Detroit City Zoning Code
ARTICLE XII
USE REGULATIONS
Sec. 50-12-121. - CU (controlled use).
The use is subject to the controlled use standards and procedures set forth in Article III, Division 9, of this chapter.
(Code 1984, § 61-12-81; Ord. No. 11-05, § 1(61-12-81), eff. 5-28-2005)
Sec. 50-12-122. - EGLE (Michigan Department of Environment, Great Lakes, and Energy).
The use may be approved if the Michigan Department of Environment, Great Lakes, and Energy finds that the use complies with all applicable statutes, requirements, regulations, and ordinances. Wherever a license or permit is required by a County, state, or federal agency, then obtaining and maintaining said license or permit shall be deemed a use regulation under this article for that specific use.
(Code 1984, § 61-12-82; Ord. No. 11-05, § 1(61-12-82), eff. 5-28-2005)
Sec. 50-12-123. - GRT (Gateway Radial Thoroughfare).
Uses in the B4 District may be subject to the provisions of the Gateway Radial Thoroughfare Overlay Area as provided for in Article XI, Division 14, Subdivision A, of this chapter.
(Code 1984, § 61-12-83; Ord. No. 11-05, § 1(61-12-83), eff. 5-28-2005)
Sec. 50-12-124. - IRC (Industrial Review Committee).
The use may be approved after a report and recommendation has been received from the Industrial Review Committee concerning the noise, vibration, smoke, odor, noxious gas, dust, dirt, glare, heat or other discharge or emission or other operating characteristics peculiar to the listed use. Wherever a license or permit is required by a County, state, or federal agency, then obtaining and maintaining said license or permit shall be deemed a use regulation under this article for that specific use. See also Article II, Division 6, Subdivision B, of this chapter.
(Code 1984, § 61-12-84; Ord. No. 11-05, § 1(61-12-84), eff. 5-28-2005)
Sec. 50-12-125. - P (petition).
(a)
In some cases, restrictions on the location of the use may require presentation of a valid petition signed by nearby property owners and other parties, as indicated in the following subsections:
(1)
Amusement parks, see Section 50-12-211 of this Code.
(2)
Concert cafés and concert halls, see Section 50-12-317 of this Code.
(3)
Controlled uses, see Section 50-3-442 of this Code.
(4)
Dance halls, public, see Section 50-3-362 and Section 50-12-219 of this Code.
(5)
Firearms target practice ranges, see Section 50-12-224 of this Code.
(6)
Go-cart tracks, see Section 50-12-226 of this Code.
(7)
Golf courses, miniature, see Section 50-12-227 of this Code.
(8)
Motor vehicle filling stations, see Section 50-12-260 of this Code.
(9)
Motorcycle clubs, see Section 50-12-306(5) of this Code; for motorcycle sales, rental, or service establishments, see Section 50-12-297 of this Code.
(10)
Pawnshops, see Section 50-3-362 and Section 50-12-302 of this Code.
(11)
Rebound tumbling centers, see Section 50-12-307 of this Code.
(12)
Recreation facilities, commercial (selected), see Section 50-12-308 of this Code.
(13)
Rental halls or banquet facilities, see Section 50-12-309 of this Code.
(b)
In accordance with Section 2-111 of the Charter, the Director of the Buildings, Safety Engineering, and Environmental Department shall adopt administrative rules, which govern verification of the petition that may be required by this chapter. The rules shall provide, among other things, that the circulator of the petition who is requesting a waiver shall not be less than 18 years of age and shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with such rules, that the circulator personally witnessed the signatures on the petition, and that such signatures were affixed to the petition by the persons whose name appeared thereon.
(c)
Where a petition is required for a use that also requires a public hearing, no hearing shall be scheduled at the Buildings, Safety Engineering, and Environmental Department or at the Board of Zoning Appeals until the petition has been verified by the Buildings, Safety Engineering, and Environmental Department.
(Code 1984, § 61-12-85; Ord. No. 11-05, § 1(61-12-85), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-85), eff. 5-29-2005; Ord. No. 34-05, § 1(61-12-85), eff. 12-6-2005; Ord. No. 24-08, § 1(61-12-85), eff. 11-1-2008; Ord. No. 01-10, § 1(61-12-85), eff. 4-1-2010; Ord. No. 38-14, § 1(61-12-85), eff. 10-16-2014; Ord. No. 18-18, § 1(61-12-85), eff. 8-30-2018)
Sec. 50-12-126. - RU (regulated use).
The use is subject to the regulated use standards and procedures set forth in Article III, Division 8, of this chapter.
(Code 1984, § 61-12-86; Ord. No. 11-05, § 1(61-12-86), eff. 5-28-2005)
Sec. 50-12-127. - SPC (spacing).
(a)
The spacing requirements between certain uses of the same type are intended to prevent the over-concentration of those uses in a limited area and to more equitably disperse them throughout the City. Certain uses are required to be appropriately spaced from other use types as a protection for those other use types.
(b)
It is the City's intent to address the needs of the homeless and to ensure that emergency shelters are dispersed throughout the City so as not to create an over concentration of emergency shelters, adult foster care facilities, substance abuse treatment facilities, and pre-release adjustment centers in any community.
(c)
Uses accompanied by the "SPC" note shall be subject to the spacing requirements set forth in the tables of Section 50-12-129 through Section 50-12-134 of this Code. Except as otherwise expressly stated, all distances listed in the table are to be measured radially outward from the boundaries of the property where a listed use is proposed to be located. (See Figure 50-12-127.) Some specific use types and accessory uses are subject to additional use-specific setback requirements that are measured from a building or specific site feature rather than outward from the subject property boundaries. Those requirements are found in Divisions 3 and 5 of this article.
Figure 50-12-127
(For Informational Purposes Only)
Spacing Measurement
(Code 1984, § 61-12-87; Ord. No. 11-05, § 1(61-12-87), eff. 5-28-2005)
Sec. 50-12-128. - SWFRC (Solid Waste Facility Review Committee).
The use may be approved after a report and recommendation has been received from the Solid Waste Facility Review Committee concerning the impacts, operations, and mitigations pertinent to the listed use. Wherever a license or permit is required by a County, state, or federal agency, then obtaining and maintaining said license or permit shall be deemed a use regulation under this article for that specific use. See Article II, Division 6, Subdivision E, of this chapter.
(Code 1984, § 61-12-88; Ord. No. 11-05, § 1(61-12-88), eff. 5-28-2005)
Sec. 50-12-129. - Residential uses—Spacing.
Spacing regulations regarding residential uses are as follows:
(Code 1984, § 61-12-89; Ord. No. 11-05, § 1(61-12-89), eff. 5-28-2005; Ord. No. 01-10, § 1(61-12-89), eff. 4-1-2010)
Sec. 50-12-130. - Public, civic, and institutional uses—Spacing.
Regulations regarding spacing of public, civic, and institutional uses are as follows:
(Code 1984, § 61-12-90; Ord. No. 11-05, § 1(61-12-90), eff. 5-28-2005; Ord. No. 01-10, § 1(61-12-90), eff. 4-1-2010)
Sec. 50-12-131. - Retail, service, and commercial uses—Spacing.
Regulations regarding spacing of retail, service, and commercial uses are as follows:
(Code 1984, § 61-12-91; Ord. No. 11-05, § 1(61-12-91), eff. 5-28-2005; Ord. No. 24-08, § 1(61-12-91), eff. 11-1-2008; Ord. No. 01-10, § 1(61-12-91), eff. 4-1-2010; Ord. No. 13-11, § 1(61-12-91), eff. 8-23-2011; Ord. No. 26-12, § 1(61-12-91), eff. 11-21-2012; Ord. No. 38-14, § 1(61-12-91), eff. 10-16-2014; Ord. No. 37-17, § 1(61-12-91), eff. 2-6-2018; Ord. No. 18-18, § 1(61-12-91), eff. 8-30-2018; Ord. No. 2023-6, § 1, eff. 3-8-2023; Ord. No. 2023-36, § 1, eff. 3-5-2024)
Sec. 50-12-131.1. - Manufacturing and industrial uses—Spacing.
Regulations regarding spacing of manufacturing and industrial uses are as follows:
(Ord. No. 2023-6, § 1, eff. 3-8-2023; Ord. No. 2023-41, § 1, eff. 12-30-2023)
Sec. 50-12-132. - Other uses—Spacing.
Regulations regarding spacing of other uses are as follows:
(Code 1984, § 61-12-92; Ord. No. 11-05, § 1(61-12-92), eff. 5-28-2005; Ord. No. 01-10, § 1(61-12-92), eff. 4-1-2010; Ord. No. 31-15, § 1(61-12-92), eff. 3-1-2016; Ord. No. 20-18, § 1(61-12-92), eff. 10-14-2018; Ord. No. 2020-12, § 1, eff. 12-9-2020; Ord. No. 2021-9, § 1, eff. 4-3-2021; Ord. No. 2023-29, § 1, eff. 8-10-2023)
Sec. 50-12-133. - Controlled uses—Spacing.
Regulations regarding spacing of controlled uses are as follows:
(Code 1984, § 61-12-93; Ord. No. 11-05, § 1(61-12-93), eff. 5-28-2005; Ord. No. 24-08, § 1(61-12-93), eff. 11-1-2008; Ord. No. 01-10, § 1(61-12-93), eff. 4-1-2010)
Sec. 50-12-134. - Regulated uses—Spacing.
Regulations regarding spacing of regulated uses are as follows:
(Code 1984, § 61-12-94; Ord. No. 11-05, § 1(61-12-94), eff. 5-28-2005; Ord. No. 01-10, § 1(61-12-94), eff. 4-1-2010; Ord. No. 13-11, § 1(61-12-94), eff. 8-23-2011; Ord. No. 38-14, § 1(61-12-94), eff. 10-16-2014; Ord. No. 37-17, § 1(61-12-94), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-135. - Waiver of general spacing requirements.
(a)
Except for Controlled Uses, the Board of Zoning Appeals may modify the spacing requirements between land uses, as provided for in the tables in Section 50-12-129, Section 50-12-130, Section 50-12-131, and Section 50-12-135 of this Code, as a "locational variance" in accordance with the criteria specified in Section 50-4-121 of this Code and where the proposed use satisfies all the following conditions:
(1)
The proposed use will comply with all applicable regulations of this Code;
(2)
The proposed use will not be contrary to the public interest or injurious to nearby properties in the proposed location, and the spirit and intent of the purpose of the spacing regulations will still be observed;
(3)
The proposed use will not aggravate or promote a deleterious effect upon adjacent areas through causing or encouraging blight, and will not discourage investment in adjacent areas or cause a disruption in neighborhood development; and
(4)
The establishment of the use in the area will not be contrary to any program of neighborhood conservation or interfere with any program of urban renewal.
(b)
The spacing and locational requirements for sexually-oriented businesses, as specified in Section 50-3-504 and Section 50-12-132 of this Code, as well as for medical marijuana facilities and adult-use marijuana establishments, as specified in Section 50-12-132 of this Code, may not be waived. If the Buildings, Safety Engineering, and Environmental Department establishes that a use presenting a spacing and locational requirement for any proposed medical marijuana facility or adult-use marijuana establishment has been abandoned or has ceased all operations for at least one year, the Department may disregard such requirement.
(Code 1984, § 61-12-95; Ord. No. 11-05, § 1(61-12-95), eff. 5-28-2005; Ord. No. 01-10, § 1(61-12-95), eff. 4-1-2010; Ord. No. 31-15, § 1(61-12-95), eff. 3-1-2016; Ord. No. 20-18, § 1(61-12-95), eff. 10-14-2018; Ord. No. 2021-9, § 1, eff. 4-3-2021; Ord. No. 2023-29, § 1, eff. 8-10-2023)
Sec. 50-12-136. - Waiver of spacing from schools.
(a)
The prohibition that relates to the location of a use, referenced in the tables in Section 50-12-129 through Section 50-12-134 of this Code, within 500 radial feet of a school site may be waived by:
(1)
The Buildings, Safety Engineering, and Environmental Department, provided, that the proposed use is at least 450 radial feet from the school site; or
(2)
The Board of Zoning Appeals where the proposed use is less than 450 radial feet from the school site.
(b)
The waiver of the prohibition is subject to a finding based on evidence presented at a public hearing that the establishment of the use will not impede the normal and orderly development, operation, and improvement of the school.
(c)
Such waiver shall be documented by a statement of facts upon which such determination was made and shall indicate that such use would not be injurious or harmful to the school.
(d)
The prohibition that relates to the location of designated marijuana consumption establishments, marijuana grower facilities, marijuana microbusinesses, marijuana processor facilities, marijuana retail/provisioning facilities, and marijuana secure transporter facilities within 1,000 feet of a school, among other uses specified in a "drug-free zone," as defined in Section 50-16-172 of this Code and referenced in the table of Section 50-12-132 of this Code, must not be waived by either the Buildings, Safety Engineering, and Environmental Department, or the Board of Zoning Appeals, as applicable.
(Code 1984, § 61-12-96; Ord. No. 11-05, § 1(61-12-96), eff. 5-28-2005; Ord. No. 31-15, § 1(61-12-96), eff. 3-1-2016; Ord. No. 20-18, § 1(61-12-96), eff. 10-14-2018; Ord. No. 2021-9, § 1, eff. 4-3-2021)
Sec. 50-12-137. - Hazardous substances; precautions and due care responsibilities.
(a)
The applicant shall demonstrate that such applicant has taken adequate precautions to prevent unacceptable exposures, as defined in rules promulgated under Part 201 of the Natural Resources and Environmental Protection Act, titled Environmental Remediation, being MCL 324.20101 through 324.20142, to hazardous substances in the environment, consistent with the proposed use of the property, and that such applicant has exercised due care with respect to preventing hazardous substances from entering the environment.
(b)
In residential uses, hazardous substances as defined in Section 50-16-241 of this Code, may not be used, stored, handled, or managed in quantities that exceed those commonly used for typical residential purposes.
(Code 1984, § 61-12-98; Ord. No. 11-05, § 1(61-12-98), eff. 5-28-2005)
Sec. 50-12-138. - School building adaptive reuse provision.
(a)
Purpose. The purpose of this provision is to provide for the adaptive reuse and preservation of existing school buildings. Any of the 19 uses included in the definition of "school building adaptive reuses," as provided in Section 50-16-381 of this Code, may be permitted on a conditional basis, subject to the provisions of Article III, Division 7, of this chapter, in those residential zoning districts where they are otherwise prohibited. Any of the 19 uses established under the "school building adaptive reuse" provision is subject to all applicable use regulations of Article XII of this chapter, applicable intensity and dimensional standards of Article XIII of this chapter, and applicable general development standards of Article XIV of this chapter for that use.
(b)
Demolition restrictions. In order to promote maximum preservation of existing school buildings and the City's architectural heritage, the demolition of existing buildings under the school building adaptive reuse provision shall be subject to the following:
(1)
School building adaptive reuses shall only be established in buildings originally constructed as schools where at least 75 percent of the gross floor area of all buildings on the school site is retained;
(2)
Notwithstanding Subsection (b)(1) of this section, the following buildings and additions shall not be included in the calculation of the minimum 75 percent of the school site gross floor area that must be retained;
a.
Accessory buildings that have not been identified by the Historic Designation Advisory Board as contributing resources to school buildings that are eligible for the National Register of Historic Places; and
b.
Additions to original principal school structures that do not contribute to the historic character of the property, as determined by the Buildings, Safety Engineering, and Environmental Department, in consultation with the Historic Designation Advisory Board; and
(3)
If a school has been designated as a local historic district according to Chapter 21 of this Code, History, then the evaluation of any request for demolition shall be conducted by the Historic District Commission.
(Code 1984, § 61-12-99; Ord. No. 21-12, § 1(61-12-99), eff. 11-2-2012; Ord. No. 2023-41, § 1, eff. 12-30-2023)
Sec. 50-12-431. - Number of buildings on a zoning lot.
Not more than one principal detached residential building shall be located on a zoning lot in the R1, R2, R3, R4, R5, and R6 Districts. Except that:
(1)
In the case of planned developments, or buildings used for educational or religious purposes, a principal detached residential building shall not be located on the same zoning lot with any other principal building; and
(2)
In the R3, R4, R5, and R6 Districts, more than one principal detached residential building may be permitted on the same zoning lot, subject to Article XIII, Division 3, of this chapter, as an alternative residential development option.
(Code 1984, § 61-12-351; Ord. No. 11-05, § 1(61-12-351), eff. 5-28-2005)
Sec. 50-12-432. - Location of principal buildings.
Except where otherwise provided for in this chapter, every zoning lot upon which a principal building is erected shall face or front upon a street or permanent means of access to a street, other than an alley. Such means of access shall have a width throughout of not less than 30 feet or not less than ten feet for each zoning lot fronting upon it, whichever is greater, except that no width greater than 60 feet shall be required.
(Code 1984, § 61-12-352; Ord. No. 11-05, § 1(61-12-352), eff. 5-28-2005)
Sec. 50-12-433. - Second principal use of the land.
Where an activity on, or use of, the land, in addition to the principal use, fails to meet the definition of an accessory use, as provided in Section 50-16-111 of this Code, it shall be considered a second principal use, subject to all applicable regulations for that use.
(Code 1984, § 61-12-353; Ord. No. 11-05, § 1(61-12-353), eff. 5-28-2005)
Sec. 50-12-434. - Use of vehicles as permanent structures prohibited.
No truck, truck tractor, semitrailer, bus, or recreational vehicle may be permitted as a permanent structure or as an accessory building.
(Code 1984, § 61-12-354; Ord. No. 11-05, § 1(61-12-354), eff. 5-28-2005)
Sec. 50-12-1. - Use tables.
The use tables in this division summarize the principal use regulations of the several zoning districts.
(Code 1984, § 61-12-1; Ord. No. 11-05, § 1(61-12-1), eff. 5-28-2005)
Sec. 50-12-2. - Use categories.
All of the use categories listed in the use tables of this division are described in Article XVI of this chapter. In some cases, "specific use types" are listed in the second column of the table. The use types and categories are mutually exclusive. Where a specific use type is listed in the tables, that use type is allowed only within the districts indicated.
(Code 1984, § 61-12-2; Ord. No. 11-05, § 1(61-12-2), eff. 5-28-2005)
Sec. 50-12-3. - Conditional uses.
A "C" in a use table indicates that a use category or specific land use is allowed only where reviewed and approved in accordance with the conditional use permit procedures of Article III, Division 7, of this chapter.
(Code 1984, § 61-12-3; Ord. No. 11-05, § 1(61-12-3), eff. 5-28-2005)
Sec. 50-12-4. - Uses permitted by right.
An "R" in a use table indicates that a use category or specific land use is allowed as a matter-of-right in the respective zoning district, and is subject to compliance with all other applicable regulations of this chapter.
(Code 1984, § 61-12-4; Ord. No. 11-05, § 1(61-12-4), eff. 5-28-2005)
Sec. 50-12-5. - Uses not allowed.
A blank cell in a use table indicates that a use type is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations in this chapter.
(Code 1984, § 61-12-5; Ord. No. 11-05, § 1(61-12-5), eff. 5-28-2005)
Sec. 50-12-6. - Uses subject to general and specific regulations.
Letters or numbers in the final column of the use table indicate that the listed use is subject to use-specific regulations in one or more of the districts where the use is allowed. The letters or numbers listed provide a cross reference to the use-specific regulations, which can generally be found in Divisions 2 and 3 of this article.
(Code 1984, § 61-12-6; Ord. No. 11-05, § 1(61-12-6), eff. 5-28-2005)
Sec. 50-12-7. - New or unlisted uses.
Where an application is submitted for a land use that is not listed as a use permitted by right or as a conditional use in one or more zoning districts, the Buildings, Safety Engineering, and Environmental Department shall be authorized to make a "similar use interpretation" based on the use category descriptions of Article XVI of this chapter. A "similar use interpretation" shall determine:
(1)
Which use category covers the proposed use; and
(2)
Within that use category, what specific land use category, which may include "all other," applies to the proposed use.
At the request of the applicant, or where the Buildings, Safety Engineering, and Environmental Department official who makes the "similar use interpretation" concludes that the proposed use does not fit any of the use category descriptions of Article XVI of this chapter, no "similar use interpretation" shall be made, and the proposed use type shall be classified as a use permitted conditionally in the M4 and M5 Districts, as provided for in Section 50-10-109 and Section 50-10-139 of this Code. In several of the use categories, the phrase "all other" is found following the list of specific land uses.
(Code 1984, § 61-12-7; Ord. No. 11-05, § 1(61-12-7), eff. 5-28-2005)
Sec. 50-12-8. - Licenses and permits of other agencies.
Wherever a license or permit is required by a County, state, or federal agency, then obtaining and maintaining said license or permit shall be deemed a use regulation under this article for that specific use, whether or not said license or permit is recited in the applicable provisions of Division 2 or 3 of this article.
(Code 1984, § 61-12-8; Ord. No. 11-05, § 1(61-12-8), eff. 5-28-2005)
Sec. 50-12-21. - Group living.
Regulations regarding group living uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-11; Ord. No. 11-05, § 1(61-12-11), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-11), eff. 5-29-2005; Ord. No. 23-14, § 1(61-12-11), eff. 7-24-2014; Ord. No. 38-14, § 1(61-12-11), eff. 10-16-2014; Ord. No. 15-17, § 1(61-12-11), eff. 6-10-2017; Ord. No. 37-17, § 1(61-12-11), eff. 2-6-2018; Ord. No. 2022-5, § 1, eff. 3-23-2022)
Sec. 50-12-22. - Household living.
Regulations regarding household living uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-12; Ord. No. 11-05, § 1(61-12-12), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-12), eff. 5-29-2005; Ord. No. 13-11, § 1(61-12-12), eff. 8-23-2011; Ord. No. 23-14, § 1(61-12-12), eff. 7-24-2014; Ord. No. 13-16, § 1(61-12-12), eff. 5-20-2016; Ord. No. 15-17, § 1(61-12-12), eff. 6-10-2017; Ord. No. 2020-21, § 1, eff. 8-8-2020; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-23. - Institutional living.
Regulations regarding institutional living uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-13; Ord. No. 11-05, § 1(61-12-13), eff. 5-28-2005; Ord. No. 15-17, § 1(61-12-13), eff. 6-10-2017)
Sec. 50-12-24. - Other residential uses.
Regulations regarding other residential uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-14; Ord. No. 21-12, § 1(61-12-14), eff. 11-2-2012)
Sec. 50-12-41. - Auditorium or stadium.
Regulations regarding auditorium or stadium uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-21; Ord. No. 11-05, § 1(61-12-21), eff. 5-28-2005; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-42. - Community service.
Regulations regarding community service uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-22; Ord. No. 11-05, § 1(61-12-22), eff. 5-28-2005; Ord. No. 23-14, § 1(61-12-22), eff. 7-24-2014; Ord. No. 15-17, § 1(61-12-22), eff. 6-10-2017; Ord. No. 20-19, § 1(61-12-22), eff. 8-7-2019; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-43. - Day care.
Regulations regarding day care uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-23; Ord. No. 11-05, § 1(61-12-23), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-23), eff. 5-29-2005; Ord. No. 15-17, § 1(61-12-23), eff. 6-10-2017; Ord. No. 37-17, § 1(61-12-23), eff. 2-6-2018; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-44. - Hospital.
Regulations regarding hospital uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-24; Ord. No. 11-05, § 1(61-12-24), eff. 5-28-2005; Ord. No. 23-14, § 1(61-12-24), eff. 7-24-2014)
Sec. 50-12-45. - Library.
Regulations regarding library uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-25; Ord. No. 11-05, § 1(61-12-25), eff. 5-28-2005; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-46. - Museum.
Regulations regarding museum uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-26; Ord. No. 11-05, § 1(61-12-26), eff. 5-28-2005; Ord. No. 37-17, § 1(61-12-26), eff. 2-6-2018; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-47. - Park and open space.
Regulations regarding park and open space uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-27; Ord. No. 11-05, § 1(61-12-27), eff. 5-28-2005; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-48. - Religious institution.
Regulations regarding religious institution uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-28; Ord. No. 11-05, § 1(61-12-28), eff. 5-28-2005; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-49. - Schools.
Regulations regarding school uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-29; Ord. No. 11-05, § 1(61-12-29), eff. 5-28-2005; Ord. No. 13-11, § 1(61-12-29), eff. 8-23-2011; Ord. No. 21-12, § 1(61-12-29), eff. 11-2-2012; Ord. No. 37-17, § 1(61-12-29), eff. 2-6-2018; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-50. - Utility, basic.
Regulations regarding basic utility uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-30; Ord. No. 11-05, § 1(61-12-30), eff. 5-28-2005; Ord. No. 23-14, § 1(61-12-30), eff. 7-24-2014; Ord. No. 13-16, § 1(61-12-30), eff. 5-20-2016; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-51. - Utility, major.
Regulations regarding major utility uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-31; Ord. No. 11-05, § 1(61-12-31), eff. 5-28-2005; Ord. No. 13-11, § 1(61-12-31), eff. 8-23-2011; Ord. No. 23-14, § 1(61-12-31), eff. 7-24-2014)
Sec. 50-12-52. - Other public, civic, and institutional uses.
Regulations regarding other public, civic, and institutional uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-32; Ord. No. 21-12, § 1(61-12-32), eff. 11-2-2012)
Sec. 50-12-61. - Assembly.
Regulations regarding assembly uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-42; Ord. No. 11-05, § 1(61-12-42), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-42), eff. 5-29-2005; Ord. No. 13-11, § 1(61-12-42), eff. 8-23-2011; Ord. No. 38-14, § 1(61-12-42), eff. 10-16-2014; Ord. No. 18-18, § 1(61-12-42), eff. 8-30-2018; Ord. No. 20-19, § 1(61-12-42), eff. 8-7-2019; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-62. - Food and beverage service.
Regulations regarding food and beverage service uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-43; Ord. No. 11-05, § 1(61-12-43), eff. 5-28-2005; Ord. No. 13-11, § 1(61-12-43), eff. 8-23-2011; Ord. No. 23-14, § 1(61-12-43), eff. 7-24-2014; Ord. No. 13-15, § 1(61-12-43), eff. 7-11-2015; Ord. No. 37-17, § 1(61-12-43), eff. 2-6-2018; Ord. No. 18-18, § 1(61-12-43), eff. 8-30-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-63. - Office.
Regulations regarding office uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-44; Ord. No. 11-05, § 1(61-12-44), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-44), eff. 12-6-2005; Ord. No. 13-11, § 1(61-12-44), eff. 8-23-2011; Ord. No. 23-14, § 1(61-12-44), eff. 7-24-2014; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-64. - Parking, commercial.
Regulations regarding commercial parking uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-45; Ord. No. 11-05, § 1(61-12-45), eff. 5-28-2005; Ord. No. 23-14, § 1(61-12-45), eff. 7-24-2014; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-65. - Public accommodation.
Regulations regarding public accommodation uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-46; Ord. No. 11-05, § 1(61-12-46), eff. 5-28-2005; Ord. No. 13-11, § 1(61-12-46), eff. 8-23-2011; Ord. No. 23-14, § 1(61-12-46), eff. 7-24-2014; Ord. No. 38-14, § 1(61-12-46), eff. 10-16-2014; Ord. No. 37-17, § 1(61-12-46), eff. 2-6-2018; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-66. - Recreation/entertainment, indoor.
Regulations regarding indoor recreation and entertainment uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-47; Ord. No. 11-05, § 1(61-12-47), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-47), eff. 5-29-2005; Ord. No. 23-14, § 1(61-12-47), eff. 7-24-2014; Ord. No. 13-15, § 1(61-12-47), eff. 7-11-2015; Ord. No. 2020-21, § 1, eff. 8-8-2020; Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-36, § 1, eff. 3-5-2024)
Sec. 50-12-67. - Recreation/entertainment, outdoor.
Regulations regarding outdoor recreation and entertainment uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-48; Ord. No. 11-05, § 1(61-12-48), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-48), eff. 5-29-2005)
Sec. 50-12-68. - Retail sales and service, occupant-oriented.
Regulations regarding occupant-oriented retail sales and service uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-49; Ord. No. 11-05, § 1(61-12-49), eff. 5-28-2005; Ord. No. 23-14, § 1(61-12-49), eff. 7-24-2014; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-69. - Retail sales and service, sales-oriented.
Regulations regarding sales-oriented retail sales and service uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-50; Ord. No. 11-05, § 1(61-12-50), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-50), eff. 5-29-2005; Ord. No. 10-13, § 1(61-12-50), eff. 4-16-2013; Ord. No. 23-14, § 1(61-12-50), eff. 7-24-2014; Ord. No. 38-14, § 1(61-12-50), eff. 10-16-2014; Ord. No. 37-17, § 1(61-12-50), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020; 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)
Sec. 50-12-70. - Retail sales and service, service-oriented.
Regulations regarding service-oriented retail sales and service uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-51; Ord. No. 11-05, § 1(61-12-51), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-51), eff. 12-6-2005; Ord. No. 44-06, § 1(61-12-51), eff. 12-21-2006; Ord. No. 21-12, § 1(61-12-51), eff. 11-2-2012; Ord. No. 23-14, § 1(61-12-51), eff. 7-24-2014; Ord. No. 38-14, § 1(61-12-51), eff. 10-16-2014; Ord. No. 15-17, § 1(61-12-51), eff. 6-10-2017; Ord. No. 37-17, § 1(61-12-51), eff. 2-6-2018; Ord. No. 18-18, § 1(61-12-51), eff. 8-30-2018; Ord. No. 05-19, § 1(61-12-51), eff. 6-8-2019; Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-41, § 1, eff. 12-30-2023)
Sec. 50-12-71. - Vehicle sales, repair, and service.
Regulations regarding vehicle repair and service uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-52; Ord. No. 11-05, § 1(61-12-52), eff. 5-28-2005; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-72. - Other retail, service, and commercial uses.
Regulations regarding other retail, service, and commercial uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-53; Ord. No. 21-12, § 1(61-12-53), eff. 11-2-2012; Ord. No. 15-17, § 1(61-12-53), eff. 6-10-2017)
Sec. 50-12-81. - Industrial service.
Regulations regarding industrial service uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-61; Ord. No. 11-05, § 1(61-12-61), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-61), eff. 5-29-2005; Ord. No. 34-05, § 1(61-12-61), eff. 12-6-2005; Ord. No. 04-12, § 1(61-12-61), eff. 3-30-2012; Ord. No. 10-13, § 1(61-12-61), eff. 4-16-2013; Ord. No. 23-14, § 1(61-12-61), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-61), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020; Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-6, § 1, eff. 3-8-2023; Ord. No. 2023-41, § 1, eff. 12-30-2023)
Sec. 50-12-82. - Manufacturing and production.
Regulations regarding manufacturing and production uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-62; Ord. No. 11-05, § 1(61-12-62), eff. 5-28-2005; Ord. No. 23-14, § 1(61-12-62), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-62), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020; Ord. No. 2022-12, § 1, eff. 5-31-2022; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-83. - Warehouse and freight movement.
Regulations regarding warehouse and freight movement uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-63; Ord. No. 11-05, § 1(61-12-63), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-63), eff. 5-29-2005; Ord. No. 13-15, § 1(61-12-63), eff. 7-11-2015; Ord. No. 37-17, § 1(61-12-63), eff. 2-6-2018; Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-84. - Waste-related use.
Regulations regarding waste-related uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-64; Ord. No. 11-05, § 1(61-12-64), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-64), eff. 5-29-2005; Ord. No. 13-11, § 1(61-12-64), eff. 8-23-2011; Ord. No. 37-17, § 1(61-12-64), eff. 2-6-2018; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-101. - Aviation and surface transportation facilities.
Regulations regarding aviation and surface transportation facilities uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-71; Ord. No. 11-05, § 1(61-12-71), eff. 5-28-2005; Ord. No. 23-14, § 1(61-12-71), eff. 7-24-2014)
Sec. 50-12-102. - Public center open uses.
Regulations regarding public center open uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-72; Ord. No. 11-05, § 1(61-12-72), eff. 5-28-2005)
Sec. 50-12-103. - Railroad facilities.
Regulations regarding railroad facility uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-73; Ord. No. 11-05, § 1(61-12-73), eff. 5-28-2005; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-104. - Reserved.
Editor's note— Ord. No. 2020-12, § 1, effective December 9, 2020, repealed Sec. 50-12-104, Signs. Former Sec. 50-12-104 pertained to signs and derived from Sec. 61-12-74 of the 1984 Detroit City Code, being Ord. No. 11-05, § 1(61-12-74), effective May 28, 2005.
Sec. 50-12-105. - Telecommunications facilities.
Regulations regarding telecommunications facilities uses are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-75; Ord. No. 11-05, § 1(61-12-75), eff. 5-28-2005; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-106. - Water-related facilities.
Regulations regarding water-related facilities are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-76; Ord. No. 11-05, § 1(61-12-76), eff. 5-28-2005; Ord. No. 15-17, § 1(61-12-76), eff. 6-10-2017)
Sec. 50-12-107. - Other uses neither prohibited by federal law or state law, or by the 2019 Detroit City Code, nor specifically mentioned elsewhere in this chapter.
Regulations regarding all other uses not prohibited by law or other ordinances and not specifically mentioned elsewhere in this chapter are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-77; Ord. No. 11-05, § 1(61-12-77), eff. 5-28-2005)
Sec. 50-12-108. - Adult uses/sexually-oriented businesses.
Regulations regarding adult uses and sexually-oriented businesses are as follows:
C = Conditional Use / R = By-Right Use / L = Subject to approval by the Legislative Body / Blank Cell = Not Allowed / Final Column Abbreviations: CU = Subject to "Controlled use" standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-78; Ord. No. 01-10, § 1(61-12-78), eff. 4-1-2010)
Sec. 50-12-109. - Agricultural uses.
Regulations regarding agricultural uses are as follows:
C = Conditional Use / R = By-Right Use / L = Subject to approval by the Legislative Body / Blank Cell = Not Allowed
(Code 1984, § 61-12-79; Ord. No. 10-13, § 1(61-12-79), eff. 4-16-2013; Ord. No. 23-14, § 1(61-12-79), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-79), eff. 2-6-2018; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-110. - Medical marijuana facilities and adult-use marijuana establishments.
Regulations regarding medical marijuana facilities and adult-use marijuana establishments are as follows:
CU = Subject to "Controlled Use" Standards / GRT = Use prohibited in B4 on Gateway Radial Thoroughfare / IRC = Subject to Industrial Review Committee / P = Requires petition signed by nearby property owners / RU = Subject to "Regulated Use" Standards / SPC = Subject to Spacing Standards (See Section 50-12-127 of this Code for explanation of these and others) / SWFRC = Solid Waste Facility Review Committee.
