The Van Dyke Mixed Use District ("VDMUD") is intended to:

   A.   Provide a comprehensive, collaborative planning, zoning and project review process through this overlay district in order to create an environment that is supportive of the development and redevelopment of mixed use developments along Van Dyke Avenue within the VDMUD, that extends generally from 14 Mile Road to 18 Mile Road.

   B.   Allow for uses, development and redevelopment of property in a manner which is transformative, flexible and allows for the enhancement and redevelopment of existing sites with dynamic uses that are integrated into a well-planned corridor that best positions the VDMUD, the adjoining area, and the city as a whole for continued, long term economic vitality and sustainability.

   C.   Provide an environment that allows for a higher intensity/density of overall site usage, fostering a critical mass of people, buildings, uses, activities, and an overall more efficient, attractive use of land while still minimizing impacts to abutting uses through careful attention to building design, use, orientation and materials paired with appropriate, abundant landscaping.

   D.   Provide safe and efficient integrated access and on-site circulation for automobiles and pedestrians through a cohesive cross connection of parking areas, sidewalks, paths, and public areas.

   E.   Allow a flexibility in the mixture and types of uses, building designs and overall layout, etc. that can be responsive to changes in market demands while still promoting quality through a variety of compatible uses, services and building types throughout the VDMUD.

   F.   Promote development that meets the goals of the City's 2030 Visioning Plan which include the development of successful, vibrant and attractive commercial centers with unique offerings, well-maintained and desirable neighborhoods, plentiful leisure and recreational opportunities, abundant pedestrian connections, aesthetically pleasing roads and greenspaces, and opportunities for emerging businesses and entrepreneurs.

(Ord. No. 278-DDD, § 1, 11-6-19)

   The VDMUD is an overlay district that is applied to those properties designated within the City of Sterling Heights Master Land Use Plan as Van Dyke Mixed Use Designation. The district encompasses properties situated along both sides of Van Dyke Avenue, generally between 14 Mile Road and 18 Mile Road. The VDMUD does not apply to properties zoned for Industrial or One-Family Residential purposes within the defined corridor. To the extent that this Section conflicts with any other section of the Zoning Ordinance, this Section will control.

(Ord. No. 278-DDD, § 1, 11-6-19; Ord. No. 278-LLL, § 1, 10-1-24)

   The city's standard review processes for site plan, special approval land use, and/or planned unit development approval shall apply to any proposed development or redevelopme nt of sites within the VDMUD, except as modified in this article.

(Ord. No. 278-DDD, § 1, 11-6-19)

   Existing uses, buildings, and structures that are not permitted or special land uses enumerated in Sections 14A.04 and 14A.05 or that otherwise do not conform to the regulations and standards provided herein that were lawful at the time of their development are considered nonconforming and subject to Article 27, Nonconforming Uses, Buildings and Structures.

   Notwithstanding any provision of Article 27 to the contrary, any structure that has been destroyed by fire, explosion, act of God, the public enemy, or criminal or tortious act not attributable to the property owner or operator to an extent of less than 100% of its replacement cost at the time of destruction may be reconstructed and used as before, except that a nonconforming use cannot be resumed unless reconstruction is completed and the use resumed within 12 months of the destruction. If the structure has been destroyed as provided herein to an extent of 100% or more of its replacement cost, or if the structure has been razed, it shall not be reconstructed except in conformity with the provisions of this code.

(Ord. No. 278-DDD, § 1, 11-6-19; Ord. No. 278-LLL, § 2, 10-1-24)

   The following uses are permitted in the VDMUD provided that a minimum of 10% of the gross square footage of each building footprint must be provided as open space on the parcel or lot. Open space consists of one or more open usable areas, the purpose of which is to provide an outdoor area designed for outdoor living and recreation. Plazas, courtyards, and other pedestrian amenities, excluding retention and detention ponds, may count toward the open space required. To count toward the requirement, the open space must be accessible and include at least two of the following amenities:

   i.   Native planting areas that are strategically created and contain elements of landscape design.

   ii.   Pedestrian scale bollards or other accent lighting.

   iii.   Special paving, such as colored/stained concrete, brick, or other paver type.

   iv.   Artwork.

   v.   Bike racks.

   vi.   Seating, such as tables and chairs or low seating walls.

   vii.   Fountains or other similar prefabricated water features.

   viii.   Playgrounds, fields, plazas, or courts.

   ix.   Green rooftops.

   x.   Rooftop terraces.

   xi.   Community gardens.

