The purpose of the C district is to establish areas and provide for uses that permit public, semipublic and private activities to be conducted in a manner consistent with the needs of the residents of East Lansing.

(Code 1994, ch. 55, § 5.51; Ord. No. 1349, 9-1-2015)

In the C district no buildings or premises shall be used, and no building shall be hereafter erected or altered unless otherwise specifically provided for in this chapter, except for the following uses.

(1)

Principal uses permitted subject to an approved site plan as set forth in section 50-36 of this chapter.

a.

Buildings owned and occupied by a municipal utility or solar energy structure owned municipally or privately.

b.

City owned buildings that are publicly occupied or that are partially or fully privately leased for business or residential uses that meet specific needs of the community and residents of East Lansing.

c.

Municipal or private cemeteries.

d.

Private or parochial schools.

e.

Public hospitals.

f.

Publicly owned parks and recreation areas.

g.

Public schools.

(2)

Principal uses permitted subject to an approved special use permit as provided for in article II, division 3, of this chapter.

a.

Child care centers and day care centers, subject to the requirements of section 50-150(3).

(Code 1994, ch. 55, § 5.52; Ord. No. 1061, 2-7-2006; Ord. No. 1349, 9-1-2015; Ord. No. 1543, 7-15-2025)

The principal building, accessory buildings, and other uses shall be located so as to comply with the following requirements:

(1)

Minimum front yard depth shall be 20 feet.

(2)

Minimum rear yard depth shall be 20 feet.

(3)

Minimum side yard width shall be five feet, except that the sum of the width of both side yards shall not be less than 15 feet. Minimum side yard width on a corner lot shall be 20 feet measured from the side street lot line.

(4)

Minimum front, side and rear yard requirements of any building in excess of two and one-half stories or 35 feet in height shall be increased by a distance equal to 20 percent of such excess height.

(5)

The minimum front yard, rear yard and exposed side yard requirements above may be reduced by up to 50 percent where the property abuts or lies directly opposite a public street or alley from other property zoned within either the B-2 or B-3 business districts. Also, in such cases buildings may be built at the lot line along an interior side lot line; otherwise, a minimum side yard setback of five feet shall be maintained.

(6)

Maximum building height shall be three stories.

(7)

Two or more buildings may be constructed upon a lot.

(8)

All parking and access facilities shall be designed and constructed according to article VIII of this chapter and all other relevant city codes, policies and specifications unless waived by city council for good cause shown.

(Code 1994, ch. 55, § 5.53; Ord. No. 1349, 9-1-2015)

Permitted uses in the P district are as follows:

(1)

Parking and storage of motor vehicles.

(Code 1994, ch. 55, § 5.91)

No premises in this district shall be used for the parking or storage of motor vehicles until all parking and driveway area has been paved with concrete or bituminous material, in accordance with plans approved by the building official. Such concrete pavement shall be of a minimum thickness of six inches, and any bituminous paving shall be of a minimum thickness of two inches and shall be placed upon a base of cinders or gravel of a minimum thickness of four inches.

(Code 1994, ch. 55, § 5.92)

Premises open to the public between the hours of 6:00 p.m. and 7:00 a.m. shall be provided with artificial lighting. Such lighting shall be provided at an average maintained level of one footcandle and shall be so arranged as to reflect the light down and away from adjoining streets or property. The lighting installation shall be approved by the building official.

(Code 1994, ch. 55, § 5.93)

The maximum building height for buildings used for the parking or storage of automobiles shall be six stories and shall not exceed 70 feet, except that no such building in this district which abuts the R-1, R-2, or R-3 residential districts shall exceed 25 feet in height.

(Code 1994, ch. 55, § 5.94)

Any premises in this district used for the parking or storage of motor vehicles shall be landscaped in accordance with the requirements of article IX of this chapter.

(Code 1994, ch. 55, § 5.95; Ord. No. 1313, 3-4-2014)

That part of the premises of the Michigan State University which lies within the City of East Lansing and which constitutes its campus or adjoins said campus and is used in direct connection with the operation and maintenance of the university, as such, is hereby classified in this district, and such premises and the buildings thereon may be used for any purpose necessary or convenient for the operation and maintenance of the university. At such time as any of said premises are conveyed to any other person, firm, corporation, or association, or such premises cease to be used in direct connection with the operation or maintenance of the university, such premises shall until zoned otherwise by the city council, only be used for the purposes specified and subject to the restrictions imposed by article IV, division 3 of this chapter upon premises situated in the R-1 residential district.

