The chairpersons and membership rosters of certain advisory committees are summarized
in Table 50-2-91.
Table 50-2-91. Advisory committee structure.
| Advisory Committee | Chairperson | Members |
| Floodplain Management Review | DEA | CPC; DEA; DPW; DWSD; PDD. |
| Hazardous Waste Facility Review | DEA | BSEED; CPC; DEA; DHD/EH; DPW/TE; DWSD; Fire; PDD; WCDoE; Representative of the hazardous waste industry, either a management facility operator or waste generator; Two
representatives appointed by City Council. |
| Industrial Review | DEA | CPC; DEA; DWSD; Fire; GDRRA; DHD/EH;
DPW/SW; PDD; WCDoE. |
| Loft Review | P&DD | CPC; DEA; DHD/EH; DHD/LP; Fire; Pⅅ WCDoE |
| Solid Waste Facility Review | DPW | CPC; DEA; DHD/EH; DHD/LP; Fire; Pⅅ WCDoE; two ad hoc members. |
| Wireless Telecommunications Site Review | Mayor’s Office | BSEED; ITS; Law; PDD, DPD; PLD; DPW; DOT; DWSD; CPC. |
NOTE: BSEED = Buildings, Safety Engineering, and Environmental Department; CPC = City Planning Commission; DEA = BSEED Division of Environmental Affairs; DHD = Detroit Health Department; DOT = Department of Transportation; DPD = Detroit Police
Department; DPW = Department of Public Works (SW = Solid Waste Division, TE = Traffic Engineering Division); DWSD = Detroit Water & Sewerage Department; Fire = Fire Marshall; GDRRA = Greater Detroit Resource Recovery Authority; ITS = Information Technology Services; P&DD = Planning Department; PLD = Public Lighting Department; WCDoE = County of Wayne Department of Environment.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
(a) The Design Review Advisory Committee shall consist of one representative from each of the following:
(1) The Planning and Development Department - a staff person who is assigned to site plan review;
(2) City Planning Commission staff; and
(3) A community group, the boundaries of which include the commercial district to which a given permit application pertains.
(b) The Chairperson may include other ad hoc members as the Chairperson deems appropriate for the review of a particular application.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
[Reserved]
Codified by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
[Reserved]
Codified by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
[Reserved]
Codified by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
[Reserved]
Codified by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
[Reserved]
Codified by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
(a) After holding a public hearing on a proposed amendment of a zoning map in Article XVII of this Chapter, the City Council may act to approve the proposed amendment by ordinance, based on the
approval criteria of Section 50-3-70 of this Code.
(b) No proposed amendment may be approved except by a majority vote of the City Council or a three fourths (3/4) vote of the City Council where a valid protest petition has been filed. Protest petitions are addressed in Section 50-3-71 of this Code.
(c) When a petition for a proposed amendment of a zoning map in Article XVII of this Chapter is approved by the City Council and the notice of enactment is published, the ordinance becomes effective in accordance with MCL 125.3401(6) and Section 4-118 of the 2012 Detroit City Charter.
(d) Where a petition for a proposed amendment of a zoning map in ARTICLE XVII of this Chapter is not acted upon by the City Council within one hundred twenty (120) days of the date of receipt of the City Planning Commission’s report, it shall be deemed to have been denied, unless extended by the City Council. The City Council’s receipt of the City Planning Commission report occurs on the first day that the report appears on the City Council’s formal agenda.
(e) Where City Council denies a petition for a proposed amendment to a zoning map prior to the expiration of one hundred twenty (120) days of the date of receipt of the City Planning Commission’s report, it may do so by resolution.
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Applications for proposed developments that meet any one or more of the applicability criteria in this section shall be reviewed through the site plan review process. Developments that do not meet any of the applicability criteria in this section shall be reviewed by the Buildings, Safety Engineering, and Environmental Department through its permitting process, provided, that a site plan review is not required for the construction or alteration of an individual single- or two-family dwelling.
(1) New construction that involves any one of the following:
a. Any new development that has more than 20,000 square feet of gross floor area, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be 50,000 square feet of gross floor area
b. Projects with multiple principal structures on one zoning lot;
c. Any multiple-family residential or loft development with more 12 dwelling units;
d. Site condominium developments;
e. Projects in a 100-year floodplain; or
f. Any parking structure as defined in Section 50-16-341 of this Code.
(2) Additions and/or major structural alterations that involve any of the following:
a. Any development that has not more than 20,000 square feet of gross floor area where the addition or alteration results in a cumulative total of more than 20,000 square feet of gross floor area, considering existing floor area and proposed additions, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be 50,000 square feet of gross floor area;
b. An increase of 25 percent or more in gross square footage to an existing building that contains more than 20,000 square feet of gross floor area, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be 50,000 square feet of gross floor area; or
c. Projects in a 100-year floodplain.
(3) Any development with a lot area of more than one acre in cumulative total considering existing lot area and any proposed additional lot area, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be three acres.
(4) Substantial changes in use within any building that has more than 20,000 square feet of gross floor area or of any use with a lot area of more than one acre, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be 50,000 square feet of gross floor area and three acres. For purposes of site plan review, a substantial change in use is one that involves the establishment of a use from one of the major land use classifications that are set out in Article XII of this chapter, which are residential, public/ civic/institutional, retail/service/commercial, manufacturing/industrial, and other, where the use immediately preceding the new use was from a different major land use classification.
(5) Any conditional, regulated, or controlled land use and any case before the Board of Zoning Appeals as the body of first jurisdiction.
(6) Any use that has drive-up or drive-through facilities or a walk-up component.
(7) Projects within any PD, SD1, SD2, SD3 or SD5 District, provided, that, in the SD1, SD2, SD3 and SD5 Districts, alterations to an existing structure, that do not involve additions or major structural alterations, qualify for “expedited review” as provided for in Section 50-3-131(b) of this Code.
(8) Projects within the SD4 District that involve the following four utility uses: electric transformer station; gas regulator station; telephone exchange building; water works, reservoir, pumping station, or filtration plant.
(9) Projects seeking approval under the Alternative Residential Development Options provisions of Article XIII, Division 3, of this chapter.
(10) Urban farms and all other agricultural uses specified as a conditional use in Section 50-12-109 of this Code.
(11) Any new or newly established motor vehicle salesroom or sales lot for the sale of used vehicles.
Amended by Ord. No. 09-19 (JCC 5/14/2019, Passed 6/11/2019, Approved 6/17/2019, Published 6/27/2019, Effective 7/5/2019);
Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019);
Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The site plan shall depict or disclose the following specific information:
(1) North arrow, legend, if applicable, with graphic and written scale;
(2) Property line dimensions with ties to major thoroughfares;
(3) Declaration whether site is within, adjacent to, across an alley, across a public or private street, across a railroad right-of-way, or not within, or adjacent to, or across an alley, or across a public or private street, or across a railroad right-of-way from a City of Detroit historic district, and boundaries of any such
historic district, if applicable;
(4) General layout and dimensions of proposed physical improvements showing the following,
as applicable:
a. Location of all existing structures to remain or be removed, and location of all proposed structures;
b. Distance between buildings;
c. Front, side, and rear setbacks;
d. Building footprints with square foot area indicated
e. Detail of foundations and other elements where such elements result in encroachment into the right-of-way;
f. Location of storage area(s) for hazardous substances;
g. Location of proposed parking and parking layout with square foot area indicated, and total number of off-street parking spaces provided;
h. Streets, drives, and rights-of-way;
i. Walls, fences, or greenbelts;
j. General landscaped areas;
k. Dumpster pad location and method of screening;
l. Location of loading and servicing areas;
m. Transformer location;
n. All mechanical equipment located outside the structure, which includes, but is not limited to, condensing units, and rooftop units;
o. Pedestrian sidewalks, paths, and non-vehicle walkways;
p. Locations of all signage and all sign structures;
q. Proposed site lighting;
r. Proposed contour changes; and
s. Proposed cutting, clearing, or retention of existing vegetation.
t. Proposed limits of “earth disturbance,” with square footage indicated.
u. Areas of “impervious surface,” as defined in Section 48-2-102 of this Code, with square footage indicated and with a distinction made between existing and proposed impervious surfaces.
(5) Any proposed filling, draining, cutting, dredging, grading, clearing, or other alterations that are proposed for wetlands, which shall be in accordance with Part 301 of the Michigan Natural Resources and Environmental Protection Act (NREPA), titled Inland lakes and Streams, being MCL 324.30107 through MCL 324.30113 and with Part 303 of the Michigan Natural Resources and Environmental Protection Act (NREPA), titled Wetland Protection, being MCL 324.30307 through 324.30323;
(6) Generalized location of proposed utilities including electrical, cable, telephone, gas connections, water connections, sanitary sewer connections, and storm connections, including location and size of any retention or detention ponds, and clearly labeling all proposed and existing easements;
(7) Street and road names for all proposed rights-of-way, proposed change in rights-of-way and private roads, and submission of project name and street names to City’s Street Naming Committee for suitability;
(8) Where phased construction is proposed, clearly delineate phases and timetable, and each phase must stand on its own regarding density, parking, and landscaping; and
(9) Development summary:
a. Allowable lot coverage versus proposed lot coverage;
b. Number and dimensions of required off-street parking spaces as specified in Article XIV, Division 1 of this Chapter versus proposed off-street parking spaces.
c. Number and dimensions of required off-street loading spaces as specified in Article XIV, Division 1 of this Chapter versus proposed off-street loading spaces.
Amended by Ord. No. 09-19 (JCC 5/14/2019, Passed 6/11/2019, Approved 6/17/2019, Published 6/27/2019, Effective 7/5/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
The following attachments shall be provided in bound format:
(1) Narrative to include:
a. Overall description of the project in detail;
b. Existing and proposed use groups for existing and proposed structures;
c. Building descriptions in terms of building code construction type;
d. Copies of completed applications and/or permits for all applicable state, federal, or county agencies, including, but not limited to wetlands;
e. Anticipated volume of truck traffic and anticipated size of trucks regularly servicing the premises, for adequacy of turning radius on site; and
f. Other statements as may be specified by the reviewing body,
(2) Geotechnical study that is supplemented with Phase I Environmental Assessment, if necessary;
(3) Any baseline environmental assessment or Phase I Environmental Assessment that may have been prepared for the subject site;
(4) Traffic Impact Study, as provided for in Article XIV, Division 4 of this Chapter, if required, that analyzes safety and efficiency of access, adequacy of driveways and internal road systems, and impact on external roads;
(5) As may be required by the Planning and Development Department, documentation in advance, of compliance with the Operational Performance Standards, as provided for in Article XIV, Division 7 of this Chapter.
(6) Post-construction storm water management plan, in accordance with Chapter 48, Article III, Division 4, if required thereunder.
Amended by Ord. No. 09-19 (JCC 5/14/2019, Passed 6/11/2019, Approved 6/17/2019, Published 6/27/2019, Effective 7/5/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Within the following zoning districts, the Planning and Development Department shall have the power to review and approve preliminary and final site plans: R1, R2, R3, R4, R5, R6, B1, B2, B3, B4, B5, B6, M1, M2, M3, M4, M5, PI, TM, PR, W1, SD1, SD2, SD3 and SD4 with less than three (3) acres. The Buildings, Safety Engineering and Environmental Department is authorized to participate in the review of all site plans. The Water and Sewerage Department is authorized to participate in the review of all site plans. The Planning and Development Department shall involve other such departments as deemed necessary for proper site plan review, including, but not limited to, the Recreation Department; review of agricultural uses shall include the City Planning Commission staff, the Department of Public Works, and other departments and agencies as necessary.
Amended by Ord. No. 09-19 (JCC 5/14/2019, Passed 6/11/2019, Approved 6/17/2019, Published 6/27/2019, Effective 7/5/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Within the following zoning districts, the City Council shall have the power to review and approve site plans, after recommendation from the City Planning Commission: PD, PC, PCA, SD4 with three (3) acres, or more, and SD5. The Water and Sewerage Department is authorized to participate in the review of all site plans. The City Planning Commission shall involve other such departments, as deemed necessary, for proper site plan review including, but not limited to, the Buildings, Safety Engineering and Environmental Department and the Recreation Department; review of agricultural uses shall also include the Planning and Development Department, the Department of Public Works, and other departments and agencies as necessary. Any preliminary site plan approval by City Council shall be indicated by the adoption of a resolution, or in the case of a PD District, by the passing of an ordinance. The City Council may delegate final site plan approval to the City Planning Commission, which shall act consistent with its bylaws with regard to those matters reserved for itself and those matters delegated to its staff. Permit applications’ for “change of use” not involving alteration to the building or premises are subject to review and approval only by the City Planning Commission staff.
