The intent of this article is to allow for specialized philanthropic, charitable and related uses and facilities which are nonresidential in nature and which will likely serve not only the City and the immediate St. Clair Shores area but a larger, more regional area. Recognizing that these nonresidential uses may have an impact on adjoining residences and the community as a whole, special attention must be given to the size and placement of buildings, structures and parking areas as well as the screening and buffering of these sites. It is further the intent of this article to limit the number of properties in which this type of activity may occur.

(Comp. Ords. 1988, § 15.121; ord. eff. Dec. 30, 2015)

In the PD Philanthropic Districts no buildings or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified purposes. The following buildings/uses have been deemed appropriate and are permitted in the PD Philanthropic District, and do not require additional review or approval by the City, except for site plan review and approval when required for construction or expansion of any new building or facility:

1.

Specialized philanthropic, charitable and related uses and facilities which are nonresidential in nature.

2.

Building and premises tours.

3.

Public and private gatherings and events (no overnight).

4.

Public and private meetings, seminars, retreats, conferences, receptions, banquets and educational activities (no overnight).

5.

Office and administrative facilities, buildings and related parking areas.

6.

Maintenance, storage, and repair buildings or facilities (for maintenance and grounds equipment) and related parking areas.

7.

Buildings, uses, structures, facilities and related parking existing at the time this article is adopted, and any expansion of the foregoing.

8.

Retail or commercial activities, facilities or buildings such as a gift shop, restaurant and beverage sales and other sale incidental to a permitted or special use.

9.

Existing parking areas and facilities, and new parking areas and facilities when designed to serve or be accessory to another permitted or special use, building or facility, including shared use parking facilities designed to serve or be accessory to more than one permitted or special use, building or facility.

10.

Plant nursery, garden areas and facilities, and related parking areas.

11.

Stormwater management areas and facilities.

12.

Visitor center and related facilities and parking, including expansion of the existing visitor center located on adjacent land under the same ownership and within an adjacent municipality.

13.

Use of outdoor areas for cultural, social or educational purposes such as outdoor receptions, presentations, nature study or similar gatherings related to one or more permitted or special uses.

14.

Libraries, research and educational or cultural facilities, collection displays, including related classroom or auditorium facilities, and related parking areas.

15.

Any other uses deemed similar to or compatible with the above listed permitted uses or the below listed accessory uses.

There is no limit on the number of principal permitted uses and/or buildings, or accessory uses/buildings in the Philanthropic District.

(Comp. Ords. 1988, § 15.122; ord. eff. Dec. 30, 2015)

The following accessory buildings/uses shall be permitted in PD Philanthropic Districts:

1.

Nonpermanent structures without footings, such as greenhouses or other nonpermanent historical, educational or research based structures.

2.

Name plates and signs as provided in 19.150 [chapter 30], Sign, Lighting, and Display Ordinance.

3.

Automobile parking space to be provided as required in 48-177, Parking Standards.

4.

Satellite dish antenna, direct broadcast satellite service (DBS), television broadcast service (TVBS), and multi-channel multi-point distributors service (MMDS) satellite dish antenna for noncommercial use shall be permitted, subject to the standards pertaining to satellite dishes and similar receivers.

5.

Radio receiving and/or transmitting antenna towers shall be permitted as accessory uses, subject to the standards pertaining to radio receiving and/or transmitting antenna towers.

Accessory uses regulations outlined in 48-550, Accessory Buildings/Uses are not applicable to the Philanthropic District. All accessory uses/buildings will be reviewed and evaluated in the same manner as principal permitted uses.

(Comp. Ords. 1988, § 15.123; ord. eff. Dec. 30, 2015)

The following uses shall be permitted as special land uses in the PD Philanthropic District, subject to the standards and requirements set forth therein, and subject to the standards and approval requirements set forth in sections 48-560, Site Plan Approval and 48-561, Special Use Approval: None.

(Comp. Ords. 1988, § 15.124; ord. eff. Dec. 30, 2015)

The following shall require site plan approval in accordance with 48-560, Site Plan Approval:

1.

Construction of any new building and related parking or service facilities.

2.

Expansion of any existing building and related parking or service facilities by more than 20 percent.

3.

Any other new use or new structure requiring site plan approval under this chapter.

The site plan standards for ingress, egress, emergency access, vehicle and pedestrian circulation, drainage, public services, utilities, landscaping and other matters may be satisfied by such services, facilities or matters being provided on land owned by the same applicant within an adjacent municipal jurisdiction when the adjacent land has a substantially similar use or purpose.

(Comp. Ords. 1988, § 15.125; ord. eff. Dec. 30, 2015)

Area, height and placement requirements in the philanthropic district shall be as follows, subject to adjustment as noted below:

1.