(Code 1994, ch. 55, § 5.96)

Residential rental restriction overlay districts R-O-1, R-O-2 and R-O-3 are hereby established.

(Ord. No. 1035C, 4-7-2004)

The residential rental restriction overlay districts R-O-1, R-O-2 and R-O-3 are zoning classifications which permit owners of property within R-1, R-2 and RM-8 residential zoning districts to petition city council to establish an overlay district, and district use regulations in their residential neighborhood, which would prohibit or restrict the rental uses of one-family dwellings within the neighborhood. These districts establish three levels of restrictions which operate to preserve the attractiveness, desirability, and privacy of residential neighborhoods by precluding all or certain types of rental properties and thereby preclude the deleterious effects rental properties can have on a neighborhood with regard to property deterioration, increased density, congestion, noise and traffic levels and reduction of property values. The goal of the overlay district is to allow owners of property within residential neighborhoods to control the types of rental properties, if any, that are permitted in one-family dwellings within their neighborhood. It is also the purpose of the districts to achieve the following objectives:

(1)

To protect the privacy of residents and to minimize noise, congestion, and nuisance impacts by regulating the types of rental properties;

(2)

To maintain an attractive community appearance and to provide a desirable living environment for residents by preserving the owner occupied character of the neighborhood;

(3)

To prevent excessive traffic and parking problems in the neighborhoods.

(Ord. No. 1035C, 4-7-2004)

Uses permitted in the R-O-1, R-O-2, and R-O-3 residential rental restriction overlay district are as follows:

(1)

In the R-O-1 residential rental restriction overlay district, permitted uses are all uses in the underlying zoning district except the use or occupancy of a one-family dwelling unit so as to require a rental housing license pursuant to section 6-175 (Article 10) of the Code of the City of East Lansing.

(2)

In the R-O-2 residential rental restriction overlay district, permitted uses are all uses in the underlying zoning district except the use or occupancy of a one-family dwelling unit so as to require a rental housing license pursuant to section 6-175 (Article 10) of the Code of the City of East Lansing unless the use or occupancy is in accordance with a Class I rental license and the owner of the property owned it on the date the overlay district ordinance was approved by city council.

(3)

In the R-O-3 residential rental restriction overlay district, permitted uses are all uses in the underlying zoning district except the use or occupancy of a one-family dwelling unit so as to require a rental housing license pursuant to section 6-175 (Article 10) of the Code of the City of East Lansing unless the use or occupancy is in accordance with a Class I rental license.

(Ord. No. 1035C, 4-7-2004)

The following procedures must be complied with in order to establish a residential overlay district:

(1)

A petition requesting an overlay district must be submitted to the city clerk on forms provided by the city clerk. The petition requirements are as follows:

a.

At least two days prior to circulating a petition, the circulator(s) of the petition must distribute a rental restriction overlay district information sheet, approved and created by the city, to each property owner of record within the area to be petitioned, a copy of which shall be available in the city clerk's office for review.

b.

The petition must identify the specific overlay district that is sought by specifying either an R-O-1, R-O-2 or R-O-3 overlay district.

c.

Each petition must be circulated by a person who owns property within the proposed district and be signed by the circulator.

d.

The petition must contain the signature and address of two-thirds of the parcel owners within the proposed boundary of the overlay district, exclusive of public property. Jointly owned parcels will be considered owned by a single person for purpose of petitioning and any co-owner may sign a petition for such parcel. Only one owner of each parcel will count towards the two-thirds requirement. If a person owns more than one parcel of property within the proposed district, they may sign the petition for each parcel they own.

e.

Each person signing the petition must also enter, on the petition, adjacent to their signature, the date that the person signed the petition.

f.

The petition must accurately advise the signer of what restrictions would be imposed on the property if the overlay district is established. The circulator(s) of the petitions shall verify on the petition that the required information sheet was distributed to each property of record at least two days prior to circulation of the petition and those signing the petition must acknowledge that they received the required information sheet at least two days prior to signing the petition by marking the appropriate box next to their signature.

g.