(Code 1984, § 61-12-80; Ord. No. 31-15, § 1(61-12-80), eff. 3-1-2016; Ord. No. 20-18, § 1(61-12-80), eff. 10-14-2018; Ord. No. 2021-9, § 1, eff. 4-3-2021)
Sec. 50-12-151. - Adult foster care facility.
Adult foster care facilities shall be subject to the following requirements:
(1)
Prior to the issuance of any permit to operate the home or facility, and no later than December 31 of each subsequent year, the applicant or operator shall submit to the Buildings, Safety Engineering, and Environmental Department a photocopy of a valid and current license issued by this state. Proof of such licensing shall be required prior to the opening, and as a condition for the continued operation, of any adult foster care facility;
(2)
Safe areas for pick-up and discharge of users shall be provided that do not interfere with the free flow of traffic on adjacent streets; and
(3)
In the R1 and R2 Districts, state-licensed residential facilities for six or fewer persons, as provided for in Section 206 of the Michigan Zoning Enabling Act, being MCL 125.3206, are governed by the provisions of the Act.
(Code 1984, § 61-12-111; Ord. No. 11-05, § 1(61-12-111), eff. 5-28-2005; Ord. No. 44-06, § 1(61-12-111), eff. 12-21-2006)
Sec. 50-12-152. - Assisted living facility.
Assisted living facilities shall provide safe areas for pick-up and discharge of users that do not interfere with the free flow of traffic on adjacent streets.
(Code 1984, § 61-12-112; Ord. No. 11-05, § 1(61-12-112), eff. 5-28-2005)
Sec. 50-12-153. - Boarding school.
Boarding schools shall provide and maintain an outdoor play area suitable for play activity and containing a minimum of 2,000 square feet. The outdoor play area shall be located on the same zoning lot as the boarding school, or immediately contiguous to it, and shall be enclosed by a protective wall or fence.
(Code 1984, § 61-12-113; Ord. No. 11-05, § 1(61-12-113), eff. 5-28-2005)
Sec. 50-12-154. - Child caring institution.
Child caring institutions shall be subject to the following:
(1)
Proof of licensing by the Michigan Department of Licensing and Regulatory Affairs shall be required prior to the operation of any child caring institution. In addition, there shall be provided and maintained an outdoor play area suitable for play activity and containing a minimum of 2,000 square feet. The outdoor play area shall be immediately contiguous to the facility it is intended to serve and shall be enclosed by a protective wall or fence;
(2)
In the R1 and R2 Districts, state-licensed residential facilities for six or fewer persons, as provided for in Section 206 of the Michigan Zoning Enabling Act, being MCL 125.3206, are governed by the provisions of the Act.
(Code 1984, § 61-12-114; Ord. No. 11-05, § 1(61-12-114), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-114), eff. 12-6-2005; Ord. No. 44-06, § 1(61-12-114), eff. 12-21-2006)
Sec. 50-12-155. - Convalescent, nursing, or rest home.
(a)
In convalescent, nursing or rest homes, adequate provisions shall be made for access by emergency medical and fire vehicles.
(b)
Notwithstanding the provisions of Section 50-11-245(1) and Section 50-11-275(1) of this Code, in the SD1 and SD2 Districts, the convalescent, nursing, or rest home shall be multi-story and shall be built to the front lot line.
(Code 1984, § 61-12-115; Ord. No. 11-05, § 1(61-12-115), eff. 5-28-2005; Ord. No. 15-17, § 1(61-12-115), eff. 6-10-2017; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-156. - Emergency shelter.
The only conditional use general approval criteria that shall apply to emergency shelters are contained in Section 50-3-281(6) and Section 50-3-281(9) of this Code as well as the following provisions:
(1)
Capacity limitations. The maximum capacity of an emergency shelter shall be established by the Buildings, Safety Engineering, and Environmental Department in accordance with the terms of the Life Safety Code, but in no case shall that capacity exceed 50 persons, including children, in the R4, R5, and B4 Districts.
(2)
Other standards:
a.
The emergency shelter will in other respects conform to the applicable regulations of the district where it is located;
b.
Where the emergency shelter is proposed within or in the immediate vicinity of an area which has a written, approved, and disseminated plan for area development, the establishment of the emergency shelter will not impede the normal and orderly development and improvement of surrounding property for uses permitted in that area.
(3)
Conditions. The Buildings, Safety Engineering, and Environmental Department may impose reasonable conditions designed to protect natural resources, and the health, safety and welfare, as well as the social and economic well-being, of those who will use the emergency shelter, and the residents and landowners immediately adjacent or across an alley, and the community as a whole;
(4)
Gateway Radial Thoroughfares. In the B4 District, emergency shelters are not permitted along designated Gateway Radial Thoroughfares.
(Code 1984, § 61-12-116; Ord. No. 11-05, § 1(61-12-116), eff. 5-28-2005)
Sec. 50-12-157. - Family, functional.
(a)
Those land uses from the household living use category as defined in Section 50-16-243 of this Code, may be occupied either by a family or by a functional family as defined in Section 50-16-201 of this Code.
(b)
A group of not more than six individuals may assert a claim of functional family status to the City based on a common bond identified and protected by the Fair Housing Act, being 42 USC 3601 et seq., the Americans with Disabilities Act, being 42 USC 12101 et seq., or the Religious Land Uses and Institutionalized Persons Act, being 42 USC 2000cc et seq.
(c)
The Buildings, Safety Engineering, and Environmental Department shall review any such claim pursuant to criteria developed in consultation with the Law Department, the City Planning Commission, and the Human Rights Department. No group shall occupy a dwelling as a functional family unless and until the Buildings, Safety Engineering, and Environmental Department has recognized, in writing, the claim as valid. To maintain its eligibility to functional family status, the group, which has obtained such recognition from the Buildings, Safety Engineering, and Environmental Department, shall abide by the criteria in this section. In the R1, R2, and R3 Districts, occupancy of those land uses included in the "household living" use category by a functional family shall be characterized by the following:
(1)
The functional family consists of not more than six individuals;
(2)
A demonstrable and recognizable bond, not of a commercial nature, characterizes the relationship among the members of the functional family;
(3)
The members share a single household budget;
(4)
The members prepare food and eat together on a regular basis;
(5)
The members share in the work of maintaining the premises;
(6)
The members legally share in the ownership or possession of the premises, such as being tenants in common on a deed or co-signers of a single lease; and
(7)
The members are not legally dependent on others living elsewhere.
(Code 1984, § 61-12-117; Ord. No. 11-05, § 1(61-12-117), eff. 5-28-2005)
Sec. 50-12-158. - Home for aged.
Homes for the aged shall be subject to the following provisions:
(1)
Prior to the issuance of any permit to operate the home and no later than December 31st of each subsequent year, the applicant or operator shall submit to the Buildings, Safety Engineering, and Environmental Department a photocopy of a valid and current license issued by this state. Proof of such licensing shall be required prior to the opening, and as a condition for the continued operation, of any home for the aged; and
(2)
Safe areas for pick-up and discharge of users shall be provided that do not interfere with the free flow of traffic on adjacent streets.
Sec. 50-12-159. - Lofts; residential uses combined in structures with permitted commercial or industrial uses.
In order to encourage the preservation and reuse of existing commercial and industrial structures, and to encourage live-work situations, loft conversions and mixed-use commercial-residential or industrial-residential uses are permitted in many zoning districts, even in certain districts where new residential construction is prohibited, subject to the following:
(1)
Loft conversions are prohibited in the R1 and R2 Districts except where developed under the "school building adaptive reuses" provision as defined in Section 50-16-381 of this Code;
(2)
Lofts in the B6, M1, M2, M3, M4, and SD4 Districts are subject to review by the Loft Review Committee as provided for in Article II, Division 6, Subdivision C, of this chapter;
(3)
Similarly, single-family dwellings, two-family dwellings, and multiple-family dwellings are permitted in commercial or industrial structures combined with those permitted retail, service, and commercial uses specified in Division 1, Subdivision D, of this article, except for "adult uses/sexually oriented businesses" as specified in Section 50-12-108 of this Code. For example, although a single-family detached dwelling is not permitted by right in the R6 District, a doctor's office that has an apartment is permitted by right as a "residential use combined in structures with permitted commercial uses." In addition, in industrial zoning districts where new residential construction is prohibited, an existing building with a hardware store on the ground floor, for example, and residential units on the upper floor could be re-occupied on a conditional use basis and without the need for approval by the Board of Zoning Appeals;
(4)
In B2 and B3 Districts, lofts are permissible on a by-right basis only where located in a Traditional Main Street Overlay Area and combined in a structure with permitted commercial or industrial uses, and otherwise are permissible conditionally;
(5)
In B4 Districts, lofts are permissible on a by-right basis only where located in the Central Business District or in a Traditional Main Street Overlay Area, and otherwise are permissible conditionally;
(6)
In B2, B3, and B4 Districts, residential uses combined in structures with permitted commercial uses are permissible on a by-right basis only where located in a Traditional Main Street Overlay Area, and otherwise are permissible conditionally;
(7)
In M1, M2, M3, and M4 Districts, new construction of a "residential use combined with permitted commercial uses" is limited to not more than two residential units. However, any time three or more residential units are combined with permitted commercial uses in an existing commercial or industrial structure in the B6, M1, M2, M3, M4, or SD4 District, the use shall be subject to the review of the Loft Review Committee as provided for in Article II, Division 6, Subdivision C, of this chapter;
(8)
In the MKT District, residential uses combined in structures with permissible commercial or industrial uses are permissible conditionally only if one or more permitted commercial or industrial use is located on the ground floor of the structure, except that new residential uses are impermissible in the area where setbacks are required by Section 50-13-157 of this Code;
(9)
In the SD4 District, specially designated merchant's (SDM) establishments and specially designated distributor's (SDD) establishments are permitted when incidental to, accessory to, and on the same zoning lot as a loft development that has not fewer than 50 dwelling units; and
(10)
In designated Traditional Main Street Overlay Areas, as provided in Section 50-11-382 of this Code, residential uses combined in structures with commercial or industrial uses that are permitted in the respective zoning district shall be permitted by right.
(Code 1984, § 61-12-118; Ord. No. 11-05, § 1(61-12-118), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-118), eff. 5-29-2005; Ord. No. 01-10, § 1(61-12-118), eff. 4-1-2010; Ord. No. 21-12, § 1(61-12-118), eff. 11-2-2012; Ord. No. 13-16, § 1(61-12-118), eff. 5-20-2016; Ord. No. 2020-21, § 1, eff. 8-8-2020; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-160. - Mobile homes and mobile home parks.
Mobile homes and mobile home parks are defined in Section 50-16-303 of this Code, and are subject to the following requirements:
(1)
No one shall occupy a mobile home for living purposes, except:
a.
In a licensed mobile home park on land zoned R5; or
b.
For a period not in excess of one year on property for which a building permit for the construction of a permanent dwelling has been issued, and the construction is actively pursued to completion within the one-year time frame (see also Section 50-12-556 of this Code); or
c.
As a temporary office or shelter incidental to construction or development of the property on which the mobile home is located only during the time construction or development is actively pursued (see also Section 50-12-555 of this Code).
(2)
Except as provided in Subsection (1) of this section, a mobile home shall not be permitted as a principal structure or as an accessory building for non-residential uses permitted by this chapter.
(Code 1984, § 61-12-119; Ord. No. 11-05, § 1(61-12-119), eff. 5-28-2005; Ord. No. 13-11, § 1(61-12-119), eff. 8-23-2011)
Sec. 50-12-161. - Manufactured housing units.
The term "manufactured housing" is defined in Section 50-16-301 of this Code. All manufactured housing units shall comply with the following requirements:
(1)
All dwelling units shall provide a minimum height between the floor and ceiling consistent with applicable codes;
(2)
There shall be a foundation of concrete or block around the entire exterior perimeter of all dwellings. The foundation shall have a minimum depth of 42 inches below grade. The foundation shall provide a maximum exposed foundation above grade of eight inches;
(3)
Where the dwelling unit does not have a basement, a crawl space is permitted within the requirements of Chapter 8, Article II, of this Code, Building Code. In the alternative, construction on slab may be permitted where the distance from the finished floor to the floor joists of the second floor is not less than eight feet; additionally, construction on slab may be permitted for a single-story dwelling where the distance from the finished floor to the ceiling is not less than eight feet;
(4)
All dwellings shall be firmly attached to their foundations so as to be watertight as required by Chapter 8, Article II, of this Code, Building Code, or anchored to the foundation by an anchor system designed and constructed in compliance with the United States Department of Housing and Urban Development Regulations entitled "Mobile Home Construction & Safety Standards";
(5)
Any wheels, pulling mechanism, or tongues shall be removed prior to placement on a foundation;
(6)
All dwellings shall be connected to a sewer system and water supply system approved by the City;
(7)
Where there exists an elevation differential of more than one foot between any door and the surrounding grade, all dwellings shall provide steps or porch areas connected to each exterior door and permanently attached to the foundation. All dwellings shall provide a minimum of two points of ingress and egress. One exterior door shall face the front yard and a second exterior door shall face either the rear or side of the dwelling;
(8)
The dwelling shall not contain additions or rooms or other areas which are not constructed with similar or better quality work as the original structure, including permanent attachment to the principal structure and construction of a foundation as required in this section. All additions to dwellings shall meet all of the requirements of this chapter, this Code, and the Michigan Construction Codes; and
(9)
All dwellings shall have a minimum 4:12 roof pitch, with either a roof overhang of not less than six inches on all sides, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along sides of the dwellings.
(Code 1984, § 61-12-120; Ord. No. 11-05, § 1(61-12-120), eff. 5-28-2005; Ord. No. 13-11, § 1(61-12-120), eff. 8-23-2011)
Sec. 50-12-162. - Multi-family dwellings.
Multi-family dwellings shall be subject to the following requirements:
(1)
In the R2 District, such uses shall have a maximum of eight dwelling units, except where developed under the "school building adaptive reuse" provision as defined in Section 50-16-381 of this Code;
(2)
In the R3 District, multiple-family dwellings, where fewer than 50 percent of the units are efficiency units, are permitted by right; multiple-family dwellings, where 50 percent or more of the units are efficiency units, are a conditional use;
(3)
In the B5 District, ground-floor commercial uses shall be required along at least 50 percent of the building façade fronting Woodward Avenue and may be required in other portions of the B5 District;
(4)
The required recreational space ratios for multi-family dwellings are listed as follows:
a.
R3 District: 0.12;
b.
R4 District: 0.10;
c.
R5 District: 0.085;
d.
R6 District: 0.07;
e.
SD1 District: 0.07;
f.
SD2 District: 0.07.
(See Section 50-13-239 of this Code for information on recreational space requirements.)
(5)
For certain permitted accessory uses in the R5, R6, and B1 Districts, see Section 50-12-514 of this Code;
(6)
In the B5 and PCA districts, multiple-family dwellings that have ground floor commercial space or other space oriented to pedestrian traffic are permitted by right. Multiple-family dwellings not having such ground floor space are a conditional use;
(7)
Multiple-family dwelling developments that exceed 12 units are subject to site plan review as provided for in Section 50-3-113 of this Code;
(8)
In the SD4 District, specially designated merchant's (SDM) establishments and specially designated distributor's (SDD) establishments are permitted when incidental to, accessory to, and on the same zoning lot as a multiple-family dwelling, which has not fewer than 50 dwelling units;
(9)
Multiple-family dwellings for the elderly, as defined in Section 50-16-304 of this Code, are subject to a lesser off-street parking requirement than other multiple-family dwellings. Where a multiple-family dwelling for the elderly converts to a general population multiple-family dwelling, the full off-street parking requirement must be satisfied.
(Code 1984, § 61-12-121; Ord. No. 11-05, § 1(61-12-121), eff. 5-28-2005; Ord. No. 21-12, § 1(61-12-121), eff. 11-2-2012; Ord. No. 13-16, § 1(61-12-121), eff. 5-20-2016; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-163. - Pre-release adjustment centers.
Pre-release adjustment centers are subject to the following requirements:
(1)
Such uses shall not have a capacity in excess of 50 persons;
(2)
Such uses shall be located along, or within 200 feet of, a major or secondary thoroughfare unless such location requirement is specifically modified by the Board of Zoning Appeals after finding that such waiver will:
a.
Not be injurious to the contiguous property;
b.
Not have a detrimental effect on the surrounding neighborhood; and
c.
Not be contrary to any other policy expressed in this chapter;
(3)
Where possible, such pre-release adjustment center shall not occupy an entire building, but should preferably share such building with other permitted uses of service or benefit to the neighborhood where the building is located;
(4)
In the B4 and B2 Districts, pre-release adjustment centers are prohibited on zoning lots that abut a Gateway Radial Thoroughfare;
(5)
In the B5 District, pre-release adjustment centers that conform to the spacing requirements of Section 50-12-127 and Section 50-12-129 of this Code, and the standards provided for in Subsections (1), (2), and (3) of this section, shall be permitted by right.
(Code 1984, § 61-12-122; Ord. No. 11-05, § 1(61-12-122), eff. 5-28-2005; Ord. No. 37-17, § 1(61-12-122), eff. 2-6-2018)
Sec. 50-12-164. - Rooming house.
(a)
The required recreational space ratios for rooming houses are as follows:
(1)
R3 District: 0.12;
(2)
R4 District: 0.10;
(3)
R5 District 0.085;
(4)
R6 District: 0.07;
(5)
SD1 District: 0.07;
(6)
SD2 District: 0.07.
(See Section 50-13-239 of this Code for information on recreational space requirements.)
(b)
Rooming houses shall be licensed as such by the Buildings, Safety Engineering, and Environmental Department Business License Center in accordance with Chapter 36 of this Code, Public Lodging.
(Code 1984, § 61-12-123; Ord. No. 11-05, § 1(61-12-123), eff. 5-28-2005)
Sec. 50-12-165. - Shelters for survivors of domestic violence.
(a)
The maximum capacity of any shelter for survivors of domestic violence in the R2, R3, R4, R5, R6, B1, B2, B4, B5, and SD1 zoning classifications shall be specified by the Buildings, Safety Engineering, and Environmental Department in accordance with adopted building standards and regulations.
(b)
In the R2 District, such uses may be established only in former religious residential structures, nonconforming multi-family residential structures, or a former school building; this provision may not be waived by the Board of Zoning Appeals.
(c)
Shelters for survivors of domestic violence shall not be permitted in the R1 District, except that, where a shelter for victims of domestic violence, duly recognized by the Michigan Domestic and Sexual Violence Prevention and Treatment Board, has been established in such zoning district, was operated as such a shelter since April 26, 1995, and has secured an occupancy or change of use permit for a shelter for victims of domestic abuse not later than October 26, 1995, said shelter shall be permitted to continue as a nonconforming use. Such shelter shall be subject to the restrictions set forth in Article XV of this chapter and to other provisions of this Code.
(Code 1984, § 61-12-124; Ord. No. 11-05, § 1(61-12-124), eff. 5-28-2005; Ord. No. 2022-5, § 1, eff. 3-23-2022)
Sec. 50-12-166. - Single-room occupancy (SRO) housing, non-profit.
Non-profit single-room occupancy (SRO) housing shall be subject to the following requirements:
(1)
Non-profit single-room-occupancy facilities shall have no fewer than 20 units;
(2)
Non-profit SRO housing shall provide common interior space for residents, which space may consist of community kitchen/dining area, lobby, recreational area, sitting area, or the like, according to the following, whichever amount is greater:
a.
Five square feet of common interior space per SRO unit; or
b.
250 square feet of common interior space;
(3)
As practicable, non-profit SRO housing shall provide nearby outdoor open space for use by residents;
(4)
Non-profit SRO housing shall provide 24-hour resident management staffing;
(5)
Non-profit SRO housing shall make provision for services needed by residents as to enhance their well-being including, but not limited to, community kitchen and housekeeping;
(6)
No such facility shall be located less than 500 feet from any other non-profit SRO housing facility; and
(7)
Non-profit SRO housing facilities shall be licensed as such by the Buildings, Safety Engineering, and Environmental Department Business License Center in accordance with Chapter 36 of this Code, Public Lodging.
(Code 1984, § 61-12-125; Ord. No. 11-05, § 1(61-12-125), eff. 5-28-2005)
Sec. 50-12-167. - Townhouses.
Townhouses shall be subject to the following requirements:
(1)
In the R2 District, a maximum of eight townhouses shall be permitted in any group of attached townhouses;
(2)
In the R3 District, a maximum of ten townhouses shall be permitted in any group of attached townhouses; and
(3)
Townhouse developments that exceed 12 units are subject to site plan review as provided for in Section 50-3-113 of this Code.
See also Section 50-13-186 of this Code.
(Code 1984, § 61-12-126; Ord. No. 11-05, § 1(61-12-126), eff. 5-28-2005)
Sec. 50-12-181. - Adult day care center.
Adult day care centers are subject to the following requirements:
(1)
The facility shall be in full compliance with Chapter 8, Article II, of this Code, Building Code;
(2)
Adequate provision shall be made for access by emergency medical and fire vehicles; and
(3)
Safe areas for pick-up and discharge of users shall be provided that do not interfere with the free flow of traffic on adjacent streets. Where such areas are provided on a street, such areas shall be approved by the Department of Public Works, Traffic Engineering Division.
(Code 1984, § 61-12-131; Ord. No. 11-05, § 1(61-12-131), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-131), eff. 5-29-2005)
Sec. 50-12-182. - Cemeteries.
Cemeteries in the R1, R2, and R3 Districts shall be subject to the following requirements:
(1)
Yards. When a cemetery abuts or is across a street, alley, or easement from private property zoned in a residential district classification, a 20-foot yard shall be provided and the following conditions shall be observed:
a.
No burials shall be permitted in the yard;
b.
The yard shall be landscaped with grass and trees, shrubs, or other ornamental horticultural materials; and
c.
The yard shall be maintained in a neat and orderly condition at all times.
(2)
Accessory uses. Warehouses, storage or maintenance buildings, mausoleums, crematories, or columbaria shall be located not less than 150 feet from the nearest private residential property line.
(Code 1984, § 61-12-132; Ord. No. 11-05, § 1(61-12-132), eff. 5-28-2005)
Sec. 50-12-183. - Child care homes and centers.
Child care homes and centers that operate with children in attendance for five or more continuous hours a day shall be subject to the following requirements:
(1)
The child care home and center shall be licensed by the Michigan Department of Licensing and Regulatory Affairs;
(2)
There shall be provided and maintained an outdoor play area suitable for play activity and containing a minimum of 2,000 square feet;
(3)
The surface treatment of said play area shall comply with the guidelines of the appropriate public agencies;
(4)
Said outdoor play area shall be immediately contiguous to the child care center and shall be enclosed by a protective wall or fence; and
(5)
Safe areas for pick-up and discharge of users shall be provided that do not interfere with the free flow of traffic on adjacent streets. Where such areas are provided on a street, such areas shall be approved by the Department of Public Works, Traffic Engineering Division.
See Section 50-12-512 of this Code for child care centers operated in conjunction with places of employment or located in existing buildings in certain zoning districts as an accessory use.
(Code 1984, § 61-12-133; Ord. No. 11-05, § 1(61-12-133), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-133), eff. 5-29-2005; Ord. No. 34-05, § 1(61-12-133), eff. 12-6-2005)
Sec. 50-12-184. - Educational institution.
The term "educational institution" is defined in Section 50-16-191 of this Code. Educational institutions shall be subject to the following provisions:
(1)
The required recreational space ratio for educational institutions in the R4 District is 0.10 (see Section 50-13-239 of this Code for information on recreational space requirements);
(2)
In the PC District, both educational institutions and cultural buildings are permitted by right; and
(3)
In the PC and PCA Districts, the term "educational institution" includes a non-profit corporation organized under the laws of the state to provide training, retraining, and personal and professional development opportunities, and exempt from federal income tax under Section 501(c)(5) of the Internal Revenue Code of 1986, being 26 USC 501(c)(5).
(Code 1984, § 61-12-134; Ord. No. 11-05, § 1(61-12-134), eff. 5-28-2005; Ord. No. 38-14, § 1(61-12-134), eff. 10-16-2014)
Sec. 50-12-185. - Family day care home.
In the B5 District, family day care homes are permitted only in dwellings permitted by right.
(Code 1984, § 61-12-135; Ord. No. 11-05, § 1(61-12-135), eff. 5-28-2005)
Sec. 50-12-186. - Fire or police station, post office, courthouse, and similar public building.
In the SD4 District, post offices are:
(1)
Permitted by right where part of a multi-tenant, mixed-use development in a multi-story building; and
(2)
Permitted on a conditional basis where not a part of a multi-tenant, mixed-use development in a multi-story building.
(Code 1984, § 61-12-136; Ord. No. 11-05, § 1(61-12-136), eff. 5-28-2005)
Sec. 50-12-187. - Neighborhood center (non-profit).
The term "non-profit neighborhood center" is defined in Section 50-16-321 of this Code. Recreation centers under the control of the Recreation Department that are not located in conjunction with a public park, playfield, or playground shall be considered "non-profit neighborhood centers."
(Code 1984, § 61-12-138; Ord. No. 11-05, § 1(61-12-138), eff. 5-28-2005)
Sec. 50-12-188. - Outdoor recreation facility.
Outdoor recreation facilities are subject to the following:
(1)
Golf course. Facilities including, but not limited to, club houses, banquet facilities, and outdoor swimming pools shall be considered customary and incidental accessory uses to a golf course;
(2)
Swimming pool, outdoor. No public outdoor swimming pool shall be constructed less than 40 feet from any property line abutting, or across an alley from, private property, other than a railroad, on land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(3)
Accessory structures for outdoor recreation facilities in general are subject to the provisions in Section 50-13-211 of this Code; the outdoor exhibition of art or sculpture gardens may be permitted as an accessory feature of outdoor recreation facilities; and
(4)
Recreation centers under the control of the Recreation Department shall be considered as an accessory use where located in conjunction with a public park, playfield, or playground. Such accessory use may be established on a by-right basis where the outdoor recreation facility itself is permitted by right. Where the outdoor recreation facility is permitted as a conditional use, the accessory recreation center shall be established on a conditional use basis. Recreation centers that are not located in conjunction with a public park, playfield, or playground shall be considered "non-profit neighborhood centers."
(Code 1984, § 61-12-139; Ord. No. 11-05, § 1(61-12-139), eff. 5-28-2005; Ord. No. 37-17, § 1(61-12-139), eff. 2-6-2018)
Sec. 50-12-189. - Schools.
Safe areas for pickup and discharge of users shall be provided that do not interfere with the free flow of traffic on adjacent streets. Where such areas are provided on a street, such areas shall be approved by the Department of Public Works, Traffic Engineering Division.
(Code 1984, § 61-12-139.5; Ord. No. 21-12, § 1(61-12-139.5), eff. 11-2-2012)
Sec. 50-12-190. - Stadiums or sports arenas; outdoor entertainment facilities.
Stadiums, sports arenas, and outdoor entertainment facilities shall be subject to the following provisions:
(1)
Within the B4 District, the stadium or sports arena or outdoor entertainment facility shall be located on a site that:
a.
Has not fewer than three acres of land; and
b.
Is not less than 250 feet in depth;
(2)
Accessory parking areas shall be provided in accordance with Article XIV, Division 1, of this chapter;
(3)
Any accessory parking area within 1,000 feet shall be maintained with a surface having an asphalted or Portland cement binder so as to provide a permanent, durable and dustless surface;
(4)
Any accessory parking area within 1,000 feet shall be graded and drained in conformance with the requirements of Chapter 8, Article V, of this Code, Plumbing Code, so as to dispose of all surface water accumulation within the parking area;
(5)
No fences or walls are required for accessory parking for stadiums or sports arenas or outdoor entertainment facilities, except, that a decorative, opaque masonry wall that does not exceed 30 inches in height may be permitted on any side of the parking lot facing a public street. Such a wall that does not exceed six feet in height may be permitted along those sides of the parking lot that do not face a public street;
(6)
All parking lot lighting shall conform with the provisions of Section 50-14-236 of this Code;
(7)
All outdoor areas shall be either landscaped in accordance with Article XIV, Division 2, of this chapter or hard surfaced;
(8)
In the PC District, only public stadiums or public sports arenas or public outdoor entertainment facilities shall be permitted;
(9)
Stadiums and sports arenas shall be licensed by the Buildings, Safety Engineering, and Environmental Department Business License Center as provided for in Article XI of Chapter 5 of this Code, Public Entertainments.
See also Section 50-12-299(7) of this Code.
(Code 1984, § 61-12-140; Ord. No. 11-05, § 1(61-12-140), eff. 5-28-2005)
Sec. 50-12-191. - Substance abuse service facility.
Substance abuse service facilities shall comply with all appropriate state laws and regulations, County ordinances and this Code, which control or regulate such uses. Such facilities are prohibited in the B4 District on zoning lots that abut designated Gateway Radial Thoroughfares.
(Code 1984, § 61-12-141; Ord. No. 11-05, § 1(61-12-141), eff. 5-28-2005)
Sec. 50-12-192. - Utilities, basic; utilities, major.
Basic utility facilities and major utility facilities shall be subject to the following requirements:
(1)
Service or storage yards tor any electric transformer station, gas regulator station, telephone exchange building, water work, reservoir, pumping station, or filtration plant, shall not be permitted, except in the B5, B6, M1, M2, M3, M4, M5 and TM Districts;
(2)
In the R1, R2, R3, R4, R5, R6, residential PD, PR and SD1 Districts:
a.
Basic utilities shall be permitted only when operating requirements mandate that they be located within the district in order to serve the immediate vicinity; and
b.
Outdoor service or storage yards shall not be permitted;
(3)
In the SD4 District, the following uses shall be subject to site plan review as provided for in Section 50-3-113(8) of this Code, and subject to review as to the appropriateness of exterior design:
a.
Electric transformer stations;
b.
Gas regulator stations;
c.
Telephone exchange buildings; and
d.
Water works, reservoirs, pumping stations, and filtration plants.
(4)
In the PR District, the only major utility that shall be permitted is a pumping station without on-site employees.
(5)
Solar generation stations are limited to the PD and PR zoning districts; reasonable and appropriate conditions relative to the following factors may be attached to any approval:
a.
Height of installation;
b.
Setback from rights-of-way and adjacent properties and uses;
c.
Screening from rights-of-way and adjacent properties and uses;
d.
Landscaping;
e.
Glare mitigation;
f.
Noise;
g.
Safety/access; site security;
h.
Location of on-site power lines;
i.
Lighting;
j.
Notice for purpose of identification and warning;
k.
Removal requirements upon abandonment/decommissioning;
l.
Stormwater management;
m.
Construction period impacts;
n.
General site maintenance;
o.
Off-street parking.
(Code 1984, § 61-12-142; Ord. No. 11-05, § 1(61-12-142), eff. 5-28-2005; Ord. No. 13-11, § 1(61-12-142), eff. 8-23-2011; Ord. No. 13-16, § 1(61-12-142), eff. 5-20-2016; Ord. No. 2020-12, § 1, eff. 12-9-2020)
Sec. 50-12-211. - Amusement park.
Amusement parks are subject to the following requirements:
(1)
Such uses may only be located on a site that:
a.
Has not fewer than ten acres;
b.
Is not less than 250 feet in depth; and
c.
Is farther than 2,500 feet from a Residentially-zoned district (R1, R2, R3, R4, R5, and R6), or of a Residential Planned Development (PD) District, provided, that the restriction in this subsection shall be waived upon presentation to the Buildings, Safety Engineering, and Environmental Department of a verified petition requesting such waiver, signed by two-thirds of those persons owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as "unimproved," within 2,500 feet of the proposed location.
(2)
Such uses shall be subject to licensing by the Buildings, Safety Engineering, and Environmental Department Business License Center under Chapter 5, Article I, of this Code, Amusement Parks.
(3)
Safe areas for pick-up and discharge of users shall be provided that do not interfere with the free flow of traffic on adjacent streets. Where such areas are provided on a street, such areas shall be approved by the Department of Public Works Traffic Engineering Division.
(Code 1984, § 61-12-152; Ord. No. 11-05, § 1(61-12-152), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-152), eff. 5-29-2005; Ord. No. 24-08, § 1(61-12-152), eff. 11-1-2008; Ord. No. 37-17, § 1(61-12-152), eff. 2-6-2018)
Sec. 50-12-212. - Animal-grooming shop.
(a)
All facilities of an animal-grooming shop, including all grooming areas, cages, pens and kennels, shall be maintained within a completely enclosed, soundproof building.
(b)
All animal-grooming shops shall be designed and constructed in a manner that eliminates any emission of odor offensive to persons owning, occupying, or patronizing properties adjacent to the use.
(c)
Kennel facilities, if any, shall be governed separately by Section 50-12-229 of this Code for commercial kennels.
(d)
In the MKT District, animal grooming shops are not permissible if located on the first floor.
(Code 1984, § 61-12-153; Ord. No. 11-05, § 1(61-12-153), eff. 5-28-2005; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-213. - Arcade.
Arcades shall be subject to the following provisions:
(1)
In the B4 District, such uses shall be permitted only where:
a.
They are part of a "family restaurant and entertainment center" having not less than 10,000 square feet of gross floor area; and
b.
Not less than 60 percent of the establishment's gross floor area consists of kitchen and sit-down dining area;
c.
For purposes of this section, an arcade shall be considered as an accessory use to the "family restaurant and entertainment center" and shall not be subject to the petition requirements specified in Subsection (4) of this section;
(2)
In retail stores exceeding 20,000 square feet of gross floor area, up to eight coin-operated amusement devices may be permitted as an accessory use without need for a separate permit for an arcade and shall not be subject to the petition requirements specified in Subsection (4) of this section;
(3)
Arcades shall be subject to the licensing provisions of Chapter 5, Article VI, of this Code, Coin-Operated Games and Arcades; and
(4)
The petition provisions of Section 50-3-442 of this Code shall apply in those districts where arcades are a controlled use in order to waive the prohibition of arcades within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD. (See Article III, Division 9, of this chapter for the controlled use regulations.)
(Code 1984, § 61-12-154; Ord. No. 11-05, § 1(61-12-154), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-154), eff. 5-29-2005; Ord. No. 13-11, § 1(61-12-154), eff. 8-23-2011)
Sec. 50-12-214. - Assembly hall.
Assembly halls shall be subject to the following provisions:
(1)
Assembly halls require licensing by the Buildings, Safety Engineering, and Environmental Department Business License Center in accordance with Chapter 38 of this Code, Rental Halls and Banquet Facilities.
