11-05, § 1(61-11-147), eff. 5-28-2005)

Other by-right uses within the W1 Waterfront-Industrial District are as follows:

(1)

Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.

(2)

Boat or ship yard, construction, repair, maintenance, dry dock.

(3)

Boat terminal, passenger.

(4)

Docks or wharves, waterway shipping freighters.

(5)

Ferry terminal.

(6)

Marinas.

(Code 1984, § 61-11-148; Ord. No. 11-05, § 1(61-11-148), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Uses permitted conditionally in the W1 Waterfront-Industrial District are delineated in Section 50-11-180 through Section 50-11-184 of this Code. See Article XII of this chapter for a complete listing of all use regulations and standards, and Article XII, Division 5, of this chapter for accessory uses.

(Code 1984, § 61-11-149; Ord. No. 11-05, § 1(61-11-149), eff. 5-28-2005)

Conditional residential uses within the W1 Waterfront-Industrial District are as follows: None.

(Code 1984, § 61-11-150; Ord. No. 11-05, § 1(61-11-150), eff. 5-28-2005)

Conditional public, civic, and institutional uses within the W1 Waterfront-Industrial District are as follows: None.

(Code 1984, § 61-11-151; Ord. No. 11-05, § 1(61-11-151), eff. 5-28-2005)

Conditional retail, service, and commercial uses within the W1 Waterfront-Industrial District are as follows: None.

(Code 1984, § 61-11-152; Ord. No. 11-05, § 1(61-11-152), eff. 5-28-2005)

Conditional manufacturing and industrial uses within the W1 Waterfront-Industrial District are as follows:

(1)

Explosives, storage only;

(2)

Garbage, offal, or dead animal reduction;

(3)

Radioactive waste handling;

(4)

Transfer stations for garbage or rubbish;

(5)

The following "very high-impact manufacturing or processing" uses:

a.

Acoustical material manufacture;

b.

Airplane manufacture;

c.

Automobile body plant;

d.

Bituminous concrete manufacture;

e.

Charcoal or fuel briquette manufacture;

f.

Foundry, ferrous or nonferrous;

g.

Insulation manufacture;

h.

Linoleum manufacture;

i.

Paint, enamel, oil, shellac, lacquer, varnish, or synthetic resin manufacture; and

j.

Stamping or pressing plant;

(6)

The following "very high-impact manufacturing or processing" uses:

a.

Acid manufacture;

b.

Alkali manufacture;

c.

Asphalt manufacture;

d.

Beryllium storage, handling, or processing;

e.

Carbide manufacture;

f.

Cement, lime, gypsum, or plaster of paris manufacture;

g.

Ceramic glaze or porcelain enamel frit manufacture;

h.

Chemical manufacture from raw substances;

i.

Coke ovens;

j.

Crushing, grading, and screening of rock, stone, slag, clay, or concrete;

k.

Distillation of coal, petroleum, bones, tar, or refuse;

l.

Dog or cat food cannery or manufacture;

m.

Drop forge plants;

n.

Fertilizer manufacture;

o.

Fish oil or meal manufacture;

p.

Fish smoking, curing, canning, or cleaning;

q.

Glue manufacture using animal products;

r.

Lampblack manufacturing;

s.

Paper manufacturing or reclaiming;

t.

Petroleum refining or processing;

u.

Radio isotope fabrication or use;

v.

Smelting or refining of metals or ores;

w.

Steel barrel, drum, or pail renovation or reclaiming;

x.

Steel mills;

y.

Tanning, curing, or storage of raw hides or skins;

z.

Tar products manufacture; and

aa.

Wool pulling.

(Code 1984, § 61-11-153; Ord. No. 11-05, § 1(61-11-153), eff. 5-28-2005; Ord. No. 2022-12, § 1, eff. 5-31-2022; Ord. No. 2023-6, § 1, eff. 3-8-2023)

Other conditional uses within the W1 Waterfront-Industrial District are as follows:

(1)

Heliports.

(Code 1984, § 61-11-154; Ord. No. 11-05, § 1(61-11-154), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Development in the W1 Waterfront-Industrial District shall comply with the general intensity and dimensional standards provided for in Section 50-13-128 of this Code.

(Code 1984, § 61-11-155; Ord. No. 11-05, § 1(61-11-155), eff. 5-28-2005)

Editor's note— Ord. No. 2020-12, § 1, effective December 9, 2020, repealed Sec. 50-11-186, Other requirements. Former Sec. 50-11-186 pertained to other requirements in the W1 Waterfront-Industrial District and derived from Sec. 61-11-156 of the 1984 Detroit City Code, being Ord. No. 11-05, § 1(61-11-156), effective May 28, 2005.

(a)

The MKT Market and Distribution District provides for and encourages food-related uses such as production, processing, and wholesaling, as well as transport, and similar activities essential to the commerce and health of the City. Limited supporting uses such as office, retail, service, and other uses normally desiring to locate in this type of district are also permissible.

(b)

In the MKT Market and Distribution District within the greater Eastern Market Area, the focus is on the expansion of existing, and the attraction of new, food-related industries outside the historic Market core. Provisions are made for greenway setbacks along certain streets to be used for vegetative screening of warehouse and production uses from residential uses, and as accessible open space. To avoid visually dominating existing buildings of historical character, building heights are limited around the historic Market core, unless the building contributes to the character of the market by containing a food production use. To avoid potentially overwhelming existing residential properties, building heights are also limited in areas likely to see large amounts of new construction.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

(a)

Projects located in the MKT Market and Distribution District are subject to site plan review, as provided for in Article III, Division 5, of this chapter, as follows:

(1)

Projects located outside of the area described in Section 50-13-157(a) of this Code are subject to site plan review if they satisfy any of the applicability criteria set forth in Section 50-3-113 of this Code.

(2)

Projects located inside of the area described in Section 50-13-157(a) of this Code are subject to site plan review if they involve any new construction, additions, or major structural alterations, or if they satisfy the applicability criteria set forth in Subsections (3) through (12) of Section 50-3-113 of this Code.

(b)

In accordance with the Planning and Development Department's authority set forth in Section 50-3-151 of this Code, the Buildings, Safety Engineering, and Environmental Department must forward to the Planning and Development Department all building permit applications for projects for which site plan review is required in the MKT Market and Distribution District to ensure compliance with the provisions of Section 50-13-129 of this Code.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Uses that are permissible by-right in the MKT Market and Distribution District are delineated in Section 50-11-204 through Section 50-11-208 of this Code. Such by-right uses are subject to use regulations and standards set forth in Article XII of this chapter.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

By-right residential uses within the MKT Market and Distribution District are as follows: Loft.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

By-right public, civic, and institutional uses within the MKT Market and Distribution District are as follows:

(1)

Educational institution.

(2)

Fire or police station, post office, courthouse, and similar public building.

(3)

Museum.

(4)

Outdoor recreation facility.

(5)

Religious institution.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

By-right retail, service, and commercial uses within the MKT Market and Distribution District are as follows:

(1)

Animal-grooming shop, subject to Section 50-12-212 of this Code.

(2)

Arcade.

(3)

Art gallery.

(4)

Automated teller machine, without drive-up or drive-through facilities, if not accessory to another use on the same zoning lot.

(5)

Bake shop, retail.

(6)

Bank, without drive-up or drive-through facilities.

(7)

Banquet facility.

(8)

Barber or beauty shop, subject to Section 50-12-235 of this Code.

(9)

Bed and breakfast inn.

(10)

Body art facility.

(11)

Brewpub or microbrewery or small distillery or small winery.

(12)

Commissary.

(13)

Dance hall, public.

(14)

Dry cleaning, laundry, or laundromat.

(15)

Establishment for the sale of beer or alcoholic liquor for consumption on the premises.

(16)

Nail salon, subject to Section 50-12-236 of this Code.

(17)

Office, business or professional, subject to Section 50-12-298 of this Code.

(18)

Printing or engraving shop.

(19)

Produce or food market, wholesale.

(20)

Radio or television station.

(21)

Recording studio or photo studio or video studio, no assembly hall.

(22)

Restaurant, carry-out without drive-up or drive-through facilities.

(23)

Restaurant fast-food without drive-up or drive-through facilities.

(24)

Restaurant, standard without drive-up or drive-through facilities.

(25)

Retail sales and personal service in business and professional offices, subject to Section 50-12-298 of this Code.

(26)

School or studio of dance, gymnastics, music, art, or cooking.

(27)

Shoe repair shop.

(28)

Smoking lounge, cigar.

(29)

Storage or killing of poultry or small game for direct, retail sale on the premises or for wholesale trade, subject to Section 50-12-315 of this Code.

(30)

Store of a generally recognized retail nature whose primary business is the sale of new merchandise without drive-up or drive-through facilities, subject to Section 50-12-324 of this Code.

(31)

Used goods dealer.

(Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-36, § 1, eff. 3-5-2024)

By-right manufacturing and industrial uses within the MKT Market and Distribution District are as follows:

(1)

Cold storage plant.

(2)

Confection manufacture.

(3)

Food catering establishment.

(4)

High/Medium-impact manufacturing or processing, as defined in Section 50-16-242 of this Code, subject to Section 50-12-362 of this Code.

(5)

Ice manufacture.

(6)

Low-impact manufacturing or processing, as defined in Section 50-16-284 of this Code.

(7)

Low/Medium impact manufacturing or processing, as defined in Section 50-16-284 of this Code, subject to Section 50-12-361 of this Code.

(8)

Railroad transfer or storage tracks.

(9)

Vending machine commissary.

(10)

Wholesaling, warehousing, storage buildings, or public storage facilities, subject to Section 50-12-358 of this Code.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Other by-right uses within the MKT Market and Distribution District are as follows:

(1)

Antennas, subject to Article XII, Division 3, Subdivision G, of this chapter.

(2)

Aquaculture, subject to Article XII, Division 3, Subdivision H, of this chapter.

(3)

Aquaponics, subject to Article XII, Division 3, Subdivision H, of this chapter.

(4)

Farmers' market, as defined in Section 50-16-201 of this Code.

(5)

Greenhouses, subject to Article XII, Division 3, Subdivision H, of this chapter.

(6)

Hoophouses, subject to Article XII, Division 3, Subdivision H, of this chapter.

(7)

Hydroponics, subject to Article XII, Division 3, Subdivision H, of this chapter.

(8)

Railroad rights-of-way, not including storage tracks, yards, or buildings.

(9)

Urban gardens, subject to Article XII, Division 3, Subdivision H, of this chapter.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Uses that are permissible conditionally in the MKT Market and Distribution District are delineated in Section 50-11-210 through Section 50-11-214 of this Code. Such conditional uses are subject to use regulations and standards set forth in Article XII of this chapter.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Conditional residential uses within the MKT Market and Distribution District are as follows: Residential uses combined in structures with permitted commercial or industrial uses, subject to Section 50-12-159 of this Code.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Conditional public, civic, and institutional uses within the MKT Market and Distribution District are as follows:

(1)

Child care center.

(2)

Electric transformer station.

(3)

Gas regulator station.

(4)

Library.

(5)

Neighborhood center, non-profit.

(6)

Outdoor entertainment facility.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Conditional retail, service, and commercial uses within the MKT Market and Distribution District are as follows:

(1)

Barber or beauty shop, subject to Section 50-12-235 of this Code.

(2)

Business college or commercial trade school, subject to Section 50-12-318 of this Code.

(3)

Cabaret.

(4)

Customer service center, without drive-up or drive-through facilities.

(5)

Hotel.

(6)

Medical or dental clinic, physical therapy clinic, or massage facility.

(7)

Office, business or professional, subject to Section 50-12-298 of this Code.

(8)

Parking structures, subject to Section 50-12-301 of this Code.

(9)

Private club, lodge, or similar use.

(10)

Recreation, indoor commercial and health club.

(11)

Specially designated distributor's (SDD) or specially designated merchant's (SDM) establishment.

(12)

Storage or killing of poultry or small game for direct, retail sale on the premises or for wholesale trade, subject to Section 50-12-315 of this Code.

(13)

Veterinary clinic for small animals.

(14)

Youth hostel/hostel.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Conditional manufacturing and industrial uses within the MKT Market and Distribution District are as follows:

(1)

Abattoir, slaughterhouse, subject to Section 50-12-331 of this Code.

(2)

High-impact manufacturing or processing, as defined in Section 50-16-242 of this Code, subject to Section 50-12-365 of this Code.

(3)

Lithographing and sign shops.

(4)

Trucking terminal, transfer building, recreational vehicle storage lot, and open area for the parking of semi-trailers, buses, and other operable commercial vehicles, not including limousines and taxicabs, subject to Section 50-12-355 of this Code.

(5)

Wholesaling, warehousing, storage buildings, or public storage facilities, subject to Section 50-12-358 of this Code.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Other conditional uses within the MKT Market and Distribution District are as follows:

(1)

Telecommunications building, private.