   A.   Residential dwelling units located above the ground floor of a mixed-use building, subject to the following requirements:

      1.   Residential dwelling units must not be located on the same floor as non-residential uses.

      2.   Each residential dwelling unit must have at least 1.25 dedicated parking spaces.

      3.   Residential developments with 10 or more units must provide one additional dedicated parking space for every 10 units, rounded up.

   B.   City-owned and/or operated art, open spaces, community centers, libraries, museums, administrative offices, police and fire department facilities, parks, parking lots and parking structures, and recreational facilities.

   C.   Restaurants (including carry-out restaurants and accessory banquet and event uses, but excluding fast-food, drive-in, drive-through, and in-car service) not abutting one-family residential uses.

   D.   Retail businesses selling commodities on the premises, including, but not limited to, stores selling groceries, meats, fruits and produce, dairy products, baked goods, and other specialty food products, drugs, dry goods, flowers, books, clothing, jewelry and watches, notions, furniture, and hardware, that occupy 22,000 square feet or less of gross floor area. However, for retail businesses of two or more floors, the use may occupy up to an additional 22,000 square feet of gross floor area for each floor above the ground floor. The square footage limitation does not apply to the re-use of an existing building.

   E.   Retail sales in which a workshop and/or showroom are required, including, but not limited to, new, classic, vintage, and antique automobiles that have been maintained in or restored to a condition that is substantially in conformity with manufacturer specifications and appearance; art; ceramic, stone, and glass products; lighting and electrical; furniture; jewelry and watches; interior design; photography; and upholstery, subject to the following requirements:

      1.   Retail showroom functions must be in the portion of the building with the customer entrance.

      2.   The use must be contained in an entirely enclosed building with no outside storage of any materials, products, or parts.

      3.   An accessory workshop that is customarily incidental to the above uses, excluding automotive repairs and reconditioning, that is not more than 40% of the gross floor area and not open or accessible to the public is permitted.

      4.   Accessory warehousing or indoor storage of goods that is customarily incidental to the above uses, excluding automotive parts and related materials; stone; mineral; and other slabs such as concrete, granite, marble, soapstone, quartz, and quartzite, that is not more than 20% of the gross floor area and not open or accessible to the public is permitted.

   F.   Retail mailing, postal, printing, and staffed parcel pickup services.

   G.   Personal service shops, including, but not limited to, hair salons and barber shops; body art facilities; bike-share facilities; health and wellness spas; infrared saunas; nail and tanning salons; photographic studios; cryogenic and float therapy and massage services; self-service laundries; tailors; dressmaking shops; and small repair shops (such as computer, home appliance, jewelry, watch, and wireless device).

   H.   Dry cleaning establishments or pick-up locations dealing directly with the consumer.

   I.   Medical and dental offices, excluding hospitals and out-patient medical clinics.

   J.   Uses customarily related to medical and dental offices, including pharmacies, laboratories, home health care services, and the sale of medical equipment, subject to the following requirements:

      1.   The uses are located within the same building as the principal medical or dental facility that it is intended to service.

      2.   Customer entrance to such a use is restricted to the inside of the building.

      3.   Advertising or public displays visible from a public roadway is prohibited.

      4.   Warehousing or indoor storage of goods beyond that customarily incidental to the above uses is prohibited.

   K.   Offices of an administrative, executive, or professional nature.

   L.   Veterinary offices, clinics, and groomers for non-farm animals subject to the following requirements:

      1.   The incidental boarding of animals for the limited period immediately before and after the furnishing of medical, surgical, or grooming services is permitted as an accessory use.

      2.   An adequate, enclosed method of refuse and medical waste storage and disposal is maintained so that no public nuisance is created at any time.

   M.   Financial institutions, including, but not limited to, banks; savings and loan associations; and credit unions.

   N.   Self-service parcel kiosk and locker services as an accessory use that is customarily incidental to any permitted or special land use enumerated in Sections 14A.04 and 14A.05 that is not located within 300 feet of an existing self-service parcel kiosk and locker service. Any exterior self-service parcel kiosk and locker service must be screened from view by a decorative fence, wall and/or planter.

   O.   Existing gasoline self-service stations that were lawful at the time of their development.

   P.   Car-share uses as an accessory use that is customarily incidental to any permitted or special land use enumerated in Sections 14A.04 and 14A.05 limited to eight cars.

   Q.   Mobile food units, subject to the following requirements:

      1.   Mobile food units must not operate on any property without first receiving temporary use approval from the city. Notwithstanding Section 28.14, the Office of Planning may approve a temporary use for mobile food units for up to one year with any number of one-year extensions at the discretion of the Office of Planning.