(2)
For large outdoor assemblies and special events, see Section 50-12-551 and Section 50-12-552 of this Code.
(Code 1984, § 61-12-155; Ord. No. 11-05, § 1(61-12-155), eff. 5-28-2005)
Sec. 50-12-215. - Bake shop.
Bake shops shall be subject to the following provisions:
(1)
Such uses shall not have more than 4,000 square feet gross floor area;
(2)
Drive-up or drive-through facilities shall not be permitted; and
(3)
Bakeries larger than 4,000 square feet of gross floor area are regulated as a low-impact manufacturing or processing use.
(Code 1984, § 61-12-156; Ord. No. 11-05, § 1(61-12-156), eff. 5-28-2005)
Sec. 50-12-216. - Bed and breakfast inn.
Bed and breakfast inns shall be subject to the following requirements:
(1)
The primary use of a bed and breakfast must be as a residence for the owner or manager who operates and occupies the structure. The bed and breakfast facility may have up to ten bedrooms for the use of transient guests for compensation and by pre-arrangement;
(2)
The exterior appearance of the structure shall not be altered from its residential district character;
(3)
Parking shall be arranged so as not to create negative noise or light impacts on properties adjacent or across an alley, or to necessitate on-street parking. (See off-street accessory parking schedule in Section 50-14-54 of this Code);
(4)
Each sleeping room shall have a separate smoke detector as required in Section 8-15-311(b) of this Code, Smoke Detectors;
(5)
A fire escape plan shall be developed and graphically displayed in each guest room;
(6)
A minimum of one fire extinguisher, in proper working order, shall be located on each floor;
(7)
The establishment shall contain at least two exits to the outdoors;
(8)
No guest room shall be located in a basement or cellar;
(9)
No transient occupant shall reside on the premises for more than 100 days in any continuous period of 120 days;
(10)
Lavatories and bathing facilities shall be available to all persons using the premises;
(11)
No separate or additional kitchen facilities shall be provided for the guests;
(12)
Retail sales are not permitted beyond those activities serving the registered overnight patrons;
(13)
Meals shall not be served to the public at large but only to registered guests. Meal preparation and service shall conform with all applicable public health requirements of the Michigan Public Health Code, being MCL 333.1101 et seq., and of this Code;
(14)
In the R3 and R4 Districts, no receptions, private parties, conferences, or activities for which a fee is paid shall be permitted, except for those which involve only registered guests;
(15)
Outdoor solid waste facilities beyond what might normally be expected for a residential structure under Chapter 42 of this Code, Solid Waste and Illegal Dumping, shall be prohibited; and
(16)
Bed and breakfast inns shall be licensed as such by the Buildings, Safety Engineering, and Environmental Department Business License Center as provided for in Chapter 36 of this Code, Public Lodging.
(Code 1984, § 61-12-157; Ord. No. 11-05, § 1(61-12-157), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)
Sec. 50-12-217. - Brewpub and microbrewery and small distillery and small winery.
Brewpubs and microbreweries and small distilleries and small wineries are subject to the following provisions:
(1)
The regulated use provisions of Article III, Division 8, of this chapter where there is consumption of beer or alcoholic liquor on the premises, located outside of the Central Business District and outside the SD2 District; however, a brewpub, microbrewery, small distillery, or small winery operating in conjunction with and located on the same zoning lot as a standard restaurant, as defined in Section 50-16-362 of this Code, shall not be considered a regulated use, as provided in Section 50-3-323(1) of this Code;
(2)
The controlled use provisions of Article III, Division 9, of this chapter where beer or wine or alcoholic liquor are sold to the general public for consumption off the premises at a brewpub or small distillery or small winery;
(3)
In the M1, M2, M3 and M4 Districts, where a brewpub, microbrewery, small distillery, or small winery is classified as a regulated use or a controlled use, the use may be permitted on a conditional basis. Where a brewpub, microbrewery, small distillery, or small winery in an M1, M2, M3, or M4 District is not classified as either a regulated use or controlled use, the use may be permitted on a by-right basis;
(4)
In the SD1 District, a brewpub, microbrewery, small distillery or small winery may be permitted on a by-right basis where such establishment does not exceed 3,000 square feet and is not 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, and on a conditional basis where such establishment exceeds 3,000 square feet or is 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.
(5)
In the B3 District, a brewpub or microbrewery or small distillery or small winery is permissible conditionally where located within a Traditional Main Street Overlay Area.
(Code 1984, § 61-12-158; Ord. No. 11-05, § 1(61-12-158), eff. 5-28-2005; Ord. No. 13-11, § 1(61-12-158), eff. 8-23-2011; Ord. No. 23-14, § 1(61-12-158), eff. 7-24-2014; Ord. No. 38-14, § 1(61-12-158), eff. 10-16-2014; Ord. No. 13-15, § 1(61-12-158), eff. 7-11-2015; Ord. No. 37-17, § 1(61-12-158), eff. 2-6-2018; Ord. No. 18-18, § 1(61-12-158), eff. 8-30-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-218. - Cabaret.
(a)
Cabarets are subject to the licensing provisions of Chapter 5, Article III, of this Code, Cabarets.
(b)
In the B2 District, a cabaret is permissible conditionally only where located in a Traditional Main Street Overlay Area.
(Code 1984, § 61-12-159; Ord. No. 11-05, § 1(61-12-159), eff. 5-28-2005; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-219. - Dance hall, public.
Public dance halls shall be subject to the following provisions:
(1)
Licensing by the Buildings, Safety Engineering, and Environmental Department Business License Center is required as provided for in Chapter 5, Article X, of this Code, Public Dance Halls; and
(2)
A petition may be required, as provided for in Section 50-3-362 of this Code, in order to waive the prohibition of public dance halls within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD.
See also Article III, Division 8, of this chapter for regulated use provisions.
(Code 1984, § 61-12-160; Ord. No. 11-05, § 1(61-12-160), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-160), eff. 5-29-2005)
Sec. 50-12-220. - Establishment for the sale of beer or alcoholic liquor for consumption on the premises.
Establishments for the sale of beer or alcoholic liquor for consumption on the premises are subject to the following provisions:
(1)
Regulated use provisions of Article III, Division 8, of this chapter if not located in the Central Business District or SD1, SD2 or SD5 districts, or where not operating in conjunction with and located on the same zoning lot as a standard restaurant as defined in Section 50-16-362 of this Code;
(2)
Establishments for the sale of beer or alcoholic liquor for consumption on the premises are permitted conditionally in the R5 District and by right in the R6 District only where they are located in a multiple-family dwelling, hotel, or motel that has at least 50 units and, provided, that the establishment for consumption on the premises:
a.
Does not exceed 2,000 square feet in gross floor area;
b.
Is accessible only from the interior of the building; and
c.
Has no advertising or display of said use visible from the exterior of the building;
(3)
In the B2 District, establishments for the sale of beer or alcoholic liquor for consumption on the premises are permissible conditionally only if located inside a Traditional Main Street Overlay Area;
(4)
In the SD1 District, establishments for the sale of beer or alcoholic liquor for consumption on the premises shall be permitted on a by-right basis where such establishments do not exceed 3,000 square feet and are not 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, and on a conditional basis where such establishments do exceed 3,000 square feet or are 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; and
(5)
In the B2 District, establishments for the sale of beer or alcoholic liquor for consumption on the premises are not permitted either by right or as a conditional use in accordance with Article IX, Division 3, of this chapter, except where located in a Traditional Main Street Overlay Area; while such establishments are generally prohibited on land zoned B2 as a stand-alone use, standard restaurants, as defined in Section 50-16-362 of this Code, located on land zoned B2, may provide for the sale of beer or alcoholic liquor for consumption on the premises.
(6)
The gross floor area specifications set forth in this section may not be waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-161; Ord. No. 11-05, § 1(61-12-161), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-161), eff. 12-6-2005; Ord. No. 23-14, § 1(61-12-161), eff. 7-24-2014; Ord. No. 13-15, § 1(61-12-161), eff. 7-11-2015; Ord. No. 37-17, § 1(61-12-161), eff. 2-6-2018; Ord. No. 18-18, § 1(61-12-161), eff. 8-30-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-221. - Dry cleaning, laundry, or laundromat.
(a)
Dry cleaning facilities must receive an air permit from the Michigan Department of Environment, Great Lakes, and Energy to conduct operations subject to the U.S. Environmental Protection Agency (EPA) National Emission Standards for Hazardous Air pollutants (NESHAP). All dry cleaning facilities, which use perchloroethylene (PCE) in their cleaning process, are subject to NESHAP. Presentation of the state permit to the Buildings, Safety Engineering, and Environmental Department by dry cleaners that use PCE shall be required as a condition for the City's permit. In addition, dry cleaning facilities and laundries shall comply with materials storage, handling and disposal requirements, and pollution prevention and waste minimization requirements.
(b)
In the B1, B2, B3, B4, B5, B6, M1, M2, M3, M4, PCA, TM, SD1, and SD2 Districts, dry cleaning, laundry, or laundromat establishments may provide:
(1)
Pick-up stations; and
(2)
Customer operated washer, dryer, or dry cleaning machines for family washing or dry cleaning; laundromat.
(c)
In the B2, B3, and SD4 Districts, dry cleaning, laundry, or laundromat establishments:
(1)
Shall employ a maximum of ten persons on site; and
(2)
Shall not exceed 4,000 square feet in gross floor area.
(d)
In the B4, B5, B6, and M1 Districts, dry cleaning, laundry or laundromat establishments:
(1)
Shall include a retail service; and
(2)
Shall employ a maximum of 25 persons on site.
(e)
Dry cleaners and laundries are subject to the licensing requirements of Chapter 25 of this Code, Laundering.
(f)
For industrial laundries, see the term "laundry, industrial" in Section 50-16-282 of this Code.
(Code 1984, § 61-12-162; Ord. No. 11-05, § 1(61-12-162), eff. 5-28-2005; Ord. No. 44-06, § 1(61-12-162), eff. 12-21-2006)
Sec. 50-12-222. - Financial services center.
Any deferred presentment center, commonly known as a payday lending center or a check advance center, is required to obtain and maintain a license from the State of Michigan Office of Financial and Insurance Services (OFIS) as a condition for its Buildings, Safety Engineering, and Environmental Department permit. Nonrenewal or revocation of the OFIS license shall be deemed to be abandonment of the use. See also Section 50-12-520 of this Code for applicable accessory use standards for check-cashing services.
(Code 1984, § 61-12-162.5; Ord. No. 44-06, § 1(61-12-162.5), eff. 12-21-2006; Ord. No. 13-11, § 1(61-12-162.5), eff. 8-23-2011)
Sec. 50-12-223. - Firearms dealership.
(a)
The term "firearms dealership" is defined in Section 50-16-202 of this Code.
(b)
No permit for a firearms dealership shall be issued until the applicant submits a certified copy of the federal firearms license from the United States Bureau of Alcohol, Tobacco, and Firearms for the address shown on the firearms dealership's zoning grant.
(c)
Stores of a generally recognized retail nature, whose primary business is the sale of new merchandise, that are licensed by the Bureau of Alcohol, Tobacco, and Firearms as a firearms dealership, need not secure an additional permit for "firearms dealership," provided, that the sale of firearms or ammunition is an incidental and accessory use to the principal business.
(Code 1984, § 61-12-163; Ord. No. 11-05, § 1(61-12-163), eff. 5-28-2005)
Sec. 50-12-224. - Firearms target practice range, indoor.
Indoor firearms target practice ranges are subject to the following:
(1)
It shall be unlawful to establish any indoor firearms target practice range within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD. Said prohibition shall be waived upon presentation to the Buildings, Safety Engineering, and Environmental Department of a verified petition requesting such waiver, signed by two-thirds of those persons owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as "unimproved," within 500 feet of the proposed location; and
(2)
Indoor firearms target practice ranges shall be licensed, as such, by the Buildings, Safety Engineering, and Environmental Department Business License Center as provided for in Chapter 5, Article XI, of this Code, Public Entertainments.
(Code 1984, § 61-12-164; Ord. No. 11-05, § 1(61-12-164), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-164), eff. 5-29-2005; Ord. No. 01-10, § 1(61-12-164), eff. 4-1-2010; Ord. No. 37-17, § 1(61-12-164), eff. 2-6-2018)
Sec. 50-12-225. - Fireworks sales, consumer.
Consumer fireworks sales establishments shall be subject to the following requirements:
(1)
Consumer fireworks sales shall comply with Chapter 18, Article I, Division 4, of this Code, Fireworks and Articles Pyrotechnics; and
(2)
Whenever a license or permit is required by a state or federal agency, then obtaining and maintaining said license or permit shall be deemed a use regulation under this article for "fireworks sales."
(Code 1984, § 61-12-165; Ord. No. 11-05, § 1(61-12-165), eff. 5-28-2005)
Sec. 50-12-226. - Go-cart track.
Go-cart tracks are subject to the following requirements:
(1)
Accessory parking areas shall be provided in accordance with Section 50-14-56 of this Code;
(2)
Ingress or egress shall be only from the principal, or busier, street as determined by the Planning and Development Department;
(3)
No part of the driving track shall be within 300 feet of property zoned in a residential district classification;
(4)
Any track surface or other area to be used for the operation of a go-cart shall be of an asphaltic or concrete material;
(5)
All light standards, poles, or other appurtenances shall be effectively padded or screened so as to prevent injury to drivers of the vehicles. Baled hay or other suitable shock absorbing material shall be placed around all turns or curves in the track;
(6)
All vehicles shall be provided with mufflers to eliminate objectionable noise. The Buildings, Safety Engineering, and Environmental Department may require a change in mufflers to reduce exhaust noises where, in its opinion, such noise has become a nuisance;
(7)
Permitted hours of operation shall be 10:00 a.m. to 10:00 p.m. Monday through Saturday, and 12:00 noon to 10:00 p.m. on Sunday;
(8)
Go-cart tracks are prohibited in the B4 District on zoning lots abutting designated Gateway Radial Thoroughfares;
(9)
It shall be unlawful to establish any go-cart track within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD. Said prohibition shall be waived upon presentation to the Buildings, Safety Engineering, and Environmental Department of a verified petition requesting such waiver, signed by two-thirds of those persons owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as "unimproved," within 500 feet of the proposed location;
(10)
Go-cart tracks shall be licensed as such by the Buildings, Safety Engineering, and Environmental Department Business License Center in accordance with Chapter 5, Article XI, of this Code, Amusements and Entertainments.
(Code 1984, § 61-12-166; Ord. No. 11-05, § 1(61-12-166), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-166), eff. 5-29-2005; Ord. No. 01-10, § 1(61-12-166), eff. 4-1-2010; Ord. No. 37-17, § 1(61-12-166), eff. 2-6-2018)
Sec. 50-12-227. - Golf course (miniature).
Miniature golf courses are subject to the following requirements:
(1)
Accessory parking areas shall be provided in accordance with Section 50-14-56 of this Code;
(2)
Ingress or egress shall be only from the principal, or busier, street as determined by the Planning and Development Department;
(3)
Loudspeakers or public address systems may be used only for control purposes, shall play no music, and shall be removed where, in the opinion of the Buildings, Safety Engineering, and Environmental Department, such operation constitutes a nuisance;
(4)
No part of the playing surface of a miniature golf course shall be located within 50 feet of any property zoned in a residential district classification;
(5)
Permitted hours of operation shall be 8:00 a.m. to 10:30 p.m. Monday through Saturday, and 12:00 noon to 10:30 p.m. Sunday;
(6)
It shall be unlawful to establish any miniature golf course within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD; said prohibition shall be waived upon presentation to the Buildings, Safety Engineering, and Environmental Department of a verified petition requesting such waiver, signed by two-thirds of those persons owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as "unimproved," within 500 feet of the proposed location;
(7)
Miniature golf courses shall be licensed as such by the Buildings, Safety Engineering, and Environmental Department Business License Center in accordance with Chapter 5, Article XI, of this Code, Amusements and Entertainments.
(Code 1984, § 61-12-167; Ord. No. 11-05, § 1(61-12-167), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-167), eff. 5-29-2005; Ord. No. 01-10, § 1(61-12-167), eff. 4-1-2010; Ord. No. 37-17, § 1(61-12-167), eff. 2-6-2018)
Sec. 50-12-228. - Hotel.
Hotels shall be subject to the following provisions:
(1)
In the R3 and R4 Districts, no receptions, private parties, conferences, or activities for which a fee is paid shall be permitted, except for those that involve registered guests only;
(2)
In the SD4 District, specially designated merchant's (SDM) establishments and specially designated distributor's (SDD) establishments are permitted when incidental to, accessory to, and on the same zoning lot as a hotel, having not fewer than 50 guest rooms;
(3)
Hotels shall be licensed in accordance with Chapter 36 of this Code, Public Lodging;
(4)
A shoeshine stand or parlor is a permissible use in conjunction with a hotel.
See Article III, Division 8, of this chapter for regulated use provisions and Section 50-12-514 of this Code for standards related to occupant-oriented retail sales and service.
(Code 1984, § 61-12-169; Ord. No. 11-05, § 1(61-12-169), eff. 5-28-2005)
Sec. 50-12-229. - Kennel, commercial.
Commercial kennels shall be subject to the following requirements:
(1)
No outdoor kennel shall be permitted in any zoning district;
(2)
All cages, pens, and grooming areas shall be maintained with a completely enclosed, soundproof building. The facility shall conform to the noise restrictions of Chapter 6 of this Code, Animal Care, Control, and Regulation;
(3)
All facilities shall be designed and constructed in a manner that eliminates any emission of odor offensive to persons owning, occupying, or patronizing properties adjacent to, or across an alley from, the use;
(4)
No outdoor exercise run area shall be permitted less than 50 feet from any land zoned residential or residential PD.
(Code 1984, § 61-12-170; Ord. No. 11-05, § 1(61-12-170), eff. 5-28-2005)
Sec. 50-12-230. - Lodging house, public.
Public lodging houses shall be subject to licensing in accordance with Chapter 36 of this Code, Public Lodging. See Article III, Division 8, of this chapter for regulated use provisions.
(Code 1984, § 61-12-171; Ord. No. 11-05, § 1(61-12-171), eff. 5-28-2005; Ord. No. 13-11, § 1(61-12-171), eff. 8-23-2011)
Sec. 50-12-231. - Marina.
(a)
A marina shall obtain and maintain any required marina permit from the Michigan Department of Environment, Great Lakes, and Energy as a condition for its Buildings, Safety Engineering, and Environmental Department permit.
(b)
Accessory uses are limited to those specified in Section 50-16-301 of this Code.
(Code 1984, § 61-12-172; Ord. No. 11-05, § 1(61-12-172), eff. 5-28-2005; Ord. No. 24-08, § 1(61-12-172), eff. 11-1-2008; Ord. No. 37-17, § 1(61-12-172), eff. 2-6-2018)
Sec. 50-12-232. - Medical/dental/physical therapy clinic and massage facility.
Massage facilities shall be subject to applicable licensing provisions of Chapter 20, Article V, of this Code, Massage Facilities and Massage Schools.
(Code 1984, § 61-12-173; Ord. No. 11-05, § 1(61-12-173), eff. 5-28-2005)
Sec. 50-12-233. - Motel.
Motels shall be subject to the following requirements:
(1)
In the R3 and R4 Districts, no receptions, private parties, conferences, or activities for which a fee is paid shall be permitted, except for those that involve registered guests only; and
(2)
Motels shall be licensed in accordance with Chapter 36 of this Code, Public Lodging.
See Article III, Division 8, of this chapter for regulated use provisions and Section 50-12-514 of this Code for standards related to occupant-oriented retail sales and service.
(Code 1984, § 61-12-174; Ord. No. 11-05, § 1(61-12-174), eff. 5-28-2005)
Sec. 50-12-234. - Mortuary or funeral home.
Mortuaries and funeral homes must not contain a crematory on the premises.
(Code 1984, § 61-12-175; Ord. No. 38-14, § 1(61-12-175), eff. 10-16-2014; Ord. No. 2023-41, § 1, eff. 12-30-2023)
Sec. 50-12-235. - Barber or beauty shop.
In the MKT District, barber or beauty shops are not permissible if located on the first floor of a multi-story building, but are permissible on a conditional basis if located in a single-story building.
(Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-236. - Nail salons.
In the MKT District, nail salons are not permissible if located on the first floor.
(Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-251. - Purpose.
(a)
Due to the unique characteristics of motor vehicle filling stations, and their role in meeting a public need and in providing greatly demanded services to various economic sectors, this subdivision provides procedures and regulations for the establishment of motor vehicle filling stations to ensure compatibility with, and prevent deleterious effects upon, areas that are in close proximity to such uses, while permitting sufficient locational flexibility to meet the demand of the City's economy for such services.
(b)
In order to minimize the traffic safety concerns that stem from a land use closely connected with vehicular travel, these provisions are intended to encourage the location of motor vehicle filling stations on corner lots at certain major intersections, to discourage their location on roadways other than major thoroughfares or freeways, and to discourage their location on lots other than corner lots.
(c)
In light of the City's experience with detrimental effects upon the environment and future investment caused by leakage from underground fuel storage tanks, a further purpose of these provisions is to safeguard the quality of the soil and groundwater that is located within and under the City, by limiting the number of potential sites where such tanks might be located.
(Code 1984, § 61-12-181; Ord. No. 11-05, § 1(61-12-181), eff. 5-28-2005)
Sec. 50-12-252. - Motor vehicle filling stations; basis of approval.
The basis of approval for motor vehicle filling stations is generally described as follows:
(1)
Motor vehicle filling stations as defined in Section 50-16-303 of this Code, may usually be established pursuant to Article III, Division 7, of this chapter, after a public hearing, provided, that all regulations, standards, requirements, and conditions hereinafter stated are satisfied;
(2)
In addition, in certain situations, a motor vehicle filling station may be permitted by right in the B6, M1, M2, M3, M4, M5, and TM Districts, as prescribed by said zoning districts, provided, that:
a.
Said station is located on a corner lot at the intersection of two major thoroughfares, or of a major thoroughfare and a freeway;
b.
Said intersection has not more than one motor vehicle filling station existing, approved, or on record;
c.
No additional land use other than a convenience store is proposed; and
d.
The station complies with all site development standards as provided for in Section 50-12-265 of this Code.
(3)
For "gas stations" in the PD District, the findings and decision of City Council shall be final and may not be appealed to the Board of Zoning Appeals.
(Code 1984, § 61-12-182; Ord. No. 11-05, § 1(61-12-182), eff. 5-28-2005)
Sec. 50-12-253. - Motor vehicle filling stations; retail stores, other than SDD/SDM, permitted.
Notwithstanding the provisions of Section 50-3-270 of this Code regarding intensification of conditional uses, stores of a generally recognized retail nature whose primary business is the sale of new merchandise may be operated in conjunction with a motor vehicle filling station. In no instance shall a specially designated distributor's (SDD) establishment or a specially designated merchant's (SDM) establishment be permitted in conjunction with, or on the same zoning lot as, a motor vehicle filling station.
(Code 1984, § 61-12-183; Ord. No. 11-05, § 1(61-12-183), eff. 5-28-2005)
Sec. 50-12-254. - Motor vehicle filling stations; other mixed-use stations.
Other principal uses which operate on the same zoning lot as a motor vehicle filling station shall only be permitted in accordance with provisions that govern each additional use, including, but not limited to, antennas, motor vehicle washing and steam cleaning, standard restaurants, carry-out restaurants, fast-food restaurants. In addition, all such standard restaurants, carry-out restaurants, and fast-food restaurants are subject to the applicable provisions of Chapter 19 of this Code, Food. Such mixed-use stations shall be subject to Section 50-13-173 through Section 50-13-180 of this Code with respect to lot size, lot width, lot coverage, and other intensity and dimensional standards.
(Code 1984, § 61-12-184; Ord. No. 11-05, § 1(61-12-184), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-184), eff. 12-6-2005)
Sec. 50-12-255. - Alternative fuel filling stations; accessory fueling sites.
(a)
In addition to gasoline and diesel fuel, motor vehicle filling stations may provide alternative fuels to power motor vehicles subject to all applicable standards recited and cross-referenced in this subdivision.
(b)
Motor vehicle fueling sites that are closed to the public and that only service a fleet of vehicles related to a specific land use on the same zoning lot shall be considered "accessory" to the principal land use and not subject to the standards of this subdivision.
(Code 1984, § 61-12-185; Ord. No. 11-05, § 1(61-12-185), eff. 5-28-2005)
Sec. 50-12-256. - Motor vehicle filling stations; "locational suitability" defined.
The term "locational suitability" is the establishment of a proposed motor vehicle filling station on a corner lot at the intersection of two or more major thoroughfares, or of a major thoroughfare and a freeway, in accordance with the transportation designation on the future general land use map of the Master Plan of Policies.
(Code 1984, § 61-12-186; Ord. No. 11-05, § 1(61-12-186), eff. 5-28-2005)
Sec. 50-12-257. - Motor vehicle filling stations; establishment of a motor vehicle filling station possessing locational suitability.
Where the proposed motor vehicle filling station possesses locational suitability, a public hearing shall be scheduled by the Buildings, Safety Engineering, and Environmental Department, where required, in accordance with Article III, Division 7, of this chapter.
(Code 1984, § 61-12-187; Ord. No. 11-05, § 1(61-12-187), eff. 5-28-2005)
Sec. 50-12-258. - Motor vehicle filling stations; establishment of a motor vehicle filling station not possessing locational suitability.
A motor vehicle filling station may be established at a location other than the intersection of two or more major thoroughfares or of a major thoroughfare and a freeway, in accordance with the transportation designation on the future general land use map of the Master Plan of Policies, provided, that:
(1)
The proposed motor vehicle filling station shall be a minimum distance of 1,000 radial feet from any existing or approved motor vehicle filling station; and
(2)
A waiver of locational suitability has been obtained as provided in Section 50-12-259 through Section 50-12-261 of this Code.
(Code 1984, § 61-12-188; Ord. No. 11-05, § 1(61-12-188), eff. 5-28-2005)
Sec. 50-12-259. - Motor vehicle filling stations; procedure for exception to or variance from "locational suitability" requirement.
The following provisions shall apply for exceptions to, and variances from, "locational suitability" requirements:
(1)
Where a motor vehicle filling station is:
a.
Proposed at a location other than the intersection of two major thoroughfares, or of a major thoroughfare and a freeway; and
b.
Proposed a minimum distance of 1,000 radial feet from any existing or approved motor vehicle filling station, the applicant may request an exception to the "locational suitability" requirement from the Buildings, Safety Engineering, and Environmental Department. Such request shall be processed in accordance with Section 50-12-260 and Section 50-12-261 of this Code, whichever is applicable;
(2)
However, where a motor vehicle filling station is:
a.
Proposed at a location other than the intersection of two major thoroughfares, or of a major thoroughfare and a freeway; and
b.
Less than 1,000 radial feet from an existing or approved motor vehicle filling station, the use may only be considered by the Board of Zoning Appeals as a "locational variance," subject to the approval criteria specified in Section 50-4-121 of this Code. No public hearing shall be scheduled by the Board of Zoning Appeals until the qualifying petition, where required, has been filed and verified as a mandated by Section 50-12-260 of this Code.
(Code 1984, § 61-12-189; Ord. No. 11-05, § 1(61-12-189), eff. 5-28-2005)
Sec. 50-12-260. - Motor vehicle filling stations; procedure for exception to or variance from "locational suitability" requirement for sites within 300 radial feet of land zoned R1, R2, R3, R4, R5, R6, PD, or TM.
Where the proposed motor vehicle filling station does not possess locational suitability and where the zoning lot of the proposed site is less than 300 radial feet from land zoned R1, R2, R3, R4, R5, R6, PD, or TM, a qualifying petition is required and is subject to the following provisions:
(1)
Upon the applicant's request, the Buildings, Safety Engineering, and Environmental Department shall supply the applicant with a qualifying petition form;
(2)
The petition form shall be circulated in accordance with the Buildings, Safety Engineering, and Environmental Department's petition guidelines and shall contain the signatures of at least two-thirds of those persons owning, residing, or doing business within 500 radial feet of the outermost property lines of the proposed zoning lot for the motor vehicle filling station. For purposes of this section, joint owners, occupants or business operators of property within this radius shall not be entitled to more than one consent for each address;
(3)
Upon securing the required signatures, the applicant shall submit the signed petition to the Buildings, Safety Engineering, and Environmental Department, which shall verify such petition;
(4)
Where the Buildings, Safety Engineering, and Environmental Department determines that the total number of valid signatures represents at least two-thirds of those persons owning, residing, or doing business within 500 radial feet of the subject property, then the Department or the Board of Zoning Appeals shall hold a hearing to determine:
a.
Whether the locational prohibitions may be waived as provided for in Section 50-12-262 of this Code; and
b.
Whether the findings required in Article III, Division 7, of this chapter can be made as they relate to the establishment of a motor vehicle filling station at the subject location.
See also Section 50-12-125 of this Code.
(Code 1984, § 61-12-190; Ord. No. 11-05, § 1(61-12-190), eff. 5-28-2005)
Sec. 50-12-261. - Motor vehicle filling stations; procedure for exception to or variance from "locational suitability" requirement for sites farther than 300 radial feet from land zoned R1, R2, R3, R4, R5, R6, PD, or TM.
Where a zoning lot that is intended for use as a proposed motor vehicle filling station is farther than 300 radial feet as measured from the outermost property lines of land zoned R1, R2, R3, R4, R5, R6, residential PD or TM, a qualifying petition shall not be required.
(Code 1984, § 61-12-191; Ord. No. 11-05, § 1(61-12-191), eff. 5-28-2005)
Sec. 50-12-262. - Conditional use plus variance.
Wherever a gas station is a conditional use and requires a variance, Section 50-3-269 of this Code shall apply.
(Code 1984, § 61-12-192; Ord. No. 11-05, § 1(61-12-192), eff. 5-28-2005)
Sec. 50-12-263. - Motor vehicle filling stations; findings required for exception to or variance from "locational suitability" requirement.
Neither the Buildings, Safety Engineering, and Environmental Department shall grant an exception to, nor the Board of Zoning Appeals shall grant a variance from, the "locational suitability" requirements, unless all of the following findings are made:
(1)
The applicant has demonstrated public need for the proposal at the subject location that is evidenced by a market feasibility study or comparable documentation;
(2)
The proposal is consistent with the generalized proposed land use maps and text for the corresponding sector of the official Master Plan of Policies; and
(3)
The nearest intersection of two or more major thoroughfares, or a major thoroughfare and a freeway, is located:
a.
Outside a one-mile radius of the zoning lot proposed for the use; or
b.
Within a one-mile radius of the zoning lot proposed for the use, but separated from it by a significant barrier to vehicular traffic such as a freeway, railroad tracks, park, cemetery, river, canal or stream, thereby increasing the distance to the site to over one mile via travel on public streets.
(Code 1984, § 61-12-193; Ord. No. 11-05, § 1(61-12-193), eff. 5-28-2005)
Sec. 50-12-264. - Motor vehicle filling stations; Planning and Development Department review.
(a)
At least two working days prior to any public hearing, the Planning and Development Department shall submit a written report to the body that is hearing the case. The report shall be available for review and shall be incorporated into the record of the hearing. The report shall include, but not be limited to, the following:
(1)
The number of operating, approved, or recently closed motor vehicle filling stations with unextinguished land use rights that are within 1,200 radial feet of the proposed site;
(2)
Existing land use and zoning within 500 radial feet of the proposed site; and
(3)
Density and characteristics of traffic circulation in the area.
(b)
This section shall not apply when the proposed motor vehicle filling station possesses locational suitability and only one existing or approved motor vehicle filling station is located at such intersection.
(Code 1984, § 61-12-194; Ord. No. 11-05, § 1(61-12-194), eff. 5-28-2005)
Sec. 50-12-265. - Motor vehicle filling stations; site development standards.
(a)
Consistent with sound planning and in order to ensure site compatibility, site development standards for motor vehicle filling stations are specified in Section 50-12-266 through Section 50-12-275 of this Code. These standards shall apply in the following situations:
(1)
New construction;
(2)
Expansion of the gross floor area of any building on the zoning lot of an existing station by more than ten percent;
(3)
Alterations to any structure on the zoning lot of an existing station where a building permit is required, and the cost of such work exceeds 60 percent of the assessed valuation of the property; and
(4)
Reopening of a station after cessation of operation for six months.
(b)
As provided for in Article IV, Division 6, of this chapter, the appropriate review body may make administrative adjustments to any quantifiable standard in the case of uses subject to site plan review. The Buildings, Safety Engineering, and Environmental Department may make administrative adjustments to any quantifiable standard in cases of uses not subject to site plan review.
(Code 1984, § 61-12-195; Ord. No. 11-05, § 1(61-12-195), eff. 5-28-2005)
Sec. 50-12-266. - Motor vehicle filling stations; dimensional standards.
The minimum lot width and lot area requirements, the lot coverage requirement, building and equipment setbacks, and maneuvering area requirements are specified in Section 50-13-174 through Section 50-13-180 of this Code. For purposes of this chapter, a "pump island" shall be considered a fueling position where not more than two vehicles may be fueled simultaneously.
(Code 1984, § 61-12-196; Ord. No. 11-05, § 1(61-12-196), eff. 5-28-2005)
Sec. 50-12-267. - Motor vehicle filling stations; equipment enclosure and screening and landscaping.
(a)
Hydraulic hoists, pits, and all lubrication, greasing, automobile washing, or repairing equipment shall be entirely enclosed within a building.
(b)
Any such building, or portion of a building, which faces, abuts, or is adjacent to, or across an alley from, land zoned R1, R2, R3, R4, R5, R6, residential PD, or TM, shall comply with the screening and landscaping requirements of Article XIV, Division 2, of this chapter.
(Code 1984, § 61-12-197; Ord. No. 11-05, § 1(61-12-197), eff. 5-28-2005; Ord. No. 44-06, § 1(61-12-197), eff. 12-21-2006)
Sec. 50-12-268. - Motor vehicle filling stations; ingress and egress.
(a)
Driveway openings shall be limited to major and secondary thoroughfares and freeway service drives only. The number of driveway openings that service a motor vehicle filling station shall conform to the following, with the exception of motor vehicle filling stations located on designated Traditional Main Streets, along which not more than two driveway/curb cuts are allowed from the Traditional Main Street:
(b)
The design and location of driveway openings shall be subject to the approval of the Department of Public Works, Traffic Engineering Division.
