A)

MU-1, Neighborhood Mixed-Use District. Intended to permit daily services and goods to be readily available for the surrounding neighborhoods in addition to context-sensitive live/work developments, residential units, office, and smaller-scale commercial uses that lend themselves to encouraging a walkable, pedestrian oriented neighborhood. These areas are also intended to accommodate uses which can serve as transitional areas between residential districts and Eastpointe's more intensive, auto-focused business districts and major thoroughfares. Permitted uses include retail, personal services, work/live units, upper floor residential, and office uses.

B)

MU-2, Main Street Mixed-Use District. Intended to permit small- to medium-scale mixed-use development that encourages pedestrian, bicycle, and transit uses as a means of accessing and supporting these uses along the 9 Mile Road corridor. This includes a variety of commercial, office, recreation, civic, and residential uses to enhance the vitality and appeal of the corridor. This district further intends to protect the integrity of the surrounding residential uses by requiring the installation of landscaping, buffers, etc. Along the 9 Mile Road frontage, the district requires build-to widths, high levels of transparency on the front building facade, frequent entrance spacing, and ground floor elevation at or near sidewalk grade, to promote a legible street wall and activate the public realm with pedestrian activity and visual interest.

C)

DT, Downtown District. Intended to provide a defined city center and concentrated downtown area with a "city identity", indicating to residents and visitors that they are in Eastpointe. The district intends to create a walkable commercial area with diverse uses, including mobile vendors, and increased night-time population.

D)

MU-3, Regional Mixed-Use District. Intended to allow for a wide variety of retail, commercial, and residential uses that services Eastpointe and the surrounding communities. Many of the business uses permitted in the district are thoroughfare oriented and may generate greater volumes of traffic and activities. Moderate density, missing middle housing typologies are encouraged.

E)

Central Downtown Overlay. This overlay is intended to require a higher floor density on key parcels at Eastpointe's downtown core intersection: Gratiot Avenue and 9 Mile Road. This increased density will create a major node in the city, therefore bolstering a vibrant downtown.

F)

Gratiot Gateway Overlay. This overlay is intended to promote a southern gateway to Eastpointe and Macomb County, improving perception and creating a welcoming and culturally rich environment. The overlay encourages increased heights and densities for both commercial and residential buildings and acts as a transit hub. The overlay also provides public spaces where people of all ages can gather and participate in activities by incorporating the existing and potential expansion of the transit system.

(Ord. of 11-13-2023)

See article 2, section 2.07: table of land uses by zoning district for a complete list.

(Ord. of 11-13-2023)

See article 6: schedule of regulations, building form, and design standards for requirements.

(Ord. of 11-13-2023)

A)

Adult business.

1)

Location regulations.

a)

Like-uses. No adult business use shall be located within 1,000 feet of any other adult business use.

b)

Sensitive uses. No adult business use shall be located within 600 feet of any of the following uses:

i.

All class C establishments licensed by the state liquor control commission.

ii.

Pool or billiard halls.

iii.

Coin-operated amusement centers.

iv.

Teenage discos or dancehalls.

v.

Ice or roller skating rinks.

vi.

Pawnshops.

vii.

Indoor or drive-in movie theaters.

viii.

Any public park.

ix.

Any church.

x.

Any public or private school having a curriculum including kindergarten or any one or more of the grades one through 12.

xi.

Any public building.

xii.

Any residential zoned area. Such required distance shall be measured by a straight line between the nearest point of the boundary line of a residential zoning district to the nearest building wall or contemplated building wall of the building intended to house an adult business use.

xiii.

Any other regulated use as defined herein.

c)

Distance measurements. Except for residentially zoned areas, all distances shall be measured along the center line of the street or address between two fixed points on the center lines determined by projecting straight lines at right angles from the part of the uses set forth in this subsection nearest to the contemplated location of the structure containing the adult business use and from the contemplated location of the structure containing the adult entertainment use.

d)

Freestanding building. Any adult business use shall be contained in a freestanding building. Enclosed malls, commercial strip stores or, common wall structures and multiple uses within the same structure, do not constitute freestanding buildings.

2)

No public visibility. No adult business use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not regulated as an adult entertainment use. This subsection shall apply to any display, decoration, sign, show window or other opening.

3)

Intent. It has been demonstrated that the establishment of adult businesses in business districts which are immediately adjacent to and which serve residential neighborhoods has deleterious effects on both business and residential segments of the neighborhood, causing blight and a downgrading of property values. A prohibition against the establishment of more than two regulated uses within 1,000 feet of each other serves to avoid the clustering of certain businesses, which, when located in close proximity to each other, tend to create a marginal atmosphere. However, such prohibition fails to avoid the deleterious effects of blight and devaluation of both business and residential property values resulting from the establishment of adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult motion picture arcades, adult motels, adult massage parlors, adult model studios, adult sexual encounter centers and adult cabarets in a business district which is immediately adjacent to, and which also serves adjoining residential neighborhoods. Concern for the pride in the orderly planning, development and preservation of the integrity of a residential neighborhood should be encouraged and fostered by those businesses and those persons who might otherwise comprise the business and residential integrity of the neighborhood. The planning commission and the city council should therefore be guided by the expressed will of those businesses and residences which are immediately adjacent to the proposed location of, and therefore, most affected by, the existence of any adult bookstore, adult motion picture, adult mini-motion picture theater, adult cabaret, etc.

4)

Council waivers. The council may waive the limiting regulations of this section if all of the following are found:

a)

The proposed use will not be contrary to the public interest or injurious to the nearby properties, and the spirit and intent of this chapter will be observed.

b)

The proposed use will not enlarge or encourage the development of an undesirable area.

c)

The person seeking to establish the adult business use shall include a petition which affirmatively demonstrates the approval of the proposed adult entertainment use by at least 50 percent of the persons owning or occupying premises within a radius of 600 feet of the proposed use. The petitioner shall attempt to contact all occupied premises within this radius and must maintain a list of all addresses at which no contact was made. The person who circulates the petition requesting approval shall subscribe to a sworn affidavit attesting to the fact that the petition was circulated, that the person who circulated the petition personally witnessed the signatures on the petition and that, to the best of his or her knowledge, the same were affixed to the petition by the person whose name appeared thereon. The city council shall not consider the application until such petition has been filed and verified to the satisfaction of the city council.

B)

Gas stations.

1)

Must be located 100 feet away from a residential zoning district, measured by property line to the nearest gas station pump island. This distance considers the possibility of spills, leaks, odors, and other accidents that can occur at a gas station.

2)

Must be located on a lot with at least 150 feet of frontage along arterial streets only (e.g., 10 Mile and Gratiot).

3)

Must be located on a lot with at least 15,000 square feet.

4)

A traffic impact study may be required by the planning commission if the commission determines that the traffic generated by the use could adversely affect the area.

C)

Drive-thru facility.

1)

Must be located 25 feet away from a residential zoning district, measured by residential property line to stacking space.

2)

If the drive-thru principal use is a restaurant, then there must be both indoor and outdoor seating or dining opportunities. If there is not enough lot space, the zoning administrator can waive this provision.

3)

Vehicle access must be located 100 feet or more from the intersection of two streets.

4)

When considering approval of a use, the authority must consider if the circulation and sanitation plans create a healthy and safe environment.

5)

Buildings of businesses that use drive-thrus to serve food primarily for off-site consumption may not be located within 1,000 feet of one another.

6)

A traffic impact study may be required by the planning commission if the commission determines that the traffic generated by the use could adversely affect the area.

D)

Landscape nursery/greenhouse. Landscape nurseries and greenhouses are permitted as a special land use in the MU-1 District only if the parcel has direct access to a major thoroughfare.

E)

Parking lot. A parking lot is allowed if it is a municipal lot or if it is an accessory use to a principal business establishment and the lot is adjacent or adjoining to the principal business' parcel.

F)

Smoke/vape shop.

1)

A licensed tobacco or tobacco-less vape shop cannot operate within the buffer district, which is defined as an area of 500 feet from any private or public preschool, elementary, secondary, vocational, trade school, college/university, or childcare center, measured property line to property line.

2)

A smoke shop cannot be closer than 1,000 feet to any other tobacco or smoke shops, measured from property line to property line.

G)

Smoking lounge. State of Michigan law does not allow food establishments within a smoking lounge. However, take-away or carry-out food can be permitted within smoking lounges. Smoking lounges are defined as a business establishment that is dedicated to the smoking of tobacco, including but not limited to establishments commonly known as cigar lounges, hookah bars/cafes, tobacco clubs, or smoking parlors.

H)

Wholesale office, vehicle sales. Wholesalers cannot buy, sell, or otherwise deal vehicles to a person other than a licensed vehicle dealer. Storage or display of vehicles for sale is not permitted unless the applicant receives a vehicle sales use permit.

(Ord. of 11-13-2023; Ord. No. 24-1238, 6-4-2024)