      2.   Mobile food units must be located, and the distribution of products must occur, solely on hard-surfaced pavement.

      3.   Mobile food units are prohibited from occupying and/or operating on or within any public parks, property, or right-of-way without the written permission of the City Manager or their designee.

      4.   Mobile food units are prohibited from operating within 300 feet of any city authorized event, such as the fireworks, art fairs, public festivals, farmers' market, or other similar events, without written authorization from the organization conducting or authorizing such event or occurrence.

      5.   Mobile food units must comply with all applicable local, state, and federal regulations, including obtaining any required licenses and permits from the City of Sterling Heights, Macomb County Health Department, and any other local, state, or federal agency with authority over mobile food units.

      6.   Mobile food units and any associated signage, equipment, outdoor seating, or tables must maintain a minimum 10-foot setback from all driveways; public sidewalks; utility boxes and vaults; ramps for barrier-free access; building entrances, exits, or emergency access ways; and must not locate within any area of the parcel or lot that impedes, endangers, or interferes with pedestrian or vehicular traffic.

      7.   Mobile food units must maintain a minimum 15-foot setback in all directions from any fire hydrant.

      8.   Mobile food units and any associated signage, equipment, seating, or tables must not occupy any barrier-free parking spaces or any off-street parking spaces required to fulfill the minimum amount of off-street parking required.

      9.   The hours of operation for all mobile food units are limited to 7:00 a.m. to 11:00 p.m., unless a different time is approved by the Office of Planning as part of the temporary use permit.

      10.   Mobile food units and associated signage, equipment, outdoor seating, or tables must be removed from the location when the mobile food unit is not in operation.

      11.   Mobile food units must not be located within 100 feet of the main entrance door of the nearest restaurant during the restaurant's posted hours of operation without the signed approval of the restaurant's owner, and a copy of that authorization is provided to the Office of Planning.

      12.   Mobile food units are limited to one freestanding sign per unit that is no greater than 6 square feet on any one side and a height not to exceed six feet that may only be displayed during operation of the mobile food unit. Free standing signage must not be illuminated other than by lighting built into the mobile food truck unit. Signs attached to, painted on, or otherwise positioned in or on a mobile food unit are permitted. Banners, flags, wind-blown devices, or similar items are not permitted.

      13.   Fire lanes, vehicular access ways, and pedestrian walkways must not be obstructed or encroached upon by the mobile food unit, its signage, equipment, or outdoor seating or tables.

      14.   Amplified sound is prohibited as part of the mobile food unit operation.

      15.   Flashing, blinking, and strobe lights are prohibited. Adequate illumination that provides for the safety of pedestrians and vehicles must be furnished. Such illumination must be of the size and character that does not disturb adjoining property owners or businesses.

      16.   Any mobile food unit and outdoor seating and tables must be a minimum distance of 150 feet from one-family residential zoning districts.

      17.   Trash receptacles must be provided for use by customers of the mobile food unit, and mobile food unit operators are responsible for the proper disposal of waste and trash associated with the operation. City trash receptacles are not to be used by mobile food units or mobile food unit operators for disposal of waste. Operators must remove all waste and trash prior to leaving each location. The location and all adjacent streets, sidewalks, and properties must be kept free and clear of refuse generated by the operation of the mobile food unit.

      18.   All associated equipment, including trash receptacles and signage, must be within 10 feet of the mobile food unit.

      19.   Liquid waste or grease must not be disposed of at the location where the food truck is operating or released into any sanitary sewer or storm drains, sidewalks, streets, or other public places, or into any municipal waste receptacles.

   R.   Temporary activating uses, subject to the following requirements:

      1.   "Temporary activating uses" are intended to provide a community benefit, encourage street activation, and reduce visual blight associated with vacant buildings and lots for which there is no immediate development demand on a temporary basis, including, but not limited to, pop-up architecture; cultural and community events and exhibitions; or temporary retail and service uses, such as pop-up shops, bike kitchens, markets, and restaurants. Temporary activating uses are proposed by community-based public or private organizations that improve and enhance the social or economic welfare and quality of life of the residents of Sterling Heights and provide a service to city residents.

      2.   Temporary activating uses must not operate on any property without first receiving temporary use approval from the city. Notwithstanding Section 28.14, the Office of Planning may approve a temporary use for temporary activating uses for up to six consecutive months and up to two additional six-month periods not to exceed a maximum of 18 consecutive months for the same use at the discretion of the Office of Planning.