(Code 1984, § 61-12-198; Ord. No. 11-05, § 1(61-12-198), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-198), eff. 12-6-2005; Ord. No. 23-13, § 1(61-12-198), eff. 8-28-2013)
Sec. 50-12-269. - Motor vehicle filling stations; paving.
The site shall be paved with a permanent surface of concrete or asphaltic cement, and shall be graded and drained in accordance with Chapter 8, Article V, of this Code, Plumbing Code, so as to dispose of all surface water. Any unpaved areas of the site shall be landscaped in accordance with Section 50-14-326 of this Code.
(Code 1984, § 61-12-199; Ord. No. 11-05, § 1(61-12-199), eff. 5-28-2005)
Sec. 50-12-270. - Motor vehicle filling stations; screening and landscaping.
(a)
In general. A landscaped area, that measures not less than 150 square feet, shall be provided at the intersection of two lot lines at a street corner. Where not located on a corner lot, the 150-square-foot landscaped area shall surround the base of the primary business sign. In addition, the site shall be screened and landscaped in accordance with Article XIV, Division 2, of this chapter.
(b)
Traditional Main Street Overlay Areas. For gas stations located on a zoning lot abutting a Traditional Main Street, the principal building rather than a landscaped area must be placed at the corner. Additionally, on lots abutting a Traditional Main Street, parking areas, vehicular circulation lanes, or pump queuing areas that are adjacent to a public sidewalk shall be screened with a landscape buffer strip with a minimum width of five feet between the vehicular area and the sidewalk. The landscape buffer strip shall include:
(1)
A wall that forms a continuous screen at least 30 inches, but not more than 36 inches, in height. The screen wall shall be protected with appropriate curbs and bollards, in compliance with Section 50-14-449(a)(2) of this Code. The wall shall be:
a.
A brick wall;
b.
A masonry wall with brick facing;
c.
A concrete wall with brick design;
d.
A stone wall; or
e.
Other opaque wall which, in the determination of the Planning and Development Department, is both suitable for the site and compatible with, and similar to, the building frontages nearest the motor vehicle filling station.
(2)
A combination of evergreen and deciduous vegetation, including trees, shrubs, and groundcover.
a.
Trees. At least one tree shall be provided in the buffer strip for each 30 linear feet of landscape buffer. Trees must have a minimum nonpaved planting area of 18 square feet, with a minimum depth of five feet. Trees provided to meet the standards of this subsection shall not be planted more than 50 feet apart. (See Figure 50-14-341(1)a.)
b.
Shrubs. At least one shrub shall be provided per 20 square feet of landscaped area.
c.
All landscaping shall comply with the standards in Article XIV, Division 2, Subdivision B, of this chapter.
(3)
In instances where it is not practical to provide a five-foot landscaped buffer strip, just the screen wall may be provided without the additional landscaping, provided the screen wall includes additional design features such as decorative caps, subject to review and approval by the Planning and Development Department.
(Code 1984, § 61-12-200; Ord. No. 11-05, § 1(61-12-200), eff. 5-28-2005; Ord. No. 23-13, § 1(61-12-200), eff. 8-28-2013)
Sec. 50-12-271. - Motor vehicle filling stations; lighting.
The following lighting requirements for gas stations shall apply:
(1)
All light sources, including canopy, perimeter, and flood lighting shall be stationary and shielded or recessed within the roof canopy so that light is deflected away from adjacent properties and public rights-of-way;
(2)
Lighting shall not be of such a high intensity as to cause a traffic hazard or adversely affect adjoining properties;
(3)
Luminaries shall not be higher than 15 feet above established grade; and
(4)
Internally illuminated gas station canopies are prohibited where located on a zoning lot abutting a Traditional Main Street.
(Code 1984, § 61-12-201; Ord. No. 11-05, § 1(61-12-201), eff. 5-28-2005; Ord. No. 23-13, § 1(61-12-201), eff. 8-28-2013)
Sec. 50-12-272. - Motor vehicle filling stations; signs.
The following standards and requirements shall apply to signs for motor vehicle filling stations.
(1)
All building walls and fences, or walls that surround the property, shall be kept clean and free from all banners, posters, advertising materials, temporary signage, and graffiti.
(Code 1984, § 61-12-202; Ord. No. 11-05, § 1(61-12-202), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)
Sec. 50-12-273. - Motor vehicle filling stations; refuse storage areas.
The following requirements for refuse storage areas at gas stations shall apply:
(1)
All outdoor trash receptacles, except those that are intended for customer use, shall be located within an enclosure which is not less than six feet in height, be constructed of the same materials as the building's masonry walls or of the screen wall, and have opaque gates of the same height; and
(2)
Trash receptacles for customer use shall be provided at each pump island and at the customer entrance to the building.
(Code 1984, § 61-12-203; Ord. No. 11-05, § 1(61-12-203), eff. 5-28-2005)
Sec. 50-12-274. - Motor vehicle filling stations; outdoor sales and display of merchandise.
All retail activities and sales must be conducted entirely within an enclosed building, except as follows:
(1)
The display of merchandise may be offered for customer convenience on any pump island, provided, that the aggregated display area on each island does not exceed 12 square feet; and
(2)
Motor vehicle products may be displayed along the front of the building and within 36 inches of the building if such display is limited to not more than five feet in height and not more than ten feet in length.
(Code 1984, § 61-12-204; Ord. No. 11-05, § 1(61-12-204), eff. 5-28-2005; Ord. No. 37-17, § 1(61-12-204), eff. 2-6-2018)
Sec. 50-12-275. - Permits and licenses of other agencies.
Whenever a license or permit is required by a state, or federal agency, then obtaining and maintaining said license or permit shall be deemed a use regulation under this article for motor vehicle filling stations. Obtaining and maintaining an annual license from the Buildings, Safety Engineering, and Environmental Department Business License Center, as provided for in Chapter 18 of this Code, Fire Prevention and Protection, shall be deemed a use regulation under this article for motor vehicle filling stations.
(Code 1984, § 61-12-205; Ord. No. 11-05, § 1(61-12-205), eff. 5-28-2005)
Sec. 50-12-291. - Motor vehicles, new or used; storage lot accessory to a salesroom or sales lot for new or used motor vehicles.
Storage lots accessory to a salesroom or sales lot for new or used motor vehicles shall be subject to the following:
(1)
Such storage lots for motor vehicle salesrooms or sales lots exclude use as "towing service storage yards" as defined in Section 50-16-402 of this Code;
(2)
Any portion of such storage lots designed or used for the storage of commercial vehicles or semi-trucks shall be located a minimum of 250 radial feet from any lot zoned R1, R2, R3, R4, R5, R6, or residential PD;
(3)
All used motor vehicles for sale shall be in operable condition;
(4)
All outdoor areas shall be either landscaped, in accordance with Article XIV, Division 2, Subdivision B, of this chapter, or paved;
(5)
All lighting shall be directed so as not to shine upon land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(6)
The premises shall have proper curb cuts for entrances and exits; and
(7)
The premises shall be screened by six-foot-high opaque walls where adjacent to, or across an alley from, land zoned R1, R2, R3, R4, R5, R6, or residential PD, in accordance with Section 50-14-367 of this Code.
(Code 1984, § 61-12-211; Ord. No. 11-05, § 1(61-12-211), eff. 5-28-2005; Ord. No. 04-12, § 1(61-12-211), eff. 3-30-2012; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-292. - Motor vehicles, new, salesroom or sales lot.
Salesrooms or sales lots for new motor vehicles shall be subject to the following provisions:
(1)
The premises shall be located on a major or secondary thoroughfare as indicated in the Master Plan;
(2)
The premises shall be screened by six-foot-high opaque walls where adjacent to, or across and alley from, land zoned R1, R2, R3, R4, R5, R6, or residential PD, in accordance with Section 50-14-367 of this Code;
(3)
All lighting shall be directed so as not to shine upon land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(4)
All outdoor areas shall be either landscaped, in accordance with Article XIV, Division 2, Subdivision B, of this chapter, or paved;
(5)
The premises shall have proper curb cuts for entrances and exits; and
(6)
Accessory service facilities and the sale of used motor vehicles shall be permitted as an accessory use. In the event of cessation of new motor vehicle sales, said accessory uses may not continue, except upon issuance of a permit for said uses as the principal use of the land, which is subject to a conditional use public hearing where such is specified in the zoning district's use lists.
See Section 50-12-517 of this Code for additional regulations of accessory uses.
(Code 1984, § 61-12-212; Ord. No. 11-05, § 1(61-12-212), eff. 5-28-2005)
Sec. 50-12-293. - Motor vehicles, used, salesroom or sales lot.
Salesrooms or sales lots for used motor vehicles shall be subject to the following:
(1)
The facility shall be adequate in size for the display and sale of not fewer than 12 used motor vehicles; all display spaces shall measure not less than nine feet by 20 feet, exclusive of unusable space and drives or aisles which give access to the space; and aisle ways that adjoin display spaces shall comply with the dimensional standards for width as specified in Section 50-14-232 of this Code;
(2)
All used motor vehicles for sale shall be in operable condition;
(3)
All outdoor areas shall be either landscaped, in accordance with Article XIV, Division 2, Subdivision B, of this chapter, or paved;
(4)
All lighting shall be directed so as not to shine upon land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(5)
The premises shall have proper curb cuts for entrances and exits;
(6)
The premises shall be screened by six-foot-high opaque walls where adjacent to, or across an alley from, land zoned R1, R2, R3, R4, R5, R6, or residential PD in accordance with Section 50-14-367 of this Code;
(7)
A suitable building of a permanent nature shall be erected that has at least 200 square feet of gross floor area, is constructed of wood, masonry or other approved building material, and sits on a proper foundation;
(8)
Vehicle preparation shall be permitted as an accessory use at the time of establishment of the used motor vehicle salesroom or sales lot, provided, that light duty vehicle service establishments on the premises of the used motor vehicle salesroom or sales lot shall only be permitted upon issuance of a permit for the service facilities as a principal land use in conjunction with the salesroom or sales lot, which is subject to a conditional use public hearing where such is specified in the zoning districts use lists for said service facilities and, further provided, that light duty vehicle repair establishments are prohibited on the premises of a used motor vehicle salesroom or sales lot;
(9)
All used motor vehicle salesrooms or sales lots shall be licensed in accordance with Chapter 41, Article VI, Division 2, of this Code, Used Motor Vehicle Dealers;
(10)
In the SD4 District, used motor vehicle sales are prohibited, except where incidental and accessory to a new car dealership;
(11)
Used tire sales are prohibited on the premises of a used motor vehicle salesroom or sales lot;
(12)
All used motor vehicle salesrooms or sales lot shall be established and located along a major thoroughfare only, as identified in the Detroit Master Plan of Policies; and
(13)
It is unlawful for any used motor vehicle salesroom or sales lot to display motor vehicles on the berm, sidewalk, or elsewhere in the public right-of-way.
(Code 1984, § 61-12-213; Ord. No. 11-05, § 1(61-12-213), eff. 5-28-2005; Ord. No. 26-12, § 1(61-12-213), eff. 11-21-2012; Ord. No. 13-16, § 1(61-12-213), eff. 5-20-2016; Ord. No. 2020-12, § 1, eff. 12-9-2020; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-294. - Light duty vehicle repair establishment.
Light duty vehicle repair establishments shall be subject to the following:
(1)
All vehicle repairs shall be conducted entirely within an enclosed building;
(2)
The premises shall be screened by six-foot high opaque walls where adjacent to, or across an alley from, land zoned R1, R2, R3, R4, R5, R6, or residential PD in accordance with Section 50-14-367 of this Code. The walls shall have no openings, except for one secondary, pedestrian exit door of minimum requirements, where mandated by the Fire Marshal;
(3)
All open storage of vehicles awaiting repairs or service shall be enclosed by an opaque wall of masonry construction that is six feet in height and maintained in a neat and orderly fashion at all times;
(4)
All lighting shall be directed so as not to shine upon land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(5)
All outdoor areas shall be either landscaped, in accordance with Article XIV, Division 2, Subdivision B, of this chapter, or paved;
(6)
Light duty vehicle repair is prohibited on the premises of a used motor vehicle salesroom or sales lot;
(7)
There shall be no external evidence of the service operations in the form of dust, odors, or noise beyond the interior of the service building; and
(8)
Light duty vehicle repair establishments are prohibited on any zoning lot abutting a designated Gateway Radial Thoroughfare, or anywhere within the Central Business District; this regulation is not appealable to the Board of Zoning Appeals.
(Code 1984, § 61-12-214; Ord. No. 11-05, § 1(61-12-214), eff. 5-28-2005; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-295. - Light duty vehicle service establishment.
Light duty vehicle service establishments shall be subject to the following:
(1)
All vehicle services shall be conducted entirely within an enclosed building;
(2)
The premises shall be screened by six-foot high opaque walls where adjacent to, or across an alley from, land zoned R1, R2, R3, R4, R5, R6, or residential PD in accordance with Section 50-14-367 of this Code. Said walls shall have no openings, except for one secondary, pedestrian exit door of minimum requirements, where mandated by the Fire Marshal;
(3)
All lighting shall be directed so as not to shine upon land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(4)
All outdoor areas shall be either landscaped, in accordance with Article XIV, Division 2, Subdivision B, of this chapter, or paved;
(5)
The sale or rental of used motor vehicles, and the storage of such vehicles incidental to their sale, is prohibited on the premises of a light duty vehicle service establishment, except upon issuance of a permit for such sale, rental, or storage in conjunction with the vehicle service facility, which is subject to a conditional use public hearing, where such is specified in the zoning districts use lists for said sales, rental, or storage;
(6)
There shall be no external evidence of the service operations in the form of dust, odors, or noise beyond the interior of the service building; and
(7)
Light duty vehicle service establishments at which customers are not required to exit their vehicles, such as at quick oil change facilities, shall be subject to the vehicle stacking provisions of Section 50-14-202 and Section 50-14-203 of this Code.
(Code 1984, § 61-12-215; Ord. No. 11-05, § 1(61-12-215), eff. 5-28-2005; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-295.1. - Medium/heavy duty vehicle or equipment repair establishment.
Medium/heavy duty vehicle or equipment repair establishments shall be subject to the following:
(1)
All vehicle services and repairs shall be conducted entirely within an enclosed building;
(2)
The premises shall be screened by six-foot high opaque walls where adjacent to, or across an alley from, land zoned R1, R2, R3, R4, R5, R6, or residential PD in accordance with Section 50-14-367 of this Code. Such walls shall have no openings, except for one secondary, pedestrian exit door of minimum requirements, where mandated by the Fire Marshal;
(3)
All open storage of vehicles awaiting repairs or service shall be enclosed by an opaque wall of masonry construction that is six feet in height and maintained in a neat and orderly fashion at all times;
(4)
All lighting shall be directed so as not to shine upon land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(5)
All outdoor areas shall be either landscaped, in accordance with Article XIV, Division 2, Subdivision B, of this chapter, or paved;
(6)
The sale or rental of used motor vehicles, and the storage of such vehicles incidental to their sale, is prohibited on the premises of a medium/heavy duty vehicle or equipment repair establishment, except upon issuance of a permit for such sale, rental, or storage in conjunction with the repair facility, which is subject to a conditional use public hearing, where such is specified in the zoning districts use lists for said sales, rental, or storage; and
(7)
There shall be no external evidence of the service operations in the form of dust, odors, or noise beyond the interior of the service building.
(Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-296. - Motor vehicle washing and steam cleaning.
Motor vehicle washing and steam cleaning shall be subject to the following requirements:
(1)
The lot to be built upon shall be located on a street designated as a major or secondary thoroughfare and all means of vehicular ingress and egress shall be located on a major or secondary thoroughfare, and not from an adjoining residential street or alley. A residential street or alley shall not be used as a maneuvering or parking area for vehicles using the facility;
(2)
All portions of each area designed or used for the washing of motor vehicles shall be located a minimum of 25 feet from the boundaries of residential zoning districts;
(3)
A hard surfaced driveway of one or more lanes shall be constructed on the property in such manner as to provide for a continuous movement of vehicles into the wash-rack (See Figure 50-12-296 and Section 50-14-202 of this Code):
a.
The driveway so provided shall be not less than ten feet wide for a single lane and not less than ten additional feet in width for each additional lane;
b.
Where only a single lane is provided, the lane shall be used for no other purpose than to provide access to the wash-rack. All lanes provided shall be suitably protected from incursions of other traffic;
c.
The total length of the required stacking lanes so provided shall be determined by the overall length of the wash line, measured from the point that mechanical washing or cleaning begins, to the end of the mechanical washing or drying operation. In any development where the washing operation moves in other than a straight line, the length of the building or wash line for purposes of this section shall be the distance measured along the center-line of the conveyor or wash line. The greater of the above measurements shall be used in the determination of the length of the required lane or lanes. The overall length of the required lane or lanes, as measured along the center-line, shall be determined in accordance with the following formula: Where the building or total length of all wash lines is 80 feet or less in overall length, the total required lane or lanes exclusive of the wash line shall be not less than 200 feet in length. Where the building or total length of all wash lines exceed 80 feet in length, the length of the required lane or lanes exclusive of the wash line shall be increased 20 feet for each ten feet, or fraction thereof, by which the building or wash lines exceed 80 feet in overall length;
d.
Not fewer than two stacking spaces, which measure ten feet by 20 feet, shall be provided for each stall at a self-service/customer-operated car wash. In addition, one stacking space shall be provided between the vehicle exit door and the point of vehicular egress to the right-of-way;
e.
Not fewer than two stacking spaces, which measure ten feet by 20 feet, shall be provided for each designated wash area at a "hand car wash";
f.
The premises shall be screened by six-foot-high opaque walls where adjacent to land zoned R1, R2, R3, R4, R5, R6, or residential PD, in accordance with Section 50-14-367 of this Code;
(4)
A barrier, that is a minimum of 18 inches in height, shall be constructed and maintained on all lot lines within nine feet of a required stacking lane, except where the above required masonry wall is constructed on the lot line;
(5)
The operating equipment shall be located or buffered so as to prevent unreasonably high noise levels at any point on the property boundary;
(6)
Permitted hours of operation shall be from 7:00 a.m. to 10:00 p.m.;
(7)
There shall be no aboveground outdoor storage/dispensing tanks on the site;
(8)
All washing activities shall be conducted within an enclosed structure, except for a designated wash area for not more than one tall vehicle. Customer-operated "car washes" are exempt from this provision;
(9)
Vacuuming activities shall be at least 25 feet from any lot line, except where the property abuts a residential zoning district, in which case a 50-foot separation shall be maintained;
(10)
All drains shall be properly connected to a public sewer system;
(11)
Such uses shall be graded and drained in conformance with the requirements of Chapter 8, Article V, of this Code, Plumbing Code, so as to dispose of all surface water accumulation within the parking area;
(12)
Motor vehicle washing and steam cleaning facilities are also subject to Chapter 9 of this Code, Car Washes;
(13)
In the B4 District, motor vehicle washing and steam cleaning establishments shall not be permitted on any zoning lot abutting a designated Gateway Radial Thoroughfare; and
(14)
As may be required, landscaping shall be provided in accordance with Article XIV, Division 2, of this chapter.
Figure 50-12-296
(For Informational Purposes Only)
Motor Vehicle Washing and Steam Cleaning Establishments
(Code 1984, § 61-12-216; Ord. No. 11-05, § 1(61-12-216), eff. 5-28-2005)
Sec. 50-12-297. - Motorcycle sales, rental, or service establishments.
Motorcycle sales, rental, or service establishments are subject to the following requirements:
(1)
It shall be unlawful to engage in the business of renting motorcycles within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD. This requirement may be waived by the Buildings, Safety Engineering, and Environmental Department where the applicant secures in writing the consent of two-thirds of the persons owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as "unimproved," within 500 feet of the applicant's proposed location.
(2)
The petition provisions of Section 50-12-125 of this Code shall also apply.
(3)
Motorcycle rental facilities are subject to the licensing provisions of Chapter 47, Article VI, Division 2, of this Code.
(Code 1984, § 61-12-217; Ord. No. 11-05, § 1(61-12-217), eff. 5-28-2005; Ord. No. 01-10, § 1(61-12-217), eff. 4-1-2010; Ord. No. 37-17, § 1(61-12-217), eff. 2-6-2018)
Sec. 50-12-298. - Office, business or professional.
(a)
In the PC District, only public offices may be permitted.
(b)
In the MKT District, office uses:
(1)
Are permissible conditionally where located in newly-constructed buildings, or in the expanded area of an existing building if the expansion comprises more than 200 percent of the area of the first floor of the building; and
(2)
Are permissible by-right where located in an existing building, or in the expanded area of an existing building if the expansion comprises not more than 200 percent of the area of the first floor of the building.
(Code 1984, § 61-12-218; Ord. No. 11-05, § 1(61-12-218), eff. 5-28-2005; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-299. - Parking lots or parking areas.
The definitions for commercial parking, accessory parking, and remote accessory parking are specified in Section 50-16-341 of this Code. Parking lots shall be subject to the following provisions:
(1)
Parking lots are limited to the parking of operable private passenger vehicles and the accessory parking of other vehicles associated with a land use to which the parking lot is accessory. All such vehicles shall bear current and valid license plates;
(2)
No parking lot or parking area may be used as a towing service storage yard as defined in Section 50-16-402 of this Code;
(3)
No permit is required for accessory parking on the same zoning lot as the use to which the parking is accessory. A permit from the Buildings, Safety Engineering, and Environmental Department is required for any commercial parking lot or remote accessory parking lot, and for any accessory parking lot that is located on a zoning lot separate from the principal use;
(4)
Commercial parking lots must be licensed by the Buildings, Safety Engineering, and Environmental Department Business License Center as provided for in Chapter 32, Article I, of this Code, Off-Street Parking;
(5)
Vending on parking lots that are licensed for commercial parking is prohibited as provided for in Section 32-1-18 of this Code;
(6)
Vending on parking lots or parking areas that are not licensed for commercial parking is prohibited, except as provided for in Section 50-12-557 of this Code;
(7)
No commercial parking lot shall be located within 1,000 radial feet of any stadium or sports arena, except on land that, on August 13, 1999:
a.
Was vacant; or
b.
For which the most recently recorded permitted use was for parking purposes;
(8)
Parking lots and parking areas shall conform to:
a.
The specifications for "Accessible Parking for Physically Disabled Persons" as provided for in Article XIV, Division 1, Subdivision G, of this chapter;
b.
The "Off-Street Parking Area Design" standards for "Off-Street Parking Areas" as provided for in Article XIV, Division 1, Subdivision I, of this chapter; and
c.
The "Landscaping and Screening" standards for "Off-Street Parking Areas" as provided for in Article XIV, Division 2, Subdivision C, of this chapter; and
(9)
In addition, the following specific standards shall apply for the zoning districts that are specified (see Figure 50-12-299(9)):
a.
Districts R1—R2. A parking lot may be allowed when accessory to any non-residential use permitted in the subject district, and where located on a separate zoning lot and not involving any trade, business, profession, or occupation;
b.
Districts R1—R3. Where a zoning lot abuts, or is separated by an alley or easement along its side zoning lot line from a business or industrial zoning district, a parking lot may be allowed provided, that it does not exceed 70 feet in width and not more than 8,500 square feet in area. Any off-street parking spaces so furnished may be considered as supplying either required or surplus off-street parking facilities for new, converted, or expanded uses;
c.
Districts R3—R4. A parking lot shall be allowed only when accessory to uses permitted in the subject zoning district, where located on a separate zoning lot, and where not involving any trade, business, profession, or occupation;
d.
Districts R1—R3. A parking lot may be permitted on land designated non-residential on the generalized land use plan of the Master Plan;
e.
Districts B2 and B4. A lot for commercial parking, which abuts a designated Gateway Radial Thoroughfare, may be permitted as a conditional use only; however, accessory parking is permitted by right;
f.
District P1. Parking lots shall conform to:
1.
The specifications for accessible parking for physically disabled persons as provided for in Article XIV, Division 1, Subdivision G, of this chapter;
2.
The off-street parking area design standards as provided for in Article XIV, Division 1, Subdivision I, of this chapter; and
3.
The landscaping and screening standards for off-street parking areas as provided for in Article XIV, Division 2, Subdivision C, of this chapter.
Figure 50-12-299(9)
(For Informational Purposes Only)
Off-Street Parking Areas on Land Zoned R1, R2 or R3
(Code 1984, § 61-12-219; Ord. No. 11-05, § 1(61-12-219), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-219), eff. 12-6-2005; Ord. No. 04-12, § 1(61-12-219), eff. 3-30-2012; Ord. No. 38-14, § 1(61-12-219), eff. 10-16-2014)
Sec. 50-12-300. - Body art facilities.
Body art facilities shall be subject to licensing by the Buildings, Safety Engineering, and Environmental Department Business License Center under Chapter 20, Article III, of this Code, Health.
(Code 1984, § 61-12-236; Ord. No. 11-05, § 1(61-12-236), eff. 5-28-2005; Ord. No. 01-10, § 1(61-12-236), eff. 4-1-2010; Ord. No. 37-17, § 1(61-12-236), eff. 2-6-2018)
Sec. 50-12-301. - Parking structures.
Parking structures shall be subject to the following provisions:
(1)
The dimensions of parking spaces in a parking structure shall be nine feet by 20 feet as specified in Section 50-14-231 of this Code, except that not more than 20 percent of the total number of spaces may be striped to smaller dimensions, provided, that all such spaces are located in those areas of the structure most remote from street-level ingress and egress and from direct access points to adjacent buildings. No other administrative adjustment of parking space dimensions may be granted;
(2)
Parking structures shall conform to the specifications for accessible parking for physically-disabled persons as provided for in Section 50-14-182 through Section 50-14-186 of this Code. In addition, the minimum height clearance shall be 98 inches for van accessibility;
(3)
In the B5, PC, and PCA Districts, a parking structure shall be permitted by-right if at least 30 percent of the ground floor level façade abutting a public street is dedicated to commercial space or other space oriented to pedestrian traffic. Otherwise, a parking structure may only be permitted as a conditional use;
(4)
In the SD1 and SD2 Districts, a parking structure may be permitted as a conditional use if at least 60 percent of the ground floor level façade abutting a public street is dedicated to commercial space or other space oriented to pedestrian traffic;
(5)
Parking structures shall be subject to site plan review as provided for in Section 50-3-113(1)f of this Code; and
(6)
In the MKT District, parking structures are conditionally permissible if at least 30 percent of the ground floor level façade abutting a public street is dedicated to commercial space or other space oriented to pedestrian traffic.
(Code 1984, § 61-12-220; Ord. No. 11-05, § 1(61-12-220), eff. 5-28-2005; Ord. No. 23-14, § 1(61-12-220), eff. 7-24-2014; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-302. - Pawnshops.
Pawnshops shall be subject to the following requirements:
(1)
Pawnshops are prohibited in all zoning districts within the Central Business District;
(2)
In the B4 District, pawnshops are prohibited on zoning lots abutting designated Gateway Radial Thoroughfares;
(3)
Pawnshops are subject to the regulated use provisions of Article III, Division 8, of this chapter; and
(4)
Pawnbrokers are subject to the licensing provisions of Chapter 41, Article II, of this Code, Secondhand Goods.
(Code 1984, § 61-12-221; Ord. No. 11-05, § 1(61-12-221), eff. 5-28-2005)
Sec. 50-12-303. - Pet shops.
Pet shops shall be subject to the following provisions:
(1)
Pet shops are subject to the licensing provisions of Chapter 6, Article VII, of this Code, Animal Care, Control, and Regulation; and
(2)
Commercial kennel facilities shall be governed separately by Section 50-12-229 of this Code.
(Code 1984, § 61-12-222; Ord. No. 11-05, § 1(61-12-222), eff. 5-28-2005)
Sec. 50-12-304. - Precious metal and gem dealers.
Precious metal and gem dealers are subject to the regulated use provisions of Article III, Division 8, of this chapter and shall be subject to the following provisions:
(1)
Such uses shall comply with the licensing provisions of Chapter 41, Article III, of this Code, Secondhand Goods; and
(2)
Such uses shall not be permitted in the B4 District on any zoning lot abutting a designated Gateway Radial Thoroughfare.
(Code 1984, § 61-12-233; Ord. No. 11-05, § 1(61-12-233), eff. 5-28-2005; Ord. No. 24-08, § 1(61-12-233), eff. 11-1-2008)
Sec. 50-12-305. - Pool halls.
Pool halls are subject to the licensing provisions of Chapter 5, Article IX, of this Code, Amusements and Entertainments. The petition provisions of Section 50-3-442 of this Code shall apply in those districts where pool or billiard halls are a controlled use in order to waive the prohibition of pool halls within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD. See Article III, Division 9, of this chapter for the controlled use regulations.
(Code 1984, § 61-12-223; Ord. No. 11-05, § 1(61-12-223), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-223), eff. 5-29-2005)
Sec. 50-12-306. - Private clubs, lodges, or similar uses.
Private clubs and lodges, and similar uses, shall be subject to the following provisions:
(1)
Private clubs, lodges, and similar uses without assembly halls are permitted in the R4, R5, R6, B1, B2, B3, B4, B5, B6, M1, M2, M3, M4, PCA, TM, SD1, and SD2 Districts;
(2)
Such uses with assembly halls are only permitted in the B4, B5, B6, M1, M2, M3, M4, and TM Districts;
(3)
Such uses that rent, lease, or loan space for the purpose of public assembly, banquets, luncheons, entertainment or sports events, whether such assemblies are public or private or subject to an admission fee, are permitted only in those zoning districts where "rental halls" are permitted. Such rental facilities may be subject to the petition requirements of Section 50-12-125 of this Code. Such rental facilities are subject to the licensing requirements of Chapter 38 of this Code, Rental Halls and Banquet Facilities;
(4)
No private club, lodge, or similar use shall be licensed by the Michigan Liquor Control Commission for consumption of alcoholic liquor on the premises until the Buildings, Safety Engineering, and Environmental Department shall have approved a change of use for the premises to a Group B Cabaret as defined in Section 50-16-222 of this Code; such clubs that are licensed by the MLCC for consumption on the premises are only permitted in the B3, B4, B5, B6, M1, M2, M3, M4, PCA, TM, SD1, SD2, and SD4 Districts;
(5)
Motorcycle clubs, as defined in Section 50-16-303 of this Code, shall be prohibited within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD. Said prohibition shall be waived upon presentation to the Buildings, Safety Engineering, and Environmental Department of a verified petition requesting such waiver, signed by two-thirds of those persons owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as "unimproved," within 500 feet of the proposed location; and
(6)
In the R4, R5, and R6 Districts, only those private clubs and lodges recognized by the Internal Revenue Service as holding non-profit, tax-exempt status are permitted.
(Code 1984, § 61-12-224; Ord. No. 11-05, § 1(61-12-224), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-224), eff. 5-29-2005; Ord. No. 37-17, § 1(61-12-224), eff. 2-6-2018)
Sec. 50-12-307. - Rebound tumbling centers.
Rebound tumbling centers are subject to the following requirements:
(1)
Accessory parking areas shall be provided in accordance with Article XIV, Division 1, of this chapter;
(2)
Ingress or egress shall be only from the principal, or busier, street as determined by the Planning and Development Department;
(3)
Loudspeakers or public address systems may be used only for control purposes, shall play no music, and shall be removed where, in the opinion of the Buildings, Safety Engineering, and Environmental Department, such operation constitutes a nuisance;
(4)
No rebound tumbling apparatus, or part thereof, shall be located within 100 feet of any property zoned in a residential district classification;
(5)
Permitted hours of operation shall be 8:00 a.m. to 10:30 p.m., Monday through Saturday, and 12:00 noon to 10:30 p.m. Sunday;
(6)
Rebound tumbling centers are prohibited in the B4 District on zoning lots abutting designated Gateway Radial Thoroughfares;
(7)
It shall be unlawful to establish any rebound tumbling center within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD. Said prohibition shall be waived upon presentation to the Buildings, Safety Engineering, and Environmental Department of a verified petition requesting such waiver, signed by two-thirds of those persons owning, residing, or doing business within 500 feet of the proposed location;
(8)
Rebound tumbling centers shall be licensed by the Buildings, Safety Engineering, and Environmental Department Business License Center as provided in Chapter 5, Article XI, of this Code, Public Entertainments.
(Code 1984, § 61-12-225; Ord. No. 11-05, § 1(61-12-225), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-225), eff. 5-29-2005; Ord. No. 01-10, § 1(61-12-225), eff. 4-1-2010)
Sec. 50-12-308. - Recreation, indoor commercial and health club; recreation, outdoor commercial.
Indoor commercial recreation is prohibited in the R1, R2, R3, R4, R5, and R6 Districts, except where developed under the "school building adaptive reuses" provision as defined in Section 50-16-381 of this Code. Commercial recreation uses or activities are subject to the following requirements:
(1)
It shall be unlawful to establish any of the following uses within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD:
a.
Archery gallery, range, or school;
b.
Baseball batting practice net;
c.
Golf practice driving range, golf practice driving net, golf practice putting green, or golf school; and
d.
Track for bicycles, or velodromes, except where operated exclusively indoors.
Said prohibition shall be waived upon presentation to the Buildings, Safety Engineering, and Environmental Department of a verified petition requesting such waiver, signed by two-thirds of those persons owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as "unimproved," within 500 feet of the proposed location.
(2)
Archery ranges are subject to the licensing provisions of Chapter 5, Article XI, of this Code, Public Entertainments;
(3)
Baseball batting practice nets are subject to the licensing provisions of Chapter 5, Article XI, of this Code, Public Entertainments;
(4)
Bicycle tracks or velodromes are subject to the licensing provisions of Chapter 5, Article XI, of this Code, Public Entertainments, except where such licensing provisions conflict with the provisions of this section;
(5)
Bowling alleys are subject to the licensing provisions of Chapter 5, Article II, of this Code, Bowling Alleys;
(6)
Golf domes are not permitted in the SD2 District;
(7)
Golf schools are subject to the licensing provisions of Chapter 5, Article XI, of this Code, Public Entertainments;
(8)
Ice skating rinks are subject to the licensing provisions of Chapter 5, Article XI, of this Code, Public Entertainments;
(9)
Public bathhouses are subject to the licensing provisions of Chapter 20, Article VIII, of this Code, Public Bathhouses; and
(10)
Roller skating rinks are subject to the licensing provisions of Chapter 5, Article XI, of this Code, Public Entertainments.
(11)
Indoor commercial recreation facilities on land zoned B2 shall not exceed 10,000 square feet of gross floor area as specified in Section 50-9-46(16) of this Code; this regulation may not be waived by the Board of Zoning Appeals, and indoor commercial recreation facilities on land zoned B2 shall not contain a spectator seating area.