(2)

Urban farms, subject to Article XII, Division 3, Subdivision H, of this chapter.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Development in the MKT Market and Distribution District is subject to Section 50-13-129 of this Code. Parking shall be prohibited between the street and front façade of the building.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

The SD1 Special Development District is designed to encourage a complementary mixture of small-scale pedestrian and transit-oriented uses that are compatible in a neighborhood setting. It is intended to ensure a neighborhood character and place a proper balance of activities within walking distance of one another while serving the day-to-day needs of residents. Parking requirements are reduced in certain circumstances to promote use of transit and non-motorized transportation; shared parking and a district approach to parking are encouraged to lessen demand for off-street parking spaces. Certain establishments that serve alcoholic liquor for consumption on the premises are permitted without a spacing requirement in order to attract increased pedestrian traffic to the area.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

All new construction and conditional uses in the SD1 Special Development District are subject to site plan review as provided for in Article III, Division 5, of this chapter.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Uses that are permissible by-right in the SD1 Special Development District are delineated in Section 50-11-234 through Section 50-11-238 of this Code. Such by-right uses are subject to use regulations and standards set forth in Article XII of this chapter.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

By-right residential uses in the SD1 Special Development District are as follows:

(1)

Assisted living facility.

(2)

Boarding school and dormitory.

(3)

Loft.

(4)

Multiple-family dwelling.

(5)

Religious residential facilities in conjunction with religious institutions in the immediate vicinity.

(6)

Residential use combined in structures with permitted first-floor commercial uses.

(7)

Shelter for survivors of domestic violence.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

By-right public, civic, and institutional uses in the SD1 Special Development District are as follows:

(1)

Adult day care center.

(2)

Child care center.

(3)

Educational institution.

(4)

Family day care home.

(5)

Fire or police station, post office and similar public building.

(6)

Library.

(7)

Museum.

(8)

Neighborhood center, non-profit.

(9)

Outdoor recreation facility.

(10)

Religious institution.

(11)

School, elementary, middle/junior high, or high.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

By-right retail, service, and commercial uses in the SD1 Special Development District are as follows:

(1)

Animal-grooming shop.

(2)

Art gallery.

(3)

Assembly hall.

(4)

Automated teller machine without drive-up, or drive-through facilities.

(5)

Bake shop, retail

(6)

Banks without drive-up or drive-through facilities.

(7)

Banquet facility.

(8)

Barber or beauty shop.

(9)

Brewpub or microbrewery or small distillery or small winery, not exceeding 3,000 square feet and not located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare.

(10)

Dry cleaning, laundry, or laundromat.

(11)

Establishment for the sale of beer or alcoholic liquor for consumption on the premises, not exceeding 3,000 square feet and not located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare.

(12)

Medical or dental clinic, physical therapy clinic, or massage facility.

(13)

Nail salon.

(14)

Office, business or professional.

(15)

Parking lot or parking area, accessory for operable private passenger vehicles, not farther than the maximum distance specified in Article XIV, Division 1, of this chapter.

(16)

Pet shop.

(17)

Printing or engraving shop not exceeding 4,000 square feet of gross floor area with a minimum of 10 percent of the gross floor area being used as a retail store for the sale of the goods produced.

(18)

Recording studio or photo studio or video studio, no assembly hall.

(19)

Recreation, indoor commercial and health club.

(20)

Rental hall, not exceeding 3,000 square feet.

(21)

Restaurant, carry-out or fast-food, without drive-up or drive-through facilities.

(22)

Restaurant, standard, without drive-up or drive-through facilities not located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare.

(23)

School or studio of dance, gymnastics, music, art or cooking.

(24)

Shoe repair shop.

(25)

Smoking lounge, cigar.

(26)

Store of a generally recognized retail nature whose primary business is the sale of new merchandise, without drive-up or drive-through facilities.

(27)

Veterinary clinic for small animals.

(Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-36, § 1, eff. 3-5-2024)

By-right manufacturing and industrial uses in the SD1 Special Development District not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced are as follows:

(1)

Confection manufacturing.

(2)

Food catering.

(3)

Jewelry manufacture.

(4)

Lithographing and sign shops.

(5)

Low/medium impact manufacturing or processing facilities as defined in Section 50-16-284 of this Code and limited to the following:

a.

Art needlework.

b.

Canvas goods manufacture.

c.

Cigar or cigarette manufacture.

d.

Clock or watch manufacture.

e.

Coffee roasting.

f.

Door, sash, or trim manufacture.

g.

Draperies manufacture.

h.

Flag or banner manufacture.

i.

Glass blowing.

j.

Knit goods manufacturing.

k.

Leather goods manufacture or fabrication.

(6)

General: Low-impact manufacturing or processing facilities as defined in Section 50-16-284 of this Code.

(7)

Trade services, general, with the exception of cabinet making.

(8)

Wearing apparel manufacturing.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Other by-right uses in the SD1 Special Development District are as follows:

(1)

Antennas, subject to Article XII, Division 3, Subdivision G, of this chapter.

(2)

Farmers markets, as defined in Section 50-16-201 of this Code.

(3)

Urban gardens not exceeding 0.5 acre in size, subject to Article XII, Division 3, Subdivision H, of this chapter.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Uses that are permissible conditionally in the SD1 Special Development District are delineated in Section 50-11-240 through Section 50-11-244 of this Code. Such conditional uses are subject to use regulations and standards set forth in Article XII of this chapter.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Conditional residential uses in the SD1 Special Development District are as follows:

(1)

Child caring institution.

(2)

Convalescent, nursing, or rest home.

(3)

Fraternity or sorority house.

(4)

Residential substance abuse service facility.

(5)

Rooming house.

(6)

Single-family detached dwelling.

(7)

Single-room-occupancy (SRO) housing, non-profit.

(8)

Townhouse.

(9)

Two-family dwelling.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Conditional public, civic, and institutional uses in the SD1 Special Development District are as follows:

(1)

Electric transformer station.

(2)

Gas regulator station.

(3)

Telephone exchange building.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Conditional retail, service, and commercial uses in the SD1 Special Development District are as follows:

(1)

Bed and breakfast inn.

(2)

Brewpub or microbrewery or small distiller or small winery that exceeds 3,000 square feet or that is located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is on a street other than a major thoroughfare.

(3)

Establishment for the sale of beer or alcoholic liquor for consumption on the premises that exceeds 3,000 square feet or that is located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare.

(4)

Hotel.

(5)

Kennel, commercial.

(6)

Parking lot or parking area, commercial and accessory parking farther than the maximum distance specified in Article XIV, Division 1, of this chapter.

(7)

Parking structure having at least 60 percent of the ground floor level façade abutting a public street dedicated to commercial space or other space oriented to pedestrian traffic.

(8)

Pool hall.

(9)

Precious metal and gem dealer.

(10)

Private club, lodge, or similar use.

(11)

Radio or television station.

(12)

Radio, television, or household appliance repair shop.

(13)

Rental hall that exceeds 3,000 square feet.

(14)

Restaurant, standard, located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare.

(15)

Smoking lounge, other.

(16)

Specially designated distributor's (SDD) or specially designated merchant's (SDM) establishment.

(17)

Theatre, excluding concert café and drive-in theater, not exceeding 150 fixed seats.

(18)

Tobacco retail store.

(19)

Used goods dealer.

(20)

Youth hostel/hostel.

(Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-36, § 1, eff. 3-5-2024)

When considering the conditional uses specified in this section, the factors listed in Section 50-2-104(b)(2), (3), and (14) of this Code shall be considered. Conditional manufacturing and industrial uses in the SD1 Special Development District not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods are as follows:

(1)

High/medium-impact manufacturing or processing limited to furniture manufacturing.

(2)

Machine shop.

(3)

Trade services, general, limited to cabinet making.

(4)

Welding shop.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Other conditional uses in the SD1 Special Development District are as follows:

(1)

Antennas, subject to Article XII, Division 3, Subdivision G, of this chapter.

(2)

Marinas.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Development in the SD1 Special Development District shall comply with the general intensity and dimensional standards provided in Section 50-13-130 of this Code and as follows:

(1)

Front Setback:

a.

A minimum front setback is not required.

b.

The maximum front setback allowed shall be the average of the front setback of the buildings located on the adjacent lots on each side of the subject building or 20 feet, whichever is less.

c.

Off-street parking shall be prohibited in the front setback.

(2)

Rear Setback:

a.

If a street or alley is to the rear of a single-story building, a minimum rear setback is not required. If no street or alley is present, single-story buildings shall have a minimum rear setback of ten feet.

b.

Where land zoned R1, R2, R3, R4, R5, R6, residential PD, or SD1 is located across a street or alley from the rear of a multi-story building, the multi-story buildings shall have a rear setback of ten feet; where a street or alley is not present to separate the rear of a multi-story building from land zoned R1, R2, R3, R4, R5, R6, residential PD, or SD1, the multi-story building shall have a rear setback of 20 feet.

c.

Buildings containing dwelling units, other than single- or two-family dwellings, shall have a rear setback of ten feet if a street or alley is present at the rear and 20 feet if a street or alley is not present.

(3)

Side Setback: No minimum side setback is required except where a building is adjacent to land zoned R1, R2, R3, or R4. Where adjacent to land zoned R1, R2, R3, or R4, the side setback shall be calculated using Formula A.

(4)

Off-street parking location: Parking shall be prohibited between the street and front façade of the building.

(5)

Maximum height: 35 feet for non-mixed-use, 50 feet for mixed-use. Where a lot fronts on a right-of-way which is more than 50 feet wide and where the outermost point of the proposed mixed-use building is at least 40 feet from all R1, R2, and R3 Districts, the maximum height may be increased one foot for each one foot of right-of-way width greater than 50 feet. The building shall not exceed 60 feet in height.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Regulations governing minimum yards for accessory uses in the R5 District shall apply to similar accessory uses in the SD1 Special Development District.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

The SD2 Special Development District, Mixed-Use, is designed to encourage a complementary mixture of more intensive pedestrian and transit-oriented uses that may be compatible with a neighborhood center or with a location along major or secondary thoroughfares. Parking requirements are reduced in certain circumstances to promote use of transit and non-motorized transportation; shared parking and a district approach to parking are encouraged to lessen demand for off-street parking spaces. Certain establishments that serve alcoholic liquor for consumption on the premises are permitted without a spacing requirement in order to attract increased pedestrian traffic to the area.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

All new construction and conditional uses in the SD2 Special Development District, Mixed-Use, are subject to site plan review as provided for in Article III, Division 5, of this chapter.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Uses that are permissible by-right in the SD2 Special Development District, Mixed-Use, are delineated in Section 50-11-264 through Section 50-11-268 of this Code. Such by-right uses are subject to use regulations and standards set forth in Article XII of this chapter.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

By-right residential uses within the SD2 Special Development District, Mixed-Use, are as follows:

(1)

Assisted living facility.

(2)

Boarding school and dormitory.

(3)

Lofts.

(4)

Multiple-family dwellings where combined in structures with permitted first-floor commercial use.

(5)

Religious residential facilities in conjunction with religious institutions in the immediate vicinity.

(6)

Residential uses combined in structures with permitted (first floor) commercial uses.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

By-right public, civic, and institutional uses within the SD2 Special Development District, Mixed-Use, are as follows:

(1)

Adult day care center.

(2)

Child care center.

(3)

Educational institution.

(4)

Fire or police station, post office and similar public building.

(5)

Governmental service agency.

(6)

Library.

(7)

Museum.

(8)

Neighborhood center, non-profit.

(9)

Outdoor recreation facility.

(10)

Religious institution.

(11)

School, elementary, middle/junior high, or high.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

By-right retail, service, and commercial uses in the SD2 Special Development District, Mixed-Use, are as follows:

(1)

Animal-grooming shop.

(2)

Art gallery.

(3)

Assembly hall.

(4)

Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone, without drive-up or drive-through facilities.

(5)

Bake shop, retail

(6)

Bank without drive-up or drive-through facilities.

(7)

Banquet facility.

(8)

Barber or beauty shop.

(9)

Brewpub or microbrewery or small distillery or small winery.

(10)

Dry cleaning, laundry, or laundromat.

(11)

Establishment for the sale of beer or alcoholic liquor for consumption on the premises.

(12)

Medical or dental clinic, physical therapy clinic, or massage facility.

(13)

Mortuary or funeral home.

(14)

Nail salon.

(15)

Office, business or professional.

(16)

Parking lot or parking area, accessory, for operable private passenger vehicles, not farther than the maximum distance specified in Article XIV, Division 1, of this chapter.

(17)

Pet shop.

(18)

Printing or engraving shop not exceeding 5,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced.

(19)

Radio or television station.

(20)

Recording studio or photo studio or video studio, no assembly hall.

(21)

Recreation, indoor commercial and health club, excluding golf dome.

(22)

Rental hall.

(23)

Restaurant, carry-out or fast-food, located in a multi-story building and integrated into a mixed-use or multi-tenant development, and without drive-up or drive-through facilities.