Amended by Ord. No. 09-19 (JCC 5/14/2019, Passed 6/11/2019, Approved 6/17/2019, Published 6/27/2019, Effective 7/5/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
The proposed development shall comply with the post-construction stormwater management requirements set forth in Chapter 48, Article II, Division 4 of this Code.
Codified by Ord. No. 09-19 (JCC 5/14/2019, Passed 6/11/2019, Approved 6/17/2019, Published 6/27/2019, Effective 7/5/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
A written report shall be forwarded by the City Planning Commission and Planning and Development Department to the City Council recommending approval or disapproval of the permit application and recommending any changes that are deemed necessary to ensure conformity with the spirit, intent, and purpose of the PC or PCA District. In each case, the City Council shall approve, disapprove, or adjust said recommendation through adoption of a resolution.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The following use types shall be considered “regulated uses” under this chapter:
(1) Brewpub, outside the Central Business District and SD2 District, microbrewery outside the Central Business District and SD2 District, and small distillery or small winery outside the Central Business District and SD2 District, that serve alcohol for consumption on the premises, except, that brewpubs, microbreweries,
small distilleries and small wineries, which operate in conjunction with and are located on the same zoning lot as a standard restaurant as defined in Section 50-16-362 of this Code, shall not be considered regulated uses;
(2) Cabaret, outside the Central Business District and SD5 District;
(3) Dance hall, public, outside the Central Business District;
(4) Establishment for the sale of beer or alcoholic liquor for consumption on the premises, outside the Central Business District and outside the SD1, SD2 and SD5 Districts; however, such establishments that operate in conjunction with and are located on the same zoning lot as a standard restaurant as defined in Section 50-16-362 of this Code shall not be considered regulated uses;
(5) Lodging house, public;
(6) Motel;
(7) Pawnshop; and
(8) Plasma donation center.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
All condominium subdivisions shall be developed in accordance with all substantive provisions of Chapter 24 of this Code, Land Division and Subdivision, even where the resulting condominium subdivision will not involve the creation of new recorded parcels of land. In addition, all condominium projects and condominium
subdivisions shall comply with the following requirements:
(1) All condominium units, including site condominiums, and related accessory structures shall comply with all the use, size, height, setback, parking and area requirements of this chapter, unless such standards are modified through the applicable approval process;
(2) The condominium subdivision shall provide for dedication of easements to the appropriate public agencies for the purposes of construction, operation, maintenance, inspection, repair, alteration, replacement and/or removal of pipelines, conduits, mains and other installations of a similar character for the purpose of providing public utility services, including conveyance of sewage, potable water and stormwater runoff across, through and under the property subject to said easement, and excavation and refilling of ditches and trenches necessary for the location of such installations;
(3) All provisions of the condominium project or condominium subdivision plan which are approved by the City shall be incorporated, as approved, in the master deed for the condominium subdivision. Any proposed changes, including expansion or conversion of a condominium project to include additional land, to the approved condominium subdivision plan shall be subject to review and approval by the City.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
(a) The purpose of this division is to establish standards and procedures for the review and approval of the City of Detroit in permitting the land use categories of medical marijuana facilities and adult-use marijuana establishments, to prevent an over concentration of like uses, and to ensure the diversification of commercial
and retail offerings along major and secondary corridors in order to:
(1) Serve and protect the health, safety and welfare of the general public through reasonable limitations on land use as it relates to traffic, noise, light, air and water quality, neighborhood and patient safety, security, and other health and safety concerns;
(2) Regulate land used in the operation of activities authorized by the Michigan Medical Marihuana Act, Initiated Law 1 of2008, MCL 333.26421, et seq. (“MMMA”), the Michigan Medical Marihuana Facilities Licensing Act, being Public Act 281 of 2016, MCL 333.27101, et seq. (“MMFLA”), and the Michigan Regulation and Taxation of Marihuana Act, being Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”);
(3) Establish land use restrictions that are fair and equitable for those interested in establishing medical marijuana facilities and adult-use marijuana establishments, while protecting adjacent properties from
potential adverse effects; and
(4) Provide reasonable regulation of land use pursuant to the City’s general zoning power granted to cities by the Michigan Constitution of 1963 and the Home Rule City Act, MCL 117.1 et seq., as amended and the Michigan Zoning Enabling Act, MCL 125.3101 et seq., as amended.
(b) Nothing in this division, or in any companion regulatory provisions adopted in any other section of this Code is intended to prohibit, nor shall it be construed as prohibiting, access to health care or medical marijuana by registered medical marijuana patients.
(c) Nothing in this division, or in any companion regulatory provisions adopted in any other provision of this Code, is intended to grant, nor shall it be construed as granting, immunity from criminal prosecution for:
(1) Cultivation, sale, consumption, use, distribution, manufacture or possession of marijuana in any form not in compliance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421, et seq. (“MMMA”), or the Michigan Medical Marihuana Facilities Licensing Act, being Public Act 281 of 2016, MCL 333.27101 et seq. (“MMFLA”), or the Michigan Regulation and Taxation of Marihuana Act, being Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”); or
(2) Any criminal prosecution under federal laws including seizure of property under the Federal Controlled Substances Act, 21 USC § 801 et seq.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
This division applies to all medical marijuana facilities and adult-use marijuana establishments, as defined in Section 50-3-533 of this Code.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
For the purposes of this division, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Adult-use marijuana establishment means a location where a licensee operates one of the following commercial entities or activities under the authority of the MRTMA: grower, processor, retailer, secure transporter, safety compliance facility, marijuana microbusiness, excess marijuana grower, marijuana event organizer, temporary marijuana event, or designated marijuana consumption establishment, or any other type of marijuana-related business licensed to operate in accordance with the MRTMA.
Co-location means a practice where more than one licensee is authorized by the State of Michigan to operate a medical marijuana facility or an adult-use marijuana establishment in one building, in accordance with the applicable rules promulgated by the State of Michigan and the license requirements of Chapter 20, Article VI, of this Code.
Cultivate means all phases of growth of marijuana from seed to harvest; or preparing, packaging or repackaging, labeling, or relabeling of any form of marijuana.
Designated marijuana consumption establishment means a location where a licensee that is licensed as a designated marijuana consumption establishment under the MRTMA, and as a designated consumption establishment under Chapter 20, Article VI, of this Code, operates a commercial entity that allows adults 21
years of age and older to consume marijuana products at a commercial location designated by the state operating license.
Drug-free zone, for the purpose of this chapter, means an area that is within 1,000 radial feet of a zoning lot of a:
(1) Child care center, as defined in Section 50-16-152 of this Code;
(2) Educational institution, as defined in Section 50-16-191 of this Code;
(3) Library, as defined in Section 50-16-283 of this Code;
(4) Outdoor recreation facility, as defined in Section 50-16-324 of this Code, other than parkways and parklots;
(5) School, as defined in Section 50-16-381 of this Code;
(6) Youth activity center as defined in Section 50-16-462 of this Code; or
(7) Public housing as defined in 42 USC § 1437a(b)(1).
Equivalent licenses means any of the following pairs of licenses held by a single licensee:
(1) A marijuana grower license, of any class, issued under MRTMA and a grower license, of any class, issued under the MMFLA;
(2) A marijuana processor license issued under the MRTMA and a processor license under the MMFLA;
(3) A marijuana retailer license issued under the MRTMA and a provisioning center license issued under the MMFLA;
(4) A secure transporter license issued under the MRTMA and a secure transporter license issued under the MMFLA; or
(5) A safety compliance facility license issued under the MRTMA and a safety compliance facility license issued under the MMFLA.
Licensee means a person holding an operating license issued by the State of Michigan and a business license issued by the City to operate a medical marijuana facility or an adult-use marijuana establishment.
Marijuana grower facility means a location where a licensee that is licensed as a marijuana grower under the MRTMA or as a grower under the MMFLA, and as a grower under Chapter 20, Article VI, of this Code, operates a commercial entity located in this state that cultivates, dries, trims, or cures and packages marijuana for sale or transfer to a medical marijuana facility or adult-use marijuana establishment.
Marijuana microbusiness means a location where a licensee that is licensed as a marijuana microbusiness under the MRTMA, and as a microbusiness under Chapter 20, Article VI, of this Code, operates a commercial entity that cultivates not more than 150 marijuana plants, or more as allowed by the State of Michigan, processes and packages marijuana, and sells or otherwise transfers marijuana to individuals who are 21 years of age or older or to a marijuana safety compliance facility, but not to other adult-use marijuana establishments or medical marijuana facilities.
Marijuana processor facility means a location where a licensee that is licensed as a marijuana processer under the MRTMA or as a processer under the MMFLA, and as a processor under Chapter 20, Article VI, of this Code, operates a commercial entity located in the State of Michigan that obtains marijuana from a medical marijuana facility or adult-use marijuana establishment and processes marijuana for sale and transfer in packaged form to a medical marijuana facility or adult-use marijuana establishment.
Marijuana retailer establishment means a location where a licensee that is licensed as a marijuana retailer under the MRTMA, and as a retailer under Chapter 20, Article VI, of this Code, operates a commercial entity that obtains marijuana from adult-use marijuana establishments and sells or transfers marijuana to individuals who are 21 years of age or older and to other adult-use marijuana establishments.
Marijuana retail/provisioning facility means a marijuana retailer establishment or a medical marijuana provisioning center facility.
Marijuana safety compliance facility means a location where a licensee that is licensed as a safety compliance facility under the MRTMA or the MMFLA, and as a safety compliance facility under Chapter 20, Article VI, of this Code, operates a commercial entity located in the State of Michigan and potency or as required by the MRTMA or the MMFLA for a primary caregiver, medical marijuana facility, or adult-use marijuana establishment.
Marijuana secure transporter facility means a location where a licensee that is licensed as a secure transporter facility under the MRTMA or the MMFLA, and as a secure transporter under Chapter 20, Article VI, of this Code, operates a commercial entity located in the State of Michigan that stores marijuana, and transports marijuana between medical marijuana facilities or adult-use marijuana establishments for a fee.
Medical marijuana means any marijuana intended for medical use that meets all requirements for medical marijuana contained in this chapter, the MMMA, MMFLA, and any other applicable law. This does not include marijuana in any form inconsistent with the definition of usable marijuana under the MMMA or MMFLA.
Medical marijuana facility means a location in the State of Michigan where a licensee operates any one of the following commercial entities under the authority of the MMFLA: grower, processor, provisioning center, secure transporter, or safety compliance facility. A non-commercial location used by a primary caregiver to
assist a qualifying patient connected to the caregiver through the State of Michigan’s formal registration process in accordance with the MMMA is not a medical marijuana facility.
Medical marijuana provisioning center facility means a location where a licensee that is licensed as a provisioning center under the MMFLA, as well as under Chapter 20, Article VI, of this Code, operates a commercial entity located in the State of Michigan that purchases marijuana from a grower or processor and
sells, supplies, or provides marijuana to qualifying patients, directly or through the registered primary caregivers of patients.
Medical marijuana provisioning center facility includes any commercial property where medical marijuana is sold at retail to qualifying patients or primary caregivers. A medical marijuana caregiver center is not a medical marijuana provisioning center facility for purposes of this chapter.
Michigan Medical Marihuana Act or “the MMMA” means Initiated Law 1 of 2008, MCL 333.26421, et seq.
Michigan Medical Marihuana Facilities Licensing Act or “the MMFLA” means Public Act 281 of 2016, MCL 333.27101, et seq.
Michigan Regulation and Taxation of Marihuana Act or “the MRTMA” means Initiated Law 1 of 2018, MCL 333.27951, et seq.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
Applications for medical marijuana caregiver centers will not be accepted after October 14, 2018, and:
(1) Medical marijuana caregiver centers that were legally established and issued a building permit or certificate of occupancy prior to October 14, 2018 are lawful nonconforming uses.
(2) A lawful nonconforming medical marijuana caregiver center may convert to a medical marijuana provisioning center facility or to a marijuana retailer establishment by submitting a change of use application, subject to any additional regulations for medical marijuana provisioning center facilities set forth in this Code,
as amended.
(3) A lawful nonconforming medical marijuana caregiver center may convert to any type of medical marijuana facility other than a medical marijuana provisioning center facility, or to any type of adult use marijuana establishment other than a marijuana retailer establishment, by submitting an application for the proposed use, subject to applicable zoning and any additional regulations for medical marijuana facilities and adult-use marijuana establishments set forth in this Code.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
(a) Medical marijuana facilities and adult-use marijuana establishments may be permitted on land zoned PD, where established as a Planned Development District, and on a conditional basis in the following zoning districts in accordance with this article, subject to the provisions of this division and any other applicable provisions of this Code, and all applicable State of Michigan requirements. Notwithstanding anything to the contrary in this Code, all of the below uses may be located in PD zoning districts, excluding solely residential PD districts, as a major modification of the plans for the subject PD zoning district, and may approved by the City Council in accordance with Section 50-3-97 after making the findings set forth in Section 50-3-281 for the
requested use.