(Code 1984, § 61-12-226; Ord. No. 11-05, § 1(61-12-226), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-226), eff. 5-29-2005; Ord. No. 01-10, § 1(61-12-226), eff. 4-1-2010; Ord. No. 21-12, § 1(61-12-226), eff. 11-2-2012; Ord. No. 13-15, § 1(61-12-226), eff. 7-11-2015; Ord. No. 23-16, § 1(61-12-226), eff. 7-22-2016; Ord. No. 37-17, § 1(61-12-226), eff. 2-6-2018)
Sec. 50-12-309. - Rental halls.
Rental halls shall be subject to the following provisions:
(1)
Rental halls shall be prohibited within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD. Said prohibition shall be waived upon presentation to the Buildings, Safety Engineering, and Environmental Department of a verified petition requesting such waiver, signed by two-thirds of those persons owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as "unimproved," within 500 feet of the proposed location;
(2)
In the Central Business District, rental halls shall be prohibited within 1,000 feet of any other rental hall or public dance hall;
(3)
Rental halls are subject to the licensing requirements of Chapter 38 of this Code, Rental Halls and Banquet Facilities; and
(4)
Rental halls, not exceeding 3.000 square feet, are permitted by-right in the SD1 District. Rental halls that exceed 3,000 square feet are permitted on a conditional basis in SD1. This provision may not be waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-227; Ord. No. 11-05, § 1(61-12-227), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-227), eff. 5-29-2005; Ord. No. 01-10, § 1(61-12-227), eff. 4-1-2010; Ord. No. 13-11, § 1(61-12-227), eff. 8-23-2011; Ord. No. 38-14, § 1(61-12-227), eff. 10-16-2014; Ord. No. 37-17, § 1(61-12-227), eff. 2-6-2018; Ord. No. 18-18, § 1(61-12-227), eff. 8-30-2018; Ord. No. 20-19, § 1(61-12-227), eff. 8-7-2019)
Sec. 50-12-310. - Restaurants, carry-out and fast-food.
Carry-out restaurants and fast-food restaurants shall be located on a street designated as a major or secondary thoroughfare, and shall be subject to the spacing provisions of Section 50-12-132 of this Code and to the following provisions:
(1)
Points of vehicular ingress and egress shall be approved by the Department of Public Works, Traffic Engineering Division in accordance with Article VI of Chapter 43 of this Code, Streets, Sidewalks, and Other Public Places;
(2)
Except as provided in Subsection (5) of this section, food consumption upon the premises outside the restaurant building shall be prohibited, and, where deemed advisable by the enforcing official to assure compliance with this prohibition, the premises shall be properly posted with signs stating that the consumption of food, frozen desserts, or beverages within vehicles parked upon the premises is unlawful and that violators are subject to fines as prescribed by law. A minimum of two such signs shall be posted within the building near the checkout counter of the restaurant, and a minimum of four such signs shall be posted within the parking area so as to be clearly visible from all vehicles on the premises;
(3)
Drive-up, drive-through facilities may be provided in the B3, B4, and B5 Districts only where approved as conditional uses and subject to the provisions for vehicle stacking in Article XIV, Division 1, Subdivision H, of this chapter. Where practicable, there shall be at least one temporary vehicle stopping space after the delivery window so motorists may prepare themselves for a safe exit onto the public roadway;
(4)
Carry-out or fast-food restaurants with drive-up or drive-through facilities are prohibited on land zoned B2, PCA, SD1, or SD2. In addition, as provided in Section 50-9-112 of this Code, carry-out or fast-food restaurants are prohibited altogether on the Woodward Avenue Gateway Radial Thoroughfare unless located in a multi-story building having a mixed-use or multi-tenant development; the regulations contained in this subsection may not be waived by the Board of Zoning Appeals;
(5)
Designated outdoor eating areas accessory to fast-food restaurants, such as in a courtyard or on a roof or deck, may be provided in the B2, B3, B4 and B5 Districts only where approved as conditional uses. Such feature may be provided on a by-right basis in those other zoning districts where carry-out or fast-food restaurants are permitted by right. Designated outdoor eating areas shall be added to the gross floor area of the building for purposes of computing off-street parking requirements. Outdoor eating areas shall not be designated in required parking areas. Outdoor eating areas on the sidewalk or elsewhere in the right-of-way are prohibited except upon the recommendation of the Department of Public Works and subject to approval by City Council;
(6)
Any carry-out or fast-food restaurant that operates as a concert café or coffee house is subject to the licensing provisions of Chapter 5, Article V, of this Code, Coffee Houses and Concert Cafés;
(7)
In the B5 and PCA Districts:
a.
Any carry-out or fast-food restaurant that is located in a multi-story building and integrated into a mixed-use or multi-tenant development, rather than a single-use building, shall be a by-right use in the B5 and PCA Districts. Stand-alone carry-out or fast-food restaurants shall be a conditional use; and
b.
Any carry-out or fast-food restaurant that includes service which eliminates the need for the customer to enter the building shall be a conditional use;
(8)
In the PR District, carry-out or fast-food restaurants operated as concession stands under contract with the Recreation Department shall be permitted as accessory uses as provided for in Section 50-12-511(2) of this Code;
(9)
In the SD4 District, stand-alone carry-out or fast-food restaurants are prohibited, provided, that carry-out or fast-food restaurants may be permitted on a by-right basis when integrated in a mixed-use, multi-tenant development and without drive-up or drive-through facilities; and
(10)
See also Section 50-12-511 of this Code for applicable accessory use standards.
(Code 1984, § 61-12-228; Ord. No. 11-05, § 1(61-12-228), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-228), eff. 12-6-2005; Ord. No. 13-11, § 1(61-12-228), eff. 8-23-2011; Ord. No. 37-17, § 1(61-12-228), eff. 2-6-2018)
Sec. 50-12-311. - Restaurants, standard.
Standard restaurants shall be subject to the spacing provisions of Section 50-12-131 of this Code and to the following requirements:
(1)
Such uses may include the sale of beer or alcoholic liquor for consumption on the premises and shall not constitute a regulated use; however, in the SD1 District, any such restaurant that includes the sale of beer or intoxicating liquor for consumption on the premises and that is adjacent to or across an alley from a lot containing a single- or two-family dwelling, which is located on a street other than a major thoroughfare, may be permitted only as a conditional use.
(2)
Points of vehicular ingress and egress shall be determined by the Department of Public Works Traffic Engineering Division;
(3)
Except as provided in Subsection (5) of this section, food consumption upon the premises outside the restaurant shall be prohibited and, where deemed advisable by the enforcing official to assure compliance with this prohibition, the premises shall be properly posted with signs stating that the consumption of food, frozen desserts, or beverages within vehicles parked upon the premises is unlawful and that violators are subject to fines as prescribed by law. A minimum of two such signs shall be posted within the building near the checkout counter of the restaurant and a minimum of four such signs shall be posted within the parking area so as to be clearly visible from all vehicles on the premises;
(4)
Drive-up, drive-through facilities may be provided in the B3 and B4 Districts only where approved as conditional uses and subject to the provisions for vehicle stacking in Article XIV, Division 1, Subdivision H, of this chapter. Where practicable, there shall be at least one temporary vehicle stopping space after the delivery window so motorists may prepare themselves for a safe exit onto the public roadway. In accordance with Article IX and Article XI of this chapter, in the B2, PCA, SD1, SD2 and SD4 Districts, such drive-through facilities are prohibited; this regulation may not be waived by the Board of Zoning Appeals. In the M2, M3, M4 and TM Districts, such drive-through facilities are permitted by right, subject to the provisions of Article XIV, Division 1, Subdivision H, of this chapter. Standard restaurants with drive-up or drive-through facilities are prohibited on any zoning lot abutting a Gateway Radial Thoroughfare; this regulation may not be waived by the Board of Zoning Appeals;
(5)
Designated outdoor eating areas, such as in a courtyard or on a roof or deck, may be provided in the B2, B3, or B4 District only where approved as conditional uses, except in a Traditional Main Street Overlay Area, where outdoor eating areas that are on the front or in front of the building shall be permitted on a matter of right basis. Such feature may be provided on a by-right basis in those other zoning districts where standard restaurants are permitted by right. Designated outdoor eating areas shall be added to the gross floor area of the building for purposes of computing off-street parking requirements. Outdoor eating areas shall not be designated in required parking areas; and
(6)
Any standard restaurant operating as a coffee house is subject to the licensing provisions of Chapter 5, Article V, of this Code, Coffee Houses and Concert Cafés.
(Code 1984, § 61-12-229; Ord. No. 11-05, § 1(61-12-229), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-229), eff. 12-6-2005; Ord. No. 13-11, § 1(61-12-229), eff. 8-23-2011; Ord. No. 37-17, § 1(61-12-229), eff. 2-6-2018; Ord. No. 18-18, § 1(61-12-229), eff. 8-30-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-312. - Retail sales and personal service in multiple-residential structures, hotels, and motels.
Retail sales and personal service in certain multiple-residential structures, hotels, and motels shall be subject to the following provisions:
(1)
In order to provide urban amenities in a convenient and orderly manner for residents of medium-density and high-density residential areas, the following uses may be permitted as accessory uses in a multiple-family dwelling or a hotel or a motel that has at least 50 units:
a.
Barber or beauty shops;
b.
Cleaning or pressing shops;
c.
Coffee shops;
d.
Gift shops;
e.
Laundry pick-up stations;
f.
Photocopying, fax, computing offices;
g.
Tobacco or newspaper stands or shops; and
h.
Similar commercial uses.
(2)
These services are intended as a convenience for the residents of the building where they are permitted and for other residents within easy and convenient walking distance of these uses. The uses and applicable restrictions are as follows:
a.
There shall be no entrance to such place of business except from within the building;
b.
There shall be no advertising or display of said use visible from outside the building; and
c.
The retail sales or personal service use does not exceed 2,000 square feet in gross floor area.
(3)
Certain occupant-oriented retail sales and service uses are further subject to Section 50-12-514 of this Code.
(Code 1984, § 61-12-231; Ord. No. 11-05, § 1(61-12-231), eff. 5-28-2005; Ord. No. 37-17, § 1(61-12-231), eff. 2-6-2018)
Sec. 50-12-313. - Schools or studios of dance, gymnastics, music, art or cooking.
Dance studios shall be licensed in accordance with Chapter 5, Article VIII, of this Code, Dance Studios.
(Code 1984, § 61-12-232; Ord. No. 11-05, § 1(61-12-232), eff. 5-28-2005; Ord. No. 21-12, § 1(61-12-232), eff. 11-2-2012)
Sec. 50-12-314. - Specially designated distributor's (SDD) establishment or specially designated merchant's (SDM) establishment.
Specially designated distributor's (SDD) establishments and specially designated merchant's (SDM) establishments shall be subject to the following provisions:
(1)
See Section 50-16-384 of this Code for definitions;
(2)
For zoning purposes, a retail store licensed by this state to sell carry-out beer, wine, or liquor, that exceeds 15,000 square feet of gross floor area, shall not be considered an SDD or SDM, except as provided for in the definition;
(3)
In the event that such a retail store, that exceeds 15,000 square feet of gross floor area, is diminished to 15,000 or fewer square feet of gross floor area, for example by subdividing or subletting retail space, such diminution shall be deemed a "change of use," subject to the controlled use provisions of Article III, Division 9, of this chapter, and, depending on the zoning district, the conditional use provisions of Article III, Division 7, of this chapter. A public hearing may be required to effect such a change of use;
(4)
In the SD4 District, specially designated merchant's (SDM) establishments and specially designated distributor's (SDD) establishments are permitted when incidental to, accessory to, and on the same zoning lot as a multiple-family dwelling or loft development, that has not fewer than 50 dwelling units, or a hotel, that has not fewer than 50 guest rooms.
(Code 1984, § 61-12-234; Ord. No. 11-05, § 1(61-12-234), eff. 5-28-2005; Ord. No. 44-06, § 1(61-12-234), eff. 12-21-2006)
Sec. 50-12-315. - Storage or killing of poultry.
(a)
Storage or killing of poultry or small game for direct, retail sale on the premises or for wholesale trade shall also conform to the requirements of Chapter 19 of this Code, Food.
(b)
In the MKT District, storage or killing of poultry or small game for direct, retail sale on the premises or for wholesale trade is permissible by-right where such use comprises not more than 5,000 square feet in gross floor area and is conditionally permissible where such use comprises more than 5,000 square feet in gross floor area.
(Code 1984, § 61-12-235; Ord. No. 11-05, § 1(61-12-235), eff. 5-28-2005; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-316. - Taxicab dispatch and/or storage facilities.
Taxicab dispatch and/or storage facilities shall be subject to the following requirements:
(1)
Where taxicabs are stored on the premises, any portion of the storage lot that is visible from a public street shall include a landscape buffer strip with a minimum width of five feet between the storage area and the right-of-way;
(2)
Where required, the landscape buffer shall be landscaped in the manner that is specified in Section 50-14-362 of this Code;
(3)
A screen wall may be required as provided for in Section 50-14-342 of this Code;
(4)
Only operable taxicabs, bearing a current license may be stored on the premises. No junk vehicles may be stored unless a permit for a junkyard has been issued by the Buildings, Safety Engineering, and Environmental Department;
(5)
Motor vehicle services may be performed on site only upon receipt of a separate permit from the Buildings, Safety Engineering, and Environmental Department for said services and subject to Section 50-12-294 of this Code for major motor vehicle services or Section 50-12-295 of this Code for minor motor vehicle services; and
(6)
In the B4 District, taxicab dispatch and/or storage facilities shall not be located on any zoning lot abutting a designated Gateway Radial Thoroughfare.
(Code 1984, § 61-12-237; Ord. No. 11-05, § 1(61-12-237), eff. 5-28-2005)
Sec. 50-12-317. - Theaters and concert cafés.
Theaters and concerts cafés shall be subject to the following provisions:
(1)
Multiplex theaters exceeding 50,000 square feet shall conform to the standards for large retail centers as provided for in Article XIV, Division 3, Subdivision E, of this chapter;
(2)
It shall be unlawful to establish any concert hall within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD; said prohibition shall be waived upon presentation to the Buildings, Safety Engineering, and Environmental Department of a verified petition requesting such waiver, signed by two-thirds of those persons owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as "unimproved," within 500 feet of the proposed location;
(3)
Concert cafés are prohibited within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD; however, such prohibition shall be waived upon presentation to the Buildings, Safety Engineering, and Environmental Department of a verified petition requesting such waiver, signed by two-thirds of those persons owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as "unimproved," within 500 feet of the proposed location;
(4)
Theaters, stage show theaters, concert halls, and motion picture theaters are subject to licensing by the Buildings, Safety Engineering, and Environmental Department Business License Center, as provided for in Chapter 5, Article XI, of this Code, Public Entertainments;
(5)
Concert cafés are subject to licensing by the Buildings, Safety Engineering, and Environmental Department Business License Center, as provided for in Chapter 5, Article V, of this Code, Amusements and Entertainments;
(6)
In the SD1 District, theaters, excluding concert cafés, not exceeding 150 fixed seats, may be permitted on a conditional basis;
(7)
In the SD2 District, theaters, excluding concert cafés, not exceeding 150 fixed seats, are permitted on a by-right basis. Those exceeding 150 fixed seats may be permitted on a conditional basis.
(Code 1984, § 61-12-238; Ord. No. 11-05, § 1(61-12-238), eff. 5-28-2005; Ord. No. 20-05, § 1(61-12-238), eff. 5-29-2005; Ord. No. 34-05, § 1(61-12-238), eff. 12-6-2005; Ord. No. 01-10, § 1(61-12-238), eff. 4-1-2010; Ord. No. 23-14, § 1(61-12-238), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-238), eff. 2-6-2018)
Sec. 50-12-318. - Trade schools, commercial.
(a)
Truck driving schools are subject to the provisions of Chapter 16, Article I, of this Code, Noise, and are excluded from the "school building adaptive reuse" provision as defined in Section 50-16-381 of this Code.
(b)
Truck driving schools are prohibited on land zoned R5, R6, SD2, SD4, or MKT.
(c)
On land zoned SD2 and SD4, all activities must occur indoors or to the rear of the building.
(Code 1984, § 61-12-239; Ord. No. 11-05, § 1(61-12-239), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-239), eff. 12-6-2005; Ord. No. 21-12, § 1(61-12-239), eff. 11-2-2012; Ord. No. 15-17, § 1(61-12-239), eff. 6-10-2017; Ord. No. 37-17, § 1(61-12-239), eff. 2-6-2018; Ord. No. 18-18, § 1(61-12-239), eff. 8-30-2018; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-319. - Trailers, utility—Sales, rental, or service; moving truck/trailer rental lots.
Trailer rentals are subject to the provisions of Chapter 30, Article III, of this Code.
(Code 1984, § 61-12-239.5; Ord. No. 37-17, § 1(61-12-239.5), eff. 2-6-2018)
Sec. 50-12-320. - Used goods dealers; precious metal and gem dealers.
Used goods dealers, and precious metal and gem dealers, are subject to the following requirements:
(1)
Used goods dealers shall comply with the licensing provisions of Chapter 41, Article VII, of this Code, Used Goods Dealers;
(2)
Precious metal and gem dealers shall comply with the licensing provisions of Chapter 41, Article III, of this Code, Precious Metals and Gem Dealers;
(3)
Such uses shall not be permitted in the B4 District on any zoning lot abutting a designated Gateway Radial Thoroughfare; and
(4)
In the PCA district, used good dealers shall be limited to antique stores and auction houses.
(Code 1984, § 61-12-233; Ord. No. 11-05, § 1(61-12-233), eff. 5-28-2005; Ord. No. 24-08, § 1(61-12-233), eff. 11-1-2008; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-321. - Veterinary clinic for small animals.
Veterinary clinics for small animals shall be subject to the following requirements:
(1)
Kennel facilities shall be governed separately by Section 50-12-229 of this Code for commercial kennels;
(2)
All facilities of a veterinary clinic, including all grooming areas, cages, pens, and kennels, shall be maintained within a completely enclosed, soundproof building;
(3)
All veterinary clinics shall be designed and constructed in a manner that eliminates any emission of odor which is offensive to persons owning, occupying or patronizing properties adjacent to, or across an alley from, the use; and
(4)
No outdoor exercise run area shall be permitted less than 50 feet from any land zoned R1, R2, R3, R4, R5, R6, or residential PD.
(Code 1984, § 61-12-240; Ord. No. 34-05, § 1(61-12-240), eff. 12-6-2005)
Sec. 50-12-322. - Youth hostels/hostels.
Youth hostels/hostels shall be subject to the provisions of Chapter 36 of this Code, Public Lodging,Article 1, Public Accommodations, Division 1, Generally, Division 3, Hostels, and Division 4, Licenses.
(Code 1984, § 61-12-241; Ord. No. 13-11, § 1(61-12-241), eff. 8-23-2011; Ord. No. 2019-42, § 1, eff. 12-24-2019)
Sec. 50-12-323. - Printing or engraving shops.
(a)
In the SD1 District, printing or engraving shops not exceeding 4,000 square feet may be permitted on a by-right basis where a minimum of ten percent of the gross floor area is used as a retail store for the sale of the goods produced as provided for in Section 50-11-236(15) of this Code. This regulation may not be waived by the Board of Zoning Appeals.
(b)
In the SD2 District, printing or engraving shops not exceeding 5,000 square feet may be permitted on a matter of right basis where a minimum of ten percent of the gross floor area is used as a retail store for the sale of the goods produced. Printing or engraving shops exceeding 5,000 square feet may be permitted on a conditional basis where a minimum of ten percent of the gross floor area is used as a retail store for the sale of the goods produced.
(Code 1984, § 61-12-242; Ord. No. 23-14, § 1(61-12-242), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-242), eff. 2-6-2018; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-324. - Stores of a generally recognized retail nature whose primary business is the sale of new merchandise, without drive-up or drive-through facilities.
In the MKT District, stores of a generally recognized retail nature whose primary business is the sale of new merchandise, without drive-up or drive-through facilities, must not exceed 15,000 square feet in gross floor area.
(Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-325. - Smoking lounges, other, and tobacco retail stores.
Smoking lounges. other, and Tobacco retail stores shall be subject to the following:
(1)
Points of vehicular ingress and egress shall be determined by the Department of Public Works Traffic Engineering Division;
(2)
Outdoor activities shall be prohibited;
(3)
For smoking lounges, other, proof of purchase and possession, such as a purchase agreement or bill of sale, of a State of Michigan smoking ban exemption must be provided to the Buildings, Safety Engineering, and Environmental Department prior to its issuance of a permit for such use;
(4)
Smoking lounges, other, shall obtain and maintain an approved notice of decision for a smoking ban exemption certificate as a condition of holding a zoning permit issued by the Buildings, Safety Engineering, and Environmental Department; and
(5)
Smoking lounges, other, shall be physically separated from any areas of the same or adjacent establishments in which smoking is prohibited by state law, such that smoke cannot infiltrate into those non-smoking areas. For purposes of this regulation, "physcally separated" means an area that is enclosed on all sides by any combination of solid walls, windows, or doors, which extend from the floor to the ceiling.
(Ord. No. 2023-36, § 1, eff. 3-5-2024)
Sec. 50-12-331. - Abattoirs (slaughterhouses).
(a)
Abattoirs (slaughterhouses) are additionally subject to the Federal Meat Inspection Act, being 9 CFR 601 et seq., and the Michigan Bodies of Dead Animals Act, being MCL 287.651 et seq.
(b)
In the MKT District, abattoirs (slaughterhouses) must not exceed 15,000 square feet in gross floor area.
(Code 1984, § 61-12-251; Ord. No. 11-05, § 1(61-12-251), eff. 5-28-2005; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-332. - Baling of waste paper or rags.
The baling of waste paper or rags shall be completely enclosed in a building.
(Code 1984, § 61-12-252; Ord. No. 11-05, § 1(61-12-252), eff. 5-28-2005)
Sec. 50-12-333. - Blueprinting shop.
In the B2 District, a blueprinting shop shall not exceed 4,000 square feet in gross floor area.
(Code 1984, § 61-12-253; Ord. No. 11-05, § 1(61-12-253), eff. 5-28-2005)
Sec. 50-12-334. - Confection manufacturing.
(a)
In the B2, B3 and B4 Districts, confection manufacturing is permissible by-right only if in a structure that does not exceed 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 on the premises and that is located in a Traditional Main Street Overlay Area. Otherwise, in the B2 District confection manufacturing is permissible conditionally if located in a structure not exceeding 6,000 square feet in gross floor area and prohibited in a structure exceeding 6,000 square feet in gross floor area, in the B3 District confection manufacturing is prohibited, and in the B4 District confection manufacturing is permissible conditionally.
(b)
In the SD1 District, confection manufacturing with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, shall not exceed 4,000 square feet in gross floor area.
(c)
In the SD2 District, confection manufacturing, with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, shall not exceed 5,000 square feet in gross floor area.
(d)
The regulations set forth in this section may not be modified or waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-254; Ord. No. 11-05, § 1(61-12-254), eff. 5-28-2005; Ord. No. 23-14, § 1(61-12-254), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-254), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-335. - Dental products, surgical, or optical goods manufacturing.
In the B2 District, the building size of a dental products, surgical, or optical goods manufacturing establishment shall not exceed 4,000 square feet of gross floor area, as provided for in Section 50-9-53(3) of this Code. This regulation may not be waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-255; Ord. No. 11-05, § 1(61-12-255), eff. 5-28-2005; Ord. No. 37-17, § 1(61-12-255), eff. 2-6-2018)
Sec. 50-12-336. - Food catering establishments.
(a)
In the B2, B3 and B4 Districts, a food catering establishment is permissible by-right only if in a structure that does not exceed 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 on the premises and that is located in a Traditional Main Street Overlay Area. Otherwise, in the B2 and B4 Districts a food catering establishment is permissible only conditionally, and in the B3 District a food catering establishment is prohibited.
(b)
In the SD1 District, food catering establishments not exceeding 4,000 square feet in gross floor area are permitted on a by-right basis.
(c)
In the SD2 District, food catering establishments not exceeding 5,000 square feet in gross floor area are permitted on a conditional basis.
(d)
The gross floor area specifications set forth in this section may not be modified or waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-280; Ord. No. 23-14, § 1(61-12-280), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-255.5), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-337. - Garbage, offal, or dead animal reduction.
(a)
A permit for garbage, offal, or dead animal reduction shall be contingent on obtaining and maintaining all applicable licenses or permits from federal, state, and County agencies and from City departments.
(b)
For purposes of this chapter, pet crematories are not considered dead animal reduction.
(Code 1984, § 61-12-256; Ord. No. 11-05, § 1(61-12-256), eff. 5-28-2005; Ord. No. 37-17, § 1(61-12-256), eff. 2-6-2018)
Sec. 50-12-338. - Hazardous waste facilities.
Hazardous waste facilities shall be subject to the following requirements:
(1)
Hazardous waste facilities shall be reviewed by the Hazardous Waste Facility Review Committee as provided for in Article II, Division 6, Subdivision D, of this chapter;
(2)
Hazardous waste facilities may be permitted subject to approval by the Michigan Department of Environment, Great Lakes, and Energy and Hazardous Waste Site Review Board as required by Section 11119 of the Michigan Natural Resources and Environmental Protection Act (NREPA), being MCL 324.11119. The Michigan Department of Environment, Great Lakes, and Energy and Site Review Board shall receive a report with recommendations from the Hazardous Waste Facility Review Committee. Such report and recommendations shall consider those factors listed in Section 50-2-144(b) of this Code and the City's adopted siting criteria for hazardous waste facilities. All storage of hazardous substances shall comply with all applicable provisions of this Code;
(3)
A permit for hazardous waste facilities shall be contingent on obtaining and maintaining all applicable licenses and/or permits from federal, state, and County agencies and from City departments.
(Code 1984, § 61-12-257; Ord. No. 11-05, § 1(61-12-257), eff. 5-28-2005)
Sec. 50-12-339. - Incinerator plants.
Incinerator plants shall be subject to the following requirements:
(1)
The Industrial Review Committee shall submit a report to the Buildings, Safety Engineering, and Environmental Department regarding items of concern to that committee;
(2)
The Buildings, Safety Engineering, and Environmental Department shall submit a report and recommendation to City Council regarding the appropriateness of the incinerator in the zoning district where it is to be located;
(3)
The City Council shall hold a public hearing prior to making its decision and shall only grant approval where the Body makes findings that the use will be noninjurious to the surrounding property;
(4)
A permit for an incinerator plant shall be contingent on obtaining and maintaining all applicable licenses and/or permits from federal, state and County agencies and from City departments.
(Code 1984, § 61-12-259; Ord. No. 11-05, § 1(61-12-259), eff. 5-28-2005)
Sec. 50-12-340. - Jewelry manufacture establishments.
(a)
In the B2, B3 and B4 Districts, a jewelry manufacture establishment is permissible by-right only if in a structure that does not exceed 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 on the premises and that is located in a Traditional Main Street Overlay Area. Otherwise, in the B4 District a jewelry manufacture establishment is permissible conditionally, and in the B2 and B3 Districts a jewelry manufacture establishment is prohibited.
(b)
In the SD1 District, jewelry manufacturing establishments shall have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and shall not exceed 4,000 square feet in gross floor area.
(c)
In the SD2 District, jewelry manufacturing establishments shall have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and shall not exceed 5,000 square feet in gross floor area.
(d)
The regulations set forth in this section may not be modified or waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-260; Ord. No. 11-05, § 1(61-12-260), eff. 5-28-2005; Ord. No. 23-14, § 1(61-12-260), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-260), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-341. - Junkyards.
Junkyards are subject to the following:
(1)
Minimum size. The minimum lot or parcel size for junkyards shall be two acres;
(2)
Screening. In accordance with the screening provisions of Section 41-1-3 of this Code, Enclosed building or masonry wall required, a masonry wall that is not less than eight feet in height and not more than 12 feet in height shall be constructed and maintained in good condition around any junkyard;
(3)
Setbacks. All buildings, screening, and junk materials shall be set back at least 20 feet from any lot line abutting a right-of-way;
(4)
As required by Section 50-14-361 of this Code, the 20-foot setback area between the masonry wall and the lot line shall be landscaped in accordance with Section 50-14-362 and Section 50-14-365 of this Code;
(5)
Adequate parking and unloading facilities shall be provided at the site so that no junk-hauling vehicle stands on a public right-of-way awaiting entrance to the site at any time;
(6)
All activities shall be confined within the screened area. There shall be no stacking of material above the height of the masonry wall, except that moveable equipment used on the site may exceed that height. No equipment or material shall be used or stored outside the screened area;
(7)
No open burning shall be permitted;
(8)
All lighting shall be directed so as not to shine upon land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(9)
All roads, driveways, parking lots, and loading and unloading areas within any junkyard shall be paved so as to limit the nuisance caused by wind-borne dust on adjoining lots and public roads; and
(10)
All fluids shall be drained from vehicles and disposed of in a proper manner prior to the vehicles being stored on the site. Any materials listed on the Michigan Critical Materials Register shall require secondary containment and a Pollution Incident Protection Plan filed with the Michigan Department of Environment, Great Lakes, and Energy. The owner must retain on site, and provide to the City upon request, a bound copy of the Plan.
(Code 1984, § 61-12-261; Ord. No. 11-05, § 1(61-12-261), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-261), eff. 12-6-2005; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-342. - Lithographing and sign shops.
(a)
In the B2, and MKT Districts, sign shops are prohibited.
(b)
In the B2, B3 and B4 Districts, a lithographing shop is permissible by-right only if located in a structure 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 on the premises and if located in a Traditional Main Street Overlay Area. Otherwise, in the B2 District, a lithographing shop is permissible conditionally only if located in a structure not exceeding 4,000 square feet of gross floor area and if located outside a Traditional Main Street Overlay Area, in the B3 District, a lithographing shop is prohibited and, in the B4 District, a lithographing shop is permissible conditionally.
(c)
In the SD1 District, lithographing and sign shop establishments shall have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and shall not exceed 4,000 square feet in gross floor area.
(d)
In the SD2 District, lithographing and sign shop establishments shall have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and shall not exceed 5,000 square feet in gross floor area.
(e)
The regulations set forth in this section may not be modified or waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-262; Ord. No. 11-05, § 1(61-12-262), eff. 5-28-2005; Ord. No. 23-14, § 1(61-12-262), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-262), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-343. - Lumber yards.
Lumber yards shall be subject to the following requirements:
(1)
All lumber yards with accessory outdoor sales, display, or storage areas shall be screened from view of street rights-of-way and land zoned R1, R2, R3, R4, R5, R6, or residential PD in accordance with Section 50-14-367 of this Code; and
(2)
No lumber yard, that is located within 500 feet of a residential or business zoning district, shall receive or dispatch deliveries of lumber or building materials between the hours of 10:00 p.m. and 8:00 a.m.
(Code 1984, § 61-12-263; Ord. No. 11-05, § 1(61-12-263), eff. 5-28-2005)
Sec. 50-12-344. - Outdoor storage yards; containerized freight yard.
(a)
An outdoor storage yard, where operating as the principal use of the land, are subject to the following provisions:
(1)
No storage shall be maintained within 20 feet of any lot line abutting a public street. Said setback area shall be landscaped in accordance with Section 50-14-362 and Section 50-14-367 of this Code;
(2)
No storage shall be located upon any required off-street parking or loading area;
(3)
No storage yard shall be located less than 150 feet from land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(4)
All such uses shall be screened from adjacent streets, alleys, and properties by an opaque fence that is not less than six feet high. The height of stored items shall not exceed the height of any fence or wall surrounding such lot;
(5)
No storage or accumulation of waste products, including paint, stain, oils, grease, or other flammable, toxic, or hazardous materials, or stagnant water, shall be permitted in any such use;
(6)
An accessory structure up to 400 square feet in area may be permitted;
(7)
There shall be at least one driveway which shall be wide enough to accommodate two vehicles that are side-by-side;
(8)
Permitted hours of operation shall be 7:00 a.m. to 10:00 p.m.; and
(9)
A permit for an outdoor storage yard shall be contingent on obtaining and maintaining all applicable licenses and/or permits from federal, state, and County agencies and from City departments.
(b)
In accordance with Section 50-12-463 of this Code, outdoor storage yards, where located on the same zoning lot as a principal use, are:
(1)
Incidental and accessory to the principal use where the outdoor storage yard does not exceed an area equal to ten percent of the gross floor area of the principal building; and
(2)
A second principal use of the land, requiring a permit, and limited to the M3, M4, and M5 Districts, where the outdoor storage yard exceeds an area equal to ten percent of the gross floor area of the principal building.
(c)
On land zoned M2, no containerized freight yard may be located less than 150 feet from land zoned R1, R2, R3, R4, R5, R6, or residential PD.
(Code 1984, § 61-12-264; Ord. No. 11-05, § 1(61-12-264), eff. 5-28-2005; Ord. No. 37-17, § 1(61-12-264), eff. 2-6-2018)
Sec. 50-12-345. - Radioactive waste handling.
A permit for radioactive waste handling shall be contingent on obtaining and maintaining all applicable licenses and/or permits from federal, state, and County agencies and from City departments.
(Code 1984, § 61-12-266; Ord. No. 11-05, § 1(61-12-266), eff. 5-28-2005)
Sec. 50-12-346. - Recycling center.
A permit for a recycling center shall be contingent on obtaining and maintaining all applicable licenses and/or permits from federal, state, and County agencies and from City departments.
(Code 1984, § 61-12-267; Ord. No. 11-05, § 1(61-12-267), eff. 5-28-2005)
Sec. 50-12-347. - Rendering plants.
A permit for a rendering plant shall be contingent on obtaining and maintaining all applicable licenses and/or permits from federal and state agencies and from City departments. Rendering plants are subject to the state-licensing provisions that are specified in the Michigan Slaughterhouses; Edible Rendering, Wholesale Fabricating, Processing, or Storage Establishments Act, being MCL 287.571 et seq.
(Code 1984, § 61-12-268; Ord. No. 11-05, § 1(61-12-268), eff. 5-28-2005)
Sec. 50-12-348. - Research or testing laboratories.
In the B4, SD1, and SD2 Districts, no research or testing laboratory shall be permitted to utilize large animals.
(Code 1984, § 61-12-269; Ord. No. 11-05, § 1(61-12-269), eff. 5-28-2005)
Sec. 50-12-349. - Scrap tire storage, processing, or recycling facility.