(24)

Restaurant, standard, without drive-up or drive-through facilities.

(25)

Retail sales and personal service in business and professional offices.

(26)

Retail sales and personal service in multiple-residential structures, subject to Section 50-12-312 of this Code.

(27)

School or studio of dance, gymnastics, music, art, or cooking.

(28)

Shoe repair shop.

(29)

Smoking lounge, cigar.

(30)

Store of a generally recognized retail nature whose primary business is the sale of new merchandise, without drive-up or drive-through facilities.

(31)

Theater, excluding concert café and drive-in theaters, not exceeding 150 fixed seats.

(32)

Veterinary clinic for small animals.

(Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-41, § 1, eff. 12-30-2023; Ord. No. 2023-36, § 1, eff. 3-5-2024)

By-right manufacturing and industrial uses not exceeding 5,000 square feet with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced within the SD2 Special Development District, Mixed-Use, are as follows:

(1)

Confection manufacturing.

(2)

Food catering.

(3)

Jewelry manufacture.

(4)

Lithographing and sign shops.

(5)

Low/medium impact manufacturing or processing facilities, as defined in Section 50-16-284 of this Code and limited to the following:

a.

Art needlework.

b.

Canvas goods manufacture.

c.

Cigar or cigarette manufacture.

d.

Clock or watch manufacture.

e.

Coffee roasting.

f.

Door, sash, or trim manufacture.

g.

Draperies manufacture.

h.

Flag or banner manufacture.

i.

Glass blowing.

j.

Knit goods manufacturing.

k.

Leather goods manufacture or fabrication.

(6)

Low-impact manufacturing or processing facilities, as defined in Section 50-16-284 of this Code.

(7)

Trade services, general, with the exception of cabinet making.

(8)

Wearing apparel manufacturing.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Other by-right uses within the SD2 Special Development District, Mixed-Use, are as follows:

(1)

Antennas, subject to Article XII, Division 3, Subdivision G, of this chapter.

(2)

Farmers markets, as defined in Section 50-16-201 of this Code.

(3)

Marinas.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Uses that are permissible conditionally in the SD2 Special Development District, Mixed-Use, are delineated in Section 50-11-270 through Section 50-11-274 of this Code. Such conditional uses are subject to use regulations and standards set forth in Article XII of this chapter.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Conditional residential uses within the SD2 Special Development District, Mixed-Use, are as follows:

(1)

Adult foster care facility.

(2)

Convalescent, nursing, or rest home.

(3)

Emergency shelter.

(4)

Fraternity or sorority house.

(5)

Multiple-family dwelling.

(6)

Residential substance abuse service facility.

(7)

Rooming house.

(8)

Single-room-occupancy housing, non-profit.

(9)

Townhouse.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Conditional public, civic, and institutional uses within the SD2 Special Development District, Mixed-Use, are as follows:

(1)

Electric transformer station.

(2)

Gas regulator station.

(3)

Hospital or hospice.

(4)

Substance abuse service facility.

(5)

Telephone exchange building.

(6)

Water works, reservoir, pumping station, or filtration plant.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Conditional retail, service, and commercial uses within the SD2 Special Development District, Mixed-Use, are as follows:

(1)

Arcade.

(2)

Body art facility.

(3)

Business college or commercial trade school.

(4)

Cabaret.

(5)

Customer service center without drive-up or drive-through facilities.

(6)

Dance hall, public.

(7)

Hotel.

(8)

Kennel, commercial.

(9)

Light duty vehicle service establishment.

(10)

Motel.

(11)

Motor vehicle filling station.

(12)

Parking lot or parking area, commercial.

(13)

Parking lot or parking area, accessory for operable private passenger vehicles, farther than the maximum distance specified in Article XIV, Division 1, of this chapter.

(14)

Parking structure having at least 60 percent of the ground floor devoted to commercial space or other space oriented to pedestrian traffic.

(15)

Pool hall.

(16)

Precious metal and gem dealer.

(17)

Printing or engraving shop exceeding 5,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced.

(18)

Private club, lodge, or similar use.

(19)

Radio, television, or household appliance repair shop.

(20)

School building adaptive reuses—retail, service, and commercial.

(21)

Smoking lounge, other.

(22)

Specially designated distributor's (SDD) or specially designated merchant's (SDM) establishment.

(23)

Theater, excluding concert café and drive-in theaters, exceeding 150 fixed seats.

(24)

Tobacco retail store.

(25)

Used goods dealer.

(26)

Youth hostel/hostel.

(Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-6, § 1, eff. 3-8-2023; Ord. No. 2023-36, § 1, eff. 3-5-2024)

(a)

When considering the conditional uses specified in this section, the factors listed in Section 50-2-104(b)(2), (3), and (14) of this Code shall be considered.

(b)

Conditional manufacturing and industrial uses within the SD2 Special Development District, Mixed-Use, not exceeding 5,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced are as follows:

(1)

High/medium-impact manufacturing or processing limited to furniture manufacturing.

(2)

Machine shop.

(3)

Trade services, general, limited to cabinet making.

(4)

Welding shop.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

Other conditional uses within the SD2 Special Development District, Mixed-Use, are as follows:

(1)

Designated consumption establishment.

(2)

Marijuana microbusiness.

(3)

Marijuana retail/provisioning facility.

(4)

Marijuana safety compliance facility.

(5)

Passenger transportation terminal.

(6)

Urban gardens not exceeding 0.5 acres in size subject to Article XII, Division 3, Subdivision H, of this chapter.

(Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-29, § 1, eff. 8-10-2023)

Development in the SD2 Special Development District, Mixed-Use, is subject to Section 50-13-131 of this Code and as follows:

(1)

Front Setback.

a.

A minimum front setback is not required.

b.

The maximum front setback allowed shall be the average of the front setback of the buildings located on each side of the subject building or 20 feet, whichever is less. Parking in front of a neighboring building does not count as a front setback.

c.

Off-street parking shall be prohibited in the front setback.

(2)

Rear Setback.

a.

If a street or alley is to the rear of a single-story building, a minimum rear setback is not required. If no street or alley is present, single-story buildings shall have a minimum rear setback of ten feet.

b.

Where a single- or two-family dwelling is located across a street or alley from the rear of a multi-story building, the multi-story building shall have a rear setback of ten feet; where a street or alley is not present to separate the rear of a multi-story building from a single- or two-family dwelling, the multi-story building shall have a rear setback of 20 feet.

c.

Buildings containing dwelling units, other than single- or two-family dwellings, shall have a rear setback of ten feet if a street or alley is present at the rear and 20 feet if a street or alley is not present.

(3)

Side Setback. No minimum side setback is required except where a building is adjacent to land zoned R1, R2, R3, or R4. Where adjacent to land zoned R1, R2, R3, or R4, the side setback shall be calculated using Formula A.

(4)

Off-street parking location. Parking shall be prohibited between the street and front façade of the building.

(5)

Maximum height. 45 feet for nonmixed-use, 60 feet for mixed-use. Where a lot fronts on a right-of-way which is more than 60 feet wide and where the outermost point of the proposed mixed-use building is at least 40 feet from all R1, R2, and R3 Districts, the maximum height may be increased one foot for each one foot of right-of-way width greater than 60 feet. The mixed-use building must not exceed 80 feet in height.

(Ord. No. 2022-17, § 1, eff. 10-4-2022)

(a)

The SD4 Special Development District, Riverfront Mixed Use, is intended for areas indicated in the Master Plan as appropriate for high intensity residential and commercial mixed-use development due to regional significance and unique locational attributes and amenities, such as the riverfront. While recognizing that, although it may be desirable to retain in such areas a mix of existing uses, such as offices, lofts, and certain industrial establishments, due to the local ambience it provides, increased industrialization of such areas by very intense and abrasive land uses is considered inappropriate.

(b)

SD4 regulations are intended to promote the public health, safety and general welfare, to encourage the use of the land in accordance with its character and adaptability, to avoid the overcrowding of population, to control congestion of the public roads and streets, to reduce hazards to life and property, to facilitate land use and development, and to encourage innovative, high intensity developments while simultaneously protecting those attributes and amenities which make such areas unique. These objectives shall be accomplished by a system of flexible regulations, performance requirements, and review procedures.

(Code 1984, § 61-11-211; Ord. No. 11-05, § 1(61-11-211), eff. 5-28-2005)

To ensure maximum Citywide economic and social benefits, and to allow the smoothest transition possible to the preferred uses, all but the most abrasive special industrial uses which are those first permitted as conditional uses in the M4 District, shall be permitted to continue as, and are hereby declared to be, conforming uses. Except for those industrial uses first permitted as conditional uses in the M4 District, industrial land uses that were legally established on the date of the property's classification as an SD4 District may continue as conforming, but may only expand on the same parcel or on adjacent vacant parcels in accordance with performance standards specified in Section 50-11-284 of this Code.

(Code 1984, § 61-11-212; Ord. No. 11-05, § 1(61-11-212), eff. 5-28-2005)

(a)

If the previous zoning of the property is SD5, then except as provided for in Subsection (b) of this section, land uses that were legally established on the date preceding the date of the property's classification to an SD5 District may continue as conforming.

(b)

Industrial land uses that were legally established on the date preceding the date of the property's classification to an SD5 District may continue as conforming, but may only expand on the same parcel, or on adjacent vacant parcels, in accordance with performance standards specified in Section 50-11-284 of this Code.

(Code 1984, § 61-11-213; Ord. No. 11-05, § 1(61-11-213), eff. 5-28-2005)

(a)

A change of use or occupancy, including a change to another industrial use, on land which was legally used for industrial purposes on the date of the property's classification as an SD4 District, shall be permitted without a public hearing, but in accordance with Section 50-11-285(b) and (c) of this Code, provided, that the new industrial use is:

(1)

Not more intensive than the legally established use in effect on the date preceding the date of the property's classification to an SD4 District as indicated in the permit records of the Buildings, Safety Engineering, and Environmental Department; and

(2)

Not more intensive than those land uses first permitted by right or as a conditional use in the zoning classification of the subject property on the date preceding the date of the property's classification to an SD4 District.

(b)

No change of use or occupancy shall be permitted from an industrial land use to any regulated use as specified in Article III, Division 8, of this chapter, or controlled use as specified in Article III, Division 9, of this chapter, or any residential or commercial land use, unless said use is specified as a permitted use in Section 50-11-288 through Section 50-11-300 of this Code.

(c)

In no instance shall the following land uses be permitted as a change of use or occupancy in the SD4 District: outdoor storage yard as defined in 50-16-324 of this Code or towing service storage yards as defined in Section 50-16-402 of this Code.

(Code 1984, § 61-11-214; Ord. No. 11-05, § 1(61-11-214), eff. 5-28-2005; Ord. No. 04-12, § 1(61-11-214), eff. 3-30-2012)

(a)

Change of use or occupancy, including a change to another industrial use on land which contained a legally established industrial use on the date preceding the date of the property's classification to an SD5 District, shall be permitted in accordance with Section 50-11-286(b) and (c) of this Code, provided, that the new industrial use is:

(1)

Not more intensive than the legally established use in effect on the date preceding the date of the property's classification to an SD5 District as indicated in the permit records of the Buildings, Safety Engineering, and Environmental Department; and

(2)

Not more intensive than those land uses first permitted by right or with approval in the zoning classification of the subject property on the date preceding the date of the property's classification to an SD5 District.

(b)

No change of use or occupancy shall be permitted from an industrial land use to any regulated use as specified in Article III, Division 8, of this chapter, or controlled use as specified in Article III, Division 9, of this chapter, or any residential or commercial land use, unless said use is specified as a permitted use in Section 50-11-288 through Section 50-11-294 of this Code.

(c)

In no instance shall the following land uses be permitted as a change of use or occupancy in the SD4 District: open storage of equipment or supplies by a building or construction contractor as defined in Section 50-16-132 of this Code or towing service storage yards as defined in Section 50-16-402 of this Code.

(Code 1984, § 61-11-215; Ord. No. 11-05, § 1(61-11-215), eff. 5-28-2005; Ord. No. 04-12, § 1(61-11-215), eff. 3-30-2012)

(a)

As used in Section 50-11-284 and Section 50-11-285 of this Code, and subject to the right to develop adjacent parcels as provided for in Section 50-11-317 of this Code, the intensity of a land use shall be based on the zoning district where the specified land use initially appears in the zoning ordinance as a use permitted by right.

(b)

For example, a land use first listed as a by-right use in Article X of this chapter, which is industrial zoning districts, shall be deemed more intensive than a land use first listed as a by-right use in Article IX of this chapter, which is business districts, and a land use first listed as a by-right use in Article IX of this chapter shall be more intensive than a land use first listed as a by right use in Article VIII of this chapter, which is residential districts.

(c)

Similarly, within a given article, zoning districts bearing a higher number shall be deemed more intensive than districts bearing a lower number; for example, a use first permitted by right in the M4 District shall be deemed more intensive than a use first permitted by right in the M2 District. For a land use not permitted in any zoning district by right, but exclusively permitted as a conditional use, the intensity of the land use in comparison to another shall be determined according to the zoning districts where the two land uses are first permitted as conditional uses.