(1) Designated marijuana consumption establishments may be permitted in the B2, B4, B5, B6, M1, M2, M3, M4, and SD2 zoning districts.
(2) Marijuana grower facilities may be permitted on a conditional basis in the M1, M2, M3, M4, and M5 zoning districts.
(3) Marijuana microbusinesses may be permitted on a conditional basis in the B2, B4, B5, B6, M1, M2, M3, M4, and SD2 zoning districts.
(4) Marijuana processor facilities may be permitted on a conditional basis in the B6, M1, M2, M3, M4, and M5 zoning districts.
(5) Marijuana retail/provisioning facilities may be permitted on a conditional basis in the B2, B4, B5, B6, M1, M2, M3, M4, and SD2 zoning districts.
(6) Marijuana safety compliance facilities may be permitted on a conditional basis in the B2, B4, B5, B6, M1, M2, M3, M4, M5 and SD2 zoning districts.
(7) Marijuana secure transporter facilities may be permitted on a conditional basis in the B5, B6, M1, M2, M3, M4, and M5 zoning districts.
(b) Marijuana retail/provisioning facility, marijuana designated consumption establishment, or a marijuana microbusiness must not be located in any of the following:
(1) Within a drug-free zone, as defined in Section 50-3-533 of this Code;
(2) Within a Gateway Radial Thoroughfare Overlay Area or Traditional Main Street Overlay Area, as provided in Article XI, Division 14, of this chapter; or
(3) On a zoning lot that is located less than:
a. 1,000 radial feet from any zoning lot occupied by any religious institution identified as exempt by the City Assessor;
b. 1,000 radial feet from any zoning lot with an unexpired conditional land use approval, building permit, or certificate of occupancy for a designated marijuana consumption establishment, marijuana retail/provisioning facility, or a marijuana microbusiness; or
c. 1,000 radial feet from any zoning lot occupied by a Controlled Use.
(c) A marijuana grower facility, marijuana processor facility, or marijuana secure transporter facility must not be located in a drug-free zone, as defined in Section 50-3-533 of this Code, or within a Traditional Main Street Overlay Area, as provided in Article XI, Division 14, of this chapter.
(d) Neither the Buildings, Safety Engineering, and Environmental Department, nor the Board of Zoning Appeals is authorized to waive or modify the locational specifications set forth in Subsections (b)(1), (b)(2), (b)(3), and (c) of this section. Applications that are not consistent with the locational specifications set forth in Subsections (b)(1), (b)(2), (b)(3), and (c) of this section, which may be confirmed by the City Engineer, shall be considered ineligible for further processing and shall be denied.
(e) If a property has previously received zoning approval for a medical marijuana facility or adult-use marijuana establishment, no further approval is required under this chapter to operate a business under an equivalent license, as defined in Section 50-3-533 of this Code, at the property, although a new business license under Chapter 20, Article VI, of this Code and state operating license are required prior to commencing operation.
(f) If the Buildings, Safety Engineering, and Environmental Department establishes that a use posing a restriction under this section has been abandoned or has ceased all operations for at least one year, it may disregard the locational specifications of Subsections (b)(1), (b)(2), (b)(3), and (c) of this section.
Codified by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
(a) An application for a medical marijuana facility or adult-use marijuana establishment must be submitted by the applicant online through the City’s application portal.
(b) Upon receipt of an application package, the Buildings, Safety Engineering, and Environmental Department shall determine whether the proposed location complies with the locational specifications set forth in Section 50-3-535 of this Code. If the proposed location does not comply with all such specifications, the Buildings, Safety Engineering, and Environmental Department shall deny the application.
(c) Upon a determination that the proposed location complies with the locational specifications set forth in Section 50-3-535 of this Code, the MMFRC, the application is subject to site plan review in accordance with Article III, Division 5, of this chapter.
(d) Upon approval of the applicant’s site plan, the application is subject to a conditional land use hearing in accordance with Article III, Division 7, of this chapter, or subject to legislative approval where the land is zoned PD in accordance with Article III, Division 4 and Article XI, Division 2, of this chapter.
(a) Medical marijuana facilities and adult-use marijuana establishments are not permitted as accessory uses and must not include accessory uses. Multiple types of medical marijuana facilities and adult-use marijuana establishments may co-locate in the same building, as separate principal uses of the premises, subject to all applicable regulations of this Code and operated in accordance with the rules promulgated by the State of Michigan. The applicant may submit a joint application for any combination of such uses, but each use requires separate approval under this Code.
(b) Any premises, building, or other structure in which a medical marijuana facility or adult-use marijuana establishment operates in violation of the standards set forth in this Code constitutes a public nuisance and is subject to civil abatement proceedings initiated by the City of Detroit in a court of competent jurisdiction, in
addition to the penalties authorized by this Chapter. Any premises, building, or other structure declared by the court to be a public nuisance must be closed and the property owner assessed the costs of abatement.
(c) Each day that a violation is permitted to exist or occur on the premises constitutes a separate occurrence or
maintenance of the violation.
Applications for a temporary use permit shall be submitted to the Director of the Buildings, Safety Engineering, and Environmental Department.
(1) The application shall include the following information:
a. Name, address, and telephone number of the applicant;
b. A written description of the temporary use activity, including location, dates of activity, hours of operation, traffic and parking management plan, waste disposal plan, and measures to minimize any negative impacts;
c. Proof of property ownership or, where the applicant is not the owner of the land, an affidavit of the property owner which approves the temporary use specifying the activity, dates of activity, and hours of operation;
d. A site plan, to scale, that illustrates property lines, existing structures, drives and parking areas, location of the temporary use, parking for the temporary use, and any other information deemed to be necessary by the Buildings, Safety Engineering, and Environmental Department;
e. Where applicable, the type of food and beverages to be served for which approval may be required by the Health Department.
(2) In addition, the City may require a performance bond to ensure proper cleanup and may require liability insurance coverage be carried; and
(3) See Figure 50-4-22.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The Board of Zoning Appeals shall be authorized to hear dimensional variance requests for matters that are beyond the scope of Buildings, Safety Engineering, and Environmental Department’s ten percent administrative adjustments (see Section 50-2-21(9) of this Code). Said dimensional variances may be granted in the following seven instances based on the approval criteria of Section 50-4-121 of this Code, except as may be limited or restricted by other provisions of this chapter:
(1) Location or amount of off-street parking. For a variance from the required location of off-street parking facilities or the amount of off-street parking facilities required, or both, where, after investigation by the Board, it is found that such modification is necessary to secure an appropriate development of a specific parcel of land, provided, that any such modification will not be inconsistent with other requirements and general purpose of this chapter; or
(2) Loading spaces. For a variance of the loading space provisions of Article XIV, Division 1, Subdivision D, of this chapter where, after investigation by the Board, it is ascertained that the volume of vehicular service will not require complete compliance with said provisions, or that variance will not cause undue interference with the public use of the streets or alleys or imperil public safety, and where the requested variance will not be inconsistent with the spirit and purpose of this chapter; or
(3) Height requirements in airport overlay zones. For a variance of the height requirements, as specified in the airport overlay zones “A,” “B,” or “AA,” after obtaining and giving due consideration to a report and favorable recommendation from the Airport Department regarding its interests in the matter under consideration, provided, that said modification variance will not be injurious to contiguous or neighboring properties, or contrary to the spirit and intent of this chapter; or
(4) General dimensional standards. For a variance of the minimum lot area, minimum lot width, minimum setbacks, maximum height (except as provided in Section 50-13-157 of this Code for the SD4 District), maximum lot coverage, recreational space ratio (RSR), maximum floor area ratio (FAR) (except as provided
in Section 50-13-157 of this Code for the SD4 District), bulk, or cubical content as specified in Article XIII of this chapter, except for antennas, and other similar structures, the dimensional variances or adjustments of which are provided for in this chapter provided:
a. That the open space needs of the potential occupants are adequately served; and
b. That said facility complies with all appropriate federal and state statutes, Wayne County Code of Ordinances, this Code and their accompanying regulations that control or regulate such use, including all applicable standards of this Zoning Ordinance chapter; or
(5) Antenna limitations. For a variance of the dimensional limitations of antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Any of the following shall be a violation of this chapter and shall be subject to the remedies and penalties that are provided for in this chapter:
(1) Development or subdivision without permit or approval. To engage in any subdividing, development, construction, remodeling, alteration, or other activity of any nature upon land that is subject to this chapter without all of the approvals which arc required by this chapter;
(2) Development, subdivision, or use inconsistent with permit or license. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate, license, or other form of authorization which is required in order to engage in such activity;
(3) Development, subdivision, or use inconsistent with conditions. To violate, by act or omission, any term, condition, or qualification that is placed by a decision making body upon any permit or other form of authorization;
(4) Violating dimensional requirements. To reduce or diminish any lot area so that the lot size, setbacks, or open spaces shall be smaller than prescribed by this chapter, or to increase the height or bulk of any building or structure in violation of the requirements of this chapter;
(5) Increasing intensity or density of use. To increase the intensity or density of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this chapter;
(6) Removing or defacing required notice. To remove, deface, obscure, or otherwise interfere with any notice that is required by this chapter;
(7) Obtaining permit or approval in a fraudulent manner. To obtain any permit, approval, certificate, license, or other form of authorization required by this chapter in a fraudulent manner; and
(8) All other violations. To establish or operate other activities, structures, or land uses that are in violation of any specific provisions, or the general purpose and intent, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
| Violation | First Offense |
Second Repeat Offense |
Third and Subsequent Repeat Offenses |
| Unlawful antenna | $200.00 | $400.00 | $1,500.00 |
| Unlawful storage upon land developed as non-residential | |||
| Inoperable vehicle | $100.00 | $200.00 | $500.00 |
| Refuse or debris | $100.00 | $200.00 | $500.00 |
| Other unlawful storage | $100.00 | $200.00 | $500.00 |
| Unlawful storage upon land developed as residential | |||
| Inoperable private passenger vehicle | $100.00 | $200.00 | $500.00 |
| Inoperable recreational equipment | $100.00 | $200.00 | $500.00 |
| Refuse or debris | $100.00 | $200.00 | $500.00 |
| Vehicle other than operable recreational equipment or operable private passenger vehicle | $100.00 | $200.00 | $500.00 |
| Other unlawful storage | $100.00 | $200.00 | $500.00 |
| Other noncompliance with land use requirements | $125.00 | $250.00 | $1,000.00 |
| Failure to comply with procedural or other requirements | $125.00 | $250.00 | $1,000.00 |
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The Buildings, and Safety Engineering, and Environmental Department shall have such other remedies as are provided for by Michigan state law for the violation of zoning, subdivision, or related provisions of this Zoning Ordinance chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
As provided for in Article XI, Division 14, of this Chapter, certain areas of the City, while classified within certain zoning districts, are geographically sub-classified
as overlay areas. Overlay areas include the following:
(1) Gateway Radial Thoroughfare Overlay Areas;
(2) Traditional Main Street Overlay Areas;
(3) Major Corridor Overlay Areas;
(4) Grand Boulevard Overlay Area;
(5) Downtown and Riverfront Overlay Areas; and
(6) Development Improvement Area.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Other by-right uses within the R1 Single-Family Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses within the R1 Single-Family Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(3) Hoophouses as provided for in Article XII. Division 3, Subdivision H, of this chapter.