      3.   Temporary activating uses are not permitted other than uses permitted under Sections 14A.04 and 14A.05 unless the Office of Planning determines that the uses are compatible with existing surrounding uses; will not cause substantial adverse impacts to the surrounding uses; and will provide a community benefit, activate the area, and reduce visual blight associated with vacant lots.

      4.   Temporary activating uses are subject to compliance with all Americans with Disabilities Act (ADA) requirements and all applicable laws, codes, ordinances, and regulations.

      5.   The Office of Planning is authorized to revoke or refuse to approve or renew a temporary use permit for a temporary activating use if the Office of Planning determines that there has been a violation of the terms or conditions of the approval or based upon evidence of negative impacts to the surrounding area.

      6.   Hours of operation for temporary activating uses will be as determined by the Office of Planning to protect public health, safety, and welfare.

   S.   Accessory buildings and uses that are customarily incidental to the permitted and special land uses enumerated in Sections 14A.04 and 14A.05, including EV charging stations but excluding drive-in, drive-through, and in-car service.

   T.   Essential services needed to serve the immediate vicinity, provided that appropriate screening is installed and maintained as determined by the Office of Planning.

   U.   Other similar uses as determined by the Zoning Official.

   V.   All uses not enumerated in Sections 14A.04 and 14A.05 are prohibited in the VDMUD.

   W.   Notwithstanding Sections 14A.04 and 14A.05, the following uses are prohibited in the VDMUD: adult entertainment uses other than massage services as an accessory use; auto-oriented uses, including, but not limited to, automotive service stations; automotive service centers; automotive rentals; automotive repairs and reconditioning; and automotive wash establishments; drive-through facilities; fast-food restaurants; gasoline service stations and gasoline self-service stations; tobacco shops; firearm shops; funeral homes; large appliance repairs; retail nurseries and lawn and garden supply stores; mortuaries; motels; new and used passenger vehicle dealers; pawnbrokers; self-storage facilities; and indoor self-storage facilities.

(Ord. No. 278-DDD, § 1, 11-6-19; Ord. No. 278-LLL, § 3, 10-1-24)

   The following uses may be permitted in the VDMUD subject to the general standards of Section 25.02, the specific standards imposed for each use, and provided that a minimum of 10% of the gross square footage of each building footprint must be provided as open space on the parcel or lot. Open space consists of one or more open usable areas, the purpose of which is to provide an outdoor area designed for outdoor living and recreation. Plazas, courtyards, and other pedestrian amenities, excluding retention and detention ponds, may count toward the open space required. To count toward the requirement, the open space must be accessible and include at least two of the following amenities:

   i.   Native planting areas that are strategically created and contain elements of landscape design.

   ii.   Pedestrian scale bollards or other accent lighting.

   iii.   Special paving, such as colored/stained concrete, brick, or other paver type.

   iv.   Artwork.

   v.   Bike racks.

   vi.   Seating, such as tables and chairs or low seating walls.

   vii.   Fountains or other similar prefabricated water features.

   viii.   Playgrounds, fields, plazas, or courts.

   ix.   Green rooftops.

   x.   Rooftop terraces.

   xi.   Community gardens.

   A.   Residential dwelling units on the ground floor of a multi-story building. Residential dwelling units on the ground floor of a multi-story building may be utilized as a transition between the existing and/or planned development along Van Dyke Avenue and the existing residential uses abutting the subject parcel or lot and that are located outside of the VDMUD. However, residential dwelling units must not occupy any part of the ground floor unless the Planning Commission determines that ground floor commercial and office uses are not economically viable at the location.

   B.   Hotels.

   C.   Auditoriums, cinemas, concert halls, and theaters, but excluding adult motion and mini-motion picture theaters, that occupy 22,000 square feet or less of gross floor area. However, for auditoriums, cinemas, concert halls, and theaters of two or more floors, the use may occupy up to an additional 22,000 square feet of gross floor area for each floor above the ground floor. The square footage limitation does not apply to the re-use of an existing building.

   D.   Restaurants (including carry-out restaurants and accessory banquet and event uses, but excluding fast-food, drive-in, drive-through, and in-car service) abutting one-family residential uses.

   E.   Banquet and event facilities that occupy 22,000 square feet or less of gross floor area. However, for banquet and event facilities of two or more floors, the use may occupy up to an additional 22,000 square feet of gross floor area for each floor above the ground floor. The square footage limitation does not apply to the re-use of an existing building.

   F.   Nightclubs.

   G.   Micro-breweries, micro-cideries, micro-distilleries, and micro-wineries that occupy 12,000 square feet or less of gross floor area, subject to the following requirements:

      1.   The uses must include a tasting room, tap room, or restaurant. The uses may also include retail, demonstration, education and training, or other uses customarily incidental to a brewery, distillery, cidery, or winery and open and accessible to the public.