(Code 1984, § 61-11-216; Ord. No. 11-05, § 1(61-11-216), eff. 5-28-2005)

For the purposes of this chapter, an industrial use is any use specified in Article XII, Division 1, Subdivision E, of this chapter.

(Code 1984, § 61-11-217; Ord. No. 11-05, § 1(61-11-217), eff. 5-28-2005)

Site plan review is required for all uses in the SD4 Special Development District. See Article III, Division 5, of this chapter.

(Code 1984, § 61-11-218; Ord. No. 11-05, § 1(61-11-218), eff. 5-28-2005)

Uses permitted by right in the SD4 Special Development District are delineated in Section 50-11-290 through Section 50-11-294 of this Code. See Article XII of this chapter for a complete listing of all use regulations and standards, Article XII, Division 5, of this chapter for accessory uses, including home occupations.

(Code 1984, § 61-11-219; Ord. No. 11-05, § 1(61-11-219), eff. 5-28-2005)

By-right residential uses in the SD4 Special Development District are as follows:

(1)

Loft.

(2)

Multiple-family dwelling.

(3)

Residential use combined in structures with permitted commercial uses.

(4)

Townhouse.

(Code 1984, § 61-11-220; Ord. No. 11-05, § 1(61-11-220), eff. 5-28-2005)

By-right public, civic, and institutional uses in the SD4 Special Development District are as follows:

(1)

Adult day care center.

(2)

Child care centers.

(3)

Electric transformer station.

(4)

Family day care home.

(5)

Fire or police station, post office and similar public building.

(6)

Gas regulator station.

(7)

Library.

(8)

Neighborhood center, non-profit.

(9)

Outdoor recreation facility.

(10)

Telephone exchange building.

(Code 1984, § 61-11-221; Ord. No. 11-05, § 1(61-11-221), eff. 5-28-2005)

By-right retail, service, and commercial uses in the SD4 Special Development District are as follows:

(1)

Automated teller machine without drive-up or drive-through facilities.

(2)

Bake shop, retail

(3)

Bank without drive-up or drive-through facilities.

(4)

Barber or beauty shop.

(5)

Business college or commercial trade school.

(6)

Cabaret inside the Central Business District.

(7)

Dry cleaning, laundry, or laundromat.

(8)

Establishment for the sale of beer or alcoholic liquor for consumption on the premises, inside the Central Business District.

(9)

Hotel, inside the Central Business District.

(10)

Medical or dental clinic, physical therapy clinic, or massage facility.

(11)

Nail salon.

(12)

Office, business or professional.

(13)

Private club, lodge, or similar use.

(14)

Radio or television station.

(15)

Recording studio or photo studio or video studio, no assembly hall.

(16)

Recreation, indoor commercial and health club.

(17)

Restaurant, carry-out or fast-food, when integrated into a mixed-use or multi-tenant development, and without drive-up or drive-through facilities.

(18)

Restaurant, standard, without drive-up or drive-through facilities.

(19)

Retail sales and personal service in business and professional offices.

(20)

Retail sales and personal service in multiple-residential structures, subject to Section 50-12-312 of this Code.

(21)

School or studio of dance, gymnastics, music, art, or cooking.

(22)

Shoe repair shop.

(23)

Smoking lounge, cigar.

(24)

Store of a generally recognized retail nature whose primary business is the sale of new merchandise, without drive-up or drive-through facilities except as provided in Section 50-11-318 of this Code.

(25)

Theater and concert café, excluding drive-in theaters.

(Code 1984, § 61-11-222; Ord. No. 11-05, § 1(61-11-222), eff. 5-28-2005; Ord. No. 34-05, § 1(61-11-222), eff. 12-6-2005; Ord. No. 37-17, § 1(61-11-222), eff. 2-6-2018; Ord. No. 18-18, § 1(61-11-222), eff. 8-30-2018; Ord. No. 2023-36, § 1, eff. 3-5-2024)

By-right manufacturing and industrial uses in the SD4 Special Development District are as follows: None.

(Code 1984, § 61-11-223; Ord. No. 11-05, § 1(61-11-223), eff. 5-28-2005)

Other by-right uses in the SD4 Special Development District are as follows:

(1)

Antennas as regulated in Article XII, Division 3, Subdivision G, of this chapter, provided, that no antenna shall exceed 35 feet in height, except those antennas which are incidental and accessory to principal uses allowed in the SD4 District.

(2)

Marinas.

(Code 1984, § 61-11-224; Ord. No. 11-05, § 1(61-11-224), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Uses permitted on a conditional basis in the SD4 Special Development District are delineated in Section 50-11-296 through Section 50-11-301 of this Code. See Article XII of this chapter for a complete listing of all use regulations and standards, and Article XII, Division 5, of this chapter for accessory uses.

(Code 1984, § 61-11-225; Ord. No. 11-05, § 1(61-11-225), eff. 5-28-2005)

By-right residential uses in the SD4 Special Development District are as follows: None.

(Code 1984, § 61-11-226; Ord. No. 11-05, § 1(61-11-226), eff. 5-28-2005)

Conditional public, civic, and institutional uses in the SD4 Special Development District are as follows:

(1)

Customs office.

(2)

Educational institution.

(3)

Governmental service agency.

(4)

Group day care home.

(5)

Hospital or hospice.

(6)

Museum.

(7)

Post office.

(8)

Public aquarium.

(9)

Religious institution.

(10)

School, elementary, middle/junior high, or high.

(11)

Water works, reservoir, pumping station, or filtration plant.

(Code 1984, § 61-11-227; Ord. No. 11-05, § 1(61-11-227), eff. 5-28-2005)

Conditional retail, service, and commercial uses in the SD4 Special Development District are as follows:

(1)

Automated teller machine, with drive-up or drive-through facilities.

(2)

Bank with drive-up or drive-through facilities.

(3)

Brewpub or microbrewery or small distillery or small winery.

(4)

Cabaret, outside the Central Business District.

(5)

Establishment for the sale of beer or alcoholic liquor for consumption on the premises, outside the Central Business District.

(6)

Hotels, outside the Central Business District.

(7)

Motor vehicles, new or used, salesroom or sales lot.

(8)

Motor vehicles, new, storage lot accessory to a salesroom or sales lot for new motor vehicles.

(9)

Motor vehicles, used, storage lot accessory to a salesroom or sales lot for used motor vehicles, subject to Section 50-11-364 of this Code.

(10)

Outdoor commercial recreation not otherwise specified.

(11)

Parking lot or parking area for operable private passenger vehicles.

(12)

Parking structure.

(13)

Printing or engraving shop.

(14)

Smoking lounge, other.

(15)

Specially designated distributor's (SDD) or specially designated merchant's (SDM) establishment, subject to Section 50-12-314 of this Code.

(16)

Tobacco retail store.

(Code 1984, § 61-11-228; Ord. No. 11-05, § 1(61-11-228), eff. 5-28-2005; Ord. No. 34-05, § 1(61-11-228), eff. 12-6-2005; Ord. No. 13-11, § 1(61-11-228), eff. 8-23-2011; Ord. No. 37-17, § 1(61-11-228), eff. 2-6-2018; Ord. No. 2023-6, § 1, eff. 3-8-2023; Ord. No. 2023-36, § 1, eff. 3-5-2024)

In order to facilitate the reuse of existing buildings, the following uses may be allowed in buildings that were constructed prior to July 15, 1998, but shall be prohibited in buildings constructed thereafter:

(1)

Blueprinting shop.

(2)

Confection manufacture.

(3)

Food catering establishment.

(4)

Lithographing and sign shop.

(5)

Low-impact manufacturing or processing as defined in Section 50-16-284 of this Code, but limited to only food products manufacturing or processing, but excluding slaughtering or rendering.

(6)

Vending machine commissary.

(7)

Trucking terminal and open area for the parking of operable commercial vehicles having not more than two axles.

(8)

Wholesaling, warehousing, storage buildings, or public storage facility.

(Code 1984, § 61-11-229; Ord. No. 11-05, § 1(61-11-229), eff. 5-28-2005; Ord. No. 13-15, § 1(61-11-229), eff. 7-11-2015; Ord. No. 2023-6, § 1, eff. 3-8-2023)

Other conditional uses in the SD4 Special Development District are as follows:

(1)

Aquaculture as provided for in Article XII, Division 3, Subdivision H, of this chapter.

(2)

Aquaponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.

(3)

Boat terminals, passenger.

(4)

Docks or wharves, waterway shipping/freighters.

(5)

Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.

(6)

Heliports as regulated by Section 50-12-411 of this Code and Article XIV, Division 6, of this chapter.

(7)

Hydroponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.

(Code 1984, § 61-11-230; Ord. No. 11-05, § 1(61-11-230), eff. 5-28-2005; Ord. No. 10-13, § 1(61-11-230), eff. 4-16-2013; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Uses that are similar to those specified above, may be permitted on a conditional basis where found by the Planning and Development Department to be consistent with the uses listed in Section 50-11-296 through Section 50-11-300 of this Code and with the objectives of the Master Plan for the area.

(Code 1984, § 61-11-231; Ord. No. 11-05, § 1(61-11-231), eff. 5-28-2005)

The SD4 Special Development District is intended to allow a harmonious mixture of residential, commercial, and certain industrial uses. As such, the environmental characteristics should suit office and residential uses, as addressed by the following requirements:

(1)

All permitted uses and accessory activities shall be confined within completely enclosed buildings, with the exception of the following: uses and activities directly dependent upon traffic or waterway shipping; existing legally established outdoor storage; waste, trash, and rubbish incidental to the principal use of the site, temporarily stored prior to removal; off-street parking and loading; signs; recreational facilities; heliports; marinas; outdoor sales and display areas for new or used motor vehicles; and outdoor dining facilities. In the event of the legal expansion of an existing use which includes legally established outdoor storage accessory to the principal use, the outdoor accessory storage area shall be permitted to increase in direct proportion to the expanded principal use, provided, that any additional outdoor accessory storage area will be screened as specified in this chapter. For example, where a 10,000-square-foot facility expands an additional 1,000 square feet, the facility's outdoor accessory storage area may likewise expand by one-tenth;

(2)

Subsection (1) of this section shall not be construed to permit the following uses, as defined in Article XVI of this chapter, in the SD4 District: outdoor storage yards, scrap tire storage facilities, towing service storage yards, junkyards, recycling centers, or transfer stations;

(3)

All outside storage areas shall be screened, except for uses and activities directly dependent upon traffic or waterway shipping, and the outside storage area is otherwise adequately screened from view from public roads. Screening shall consist of landscaping which shall be visible from the public roadway and not less than six feet in height, except for the "clear vision triangle" that is referenced in Section 50-13-22(3) of this Code. In addition, screening shall consist of an opaque wooden fence or masonry wall not less than six feet in height;

(4)

Establishments shall not create any dangerous, injurious, noxious, or other hazardous condition due to fire, electrical malfunction, explosives, radioactivity, or other causes adversely affecting the surrounding area. Establishments shall comply with the applicable federal, state, and County health and pollution laws and regulations, and this Code, which relate to noise, dust, smoke and other air pollutants, soil contaminants, storm water management, vibration, glare, heat, fire and explosive hazards, gases, electromagnetic radiation, radioactive matter, and toxic materials; and

(5)

Establishments shall implement reasonable mitigating measures to control the movement of nuisance-causing levels of mud, dust, and dirt onto adjacent and surrounding properties. Establishments may be required to implement any or all of the following measures: screening with landscaping and/or fencing to control dust, street sweeping on-site and off-site, reconfiguration of site plan, and/or paving for vehicular traffic.

(Code 1984, § 61-11-232; Ord. No. 11-05, § 1(61-11-232), eff. 5-28-2005; Ord. No. 04-12, § 1(61-11-232), eff. 3-30-2012)

Off-street parking and loading requirements shall be provided in accordance with the requirements of Article XIV, Division 1, of this chapter, provided, that the Buildings, Safety Engineering, and Environmental Department may reduce parking requirements by up to one-third for multiple-family dwellings, and up to two-thirds for housing for the elderly regulated by the U.S. Department of Housing and Urban Development under its program pursuant to Section 202 of the Housing Act of 1959, being 12 USC 1701 et seq., except that these reductions shall not be granted in addition to any other reduction in off-street parking as provided for in Section 50-14-153 of this Code, provided, further, that in the case of a proposed reduction, the Planning and Development Department and, where applicable, the City Planning Commission shall recommend to the Buildings, Safety Engineering, and Environmental Department whether such reduction is appropriate given the location, amount of parking already provided and available in the area, and the type of public and private transportation expected to be available within one year after issuance of the Certificate of Occupancy. The parking requirements may be met within a distance of 500 feet beyond the zoning lot, which distance shall be measured between the nearest point of the off-street parking facility and the nearest part of the building or use to be served, upon a recommendation for approval to the Buildings, Safety Engineering, and Environmental Department by the Planning and Development Department and, where applicable, by the City Planning Commission.