(4) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(5) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Other by-right residential uses within the R2 Two-Family Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other Conditional uses within the R2 Two-Family Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(3) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(5) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other by-right uses within the R3 Low Density Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(3) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses within the R3 Low Density Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(3) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other by-right uses within the R4 Thoroughfare Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(3) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(5) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(6) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses within the R4 Thoroughfare Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
By-right retail, service, and commercial uses in the R5 Medium Density Residential District are as follows:
(1) Business college or commercial
trade school, other than truck driving
school
(2) Medical or dental clinic, physical
therapy clinic, or massage therapy clinic
(3) Parking lots or parking areas for
operable private passenger vehicles
Amended by Ord. No. 05-19 (JCC 9/25/2018, Passed 4/2/2019, Approved 4/3/2019, Published 5/31/2019, Effective 6/8/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other by-right uses in the R5 Medium Density Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(3) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(5) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(6) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Conditional retail, service, and commercial uses in the R5 Medium Density Residential District are as follows:
(1) Bed and breakfast inn
(2) Hotel
(3) Motel
(4) Parking structure
(5) Private club, lodge, or similar use, non-profit
(6) Retail sales and personal service in multiple-residential structures, as provided for in Section 50-12-312 of this Code
(7) School building adaptive reuses—retail, service, and commercial
(8) Youth hostel/hostel
(9) All of those uses specified in Section 50-11-206 of this Code where located on a zoning lot within one-half (1/2) mile of bus rapid transit, streetcar/trolley, or light rail line
a high-frequency transit corridor
(10) The following uses, occupying not more than 3,000 square feet of gross floor area and not having drive-up or drive-through facilities, where located in a building constructed prior to January 1, 2017 and located on a zoning lot not farther than one-half (1/2) mile from bus rapid transit, streetcar/trolley, or light rail line a high-frequency transit corridor, strictly limited to:
a. Animal-grooming shop
b. Art gallery
c. Automated teller machine not accessory to another use on the same zoning lot
d. Bank
e. Bake shop, retail
f. Business college or commercial trade school, other than truck driving school
g. Office, business or professional
h. Personal service establishments, as defined in Sec. 61-16-151 of this Code
i. Printing or engraving shops
j. Radio, television, or household appliance repair shop
k. Restaurants, carry-out and restaurants, fast-food and restaurants, standard as defined in Sec. 61-16- 162 of this Code, without beer or intoxicating liquor for consumption
on the premises
l. School or studio of dance, gymnastics, music, art, or cooking
m. Tattoo and/or piercing parlor
n. Veterinary clinic For small animals
Amended by Ord. No. 05-19 (JCC 9/25/2018, Passed 4/2/2019, Approved 4/3/2019, Published 5/31/2019, Effective 6/8/2019); Amended by Ord. No. 20-19 (JCC 6/18/2019, Passed 7/16/2019, Approved 7/22/2019, Published 7/30/2019, Effective 8/7/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other conditional uses in the R5 Medium Density Residential District are as follows:
(1) Antennas as provided tor in Article XII, Division 3, Subdivision G, of this chapter.
(2) Marinas.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other by-right uses within the R6 High Density Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(3) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(5) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(6) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses within the R6 High Density Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Marinas.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
By-right public, civic, and institutional uses in the B1 Restricted Business District are as follows:
(1) Adult day care center
(2) Child care center
(3) Educational institution
(4) Governmental service agency
(5) Hospital or hospice
(6) Library
(7) Museum
(8) Neighborhood center, nonprofit
(9) Outdoor recreation facility
(10) Religious institution
(11) School, elementary, middle/junior high, or high
Amended by Ord. No. 20-19 (JCC 6/18/2019, Passed 7/16/2019, Approved 7/22/2019, Published 7/30/2019, Effective 8/7/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other by-right uses in the B1 Restricted Business District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(3) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(5) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(6) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses in the B1 Restricted Business District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
By-right residential uses in the B2 Local Business and Residential District are as follows:
(1) Adult foster care facility.
(2) Assisted living facility.
(3) Boarding school and dormitory.
(4) Child caring institution.
(5) Convalescent, nursing, or rest home.
(6) Home for the aged.
(7) Loft, subject to Section 50-12-159 of this Code.
(8) Religious residential facilities.
(9) Residential use combined in structures with permitted commercial or industrial uses, subject to Section 50-12-159 of this Code.
(10) Shelter for victims of domestic violence.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
By-right public, civic, and institutional uses in the B2 Local Business and Residential District are as follows:
(1) Adult day care center
(2) Child care center
(3) Educational institution
(4) Governmental service agency
(5) Hospital or hospice
(6) Library
(7) Museum
(8) Neighborhood center, nonprofit
(9) Outdoor art exhibition grounds; sculpture gardens
(10) Outdoor recreation facility
(11) Religious institution
(12) Schools, elementary, middle/junior high, or high
Amended by Ord. No. 20-19 (JCC 6/18/2019, Passed 7/16/2019, Approved 7/22/2019, Published 7/30/2019, Effective 8/7/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
By-right retail, service, and commercial uses in the B2 Local Business and Residential District are as follows:
(1) Animal-grooming shop
(2) Art gallery
(3) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone, without
drive-up or drive-through facilities
(4) Bake shop, retail
(5) Bank without drive-up or drive-through facilities
(6) Barber or beauty shop
(7) Customer service center without drive-up or drive-through facilities
(8) Dry cleaning, laundry, or laundromat
(9) Medical or dental clinic, physical therapy clinic, or massage therapy clinic
(10) Nail salon
(11) Office, business or professional
(12) Parking lots or parking areas for operable private passenger vehicles
(13) Parking structure
(14) Pet shop
(15) Radio, television, or household appliance repair shop, except such use is not permitted on any zoning lot abutting a designated Gateway Radial Thoroughfare
(16) Recreation, indoor commercial and health club (not exceeding 10,000 square feet of gross floor area)
(17) Restaurant, carry-out, without drive-up or drive-through facilities
(18) Restaurant, standard, without drive-up or drive-through facilities and without the sale of beer or intoxicating liquor for consumption on the premises
(19) Retail sales and personal service in business and professional offices
(20) Retail sales and personal service in multiple-residential structures, as provided for in Section 50-12-312 of this Code
(21) School or studio of dance, gymnastics, music, art, or cooking
(22) Shoe repair shop
(23) Stores of a generally recognized retail nature whose primary business is the sale of new merchandise, without
drive-up or drive-through facilities
(24) Veterinary clinic for small animals
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
By-right manufacturing and industrial uses in the B2 Local Business and Residential District are as follows:
(1) Confection manufacturing, subject to Section 50-12-334 of this Code.
(2) Food catering establishment, subject to Section 50-12-336 of this Code.
(3) Low/medium impact manufacturing or processing facilities, subject to Section 50-12-361 of this Code.
(4) Jewelry manufacture, subject to Section 50-12-340 of this Code.
(5) Lithographing shop, subject to Section 50-12-342 of this Code.
(6) Low-impact manufacturing or processing facilities, subject to Section 50-12-359 of this Code.
(7) Trade services, general, subject to Section 50-12-353 of this Code.
(8) Wearing apparel manufacturing, subject to Section 50-12-360 of this Code.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Other by-right uses in the B2 Local Business and Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(3) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(5) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(6) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(7) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Conditional residential uses in the B2 Local Business and Residential District are as follows:
(1) Fraternity or sorority house.
(2) Loft, subject to Section 50-12-159 of this Code.
(3) Multiple-family dwelling.
(4) Pre-release adjustment center, except such use is not permitted on any zoning lot abutting a Gateway Radial
Thoroughfare.
(5) Residential substance abuse service facility.
(6) Residential use combined in structures with permitted commercial uses, subject to Section 50-12-159 of this Code.
(7) Rooming house.
(8) Single-family detached dwelling.
(9) Single-room-occupancy housing, nonprofit.
(10) Townhouse.
(11) Two-family dwelling.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Conditional retail, service, and commercial uses in the B2 Local Business and Residential District are as follows:
(1) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone, with drive-up or drive-through facilities.
(2) Bank with drive-up or drive-through facilities.
(3) Bed and breakfast inn.
(4) Cabaret, subject to Section 50-12-218 of this Code.
(5) Customer service center with drive-up or drive-through facilities.
(6) Establishment for the sale of beer or alcoholic liquor for consumption on the premises, subject to Section 50-12-220 of this Code.
(7) Financial services center.
(8) Food stamp distribution center.
(9) Hotel.
(10) Mortuary or funeral home, including those containing a crematory.
(11) Motel.
(12) Plasma donation center, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare.
(13) Printing or engraving shops with building size not exceeding 6,000 square feet.
(14) Private club, lodge, or similar use.
(15) Radio or television station.
(16) Recording studio or photo studio or video studio, no assembly hall.
(17) Restaurant, fast-food without drive-up or drive-through facilities.
(18) Restaurant, standard, with the sale of beer or alcoholic liquor for consumption on the premises and without drive-up or drive-through facilities, as provided
for in Sec. 50-12 311.
(19) Specially designated distributor’s (SDD) or specially designated merchant’s (SDM) establishment.
(20) Youth hostel/hostel.
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019);
Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Conditional manufacturing and industrial uses in the B2 Local Business and Residential District are as follows:
(1) Blueprinting shop.
(2) Confection manufacture, subject to Section 50-12-334 of this Code.
(3) Dental products, surgical, or optical goods manufacture with building size not exceeding 4,000 square feet, of gross floor area.
(4) Food catering establishment, subject to Section 50-12-336 of this Code.
(5) Lithographing, subject to Section 50-12-342 of this Code.
(6) Trade services, general, subject to Section 50-12-353 of this Code.
(7) High/medium-impact manufacturing or processing, subject to Section 50-12-362 of this Code.
(8) Machine shop, subject to Section 50-12-363 of this Code.
(9) Welding shop, subject to Section 50-12-364 of this Code.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Other conditional uses in the B2 Local Business and Residential District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Designated marijuana consumption establishment.
(3) Marijuana microbusiness.
(4) Marijuana retail/provisioning facility.
(5) Marijuana safety compliance facility as provided for in Article III, Division 12, of this chapter.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
By-right residential uses in the B3 Shopping District are as follows:
(1) Residential use combined in structures with permitted commercial or industrial uses, subject to Section 50-12-159 of this Code.
(2) Loft, subject to Section 50-12-159
of this Code.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
By-right manufacturing and industrial uses in the B3 Shopping District are as follows:
(1) Confection manufacturing, subject to Section 50-12-334 of this Code.
(2) Food catering establishment, subject to Section 50-12-336 of this Code.
(3) Low/medium impact manufacturing or processing facilities, subject to Section 50-12-361 of this Code.
(4) Low-impact manufacturing or processing facilities, subject to Section 50-12-359 of this Code.
(5) Jewelry manufacture, subject to Section 50-12-340 of this Code.
(6) Lithographing shop, subject to Section 50-12-342 of this Code.
(7) Wearing apparel manufacturing, subject to Section 50-12-360 of this Code.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Other by-right uses in the B3 Shopping District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(3) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(5) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(6) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Conditional residential uses in the B3 Shopping District are as follows:
(1) Loft, subject to Section 50-12-159 of this Code.
(2) Religious residential facilities.
(3) Residential use combined in structures with permitted commercial uses, subject to Section 50-12-159 of this Code.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Conditional retail, service, and commercial uses in the B3 Shopping District are as follows:
(1) Arcade.
(2) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone, with drive-up or drive-through facilities.
(3) Bank with drive-up or drive-through facilities.
(4) Business college or commercial trade school.
(5) Brewpub or microbrewery or small distillery or small winery, subject to Section 50-12-217 of this Code.
(6) Cabaret.
(7) Customer service center with drive-up or drive-through facilities.
(8) Dance hall, public.
(9) Establishment for the sale of beer or alcoholic liquor for consumption on the premises.
(10) Financial services center.
(11) Firearms dealership.
(12) Firearms target practice range, indoor.
(13) Food stamp distribution center.
(14) Hotel.
(15) Mortuary or funeral home, including those containing a crematory.
(16) Motel.
(17) Motor vehicle filling station.
(18) Motor vehicles, new or used, salesroom or sales lot.
(19) Plasma donation center.
(20) Pool hall.
(21) Private club, lodge, or similar use.
(22) Restaurant, carry-out with drive-up or drive-through facilities.
(23) Restaurant, fast-food with or without drive-up or drive-through facilities.
(24) Restaurant, standard with drive-up or drive-through facilities.
(25) Specially designated distributor’s (SDD) or specially designated merchant’s (SDM) establishment.
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Other conditional uses in the B3 Shopping District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Railroad rights-of-way, not including
storage tracks, yards, or buildings.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
By-right residential uses in the B4 General Business District are as follows:
(1) Assisted living facility.
(2) Boarding school and dormitory.
(3) Child caring institution.
(4) Convalescent, nursing, or rest home.
(5) Lofts, subject to Section 50-12-159 of this Code.
(6) Religious residential facilities.
(7) Residential use combined in structures with permitted commercial or industrial uses, subject to Section 50-12-159 of this Code.
(8) Shelter for victims of domestic violence.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
By-right manufacturing and industrial uses in the B4 General Business District are as follows:
(1) Blueprinting shop.
(2) Trade services, general.
(3) Confection manufacturing, subject to Section 50-12-334 of this Code.
(4) Food catering, subject to Section 50-12-336 of this Code.
(5) Low/medium impact manufacturing or processing facilities, subject to Section 50-12-361 of this Code.
(6) Low-impact manufacturing or processing facilities, subject to Section 50-12-359 of this Code.
(7) Jewelry manufacture, subject to Section 50-12-340 of this Code.
(8) Lithographing, subject to Section 50-12-342 of this Code.
(9) Wearing apparel manufacturing, subject to Section 50-12-360 of this Code.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Other by-right uses in the B4 General Business District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(3) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(5) Marinas
(6) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(7) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(8) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Conditional residential uses in the B4 General Business District are as follows:
(1) Emergency shelter, except such use shall not be permitted on any zoning lot abutting a designated Gateway Radial Thoroughfare.
(2) Fraternity or sorority house.
(3) Loft, subject to Section 50-12-159 of this Code.
(4) Multiple-family dwelling.