Scrap tire storage, processing, or recycling facilities shall be subject to the following:
(1)
Where conducted outside an enclosed structure, the Buildings, Safety Engineering, and Environmental Department shall determine the maximum volume of outdoor scrap tire storage space, and the maximum number of scrap tires allowed to be stored in said space in accordance with Chapter 18, Article I, Division 10, of this Code, Storage of Scrap Tires in Outdoor Collection Sites; and
(2)
A permit for scrap tire storage, processing, or recycling facilities shall be contingent on obtaining and maintaining all applicable licenses and/or permits from federal, state, and County agencies and from City departments.
(Code 1984, § 61-12-270; Ord. No. 11-05, § 1(61-12-270), eff. 5-28-2005; Ord. No. 37-17, § 1(61-12-270), eff. 2-6-2018; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-350. - Tires, used; sales and/or service.
Used tire sales and/or service establishments are subject to the following:
(1)
Used tire sales and/or service establishments must not operate as a scrap tire storage, processing, or recycling facility;
(2)
The sale of used tires requires no separate permit when merely incidental and accessory to a light duty vehicle repair establishment, light duty vehicle service establishment, or medium/heavy duty vehicle or equipment repair establishment engaged in the sale of new tires;
(3)
A used tire disposal plan and three years of manifests for tires removed from the site must be maintained onsite and provided to the City upon request; and
(4)
Outdoor storage of used tires is prohibited.
(Code 1984, § 61-12-271; Ord. No. 11-05, § 1(61-12-271), eff. 5-28-2005; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-351. - Tool, die, and gauge manufacturing.
Tool, die, and gauge manufacturing establishments are subject to the following provisions:
(1)
In the B4 District:
a.
Building size for special small tool, die, and gauge manufacturing shall not exceed 5,000 square feet of gross floor area; and
b.
Such establishments shall not be permitted on any zoning lot abutting a designated Gateway Radial Thoroughfare.
(2)
In the B4, M1, and M2 Districts, stamping is limited to tryout stamping only; and
(3)
For die casting, see "High-medium impact manufacturing processing."
(Code 1984, § 61-12-272; Ord. No. 11-05, § 1(61-12-272), eff. 5-28-2005)
Sec. 50-12-352. - Towing service storage yards.
(a)
Towing service storage yards shall be subject to the following:
(1)
All buildings, screening, and stored or abandoned vehicles shall be set back at least 20 feet from any lot line abutting, across the street, or across the alley from land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(2)
As required by Section 50-14-361 of this Code, the 20-foot setback area between the masonry wall and the lot line, where required, shall be landscaped in accordance with Section 50-14-362 and Section 50-14-367 of this Code;
(3)
A masonry wall that is not less than six feet in height shall be erected:
a.
Between any storage and the 20-foot setback area specified in Subsection (a)(1) of this section; and
b.
At any lot line abutting, across the street, or across the alley from land zoned B1, B2, B3, B4, B5, B6, non-industrial PD, P1, PC, PCA, PR, SD1, SD2, SD4, and SD5;
(4)
All ground surfaces within any towing service storage yard shall be covered with asphalt or concrete paving, or other material to create a firm, level surface (the term "level" as used in this section means free of ruts, potholes, or uneven areas) that prevents the formation of dust and mud and is approved by the Buildings, Safety Engineering, and Environmental Department. Pervious surface treatments are encouraged, except that gravel, slag, cinder, or graded natural surfaces shall not be allowed;
(5)
No vertical stacking of abandoned vehicles shall be permitted;
(6)
All lighting shall be directed so as not to shine upon land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(7)
Adequate parking and unloading facilities shall be provided at the site so that no junk-hauling vehicle stands on a public right-of-way awaiting entrance to the site at any time; and
(8)
All abandoned vehicle storage spaces shall measure not less than nine feet by 20 feet, exclusive of unusable space and drives or aisles which give access to the space; aisle ways that adjoin storage spaces shall comply with the dimensional standards for width as specified in Section 50-14-232 of this Code.
(b)
Any use previously classified as a "Police Department authorized abandoned vehicle yard" or a "Police Department authorized abandoned vehicle storage yard" shall be regulated as a "towing service storage yard" without need for issuance of an additional permit or change of use.
(Code 1984, § 61-12-273; Ord. No. 11-05, § 1(61-12-273), eff. 5-28-2005; Ord. No. 04-12, § 1(61-12-273), eff. 3-30-2012; Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-353. - Trade services, general.
General trade services shall be subject to the following provisions:
(1)
The term "general trade services" is defined in Section 50-16-402 of this Code;
(2)
All material shall be stored within an enclosed building with walls on all sides;
(3)
Cabinet-making, carpenter, and furniture repair or upholstering shops shall be reviewed by the Michigan Department of Environment, Great Lakes, and Energy Air Quality Division as provided for in Section 50-12-122 of this Code;
(4)
In the B2 District, general trade services other than cabinet making are permissible by-right only if located in a structure 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 on the premises, and located in a Traditional Main Street Overlay Area. Otherwise, in the B2 District general trade services other than cabinet making is permissible conditionally;
(5)
In the B2 District, cabinet making is permissible conditionally, only if in a structure that does not exceed 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 on the premises and that is located in a Traditional Main Street Overlay Area;
(6)
In the SD1 District,
a.
Trade services, general, with the exception of cabinet making establishments, shall be permitted on a by-right basis if they have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and do not exceed 4,000 square feet in gross floor area;
b.
Trade services, general, cabinet making establishments may be permitted on a conditional basis if they have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and do not exceed 4,000 square feet in gross floor area; and
c.
The regulations set forth in this subsection may not be modified or waived by the Board of Zoning Appeals; and
(7)
In the SD2 District,
a.
Trade services, general, with the exception of cabinet making establishments, shall be permitted on a by-right basis if they have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and do not exceed 5,000 square feet in gross floor area; and
b.
Trade services, general, cabinet making establishments may be permitted on a conditional basis if they have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and do not exceed 5,000 square feet in gross floor area; and
c.
The regulations set forth in this subsection may not be modified or waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-274; Ord. No. 11-05, § 1(61-12-274), eff. 5-28-2005; Ord. No. 23-14, § 1(61-12-274), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-274), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-354. - Transfer station for garbage, refuse, or rubbish.
Transfer stations for garbage, refuse, or rubbish shall be subject to the following requirements:
(1)
No storage or processing shall be maintained in the open within 20 feet of any lot line abutting a public street. Said setback shall be landscaped in accordance with Section 50-14-362 and Section 50-14-367 of this Code;
(2)
No storage or processing shall be located upon any required off-street parking or loading area;
(3)
No storage or processing shall be located less than 500 feet from land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(4)
All such uses shall be screened from adjacent streets, alleys, and properties by a masonry wall that is not less than eight feet high, and not more than 12 feet high;
(5)
The height of stored items shall not exceed the height of any fence or wall surrounding such lot;
(6)
Adequate parking and unloading facilities shall be provided at the site so that no truck stands on the public right-of-way awaiting entrance to the site at any time;
(7)
All roads, driveways, parking lots, and loading and unloading areas shall be paved so as to limit the nuisance caused by wind-borne dust on adjoining lots and public roads;
(8)
Permitted hours of operation shall be 7:00 a.m. to 10:00 p.m.;
(9)
The applicant shall tender to the Office of Chief Financial Officer an instrument of assurance in the form of a surety bond or an irrevocable letter of credit or a certificate of deposit note, in a sufficient amount, as determined by the Director of the Buildings, Safety Engineering, and Environmental Department for the removal and safe disposal of the maximum amount of material determined to be storable on site and to abate any nuisances remaining in the event of abandonment. Rules governing these instruments of assurance shall be prepared by the Buildings, Safety Engineering, and Environmental Department (see Article XIV, Division 8, of this chapter);
(10)
A permit for a transfer station for garbage, refuse, or rubbish shall be contingent on obtaining and maintaining all applicable licenses and/or permits from federal, state, and County agencies and from City departments.
(Code 1984, § 61-12-275; Ord. No. 11-05, § 1(61-12-275), eff. 5-28-2005)
Sec. 50-12-355. - Trucking terminals, transfer buildings, recreational vehicle storage lots, and open areas for the parking of operable trucks.
(a)
Wherever possible, access to the sites of trucking terminals, transfer buildings, recreational vehicle storage lots, and open areas for the parking of operable trucks from local residential streets shall be avoided.
(b)
On land zoned SD4, exclusively, only emergency medical service vehicles having not more than two axles may be parked, stored, or serviced.
(c)
In the MKT District, trucking terminals and transfer buildings for food-related products are permissible, but recreational vehicle storage lots and open areas for the parking of operable trucks are not permissible.
(Code 1984, § 61-12-276; Ord. No. 11-05, § 1(61-12-276), eff. 5-28-2005; Ord. No. 13-15, § 1(61-12-276), eff. 7-11-2015; Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-356. - Used vehicle parts sales.
Used vehicle parts sales shall be subject to the following:
(1)
Such establishments are subject to the licensing provisions of Chapter 41, Article VI, Division 3, of this Code, Used Vehicle Parts Dealer;
(2)
The dismantling or salvage of vehicles entirely within a building on the premises is permitted where the state has issued a Class C Used Vehicle Parts Dealer License. Where such dismantling or salvage is conducted in the open, a "junkyard" permit from the Buildings, Safety Engineering, and Environmental Department is required in addition to the State of Michigan Class C Used Vehicle Parts Dealer License;
(3)
All outdoor storage shall be screened by a masonry wall that is not less than eight feet in height and not more than 12 feet in height, is constructed and maintained in good condition, and is set back at least 20 feet from the property line;
(4)
As required by Section 50-14-361 of this Code, the 20-foot setback area between the masonry wall and the lot line shall be landscaped in accordance with Section 50-14-362 and Section 50-14-365 of this Code;
(5)
All lighting shall be directed so as not to shine upon land zoned R1, R2, R3, R4, R5, R6, or residential PD;
(6)
Used vehicle parts sales facilities are subject to review by the Solid Waste Facility Review Committee; and
(7)
The sale of used vehicle parts requires no separate permit where merely incidental and accessory to a retail store that sells new vehicle parts.
(Code 1984, § 61-12-277; Ord. No. 11-05, § 1(61-12-277), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-277), eff. 12-6-2005; Ord. No. 37-17, § 1(61-12-277), eff. 2-6-2018; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-357. - Waste, scrap materials; indoor storage, handling and/or transfer.
(a)
A permit for waste, scrap materials: indoor storage, handling and/or transfer facilities shall be contingent on obtaining and maintaining all applicable licenses and/or permits from federal, state and county agencies, and from City departments.
(b)
In no way shall this land use be construed so as to allow an "indoor junkyard."
(c)
For the indoor storage or transfer of distressed motor vehicles, pursuant to a State of Michigan Class C Used Vehicle Parts Dealer license, see Section 50-12-356 of this Code.
(Code 1984, § 61-12-278; Ord. No. 11-05, § 1(61-12-278), eff. 5-28-2005; Ord. No. 13-11, § 1(61-12-278), eff. 8-23-2011)
Sec. 50-12-358. - Wholesaling, warehousing, storage buildings, or public storage facilities.
Wholesaling, warehousing, storage buildings, or public storage facilities are subject to the following requirements:
(1)
In the B4 District, such facilities shall not be permitted on any zoning lot abutting a designated Gateway Radial Thoroughfare, except Gratiot;
(2)
Steel warehousing shall be prohibited in all zoning districts except M2, M3, M4, and M5;
(3)
Storage of bulk petroleum or related products, garbage, refuse, rubbish, or scrap tires are prohibited;
(4)
All materials shall be completely enclosed within a building, except as provided for in Subsection (6) of this section;
(5)
There shall be a minimum of 35 feet, or 45 feet if the driveway is two-way, between warehouses for driveway, parking, and fire lane purposes. Where no parking is permitted within the building separation areas, the building separation need only be 25 feet. Traffic direction and parking in such areas shall be designated by signaling or painting;
(6)
Permitted outdoor accessory storage is subject to Section 50-12-458 of this Code and shall be placed only on asphalt or concrete paved surfaces, and screening shall be subject to the applicable provisions of Article XIV, Division 2, Subdivision D, of this chapter;
(7)
No storage of hazardous substances, toxic, or explosive materials shall be permitted. Signs shall be posted at the facility describing such restrictions;
(8)
Public storage facilities are subject to the licensing provisions of Chapter 30, Article II, of this Code, Moving and Storage, and shall comply with the following standards:
a.
No residential use shall be allowed in any public storage unit; and
b.
No retail, wholesale, fabrication, manufacturing, or service activities shall be conducted from within public storage units; and
(9)
In the MKT District, warehousing and storage of food-related products are permissible by-right and warehousing and storage of non food-related products are permissible conditionally.
(Code 1984, § 61-12-279; Ord. No. 11-05, § 1(61-12-279), eff. 5-28-2005; Ord. No. 37-17, § 1(61-12-279), eff. 2-6-2018; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-359. - Low-impact manufacturing or processing facilities.
(a)
In the B2, B3 and B4 Districts, a low-impact manufacturing or processing facility is permissible by-right only if in a structure that does not exceed 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 on the premises and that is located in a Traditional Main Street Overlay Area. Otherwise, in the B2, B3, and B4 Districts a low-impact manufacturing or processing facility is prohibited.
(b)
In the SD1 District, low-impact manufacturing or processing facilities, with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, shall not exceed 4,000 square feet in gross floor area.
(c)
In the SD2 District, low-impact manufacturing or processing facilities, with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, shall not exceed 5,000 square feet in gross floor area.
(d)
The regulations set forth in this Section may not be modified or waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-281; Ord. No. 23-14, § 1(61-12-281), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-281), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-360. - Wearing apparel manufacturing.
(a)
In the B2, B3 and B4 Districts, wearing apparel manufacturing is permissible by-right only if in a structure that does not exceed 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 on the premises and that is located in a Traditional Main Street Overlay Area. Otherwise, in the B2 and B3 Districts wearing apparel manufacturing is prohibited and in the B4 District wearing apparel manufacturing is permissible conditionally.
(b)
In the SD1 District, wearing apparel manufacturing facilities must have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and shall not exceed 4,000 square feet in gross floor area.
(c)
In the SD2 District, wearing apparel manufacturing facilities must have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and shall not exceed 5,000 square feet in gross floor area.
(d)
The regulations set forth in this Section may not be modified or waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-282; Ord. No. 23-14, § 1(61-12-282), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-282), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-361. - Low/medium-impact manufacturing or processing facilities.
(a)
In the B2, B3 and B4 Districts, a low/medium-impact manufacturing or processing facility is permissible by-right only if located in a structure 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 on the premises that is located in a Traditional Main Street Overlay Area and that is limited to any one of the following delineated in this subsection. Otherwise, in the B2, B3, and B4 Districts a low/medium-impact manufacturing or processing facility is prohibited.
(1)
Art needlework.
(2)
Canvas goods manufacture.
(3)
Cigar or cigarette manufacture.
(4)
Clock or watch manufacture.
(5)
Coffee roasting.
(6)
Door, sash, or trim manufacture.
(7)
Draperies manufacture.
(8)
Flag or banner manufacture.
(9)
Glass blowing.
(10)
Knit goods manufacturing.
(11)
Leather goods manufacture or fabrication.
(b)
In the SD1 and SD2 Districts, the following low/medium-impact manufacturing or processing facilities with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises are permitted:
(1)
Art needlework.
(2)
Canvas goods manufacture.
(3)
Cigar or cigarette manufacture.
(4)
Clock or watch manufacture.
(5)
Coffee roasting.
(6)
Door, sash, or trim manufacture.
(7)
Draperies manufacture.
(8)
Flag or banner manufacture.
(9)
Glass blowing.
(10)
Knit goods manufacturing.
(11)
Leather goods manufacture or fabrication.
(c)
In the SD1 District, such facilities shall not exceed 4,000 square feet in gross floor area.
(d)
In the SD2 District, such facilities shall not exceed 5,000 square feet in gross floor area.
(e)
In the MKT District, low/medium-impact manufacturing or processing facilities allowed by-right are limited to:
(1)
Coffee roasting; and
(2)
Dog or cat food cannery or manufacture excluding rendering or the use of fish.
(f)
The regulations set forth in this section may not be modified or waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-283; Ord. No. 23-14, § 1(61-12-283), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-283), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-362. - High/medium-impact manufacturing or processing facilities.
(a)
In the B2 and B4 Districts, a high/medium-impact manufacturing or processing facility is permissible by-right only if limited to furniture manufacturing in a structure that does not exceed 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 on the premises and that is located in a Traditional Main Street Overlay Area. Otherwise, in the B2 and B4 Districts, a high/medium-impact manufacturing or processing facility is prohibited.
(b)
In the SD1 and SD2 Districts, high/medium-impact manufacturing or processing facilities with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises may be permitted as a conditional use and are limited to furniture making facilities.
(c)
In the SD1 District, furniture making facilities shall not exceed 4,000 square feet in gross floor area.
(d)
In the SD2 District, furniture making facilities shall not exceed 5,000 square feet in gross floor area.
(e)
In the MKT District, high/medium impact manufacturing and processing uses are limited to the following:
(1)
Canning factories, excluding fish products;
(2)
Brewing or distilling of liquors; and
(3)
Brewing of 20,000 or more barrels of beer or malt beverage per year.
(f)
The regulations set forth in this section may not be modified or waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-284; Ord. No. 23-14, § 1(61-12-284), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-284), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-363. - Machine shop.
(a)
In the B2 and B4 Districts, a machine shop is permissible by-right only if in a structure that does not exceed 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 on the premises and that is located in a Traditional Main Street Overlay Area. Otherwise, in the B2 and B4 Districts a machine shop is prohibited.
(b)
In the SD1 and SD2 Districts, machine shop facilities with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises may be permitted as a Conditional use.
(c)
In the SD1 District, machine shops shall not exceed 4,000 square feet in gross floor area.
(d)
In the SD2 District, machine shops shall not exceed 5,000 square feet in gross floor area.
(e)
The regulations set forth in this section may not be modified or waived by the Board of Zoning Appeals.
(Code 1984, § 61-12-285; Ord. No. 23-14, § 1(61-12-285), eff. 7-24-2014; Ord. No. 37-17, § 1(61-12-285), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-364. - Welding shop.
(a)
In the B2 District, a welding shop is permissible conditionally only if in a structure that does not exceed 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 on the premises and that is located in a Traditional Main Street Overlay Area. Otherwise, in the B2 District a welding shop is prohibited.
(b)
In the B4 District, a welding shop is permissible conditionally only if in a structure that does not exceed 4,000 square feet of gross floor area. Otherwise, in the B4 District a welding shop is prohibited.
(Ord. No. 2020-21, § 1, eff. 8-8-2020)
Sec. 50-12-365. - Very high-impact manufacturing or processing facilities.
Any type of very high-impact manufacturing or processing facility that processes, handles, or transfers on-site, transfers, loads, unloads, stockpiles, or stores bulk solid materials, as defined in Section 42-1-1 of this Code, including, but not limited to, coal yards, bulk solid material outdoor storage facilities, and carbonaceous bulk solid material facilities, are subject to the provisions of Chapter 42, Division 5, Subdivision B, of this Code, Bulk Solid Materials.
(Ord. No. 2022-12, § 1, eff. 5-31-2022)
Sec. 50-12-366. - High-impact manufacturing or processing facilities.
(a)
In the MKT District, high-impact manufacturing or processing uses are limited to the following:
(1)
Carbonic ice manufacture; and
(2)
Meat products manufacturing or processing;
(b)
The regulations set forth in this section may not be modified or waived by the Board of Zoning Appeals.
(Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-367. - Crematory or pet crematory.
A crematory is permissible as a principal use only as a stand-alone facility.
(Ord. No. 2023-41, § 1, eff. 12-30-2023)
Sec. 50-12-371. - Antennas, in general.
Antennas may be installed, erected, and maintained within all zoning districts except the P1 District, but only in accordance with the provisions of this subdivision.
(Code 1984, § 61-12-291; Ord. No. 11-05, § 1(61-12-291), eff. 5-28-2005)
Sec. 50-12-372. - General regulations; permits not required.
Antennas that do not exceed 28 square feet in area or two feet in dish diameter, and that do not exceed 12 feet in height, may be erected and maintained in the rear setback and on the roof of any building without a building permit.
(Code 1984, § 61-12-292; Ord. No. 11-05, § 1(61-12-292), eff. 5-28-2005)
Sec. 50-12-373. - General regulations; permit required.
A building permit shall be required for:
(1)
All antennas and antenna towers more than 12 feet in height;
(2)
All dish antennas more than two feet in diameter; and
(3)
Any other antenna that exceeds 28 square feet in area.
(Code 1984, § 61-12-293; Ord. No. 11-05, § 1(61-12-293), eff. 5-28-2005)
Sec. 50-12-374. - General regulations; applications for permit.
Applications for a building permit to erect an antenna shall be submitted to the Buildings, Safety Engineering, and Environmental Department. At a minimum, application forms shall indicate the following:
(1)
The category and type of antenna, as listed in Section 50-16-113 of this Code;
(2)
The proposed location of the installation on the zoning lot, including the shortest distance between the closest R1, R2, or R3 District lot line and the outermost point of the antenna structure closest to it;
(3)
Dimensions of the antenna;
(4)
Total height of the proposed installation measured from established grade to the uppermost element of the antenna;
(5)
The number and type of all other existing antennas and antenna towers on the same zoning lot; and
(6)
Applicable UL listings.
(Code 1984, § 61-12-294; Ord. No. 11-05, § 1(61-12-294), eff. 5-28-2005)
Sec. 50-12-375. - General regulations; method of measurement.
The area of any parabolic dish antenna is computed as if it were a circle. The area of other antennas is the sum of the areas of each element, and the area of a single element is the product of the diameter of that element multiplied by its length. (See Figure 50-12-375.)
Figure 50-12-375
(For Informational Purposes Only)
Method of Measurement
(Code 1984, § 61-12-295; Ord. No. 11-05, § 1(61-12-295), eff. 5-28-2005)
Sec. 50-12-376. - General regulations; height, in general.
The height of antennas shall be governed generally by the following requirements:
(1)
Due to the variation in wind surfaces and snow surfaces of different antennas, and in order to protect public safety, height regulations shall vary for different types of antennas. In no case shall the height of antennas which are regulated by the Federal Communications Commission (FCC) exceed the height limitations established by the FCC;
(2)
Except as otherwise provided for in this subdivision, antennas which are greater than 28 square feet in area or greater than six feet in dish diameter shall not exceed the height limitations as specified for antennas in each zoning district;
(3)
Any antenna structure near airports or heliports that exceed 35 feet from established grade shall comply with applicable special regulations as provided for in Article XIV, Division 6, of this chapter.
(Code 1984, § 61-12-296; Ord. No. 11-05, § 1(61-12-296), eff. 5-28-2005)
Sec. 50-12-377. - General regulations; setbacks.
Setback requirements shall be governed generally by the following requirements:
(1)
Setbacks for roof-mounted antennas. Dish antennas that exceed six feet in diameter and other antennas that exceed 28 square feet in area, which are mounted on the roof of a structure in a residential zoning district or in the B1 or B2 Districts, shall not be erected nearer to any lot line than one-half the total height of the antenna above the roof, provided, that said setback is not less than three feet or one-half the diameter of the dish, whichever is greater, or be greater than one-half the width of the zoning lot. Insofar as possible, roof-mounted antennas shall be placed to the rear of the roof; and
(2)
Setbacks for ground-mounted antennas. Ground-mounted dish antennas, including those dish antennas mounted on a mast or pole or tower, shall be set back from all lot lines in residential zoning districts and in the B1 and B2 Districts not less than one-half the diameter of the antenna or three feet, whichever is greater. Ground-mounted conventional television antennas, and radio antennas, including those mounted on a mast or pole or tower, shall not be erected closer than three feet to any lot line in residential zoning districts and in the B1 and B2 Districts, subject to the encroachment and projection provisions of this subdivision; and
(3)
The prescribed setback shall be measured in the manner depicted in Figure 50-12-377.
Figure 50-12-377
(For Informational Purposes Only)
Measurement of Setback
(Code 1984, § 61-12-297; Ord. No. 11-05, § 1(61-12-297), eff. 5-28-2005)
Sec. 50-12-378. - General regulations; encroachments and projections.
Antennas shall not encroach or project across property lines, or into required setbacks, or be erected closer than 24 inches to telephone or power lines.
(Code 1984, § 61-12-298; Ord. No. 11-05, § 1(61-12-298), eff. 5-28-2005)
Sec. 50-12-379. - General regulations; sign antennas.
Lettering, numbers, symbols, other illustrative markings, or artistic renderings attached to, or painted on, any antenna are prohibited.
(Code 1984, § 61-12-299; Ord. No. 11-05, § 1(61-12-299), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)
Sec. 50-12-380. - General regulations; structural standards.
Antennas and their installation shall meet manufacturer's specifications and requirements of Chapter 8, Article II, of this Code, Building Code.
(Code 1984, § 61-12-300; Ord. No. 11-05, § 1(61-12-300), eff. 5-28-2005)
Sec. 50-12-381. - General regulations; placement restrictions.
Antennas, that are incidental and accessory to a principal use, shall be placed only on the same zoning lot as the principal structure.
(Code 1984, § 61-12-301; Ord. No. 11-05, § 1(61-12-301), eff. 5-28-2005)
Sec. 50-12-382. - General regulations; nonconforming uses.
Antennas for which a building permit was properly secured as required prior to February 19, 1988, and rendered nonconforming by the provisions of this subdivision shall be subject to the regulations of Article XV, Division 2, of this chapter governing such nonconforming uses.
(Code 1984, § 61-12-302; Ord. No. 11-05, § 1(61-12-302), eff. 5-28-2005)
Sec. 50-12-383. - General regulations; exceptions.
Antennas and towers erected in the several zoning districts for use by government utilities and public utilities that are listed in Section 50-16-422 of this Code, public law enforcement authorities, and public radio stations and public television stations are excepted from the placement restrictions, bulk restrictions, density restrictions, color and materials standards, setback provisions, and height limitations of this subdivision and of Article XIII, Division 1, Subdivision I, of this chapter and Article XIII, Division 1, Subdivision J, of this chapter.
(Code 1984, § 61-12-303; Ord. No. 11-05, § 1(61-12-303), eff. 5-28-2005)
Sec. 50-12-384. - General regulations; maintenance.
All antennas shall be maintained in good condition and in accordance with all requirements of this subdivision and of Article XIII, Division 1, Subdivision I, of this chapter and Article XIII, Division 1, Subdivision J, of this chapter. In addition, Category D antennas must be removed within two months of their abandonment or decommissioning.
(Code 1984, § 61-12-304; Ord. No. 11-05, § 1(61-12-304), eff. 5-28-2005; Ord. No. 13-09, § 1(61-12-304), eff. 8-21-2009)
Sec. 50-12-385. - General regulations; variances.
Permits which are denied by the Buildings, Safety Engineering, and Environmental Department may be considered by the Board of Zoning Appeals upon appeal and variances may be granted by the Board of Zoning Appeals as provided for in Section 50-4-129 of this Code, provided, that the following findings are made:
(1)
The antenna is not injurious to the safety, aesthetics, or property values of contiguous and surrounding property;
(2)
The antenna is required to remove an obstacle or condition that is preventing the reception or transmission of a signal;
(3)
The open space needs of potential occupants are adequately served;
(4)
The antenna complies with all applicable federal and state laws and this Code controlling or regulating such use.
(Code 1984, § 61-12-305; Ord. No. 11-05, § 1(61-12-305), eff. 5-28-2005)
Sec. 50-12-386. - Specific regulations; bulk restrictions.
The bulk of antennas shall be governed by the following requirements:
(1)
In all residential zoning districts and in the B1, B2, B3, and B4 Districts, the bulk of the following antennas shall be permitted by right: Dish antennas not exceeding a diameter measurement of 12 feet, and other antennas not exceeding 113 square feet in area;
(2)
In the R4, R5, and R6 residential districts and in the B1, B2, B3, and B4 Districts dish antennas with a diameter measurement exceeding 12 feet and other antennas exceeding 113 square feet in area may be permitted conditionally, subject to the general antenna variance conditions; and
(3)
Antennas in the B5 and B6 Districts, in all industrial districts, and in any PCA, TM, or SD2 District, are not subject to bulk restrictions.
(Code 1984, § 61-12-311; Ord. No. 11-05, § 1(61-12-311), eff. 5-28-2005)
Sec. 50-12-387. - Specific regulations; materials and colors.
In order to allow for the passage of air and light, and in order not to alter the essential character of a locality, or negatively impact the safety, aesthetics, or property values of contiguous or surrounding property, the following standards shall apply with respect to the materials and colors of antennas:
(1)
Black mesh or black perforated metal satellite television antennas shall be permitted by right in all zoning districts;
(2)
Where a satellite television antenna, for which a building permit is required, is to be located in any R4, R5, or R6 residential district or any B1, B2, B3, or B4 District and said antenna is farther than 40 feet from any R1, R2, and R3 District, or where said antenna is to be located in any B5 or B6 District, any industrial zoning district, or any PCA, TM or SD2 District, colors and materials in addition to black mesh and black perforated metal shall be permitted by right; and
(3)
When a satellite television antenna for which a building permit is required is to be located in an R1, R2, or R3 District or where located within 40 feet of an R1, R2 or R3 District in the R4, R5, or R6 residential districts or the B1, B2, B3 or B4 Districts, colors and materials in addition to black mesh and black perforated metal may be permitted as a conditional use.
(Code 1984, § 61-12-312; Ord. No. 11-05, § 1(61-12-312), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-312), eff. 12-6-2005)
Sec. 50-12-388. - Specific regulations; screening.
In all R1, R2, and R3 Districts and for installations proposed in the R4, R5, or R6 residential districts or in the B1, B2, B3 or B4 Districts within 40 feet of any R1, R2, or R3 District, antennas for which a building permit is required, which do not exceed 15 feet in height from established grade, shall be effectively screened from view between the antenna and residential properties and between the antenna and any street bordering the front or corner side yard by means of natural plants, trees, other structures or landscaping, or opaque fencing insofar as possible without obstructing the reception window of the antenna, but shall be not less than five feet in height from established grade. Screening higher than five feet is not required.
(Code 1984, § 61-12-313; Ord. No. 11-05, § 1(61-12-313), eff. 5-28-2005)
Sec. 50-12-389. - Specific regulations; antenna density restrictions.
In any residential zoning and in the B1, B2, B3, and B4 Districts, not more than one dish antenna exceeding six feet in dish diameter nor more than one radio antenna of the same type for which a permit is required, nor more than one conventional television antenna or microwave-receiving antenna exceeding 28 square feet in area may be located on a single zoning lot by-right:
(1)
Permitted by right. Where a dish antenna or radio antenna for which a building permit is required is proposed in the R4, R5, or R6 residential district, or proposed in the B1, B2, B3, and B4 Districts and is farther than 40 feet from any R1, R2, or R3 District, more than one dish antenna or radio antenna of the same type may be permitted by right where added to an already existing antenna tower exceeding 75 feet for which a building permit was properly secured;
(2)
Conditional. Where a dish antenna greater than six feet in diameter or radio antenna for which a building permit is required is proposed in the R4, R5, or R6 residential district, or in the B1, B2, B3, and B4 Districts and is farther than 40 feet from any R1, R2, or R3 District, more than one dish antenna or radio antenna of the same type may be permitted conditionally on a single zoning lot, subject to the general antenna variance findings;
(3)
Exceptions. Antenna density restrictions shall not apply to the B5 and B6 Districts or to any industrial zoning district or any PCA, TM, or SD2 District.
(Code 1984, § 61-12-314; Ord. No. 11-05, § 1(61-12-314), eff. 5-28-2005)
Sec. 50-12-390. - Height of antennas in the R1, R2, R3, and SD1 Districts.
The height of antennas in the R1, R2, R3, and SD1 Districts shall be governed by the following requirements:
(1)
The following antennas shall be permitted by right:
a.
Antennas for which a building permit is not required; and
b.
Antennas for which a building permit is required that do not exceed 15 feet in height from established grade;
(2)
The following antennas shall be permitted conditionally: antennas for which a building permit is required, and which exceed 15 feet in height from established grade and are located in or projecting into the rear setback or affixed to the roof of a structure, subject to the following conditions:
a.
The antenna shall not exceed 35 feet in height from established grade, except as otherwise provided for in this subdivision or in Article XIII, Division 1, Subdivision I or J, of this chapter;
b.
The excess height shall not negatively impact the safety, aesthetics, or property values of contiguous or surrounding property;
c.
The antenna structure and installation comply with all applicable structural and safety standards;
d.
The applicant has satisfactorily demonstrated that siting a dish antenna in the rear setback at a height not exceeding 15 feet above established grade would result in the obstruction of the antenna's reception window; and
e.
Such obstruction involves factors beyond the control of the applicant.
(Code 1984, § 61-12-315; Ord. No. 11-05, § 1(61-12-315), eff. 5-28-2005)
Sec. 50-12-391. - Height and other features of antennas in the R4, R5, R6, B1, and B2 Districts.
The height and other features of antennas in the R4, R5, R6, B1, and B2 Districts shall be governed by the following provisions:
(1)
The following antennas shall be permitted by right:
a.
Antennas for which a building permit is not required;
b.
Antennas for which a building permit is required, and which shall not exceed 28 square feet in area or six feet in dish diameter;
c.
Antennas for which a building permit is required, and which shall not exceed six feet in dish diameter or 28 square feet in area, that are located in the rear setback and not exceeding 15 feet in height from established grade;
d.
Antennas for which a building permit is required, that exceed 28 square feet in area or exceeding six feet in dish diameter, which are proposed to be erected farther than 40 feet from any R1, R2 or R3 District on the roof of a building that exceeds 75 feet in height from established grade, provided, that the roof already holds a penthouse, elevator penthouse, scenery loft, parapet, tower, cupola, dome, chimney, stack, or tank already excepted from height regulations as provided for in Section 50-13-233 of this Code, provided, further, that the height and area of the antenna structure shall not exceed the height and area of the roof structure already exempt from height regulations;
(2)
The following antennas, other than Category D antenna towers, shall be permitted conditionally: antennas, for which a building permit is required, that exceed 28 square feet in area or that exceed six feet in dish diameter and that exceed 15 feet in height from established grade, and are located in or projecting into the rear setback or affixed to the roof of a structure, provided, that the following findings are made:
a.
Said antenna shall not exceed 75 feet in height from established grade, or the height limitation for principal structures whichever is greater; or in the event a proposed antenna that exceeds 28 square feet in area or that exceeds six feet in dish diameter is to be located within 40 feet of any R1, R2, or R3 District, said antenna shall not exceed 35 feet in height from established grade;
b.