(Code 1984, § 61-11-233; Ord. No. 11-05, § 1(61-11-233), eff. 5-28-2005)

Lighting fixtures within the SD4 Special Development District shall be strategically located to provide a safe environment and to accentuate important points of activity, access, and building features.

(Code 1984, § 61-11-234; Ord. No. 11-05, § 1(61-11-234), eff. 5-28-2005)

Potential land use applicants in this district are encouraged to confer with the Planning and Development Department before preliminary plans are completed. In the SD4 Special Development District, the applicant shall submit a site plan, elevations, and other materials as may be required for site plan review as specified in Article III, Division 5, Subdivision B, of this chapter and in accordance with Section 50-11-306 of this Code.

(Code 1984, § 61-11-235; Ord. No. 11-05, § 1(61-11-235), eff. 5-28-2005)

In addition to the site plan review procedures specified in Article III of this chapter, the following provisions shall apply in the SD4 District:

(1)

Departmental review, when required. Preliminary site plan review by the appropriate review body shall be concluded within 60 days of receipt by the review body of the completed application. Failure by the review body to comment within said 60 days shall be deemed an approval of such plans as submitted, unless a written request for an extension of the review period, that is supported by specific reasons justifying such extension, is submitted to and approved by the Buildings, Safety Engineering, and Environmental Department;

(2)

Public hearing, for conditional uses. "Expedited review" may apply in certain situations as provided for in Section 50-3-131 of this Code. Otherwise, in the case of conditional uses, upon receipt of preliminary site plan approval from the appropriate review body, the Buildings, Safety Engineering, and Environmental Department shall schedule a public hearing as provided for in Article III, Division 7, of this chapter. The applicant shall be provided with any preliminary comments or recommendations from City departments or commissions at least three days prior to the public hearing;

(3)

Final actions by Buildings, Safety Engineering, and Environmental Department. The Buildings, Safety Engineering, and Environmental Department shall have authority to take final action on all applications involving sites less than three acres. The Buildings, Safety Engineering, and Environmental Department shall approve, disapprove, or conditionally approve the proposed development and site plan no later than 45 days after the public hearing. Decisions of the Buildings, Safety Engineering, and Environmental Department may be appealed to the Board of Zoning Appeals as provided for in Section 50-4-103 of this Code. For cases where City Council takes final action, the Buildings, Safety Engineering, and Environmental Department shall forward its findings, recommendation, and any proposed conditions to City Council. No permit shall be issued by the Buildings, Safety Engineering, and Environmental Department before the applicant presents proof that the zoning grant for the subject property has been properly recorded with the County Register of Deeds;

(4)

City Council review. Referral to City Council. The City Council shall have sole authority to take final action on all applications involving sites of three or more acres;

(5)

City Council review or public hearing. For development and site plans which the City Council determines in its discretion to require a public hearing, the same shall be held in accordance with Section 103 of the Michigan Zoning Enabling Act, being MCL 125.3103, relative to notice, hearings, and findings. The applicant shall be provided with any preliminary comments or recommendations from City departments or the City Planning Commission at least seven days prior to the public hearing;

(6)

Final action by City Council. The City Council shall approve, disapprove, or approve with conditions, the proposed development and site plan within 45 days after receipt of the written departmental findings, recommendations, and conditions from the Buildings, Safety Engineering, and Environmental Department, provided, that where a public hearing is held, the decision of the City Council shall be made within 45 days of said public hearing. Decisions of the City Council are not appealable to the Board of Zoning Appeals;

(7)

Issuance of permit. No permit shall be issued by the Buildings, Safety Engineering, and Environmental Department before the applicant presents proof that a certified copy of the City Council resolution of approval for the subject property has been properly recorded with the County Register of Deeds.

(Code 1984, § 61-11-236; Ord. No. 11-05, § 1(61-11-236), eff. 5-28-2005; Ord. No. 44-06, § 1(61-11-236), eff. 12-21-2006)

To ensure harmony with the policies of the Detroit Master Plan of Policies as applied, and with design guidelines adopted by the Planning and Development Department or City Planning Commission and approved by the City Council, the Planning and Development Department or City Planning Commission, as appropriate, shall submit written findings to that effect to the Buildings, Safety Engineering, and Environmental Department or the City Council, as appropriate, with regard to the proposed use, exterior design, site plan, appearance, location of any proposed building, or exterior alteration of any existing building, structure, or premises, in whole or part, including any exterior signs, and areas for parking, loading, or unloading.

(Code 1984, § 61-11-237; Ord. No. 11-05, § 1(61-11-237), eff. 5-28-2005)

Final approval by the Buildings, Safety Engineering, and Environmental Department is required for all sites less than three acres in size. For development sites of three or more acres, the Buildings, Safety Engineering, and Environmental Department shall forward any such proposal, along with its recommendation for approval and those recommendations from the appropriate departments, to the City Council for final approval by resolution. Decisions of the City Council may not be appealed to the Board of Zoning Appeals.

(Code 1984, § 61-11-238; Ord. No. 11-05, § 1(61-11-238), eff. 5-28-2005)

In District Areas established in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, for urban renewal, the Development Plan adopted in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, indicating uses and setbacks, shall be filed with the petition for approval pursuant to Section 50-11-306 of this Code, and shall be recorded with the County Register of Deeds and numbered as indicated for private developments. Ultimate development in a District Area, or parcel thereof, shall conform in all respects to the Development Plan, except as may have been authorized as a minor deviation by the Board of Zoning Appeals in accordance with Section 50-2-74 and Section 50-4-2(c) of this Code, and shall also be subject to site plan and other review as indicated in this division. Any and all uses specified in this division are permitted in District Areas, and are subject to review and recommendation by the Planning and Development Department, and, where applicable, by the City Planning Commission, to the Buildings, Safety Engineering, and Environmental Department, provided, that the Buildings, Safety Engineering, and Environmental Department finds the proposal to be consistent with the spirit and purpose of this chapter, and that the Planning and Development Department finds the proposal to be in accordance with the Development Plan for the District Area.

(Code 1984, § 61-11-239; Ord. No. 11-05, § 1(61-11-239), eff. 5-28-2005; Ord. No. 34-11, § 1(61-11-239), eff. 12-22-2011)

In addition to the site plan approval criteria specified in Section 50-3-96 of this Code, the following provisions shall apply:

(1)

That the proposed development reflects the applicable policies in the Detroit Master Plan of Policies, both text and maps, as applied to the geographic area in question;

(2)

That the natural features of the landscape, particularly views of the Detroit River, are retained where they enhance the development of the site, or where they furnish a barrier or buffer between the project and adjoining properties, or where they assist in preserving the general safety, health, and appearance of the area or district. Removal of existing trees should be minimized;

(3)

That buildings are designed to create a pedestrian-friendly setting that relates a building's active uses to the street;

(4)

That new buildings are constructed to the lot line with no setback, except for a setback not to exceed ten feet from the lot line for a permitted outdoor seating area only;

(5)

That new buildings establish a uniform street wall by establishing a building base a minimum of two stories or 20 feet in height; that new buildings taller than three stories establish a uniform street wall or building base (a podium) not to exceed 40 feet; and that the taller section of the building should be on top of the podium and set back a minimum of ten feet horizontal distance from the parapet of the main facade facing a street;

(6)

That to the fullest extent possible, the hours of operation shall not create any adverse effect upon owners or occupants of adjacent and surrounding properties. This subsection shall not be construed or interpreted to define the operating hours of businesses established prior to the property's reclassification to a SD4 District as either nonconforming, or as creating an adverse effect upon the owners and occupants of adjacent and surrounding properties; and

(7)

That the proposed landscaping and other site amenities are appropriate to the development and to the adjoining and surrounding properties.

(Code 1984, § 61-11-240; Ord. No. 11-05, § 1(61-11-240), eff. 5-28-2005; Ord. No. 24-07, § 1(61-11-240), eff. 7-24-2007; Ord. No. 2020-12, § 1, eff. 12-9-2020)

The Planning and Development Department and City Planning Commission shall develop design standards appropriate to ensure high quality development and to improve the environmental aesthetics of the SD4 District. Such standards shall be adopted by ordinance for inclusion in this division.

(Code 1984, § 61-11-241; Ord. No. 11-05, § 1(61-11-241), eff. 5-28-2005)

All site plans, elevations, and other development proposals, including proposed uses approved in accordance with Section 50-11-308 of this Code, may be amended pursuant to the same procedure and subject to the same limitations and requirements by which the plans and proposals were initially approved, provided, that minor changes to such approved site plans, elevations and other development proposals, and minor changes to conforming uses existing on July 15, 1998, may be permitted by the Buildings, Safety Engineering, and Environmental Department without the usual public hearing or, where applicable, by the City Planning Commission (or its staff where consistent with its bylaws), subject to the determination that such change will not cause any of the following:

(1)

A change in character of the development;

(2)

An increase in the ratio of gross floor area to zoning area;

(3)

An increase in coverage by structures unless justified by changes in other factors;

(4)

A reduction in approved open space or off-street parking and loading space unless justified by changes in other factors; or

(5)

The creation of, or increase in, injurious effects upon land uses permitted by right or conditionally in the immediate vicinity.

(Code 1984, § 61-11-242; Ord. No. 11-05, § 1(61-11-242), eff. 5-28-2005; Ord. No. 38-14, § 1(61-11-242), eff. 10-16-2014)

As provided for in Article IV, Division 6, of this chapter, the Planning and Development Department or, where applicable, the City Council may modify the minimum lot size, setbacks, and buildings bulk requirements as an administrative adjustment. Such an adjustment shall be:

(1)

Based on the approval criteria specified in Section 50-4-121 of this Code; and

(2)

Ensure that the proposed development will conform in all other respects to the applicable regulations of the SD4 District and this chapter, and be consistent with the intent and policies of the adopted Master Plan.

(Code 1984, § 61-11-243; Ord. No. 11-05, § 1(61-11-243), eff. 5-28-2005)

Section 50-11-281 through Section 50-11-313 of this Code establish the Special Development District, Riverfront Mixed Use (SD4) as an appropriate area for specified types of buildings, structures, and uses. It is necessary and consistent with the establishment of this district that all nonconforming buildings, structures, and uses be permitted to continue only under specific controls. Any nonconforming building, structure, or use lawfully existing on July 27, 1998, and which remains nonconforming, and any lawfully existing building, structure, or use which shall become nonconforming upon the adoption of any subsequent amendment to this chapter, may be continued, operated, occupied, or maintained subject to Article XV of this chapter, Nonconformities. All applications for permits under Article XV of this chapter and Article II, Division 5, of this chapter shall include plats and site plans as required in Section 50-4-46 of this Code and Article XI, Division 12, of this chapter. The Planning and Development Department shall submit its report and recommendation to the Board of Zoning Appeals as the reviewing body, pursuant to Article XV of this chapter or Article II, Division 5, of this chapter.

(Code 1984, § 61-11-244; Ord. No. 11-05, § 1(61-11-244), eff. 5-28-2005)

Where setback, lot size, or lot width provisions of Article XIII of this chapter would render an otherwise conforming building or structure nonconforming, and the land use related to the building or structure is listed as a by-right or conditional use in this division or is otherwise a conforming use as provided for in Section 50-11-282 and Section 50-11-283 of this Code, said building or structure shall also be considered a conforming building or structure.

(Code 1984, § 61-11-245; Ord. No. 11-05, § 1(61-11-245), eff. 5-28-2005)

Any industrial use within an SD4 District, which is conforming in accordance with Section 50-11-282 and Section 50-11-283 of this Code that is vacated, closed, or not open for business for a period of six consecutive months shall be deemed prima facie abandoned. Upon abandonment of the industrial use, only those specific uses listed as by-right or conditional in this division may be considered by the Buildings, Safety Engineering, and Environmental Department and, as applicable, by the City Council for establishment upon the site of the prior industrial use.