(5) Pre-release adjustment center, except such use shall not be permitted on any zoning lot abutting a designated
Gateway Radial Thoroughfare.
(6) Residential substance abuse service facility.
(7) Residential use combined in structures with permitted commercial uses, subject to Section 50-12-159 of this Code.
(8) Rooming house.
(9) Single-family detached dwelling.
(10) Single-room-occupancy housing, non-profit.
(11) Townhouse.
(12) Two-family dwelling.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Conditional retail, service, and commercial uses in the B4 General Business District are as follows:
(1) Amusement park
(2) Arcade
(3) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone, with drive-up or drive-through facilities
(4) Bank with drive-up or drive-through facilities
(5) Banquet hall
(6) Bed and breakfast inn
(7) Brewpub or microbrewery or small distillery or small winery, outside the Central Business District
(8) Cabaret, outside the Central Business District
(9) Customer service center with drive-up or drive-through facilities
(10) Dance hall, public, outside the Central Business District
(11) Employee recruitment center
(12) Establishment for the sale of beer or intoxicating liquor for consumption on the premises, outside the Central Business District
(13) Financial services center
(14) Firearms dealership
(15) Firearms target practice range, indoor
(16) Food stamp distribution center
(17) Go-cart track, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare
(18) Golf course, miniature
(19) Hotel, outside the Central Business District
(20) Kennel, commercial
(21) Lodging house, public
(22) Motel
(23) Motor vehicle filling station
(24) Motor vehicles, used, salesroom or sales lot, except such use shall not be is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare
(25) Motor vehicles, used, storage lot accessory to a salesroom or sales lot for used motor vehicles, except such use is not permitted on any zoning lot abutting a designated Gateway Radial Thoroughfare
(26) Motor vehicle services, major, except such use is not permitted on any zoning lot abutting a Gateway Radial
Thoroughfare
(27) Motor vehicle services, minor
(28) Motor vehicle washing and steam cleaning, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare
(29) Motorcycles, retail sales, rental or service
(30) Outdoor commercial recreation, not otherwise specified
(31) Parking lots or parking areas for operable private passenger vehicles, as restricted by Section 50-12-299(9)(e) of this Code
(32) Pawnshop, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare
(33) Plasma donation center, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare
(34) Pool or billiard hall
(35) Printing or engraving shops
(36) Rebound tumbling center, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare
(37) Rental hall
(38) Restaurant, carry-out, with drive-up or drive-through facilities, except such use is not permitted on any zoning lot abutting the Woodward Avenue Gateway Radial Thoroughfare
(39) Restaurant, fast-food, with drive-up or drive-through facilities, except such use is not permitted on any zoning lot abutting the Woodward Avenue Gateway Radial Thoroughfare
(40) Restaurant, fast-food, without drive-up or drive-through facilities, where not located in a multi-story building and integrated into a mixed-use or multi-tenant development.
(41) Restaurant, standard, with drive-up or drive-through facilities, except such use is not permitted on any zoning lot abutting the Woodward Avenue Gateway Radial Thoroughfare
(42) Restaurant, standard, without drive-up or drive-through facilities, as provided in Sec. 50-12-299(6), except such use is not permitted on any zoning lot abutting the Woodward Avenue Gateway Radial Thoroughfare
(43) Secondhand stores and secondhand jewelry stores, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare
(44) Specially designated distributor’s (SDD) or specially designated merchant’s (SDM) establishment
(45) Tattoo and/or piercing parlor,
(46) Taxicab dispatch and/or storage, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare
(47) Theater and concert café, excluding drive-in theaters
(48) Trailer coaches or boat sale or rental, open air display, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare
(49) Trailers, utility — sales, rental or service; moving truck/trailer rental lots
(50) Youth hostel/hostel
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Conditional manufacturing uses in the B4 General Business District are as follows:
(1) Confection manufacture, subject to Section 50-12-334 of this Code.
(2) Dental products, surgical, or optical goods manufacture.
(3) Food catering establishment, subject to Section 50-12-336 of this Code.
(4) High/medium-impact manufacturing or processing, subject to Section 50-12-362 of this Code.
(5) Ice manufacture, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare
(6) Jewelry manufacture, subject to Section 50-12-340 of this Code.
(7) Lithographing, subject to Section 50-12-342 of this Code.
(8) Machine shop, subject to Section 50-12-363 of this Code.
(9) Research or testing laboratory.
(10) Toiletries or cosmetic manufacturing, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare.
(11) Tool, die, and gauge manufacturing, small items, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare.
(12) Vending machine commissary, except such use is not permitted on any zoning lot abutting a Gateway Radial
Thoroughfare.
(13) Wearing apparel manufacturing, subject to Section 50-12-360 of this Code.
(14) Welding shops, subject to Section 50-12-364 of this Code.
(15) Wholesaling, warehousing, storage buildings, or public storage facilities, except such use is not permitted on any zoning lot abutting a Gateway Radial Thoroughfare, except the Gratiot Avenue Gateway Radial Thoroughfare.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020)
Other conditional uses in the B4 General Business District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Aquaculture as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(3) Aquaponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Designated marijuana consumption establishment.
(5) Hydroponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(6) Marijuana microbusiness.
(7) Marijuana retail/provisioning facility.
(8) Marijuana safety compliance facility as provided for in Article III, Division 12, of this chapter.
(9) Telecommunications building, private.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
By-right retail, service, and commercial uses within the B5 Major Business District are as follows:
(1) Animal-grooming shop
(2) Art gallery
(3) Assembly hall
(4) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone, without drive-up or drive-through facilities
(5) Bake shop, retail
(6) Bank without drive-up or drive-through facilities
(7) Banquet hall
(8) Barber or beauty shop
(9) Brewpub or microbrewery or small distillery or small winery, inside the Central Business District
(10) Business college or commercial trade school
(11) Cabaret, inside the Central Business District
(12) Commissary
(13) Customer service center without drive-up or drive-through facilities
(14) Dance hall, public, inside the Central Business District
(15) Dry cleaning, laundry, or laundromat
(16) Employee recruitment center
(17) Establishment for the sale of beer or intoxicating liquor for consumption on the premises, inside the Central Business District
(18) Financial services center without drive-up or drive-through facilities
(19) Food stamp distribution center without drive-up or drive-through facilities
(20) Hotel, inside the Central Business District
(21) Medical or dental clinic, physical therapy clinic, or massage therapy clinic
(22) Mortuary or funeral home, including those containing a crematory
(23) Motor vehicles, new, salesroom or sales lot
(24) Motor vehicles, new, storage lot accessory to a salesroom or sales lot for new motor vehicles
(25) Nail salon
(26) Office, business or professional
(27) Parking lots or parking areas for operable private passenger vehicles
(28) Parking structure having ground floor commercial space or other space oriented to pedestrian traffic
(29) Pet shop
(30) Pool or billiard hall
(31) Printing or engraving shops
(32) Private club, lodge, or similar use
(33) Radio or television station
(34) Radio, television, or household appliance repair shop
(35) Recording studio or photo studio or video studio, no assembly hall
(36) Recreation, indoor commercial and health club
(37) Rental hall
(38) Restaurant, carry-out and fast food as provided for in Section 50-12-310(8) of this Code
(39) Restaurant, standard without drive-up or drive-through facilities
(40) Retail sales and personal service in business and professional offices
(41) Retail sales and personal service in multiple-residential structures, as provided for in Sec. 61-12-231 of this Code
(42) School or studio of dance, gymnastics, music, art, or cooking
(43) Shoe repair shop
(44) Stores of a generally recognized retail nature whose primary business is the sale of new merchandise without
drive-up or drive-through facilities
(45) Tattoo and/or piercing parlor
(46) Theater and concert café, excluding drive-in theaters
(47) Veterinary clinic for small animals
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other by-right uses within the B5 Major Business District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Passenger transportation terminal.
(3) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(4) Telecommunications building, private.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses in the B5 Major Business District are as follows:
(1) Aquaculture as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(2) Aquaponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(3) Designated marijuana consumption establishment
(4) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(5) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(6) Heliports.
(7) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(8) Hydroponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(9) Marijuana microbusiness.
(10) Marijuana retail/provisioning establishment.
(11) Marijuana safety compliance facility as provided for in Article III, Division 12, of this chapter.
(12) Marijuana secure transporter facility as provided for in Article III, Division 12, of this chapter.
(13) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(14) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
By-right retail, service, and commercial uses within the B6 General Services District are as follows:
(1) Assembly hall
(2) Art gallery
(3) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone
(4) Bake shop, retail
(5) Bank
(6) Banquet hall
(7) Barber or beauty shop
(8) Brewpub or microbrewery or small distillery or small winery, inside the Central Business District
(9) Business college or commercial trade school
(10) Cabaret, inside the Central Business District
(11) Commissary
(12) Customer service center
(13) Dance hall, public, inside the Central Business District
(14) Dry cleaning, laundry, or laundromat
(15) Employee recruitment center
(16) Establishment for the sale of beer or intoxicating liquor for consumption on the premises, inside the Central Business District
(17) Financial services center
(18) Food stamp distribution center
(19) Hotel, inside the Central Business District
(20) Kennel, commercial
(21) Medical or dental clinic, physical therapy clinic, or massage therapy clinic
(22) Mortuary or funeral home, including those containing a crematory
(23) Motor vehicle filling station as provided for in Section 50-12-252(2) of this Code
(24) Motor vehicle services, minor
(25) Motor vehicle washing and steam cleaning
(26) Motor vehicles, new or used, salesroom or sales lots
(27) Motor vehicles, new, storage lot accessory to a salesroom or sales lot for new motor vehicle
(28) Nail salon
(29) Office, business or professional
(30) Parking lots or parking areas for operable private passenger vehicles
(31) Parking structure
(32) Pet shop
(33) Pool or billiard hall
(34) Private club, lodge, or similar use
(35) Produce or food markets, wholesale
(36) Radio or television station
(37) Radio, television, or household appliance repair shop
(38) Recording studio or photo studio or video studio, no assembly hall
(39) Recreation, indoor commercial and health club
(40) Rental hall
(41) Restaurant, carry-out or fast-food with or without drive-up or drive-through facilities
(42) Restaurant, standard
(43) Retail sales and personal service in business and professional offices
(44) Shoe repair shop
(45) Storage or killing of poultry or small game for direct, retail sale on the premises or for wholesale trade
(46) Stores of a generally recognized retail nature whose primary business is the sale of new merchandise with or without drive-up or drive-through facilities
(47) Tattoo and/or piercing parlor
(48) Taxicab dispatch and/or storage facility
(49) Trailer coaches or boat sale or rental, open air display
(50) Trailers, utility sales, rental or service;
moving truck/trailer rental lots
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other by-right residential uses within the B6 General Services District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Aquaculture as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(3) Aquaponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(5) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(6) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(7) Hydroponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(8) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(9) Telecommunications buildings, private.
(10) Tunnel or bridge plazas and terminals, vehicular.
(11) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(12) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses in the B6 General Services Business District are as follows:
(1) Ferry terminal.
(2) Designated marijuana consumption establishment.
(3) Heliports.
(4) Marijuana microbusiness.
(5) Marijuana processor facility as provided for in Article III, Division 12, of this chapter.
(6) Marijuana retail/provisioning facility.
(7) Marijuana safety compliance facility as provided for in Article III, Division 12, of this chapter.
(8) Marijuana secure transporter facility as provided for in Article III, Division 12, of this chapter.
(9) Passenger transportation terminal.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
By-right residential uses within the M1 Limited Industrial District are as follows:
(1) Animal-grooming shop
(2) Arcade
(3) Art gallery
(4) Assembly hall
(5) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone
(6) Bake shop, retail
(7) Bank without drive-up or drive-through facilities
(8) Banquet hall
(9) Barber or beauty shop
(10) Brewpub or microbrewery or small distillery or small winery, subject to Section 50-12-217(4) of this Code
(11) Business college or commercial trade school
(12) Commissary
(13) Customer service center
(14) Dry cleaning, laundry, or laundromat
(15) Employee recruitment center
(16) Financial services center without drive-up or drive-through facilities
(17) Food stamp distribution center
(18) Go-cart track
(19) Golf course, miniature
(20) Kennel, commercial
(21) Medical or dental clinic, physical therapy clinic, or massage therapy clinic
(22) Mortuary or funeral home, including those containing a crematory
(23) Motor vehicle filling station as provided for in Section 50-12-252(2) of this Code
(24) Motor vehicle services, minor
(25) Motor vehicle washing and steam cleaning
(26) Motor vehicles, new or used, salesroom or sales lot
(27) Motor vehicles, new, storage lot accessory to a salesroom or sales lot for new motor vehicles
(28) Nail salon
(29) Office, business or professional
(30) Parking lots or parking areas for operable private passenger vehicles
(31) Parking structure
(32) Pet shop
(33) Pool or billiard hall
(34) Printing or engraving shops
(35) Private club, lodge, or similar use
(36) Produce or food markets, wholesale
(37) Radio or television station
(38) Radio, television, or household appliance repair shop
(39) Rebound tumbling center
(40) Recording studio or photo studio or video studio, no assembly hall
(41) Recreation, indoor commercial and health club
(42) Rental hall
(43) Restaurant, standard
(44) Retail sales and personal service in business and professional offices
(45) School or studio of dance, gymnastics, music, art, or cooking
(46) Secondhand stores and secondhand jewelry stores
(47) Shoe repair shop
(48) Stores of a generally recognized retail nature whose primary business is the sale of new merchandise, with or without drive-up or drive-through facilities
(49) Tattoo and/or piercing parlor
(50) Taxicab dispatch and/or storage facility
(51) Theater and concert café, excluding drive-in theaters
(52) Trailer coaches or boat sale or rental, open air display
(53) Trailers, utility — sales, rental or service; moving truck/trailer rental lots
(54) Veterinary clinic for small animals
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
By-right residential uses within the M1 Limited Industrial District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Aquaculture as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(3) Aquaponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(5) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(6) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(7) Hydroponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(8) Passenger transportation terminals.