The excess height shall not negatively impact the safety, aesthetics, or property values of contiguous or surrounding property;
c.
The antenna structure and installation comply with all applicable structural and safety standards;
d.
The applicant has satisfactorily demonstrated that siting a dish antenna in the rear setback at a height not exceeding 15 feet above established grade would result in the obstruction of the antenna's reception window; and
e.
Such obstruction involves factors beyond the control of the applicant.
(3)
Category D antenna towers:
a.
Shall be prohibited where less than 120 feet from land zoned R1, R2, or R3 or from any single- or two-family dwelling; collocation of antennas on antenna towers located less than 120 feet from land zoned R1, R2, or R3 or from a single- or two-family dwelling requires a public hearing before the Buildings, Safety Engineering, and Environmental Department as an expansion of a conditional use and before the Board of Zoning Appeals as an expansion of a nonconforming structure;
b.
Shall be permitted on a conditional basis where located at least 120 feet from land zoned R1, R2, or R3, provided the height of the uppermost element of the antenna tower structure does not exceed the setback distance. (For example, a Category D antenna tower set back 120 feet from land zoned R1, R2, or R3 may not exceed 120 feet in height from established grade; a Category D antenna tower set back 130 feet from land zoned R1, R2, or R3 may not exceed 130 feet in height from established grade.)
(Code 1984, § 61-12-316; Ord. No. 11-05, § 1(61-12-316), eff. 5-28-2005; Ord. No. 44-06, § 1(61-12-316), eff. 12-21-2006; Ord. No. 13-09, § 1(61-12-316), eff. 8-21-2009)
Sec. 50-12-392. - Height and other features of antennas in the B3 and B4 Districts.
The height and other features of antennas in the B3 and B4 Districts shall be governed by the following provisions:
(1)
The following antennas shall be permitted by right:
a.
Antennas for which a building permit is not required;
b.
Antennas for which a building permit is required, and which shall not exceed 28 square feet in area or six feet in dish diameter;
c.
Antennas, other than Category D antenna towers, for which a building permit is required, that exceed 28 square feet in area or that exceed six feet in dish diameter, which are proposed to be erected farther than 40 feet from any R1, R2, or R3 District, and not exceeding 75 feet in height from established grade;
d.
Antennas for which a building permit is required, that exceed 28 square feet in area or that exceed six feet in dish diameter, which are proposed to be erected farther than 40 feet from any R1, R2, or R3 District on the roof of a building that exceeds 75 feet in height from established grade, provided, that the roof already holds a penthouse, elevator penthouse, scenery loft, parapet, tower, cupola, dome, chimney, stack, or tank already excepted from height regulations as provided for in 50-13-233 of this Code, provided, further, that the height and area of the antenna structure shall not exceed the height and area of the roof structure already exempt from height regulations; and
e.
Antennas, other than Category D antenna towers, for which a building permit is required, that exceed 28 square feet in area or that exceed six feet in dish diameter, which are proposed to be erected within 40 feet from any R1, R2 or R3 District, and not exceeding 35 feet in height from established grade.
(2)
The following antennas, other than Category D antenna towers, shall be permitted conditionally: Antennas for which a building permit is required, that exceed 28 square feet in area or that exceed six feet in dish diameter and that exceed 35 feet in height from established grade, and are proposed to be erected within 40 feet from any R1, R2, or R3 District, provided, that the following findings are made:
a.
Any proposed antenna shall not exceed 75 feet in height from established grade;
b.
The excess height shall not negatively impact the safety, aesthetics, or property values of contiguous or surrounding property;
c.
The antenna structure and installation comply with all applicable structural and safety standards;
d.
The applicant has satisfactorily demonstrated that siting the antenna at a height not exceeding 35 feet above established grade would result in the obstruction of the antenna's reception window and that such obstruction involves factors beyond the control of the applicant.
(3)
Category D antenna towers:
a.
Shall be prohibited where less than 120 feet from land zoned R1, R2, or R3 or from any single- or two-family dwelling; collocation of antennas on antenna towers located less than 120 feet from land zoned R1, R2, or R3 or from a single- or two-family dwelling requires a public hearing before the Buildings, Safety Engineering, and Environmental Department as an expansion of a conditional use and before the Board of Zoning Appeals as an expansion of a nonconforming structure;
b.
Shall be permitted on a conditional basis where located at least 120 feet from land zoned R1, R2, or R3, provided the height of the uppermost element of the antenna tower structure does not exceed the setback distance. (For example, a Category D antenna tower set back 120 feet from land zoned R1, R2, or R3 may not exceed 120 feet in height from established grade; a Category D antenna tower set back 130 feet from land zoned R1, R2, or R3 may not exceed 130 feet in height from established grade.)
(Code 1984, § 61-12-317; Ord. No. 11-05, § 1(61-12-317), eff. 5-28-2005; Ord. No. 44-06, § 1(61-12-317), eff. 12-21-2006; Ord. No. 13-09, § 1(61-12-317), eff. 8-21-2009)
Sec. 50-12-393. - Antennas in the PD, PC, PCA, TM, PR, and W1 Districts.
(a)
All antennas shall be subject to review by the Planning and Development Department and the City Planning Commission for the appropriateness of the following:
(1)
Antenna diameter and dimensions;
(2)
Setbacks;
(3)
Setback requirements;
(4)
Number of antennas per zoning lot;
(5)
Height limitations;
(6)
Screening; and
(7)
Materials and coloration.
(b)
Category D antenna towers shall be prohibited in the TM and W1 Districts where less than 120 feet from a single- or two-family dwelling; collocation of antennas on antenna towers located less than 120 feet from land zoned R1, R2, or R3 or from a single- or two-family dwelling requires a public hearing before the Board of Zoning Appeals as an expansion of a nonconforming structure.
(Code 1984, § 61-12-318; Ord. No. 11-05, § 1(61-12-318), eff. 5-28-2005; Ord. No. 13-09, § 1(61-12-318), eff. 8-21-2009)
Sec. 50-12-394. - Height; waiver of height restrictions on satellite television antennas.
In those instances where an obstruction would affect the reception window of a proposed satellite television antenna, the enforcing official shall investigate, upon the applicant's request, the proposed installation. Where a pre-inspection report of the Buildings, Safety Engineering, and Environmental Department conclusively verifies that a proposed satellite television antenna that would be located in the rear setback and would not exceeding 15 feet in height from established grade in any R1, R2, R3, R4, R5, R6, B1, or B2 District would be prevented from receiving a satellite signal due to an architectural obstruction or due to obstruction from trees on other zoning lots, the 15-foot height limitation shall be waived by the Department to allow the unobstructed reception of satellite television signals, provided, that the uppermost point of the satellite television antenna does not exceed 20 feet in height from established grade.
(Code 1984, § 61-12-319; Ord. No. 11-05, § 1(61-12-319), eff. 5-28-2005)
Sec. 50-12-395. - Height; exceptions to height regulations.
Exceptions to height regulations shall apply in these situations:
(1)
Antennas for which a building permit is required need not be included in determining the height of a building or structure in the B5 and B6 Districts, or in any industrial zoning district, or in any PCA, TM, or SD2 District; and
(2)
Where located in a residential district or in the B1, B2, B3, or B4 business districts, Category B radio antennas and towers may exceed the allowable height regulations on accessory structures but in no case shall the radio tower exceed applicable FCC height limitations or a height of 75 feet from established grade, whichever is less.
(Code 1984, § 61-12-320; Ord. No. 11-05, § 1(61-12-320), eff. 5-28-2005)
Sec. 50-12-396. - Permissibility and review; Category D antenna towers.
Category D antenna towers shall be governed by the following provisions:
(1)
Review. All Category D antennas shall be subject to review by the Wireless Telecommunications Site Review Committee as provided for in Article II, Division 6, Subdivision G, of this chapter;
(2)
Permitted by right. Notwithstanding the height limitations specified in Article XIII, Division 1, of this chapter, Category D antenna towers shall be permitted by right in the B5 and B6 Districts, all industrial zoning districts, and in any PCA, TM, or SD2 District where more than 120 feet from any single- or two-family dwelling; Building-mounted antennas: except as provided for in Subsection (5) of this section, antennas, such as those for cellular telephones that are often affixed to antenna towers exceeding 75 feet in height, may be mounted to the wall, roof, or other surface of an existing building or other existing structure on a by-right basis in the R4, R5, R6, B1, B2, B3, B4, B5, B6, M1, M2, M3, M4, M5, PC, PCA, TM, PR, W1, MKT, SD1, SD2, and SD4 Districts, provided, that the antennas are effectively concealed or camouflaged;
(3)
Conditional. Notwithstanding the height limitations specified in Article XIII, Division 1, of this chapter for the R4, R5, R6, B1, B2, B3, B4 and PR Districts, Category D antenna towers may be permitted as a conditional use in the R4, R5, and R6 residential districts and in B1, B2, B3, and B4 Districts, and in the PR special zoning district where proposed farther than 120 feet from any R1, R2, or R3 District and from any single- or two-family dwelling, subject to the findings specified in Section 50-12-385(1) of this Code, and subject to conditions as deemed necessary by the Buildings, Safety Engineering, and Environmental Department, including, but not limited to, antenna tower dimensions, setback requirements, number of antenna towers per zoning lot, height limitations, screening, and materials and coloration; Category D antenna towers may also be permitted as a conditional use in the R1, R2, and R3 residential districts on the grounds of a lighted athletic field, notwithstanding the prohibition in Subsection (4)a of this section, where proposed;
(4)
Prohibited. Except as delineated in Subsections (3) and (5) of this section, Category D antennas are prohibited:
a.
In the R1, R2, and R3 Districts;
b.
In the R4, R5, R6, B1, B2, B3, B4, and PR Districts where located within 120 feet of any R1, R2, or R3 District or a single- or two-family dwelling. Distance shall be measured between the closest R1, R2, R3 District lot line and the outermost point of the antenna structure closest to it;
c.
In the SD4 District, except as accessory to a land use specified in Article XI, Division 12, of this chapter; and
d.
In the TM, W1, M1, M2, M3, M4, M5 Districts where less than 120 feet from a single- or two-family dwelling; collocation of antennas on antenna towers located less than 120 feet from land zoned R1, R2, or R3 or from a single- or two-family dwelling requires a public hearing before the Board of Zoning Appeals as an expansion of a nonconforming structure; and
(5)
Exception to prohibition. Notwithstanding the prohibitions that are contained in Subsection (4) of this section, antennas, such as those for cellular telephones that are often affixed to antenna towers exceeding 75 feet in height, may be mounted to the wall, roof, or other surface of an existing building or other existing structure in the R1, R2, R3, R4, R5, R6, B1, B2, B3, B4, PR, and SD4 Districts:
a.
Subject to review by the Wireless Telecommunications Site Review Committee;
b.
Provided the antennas are effectively concealed or camouflaged; and
c.
As a conditional use, subject to Article III, Division 7, of this chapter.
(Code 1984, § 61-12-321; Ord. No. 11-05, § 1(61-12-321), eff. 5-28-2005; Ord. No. 44-06, § 1(61-12-321), eff. 12-21-2006; Ord. No. 13-09, § 1(61-12-321), eff. 8-21-2009; Ord. No. 2022-17, § 1, eff. 10-4-2022)
Sec. 50-12-397. - Farm products and uses; prohibited.
The following farm products shall be prohibited from being produced on an urban garden or urban farm:
(1)
Farm animals, as described in Chapter 6 of this Code, Animal Care, Control, and Regulation;
(2)
Prohibited tree species under Section 50-14-324 of this Code and any other plants deemed injurious or invasive by the General Services Department Forestry Division;
(3)
Oats, wheat, and rye, in order to prevent rodents, except when used as a winter cover crop and not grown to full maturity.
(Code 1984, § 61-12-326; Ord. No. 10-13, § 1(61-12-326), eff. 4-16-2013)
Sec. 50-12-398. - Sale of farm products.
Sale of farm products grown or produced at urban gardens and urban farms is allowed as an accessory use at a farm stand located on the property of the urban garden or urban farm from which the farm product is grown or produced as defined in Section 50-16-201 of this Code. Sale of farm products grown or produced at urban gardens and urban farms is also allowed at farmers' markets as defined in Section 50-16-201 and subject to the provisions of Section 50-12-109, or directly to public or private entities, retail or wholesale.
(Code 1984, § 61-12-327; Ord. No. 10-13, § 1(61-12-327), eff. 4-16-2013)
Sec. 50-12-399. - Solid waste storage.
Solid waste containers shall be located to the rear of the property unless the Department of Public Works determines that another location creates less impact on the adjacent properties.
(Code 1984, § 61-12-328; Ord. No. 10-13, § 1(61-12-328), eff. 4-16-2013)
Sec. 50-12-400. - Setback and height requirements.
(a)
Buildings and structures related to agricultural uses must comply with the accessory structure setback and height requirements in Article XIII, Division 1, of this chapter, with the exception of rear yard requirements.
(b)
Cultivation must comply with the following additional setback requirements:
(1)
Crop areas must be set back at least five feet from all property lines. The required setback must be covered with ground plants, not planted with the intent to harvest, which may include native species grasses and ornamental grasses.
(2)
Orchards and tree farms shall be set back at least 15 feet from the lot line of any lot developed with a residential, public/civic/institutional, retail/service/commercial, or manufacturing/industrial land use.
(3)
Greenhouses and hoophouses shall be set back at least five feet from the rear property line.
(Code 1984, § 61-12-329; Ord. No. 10-13, § 1(61-12-329), eff. 4-16-2013; Ord. No. 38-14, § 1(61-12-329), eff. 10-16-2014)
Sec. 50-12-401. - Lighting.
Lighting, if provided, shall be shielded so that all directly emitted light falls within the property.
(Code 1984, § 61-12-330; Ord. No. 10-13, § 1(61-12-330), eff. 4-16-2013)
Sec. 50-12-402. - Reserved.
Editor's note— Ord. No. 2020-12, § 1, effective December 9, 2020, repealed Sec. 50-12-402, Signage. Former Sec. 50-12-402 pertained to signage—urban agriculture and derived from Sec. 61-12-331 of the 1984 Detroit City Code and Ord. No. 10-13, § 1(61-12-331), effective April 16, 2013.
Sec. 50-12-403. - Notice to abutting property owners and/or occupants.
All urban gardens permitted on a conditional use basis and all urban farms shall provide each abutting property owner or occupant, and/or the first nearest property owner or occupant of an occupied dwelling or business, written notice of the garden or farm owner's or owner's agent's name, address, and telephone number for the urban garden or urban farm, no less than 30 days prior to the start of any agricultural development or site preparation. The notice shall include a description of the planned agricultural use.
(Code 1984, § 61-12-332; Ord. No. 10-13, § 1(61-12-332), eff. 4-16-2013)
Sec. 50-12-404. - Property maintenance.
In accordance with Chapter 8, Article XV, of this Code, Property Maintenance Code:
(1)
The property shall be maintained free of high grass (with the exception of purposely cultivated native species, which shall be allowed), weeds or debris. Dead garden plants shall be regularly removed; and in any instance, no later than November 30th of each year.
(2)
Plants from cultivated areas shall be prevented from encroaching onto adjacent properties or onto the public right-of-way.
(3)
The property shall generally be maintained in an orderly and neat condition.
(Code 1984, § 61-12-333; Ord. No. 10-13, § 1(61-12-333), eff. 4-16-2013)
Sec. 50-12-405. - Drainage.
The property shall be maintained so as to prevent the free flow of stormwater, irrigation water, chemicals, dirt, or mud across or onto adjacent lots, properties, public streets, alleys, or into sewers through the use of appropriate best management practices such as planting cover crops, mulching, and using erosion control barriers to prevent the discharge of nutrient- and sediment-laden runoff.
(Code 1984, § 61-12-334; Ord. No. 10-13, § 1(61-12-334), eff. 4-16-2013; Ord. No. 37-17, § 1(61-12-334), eff. 2-6-2018)
Sec. 50-12-406. - Nuisance; general.
Agricultural operations shall not be detrimental to the physical environment or to public health and general welfare by reason of excessive production of noise, smoke, fumes, vibrations, or odors. All operating equipment, such as fans, shall be located or buffered so as to prevent unreasonably high noise levels at any point on the property boundary.
(Code 1984, § 61-12-335; Ord. No. 10-13, § 1(61-12-335), eff. 4-16-2013)
Sec. 50-12-407. - Motorized and other equipment; storage; noise; hours of operation.
(a)
Tools, supplies, and machinery shall be stored in an enclosed structure or removed from the property daily. All chemicals and fuels shall be stored off the ground, in an enclosed, locked structure when the site is unattended.
(b)
Motorized equipment within a residential zoning district or residential planned development district shall be restricted to hours beginning at 8:00 a.m. and ending at 8:00 p.m. Equipment, such as fans, necessary for the operation of greenhouses is exempted from this provision.
(Code 1984, § 61-12-336; Ord. No. 10-13, § 1(61-12-336), eff. 4-16-2013)
Sec. 50-12-408. - Restroom facilities.
If temporary restroom facilities are provided on site, they shall be screened on at least three sides from public view by an opaque impact-resistant fence of sufficient height to screen the facility.
(Code 1984, § 61-12-337; Ord. No. 10-13, § 1(61-12-337), eff. 4-16-2013)
Sec. 50-12-409. - Compost piles.
Compost piles, as defined in Section 50-16-153 of this Code, must be located as close as is practicable to the rear crop setback (five feet from the property line) and at least 20 feet from the nearest principal residential structure.
(Code 1984, § 61-12-338; Ord. No. 10-13, § 1(61-12-338), eff. 4-16-2013)
Sec. 50-12-410. - Compliance with other regulations.
Agricultural operations shall comply with all applicable local, state, and federal regulations.
(Code 1984, § 61-12-339; Ord. No. 10-13, § 1(61-12-339), eff. 4-16-2013)
Sec. 50-12-411. - Heliports.
In the B5 and B6 Districts, heliports shall be permitted only after report and recommendation from the Airport Department and upon finding that such use is suitable in relation to the features and objectives of the Master Plan and not contrary to the spirit, intent, and purpose of this district.
(Code 1984, § 61-12-341; Ord. No. 11-05, § 1(61-12-341), eff. 5-28-2005; Ord. No. 10-13, § 1(61-12-341), eff. 4-16-2013)
Sec. 50-12-412. - Adult uses/sexually-oriented businesses.
Adult uses/sexually-oriented businesses shall be subject to the following provisions requirements:
(1)
Adult uses/sexually-oriented businesses shall comply with the requirements in Chapter 5, Article XII, of this Code, Sexually-Oriented Businesses;
(2)
Adult uses/sexually-oriented businesses shall comply with the general development standards of Article XIV of this chapter, pursuant to Section 50-14-2 of this Code. All required parking shall be provided on the same zoning lot as the proposed adult use; and
(3)
The establishment of the adult use will not violate any land use prohibition of any adopted development plan as provided in Article IV, Division 1, of this chapter.
(Code 1984, § 61-12-342; Ord. No. 01-10, § 1(61-12-342), eff. 4-1-2010; Ord. No. 10-13, § 1(61-12-342), eff. 4-16-2013; Ord. No. 2020-12, § 1, eff. 12-9-2020)
Sec. 50-12-413. - Medical marijuana facilities and adult-use marijuana establishments.
(a)
The regulations in this chapter pertaining to medical marijuana facilities and adult-use marijuana establishments are intended to provide for permitting of associated land use categories, to prevent an over concentration of like uses, and to ensure the diversification of commercial and retail offerings along major and secondary corridors in order:
(1)
To serve and protect the health, safety and welfare of the general public through reasonable limitations on land use as it relates to traffic, noise, light, air and water quality, neighborhood and patient safety, security, and other health and safety concerns;
(2)
To regulate land used in the operation of activities authorized by the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, being MCL 333.26421 et seq. ("MMMA"), the Michigan Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016, being MCL 333.27101 et seq. ("MMFLA"), and the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, being MCL 333.27951 et seq. ("MRTMA");
(3)
To establish land use restrictions that are fair and equitable for those interested in establishing medical marijuana facilities and adult-use marijuana establishments, while protecting adjacent properties from potential adverse effects; and
(4)
To provide reasonable regulation of land use pursuant to the City's general zoning power granted to cities by the 1963 Michigan Constitution, the Michigan Home Rule City Act, being MCL 117.1 et seq., and the Michigan Zoning Enabling Act, being MCL 125.3401 et seq.
(b)
Nothing in this chapter, or in any companion regulatory provisions of any other chapter of this Code, is intended to prohibit, or to be construed as prohibiting, access to health care or medical marijuana by registered medical marijuana patients.
(c)
Nothing in this chapter, or in any companion regulatory provisions of any other chapter of this Code, is intended to grant, or to be construed as granting, immunity from criminal prosecution:
(1)
For the cultivation, sale, consumption, use, distribution, manufacture or possession of marijuana in any form not in compliance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, being MCL 333.26421 et seq. ("MMMA"), or the Michigan Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016, being MCL 333.27101 et seq. ("MMFLA"), or the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, being MCL 333.27951 et seq. ("MRTMA"); or
(2)
Any criminal prosecution under federal law including seizure of property under the federal Controlled Substances Act, being 21 USC 801 et seq.
(d)
Applications for medical marijuana caregiver centers will not be accepted after October 14, 2018, provided, that:
(1)
Medical marijuana caregiver centers that were legally established and issued a building permit or Certificate of Occupancy prior to October 14, 2018 are lawful nonconforming uses;
(2)
A lawful nonconforming medical marijuana caregiver center may convert to a medical marijuana provisioning center facility or to a marijuana retailer establishment by submitting a change of use application subject to any additional regulations for medical marijuana provisioning center facilities set forth in this Code; and
(3)
A lawful nonconforming medical marijuana caregiver center may convert to any type of medical marijuana facility other than a medical marijuana provisioning center facility, or to any type of adult-use marijuana establishment other than a marijuana retailer establishment, by submitting an application for the proposed use, subject to applicable zoning and any additional regulations for medical marijuana facilities and adult-use marijuana establishments set forth in this Code.
(e)
If a property has previously received zoning approval for a medical marijuana facility or adult-use marijuana establishment, no further approval is required under this chapter to operate a business under an equivalent license at the property, provided, that a new business license under Chapter 20, Article VI, of this Code, Medical Marijuana Facilities and Adult-Use, Marijuana Establishments, and a state operating license are required prior to commencing operation.
(f)
Medical marijuana facilities and adult-use marijuana establishments are subject to the following:
(1)
Medical marijuana facilities and adult-use marijuana establishments must be licensed as such by the State of Michigan, as well as by the City of Detroit in accordance with Chapter 20, Article VI, of this Code, Medical Marijuana Facilities and Adult-Use Marijuana Establishments, and shall be required to have such license prior to opening for business and as a condition for continued operation;
(2)
A medical marijuana facility or adult-use marijuana establishment shall not allow loitering inside or outside its premises and shall take care to prevent the transmission of any odors from the medical marijuana facility or adult-use marijuana establishment to the exterior of the licensed premises;
(3)
A marijuana grower facility may operate only in a commercial or industrial building that has a footprint, which does not exceed 30,000 square feet, and that is located on a parcel no larger than three acres. A marijuana grower facility may operate in a multi-story building subject to applicable height limitations. A marijuana grower facility may operate in a building that has a footprint, which exceeds 30,000 square feet but does not exceed 50,000 square feet regardless of height, and is located on a parcel no larger than five acres only if the marijuana grower facility is co-located with another medical marijuana facility or another adult-use marijuana establishment;
(4)
Marijuana grower facilities must not grow marijuana outdoors;
(5)
Designated marijuana consumption establishments may be located on the same zoning lot and/or in the same building as a non-marijuana use, as a separate principal use of the premises, subject to all applicable regulations of this Code and operated in accordance with the rules promulgated by the State of Michigan. Outdoor activities shall be prohibited for designated marijuana consumption establishments; and
(6)
Multiple types of medical marijuana facilities and adult-use marijuana establishments may co-locate in the same building or facility as separate principal uses of the premises, subject to all applicable regulations of this Code and the rules promulgated by the State of Michigan, provided, that the spacing regulations contained in Section 50-12-132 of this Code shall not prohibit a marijuana retail/provisioning facility or marijuana microbusiness from operating at a location shared with a medical marijuana facility operating pursuant to the Michigan Medical Marijuana Facilities Licensing Act, Public Act 281 of 2016, being MCL 333.27101 et seq. The applicant may submit a joint application for any permissible combination of uses, but each use requires separate approval under this Code.
(Code 1984, § 61-12-343; Ord. No. 31-15, § 1(61-12-343), eff. 3-1-2016; Ord. No. 20-18, § 1(61-12-343), eff. 10-14-2018; Ord. No. 2020-12, § 1, eff. 12-9-2020; Ord. No. 2021-9, § 1, eff. 4-3-2021; Ord. No. 2023-29, § 1, eff. 8-10-2023)
Sec. 50-12-451. - Allowed uses.
By-right uses and approved conditional uses shall be deemed to include accessory uses, as defined in Section 50-16-111 of this Code, and activities that are necessarily and customarily associated with, on the same zoning lot as, and are clearly incidental and subordinate to, the principal uses allowed in zoning districts. Unless otherwise expressly stated, accessory uses and activities shall be subject to the specific use standards of Division 3 of this article.
(Code 1984, § 61-12-361; Ord. No. 11-05, § 1(61-12-361), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-361), eff. 12-6-2005)
Sec. 50-12-452. - General provisions; time of establishment and construction; discontinuation of principal use.
Accessory buildings, structures, and land uses shall be subject to the following requirements:
(1)
No accessory building or structure shall be constructed on any zoning lot prior to the time of construction of the principal building to which it is accessory;
(2)
No accessory building, structure or use shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized;
(3)
In the event the principal use of the land is discontinued or abandoned, any surviving accessory use may continue as a principal use only in accordance with the provisions for that surviving use in that district. For example, a service garage or bump shop established on a by-right basis in a B4 District as accessory to a new car dealership may wish to continue operation after the car dealership closes. Because such motor vehicle service facilities are a conditional use in B4, a new permit would be needed subject to Article III, Division 7, of this chapter;
(4)
Structures accessory to nonconforming uses are subject to Section 50-15-57 of this Code;
(5)
Structures accessory to conditional uses are subject to Section 50-3-307 of this Code.
(Code 1984, § 61-12-362; Ord. No. 11-05, § 1(61-12-362), eff. 5-28-2005)
Sec. 50-12-453. - General provisions; use of vehicles as accessory structures prohibited.
No truck, truck tractor, semitrailer, bus, or recreational vehicle may be permitted as a permanent structure or as an accessory building.
(Code 1984, § 61-12-363; Ord. No. 11-05, § 1(61-12-363), eff. 5-28-2005)
Sec. 50-12-454. - General provisions; limitations on use of accessory structure.
In the R1 and R2 Districts, accessory buildings shall not be occupied for dwelling purposes or used for any business profession, trade, or occupation, except, that carriage houses built prior to 1940 may continue to be occupied for dwelling purposes.
(Code 1984, § 61-12-364; Ord. No. 11-05, § 1(61-12-364), eff. 5-28-2005)
Sec. 50-12-455. - General provisions; permit required.
A permit shall be required for any accessory structure exceeding 100 square feet of gross floor area.
(Code 1984, § 61-12-365; Ord. No. 11-05, § 1(61-12-365), eff. 5-28-2005)
Sec. 50-12-456. - Operation.
Accessory uses shall be constructed, maintained, and conducted to avoid production of noise, vibration, concussion, dust, dirt, smoke, odors, noxious gases, fly ash, heat, and glare from artificial illumination or from reflection of natural light.
(Code 1984, § 61-12-366; Ord. No. 11-05, § 1(61-12-366), eff. 5-28-2005)
Sec. 50-12-457. - Dimensional standards for accessory structures.
For dimensional standards for accessory uses see Section 50-13-206 of this Code.
(Code 1984, § 61-12-367; Ord. No. 11-05, § 1(61-12-367), eff. 5-28-2005)
Sec. 50-12-458. - Accessory outdoor operations—Sales, display, or storage.
Accessory outdoor sales, display, or storage may be permitted in the B2, B3, B4, B5, B6, M1, M2, M3, M4, PCA, TM, and SD2 Districts without need for a temporary use permit, subject to Section 50-12-459 through Section 50-12-463 of this Code.
(Code 1984, § 61-12-368; Ord. No. 11-05, § 1(61-12-368), eff. 5-28-2005)
Sec. 50-12-459. - Accessory outdoor operations—Setback areas.
No accessory outdoor sales, display, or storage area shall be placed or maintained within a required front or side setback area or on required parking or loading spaces.
(Code 1984, § 61-12-369; Ord. No. 11-05, § 1(61-12-369), eff. 5-28-2005)
Sec. 50-12-460. - Accessory outdoor operations—Public property.
No accessory outdoor sales, display, or storage shall occupy any public sidewalk, public street, or other public property, except as provided for in Chapter 43, Article VIII, of this Code, Encroachments and Obstructions.
(Code 1984, § 61-12-370; Ord. No. 11-05, § 1(61-12-370), eff. 5-28-2005)
Sec. 50-12-461. - Accessory outdoor operations—Screening.
All accessory outdoor storage areas shall be screened as required under Section 50-14-365 of this Code.
(Code 1984, § 61-12-371; Ord. No. 11-05, § 1(61-12-371), eff. 5-28-2005)
Sec. 50-12-462. - Accessory outdoor operations—Waste.
No storage or accumulation of solid or hazardous waste or waste products, including paint, stain, oils, grease, or other flammable, toxic, or hazardous materials, or stagnant water shall be permitted in any outdoor sales or storage area.
(Code 1984, § 61-12-372; Ord. No. 11-05, § 1(61-12-372), eff. 5-28-2005)
Sec. 50-12-463. - Accessory outdoor operations—Limitation on size.
The accessory outdoor sales or outdoor display area shall not exceed ten percent of the gross floor area of the principal building.
(Code 1984, § 61-12-373; Ord. No. 11-05, § 1(61-12-373), eff. 5-28-2005)
Sec. 50-12-464. - Accessory uses not permitted.
Medical marihuana caregiver centers are not permitted as accessory uses, nor may they include accessory uses.
(Code 1984, § 61-12-374; Ord. No. 31-15, § 1(61-12-374), eff. 3-1-2016)
Sec. 50-12-481. - Where allowed.
Home occupations that comply with the regulations of this subdivision are allowed within a dwelling unit, without need for a permit or registration unless otherwise specified in this subdivision, where such home occupation is incidental and subordinate to the use of the dwelling for residential purposes.
(Code 1984, § 61-12-381; Ord. No. 11-05, § 1(61-12-381), eff. 5-28-2005; Ord. No. 31-15, § 1(61-12-381), eff. 3-1-2016)
Sec. 50-12-482. - Allowed uses.
The regulations of this subdivision establish performance standards rather than detailed lists of allowed home occupations. Uses that comply with all of the standards of this subdivision will be allowed as home occupations unless they are specifically prohibited by Section 50-12-492 of this Code.
(Code 1984, § 61-12-382; Ord. No. 11-05, § 1(61-12-382), eff. 5-28-2005)
Sec. 50-12-483. - Size.
A home occupation may occupy not more than 25 percent of the total floor area of the principal dwelling or rooming unit, or more than 500 square feet of floor area, except for home occupations in lofts which may occupy up to 45 percent of the total floor area of such dwelling unit.
(Code 1984, § 61-12-383; Ord. No. 11-05, § 1(61-12-383), eff. 5-28-2005)
Sec. 50-12-484. - Employees.
Non-resident employees are not permitted with a home occupation in the R1 and R2 Districts. In districts other than R1 and R2, a maximum of two non-resident employees are allowed with a home occupation. For the purpose of this provision, the term "non-resident employee" includes an employee, business partner, co-owner, or other person affiliated with the home occupation, who does not live in the dwelling unit, but who visits the dwelling unit as part of the home occupation.
(Code 1984, § 61-12-384; Ord. No. 11-05, § 1(61-12-384), eff. 5-28-2005)
Sec. 50-12-485. - Off-street parking.
In those zoning districts where non-resident employees are allowed, as provided for in Section 50-12-484 of this Code, at least one off-street parking space shall be provided for each non-resident employee of the home occupation in addition to residential parking requirements. The parking or storage of commercial vehicles on land zoned R1, R2, R3, R4, R5, R6, and residential PD shall be prohibited.
(Code 1984, § 61-12-385; Ord. No. 11-05, § 1(61-12-385), eff. 5-28-2005)
Sec. 50-12-486. - Resident operator.
The operator of a home occupation shall be a full-time resident of the dwelling unit.
(Code 1984, § 61-12-386; Ord. No. 11-05, § 1(61-12-386), eff. 5-28-2005)
Sec. 50-12-487. - Visitors, clients or customers.
The home occupation shall not cause an increase in traffic to and from the dwelling by visitors, clients, or customers so as to be contrary to the normal amounts and timing of traffic by residents and guests customary to the neighborhood.
(Code 1984, § 61-12-387; Ord. No. 11-05, § 1(61-12-387), eff. 5-28-2005)
Sec. 50-12-488. - Reserved.
Editor's note— Ord. No. 2020-12, § 1, effective December 9, 2020, repealed Sec. 50-12-488, Signs. Former Sec. 50-12-488 pertained to signs; home occupations and derived from Sec. 61-12-388 of the 1984 Detroit City Code, being Ord. No. 11-05, § 1(61-12-388), effective May 28, 2005.
Sec. 50-12-489. - Exterior appearance.
There shall be no visible evidence of the conduct of a home occupation when viewed from the street right-of-way or from an adjacent lot. Home occupations shall not involve any exterior alteration that would affect a substantial change in the residential character of the building.
(Code 1984, § 61-12-389; Ord. No. 11-05, § 1(61-12-389), eff. 5-28-2005)
Sec. 50-12-490. - Professional offices.
Professional offices shall be permitted as home occupations only where such office activity is conducted entirely within the residence and incidental to the residential use of the premises.
(Code 1984, § 61-12-390; Ord. No. 11-05, § 1(61-12-390), eff. 5-28-2005)
Sec. 50-12-491. - Retailing and wholesaling prohibited.
Except for arts and crafts produced and picked up on the premises or off-premises orders made by mail, telephone, facsimile, the internet, or at a sales party that are picked up on the premises, the operation of any retail store or wholesaling business, or the direct sale of products, are prohibited as a home occupation.
(Code 1984, § 61-12-391; Ord. No. 11-05, § 1(61-12-391), eff. 5-28-2005)
Sec. 50-12-492. - Prohibited uses and activities.