(Code 1984, § 61-11-246; Ord. No. 11-05, § 1(61-11-246), eff. 5-28-2005; Ord. No. 20-05, § 1(61-11-246), eff. 5-29-2005)

Development of vacant land by adjacent property owners shall be subject to the following:

(1)

Where a zoning lot or parcel is vacant on the date it is included in an SD4 District, and where the owner of said vacant land also owns developed property immediately adjacent to the vacant land, then said owner, within 24 months from said date, may submit a site plan and permit application for development of the vacant zoning lot or parcel in the manner provided for in Section 50-4-46 of this Code and in Section 50-11-305 through Section 50-11-310 of this Code;

(2)

Uses permitted on said vacant land shall be the same as those uses permitted on the developed land of the adjacent property owner seeking to expand, provided, that the vacant land shall not be developed for any use more intensive than the adjacent expanding use, or for any use more intensive than those uses first permitted by right or with approval for the zoning classification of the subject vacant land immediately predating the SD4 designation;

(3)

In the event the Buildings, Safety Engineering, and Environmental Department does not receive a permit application and site plan on or before expiration of the 24-month period, development of said property shall be limited to those uses specified in Section 50-11-290 through Section 50-11-300 of this Code provided, that notification of said development limitation shall be sent by Buildings, Safety Engineering, and Environmental Department, by registered mail, to the property owner of record, not more than 60 days prior to the expiration of said 24-month period;

(4)

The property owner shall be given 60 days from the date of mailing of said notification to submit an application and site plan for development of the vacant zoning lot or parcel;

(5)

Where a site plan and application are received by the Buildings, Safety Engineering, and Environmental Department within the time specified, the plan and application will be reviewed in the manner provided in this division. If the site plan and application is denied, development of the land shall be limited to those uses specified in Section 50-11-288 through Section 50-11-300 of this Code;

(6)

In the event that the final site plan and application are approved, the property owner will be given three years from the effective date of the approval to commence the development unless said time period is extended upon the application of the property owner by the appropriate body prior to the expiration of the three-year time period. Where the three-year time period expires, or where any time extension expires, then development of the land shall be limited to those uses specified at Section 50-11-289 through Section 50-11-300 of this Code.

(Code 1984, § 61-11-247; Ord. No. 11-05, § 1(61-11-247), eff. 5-28-2005)

In the SD4 District, uses having drive-up or drive-through facilities are only permitted on zoning lots abutting East Jefferson Avenue.

(Code 1984, § 61-11-248; Ord. No. 11-05, § 1(61-11-248), eff. 5-28-2005)

(a)

The SD5 Special Development District, Casinos, is designed to facilitate the location of licensed casinos and casino complexes within the boundaries established by the City for casino gaming activities. The SD5 District focuses on urban entertainment and recreational activities that will enhance the area as a desirable location for tourists, conventions, and urban life. The provisions of the district encourage pedestrian and transit-oriented linkages between casinos and casino complexes and other activity areas within the City. Because of the special characteristics of casinos and casino complexes, the requirements applicable to development in this district include submittal requirements and criteria that are specified in this division. These regulations are designed to ensure that casinos and casino complexes contribute positively to the built environment, that the operation of casinos and casino complexes will help to enhance, expand, and stabilize employment and the local economy while simultaneously ensuring effective public services and a high quality of life for nearby businesses, institutions and residents.

(b)

After review and recommendation by the Planning and Development Department and the City Planning Commission, the City Council shall review and approve site plans and design features for all casinos and casino complexes.

(Code 1984, § 61-11-261; Ord. No. 11-05, § 1(61-11-261), eff. 5-28-2005)

All uses in the SD5 Special Development District are subject to site plan review as provided for in Article III, Division 5, of this chapter.

(Code 1984, § 61-11-262; Ord. No. 11-05, § 1(61-11-262), eff. 5-28-2005)

By-right uses within the SD5 Special Development District are as follows: Casinos and casino complexes, inclusive of hotels, cabarets and establishments for the sale of beer or alcoholic liquor for consumption on the premises.

(Code 1984, § 61-11-263; Ord. No. 11-05, § 1(61-11-263), eff. 5-28-2005)

In petitioning for a rezoning to an SD5 Special Development District, the petitioner shall submit to the City Planning Commission studies, site plans, and other information relative to the proposed casino or casino complex as specified in the City Planning Commission's procedures that are referenced in Section 50-11-345 of this Code.

(Code 1984, § 61-11-264; Ord. No. 11-05, § 1(61-11-264), eff. 5-28-2005; Ord. No. 20-05, § 1(61-11-264), eff. 5-29-2005)

The City Council, the Planning and Development Department, and the City Planning Commission shall review development proposals for compliance with the following criteria:

(1)

The proposed development shall be consistent with and promote the goals of the Detroit Master Plan of Policies;

(2)

The proposed development shall promote pedestrian and transit linkages to other activity areas;

(3)

The proposed development shall be appropriate to and compatible with surrounding development in terms of scale, form, massing, land use, general appearance, function, signage, and lighting recognizing the unique functional characteristics of a casino or casino complex;

(4)

The proposed development shall include adequate circulation, off-street parking, and loading facilities to meet expected parking and vehicular and pedestrian traffic demands;

(5)

The proposed development shall provide amenities and public facilities to promote safety, comfort and convenience, including barrier-free access for visitors, employees, and the general public;

(6)

The proposed development shall contain quality urban design elements and design features including those which promote public safety, facilitate maintenance and repair, and provide appropriate screening and buffers; and

(7)

The proposed development shall be sensitive to buildings in the immediate area which have architectural or historic value.

The City Planning Commission shall adopt guidelines which amplify these criteria as referenced in Section 50-11-345 of this Code.

(Code 1984, § 61-11-265; Ord. No. 11-05, § 1(61-11-265), eff. 5-28-2005; Ord. No. 20-05, § 1(61-11-265), eff. 5-29-2005)

A casino complex within the SD5 Special Development District must include a hotel development having a minimum of 400 rooms.

(Code 1984, § 61-11-266; Ord. No. 11-05, § 1(61-11-266), eff. 5-28-2005)

(a)

The following visitor parking spaces shall be provided in structures located within 300 feet of the casino or casino complex located within the SD5 Special Development District:

(b)

In addition, one parking space per each two employees at maximum employment on a single shift shall be provided. Where employee parking is provided in off-site lots, a traffic study shall be provided and verified by the Department of Public Works, Traffic Engineering Division that shows the impact from these parking lots and resulting traffic upon City streets. The location and site plan of these lots shall be reviewed by the City Planning Commission.

(Code 1984, § 61-11-267; Ord. No. 11-05, § 1(61-11-267), eff. 5-28-2005)

Editor's note— Ord. No. 2020-12, § 1, effective December 9, 2020, repealed Sec. 50-11-338, General sign regulations. Former Sec. 50-11-338 pertained to general sign regulations in the SD5—Special Development District, Casinos and derived from Sec. 61-11-268 of the 1984 Detroit City Code, being Ord. No. 11-05, § 1(61-11-268), effective May 28, 2005.

The procedures for rezoning to the SD5 Special Development District and for approval of a development proposal shall be in accordance with Article III, Division 3, of this chapter and with Section 50-11-340 through Section 50-11-344 of this Code. In the event of conflict, the procedures specified in Section 50-11-340 through Section 50-11-344 of this Code shall control.

(Code 1984, § 61-11-269; Ord. No. 11-05, § 1(61-11-269), eff. 5-28-2005)

(a)

A petition requesting rezoning to the SD5 Special Development District shall be accompanied by a site plan, building elevations, and other data in sufficient detail to permit the City Council, the Planning and Development Department, and the City Planning Commission to review the proposed development for compliance with the criteria stated in Section 50-11-335 of this Code and other applicable regulations of this division.

(b)

Where the development proposal consists of detailed schematics or design development level plans, a one-step approval procedure may be followed as provided for in Section 50-11-341 and Section 50-11-342 of this Code.

(c)

Where the development proposal consists of conceptual plans, the staff of the City Planning Commission may deem the development proposal to be preliminary and require a two-step approval process as provided for in Section 50-11-343 of this Code.

(Code 1984, § 61-11-270; Ord. No. 11-05, § 1(61-11-270), eff. 5-28-2005; Ord. No. 20-05, § 1(61-11-270), eff. 5-29-2005)

A public hearing before the City Planning Commission shall be held after publishing a notice of the hearing, not less than 15 days prior to the hearing, in a newspaper of general circulation in the City and mailing the notice to owners and occupants within 300 feet of the proposed rezoning. Notice shall also be given by mail to each public utility company and to each railroad company that owns or operates any public utility or railroad within the districts or zones affected. Following the public hearing, the City Planning Commission may take action to recommend to City Council approval, approval with conditions, or denial of the proposed rezoning and development proposal.

(Code 1984, § 61-11-271; Ord. No. 11-05, § 1(61-11-271), eff. 5-28-2005)

In addition to the requirements of Article III, Division 3, of this chapter, the notice for the public hearing to be held by the City Council shall:

(1)

Indicate the property which is the subject of the requested rezoning to SD5 and approval of a development proposal;

(2)

Describe the nature of the proposed development;

(3)

State when and where the public hearing will be held; and

(4)

Indicate when and where written comments will be received concerning the requested rezoning and approval of the development proposal.

(Code 1984, § 61-11-272; Ord. No. 11-05, § 1(61-11-272), eff. 5-28-2005)

The two-step process is subject to Section 50-11-340, Section 50-11-341, and Section 50-11-342 of this Code.

(1)

Step One: Rezoning of land to SD5 and approval of preliminary development proposal. A petitioner having submitted only a preliminary development proposal, as described in Section 50-11-340(c) of this Code, may obtain a rezoning of the land to SD5 prior to obtaining approval of the final development proposal, provided, that City Council shall not rezone the land to SD5 unless the Body simultaneously grants approval, or approval with conditions, to a preliminary development proposal.

(2)

Step Two: Approval of final development proposal. To obtain approval of the final development proposal subsequent to the approval of the preliminary development proposal, the petitioner shall submit detailed schematic or design-development level plans to the Planning and Development Department and to the City Planning Commission. The City Planning Commission staff shall evaluate the submission for consistency with the approval of the preliminary development proposal granted in Step One.

a.

Where the submission is deemed by the City Planning Commission staff to be consistent with the approval of the preliminary development proposal granted by the City Council, the City Planning Commission may schedule a public discussion, inviting interested parties, and consider the request. Following its review, the City Planning Commission shall take action to recommend approval, or approval with conditions, and forward a report and its recommendation to the City Council. The Council may choose to hold a discussion on the request and shall render its action with respect to the final development proposal by resolution.

b.

Where the submission is not deemed by City Planning Commission staff to be consistent with the approval of the preliminary development proposal granted by the City Council, the submission shall be processed in accordance with the public hearing and action procedures contained in Section 50-11-341 and Section 50-11-342 of this Code. The submission may not be acted on by resolution of City Council but, instead, may only be acted on as an amendment to the rezoning ordinance where approval of the preliminary development proposal had been granted.

(Code 1984, § 61-11-273; Ord. No. 11-05, § 1(61-11-273), eff. 5-28-2005; Ord. No. 20-05, § 1(61-11-273), eff. 5-29-2005)

The City Planning Commission shall keep a true and complete record of the final development proposal, as approved, including the petition, preliminary development proposal, if any, and accompanying information and documentation submitted by the petitioner. The City Planning Commission shall provide a true copy of the record to the Buildings, Safety Engineering, and Environmental Department and to the Planning and Development Department.

(Code 1984, § 61-11-274; Ord. No. 11-05, § 1(61-11-274), eff. 5-28-2005)

The City Planning Commission shall adopt procedures and guidelines to carry out the purposes of the SD5 Special Development District and to ensure that casinos and casino complexes are well designed and compatible with surrounding uses. The procedures shall include a description of the information that must accompany a petition for a rezoning to an SD5 District. Development and site design guidelines shall amplify the criteria stated in Section 50-11-335 of this Code.

(Code 1984, § 61-11-275; Ord. No. 11-05, § 1(61-11-275), eff. 5-28-2005; Ord. No. 20-05, § 1(61-11-275), eff. 5-29-2005)

(a)

Approved site plans and elevations, and other aspects of the development proposal, including uses, may be amended, pursuant to the same procedure and subject to the same limitations and requirements by which said plans and proposals were initially approved, provided, that upon written request by the petitioner, minor changes may be permitted by the City Planning Commission (or its staff where consistent with its bylaws), subject to a finding that such change will not cause any of the following:

(1)

A change in the character of the development;

(2)

An increase in the ratio of gross floor area by more than five percent;

(3)

An increase in lot coverage by structure unless justified by changes in other factors;

(4)

A reduction in approved open space or off-street parking unless justified by changes in other factors; or

(5)

The creation of or increase in injurious effects to land uses in the immediate vicinity.

(b)

After review by the City Planning Commission, the petitioner shall be notified, in writing, of the result of the City Planning Commission's findings. These findings shall be forwarded to the City Council.

(Code 1984, § 61-11-276; Ord. No. 20-05, § 1(61-11-276), eff. 5-29-2005; Ord. No. 38-14, § 1(61-11-276), eff. 10-16-2014)

The Gateway Radial Thoroughfare Overlay Areas consist of property abutting those major radial streets, within and leading to the Central Business District, upon which the Master Plan of Policies has generally proposed a rezoning from B4 General Business District to a Special Development zoning district.

(Code 1984, § 61-11-301; Ord. No. 11-05, § 1(61-11-301), eff. 5-28-2005)

The five Gateway Radial Thoroughfares are designated as:

(1)

Woodward Avenue between Euclid Avenue and the Fisher Freeway (I-75);

(2)

Grand River Avenue between the Edsel Ford Freeway (I-94) and Cass Avenue;

(3)

Gratiot Avenue between Mount Elliott Avenue and Randolph Street/Broadway Avenue;

(4)

Michigan Avenue between the Jeffries Freeway (I-96) and the John C. Lodge Freeway (M-10); and

(5)

East Jefferson Avenue between Water Works Park (Garland Avenue/Marquette Avenue) and the Chrysler Freeway (I-375).