(9) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(10) Telecommunications buildings, private.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses in the M1 Limited Industrial District are as follows:
(1) Aircraft landing areas for winged aircraft.
(2) Ferry terminal.
(3) Designated marijuana consumption establishment.
(4) Marijuana grower facility as provided for in Article III, Division 12, of this chapter.
(5) Marijuana microbusiness.
(6) Marijuana processor facility as provided for in Article III, Division 12, of this chapter.
(7) Marijuana retail/provisioning facility.
(8) Marijuana safety compliance facility as provided for in Article III, Division 12, of this chapter.
(9) Marijuana secure transporter facility as provided for in Article III, Division 12, of this chapter.
(10) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(11) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
By-right retail, service and commercial uses within the M2 Restricted Industrial District are as follows:
(1) Animal-grooming shop
(2) Arcade
(3) Art gallery
(4) Assembly hall
(5) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone
(6) Bake shop, retail
(7) Bank
(8) Banquet hall
(9) Barber or beauty shop
(10) Brewpub or microbrewery or small distillery or small winery, subject to Sec. 50-12-217(4) of this Code
(11) Business college or commercial trade school
(12) Commissary
(13) Customer service center
(14) Dry cleaning, laundry, or laundromat
(15) Employee recruitment center
(16) Financial services center
(17) Food stamp distribution center
(18) Go-cart track
(19) Golf course, miniature
(20) Kennel, commercial
(21) Medical or dental clinic, physical therapy clinic, or massage therapy clinic
(22) Mortuary or funeral home, including those containing a crematory
(23) Motor vehicle filling station as provided for in Section 50-12-252(2) of this Code
(24) Motor vehicle services, minor
(25) Motor vehicle washing and steam cleaning
(26) Motor vehicles, new or used, salesroom or sales lot
(27) Motor vehicles, new, storage lot accessory to a salesroom or sales lot for new motor vehicles
(28) Motorcycles, retail sales, rental or service
(29) Nail salon
(30) Office, business or professional
(31) Parking lots or parking areas for operable private passenger vehicles
(32) Parking structure
(33) Pet shop
(34) Pool or billiard hall
(35) Printing or engraving shops
(36) Private club, lodge, or similar use
(37) Produce or food markets, wholesale
(38) Radio or television station
(39) Radio, television, or household appliance repair shop
(40) Rebound tumbling center
(41) Recording studio or photo studio or video studio, no assembly hall
(42) Recreation, indoor commercial and health club
(43) Rental hall or banquet hall
(44) Restaurant, carry-out or fast-food with or without drive-up or drive-through facilities
(45) Restaurant, standard
(46) Retail sales and personal service in business and professional offices
(47) School or studio dance, gymnastics, music, art, or cooking
(48) Secondhand stores and secondhand jewelry stores
(49) Shoe repair shop
(50) Stores of a generally recognized retail nature whose primary business is the sale of new merchandise, with or without drive-up or drive-through facilities
(51) Tattoo and/or piercing parlor
(52) Taxicab dispatch and/or storage facility
(53) Theater and concert café, excluding drive-in theaters
(54) Trailer coaches or boat sale or rental, open air display
(55) Trailers, utility — sales, rental or service; moving truck/trailer rental lots
(56) Veterinary clinic for small animals
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
By-right residential uses within the M2 Restricted Industrial District are as follows:
(1) Aircraft landing areas for winged aircraft.
(2) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(3) Aquaculture as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Aquaponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(5) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(6) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(7) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(8) Hydroponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(9) Passenger transportation terminals.
(10) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(11) Telecommunications buildings, private.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Conditional other uses in the M2 Restricted Industrial District are as follows:
(1) Ferry terminals.
(2) Heliports.
(3) Designated marijuana consumption establishment.
(4) Marijuana grower facility as provided for in Article III, Division 12, of this chapter.
(5) Marijuana microbusiness.
(6) Marijuana processor facility as provided for in Article III, Division 12, of this chapter.
(7) Marijuana retail/provisioning facility.
(8) Marijuana safety compliance facility as provided for in Article III, Division 12, of this chapter.
(9) Marijuana secure transporter facility as provided for in Article III, Division 12, of this chapter.
(10) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(11) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
By-right retail, service, and commercial uses within the M3 General Industrial District are as follows:
(1) Animal-grooming shop
(2) Arcade
(3) Art gallery
(4) Assembly hall
(5) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone
(6) Bake shop, retail
(7) Bank
(8) Banquet hall
(9) Barber or beauty shop
(10) Brewpub or microbrewery or small distillery or small winery, subject to Section 50-12-217(4) of this Code
(11) Business college or commercial trade school
(12) Commissary
(13) Customer service center
(14) Dry cleaning, laundry, or laundromat
(15) Employee recruitment center
(16) Financial services center
(17) Food stamp distribution center
(18) Go-cart track
(19) Golf course, miniature
(20) Kennel, commercial
(21) Medical or dental clinic, physical therapy clinic, or massage therapy clinic
(22) Mortuary or funeral home, including those containing a crematory
(23) Motor vehicle filling station as provided for in Section 50-12-252(2) of this Code
(24) Motor vehicle services, minor
(25) Motor vehicle washing and steam cleaning
(26) Motor vehicles, new or used, salesroom or sales lot
(27) Motor vehicles, new, storage lot accessory to a salesroom or sales lot for new motor vehicles
(28) Motorcycles, retail sales, rental or service
(29) Nail salon
(30) Office, business or professional
(31) Parking lots or parking areas for operable private passenger vehicles
(32) Parking structure
(33) Pet shop
(34) Pool or billiard hall
(35) Printing or engraving shops
(36) Private club, lodge, or similar use
(37) Produce or food markets, wholesale
(38) Radio or television station
(39) Radio, television, or household appliance repair shop
(40) Rebound tumbling center
(41) Recording studio or photo studio or video studio, no assembly hall
(42) Recreation, indoor commercial and health club
(43) Rental hall or banquet hall
(44) Restaurant, carry-out or fast-food with or without drive-up or drive-through facilities
(45) Restaurant, standard
(46) Retail sales and personal service in business and professional offices
(47) School or studio of dance, gymnastics, music, art, or cooking
(48) Secondhand stores and secondhand jewelry stores
(49) Shoe repair shop
(50) Stores of a generally recognized retail nature whose primary business is the sale of new merchandise, with or without drive-up or drive-through facilities
(51) Tattoo and/or piercing parlor
(52) Taxicab dispatch and/or storage facility
(53) Theater and concert café, excluding drive-in theaters
(54) Trailer coaches or boat sale or rental, open air display
(55) Trailers, utility sales, rental or service; moving truck/trailer rental lots
(56) Veterinary clinic for small animals
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other by-right uses within the M3 General Industrial District are as follows:
(1) Aircraft landing areas for winged aircraft.
(2) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(3) Aquaculture as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Aquaponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(5) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(6) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(7) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(8) Hydroponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(9) Marinas.
(10) Passenger transportation terminals.
(11) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(12) Telecommunications buildings, private.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses in the M3 General Industrial District are as follows:
(1) Boat or ship yards: construction, repair, maintenance, dry dock.
(2) Designated marijuana consumption establishment.
(3) Docks, waterway shipping/freighters.
(4) Ferry terminals.
(5) Heliports.
(6) Marijuana grower facility as provided for in Article III, Division 12, of this chapter.
(7) Marijuana microbusiness.
(8) Marijuana processor facility as provided for in Article III, Division 12, of this chapter.
(9) Marijuana retail/provisioning facility.
(10) Marijuana safety compliance facility as provided for in Article III, Division 12, of this chapter.
(11) Marijuana secure transporter facility as provided for in Article III, Division 12, of this chapter.
(12) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(13) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
By-right retail, service, and commercial uses within the M4 Intensive Industrial District are as follows:
(1) Animal-grooming shop
(2) Arcade
(3) Art gallery
(4) Assembly hall
(5) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone
(6) Bake shop, retail
(7) Bank
(8) Banquet hall
(9) Barber or beauty shop
(10) Brewpub or microbrewery or small distillery or small winery, subject to Sec. 61-12-158(4)
(11) Business college or commercial trade school
(12) Commissary
(13) Customer service center
(14) Dry cleaning, laundry, or laundromat
(15) Employee recruitment center
(16) Financial services center
(17) Food stamp distribution center
(18) Go-cart track
(19) Golf course, miniature
(20) Kennel, commercial
(21) Medical or dental clinic, physical therapy clinic, or massage therapy clinic
(22) Mortuary or funeral home, including those containing a crematory
(23) Motor vehicle filling station as provided for in Sec. 61-12-182(2) of this Code
(24) Motor vehicle services, minor
(25) Motor vehicle washing and steam cleaning
(26) Motor vehicles, new or used, salesroom or sales lot
(27) Motor vehicles, new, storage lot accessory to a salesroom or sales lot for new motor vehicles
(28) Motorcycles, retail sales, rental or service
(29) Nail salon
(30) Office, business or professional
(31) Parking lots or parking areas for operable private passenger vehicles
(32) Parking structure
(33) Pet shop
(34) Pool or billiard hall
(35) Printing or engraving shops
(36) Private club, lodge, or similar use
(37) Produce or food markets, wholesale
(38) Radio or television station
(39) Radio, television, or household appliance repair shop
(40) Rebound tumbling center
(41) Recording studio or photo studio or video studio, no assembly hall
(42) Recreation, indoor commercial and health club
(43) Rental hall
(44) Restaurant, carry-out or fast-food with or without drive-up or drive-through facilities
(45) Restaurant, standard
(46) Retail sales and personal service in business and professional offices
(47) School or studio of dance, gymnastics, music, art, or cooking
(48) Secondhand stores and secondhand jewelry stores
(49) Shoe repair shop
(50) Stores of a generally recognized retail nature whose primary business is the sale of new merchandise, with or without drive-up or drive-through facilities
(51) Tattoo and/or piercing parlor
(52) Taxicab dispatch and/or storage facility
(53) Theater and concert café, excluding drive-in theaters
(54) Trailer coaches or boat sale or rental, open air display
(55) Trailers, utility sales, rental or service; moving truck/trailer rental lots
(56) Veterinary clinic for small animals
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other by-right uses within the M4 Intensive Industrial District are as follows:
(1) Adult use/sexually-oriented businesses, as provided in Section 50-3-504 of this Code.
(2) Aircraft landing areas for winged aircraft.
(3) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(4) Aquaculture as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(5) Aquaponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(6) Boat or ship yards, construction, repair, maintenance, dry dock.
(7) Boat terminals, passenger.
(8) Docks, waterway shipping/freighters.
(9) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(10) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(11) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(12) Hydroponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(13) Marinas.
(14) Passenger transportation terminals.
(15) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(16) Telecommunications buildings, private.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses in the M4 Intensive Industrial District are as follows:
(1) Ferry terminals.
(2) Designated marijuana consumption establishment.
(3) Heliports
(4) Marijuana grower facility as provided for in Article III, Division 12, of this chapter.
(5) Marijuana microbusiness.
(6) Marijuana processor facility as provided for in Article III, Division 12, of this chapter.
(7) Marijuana retail/provisioning facility.
(8) Marijuana safety compliance facility as provided for in Article III, Division 12, of this chapter.
(9) Marijuana secure transporter facility as provided for in Article III, Division 12, of this chapter.
(10) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(11) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
Other by-right uses within the M5 Special Industrial District are as follows:
(1) Adult uses/sexually-oriented businesses, as provided in Section 50-3-504 of this Code.
(2) Aircraft landing areas for winged aircraft.