The proposed boundaries of the overlay district must be described in the petition and the boundaries must, if practicable, consist of streets, alleys, platted subdivision boundaries or existing zoning district lines which totally enclose the proposed district.

h.

There must be at least 50 separate lots or parcels within the proposed district as described in the petition or the proposed district must constitute a discrete neighborhood geographic area.

i.

The proposed boundaries of the overlay district must be entirely within R-1, R-2, or RM-8 zoning districts and the parcels within the proposed district must be contiguous.

j.

The proposed boundaries may not overlap a boundary of existing overlay districts or the boundary of an overlay district that is already the subject of an introduced ordinance pursuant to this section.

k.

When submitted, no signature dated earlier than six months prior to the time the petition is filed with the city clerk shall be counted in determining the validity of the petition.

(2)

Upon presentation to the city clerk for review, the clerk shall verify the signatures on the petitions. If insufficient signatures are presented, the clerk shall return the petitions to the person filing the petitions and identify the valid and invalid signatures. If sufficient valid signatures are presented, the clerk shall refer the petitions to the zoning department which shall then, within 30 days, determine whether the petitions are in conformity with the remaining conditions of this section.

a.

If the petition is determined to be in conformity with the requirements of this section, the zoning administrator shall draft an appropriate ordinance and forward it to city council for introduction in accordance with the petition procedures set forth in section 50-31. All procedures set forth in section 50-31 for zoning changes by petition shall thereafter be followed.

b.

If the petition is not in conformity with the requirements of this section, the zoning administrator shall reject the petition and return it to the clerk with a written explanation as to why the petition does not meet the requirements of this section. The clerk shall then forward the petitions, and the explanation, to the person who filed the petitions.

c.

If the petition is rejected for failure to comply with the boundary requirements, it may be resubmitted with the proper boundary lines if it is accompanied by certification that a copy of the petition and written notice was mailed to each property affected by the change, notifying them that their property was either added to or deleted from the petition and if by the correction of the boundary line the petition still meets all other requirements of the code.

d.

If the petition is rejected for an insufficient number of valid signatures, it may be resubmitted with the additional signatures necessary to have it comply as long as the other signatures remain valid.

e.

If an ordinance is forwarded to city council pursuant to this section, after consideration of the petition and the recommendations of the zoning administrator, if any, the city council may make additions or changes in the boundaries of the proposed overlay district to prevent spot zoning, to include or exclude areas that logically should have been included or excluded in the petition, to make the boundaries of the proposed overlay district abut boundary lines of other zoning districts and overlay districts, and to adopt an alternate ordinance in conformity with the suggested changes whether or not the two-thirds majority requirement of property owners would still be met with the proposed changes.

f.

If the city council, in adopting an ordinance for an overlay district, applies the ordinance to fewer parcels of property than the petition sought, the owners of at least two-thirds of the parcels remaining in the overlay district must have signed the original petition.

(3)

Subsequent to the introduction of an ordinance proposing to establish an overlay district, the circulator(s) of the petition for the overlay district or a majority of those persons who signed the petition for an overlay district may file a written request with the city council to table consideration or further proceedings toward the adoption of the ordinance for 60 days in order to allow the submission of an alternate petition for a different type of restriction for the same proposed overlay district. If such a petition is submitted during the 60-day period, city council may introduce an alternate ordinance in conformity with the subsequent petition and the ordinances shall, to the extent possible, be processed simultaneously. The planning commission shall include in its recommendations which ordinance it concludes, after public hearing, has the majority of the support of the property owners in the proposed district.

(4)

No earlier than one year after the adoption of an ordinance establishing an overlay district, a petition for a change of the type of overlay district may be submitted by following the procedures for establishing an initial overlay district.

(Ord. No. 1035C, 4-7-2004; Ord. No. 1091, 11-16-2004; Ord. No. 1251, 2-15-2011)

(a)

Upon introduction of an ordinance to create an overlay district and at all times while the ordinance is pending final decision, there shall be a moratorium on the issuance of initial rental unit licenses to the extent that no initial rental housing license shall be issued within the proposed overlay district to the owner of a one family dwelling unit that would be precluded if the overlay district was adopted, regardless of whether the license was applied for prior to or subsequent to the ordinance's introduction. If more than one ordinance is pending seeking alternate types of overlay districts pursuant to subsection 50-775(3), no initial license shall be issued within the proposed district that would be precluded if the most restrictive ordinance was adopted, regardless of whether the license was applied for prior to or subsequent to the ordinance's introduction.