(a)
Any sale of fireworks, any firearms dealership, any materials or service characterized by an emphasis on "specified anatomical areas" or "specified sexual activities" as defined in Section 50-16-384 of this Code, and any type of repair or assembly of vehicles or equipment with internal combustion engines, such as automobiles, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws and other small engines, are prohibited. Any other work related to automobiles and their parts that is not conducted as a home occupation and that is merely incidental and accessory to the principal use is subject to Section 50-8-27 of this Code.
(b)
In addition, no home occupation may use, store, handle, or manage "significant quantities" of hazardous substances as defined in Section 50-16-241 of this Code. For purposes of this provision, the term "significant quantities" means amounts exceeding those commonly used for typical residential or office purposes, provided, that this does not include gasoline, oil, or other vehicle fluids that are contained in vehicles traversing or parked at a property for individual use or on a short-term basis.
(c)
Further, those land uses specified in Section 50-12-21 of this Code, the "group living" use category, being an adult foster care facility, assisted living facility, convalescent, nursing or rest home, emergency shelter, fraternity or sorority house, home for the aged, religious residential facility, residential substance abuse service facility, rooming house, and shelter for survivors of domestic violence, and in Section 50-12-23 of this Code, the "institutional living" use category, being boarding school, dormitory, child caring institution, penal or correctional institution, detention facility, and pre-release adjustment center, may only be permitted as principal uses of the land in those zoning districts where such uses are permitted. In no instance shall such uses be considered as a home occupation accessory to a single-family dwelling, two-family dwelling, multiple-family dwelling, townhouse, or loft.
(d)
Use of a dwelling to accommodate paid overnight guests is prohibited as a home occupation; notwithstanding this regulation, public accommodations, including bed and breakfast inns outside the R1 and R2 Districts, are permitted as provided for in Section 50-12-65 of this Code.
(Code 1984, § 61-12-392; Ord. No. 11-05, § 1(61-12-392), eff. 5-28-2005; Ord. No. 37-17, § 1(61-12-392), eff. 2-6-2018; Ord. No. 2022-5, § 1, eff. 3-23-2022)
Sec. 50-12-493. - Nuisances.
No home occupation may operate in such a manner so as to create a nuisance to surrounding property. Nuisances created by the home occupation stemming from traffic, parking, noise, or disturbance of the peace shall be considered "nuisances in fact."
(Code 1984, § 61-12-393; Ord. No. 11-05, § 1(61-12-393), eff. 5-28-2005)
Sec. 50-12-494. - Cultivation of medical marihuana.
Cultivation of medical marihuana shall be permitted as a home occupation where the resident operating the business registers the home occupation with the Buildings, Safety Engineering, and Environmental Department and:
(1)
The resident operating the business in the dwelling unit is a registered primary caregiver, in compliance with the General Rules of the Michigan Department of Community Health and the Michigan Medical Marihuana Act, P.A. 2008, Initiated Law, being MCL 333.26421 et seq.;
(2)
The portion of the dwelling unit used for cultivation shall be inspected upon registration and annually thereafter for compliance with this chapter, Chapter 18, Article I, of this Code, Fire Prevention and Protection Code, and Chapter 8, Article XV, of this Code, Property MaintenanceCode;
(3)
All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the dwelling unit where electrical wiring, lighting, ventilation systems and/or watering devices that support the cultivation, growing, or harvesting of marihuana are to be installed;
(4)
If a room with windows is utilized as a growing location, any lighting methods used between the hours of 11:00 p.m. to 7:00 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent properties;
(5)
The portion of the dwelling unit where energy usage and heat exceed typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides and fertilizers shall be subject to inspection and approval upon registration and annually thereafter by the Fire Department to ensure compliance with Chapter 18, Article I, of this Code, Fire Prevention and Protection Code;
(6)
Care shall be taken to prevent the transmission of odors from the dwelling unit to neighboring properties when medical marihuana is being cultivated;
(7)
Additional conditions may be imposed by the Buildings, Safety Engineering, and Environmental Department on a case-by-case basis when necessary to protect the health, safety and general welfare of the occupants of the dwelling unit or the general public.
(Code 1984, § 61-12-394; Ord. No. 31-15, § 1(61-12-394), eff. 3-1-2016)
Sec. 50-12-511. - Carry-out, fast-food and standard restaurants.
Carry-out, fast-food, and standard restaurants shall be subject to the following:
(1)
A carry-out, fast-food, or standard restaurant shall be permitted as an accessory use in any establishment that exceeds 15,000 square feet of gross floor area, provided, that the restaurant portion does not exceed ten percent of the gross floor area;
(2)
A carry-out, fast-food, or standard restaurant in an establishment having 15,000 or fewer square feet of gross floor area shall be considered a principal use; and
(3)
In the PR District, carry-out, fast-food, or standard restaurants that are operated as concession stands under contract with the Recreation Department or other governmental or non-profit operating entity shall be permitted as an accessory use.
(Code 1984, § 61-12-401; Ord. No. 11-05, § 1(61-12-401), eff. 5-28-2005; Ord. No. 44-06, § 1(61-12-401), eff. 12-21-2006)
Sec. 50-12-512. - Child care center.
(a)
Notwithstanding the prohibition of child care centers in the B6, M1, M2, M3, M4, PC, TM, and PR Districts, child care centers that are operated in conjunction with a place of employment, shopping center, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity, may be permitted as an accessory use, subject to the use regulations specified in Section 50-12-183 of this Code.
(b)
Notwithstanding the prohibition of child care centers in the R1 and R2 Districts, child care centers, such as, but not limited to, "Head Start" programs, may be permitted as an accessory use in existing buildings occupied by a principal use specified as a public, civic, or institutional use in Division 1, Subdivision C, of this article that is also permitted in the R1 or R2 District, subject to the use regulations specified in Section 50-12-183 of this Code, provided, that in the event the principal use, such as, but not limited to, a school or religious institution, is discontinued, the child care center would be prohibited as a principal use.
(Code 1984, § 61-12-402; Ord. No. 11-05, § 1(61-12-402), eff. 5-28-2005; Ord. No. 34-05, § 1(61-12-402), eff. 12-6-2005; Ord. No. 44-06, § 1(61-12-402), eff. 12-21-2006)
Sec. 50-12-513. - Golf course.
Clubhouses, banquet facilities, and outdoor swimming pools shall be considered customary and incidental accessory uses to a golf course.
(Code 1984, § 61-12-403; Ord. No. 11-05, § 1(61-12-403), eff. 5-28-2005)
Sec. 50-12-514. - Occupant-oriented retail sales and service.
The following occupant-oriented retail sales and service uses may be established as accessory either by-right or on a conditional basis, as provided for in Section 50-12-68 of this Code:
(1)
Establishments for the sale of beer or alcoholic liquor for consumption on the premises. Such establishments may be permitted in a multiple-family dwelling, hotel, or motel that has at least 50 units, provided, that the establishment for consumption on the premises:
a.
Does not exceed 2,000 square feet in gross floor area;
b.
Is accessible only from the interior of the building; and
c.
Has no advertising or display of said use visible from the exterior of the building.
(2)
Retail sales and service in multiple-family dwellings, hotels, and motels.
a.
In order to provide urban amenities in a convenient and orderly manner for residents of medium- and high-density residential areas, the following uses may be permitted as accessory uses in multiple-family dwellings, hotels, and motels that have at least 50 units:
1.
Barber or beauty shops;
2.
Cleaning or pressing shops;
3.
Coffee shops;
4.
Gift shops;
5.
Laundry pick-up stations;
6.
Shoeshine stand or parlor;
7.
Photocopying, fax, computing offices; or
8.
Tobacco or newspaper stands or shops;
9.
Similar commercial uses.
b.
These services are intended as a convenience for the residents or guests of the building where they are permitted and for other residents within easy and convenient walking distance of these uses. The uses and applicable restrictions are as follows:
1.
There shall be no entrance to such place of business, except from within the building; and
2.
There shall be no advertising or display of said uses visible from outside the building.
(Code 1984, § 61-12-404; Ord. No. 11-05, § 1(61-12-404), eff. 5-28-2005; Ord. No. 37-17, § 1(61-12-404), eff. 2-6-2018; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-515. - Certain coin-operated amusement devices.
In retail stores that exceed 20,000 square feet of gross floor area, up to eight coin-operated amusement devices may be permitted as an accessory use without need for a separate permit for an arcade.
(Code 1984, § 61-12-405; Ord. No. 11-05, § 1(61-12-405), eff. 5-28-2005)
Sec. 50-12-516. - Tool sharpening or grinding.
In the B4 District, lawnmower sharpening and snow blower servicing shall be a permitted accessory use in the retail stores that sell them by right.
(Code 1984, § 61-12-406; Ord. No. 11-05, § 1(61-12-406), eff. 5-28-2005)
Sec. 50-12-517. - Motor vehicle salesroom or sales lot.
Motor vehicle salesrooms and sales lots shall be subject to the following:
(1)
New vehicle sales. Service facilities that are operated in conjunction with a new motor vehicle salesroom or sales lot establishment shall be considered accessory where such service facilities are located within 300 feet of the zoning lot on which the motor vehicles are sold;
(2)
New vehicle sales. Service facilities that are operated in conjunction with a new motor vehicle sales room or sales lot establishment shall not be considered accessory, but rather as a principal use, where such service facilities are located farther than 300 feet from the zoning lot on which the motor vehicles are sold. Establishment of such service facilities as a principal use of the land may require a public hearing;
(3)
Used vehicle sales. Vehicle preparation shall be considered a permissible accessory use at a used motor vehicle salesroom or sales lot. Where light duty vehicle services are to take place on the same zoning lot as a used motor vehicle salesroom or sales lot, a separate principal land use permit must be obtained from the Buildings, Safety Engineering, and Environmental Department. Light duty vehicle repair establishments are prohibited on the premises of a used motor vehicle salesroom or sales lot; and
(4)
New and used vehicle sales. Light duty vehicle repair establishments and light duty vehicle service establishments that are operated accessory to a new or used motor vehicle sales establishment are subject to the use regulations for such establishments as set forth in Section 50-12-294 and Section 50-12-295 of this Code, respectively.
(Code 1984, § 61-12-407; Ord. No. 11-05, § 1(61-12-407), eff. 5-28-2005; Ord. No. 26-12, § 1(61-12-407), eff. 11-21-2012; Ord. No. 2023-6, § 1, eff. 3-8-2023)
Sec. 50-12-518. - Shoeshine stand or parlor.
A shoeshine stand or parlor is considered a permissible accessory use in office buildings, hotels, convention or exhibit buildings, barber shops, and shoe repair shops.
(Code 1984, § 61-12-408; Ord. No. 11-05, § 1(61-12-408), eff. 5-28-2005)
Sec. 50-12-519. - Truck stops.
Hotels, restaurants, and other services that are part of a truck stop are considered accessory to the truck stop.
(Code 1984, § 61-12-409; Ord. No. 11-05, § 1(61-12-409), eff. 5-28-2005)
Sec. 50-12-520. - Check cashing services.
Check cashing services shall be permitted as an accessory use in any establishment that exceeds 15,000 square feet of gross floor area, provided, that the check cashing services portion does not exceed ten percent of the gross floor area; however, check cashing services in an establishment having 15,000 or fewer square feet of gross floor area shall be considered a principal use.
(Code 1984, § 61-12-410; Ord. No. 13-11, § 1(61-12-410), eff. 8-23-2011)
Sec. 50-12-521. - Farmers markets.
Farmers markets shall be permitted as an accessory use where located on the same zoning lot as religious institutions, schools, educational institutions, outdoor recreation facilities, and non-profit neighborhood centers.
(Code 1984, § 61-12-411; Ord. No. 10-13, § 1(61-12-411), eff. 4-16-2013)
Sec. 50-12-522. - Urban garden.
Only the following accessory uses and structures shall be permitted on an urban garden. All accessory structures shall be subject to the provisions of Article XII, Division 5, of this chapter and also require a building permit where applicable:
(1)
Greenhouse;
(2)
Farm stands;
(3)
Hoophouse or high tunnel, and similar structures used to extend the growing season;
(4)
Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, garden art, and rainwater catchment systems;
(5)
Tool sheds and shade pavilions:
(6)
Garages.
(Code 1984, § 61-12-412; Ord. No. 10-13, § 1(61-12-412), eff. 4-16-2013; Ord. No. 2020-12, § 1, eff. 12-9-2020)
Sec. 50-12-523. - Urban farm.
Only the following accessory uses and structures shall be permitted on an urban farm. All accessory structures shall be subject to the provisions of Article XII, Division 5, of this chapter and also require a building permit where applicable:
(1)
All those uses and structures permitted on an urban garden;
(2)
Aquaculture;
(3)
Aquaponics;
(4)
Hydroponics;
(5)
Barns and/or other buildings for storage;
(6)
Structures for cold storage and processing.
(Code 1984, § 61-12-413; Ord. No. 10-13, § 1(61-12-413), eff. 4-16-2013)
Sec. 50-12-524. - Medical marijuana facilities and adult-use marijuana establishments.
Medical marijuana facilities and adult-use marijuana establishments are not permitted as accessory uses and must not include accessory uses. The regulations set forth in this section may not be modified or waived by the Board of Zoning Appeals.
(Ord. No. 2023-29, § 1, eff. 8-10-2023)
Sec. 50-12-525. - Crematory or pet crematory.
A crematory is permissible as an accessory use only at a zoning lot for which the principal use is a cemetery.
(Ord. No. 2023-41, § 1, eff. 12-30-2023)
Sec. 50-12-526. - Smoking lounges, other.
Smoking lounges, other, are not permissible as an accessory use and must not include an accessory use.
(Ord. No. 2023-36, § 1, eff. 3-5-2024)
Sec. 50-12-531. - Temporary activities in general.
Temporary activities shall be subject to the following provisions:
(1)
Temporary activities are characterized by their short-term or seasonal nature and by the fact that permanent improvements are not made to the site. This shall not apply to outdoor operations that are accessory to permitted uses as regulated in Section 50-12-458 through Section 50-12-463 of this Code.
(2)
The operational performance standards in Article XIV, Division 7, of this chapter shall apply to temporary activities.
(Code 1984, § 61-12-421; Ord. No. 11-05, § 1(61-12-421), eff. 5-28-2005)
Sec. 50-12-532. - Permit required.
A temporary use or structure for one or more of the uses described in this division shall be permitted in any district, except as provided in Section 50-12-563 of this Code. All temporary uses and structures shall obtain a temporary use permit pursuant to the procedures set forth in Article IV, Division 2, of this chapter.
(Code 1984, § 61-12-422; Ord. No. 11-05, § 1(61-12-422), eff. 5-28-2005)
Sec. 50-12-533. - Permanent changes prohibited.
Permanent changes to a zoning lot, on which a temporary activity is conducted, are prohibited.
(Code 1984, § 61-12-423; Ord. No. 11-05, § 1(61-12-423), eff. 5-28-2005)
Sec. 50-12-534. - Reserved.
Editor's note— Ord. No. 2020-12, § 1, effective December 9, 2020, repealed Sec. 50-12-534, Accessory signage. Former Sec. 50-12-534 pertained to accessory signage; temporary uses and structures and derived from Sec. 61-12-424 of the 1984 Detroit City Code; Ord. No. 11-05, § 1(61-12-424), effective May 28, 2005; and Ord. No. 08-12, § 1(61-12-424), effective June 5, 2012.
Sec. 50-12-535. - Adherence to conditions of principal use.
Temporary uses shall not violate any applicable conditions of approval that apply to the principal use on the site.
(Code 1984, § 61-12-425; Ord. No. 11-05, § 1(61-12-425), eff. 5-28-2005)
Sec. 50-12-536. - Additional compliance.
The operator shall additionally comply with the following requirements:
(1)
All temporary structures shall be erected in a safe manner in accordance with any applicable provisions or standards in this Code;
(2)
The operator must obtain all other required permits applicable to the activity, such as from the Department of Health and Wellness Promotion;
(3)
No temporary use shall be placed on any public sidewalk, public street, or other public property, except as provided for in Chapter 43, Article VIII, of this Code, Encroachments and Obstructions;
(4)
Where applicable, electrical and utility connections, shall be approved by the Buildings, Safety Engineering, and Environmental Department.
(Code 1984, § 61-12-426; Ord. No. 11-05, § 1(61-12-426), eff. 5-28-2005)
Sec. 50-12-551. - Outdoor assembly: carnivals; fairs, circuses; concerts; festivals; and other public entertainments.
Outdoor assemblies such as carnivals, fairs, circuses, concerts, festivals, and other public entertainments shall be governed by the licensing provisions of Chapter 5, of this Code, Amusements and Entertainments. In addition, outdoor assembly shall be subject to the following requirements:
(1)
Such events shall not be located on land zoned residential, except on church or school property;
(2)
In non-residential zoning districts, such uses shall be allowed for up to eight consecutive days. Two events are allowed per site per calendar year;
(3)
In residential zoning districts, such uses may be allowed for up to four consecutive days. Two events are allowed per calendar year;
(4)
Exemptions.
a.
This section shall not apply to any regularly established, permanent place of worship, stadium, athletic field, arena, auditorium, coliseum, or other similar permanently established place of assembly, for assemblies that do not exceed by more than 250 people the maximum seating capacity of the structure where the assembly is held;
b.
This section shall not apply to government-sponsored fairs that are held on regularly established fairgrounds or to assemblies required to be licensed by this Code.
See also Section 50-12-552 of this Code.
(Code 1984, § 61-12-431; Ord. No. 11-05, § 1(61-12-431), eff. 5-28-2005)
Sec. 50-12-552. - Outdoor assembly: exemptions; required facilities.
No person shall permit, maintain, promote, conduct advertising, act as entrepreneur, undertake, organize, manage, or sell or give tickets to an actual or reasonably anticipated assembly of 5,000 or more people which continues or can reasonably be expected to continue for 18 or more consecutive hours, whether on public or private property, unless the following facilities and services are provided by the organizers prior to commencement of the assembly to ensure the assembly causes as little disruption and inconvenience as possible to adjacent properties, neighborhoods, and traffic patterns:
(1)
A fence of sufficient height and strength that completely encloses the proposed location, which shall have at least four gates, at least one at, or near, four opposite points of the compass to prevent people in excess of the maximum permissible number from gaining access to the assembly grounds;
(2)
Potable water that meets all federal and state requirements for purity, and that is sufficient to provide drinking water for the maximum number of people to be assembled at the rate of at least one gallon per person per day and water for bathing at the rate of at least ten gallons per person per day;
(3)
Separate enclosed toilets for males and females, that are in compliance with Chapter 8, Article V, of this Code, Plumbing Code, and that are conveniently located throughout the grounds, that are sufficient to provide facilities for the maximum number of people to be assembled at the rate of at least one toilet for every 200 females and at least one toilet for every 300 males, together with an efficient, sanitary means of disposing of waste matter deposited, which is in compliance with all state laws and regulations and with this Code. A lavatory with running water under pressure and a continuous supply of soap and paper towels shall be provided with each toilet;
(4)
A sanitary method for disposing of solid waste that is in compliance with Chapter 42 of this Code, Solid Waste and Illegal Dumping, and that is sufficient to dispose of the solid waste production of the maximum number of people to be assembled at the rate of at least 2.5 pounds of solid waste per person per day, together with a plan for holding and a plan for collecting all such waste at least once each day of the assembly and sufficient trash cans with lids and personnel to perform the task;
(5)
Physicians and nurses licensed to practice in this state sufficient to provide the average medical care enjoyed by residents of this state for the maximum number of people to be assembled at the rate of at least one physician for every 1,000 people and at least one nurse for every 1,300 people, together with an enclosed covered structure where treatment may be rendered, which contains separately enclosed treatment rooms for each physician and at least one emergency ambulance available for use at all times;
(6)
Where the assembly is to continue during hours of darkness, illumination sufficient to light the entire area of the assembly at the rate of at least five foot-candles, but not to shine unreasonably beyond the boundary enclosed location of the assembly;
(7)
Security guards, either regularly employed, duly sworn, off-duty Michigan peace officers or private guards licensed in this state, who are sufficient to provide adequate security for the maximum number of people to be assembled at the rate of at least one security guard for every 750 people;
(8)
Fire protection, including alarms, extinguishing devices and fire lanes and escapes, that is sufficient to meet all state standards, and this Code, for the location of the assembly as set forth in Chapter 8, Article II, of this Code, Building Code, Chapter 8, Article V, of this Code, Plumbing Code, Chapter 8, Article XV, of this Code, Property Maintenance Code, and Chapter 18 of this Code, Fire Prevention and Protection Code, and sufficient emergency personnel to efficiently operate the required equipment; and
(9)
All necessary precautions to ensure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly.
(Code 1984, § 61-12-432; Ord. No. 11-05, § 1(61-12-432), eff. 5-28-2005)
Sec. 50-12-553. - Natural disasters and emergencies.
Temporary uses and structures needed as the result of a natural disaster or other health and safety emergencies are allowed for the duration of the emergency.
(Code 1984, § 61-12-433; Ord. No. 11-05, § 1(61-12-433), eff. 5-28-2005)
Sec. 50-12-554. - Seasonal outdoor sales.
Seasonal outdoor sales for Christmas trees or Halloween pumpkins are allowed for up to five weeks at one time. Not more than two events are allowed per calendar year subject to the following requirements:
(1)
The seasonal outdoor sale shall be conducted in a B2, B3, B4, B5, B6, M1, M2, M3, M4, PCA, TM, or SD2 District;
(2)
Permits for Christmas tree sales shall expire on December 26th;
(3)
The lot, and any abutting private or public property, shall be cleaned and any remaining pumpkins shall be disposed of by an approved method on or before November 6 of the year of issue of said permit;
(4)
The lot, and any abutting private or public property, shall be cleaned and any remaining trees shall be disposed of by an approved method on or before December 31st of the year of issue of said permit;
(5)
The Buildings, Safety Engineering, and Environmental Department shall require the applicant to deposit such sum as specified in the schedule of fees to guarantee the proper cleaning of the site and proper disposal of any remaining materials. A temporary use permit shall not be required for seasonal outdoor sales where such sales are part of the inventory of an established business holding a valid building permit. (See provisions for accessory uses, Article XII, Division 5, of this chapter.)
(Code 1984, § 61-12-434; Ord. No. 11-05, § 1(61-12-434), eff. 5-28-2005)
Sec. 50-12-555. - Temporary construction, security, real estate sales offices.
The applicant for a temporary permit for a temporary construction, security, or real estate sales office shall comply with all conditions imposed by the enforcing official, which may include fencing, surfacing, and setbacks, as deemed necessary to ensure no undue interference with the use and enjoyment of neighboring property. As determined by the enforcing official, such office shall be located within a reasonable distance of the primary development or improvement:
(1)
The owner of a construction project may place on the construction site and utilize a trailer coach as a temporary office for use by construction, security, and real estate sales personnel;
(2)
The temporary office shall be located on the lot where construction or development is occurring and shall not be located within 25 feet of any abutting residential use;
(3)
The office shall be removed within ten days after final inspection of the permanent structure or expiration of the corresponding building permit, whichever event occurs first. In the case of residential development projects, the office must be removed within ten days of sale or lease of all dwelling units; and
(4)
The owner of a permitted business who requires security protection during hours of closure may maintain a travel trailer for that purpose until a permanent facility can be constructed. In no case shall the use of such security trailer be for longer than a six-month period.
(Code 1984, § 61-12-435; Ord. No. 11-05, § 1(61-12-435), eff. 5-28-2005)
Sec. 50-12-556. - Temporary dwelling units on single-family lots.
Temporary dwelling units on single-family lots shall be subject to the following requirements:
(1)
The owner of any lot or tract of land may place on the lot, and live in, a manufactured home, mobile home, or a travel trailer, provided, that all sanitary plumbing, power, and utilities are approved by the Buildings, Safety Engineering, and Environmental Department, and provided further, that:
a.
The owner is constructing a single-family residence on the lot, and or tract of land, and has obtained all necessary permits and paid all mandatory fees;
b.
The use of the temporary dwelling unit shall not exceed the period of six months from the date of permit issuance;
c.
The owner shall tender a $500.00 surety bond to the Office of Chief Financial Officer for purposes of ensuring the removal of the temporary dwelling unit at the end of the six-month period (see also Section 50-14-612 of this Code); and
d.
The owner has submitted to the Buildings, Safety Engineering, and Environmental Department a construction schedule for the new house and accessory buildings, and a statement of intent to complete construction within the proposed time period.
(2)
The time limits and other provisions of this section are based on the premise that an owner-builder who is exercising proper judgment will not enter into a residence-construction project and be unable to complete the project within 12 months, and, once started, the owner-builder will diligently continue the work and finish construction prior to expiration of such owner-builder's temporary dwelling permit, provided, that the owner of any lot or tract of land where a temporary dwelling unit has been placed may request one six-month extension of time from the Buildings, Safety Engineering, and Environmental Department by demonstrating extreme hardship.
(Code 1984, § 61-12-436; Ord. No. 11-05, § 1(61-12-436), eff. 5-28-2005)
Sec. 50-12-557. - Temporary outdoor retail sales.
Temporary outdoor retail sales on private property are permitted subject to the following:
(1)
Temporary outdoor retail sales are only allowed on property with an already operating, permitted, and, where applicable, licensed, non-residential principal use. Locating on vacant property, or on property with a vacant or abandoned use, is not permitted. Locating on any property in the Central Business District, as defined in Section 50-16-151 of this Code, or in the Cultural Center, as defined in Section 50-16-154 of this Code, is not permitted.
(2)
Temporary outdoor retail sales refers to the sale of goods or merchandise that are not generally sold as part of the principal use's inventory. (For sales accessory to a principal use, see Section 50-12-458 of this Code.) Sales for the temporary outdoor retail sales operation shall be separate and apart from sales for the principal use.
(3)
No temporary outdoor retail sales use shall be placed or maintained within a required front or side setback or on required parking or loading spaces.
(4)
It shall be unlawful to conduct temporary outdoor retail sales within 500 feet of the entrance of any place of business that sells the same commodity or within 40 feet of land zoned residential or primarily developed with residential uses.
(5)
Temporary outdoor retail sales are only allowed on land zoned B2, B3, B4, B5, B6, M1, M2, M3, M4, non-residential PD, PCA, TM, SD1, SD2, SD4, or where the temporary outdoor retail sales are in conjunction with, and on the premises of, a religious institution.
(6)
The temporary outdoor retail sales use shall not conflict with principal activities conducted on the site.
(7)
The sales, storage, and display area of the temporary outdoor retail sales use shall not exceed one ten-foot by ten-foot area; a tent canopy no larger than ten feet by ten feet in area may be used to cover the sales, storage, and display area.
(8)
Only one temporary outdoor retail use is allowed per site at a time.
(9)
The temporary outdoor retail sales use may only operate on and during the seven days prior to the following days; Valentine's Day, Easter Sunday, Mother's Day, Father's Day, Sweetest Day, Thanksgiving Day, and Christmas Day.
(10)
After each day of operation, all sites shall be completely cleaned of debris and any item associated with the temporary outdoor retail sales use shall be removed. Items relating to the operation of the temporary outdoor retail sales use shall not be left at the approved location when the temporary outdoor retail sales use is not in operation.
(11)
The temporary outdoor retail sales use shall operate only when the principal use is operating; however, temporary outdoor retail sales shall not be conducted between the hours of 11:00 p.m. and 7:00 a.m.
(12)
No sales shall be conducted from a truck or other vehicle.
(13)
Vendors under this section shall be allowed to sell only the following items from an approved location:
a.
Artwork, including existing paintings, prints, photographs, and sculptures.
b.
Balloons.
c.
Confections and snack foods, as defined in Section 50-16-384 of this Code, in commercially-sealed unopened containers and packages that are not potentially hazardous and for which written approval from the Department of Health and Wellness Promotion of the item is not required.
d.
Ethnic apparel, which is limited to wearing apparel that is particular to a specific nationality distinguished by custom, heritage, or language.
e.
Fragrances, incense, and shea butter.
f.
Fresh flowers.
g.
Fresh fruit (whole and uncut).
h.
Gift baskets containing goods of a generally recognized retail nature which are not otherwise prohibited in this Code.
i.
Handcrafted goods, as defined in Section 50-16-241 of this Code, including baskets, jewelry, leather, needle crafts, pottery, quilts, and woodcarvings.
(14)
This section does not apply to a mobile food establishment, as defined in Section 34-1-1 of this Code, and in Section 1109(q) of the Michigan Food Law of 2000, being MCL 289.1109(q).
(15)
Secondhand goods as provided for in Chapter 41 of this Code may not be sold under this section. Vendors are prohibited from selling alcoholic liquor, contraband goods, drug paraphernalia, electronics, electrical items, fireworks, "potentially hazardous food" as defined in Section 34-1-1 of this Code, food items that have not been approved in writing by the Health Department, tattoos, and unlicensed goods.
(16)
The display of goods shall comply with the following:
a.
Where a table is used, the stand shall be draped on all four sides with a skirt in good repair.
b.
Merchandise not being displayed for sale shall be stored out of public view.
c.
Merchandise to be sold shall be displayed in a neat and orderly fashion.
(17)
The Buildings, Safety Engineering, and Environmental Department, the Health Department, the Fire Department, or the Police Department may prohibit the sale of any items where it is determined that the sale of such items would jeopardize the health, safety or general welfare, or be injurious or detrimental to persons or properties adjacent to or in the vicinity of the vending location.
(18)
A vendor shall obtain a separate temporary use permit for each location it plans to operate a temporary outdoor retail sales use.
(19)
Temporary outdoor retail sales shall not be permitted on the premises of motor vehicle filling stations, as specified in Section 50-12-274 of this Code, or licensed commercial parking lots, as specified in Section 50-12-299(5) and Section 32-1-18 of this Code.
(20)
Provisions of this section shall not apply to the following:
a.
Vending on public property as governed by Chapter 34 of this Code, Peddlers, Solicitors, and Vendors.
b.
Public markets as governed by Chapter 37 of this Code, Public Markets.
c.
City-approved events and festivals, as that term is used in Article I, of Chapter 34 of this Code, Foot, Stationary, and Street Vendors, that are conducted on private property.
d.
Any park, public place, or boulevard governed by Chapter 33 of this Code, Parks and Recreation.
(21)
Temporary outdoor retail sales must conspicuously display all required City permits at all times while in operation.
(22)
Temporary outdoor retail sales must be attended at all times.
(23)
Temporary outdoor retail sales permit holders shall be subject to licensing in accordance with this Code.
(Code 1984, § 61-12-437; Ord. No. 11-05, § 1(61-12-437), eff. 5-28-2005; Ord. No. 08-12, § 1(61-12-437), eff. 6-5-2012)
Sec. 50-12-558. - Yard or garage sales accessory to a dwelling.
Yard or garage sales accessory to a dwelling shall be subject to the following provisions requirements:
(1)
A maximum of one yard or garage sale accessory to a dwelling may be held within any 90-day period without need for a permit. In no instance may another yard or garage sale be permitted until 90 days shall have elapsed since the previous sale.
(2)
All yard and garage sales shall be conducted so that no goods offered for sale are located on any public street or sidewalk, and so that vehicle and pedestrian traffic on public streets and sidewalks is not obstructed.
(3)
Only goods of the property owner or tenant shall be sold.
(4)
Yard or garage sales shall be limited to daylight hours and shall last for no longer than three consecutive days.
(Code 1984, § 61-12-438; Ord. No. 11-05, § 1(61-12-438), eff. 5-28-2005; Ord. No. 08-12, § 1(61-12-438), eff. 6-5-2012; Ord. No. 2020-12, § 1, eff. 12-9-2020)
Sec. 50-12-559. - Other uses.
The Buildings, Safety Engineering, and Environmental Department may approve other temporary uses and activities or special events where it is determined that such uses would not jeopardize the health, safety or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.
(Code 1984, § 61-12-439; Ord. No. 11-05, § 1(61-12-439), eff. 5-28-2005)
Sec. 50-12-560. - "Cellular on wheels."
A temporary Category D antenna, or "cellular on wheels (COW)," may be permitted by the Buildings, Safety Engineering, and Environmental Department after review and recommendation from the Wireless Telecommunications Site Review Committee.
(Code 1984, § 61-12-440; Ord. No. 11-05, § 1(61-12-440), eff. 5-28-2005)
Sec. 50-12-561. - Portable concrete batching plants.
Portable concrete batching plants may be established as a temporary use subject to the following provisions:
(1)
Review and approval is required by the Buildings, Safety Engineering, and Environmental Department which may grant approval upon finding that the presence of the batching plant is reasonably necessary for the proposed development;
(2)
Time limits may be imposed, both as to the hours of operation and the length of time that the batch plant may remain at the site. In no instance shall the batch plant be permitted to remain on the site longer than reasonably necessary to complete the construction work;
(3)
Limitations may be imposed as to permitted haul routes for all vehicles associated with the batch plant operations; and
(4)
The Buildings, Safety Engineering, and Environmental Department may impose any restrictions deemed necessary to ensure the control of noise and dust at, and around, the batch plant site.
(Code 1984, § 61-12-441; Ord. No. 11-05, § 1(61-12-441), eff. 5-28-2005)
Sec. 50-12-562. - Reserved.
Editor's note— Ord. No. 2020-12, § 1, effective December 9, 2020, repealed Sec. 50-12-562, Temporary signs. Former Sec. 50-12-562 pertained to temporary signs and derived from Sec. 61-12-442 of the 1984 Detroit City Code; Ord. No. 11-05, § 1(61-12-442), effective May 28, 2005; Ord. No. 34-05, § 1(61-12-442), effective December 6, 2005; and Ord. No. 13-11, § 1(61-12-442), effective August 23, 2011.
Sec. 50-12-563. - Prohibited temporary uses; exemption.
The following temporary uses are prohibited:
(1)
Sales of fireworks as defined in Section 50-16-202 of this Code.
(2)
Sales of firearms.
(3)
Sales of any materials characterized by an emphasis on specified anatomical areas, or specified sexual activity, as defined in Section 50-16-384 of this Code.
(4)
Medical marijuana facilities and adult-use marijuana establishments, except for temporary marijuana events as approved by City Council in accordance with Section 20-6-24(a) of this Code.
(Code 1984, § 61-12-443; Ord. No. 11-05, § 1(61-12-443), eff. 5-28-2005; Ord. No. 31-15, § 1(61-12-443), eff. 3-1-2016; Ord. No. 20-18, § 1(61-12-443), eff. 10-14-2018; Ord. No. 2021-9, § 1, eff. 4-3-2021; Ord. No. 2023-29, § 1, eff. 8-10-2023)