(3) Antennas as provided tor in Article XII, Division 3, Subdivision G, of this chapter.
(4) Aquaculture as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(5) Aquaponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(6) Boat or ship yards, construction, repair, maintenance, dry dock.
(7) Boat terminals, passenger.
(8) Docks, waterway shipping/freighters.
(9) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(10) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(11) Hoophouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(12) Hydroponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(13) Marinas.
(14) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(15) Telecommunications buildings, private.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses in the M5 Special Industrial District are as follows:
(1) Ferry Terminals.
(2) Heliports.
(3) Marijuana grower facility as provided for in Article III, Division 12, of this chapter.
(4) Marijuana processor facility as provided for in Article III, Division 12, of this chapter.
(5) Marijuana safety compliance facility as provided for in Article III, Division 12, of this chapter.
(6) Marijuana secure transporter facility as provided for in Article III, Division 12, of this chapter.
(7) Urban farms as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(8) Urban gardens as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
Uses permitted shall include any and all uses subject to review by the City Planning Commission and to approval by the City Council, provided, that the major land use shall correspond to the most general category of land use proposed in the Master Plan for the area involved. Land use categories include residential, retail and local services, industrial, mixed use, parks and open space, and other. Medical marijuana facilities and adult-use marijuana establishments, as specified in Section 50-12-110 of this Code, are not permitted on land zoned PD, where established as a residential planned development. See Article XII of this chapter for a complete listing of all use regulations and standards, and Article XII, Division 5, of this chapter for accessory uses, including home occupations.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
The following specific use limitations shall apply in the P1 Open Parking District:
(1) The parking area shall be used for parking or storage of operable private passenger vehicles only;
(2) No charge shall be made for parking or storage;
(3) No business involving vehicle repair, service, sale or display for sale, or any other type of business, shall be conducted from or upon such premises;
(4) No structures other than those required by, or specifically permitted herein, in this chapter shall be erected or placed on the premises;
(5) No buildings other than those for shelter of attendants shall be erected or placed upon said premises, and there shall be not more than two such buildings in any one area and each building shall be not more than 50 square feet in area nor shall each exceed 15 feet in height; and
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other by-right uses within the PC Public Center District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Boat terminal, passenger.
(3) Public center open uses.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses within the PC Public Center District are as follows:
(1) Farmers markets as defined in Article XVI, Division 2, Subdivision G of this chapter.
(2) Heliports.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The exterior design, appearance, and location of any proposed building, or exterior alteration of any existing building, structure, or premises, or part thereof, including any exterior signs, and parking, loading or unloading areas within the PC Public Center District shall be reviewed by the Planning and Development Department and by the City Planning Commission to ensure harmony with the public center where it is located and consistency with the spirit, intent, and purpose of this Zoning Ordinance chapter. A written report shall be filed with the City Council recommending approval or disapproval of the proposed use, facility or alteration, and recommending any changes deemed necessary to ensure conformity with the spirit, intent, and purpose of this district. In each case the City Council shall approve, disapprove, or adjust said recommendation by resolution. See Article III, Division 6, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other by-right uses within the PCA Public Center Adjacent District (Restricted Central Business District) are
as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Heliports.
(3) Marinas.
(4) Tunnel or bridge plaza and terminal, vehicular.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Conditional retail, service, and commercial uses within the PCA Public Center Adjacent District (Restricted Central Business District) are as follows:
(1) Automated teller machine not accessory to other use on the same zoning lot, which is stand-alone, with drive-up or drive-through facilities
(2) Bank with drive-up or drive-through facilities
(3) Banquet hall
(4) Cabaret, outside the Central business district
(5) Dance hall, public, outside the Central Business District
(6) Establishment for the sale of beer or intoxicating liquor for consumption on the premises, inside the Central Business District
(7) Financial services center with driveup or drive-through facilities
(8) Hotel, outside the Central Business District
(9) Motor vehicle filling station
(10) Motor vehicle washing(11) Motor vehicles, new, salesroom or sales lot
(12) Office, business or professional, other than that permitted by right
(13) Parking structure, not having ground floor commercial space or other space oriented to pedestrian traffic
(14) Rental hall
(15) Restaurant, carry-out or fast-food, other than that permitted by right
(16) Restaurant, standard as provided for in Sec. 61-12-229(5) of this Code
(17) Retail sales and personal service in business and professional offices
(18) Specially designated distributor’s (SDD) or specially designated merchant’s (SDM) establishment
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other conditional uses within the PCA Public Center Adjacent District (Restricted Central Business District) are
as follows:
(1) Farmers markets as defined in Article XVI, Division 2, Subdivision G. of this chapter.
(2) Passenger transportation terminals.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The exterior design, appearance, and location of any proposed building, or exterior alteration of any existing building, structure, or premises, or part thereof, and the location and design of any proposed sign, parking facilities or loading and unloading areas within the PCA Public Center Adjacent District (Restricted Central Business District) shall be reviewed by the Planning and Development Department and by the City Planning Commission for consistency with the spirit, purpose, and intent of this district. In each case, the City Council shall approve, disapprove, or adjust said recommendation by resolution. See Article III, Division 6, of this chapter for design criteria applicable to the PCA District.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
By-right retail, service, and commercial uses within the TM Transitional-Industrial District are as follows:
(1) Animal-grooming shop
(2) Arcade
(3) Assembly hall
(4) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone
(5) Bake shop, retail
(6) Bank
(7) Banquet hall
(8) Barber or beauty shop
(9) Brewpub or microbrewery or small distillery or small winery, subject to Sec. 50-12-217(4)
(10) Business college or commercial trade school
(11) Commissary
(12) Customer service center
(13) Dry cleaning, laundry, or laundromat
(14) Employee recruitment center
(15) Financial services center
(16) Food stamp distribution center
(17) Go-cart track
(18) Golf course, miniature
(19) Kennel, commercial
(20) Medical or dental clinic, physical therapy clinic, or massage therapy clinic
(21) Mortuary or funeral home, including those containing a crematory
(22) Motor vehicle filling station as provided for in Section 50-12-252(2) of this Code
(23) Motor vehicle services, minor
(24) Motor vehicle washing and steam cleaning
(25) Motor vehicles, new or used, salesroom or sales lots
(26) Motor vehicles, new, storage lot accessory to a salesroom or sales lot for new motor vehicles
(27) Motorcycles, retail sales, rental or service
(28) Nail salon
(29) Office, business or professional
(30) Parking lots or parking areas for operable private passenger vehicles
(31) Parking structure
(32) Pet shop
(33) Pool or billiard hall
(34) Printing or engraving shops
(35) Private club, lodge, or similar use
(36) Produce or food markets, wholesale
(37) Radio or television station
(38) Radio, television, or household appliance repair shop
(39) Rebound tumbling center
(40) Recording studio or photo studio or video studio, no assembly hall
(41) Recreation, indoor commercial and health club
(42) Rental hall
(43) Restaurant, carry-out or fast-food
(44) Restaurant, standard
(45) Retail sales and service in business and professional offices
(46) Secondhand stores and secondhand jewelry stores
(47) Shoe repair shop
(48) Stores of a generally recognized retail nature whose primary business is the sale of new merchandise, with or without drive-up or drive-through facilities
(49) Tattoo and/or piercing parlor
(50) Taxicab dispatch and/or storage facility
(51) Theater and concert café, excluding drive-in theaters
(52) Trailer coaches or boat sale or rental, open air display
(53) Trailers, utility sales, rental or service; moving truck/trailer rental lots
(54) Veterinary clinic for small animals
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other by-right uses within the TM Transitional-Industrial District are as follows:
(1) Aircraft landing areas for winged aircraft.
(2) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(3) Aquaculture as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(4) Aquaponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(5) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(6) Greenhouses as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(7) Hoophouses as provided for inArticle Xll, Division 3, Subdivision H, of this chapter.
(8) Hydroponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(9) Passenger transportation terminals.
(10) Railroad rights-of-way, not including storage tracks, yards, or buildings.
(11) Telecommunications buildings, private.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
By-right retail, service, and commercial uses within the PR Parks and Recreation District are as follows:
(1) Commercial recreation facilities, outdoor and indoor, subject to Section 50-11-136 of this Code and upon resolution of City Council.
(2) Retail sales clearly incidental and accessory to uses permitted in the PR district, such as food service concession stands under contract to the Recreation Department or other governmental agency or non-profit agency with duly recognized authority over the land zoned PR.
Amended by Ord. No. 20-19 (JCC 6/18/2019, Passed 7/16/2019, Approved 7/22/2019, Published 7/30/2019, Effective 8/7/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other by-right uses within the PR Parks and Recreation District are as follows:
(1) Antennas as provided tor in Article XII, Division 3, Subdivision G, of this chapter.
(2) Marina, public.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses within the PR Parks and Recreation District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other by-right uses within the W1 Waterfront-Industrial District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Boat or ship yards: construction, repair, maintenance, dry dock.
(3) Boat terminal, passenger.
(4) Docks or wharves, waterway shipping freighters.
(5) Ferry terminal.
(6) Marinas.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses within the W1 Waterfront-Industrial District are as follows:
(1) Heliports.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Repealed by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
By-right residential uses in the SD1 Special Development District are as follows:
(1) Animal-grooming shop
(2) Art gallery
(3) Assembly hall
(4) Automated teller machine without drive-up, drive-through facilities
(5) Bake shop, retail
(6) Banks without drive-up or drive-through facilities
(7) Banquet hall
(8) Barber or beauty shop
(9) Brewpub or microbrewery or small distillery or small winery, not exceeding three thousand (3,000) square feet and not located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare
(10) Dry cleaning, laundry, or Laundromat
(11) Establishment for the sale of beer or intoxicating liquor for consumption on the premises, not exceeding three thousand (3,000) square feet and not located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare
(12) Medical or dental clinic, physical therapy clinic, or massage therapy clinic
(13) Nail salon
(14) Office, business or professional
(15) Parking lots or parking areas, accessory for operable private passenger vehicles, not farther than the maximum distance specified in Article XIV, Division 1 of this Chapter.
(16) Pet shop
(17) Printing or engraving shops not exceeding four thousand (4,000) square feet of gross floor area with a minimum of ten percent (10%) of the gross floor area being used as a retail store for the sale of the goods produced
(18) Recording studio or photo studio or video studio, no assembly hall
(19) Recreation, indoor commercial and health club
(20) Rental hall, not exceeding 3.000 square feet
(21) Restaurant, carry-out or fast food, without drive-up or drive-through facilities
(22) Restaurant, standard, without drive-up or drive-through facilities not located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare
(23) School or studio of dance, gymnastics, music, art or cooking
(24) Shoe repair shop
(25) Stores of a generally recognized retail nature whose primary business is the sale of new merchandise, without drive-up or drive-through facilities
(26) Veterinary clinic for small animals
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Amended by Ord. No. 20-19 (JCC 6/18/2019, Passed 7/16/2019, Approved 7/22/2019, Published 7/30/2019, Effective 8/7/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other by-right residential uses in the SD1 Special Development District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(3) Urban gardens not exceeding 0.5 acre in size as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Conditional retail, service, and commercial uses in the SD1 Special Development District are as follows:
(1) Bed and breakfast inn
(2) Brewpub or microbrewery or small distillery or small winery that exceeds three thousand (3,000) square feet or that is located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare
(3) Establishment for the sale of beer or intoxicating liquor for consumption on the premises that exceeds three thousand (3,000) square feet or that is located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare
(4) Hotel
(5) Kennel, commercial
(6) Parking lots or parking areas, commercial and accessory parking farther than the maximum distance specified in ARTICLE XIV, DIVISION 1 of this Chapter
(7) Parking structure having at least sixty percent (60%) of the ground floor level façade abutting a public street dedicated to commercial space or other space oriented to pedestrian traffic
(8) Pool or billiard hall
(9) Private club, lodge, or similar use
(10) Radio or television station
(11) Radio, television, or household appliance repair shop
(12) Rental hall that exceeds 3,000 square feet
(13) Restaurant, standard located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare
(14) Secondhand store and secondhand jewelry store
(15) Specially designated distributor's (SDD) or specially designated merchant's (SDM) establishment
(16) Theater, excluding concert café and drive-in theater, not exceeding one hundred fifty (150) fixed seats
(17) Youth hostel/hostel
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Amended by Ord. No. 20-19 (JCC 6/18/2019, Passed 7/16/2019, Approved 7/22/2019, Published 7/30/2019, Effective 8/7/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other conditional uses in the SD1 Special Development District are as follows:
(1) Antennas as provided for in Article XII, Division 5, Subdivision G, of this chapter.
(2) Marinas.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Development in the SD1 Special Development District shall comply with the general intensity and dimensional standards provided in Section 50-13-129 of this Code and as follows:
(1) Front Setback:
a. A minimum front setback is not required.
b. The maximum front setback allowed shall be the average of the front setback of the buildings located on the adjacent lots on each side of the subject building or 20 feet, whichever is less.
c. Off-street parking shall be prohibited in the front setback.