(b)

Upon passage of an ordinance by city council establishing an overlay district, no initial rental unit license shall be issued to an owner of property in the overlay district inconsistent with the restrictions of the overlay district and it shall be unlawful to use or allow any property to be used except in conformity with the requirements of the underlying zoning district and overlay district. Any property in the overlay district that has an existing rental housing license, or has had a rental housing license within one year of adoption of the overlay district, shall be allowed to continue its use and occupancy in accordance with the law existing prior to the date of the adoption of the overlay district. No existing rental housing use or occupancy in an overlay district shall be considered to be a nonconforming use as the result of adoption of an overlay district unless the rental license expires for more than one year. If an owner surrenders an existing license or allows, either intentionally or unintentionally, a license to remain expired for more than one year, any subsequent use of the property shall be subject to the restrictions imposed by the overlay district.

(c)

Except as set forth in subsection 50-775(3), if an ordinance introduced pursuant to this section is denied, a subsequent ordinance for an overlay district that includes the same parcels may not be introduced for one year following introduction of the previous ordinance.

(d)

Any ordinance which is not adopted within six months of its introduction shall be deemed denied unless the ordinance was tabled or otherwise delayed for 60 days pursuant to subsection 50-775(3), in which case it shall be deemed denied if not adopted within eight months of its introduction.

(Ord. No. 1035C, 4-7-2004; Ord. No. 1091, 11-16-2004)

[This section is derived from ordinances that amended the zoning use district map by rezoning specific properties into a residential rental restriction overlay district.]

(1)

Ordinance No. 1082. The zoning use district map is amended to rezone the Brookfield Subdivision, Lots 2 through 98, inclusive, into the R-O-3 Residential Rental Restriction Overlay District. The Brookfield Subdivision lies north of East Grand River and east of Hagadorn Road. The zoning includes the following properties:

(2)

Ordinance No. 1248. The zoning use district map is amended to rezone the southeastern portion of the Glencairn Neighborhood to expand the current R-O-1 Residential Rental Restriction Overlay District to include properties between Sunset Lane and Forest Street along the eastern border and properties between Marshall Street and the alley south of Marshall Street along the southern border. The area to be zoned R-O-1 Residential Rental Restriction Overlay District is bounded by the public alley east of Rosewood Avenue, W. Grand River Avenue, Harrison Avenue, Glenhaven Avenue, Southlawn Avenue, Forest Street, the southern property lines of 601 Forest Street and 604 Sunset Lane, Sunset Lane, the alley south of Marshall Street, Hillcrest Avenue, and the southern property line of 525 Hillcrest Ave. The zoning includes the following properties:

(3)

Ordinance No. 1092. The zoning use district map is hereby amended to rezone a portion of the West Brookfield Subdivision, Lots 4 through 19 and 23 through 68, inclusive, and 5 adjacent parcels into the R-O-1 Residential Rental Restriction Overlay District. The area to be rezoned lies north of Old Canton Lane, west of North Hagadorn Road, south of Albert Avenue and the Subdivision line west of Kenberry Drive. The rezoning includes the following properties:

(4)

Ordinance No. 1094. The zoning use district map is hereby amended to rezone the Lantern Hill and Lantern Hill No. 1 Subdivisions, Lots 1 through 55, inclusive, the Bedford Hills Subdivision, Lots 1 through 60, inclusive, and the Barberry Subdivision, Lots 1 through 11, inclusive, and the lots at 1101 and 1107 Burcham Road into the R-O-3 Residential Rental Restriction Overlay District. The area to be rezoned is bounded by: Burcham Road; the western lot line of 1101 Burcham Road and the western boundary of the Lantern Hill Subdivision, west of Lantern Hill Drive; Patriarche Park; the northern boundaries of the Lantern Hill No. 1 and the Bedford Subdivisions, north of Cedarhill Drive; N. Hagadorn Road; the East Lansing Water Tower and the Marble Elementary School; and Virginia Avenue. The rezoning includes the following properties:

(5)