(Code 1984, § 61-11-302; Ord. No. 11-05, § 1(61-11-302), eff. 5-28-2005)

As the City's main street, Woodward Avenue functions as the main ceremonial thoroughfare of the City. To emphasize its major civic character, additional and unique land use provisions may be appropriate along this Gateway Radial Thoroughfare only.

(Code 1984, § 61-11-303; Ord. No. 11-05, § 1(61-11-303), eff. 5-28-2005)

(a)

The following uses are prohibited on any lot zoned B2 or B4 within any Gateway Radial Thoroughfare Overlay Area:

(1)

Confection manufacture.

(2)

Dental products, surgical, or optical goods manufacture.

(3)

Emergency shelter.

(4)

Go-cart track.

(5)

Ice manufacture.

(6)

Jewelry manufacture.

(7)

Lithographing.

(8)

Marijuana retail/provisioning facility.

(9)

Motor vehicle washing and steam cleaning.

(10)

Pawnshop.

(11)

Plasma donation center.

(12)

Precious metal and gem dealer.

(13)

Pre-release adjustment center.

(14)

Radio, television, or household appliance repair shop.

(15)

Rebound tumbling center.

(16)

Restaurant, carry-out or fast-food, with drive-up or drive-through facilities or where not located in a multi-story building having a mixed-use or multi-tenant development; prohibition limited to Woodward Avenue only.

(17)

Substance abuse service facility.

(18)

Taxicab dispatch and/or storage facility.

(19)

Toiletries or cosmetic manufacturing.

(20)

Tool, die, and gauge manufacturing.

(21)

Trade services, general.

(22)

Trailer coaches or boats, sale or rental, open air display.

(23)

Trailers or cement mixers, pneumatic-tired, sales, rental or service.

(24)

Used goods dealer.

(25)

Vending machine commissary.

(26)

Wearing apparel manufacturing.

(27)

Wholesaling, warehousing, storage buildings, or public storage facilities, except on Gratiot Avenue.

(b)

The following uses are prohibited on any zoning lot within any Gateway Radial Thoroughfare Overlay Area:

(1)

Designated marijuana consumption establishment.

(2)

Junkyard.

(3)

Light duty vehicle repair establishment.

(4)

Marijuana microbusiness.

(5)

Marijuana retail/provisioning facility.

(6)

Medium/heavy duty vehicle or equipment repair establishment.

(7)

Motor vehicles, used, salesroom or sales lot.

(8)

Motor vehicles, used, storage lot accessory to a salesroom or sales lot for used motor vehicles.

(9)

Scrap tire storage, processing, or recycling facility.

(10)

Tires, used; sales and/or service.

(11)

Towing service storage yard.

(c)

Accessory parking lot or parking area on zoning lots abutting a designated Gateway Radial Thoroughfare that are not farther than the maximum distance specified in Article XIV, Division 1, Subdivision B, of this chapter shall be permitted by right subject to Article XIV, Division 1, Subdivision E, of this chapter, Article XIV, Division 1, Subdivision G, of this chapter, and Article XIV, Division 2, Subdivision C, of this chapter.

(d)

Commercial parking lot or area and accessory parking lot or area on zoning lots abutting a designated Gateway Radial Thoroughfare that are farther than the maximum distance specified in Article XIV, Division 1, Subdivision B, of this chapter shall be reviewed as conditional uses subject to Article XIV, Division 1, Subdivision E, of this chapter, Article XIV, Division 1, Subdivision G, of this chapter, and Article XIV, Division 2, Subdivision C, of this chapter.

(Code 1984, § 61-11-304; Ord. No. 11-05, § 1(61-11-304), eff. 5-28-2005; Ord. No. 31-15, § 1(61-11-304), eff. 3-1-2016; Ord. No. 37-17, § 1(61-11-304), eff. 2-6-2018; Ord. No. 20-18, § 1(61-11-304), eff. 10-14-2018; Ord. No. 2020-12, § 1, eff. 12-9-2020; Ord. No. 2020-21, § 1, eff. 8-8-2020; Ord. No. 2021-9, § 1, eff. 4-3-2021; Ord. No. 2023-6, § 1, eff. 3-8-2023; Ord. No. 2023-29, § 1, eff. 8-10-2023)

(a)

Certain commercial areas of the City are, or have the potential to be, high quality, pedestrian-scale, walkable areas with a traditional urban atmosphere. Areas designated by City Council as Traditional Main Street Overlay Areas are listed in Section 50-11-382 of this Code.

(b)

Development within Traditional Main Street Overlay Areas should be geared, as much as possible, toward street-level pedestrian-generating uses. Ground level treatment of buildings should be pedestrian scale.

(c)

Designated Traditional Main Street Overlay Areas are subject to additional development standards as specified in Section 50-14-431 through Section 50-14-450 of this Code in order to address pedestrian needs and to enhance pedestrian interest, access, and enjoyment.

(Code 1984, § 61-11-311; Ord. No. 11-05, § 1(61-11-311), eff. 5-28-2005; Ord. No. 20-05, § 1(61-11-311), eff. 5-29-2005; Ord. No. 34-05, § 1(61-11-311), eff. 12-6-2005; Ord. No. 23-13, § 1(61-11-311), eff. 8-28-2013)

The following areas are designated as Traditional Main Street Overlay Areas:

(1)

West Seven Mile. All zoning lots abutting West Seven Mile Road between the zoning lots at the four corners of John R Avenue and the center line of Woodward Avenue.

(2)

Grand River/Lahser. All zoning lots abutting Grand River Avenue between the center line of Greenfield Road and the zoning lots at the four corners of Lahser Road and all zoning lots abutting Lahser Road between West McNichols Road and Santa Clara Avenue.

(3)

Bagley/Vernor. All zoning lots abutting Bagley Avenue between the center line of 16th Street and the center line of 24th Street; and all zoning lots abutting West Vernor Highway between the center line of Newark Avenue and the center line of Clark Street.

(4)

Livernois/West McNichols. All zoning lots abutting Livernois Avenue between the center line of the John C. Lodge Freeway and the center line of West Eight Mile Road; and all zoning lots abutting West McNichols Road between the center line of Lawton Avenue and the zoning lots at the four corners of Wyoming Avenue.

(5)

East Jefferson. All zoning lots abutting East Jefferson Avenue between the center lines of Dickerson Avenue/Gray Avenue and the city limits of Grosse Pointe Park.

(6)

Woodward. All zoning lots abutting Woodward Avenue between the center line of Temple Avenue/Alfred Street and the city limits of Highland Park.

(7)

Grand Boulevard. All zoning lots abutting West Grand Boulevard/East Grand Boulevard between the John C. Lodge freeway (M-10) and the eastern edge of Cameron Street (extended). Standards for West Grand Boulevard between John C. Lodge Freeway (M-10) and Grand River in the Grand Boulevard Overlay Area, are available in Subdivision D of this division.

(8)

Michigan Avenue. All zoning lots abutting Michigan Avenue between the John C. Lodge Freeway (M-10) and the zoning lots at the four corners of Vinewood Avenue.

(9)

Vernor/Springwells. All zoning lots abutting West Vernor Highway between the center line of Clark Street and the zoning lots at the four corners of Woodmere Avenue; and all zoning lots abutting Springwells Avenue between the four corners of West Vernor Highway and the four corners of the Fisher Freeway (I-75) service drives.

(10)

East Warren. All zoning lots abutting East Warren Avenue between Audubon Avenue and the four corners of Radnor Street.

(11)

West Warren. All zoning lots abutting West Warren Avenue between the Southfield Freeway and Greenfield Road.

(12)

Van Dyke. All zoning lots abutting Van Dyke Street between East 7 Mile and East 8 Mile Roads.

(Code 1984, § 61-11-312; Ord. No. 11-05, § 1(61-11-312), eff. 5-28-2005; Ord. No. 20-05, § 1(61-11-312), eff. 5-29-2005; Ord. No. 23-13, § 1(61-11-312), eff. 8-28-2013; Ord. No. 37-17, § 1(61-11-312), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020)

The Planning and Development Department shall develop design standards and guidelines for Traditional Main Street Overlay Areas. The design standards and guidelines shall address the following elements and, where applicable, be employed in addition to site plan review as provided for in Article III, Division 5, of this chapter, Use Regulations, as provided for in Article XII of this chapter, Intensity and Dimensional Standards, as provided for in Article XIII of this chapter, and General Development Standards as provided for in Article XIV of this chapter:

(1)

Context;

(2)

Site layout;

(3)

Building design;

(4)

Landscaping;

(5)

Streetscape;

(6)

Signage and other communication elements;

(7)

Parking; and

(8)

Open space and public amenities.

(Code 1984, § 61-11-313; Ord. No. 11-05, § 1(61-11-313), eff. 5-28-2005; Ord. No. 20-05, § 1(61-11-313), eff. 5-29-2005)

The Buildings, Safety Engineering, and Environmental Department shall not approve a permit application for any work relating to a zoning lot within a Traditional Main Street Overlay Area unless the Planning and Development Department shall have verified that such work is consistent with the design standards of this subdivision.

(Code 1984, § 61-11-314; Ord. No. 11-05, § 1(61-11-314), eff. 5-28-2005; Ord. No. 20-05, § 1(61-11-314), eff. 5-29-2005)

The Buildings, Safety Engineering, and Environmental Department shall forward to the Planning and Development Department all permit applications related to land zoned other than R1, R2, R3, R4, R5, R6 or residential PD and located in a designated Traditional Main Street Overlay Area, except those permit applications for interior alterations or other such permit applications which, in the concurrence of both departments, would have no bearing on the exterior appearance of the building.

(Code 1984, § 61-11-315; Ord. No. 20-05, § 1(61-11-315), eff. 5-29-2005; Ord. No. 2022-12, § 1, eff. 5-31-2022; Ord. No. 2023-41, § 1, eff. 12-30-2023)

The following uses are prohibited within any Traditional Main Street Overlay Area:

(1)

Designated marijuana consumption establishment;

(2)

Marijuana grower facility;

(3)

Marijuana microbusiness;

(4)

Marijuana processor facility;

(5)

Marijuana retail/provisioning facility;

(6)

Marijuana safety compliance facility; and

(7)

Marijuana secure transporter facility.

(Code 1984, § 61-11-316; Ord. No. 31-15, § 1(61-11-316), eff. 3-1-2016; Ord. No. 20-18, § 1(61-11-316), eff. 10-14-2018; Ord. No. 2021-9, § 1, eff. 4-3-2021; Ord. No. 2023-29, § 1, eff. 8-10-2023)

Certain wide major thoroughfares of the City, typically zoned B4, pass through neighborhoods undertaking commercial revitalization efforts. Similarly, certain major thoroughfares pass through both Detroit and neighboring cities and townships that participate in multi-jurisdictional improvements to the vehicular corridor. In all such areas, the character and design of development is important to the attraction of additional development and to the improvement of environmental aesthetics. The Major Corridor Overlay Area provides the opportunity for more detailed review of proposed development.

(Code 1984, § 61-11-321; Ord. No. 11-05, § 1(61-11-321), eff. 5-28-2005)

The following streets are designated as major corridors and the following areas are hereby designated as Major Corridor Overlay Areas:

(1)

Woodward. All zoning lots abutting Woodward Avenue between the center line of West McNichols and the center line of West Eight Mile Road.

(2)

Eight Mile Road. All zoning lots abutting Eight Mile Road.

(Code 1984, § 61-11-322; Ord. No. 11-05, § 1(61-11-322), eff. 5-28-2005; Ord. No. 01-10, § 1(61-11-322), eff. 4-1-2010)

The Planning and Development Department shall develop design standards and guidelines for Major Corridor Overlay Areas. The design standards and guidelines shall address the following elements and, where applicable, be employed in addition to site plan review as provided for in Article III, Division 5, of this chapter, Use Regulations, as provided for in Article XII of this chapter, Intensity and Dimensional Standards, as provided for in Article XIII of this chapter, and General Development Standards as provided for in Article XIV of this chapter:

(1)

Context;

(2)

Site layout;

(3)

Building design;

(4)

Landscaping;

(5)

Street elements;

(6)

Signage and other communication elements;

(7)

Parking; and

(8)

Open space and public amenities.

(Code 1984, § 61-11-323; Ord. No. 11-05, § 1(61-11-323), eff. 5-28-2005; Ord. No. 20-05, § 1(61-11-323), eff. 5-29-2005)

The Buildings, Safety Engineering, and Environmental Department shall not approve a permit application for any work relating to a zoning lot within a Major Corridor Overlay Area unless the Planning and Development Department shall have verified that such work is consistent with the design standards of this subdivision.