      2.   Storage of materials used for manufacturing, processing, and distribution must be located entirely within the building.

   H.   Day care facilities, subject to the following requirements:

      1.   The use must be part of a mixed-use development on the same parcel or lot.

      2.   The use must not abut Van Dyke Avenue or any mile road except where the use is located above the ground floor of a mixed-use building.

      3.   The use must contain at least 50 square feet of land area per person attending the facility.

      4.   The use must have an outdoor play area of at least 1,200 square feet. Said play area must not be located within the front yard setback. The outdoor play area requirement may be waived if a public play area is available within 500 feet of the facility that is easily accessible by a safe walking route.

      5.   All outdoor play areas must be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet in height.

      6.   Drop-off and pick-up are provided in a manner that protects the safety of children and does not create congestion on the parcel or lot or within a public roadway.

      7.   The hours of operation do not exceed 16 hours within a 24-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. must be limited so that the drop-off and pick-up is not disruptive to neighboring uses and residents.

      8.   Appropriate licenses required by state law are maintained.

   I.   Indoor commercial recreational facilities, including, but not limited to, health and fitness clubs; tennis, pickleball, racquetball, and shuffleboard facilities; amusement device centers, that occupy 28,000 square feet or less of gross floor area. However, for indoor commercial recreational facilities of two or more floors, the use may occupy up to an additional 28,000 square feet of gross floor area for each floor above the ground floor. The square footage limitation does not apply to the re-use of an existing building.

(Ord. No. 278-DDD, § 1, 11-6-19; Ord. No. 278-LLL, § 4, 10-1-24)

   A.   Buildings shall be designed, where feasible, to be located along the front yard setback of Van Dyke, with required off-street parking to be located to the rear of the building to create a more vibrant road frontage.

   B.   Proposed buildings and the overall site shall be designed with particular attention to their arrangement, quality, and interrelationship of space and the way in which the building and overall site are designed to be useful.

   C.   Buildings and the overall site design shall have the ability to create a sense of place and have a positive effect on the immediate area.

   D.   Buildings and the overall site shall be designed and constructed with plaza/park areas to break up large sites and their parking areas, and provide amenities to the mixture of uses envisioned for this area.

   E.   The parking provided onsite should be the minimum amount of parking needed to adequately service the site and the collection of uses proposed. The collective use of shared parking shall be encouraged and cross access easements provided which are approved by the City Engineer and City Attorney.   

(Ord. No. 278-DDD, § 1, 11-6-19)

   Within the VDMUD, the total number of parking spaces provided on site may be reduced administratively by the City Planner, if the applicant can provide verifiable justification for such a reduction. Justification may be in the form of parking studies, regional/national standards, similar developments within the community/abutting communities. A parking reduction agreement shall be signed by the property owner and recorded against the affected property identifying the number of required spaces that have been reduced and acknowledging that the reduction may affect future uses of the overall site depending on the type and scope of uses proposed and the total number of spaces available.

(Ord. No. 278-DDD, § 1, 11-6-19)

   With the intensification of development anticipated within the VDMUD, additional screening may be necessary when development within the VDMUD abuts any residential development outside of the VDMUD. Screening consisting of a six foot high decorative masonry concrete wall, along with a ten foot wide greenbelt along the entire mutual property line with the abutting residential development, shall be provided. The greenbelt shall be planted with six foot high evergreen trees (spruce, pine or fir) at a rate of one tree for each ten linear feet of greenbelt. The City Planner may approve alternative means of screening when it can be shown the same level of screening will be accomplished.

(Ord. No. 278-DDD, § 1, 11-6-19)

   In an underlying zoning district with C-3 (General Business District), the height of a building may be increased above two stories and 30 feet in height only if the setbacks of the building are increased pursuant to the formula described in section 13.04(C). Within the VDMUD, the height of a building may be increased above two stories and 30 feet in height without providing increased setbacks.

(Ord. No. 278-DDD, § 1, 11-6-19)

   Within the VDMUD, there shall not be any specified maximum lot coverage percentage. Any undeveloped area of the site which is not dedicated to required parking, loading, maneuvering lanes, landscaping, greenbelts, etc. may be developed.

(Ord. No. 278-DDD, § 1, 11-6-19)

   Unless otherwise modified by this article, all required landscaping shall be installed and maintained in compliance with the standards of the Zoning Ordinance.

(Ord. No. 278-DDD, § 1, 11-6-19)