Minimum lot area: ten acres.

2.

Minimum lot width: 500 feet.

3.

Maximum height:

a.

On the north side of Lake Shore Road, the maximum height shall not exceed 40 feet and/or three stories.

b.

On the south side of Lake Shore Road, the maximum height shall not exceed 30 feet and/or two stories.

The existing structures shall not be deemed nonconforming based on height.

4.

Maximum lot coverage: 25 percent.

5.

Minimum front yard: 145 feet. The existing structures shall not be deemed nonconforming based on front yard location.

6.

Minimum side yards: 30 feet. The existing structures shall not be deemed nonconforming based on side yard location. Further, depending on the type of use proposed, the City may require additional setbacks to lessen the impact of such uses, or may reduce setbacks if warranted by the use.

7.

Minimum rear yard: 30 feet. Existing structures shall not be deemed nonconforming based on rear yard location. Further, depending on the type of use proposed, the City may require additional setbacks to lessen the impact of such uses, or may reduce setbacks if warranted by the use.

8.

South of Lake Shore Road, the minimum setbacks of new buildings or parking facilities described above shall apply, except that the setback area of new buildings or parking areas on the side closest to off-site residential lots with existing homes, immediately adjacent to the Philanthropic District, shall be 60 feet.

9.

Notwithstanding the foregoing, if the proposed building, use or facility is adjacent to the boundary of another municipal jurisdiction, and the land in the adjacent municipality is owned by the same applicant and used for substantially similar purposes, then the area, placement, lot coverage, yard area and setback requirements of this article shall take into consideration and count the area, placement, lot coverage, yard area and setbacks available on the land within the adjacent municipal jurisdiction.

10.

Parking areas and private roadways shall be included in calculating the minimum yard areas and setbacks described above.

(Comp. Ords. 1988, § 15.126; ord. eff. Dec. 30, 2015)

For proposed new buildings, uses or parking areas, the Planning Commission shall review the necessity for landscape screening between the proposed building, use or parking areas and any adjoining nonlike use district or abutting public thoroughfare depending on the type of building, use or parking areas proposed, the proximity to the nonlike district or public thoroughfare as well as the presence of existing landscape and hardscape. Such review shall take into consideration landscape screening or buffering that may be available within the adjacent municipal jurisdiction when used for substantially similar purposes.

(Comp. Ords. 1988, § 15.127; ord. eff. Dec. 30, 2015)

Parking standards in the Philanthropic District shall take into consideration shared use parking facilities designed to serve or be accessory to more than one permitted or special use in the district, in order to account for multiple uses by the same visitor, uses at different times of the day, and to avoid unnecessary duplication of parking areas, decrease impervious surfaces, and facilitate consistency with the character of the uses in the district as determined by the Fire Marshal. Parking provided within an adjacent municipality shall be counted for purposes of this standard. For large-scale or outdoor events, adequate parking may also be provided either on-site or off-site, including within an adjacent municipality. If provided off-site at a distance of more than one mile, the applicant shall provide a plan for transferring of patrons to and from the event and parking areas. This plan shall be reviewed by the department of public safety as necessary. The parking area for large scale and/or outdoor events may continue to be the grass area (unimproved surface on the south side of Lake Shore Drive) presently used for such purposes at the time this article is adopted, as deemed appropriate by the City Department of Public Safety. See also 48-551, Off-Street Parking Requirements and article XIX, General Provisions for additional parking requirements.

(Comp. Ords. 1988, § 15.128; ord. eff. Dec. 30, 2015)

Notwithstanding the requirements of the principal permitted uses section, the special land uses section, and the site plan approval section of this article, the reconstruction of buildings or structures existing at the time of passage of this article or thereafter constructed with approval as required by section 48-560, Site Plan Approval or section 48-561, Special Land Use Approval, due to fire or casualty or to ensure structural integrity or to modernize facilities, shall be permissible upon a determination by the Planning Commission and City Council that the location, size, scale and architectural character of the reconstructed building or structure is comparable to that which previously existed.

(Comp. Ords. 1988, § 15.129; ord. eff. Dec. 30, 2015)

In approving a site plan or special land use within the Philanthropic District under sections 48-171, 48-172, or 48-173 of this article, the Zoning Board of Appeals may waive or modify any of the above area, height, coverage, yard, setback and placement requirements, landscape screening or parking standards, if it determines that such waiver or modification is consistent with the architectural character of the proposed construction and the overall use of the site upon which such proposed construction or use is located, and will not have an undue adverse effect on adjoining residential uses.

(Comp. Ords. 1988, § 15.130; ord. eff. Dec. 30, 2015)