(Code 1984, § 61-11-324; Ord. No. 11-05, § 1(61-11-324), eff. 5-28-2005; Ord. No. 20-05, § 1(61-11-324), eff. 5-29-2005)

The Buildings, Safety Engineering, and Environmental Department shall forward to the Planning and Development Department all permit applications related to a designated Major Corridor Overlay Area, except those permit applications for demolition or interior alterations or other such permit applications which, in the concurrence of both departments, would have no bearing on the exterior appearance of the building.

(Code 1984, § 61-11-325; Ord. No. 20-05, § 1(61-11-325), eff. 5-29-2005)

Notwithstanding any other provision of this Code, adult uses/sexually-oriented businesses are prohibited in Major Corridor Overlay Areas.

(Code 1984, § 61-11-326; Ord. No. 01-10, § 1(61-11-326), eff. 4-1-2010)

The Grand Boulevard Overlay Area includes all zoning lots abutting or bounded by East Grand Boulevard, the Detroit River, and West Grand Boulevard.

(Code 1984, § 61-11-331; Ord. No. 11-05, § 1(61-11-331), eff. 5-28-2005)

(a)

Lofts, as defined in Section 50-16-284 of this Code, shall be subject to review by the Loft Review Committee on land zoned B6, M1, M2, M3, and M4.

(b)

For the area of West Grand Boulevard between the John C. Lodge Freeway (M-10) and Grand River Avenue, parking, driveways, or loading areas shall not be located between new primary buildings and West Grand Boulevard. Parking, driveways, or loading areas shall be located to the side or the rear of the building.

(Code 1984, § 61-11-332; Ord. No. 11-05, § 1(61-11-332), eff. 5-28-2005; Ord. No. 23-13, § 1(61-11-332), eff. 8-28-2013; Ord. No. 37-17, § 1(61-11-332), eff. 2-6-2018; Ord. No. 2020-12, § 1, eff. 12-9-2020)

The following areas are designated as Downtown and Riverfront Overlay Areas:

(1)

Downtown. All zoning lots within the Central Business District as defined in Section 50-16-151 of this Code.

(2)

Riverfront. All zoning lots outside of the Central Business District bound by the zoning lots abutting West Jefferson Avenue/East Jefferson Avenue on the north, the center line of East Grand Boulevard on the east, the Detroit River on the south, and the center line of West Grand Boulevard, extended to the River, on the west.

(Code 1984, § 61-11-342; Ord. No. 20-05, § 1(61-11-342), eff. 5-29-2005)

The Planning and Development Department shall develop design standards and guidelines for Downtown and Riverfront Overlay Areas. The design standards and guidelines shall address the following elements and, where applicable, be employed in addition to site plan review as provided for in Article III, Division 5, of this chapter, Use Regulations, as provided for in Article XII of this chapter, Intensity and Dimensional Standards, as provided for in Article XIII of this chapter, and General Development Standards as provided for in Article XIV of this chapter:

(1)

Context;

(2)

Site layout;

(3)

Building design;

(4)

Landscaping;

(5)

Streetscape;

(6)

Signage and other communication elements;

(7)

Parking; and

(8)

Open space and public amenities.

(Code 1984, § 61-11-343; Ord. No. 20-05, § 1(61-11-343), eff. 5-29-2005)

The Buildings, Safety Engineering, and Environmental Department shall not approve a permit application for any work relating to a zoning lot within a Downtown or Riverfront Overlay Area unless the Planning and Development Department shall have verified that such work is consistent with the design standards of this subdivision.

(Code 1984, § 61-11-344; Ord. No. 20-05, § 1(61-11-344), eff. 5-29-2005)

The Buildings, Safety Engineering, and Environmental Department shall forward to the Planning and Development Department all permit applications related to a designated Downtown and Riverfront Overlay Area, except those permit applications for demolition or interior alterations or other such permit applications which, in the concurrence of both departments, would have no bearing on the exterior appearance of the building.

(Code 1984, § 61-11-345; Ord. No. 20-05, § 1(61-11-345), eff. 5-29-2005; Ord. No. 34-05, § 1(61-11-345), eff. 12-6-2005)

The Development Improvement Area is a special area that is established to permit property owners in business or other areas to request City assistance in upgrading the external physical appearance of their area. The provisions allow for the employment of a design consultant to prepare a development-improvement plan, including such items as planting boxes or other "street furniture, lighting and lighting fixtures, building materials, finishes and colors, including building facade modernizations, improvements in parking and traffic facilities, all aspects of signs, an overall color scheme, an improved pedestrian circulation scheme, or any other visual or functional appurtenances for the district. Provision is also made for the establishment of a special assessment district to defray all or part of the costs of such improvement projects consistent with Article 8, Chapter 6, of the Charter.

(Code 1984, § 61-11-361; Ord. No. 11-05, § 1(61-11-361), eff. 5-28-2005; Ord. No. 13-11, § 1(61-11-361), eff. 8-23-2011; Ord. No. 38-14, § 1(61-11-361), eff. 10-16-2014; Ord. No. 2020-12, § 1, eff. 12-9-2020)

A Development Improvement Area, that is to be financed by special assessment according to the probable benefits to be derived therefrom, may be initiated upon petition to the City Council by the owners of at least 51 percent of the land frontage along which such business or other establishments are operating in any area comprised of at least one block frontage on both sides of the street, or other appropriate area which may be approved by the Planning and Development Department and the City Council.

(Code 1984, § 61-11-362; Ord. No. 11-05, § 1(61-11-362), eff. 5-28-2005)

A petition shall be filed with the City Clerk who shall refer the petition to the Planning and Development Department for investigation and report to the City Council. The Planning and Development Department shall investigate the practicality and feasibility of such a project for the area proposed and submit an appropriate recommendation to the City Council.

(Code 1984, § 61-11-363; Ord. No. 11-05, § 1(61-11-363), eff. 5-28-2005)

Where the City Council deems it advisable to establish such a Development Improvement Area, the Body shall fix, by resolution, a time and place where a public hearing will be held. The City Council shall cause a notice of such hearing to be published, at least twice, in a daily paper of general circulation at least ten days prior to the time fixed for such hearing. Such notice shall state the nature of the proposal and that it is proposed to levy an assessment upon land or lands within the area described in the petition. At least ten days prior to such hearing, the City Clerk shall notify property owners within the area, of said hearing by first class mail sent to the address appearing on the most recent tax rolls of the City. At the public hearing, or at any adjournment thereof, the City Council may approve, by resolution, the establishment of a Development Improvement Area as beneficial to the area and to the businesses or other establishments therein.

(Code 1984, § 61-11-364; Ord. No. 11-05, § 1(61-11-364), eff. 5-28-2005)

Subsequent to the designation of such a Development Improvement Area, the City shall:

(1)

Direct the Planning and Development Department, in cooperation with petitioners, to select and recommend to the City Council the appointment of a specific architect or other professional designer to serve as consultant for the improvement of the area, and report the probable cost of the consultant's services. In addition, the Planning and Development Department shall recommend after consultation with the Board of Assessors, what portion of this cost should be paid by a special assessment district, and what portion should be paid by the City; and

(2)

Direct the Board of Assessors to prepare a tentative special assessment district to defray the cost of the consultant's services.

(Code 1984, § 61-11-365; Ord. No. 11-05, § 1(61-11-365), eff. 5-28-2005)

Upon appointment of a designer and approval of such designer's fees by the City Council, the Body shall direct the Board of Assessors to prepare a special assessment roll and transmit this roll to the City Council which may confirm and direct the same to the City Treasurer who shall proceed to collect this assessment. Where this assessment is not paid within 60 days after receipt of the special assessment roll, then the City Treasurer shall report this fact to the City Council, which may then order the Development Improvement Area cancelled and the assessments refunded.

(Code 1984, § 61-11-366; Ord. No. 11-05, § 1(61-11-366), eff. 5-28-2005)

When all assessments have been collected, the City Council shall notify the appointed designer to proceed with the preparation of the improvement plan and cost estimate, and to submit the same to the Planning and Development Department which shall investigate, in conjunction with petitioners, the practicality and feasibility of the proposed improvements and report to the City Council its recommendation regarding the acceptability of the project and what portion of the cost thereof, if any, should be paid by the City. Where the City Council approves the plans and cost estimate, the Body shall forward them to the Board of Assessors and request that the office prepare a benefited district and a tentative special assessment roll to pay for the proposed improvements. The Board of Assessors shall submit its report to the City Council which may approve and forward it to the Planning and Development Department for further processing.

(Code 1984, § 61-11-367; Ord. No. 11-05, § 1(61-11-367), eff. 5-28-2005)

The Planning and Development Department shall then meet, again, with petitioners to review the tentative special assessment roll and the entire improvement program. Where a majority of the petitioners approve the plans and wish to proceed with the improvements, a petition stating that fact and signed by property owners within the assessment district, who represent at least 51 percent of the proposed assessment, shall be filed with the City Council, and no improvements shall proceed without such petition.

(Code 1984, § 61-11-368; Ord. No. 11-05, § 1(61-11-368), eff. 5-28-2005)

Where such a petition is received, the City Council shall fix a time and place for a public hearing at which any person may express such person's views regarding the proposed improvement or assessment. At least ten days prior to the public hearing, the City Council shall cause a notice of such hearing to be published, at least twice, in a daily paper of general circulation, and said notice shall state the nature of the improvement and that it is proposed to levy an assessment upon the land in the assessment district. At least ten days prior to such hearing, the City Clerk shall notify the property owners within the assessment district of said hearing by first class mail sent the address appearing on the most recent tax rolls of the City.

(Code 1984, § 61-11-369; Ord. No. 11-05, § 1(61-11-369), eff. 5-28-2005)

At the public hearing, or at any adjournments thereof, the City Council may either rescind its previous action which established the Development Improvement Area, or confirm or adjust the Development Improvement Area and the tentative special assessment roll, by resolution. Where the Development Improvement Area and assessment roll are confirmed, the City Council shall:

(1)

Transmit the assessment roll to the City Treasurer who shall proceed to collect in advance ten percent or more of the assessable cost of the proposed improvements, provided, that the City Treasurer shall not accept from any person more than the total amount shown on the assessment roll against the property actually owned by such person. Where ten percent is not paid within 60 days after receipt of the assessment roll, the City Treasurer shall report the deficiency to the City Council. The City Council may then order the improvement cancelled and the deposits refunded. Where ten percent or more of the assessable cost is collected by the City Treasurer within 60 days after receipt of the assessment roll, the City Treasurer shall notify City Council of the same; and

(2)

Transmit a copy of the proposed improvement plan to the Buildings, Safety Engineering, and Environmental Department and to any other affected department, board, or commission, which shall not issue or approve:

a.

Any permits for external construction, of any type, within such Development Improvement Area unless the proposed construction is in conformance with the plans and specifications as adopted by the City Council;

b.

Any specification as adopted by the City Council; or

c.

Any City department engage in works or activities which are not in accordance with such plans and specifications.

(Code 1984, § 61-11-370; Ord. No. 11-05, § 1(61-11-370), eff. 5-28-2005)

The City Council may then order, by resolution, the improvements made through the appropriate City departments and agencies. Where the improvement is so ordered, the City Council shall appropriate sufficient funds to defray the City's portion of the improvement, and the assessable cost of the improvement shall be paid by the City Treasurer out of funds collected in advance through the tentative special assessment roll mentioned in Section 50-11-466 of this Code. If any, the balance shall be paid from a revolving fund to be created by the City Council.

(Code 1984, § 61-11-371; Ord. No. 11-05, § 1(61-11-371), eff. 5-28-2005)

Upon completion and acceptance of the improvements by the City Council, the appropriate City department shall certify the cost of said improvement to the Board of Assessors which shall then prepare a regular special assessment roll for said improvement as provided for in Article 8, Chapter 6, of the Charter. The completed regular special assessment roll shall be confirmed by the City Council and transmitted to the City Treasurer for collection in one or more but not to exceed ten annual installments.

(Code 1984, § 61-11-372; Ord. No. 11-05, § 1(61-11-372), eff. 5-28-2005; Ord. No. 38-14, § 1(61-11-372), eff. 10-16-2014)

Upon receipt of the regular special assessment roll, the City Treasurer shall apply all monies collected upon the tentative special assessment roll to the regular special assessment roll and shall proceed with the collection of the assessments as provided for in Article 8, Chapter 6, of the Charter.

(Code 1984, § 61-11-373; Ord. No. 11-05, § 1(61-11-373), eff. 5-28-2005; Ord. No. 38-14, § 1(61-11-373), eff. 10-16-2014)

In the event any person has paid more than such person's share of the total cost of the improvement as provided for in the regular special assessment roll, the City Treasurer shall certify such overpayment to the City Council which shall direct a refund of such overpayment.

(Code 1984, § 61-11-374; Ord. No. 11-05, § 1(61-11-374), eff. 5-28-2005)