Ordinance No. 1095. The zoning use district map is hereby amended to rezone a portion of the Whitehills Estates, Whitehills Estates No. 2, Whitehills Estates No. 3 and Whitehills Estates No. 4 Subdivisions, Lots 1 through 45, Lots 47 through 58, the southern portion of Lot 59, Lots 61 through 69, Lots 73 through 79, Lots 86 through 88, and Lots 90 and 91, into the R-O-2 Residential Rental Restriction Overlay District. The area to be rezoned lies south of E. Saginaw Street, west of Alton Road, east of Abbott Road Avenue and north of the East Lansing High School and St. Thomas Aquinas Church properties. The rezoning includes the following properties:

(6)

Ordinance No. 1096. The zoning use district map is hereby amended to rezone the Harrison Meadows North Subdivisions, Lots 1 through 23 inclusive, and six adjacent lots on N. Harrison Avenue into the R-O-1 Residential Rental Restriction Overlay District. The area to be rezoned lies east of N. Harrison Avenue, north of Gainsborough Drive and south of the Tamarisk Subdivision and includes all the residential properties along Cricket Lane. The rezoning includes the following properties:

(7)

Ordinance No. 1097. The zoning use district map is hereby amended to rezone a portion of the central part of the Bailey Neighborhood into the R-O-1 Residential Rental Restriction Overlay District. The area to be rezoned generally lies west of Gunson Street, north of Ann Street, east of Charles and Division Streets and south of Burcham Drive. The area also includes properties north of Burcham Drive along Dunbar Court, Camelot Drive, Alton Road and King Court. The rezoning includes the following properties:

(8)

Ordinance No. 1098. The zoning use district map is hereby amended to rezone a portion of the Chesterfield Hills Neighborhood into the R-O-1 Residential Rental Restriction Overlay District. The area to be rezoned generally lies west of Harrison Road, north of Michigan Avenue, east of the city limits and the Hillcrest Village Apartments and south of W. Grand River. It includes all of the neighborhood that is currently zoned in the R-2 Single Family District. The rezoning includes the following properties:

(9)

Ordinance No. 1101. The zoning use district map is hereby amended to rezone the residential portion of the Red Cedar Neighborhood into the R-O-3 Residential Rental Restriction Overlay District. The area to be rezoned includes all of the neighborhood that is currently zoned in the R-2 Single Family District, and generally lies west of S. Harrison Road, north of Trowbridge Road, east of US-127 and south of Kalamazoo Street. The rezoning includes the following properties:

(10)

Ordinance No. 1131. The zoning use district map is hereby amended to rezone the Southeast Marble Neighborhood into the R-O-1 Residential Rental Restriction Overlay District. The area to be rezoned generally lies east of Hagadorn Road, south of Burcham Road, west of Timberlane Drive and extends south to include Cahill Drive. In includes all of the neighborhood that is currently zoned in either the R-1 or the R-2 Single-Family Districts. The rezoning includes the following properties:

(11)

Ordinance No. 1134. The zoning use district map is hereby amended to rezone the Walnut Heights Neighborhood into the R-O-3 Residential Rental Restriction Overlay District. The area to be rezoned includes properties in the Walnut Heights, Walnut Heights No. 1, Walnut Heights No. 2 and Greencrest Subdivisions and a portion of the Greencrest No. 1 Subdivision. The district generally lies east of Hagadorn Road, south of Haslett Road, west of Timberlane Drive and extends south to the MacDonald Middle School property. It includes all of the neighborhood that is currently zoned in the R-1 Single-Family District. The rezoning includes the following properties:

(12)

Ordinance 1198. The zoning use district map is amended to rezone the following properties into the R-O-1 Residential Rental Restriction Overlay District:

_____

(13)

Ordinance 1204. The zoning use district map is hereby amended to rezone the following properties to the R-O-1 Residential Rental Restriction Overlay District:

_____

(14)

Ordinance No. 1230. The zoning use district map is hereby amended to rezone a portion of the Rudgate Hills, Rudgate Hills 1, Rudgate Hills 2, Rudgate Hills 3, Whitehills Estates 6, Whitehills Estates 7, Whitehills Estates 8, Whitehills Estates 9, Whitehills Estates 10, and Whitehills Estates 11 subdivisions, into the R-O-1 Residential Rental Restriction Overlay District. The area to be rezoned generally lies north of Saginaw Street and Walbridge Drive, west of Hagadorn Road, south of Lake Lansing Road, and east of Old Mill Road. The rezoning includes the following properties: