ZONING DISTRICTS
For the purposes of this ordinance, the city is hereby divided into the following districts:
The city is hereby divided into the districts established in section 200 and as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance.
The official zoning map shall be identified by the following: "this is the official zoning map referred to in section 201 of the Oak Park Zoning Ordinance, as amended, adopted on June 7, 2021," along with the certification and signature of the city clerk.
If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly with the effective dates of the changes.
No changes of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change shall be considered a violation of this ordinance.
Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the city clerk shall be the final authority regarding the current zoning status of land and water areas, buildings and other structures in the city.
In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret due to changes, the city council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may also correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof.
The new official zoning map shall be certified and signed by the city clerk as follows: "This is to certify that this official zoning map, effective June 7, 2021, supersedes and replaces the previously-adopted official zoning map of the City of Oak Park." Unless the prior official zoning map has been lost or totally destroyed, the entire map or any significant portions thereof shall be preserved, together with all available records pertaining to its adoption or amendment.
The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to all structures, buildings, uses and land, except as hereinafter provided:
a.
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformance with all of the regulations herein specified for the district in which it is located.
b.
No building or other structure shall hereafter be erected or altered:
1.
To exceed the height or bulk,
2.
To accommodate or house a greater number of families,
3.
To occupy a greater percentage of lot area,
4.
To have a yard, open space, or lot area which is less than herein required; or in any other manner contrary to the provisions of this ordinance.
c.
No part of a yard, other open space, off-street parking or loading area required to comply with the provisions of this ordinance shall be included as part of the same requirements for another building unless expressly permitted.
d.
No yard or lot existing at the effective date of this ordinance shall be altered in any way except in conformance with the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements of this ordinance.
e.
Essential services shall be permitted as authorized and are exempted from the provisions of this ordinance.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
a.
Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;
b.
Boundaries indicated as approximately following lot lines shall be construed as following such lot lines;
c.
Boundaries indicated as approximately following municipal boundaries shall be construed as following such boundaries;
d.
Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks;
e.
Boundaries indicated as approximately following shorelines shall be construed as following such shorelines. In the event a shoreline changes, the boundaries shall be construed as also changing with the actual shoreline. Boundaries indicated as approximately following the centerline of streams, rivers, drains, canals and other bodies of water shall be construed as following such center lines;
f.
Boundaries indicated as parallel to or extensions of features indicated in subsections a.—e. above shall be so construed. Distances not specified on the official zoning map shall be determined by the scale of the map.
g.
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other instances not addressed by subsections a.—f. above, the zoning board of appeals shall interpret the district boundaries;
Whenever any street, alley, or other public right of way is vacated, the land which is vacated, or any portion thereof, shall be automatically classified in the same zoning district as the property to which it is attached. Should any portion of the land which is vacated border different districts, the center of such vacated land area shall be the dividing line between the districts.
a.
R-1 one-family dwelling district. The R-1 one-family dwelling district is intended to provide an environment of one-family detached dwellings and accessory uses in structures within stable residential neighborhoods.
b.
R-2 two-family dwelling district. The R-2 two-family dwelling district is intended to permit both one-family and two-family dwellings and compatible accessory uses and structures within stable residential neighborhoods.
c.
RM-1 and RM-2 multi-family residential districts. The RM-1 low-rise multi-family residential districts and the RM-2 mid-rise multi-family districts are intended to provide areas for multiple family dwellings and related uses, which will generally serve as zones of transition from lower-density residential districts to more intense use districts, while providing appropriate housing alternatives in a properly planned setting. RM-1 is intended to be for lower height multiple-family buildings and RM-2 is intended for taller buildings with greater density.
In the residential districts, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right, "CLU" are permitted with conditions subject to standards in article V, division 3, conditional land uses, and uses denoted by a "SLU" are considered special land uses and may be approved by the planning commission subject to the applicable general and specific standards in article V, division 4, special land uses. Additional applicable use standards are listed in the column at right.
Table 211.1 Residential Districts Uses
(Ord. No. O-23-728, § 1, 3-8-23; Ord. No. O-23-729, § 1, 7-17-23; Ord. No. O-25-739, § 2, 5-19-25)
All residential uses permitted by right or by special land use approval shall be required to meet all of the following requirements:
a.
The minimum floor area, per unit, for one-family and two-family dwellings shall be as follows:
b.
The minimum floor area, per unit (1), for multiple family dwellings shall be as follows:
1.
Each building designed solely for the exclusive use as senior citizen dwelling units shall have at least 50 square feet of additional floor area per dwelling unit for each unit less than 650 square feet, contained elsewhere in such senior citizen apartment building for the use by occupants exclusively for group physical therapy, recreation, hobbies, library, meeting rooms, lounge area, common dining and kitchen facilities, or similar approved accessory uses as may be approved by the planning commission as additional floor area for a senior citizen dwelling unit.
c.
Accessory uses, buildings or structures customarily incidental to the aforesaid use as hereinafter stated and/or under the conditions hereinafter specified:
1.
Private garages and other detached accessory structures or buildings subject to the limitations set forth in section 300.
d.
Garage sales. The home owner or occupant may conduct a garage sale in accordance with requirements set forth in section 22-375 of this Code.
(Ord. No. O-25-739, § 2, 5-19-25)
Building design standards are regulated by building types below that meet the intent of the district, its uses, intensity of use, and character. General architectural standards and standards by building types are regulated in article III, division 2, architectural building standards. The following building types (X) are intended to meet the intent of the residential districts and their associated permitted uses.
a. Does not apply to lots platted and of record prior to the passage of Ordinance No. 54, adopted March 3, 1952.
b. If the building is located on a corner lot, the side yard setback on the street side shall be 15 feet.
c. In RM-2 districts, any building five stories or higher, the minimum lot area per dwelling unit may be reduced by 50 square feet per unit for every story above the fourth level; however, in no case shall the minimum lot area per dwelling unit be less than 1000 square feet per dwelling unit.
(Ord. No. O-22-719, § 2, 3-7-22)
ALL RESIDENTIAL DISTRICTS
a.
No front yard space in any R-1 district shall be used for the storage or parking of vehicles or any other materials or equipment; provided vehicles which are currently licensed and in normal driving condition may be parked in a service driveway or garage.
b.
Prohibited use for open areas: No machinery, equipment, commercial vehicles, or other materials, shall be stored or parked, or permitted to stand in any open area that is clearly visible from the street, public place or adjoining residential property.
c.
The construction and maintenance of yard waste composting bins shall be permitted subject to the following specifications:
1.
The bin shall not exceed five [feet] cubed (125 cu. ft.) in volume area.
2.
The bin shall be in a container constructed of wood, wire, metal or plastic.
3.
The bin may be stationary or rotating unit.
4.
The bin shall be so located in the backyard, and shall be screened or fenced so that it is not readily visible from adjacent property, sidewalk streets.
5.
The bin shall comply with all requirements of this Code as now or hereafter amended.
6.
The bin shall not be allowed to become a nuisance or to attract rodents, or to become a health or safety hazard.
7.
Compost materials are limited to: grass clippings, vegetable and fruit peelings, coffee grounds and tea leaves, lettuce leaves, soil (or compost), and water.
d.
The total area of all impervious surfaces shall not exceed 70 percent of the lot area.
e.
In R-1 and R-2 districts, 50 percent of the front yard must be maintained as landscaped, green space. Permeable pavers or other semi-hardscape materials do not qualify as landscaped, green space.
RM-1 and RM-2 DISTRICTS
a.
In all RM-1 and RM-2 multi-family dwelling districts on the property line between such districts and R-1 and R-2 residential districts, and on the property line between any other districts, there shall be erected a brick or other decorative screening wall not less than six feet high, nor more than eight feet high, such wall to be approved as to the design and material by the planning commission. This screening provision is not required for two-family dwellings constructed within the RM-1 and RM-2 multi-family dwelling districts.
(Ord. No. O-23-728, § 1, 3-8-23; Ord. No. O-25-739, § 2, 5-19-25)
All principal uses, conditional uses, and special land uses, are subject to the following site development requirements:
Article III, Division 1: General Provisions
Article III, Division 2: Architectural Building Standards
Article IV, Division 1: Off-Street Parking and Loading Standards
Article IV, Division 2: Access Management and Driveway Standards
Article IV, Division 3: Landscape Standards and Tree Replacement
Article IV, Division 4: Signs
Article IV, Division 5: Lighting standards
Article V, Division 1: Site Plan Review
a.
B-1 neighborhood business. The B-1 neighborhood business districts are intended to meet the day-to-day convenience shopping and service needs of persons residing in nearby residential areas.
b.
B-2 general business. The B-2 general business districts are intended to accommodate more intensive businesses that cater to a larger consumer market than those typically found in neighborhood business districts. B-2 uses are generally characterized by an integrated or planned cluster of establishments served by a common parking lot.
c.
O office. The O districts are intended to accommodate uses such as offices, banks, personal services, and a limited amount of retail. The O districts can serve as a transition between residential uses and more intensive uses and transportation corridors.
d.
PTRED planned, technical, research, education development. The planned technical, research, education development districts are intended to accommodate research, technical, medical and educational activities which serve the needs of nearby regional establishments. The primary characteristic of uses allowed in this district is the pursuit of technical knowledge to serve the needs generated by those endeavors. Uses in this district shall be developed on larger parcels of land in a "campus-like" setting that creates a physical atmosphere of low-rise buildings accented with substantial landscaping.
e.
PCD planned corridor development. The planned corridor development districts are designed to provide for a variety of retail and service establishments in business areas abutting major thoroughfares and so located and planned as to provide convenient customer parking, store servicing and pedestrian traffic movement within the business district and with a minimum of conflict with traffic on abutting streets. To assure optimum site planning relationships and minimum internal and external traffic conflict, each use will be reviewed as it relates to its site and abutting sites and as it relates to the entire district and abutting districts. This type of district is further created so as to provide a zone of transition between residential districts and major thoroughfares or expressways.
f.
MX-1 mixed-use. The MX-1 mixed-use district is intended to blend two or more residential, commercial, or industrial uses in a compact area. This type of zoning is designed to accommodate mixed-use buildings that have business uses on the first floor and residential uses on the above floor(s). This arrangement will encourage pedestrian-friendly developments and specialty food and retail shops, which will in turn promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction.
g.
MX-2 city center mixed-use. The city center mixed-use district is intended to accommodate a walkable, vibrant mixed-use center. Commercial, residential, cultural, and service uses are intended to be integrated within two- to three-story buildings, typically characterized by active ground-floor retail, service, or restaurant uses and upper story residential.
In the commercial/mixed-use districts, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right, "CLU" are permitted with conditions subject to standards in article V, division 3, conditional land uses, and uses denoted by a "SLU" are considered special land uses and may be approved by the planning commission subject to the applicable general and specific standards in article V, division 4, special land uses. Additional applicable use standards are listed in the column at right.
Table 221.1 Commercial and Mixed-Use Districts Uses
(Ord. No. O-22-721, § 1, 6-20-22; Ord. No. O-23-728, § 2, 3-8-23; Ord. No. O-23-729, § 2, 7-17-23; Ord. No. O-25-739, § 3, 5-19-25)
All commercial uses permitted by right, conditional land use or by special land use approval shall be required to meet all of the following requirements:
a.
All business establishments shall be retail or service establishments dealing directly with customers.
b.
All goods produced on the premises shall be sold at retail on the premises where produced.
c.
All businesses or services shall be conducted within a completely enclosed building except where commercial outdoor seating, display, storage, service or sales is permitted as an accessory use and has been approved as part of the site plan in accordance with the standards of article V, division 1 for the respective use or as otherwise permitted.
d.
Accessory uses customarily incidental to the above permitted uses, only when conducted within a completely enclosed building.
e.
"Sidewalk sales" shall be permitted only as provided hereunder:
1.
No person, firm, corporation or merchants shall vend, sell, dispose of or display any goods, wares, merchandise, produce or vegetables on any public street or sidewalk or anywhere else outside a building without having first obtained a license from city council for that purpose, paid a license fee therefor, as hereinafter provided, and being possessed of a merchant's license issued by the city which is valid for the period of said sidewalk sale.
2.
Application for license to vend, sell, dispose of or display merchandise, goods, wares, produce or vegetables outside the building shall be made in writing to the city clerk. The application shall contain the name of the applicant, if an individual, the names of partners, if a copartnership, or the names of the principal officers, if a corporation, and shall include the location of the place or places where such merchandise, goods, wares, produce or vegetables are to be so displayed and sold.
3.
The license fee to be paid for such application shall be established by proper resolution of the city council. No license shall be valid for more than three days. No more than two such licenses shall be granted to any person, firm, corporation or merchant in a single calendar year. The license issued under this subsection shall apply only to the premises specified in the application, and it shall not be transferred or assigned nor shall any parties other than those listed in the application be allowed to conduct a sidewalk sale. No license shall be issued hereunder until approval of the application therefor by the city council and upon certification of the building inspector.
4.
A license issued under this subsection shall be granted and valid only for the display and sale of the merchandise usually sold on the premises and described in the application for the license, and no new merchandise shall be brought in to vend, sell, dispose of or display at the sidewalk sale.
5.
All merchandise offered for sale hereunder must be displayed on private property. Merchandise shall be securely and adequately placed so that it will not endanger passersby or fall or extend into the public right-of-way. Such sales shall not be operated in any manner which would cause a nuisance, or create a fire hazard or obstruct ingress and egress to premises.
6.
The director of public safety and the building inspector shall make or cause to be made sufficient inspection to ensure compliance with the provisions of this section and any other applicable provisions of the city ordinances by the personnel conducting such sales.
(Ord. No. O-25-739, § 3, 5-19-25)
All principal uses, conditional uses, and special land uses, are subject to the following site development requirements:
Article III, Division 1: General Provisions
Article III, Division 2: Architectural Building Standards
Article IV, Division 1: Off-Street Parking and Loading Standards
Article IV, Division 2: Access Management and Driveway Standards
Article IV, Division 3: Landscape Standards and Tree Replacement
Article IV, Division 4: Signs
Article IV, Division 5: Lighting standards
Article V, Division 1: Site Plan Review
Building design standards are regulated by building types that meet the intent of the district, its uses, intensity of use, and character. General architectural standards and standards by building types are regulated in article III, division 2, architectural building standards. The following building types (x) are intended to meet the intent of the commercial/mixed-use districts and their associated permitted uses.
(Ord. No. O-22-719, § 3, 3-7-22; Ord. No. O-23-728, § 2, 3-8-23)
1. MX-2 is limited to one double-loaded bay of parking in front yard.
2. The front yard area between the minimum and maximum setback in the B-1 and MX-1 districts is defined as a dooryard. The dooryard is intended as a transitional area between the public realm and private property for pedestrian-oriented amenities. It shall accommodate entrances, outdoor seating, and projections such as awnings and balconies.
3. In the MX-1 and MX-2, the Planning Commission may allow a greater height of no more than 75 feet, if it is used to support residential or mixed-use development and finds that:
a. The proposed height will not adversely impact adjacent properties or nearby residential neighborhoods.
b. The added height is necessary to support redevelopment.
c. The proposed development is designed to facilitate the objectives and strategies of the master plan.
d. The planning commission may impose any additional setbacks or site conditions or limitations as in its judgement, may be necessary to protect the character of any adjacent and nearby residential neighborhoods and/or non-residential land uses against any potential negative impact of the project.
(Ord. No. O-23-728, § 2, 3-8-23; Ord. No. O-25-739, § 3, 5-19-25)
A.
LI light industrial. The light industrial district regulations are established to provide sites for manufacturing plants, warehousing, research laboratories and similar uses. Development is limited to uses that can be carried out in an unobtrusive manner and maintain a compatibility with surrounding residential or commercial areas.
B.
IF industrial flex. The intent of the industrial flex district is to foster a mixture of live/work and maker space that complements and transitions to nearby commercial, residential, and industrial districts. Industrial flex areas are generally transitioning from industrial uses to a higher density, adaptive reuse or modern infill to accommodate an eclectic live/work mixture of uses.
In the industrial districts, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right, "CLU" are permitted with conditions subject to standards in article 5, division 3, conditional land uses, and uses denoted by a "SLU" are considered special land uses and may be approved by the planning commission subject to the applicable general and specific standards in article 5, division 4, special land uses. Additional applicable use standards are listed in the column at right.
Table 231.1 Industrial District Uses
(Ord. No. O-22-721, § 2, 6-20-22; Ord. No. O-23-728, § 3, 3-8-23; Ord. No. O-23-729, § 3, 7-17-23; Ord. No. O-25-739, § 4, 5-19-25)
All commercial uses permitted by right or by special land use approval shall be required to meet all of the following requirements:
a.
Except as otherwise provided in this article, all uses shall be conducted wholly within a completely enclosed building, except for off-street parking or loading.
b.
Outdoor storage which is clearly accessory to the permitted use, limited in scale, and incidental to the primary indoor use(s) of the site, subject to the provisions of section 557j.
c.
The storage and/or use of any volatile, flammable or other materials shall be fully identified in the site plan review application and in accordance with all city, state and federal regulations regarding toxic or hazardous materials subject to MCL 324.11121 and MCL 324.11122.
d.
Where the outdoor placement of an aboveground storage tank is necessary, the storage tank must be completely screened from public view. The screening shall consist of a masonry wall of brick, stone or poured concrete with a decorative pattern or a treated wood obscured fence. The design and material of the screening to be approved by the planning commission.
e.
No truck well, loading dock, overhead door or other type of service bay door shall face an abutting residential district. Pedestrian exits and emergency doors are permitted on such building facades.
(Ord. No. O-22-721, § 3, 6-20-22; Ord. No. O-25-739, § 4, 5-19-25)
Building design standards are regulated by building types that meet the intent of the district. General architectural standards and standards by building types are regulated in article III, division 2, architectural standards. The following building types (X) are intended to meet the intent of the industrial districts.
1. Side yard setbacks may be reduced along one interior side lot line which abuts another property or properties zoned industrial, where proper access is provided to the rear of the building for parking, loading/unloading, and emergency services, and provided the building wall complies with all requirements of the building code for proper construction and fire rating. This section permits zero lot line construction where the above conditions are demonstrated to be met through site plan review.
2. The front yard setback may be reduced to ten feet provided significant landscaping is provided in a greenbelt per section 445.
3. In the IF district, the planning commission may allow a greater height of no more than 75 feet, if it is used to support residential or mixed-use development and finds that:
a. The proposed height will not adversely impact adjacent properties or nearby residential neighborhoods.
b. The added height is necessary to support redevelopment.
c. The proposed development is designed to facilitate the objectives and strategies of the master plan.
d. The planning commission may impose any additional setbacks or site conditions or limitations as in its judgement, may be necessary to protect the character of any adjacent and nearby residential neighborhoods and/or non-residential land uses against any potential negative impact of the project.
(Ord. No. O-23-728, § 4, 3-8-23
All principal uses, conditional uses, and special land uses, are subject to the following site development requirements:
Article III, Division 1: General Provisions
Article III, Division 2: Architectural Building Standards
Article IV, Division 1: Off-Street Parking and Loading Standards
Article IV, Division 2: Access Management and Driveway Standards
Article IV, Division 3: Landscape Standards and Tree Replacement
Article IV, Division 4: Signs
Article IV, Division 5: Lighting standards
Article V, Division 1: Site Plan Review
ZONING DISTRICTS
For the purposes of this ordinance, the city is hereby divided into the following districts:
The city is hereby divided into the districts established in section 200 and as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance.
The official zoning map shall be identified by the following: "this is the official zoning map referred to in section 201 of the Oak Park Zoning Ordinance, as amended, adopted on June 7, 2021," along with the certification and signature of the city clerk.
If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly with the effective dates of the changes.
No changes of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change shall be considered a violation of this ordinance.
Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the city clerk shall be the final authority regarding the current zoning status of land and water areas, buildings and other structures in the city.
In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret due to changes, the city council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may also correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof.
The new official zoning map shall be certified and signed by the city clerk as follows: "This is to certify that this official zoning map, effective June 7, 2021, supersedes and replaces the previously-adopted official zoning map of the City of Oak Park." Unless the prior official zoning map has been lost or totally destroyed, the entire map or any significant portions thereof shall be preserved, together with all available records pertaining to its adoption or amendment.
The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to all structures, buildings, uses and land, except as hereinafter provided:
a.
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformance with all of the regulations herein specified for the district in which it is located.
b.
No building or other structure shall hereafter be erected or altered:
1.
To exceed the height or bulk,
2.
To accommodate or house a greater number of families,
3.
To occupy a greater percentage of lot area,
4.
To have a yard, open space, or lot area which is less than herein required; or in any other manner contrary to the provisions of this ordinance.
c.
No part of a yard, other open space, off-street parking or loading area required to comply with the provisions of this ordinance shall be included as part of the same requirements for another building unless expressly permitted.
d.
No yard or lot existing at the effective date of this ordinance shall be altered in any way except in conformance with the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements of this ordinance.
e.
Essential services shall be permitted as authorized and are exempted from the provisions of this ordinance.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
a.
Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;
b.
Boundaries indicated as approximately following lot lines shall be construed as following such lot lines;
c.
Boundaries indicated as approximately following municipal boundaries shall be construed as following such boundaries;
d.
Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks;
e.
Boundaries indicated as approximately following shorelines shall be construed as following such shorelines. In the event a shoreline changes, the boundaries shall be construed as also changing with the actual shoreline. Boundaries indicated as approximately following the centerline of streams, rivers, drains, canals and other bodies of water shall be construed as following such center lines;
f.
Boundaries indicated as parallel to or extensions of features indicated in subsections a.—e. above shall be so construed. Distances not specified on the official zoning map shall be determined by the scale of the map.
g.
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other instances not addressed by subsections a.—f. above, the zoning board of appeals shall interpret the district boundaries;
Whenever any street, alley, or other public right of way is vacated, the land which is vacated, or any portion thereof, shall be automatically classified in the same zoning district as the property to which it is attached. Should any portion of the land which is vacated border different districts, the center of such vacated land area shall be the dividing line between the districts.
a.
R-1 one-family dwelling district. The R-1 one-family dwelling district is intended to provide an environment of one-family detached dwellings and accessory uses in structures within stable residential neighborhoods.
b.
R-2 two-family dwelling district. The R-2 two-family dwelling district is intended to permit both one-family and two-family dwellings and compatible accessory uses and structures within stable residential neighborhoods.
c.
RM-1 and RM-2 multi-family residential districts. The RM-1 low-rise multi-family residential districts and the RM-2 mid-rise multi-family districts are intended to provide areas for multiple family dwellings and related uses, which will generally serve as zones of transition from lower-density residential districts to more intense use districts, while providing appropriate housing alternatives in a properly planned setting. RM-1 is intended to be for lower height multiple-family buildings and RM-2 is intended for taller buildings with greater density.
In the residential districts, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right, "CLU" are permitted with conditions subject to standards in article V, division 3, conditional land uses, and uses denoted by a "SLU" are considered special land uses and may be approved by the planning commission subject to the applicable general and specific standards in article V, division 4, special land uses. Additional applicable use standards are listed in the column at right.
Table 211.1 Residential Districts Uses
(Ord. No. O-23-728, § 1, 3-8-23; Ord. No. O-23-729, § 1, 7-17-23; Ord. No. O-25-739, § 2, 5-19-25)
All residential uses permitted by right or by special land use approval shall be required to meet all of the following requirements:
a.
The minimum floor area, per unit, for one-family and two-family dwellings shall be as follows:
b.
The minimum floor area, per unit (1), for multiple family dwellings shall be as follows:
1.
Each building designed solely for the exclusive use as senior citizen dwelling units shall have at least 50 square feet of additional floor area per dwelling unit for each unit less than 650 square feet, contained elsewhere in such senior citizen apartment building for the use by occupants exclusively for group physical therapy, recreation, hobbies, library, meeting rooms, lounge area, common dining and kitchen facilities, or similar approved accessory uses as may be approved by the planning commission as additional floor area for a senior citizen dwelling unit.
c.
Accessory uses, buildings or structures customarily incidental to the aforesaid use as hereinafter stated and/or under the conditions hereinafter specified:
1.
Private garages and other detached accessory structures or buildings subject to the limitations set forth in section 300.
d.
Garage sales. The home owner or occupant may conduct a garage sale in accordance with requirements set forth in section 22-375 of this Code.
(Ord. No. O-25-739, § 2, 5-19-25)
Building design standards are regulated by building types below that meet the intent of the district, its uses, intensity of use, and character. General architectural standards and standards by building types are regulated in article III, division 2, architectural building standards. The following building types (X) are intended to meet the intent of the residential districts and their associated permitted uses.
a. Does not apply to lots platted and of record prior to the passage of Ordinance No. 54, adopted March 3, 1952.
b. If the building is located on a corner lot, the side yard setback on the street side shall be 15 feet.
c. In RM-2 districts, any building five stories or higher, the minimum lot area per dwelling unit may be reduced by 50 square feet per unit for every story above the fourth level; however, in no case shall the minimum lot area per dwelling unit be less than 1000 square feet per dwelling unit.
(Ord. No. O-22-719, § 2, 3-7-22)
ALL RESIDENTIAL DISTRICTS
a.
No front yard space in any R-1 district shall be used for the storage or parking of vehicles or any other materials or equipment; provided vehicles which are currently licensed and in normal driving condition may be parked in a service driveway or garage.
b.
Prohibited use for open areas: No machinery, equipment, commercial vehicles, or other materials, shall be stored or parked, or permitted to stand in any open area that is clearly visible from the street, public place or adjoining residential property.
c.
The construction and maintenance of yard waste composting bins shall be permitted subject to the following specifications:
1.
The bin shall not exceed five [feet] cubed (125 cu. ft.) in volume area.
2.
The bin shall be in a container constructed of wood, wire, metal or plastic.
3.
The bin may be stationary or rotating unit.
4.
The bin shall be so located in the backyard, and shall be screened or fenced so that it is not readily visible from adjacent property, sidewalk streets.
5.
The bin shall comply with all requirements of this Code as now or hereafter amended.
6.
The bin shall not be allowed to become a nuisance or to attract rodents, or to become a health or safety hazard.
7.
Compost materials are limited to: grass clippings, vegetable and fruit peelings, coffee grounds and tea leaves, lettuce leaves, soil (or compost), and water.
d.
The total area of all impervious surfaces shall not exceed 70 percent of the lot area.
e.
In R-1 and R-2 districts, 50 percent of the front yard must be maintained as landscaped, green space. Permeable pavers or other semi-hardscape materials do not qualify as landscaped, green space.
RM-1 and RM-2 DISTRICTS
a.
In all RM-1 and RM-2 multi-family dwelling districts on the property line between such districts and R-1 and R-2 residential districts, and on the property line between any other districts, there shall be erected a brick or other decorative screening wall not less than six feet high, nor more than eight feet high, such wall to be approved as to the design and material by the planning commission. This screening provision is not required for two-family dwellings constructed within the RM-1 and RM-2 multi-family dwelling districts.
(Ord. No. O-23-728, § 1, 3-8-23; Ord. No. O-25-739, § 2, 5-19-25)
All principal uses, conditional uses, and special land uses, are subject to the following site development requirements:
Article III, Division 1: General Provisions
Article III, Division 2: Architectural Building Standards
Article IV, Division 1: Off-Street Parking and Loading Standards
Article IV, Division 2: Access Management and Driveway Standards
Article IV, Division 3: Landscape Standards and Tree Replacement
Article IV, Division 4: Signs
Article IV, Division 5: Lighting standards
Article V, Division 1: Site Plan Review
a.
B-1 neighborhood business. The B-1 neighborhood business districts are intended to meet the day-to-day convenience shopping and service needs of persons residing in nearby residential areas.
b.
B-2 general business. The B-2 general business districts are intended to accommodate more intensive businesses that cater to a larger consumer market than those typically found in neighborhood business districts. B-2 uses are generally characterized by an integrated or planned cluster of establishments served by a common parking lot.
c.
O office. The O districts are intended to accommodate uses such as offices, banks, personal services, and a limited amount of retail. The O districts can serve as a transition between residential uses and more intensive uses and transportation corridors.
d.
PTRED planned, technical, research, education development. The planned technical, research, education development districts are intended to accommodate research, technical, medical and educational activities which serve the needs of nearby regional establishments. The primary characteristic of uses allowed in this district is the pursuit of technical knowledge to serve the needs generated by those endeavors. Uses in this district shall be developed on larger parcels of land in a "campus-like" setting that creates a physical atmosphere of low-rise buildings accented with substantial landscaping.
e.
PCD planned corridor development. The planned corridor development districts are designed to provide for a variety of retail and service establishments in business areas abutting major thoroughfares and so located and planned as to provide convenient customer parking, store servicing and pedestrian traffic movement within the business district and with a minimum of conflict with traffic on abutting streets. To assure optimum site planning relationships and minimum internal and external traffic conflict, each use will be reviewed as it relates to its site and abutting sites and as it relates to the entire district and abutting districts. This type of district is further created so as to provide a zone of transition between residential districts and major thoroughfares or expressways.
f.
MX-1 mixed-use. The MX-1 mixed-use district is intended to blend two or more residential, commercial, or industrial uses in a compact area. This type of zoning is designed to accommodate mixed-use buildings that have business uses on the first floor and residential uses on the above floor(s). This arrangement will encourage pedestrian-friendly developments and specialty food and retail shops, which will in turn promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction.
g.
MX-2 city center mixed-use. The city center mixed-use district is intended to accommodate a walkable, vibrant mixed-use center. Commercial, residential, cultural, and service uses are intended to be integrated within two- to three-story buildings, typically characterized by active ground-floor retail, service, or restaurant uses and upper story residential.
In the commercial/mixed-use districts, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right, "CLU" are permitted with conditions subject to standards in article V, division 3, conditional land uses, and uses denoted by a "SLU" are considered special land uses and may be approved by the planning commission subject to the applicable general and specific standards in article V, division 4, special land uses. Additional applicable use standards are listed in the column at right.
Table 221.1 Commercial and Mixed-Use Districts Uses
(Ord. No. O-22-721, § 1, 6-20-22; Ord. No. O-23-728, § 2, 3-8-23; Ord. No. O-23-729, § 2, 7-17-23; Ord. No. O-25-739, § 3, 5-19-25)
All commercial uses permitted by right, conditional land use or by special land use approval shall be required to meet all of the following requirements:
a.
All business establishments shall be retail or service establishments dealing directly with customers.
b.
All goods produced on the premises shall be sold at retail on the premises where produced.
c.
All businesses or services shall be conducted within a completely enclosed building except where commercial outdoor seating, display, storage, service or sales is permitted as an accessory use and has been approved as part of the site plan in accordance with the standards of article V, division 1 for the respective use or as otherwise permitted.
d.
Accessory uses customarily incidental to the above permitted uses, only when conducted within a completely enclosed building.
e.
"Sidewalk sales" shall be permitted only as provided hereunder:
1.
No person, firm, corporation or merchants shall vend, sell, dispose of or display any goods, wares, merchandise, produce or vegetables on any public street or sidewalk or anywhere else outside a building without having first obtained a license from city council for that purpose, paid a license fee therefor, as hereinafter provided, and being possessed of a merchant's license issued by the city which is valid for the period of said sidewalk sale.
2.
Application for license to vend, sell, dispose of or display merchandise, goods, wares, produce or vegetables outside the building shall be made in writing to the city clerk. The application shall contain the name of the applicant, if an individual, the names of partners, if a copartnership, or the names of the principal officers, if a corporation, and shall include the location of the place or places where such merchandise, goods, wares, produce or vegetables are to be so displayed and sold.
3.
The license fee to be paid for such application shall be established by proper resolution of the city council. No license shall be valid for more than three days. No more than two such licenses shall be granted to any person, firm, corporation or merchant in a single calendar year. The license issued under this subsection shall apply only to the premises specified in the application, and it shall not be transferred or assigned nor shall any parties other than those listed in the application be allowed to conduct a sidewalk sale. No license shall be issued hereunder until approval of the application therefor by the city council and upon certification of the building inspector.
4.
A license issued under this subsection shall be granted and valid only for the display and sale of the merchandise usually sold on the premises and described in the application for the license, and no new merchandise shall be brought in to vend, sell, dispose of or display at the sidewalk sale.
5.
All merchandise offered for sale hereunder must be displayed on private property. Merchandise shall be securely and adequately placed so that it will not endanger passersby or fall or extend into the public right-of-way. Such sales shall not be operated in any manner which would cause a nuisance, or create a fire hazard or obstruct ingress and egress to premises.
6.
The director of public safety and the building inspector shall make or cause to be made sufficient inspection to ensure compliance with the provisions of this section and any other applicable provisions of the city ordinances by the personnel conducting such sales.
(Ord. No. O-25-739, § 3, 5-19-25)
All principal uses, conditional uses, and special land uses, are subject to the following site development requirements:
Article III, Division 1: General Provisions
Article III, Division 2: Architectural Building Standards
Article IV, Division 1: Off-Street Parking and Loading Standards
Article IV, Division 2: Access Management and Driveway Standards
Article IV, Division 3: Landscape Standards and Tree Replacement
Article IV, Division 4: Signs
Article IV, Division 5: Lighting standards
Article V, Division 1: Site Plan Review
Building design standards are regulated by building types that meet the intent of the district, its uses, intensity of use, and character. General architectural standards and standards by building types are regulated in article III, division 2, architectural building standards. The following building types (x) are intended to meet the intent of the commercial/mixed-use districts and their associated permitted uses.
(Ord. No. O-22-719, § 3, 3-7-22; Ord. No. O-23-728, § 2, 3-8-23)
1. MX-2 is limited to one double-loaded bay of parking in front yard.
2. The front yard area between the minimum and maximum setback in the B-1 and MX-1 districts is defined as a dooryard. The dooryard is intended as a transitional area between the public realm and private property for pedestrian-oriented amenities. It shall accommodate entrances, outdoor seating, and projections such as awnings and balconies.
3. In the MX-1 and MX-2, the Planning Commission may allow a greater height of no more than 75 feet, if it is used to support residential or mixed-use development and finds that:
a. The proposed height will not adversely impact adjacent properties or nearby residential neighborhoods.
b. The added height is necessary to support redevelopment.
c. The proposed development is designed to facilitate the objectives and strategies of the master plan.
d. The planning commission may impose any additional setbacks or site conditions or limitations as in its judgement, may be necessary to protect the character of any adjacent and nearby residential neighborhoods and/or non-residential land uses against any potential negative impact of the project.
(Ord. No. O-23-728, § 2, 3-8-23; Ord. No. O-25-739, § 3, 5-19-25)
A.
LI light industrial. The light industrial district regulations are established to provide sites for manufacturing plants, warehousing, research laboratories and similar uses. Development is limited to uses that can be carried out in an unobtrusive manner and maintain a compatibility with surrounding residential or commercial areas.
B.
IF industrial flex. The intent of the industrial flex district is to foster a mixture of live/work and maker space that complements and transitions to nearby commercial, residential, and industrial districts. Industrial flex areas are generally transitioning from industrial uses to a higher density, adaptive reuse or modern infill to accommodate an eclectic live/work mixture of uses.
In the industrial districts, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right, "CLU" are permitted with conditions subject to standards in article 5, division 3, conditional land uses, and uses denoted by a "SLU" are considered special land uses and may be approved by the planning commission subject to the applicable general and specific standards in article 5, division 4, special land uses. Additional applicable use standards are listed in the column at right.
Table 231.1 Industrial District Uses
(Ord. No. O-22-721, § 2, 6-20-22; Ord. No. O-23-728, § 3, 3-8-23; Ord. No. O-23-729, § 3, 7-17-23; Ord. No. O-25-739, § 4, 5-19-25)
All commercial uses permitted by right or by special land use approval shall be required to meet all of the following requirements:
a.
Except as otherwise provided in this article, all uses shall be conducted wholly within a completely enclosed building, except for off-street parking or loading.
b.
Outdoor storage which is clearly accessory to the permitted use, limited in scale, and incidental to the primary indoor use(s) of the site, subject to the provisions of section 557j.
c.
The storage and/or use of any volatile, flammable or other materials shall be fully identified in the site plan review application and in accordance with all city, state and federal regulations regarding toxic or hazardous materials subject to MCL 324.11121 and MCL 324.11122.
d.
Where the outdoor placement of an aboveground storage tank is necessary, the storage tank must be completely screened from public view. The screening shall consist of a masonry wall of brick, stone or poured concrete with a decorative pattern or a treated wood obscured fence. The design and material of the screening to be approved by the planning commission.
e.
No truck well, loading dock, overhead door or other type of service bay door shall face an abutting residential district. Pedestrian exits and emergency doors are permitted on such building facades.
(Ord. No. O-22-721, § 3, 6-20-22; Ord. No. O-25-739, § 4, 5-19-25)
Building design standards are regulated by building types that meet the intent of the district. General architectural standards and standards by building types are regulated in article III, division 2, architectural standards. The following building types (X) are intended to meet the intent of the industrial districts.
1. Side yard setbacks may be reduced along one interior side lot line which abuts another property or properties zoned industrial, where proper access is provided to the rear of the building for parking, loading/unloading, and emergency services, and provided the building wall complies with all requirements of the building code for proper construction and fire rating. This section permits zero lot line construction where the above conditions are demonstrated to be met through site plan review.
2. The front yard setback may be reduced to ten feet provided significant landscaping is provided in a greenbelt per section 445.
3. In the IF district, the planning commission may allow a greater height of no more than 75 feet, if it is used to support residential or mixed-use development and finds that:
a. The proposed height will not adversely impact adjacent properties or nearby residential neighborhoods.
b. The added height is necessary to support redevelopment.
c. The proposed development is designed to facilitate the objectives and strategies of the master plan.
d. The planning commission may impose any additional setbacks or site conditions or limitations as in its judgement, may be necessary to protect the character of any adjacent and nearby residential neighborhoods and/or non-residential land uses against any potential negative impact of the project.
(Ord. No. O-23-728, § 4, 3-8-23
All principal uses, conditional uses, and special land uses, are subject to the following site development requirements:
Article III, Division 1: General Provisions
Article III, Division 2: Architectural Building Standards
Article IV, Division 1: Off-Street Parking and Loading Standards
Article IV, Division 2: Access Management and Driveway Standards
Article IV, Division 3: Landscape Standards and Tree Replacement
Article IV, Division 4: Signs
Article IV, Division 5: Lighting standards
Article V, Division 1: Site Plan Review