(2) Rear Setback:
a. If a street or alley is to the rear of a single-story building, a minimum rear setback is not required. If no street or alley is present, single-story buildings shall have a minimum rear setback of ten feet.
b. Where land zoned R1, R2, R3, R4, R5, R6, residential PD, or SD1 is located across a street or alley from the rear of a multi-story building, the multi-story buildings shall have a rear setback of ten feet; where a street or alley is not present to separate the rear of a multi-story building from land zoned R1, R2, R3, R4, R5, R6, residential PD, or SD1, the multi-story building shall have a rear setback of 20 feet.
c. Buildings containing dwelling units, other than single-or two-family dwellings, shall have a rear setback of ten feet if a street or alley is present at the rear and 20 feet if a street or alley is not present.
(3) Side Setback: No minimum side setback is required except where building is adjacent to land zoned R1, R2, R3, or R4. Where adjacent to land zoned R1, R2, R3, or R4, the side setback shall be calculated using Formula A.
(4) Off-street parking location: Parking shall be prohibited between the street and front façade of the building.
(5) Maximum height: 35 feet for nonmixed-use, 50 feet for mixed-use. Where a lot fronts on a right-of-way which is more than 50 feet wide and where the outermost point of the proposed mixed-use building is at least 40 feet from all R1, R2, and R3 Districts, the maximum height may be increased one foot for each one foot of right-of-way width greater than 50 feet. The building shall not exceed 60 feet in height.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
By-right retail, service and commercial uses within the SD2 Special Development District are as follows:
(1) Animal-grooming shop
(2) Art gallery
(3) Assembly hall
(4) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone, without drive-up or drive-through facilities
(5) Bake shop, retail
(6) Bank without drive-up or drive-through facilities
(7) Banquet hall
(8) Barber or beauty shop
(9) Brewpub or microbrewery or small distillery or small winery
(10) Dry cleaning, laundry, or laundromat
(11) Establishment for the sale of beer or intoxicating liquor for consumption on the premises
(12) Medical or dental clinic, physical therapy clinic, or massage therapy clinic
(13) Mortuary or funeral home, including those containing a crematory
(14) Nail salon
(15) Office, business or professional
(16) Parking lots or parking areas, accessory, for operable private passenger vehicles, not farther than the maximum distance specified in ARTICLE XIV. DIVISION 1 of this Chapter
(17) Pet shop
(18) Printing or engraving shops not exceeding five thousand (5,000) square feet of gross floor area with a minimum of ten percent (10%) of the gross floor area being used as a retail store for the sale of the goods produced
(19) Radio or television station
(20) Recording studio or photo studio or video studio, no assembly hall
(21) Recreation, indoor commercial and health club, excluding golf dome
(22) Rental Hall
(23) Restaurant, carry-out or fast food, located in a multi-story building and integrated into a mixed-use or multi-tenant development, and without drive-up or drive-through facilities
(24) Restaurant, standard without drive-up or drive-through facilities
(25) Retail sales and personal service in business and professional offices
(26) Retail sales and personal service in multiple-residential structures, as provided for in Sec. 61-12-231 of this Code
(27) School or studio of dance, gymnastics, music, art, or cooking
(28) Shoe repair shop
(29) Stores of a generally recognized retail nature whose primary business is the sale of merchandise, without drive-up or drive-through facilities
(30) Theater, excluding concert café and drive-in theaters, not exceeding one hundred fifty (150) fixed seats
(31) Veterinary clinic for small animals
Amended by Ord. No. 20-19 (JCC 6/18/2019, Passed 7/16/2019, Approved 7/22/2019, Published 7/30/2019, Effective 8/7/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other by-right uses within the SD2 Special Development District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(3) Marinas.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses in the SD2 Special Development District, Mixed-Use are as follows:
(1) Designated consumption establishment.
(2) Marijuana microbusiness.
(3) Marijuana retail/provisioning facility.
(4) Marijuana safety compliance facility as provided for in Article III, Division 12, of this chapter.
(5) Passenger transportation terminal.
(6) Urban Gardens not exceeding 0.5 acres in size as provide for in Article XII, Division 3, Subdivision H, of this chapter.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019)
Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
Development in the SD2 Special Development District is subject to Section 50-13-130 of this Code and as follows:
(1) Front Setback.
a. A minimum front setback is not required.
b. The maximum front setback allowed shall be the average of the front setback of the buildings located on each side of the subject building or 20 feet, whichever is less. Parking in front of a neighboring building does not count as a front setback.
c. Off-street parking shall be prohibited in the front setback.
(2) Rear Setback.
a. If a street or alley is to the rear of a single-story building, a minimum rear setback is not required. If no street or alley is present, single-story buildings shall have a minimum rear setback of ten feet.
b. Where a single- or two-family dwelling is located across a street or alley from the rear of a multi-story building, the multi-story buildings shall have a rear setback of ten feet; where a street or alley is not present to separate the rear of a multistory building from a single-or two-family dwelling, the multi-story building shall have a rear setback of 20 feet.
c. Buildings containing dwelling units, other than single-or two-family dwellings, shall have a rear setback of ten feet if a street or alley is present at the rear and 20 feet if a street or alley is not present.
(3) Side Setback. No minimum side setback is required except where building is adjacent to land zoned R1, R2, R3, or R4. Where adjacent to land zoned R1, R2, R3, or R4, the side setback shall be calculated using Formula A.
(4) Off-street parking location. Parking shall be prohibited between the street and front façade of the building.
(5) Maximum height. 45 feet for nonmixed-use, 60 feet for mixed-use. Where a lot fronts on a right-of-way which is more than 60 feet wide and where the outermost point of the proposed mixed-use building is at least 40 feet from all R1, R2, and R3 Districts, the maximum height may be increased one foot for each one foot of right-of-way width greater than 60 feet. The mixed-use building must not exceed 80 feet in height.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
By-right retail, service, and commercial uses in the SD4 Special Development District are as follows:
(1) Automated teller machine without drive-up or drive-through facilities
(2) Bake shop, retail
(3) Bank without drive-up or drive-through facilities
(4) Barber or beauty shop
(5) Business college or commercial trade school
(6) Cabaret, inside the Central Business District
(7) Dry cleaning, laundry, or laundromat.
(8) Establishments for the sale of beer or intoxicating liquor for consumption on the premises, inside the Central Business District
(9) Hotel, inside the Central Business District
(10) Medical or dental clinic, physical therapy clinic or massage therapy clinic.
(11) Nail salon.
(12) Office, business or professional.
(13) Private club, lodge, or similar use.
(14) Radio or television station.
(15) Recording studio or photo studio or video studio, no assembly hall
(16) Recreation, indoor commercial and health club.
(17) Restaurant, carry-out or fast-food when integrated into a mixed use or multitenant development, and without drive-up or drive-through facilities.
(18) Restaurant, standard without drive-up or drive-through facilities.
(19) Retail sales and personal service in business and professional offices
(20) Retail sales and personal service in multiple-residential structures, as provided for in Sec. 61-12-231 of this Code.
(21) School or studio of dance, gymnastics, music, art or cooking
(22) Shoe repair shop.
(23) Stores of a generally recognized retail nature whose primary business is the sale of new merchandise, without drive-up or drive-through facilities except as provided in Section 50-11-318 of this Code.
(24) Theater and concert café, excluding drive-in theaters
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other by-right uses in the SD4 Special Development District are as follows:
(1) Antennas as regulated in Article XII, Division 3, Subdivision G, of this chapter, provided, that no antenna shall exceed 35 feet in height, except those antennas which are incidental and accessory to principal uses allowed in the SD4 District.
(2) Marina.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses in the SD4 Special Development District are as follows:
(1) Aquaculture as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(2) Aquaponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
(3) Boat terminals, passenger.
(4) Docks or wharves, waterway shipping/freighters.
(5) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(6) Heliports as regulated by Section 50-12-411 of this Code and Article XIV, Division 6, of this chapter.
(7) Hydroponics as provided for in Article XII, Division 3, Subdivision H, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
In addition to the site plan approval criteria specified in Section 50-3-96 of this Code, the following provisions shall apply:
(1) That the proposed development reflects the applicable policies stated in the Master Plan, both text and maps, as applied to the geographic area in question:
(2) That the natural features of the landscape, particularly views of the Detroit River, are retained where they enhance the development of the site, or where they furnish a barrier or buffer between the project and adjoining properties, or where they assist in preserving the general safety, health, and appearance of the area or district. Removal of existing trees should be minimized;
(3) That buildings are designed to create a pedestrian-friendly setting that relates a building’s active uses to the street;
(4) That new buildings are constructed to the lot line with no setback, except for a setback not to exceed ten feet from the lot line for a permitted outdoor seating area only;
(5) That new buildings establish a uniform street wall by establishing a building base a minimum of two stories or 20 feet in height; that new buildings taller than three stories establish a uniform street wall or building base (a podium) not to exceed 40 feet; and that the taller section of the building should be on top of the podium and set back a minimum of ten feet horizontal distance from the parapet of the main façade facing a street;
(6) That to the fullest extent possible, the hours of operation shall not create any adverse effect upon owners or occupants of adjacent and surrounding properties. This subsection shall not be construed or interpreted to define the operating hours of businesses established prior to the property's reclassification to a SD4 District as either nonconforming, or as creating an adverse effect upon the owners and occupants of adjacent and surrounding properties; and
(7) That the proposed landscaping and other site amenities are appropriate to the development and to the adjoining and surrounding properties.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
(a) The following uses are prohibited on any zoning lot zoned B2 or B4 abutting any Gateway Radial Thoroughfare:
(1) Confection manufacture.
(2) Dental products, surgical, or optical goods manufacture.
(3) Emergency shelter.
(4) Go-cart track.
(5) Ice manufacture.
(6) Jewelry manufacture.
(7) Lithographing.
(8) Marijuana retail/provisioning facility.
(9) Motor vehicle washing and steam cleaning.
(10) Motor vehicle services, major.
(11) Motor vehicles, used, salesroom or sales lots.
(12) Motor vehicles, used, storage lot accessory to a salesroom or sales lot for used motor vehicles.
(13) Pawnshop.
(14) Plasma donation center.
(15) Precious metal and gem dealer.
(16) Pre-release adjustment center.
(17) Radio, television, or household appliance repair shop.
(18) Rebound tumbling center.
(19) Restaurant, carry-out or fast-food with drive-up or drive-through facilities or where not located in a multi-story building having a mixed-use or multi-tenant development; prohibition limited to Woodward Avenue only.
(21) Substance abuse service facility.
(22) Taxicab dispatch and/or storage facility.
(23) Toiletries or cosmetic manufacturing.
(24) Tool, die, and gauge manufacturing.
(25) Trade services, general.
(26) Trailer coaches or boats, sale or rental, open air display.
(27) Trailers or cement mixers, pneumatic-tired, sales, rental or service.
(28) Used goods dealer.
(29) Vending machine commissary.
(30) Wearing apparel manufacturing.
(31) Wholesaling, warehousing, storage buildings, or public storage houses, except on Gratiot Avenue.
(b) Accessory parking lots or parking areas on zoning lots abutting a designated Gateway Radial Thoroughfare that are not farther than the maximum distance specified in Article XIV, Division 1, Subdivision B, of this chapter shall be permitted by right subject to Article XIV, Division 1, Subdivision E, Article XIV, Division 1, Subdivision G, and Article XIV, Division 2, Subdivision C, of this chapter.
(c) Commercial parking lots or areas and accessory parking lots or areas on zoning lots abutting a designated Gateway Radial Thoroughfare that are farther than the maximum distance specified in Article XIV, Division 1, Subdivision B, of this chapter, shall be reviewed as Conditional Uses subject to Article XIV, Division 1, Subdivision E, Article XIV, Division 1, Subdivision G, and Article XIV, Division 2, Subdivision C, of this chapter.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
The following areas are designated as Traditional Main Street Overlay Areas:
(1) West Seven Mile. All zoning lots abutting West Seven Mile Road between the zoning lots at the four corners of John R Avenue and the center line of Woodward Avenue.
(2) Grand River/Lahser Road. All zoning lots abutting Grand River Avenue between the center line of Greenfield Road and the zoning lots at the four corners of Lahser Road and all zoning lots abutting Lahser Road between West McNichols Road and Santa Clara Avenue.
(3) Bagley/Vernor. All zoning lots abutting Bagley Avenue between the center line of 16th Street and the center line of 24th Street; and all zoning lots abutting West Vernor Highway between the center line of Newark Avenue and the center line of Clark Street.
(4) Livernois/West McNichols. All zoning lots abutting Livernois Avenue between the center line of the John C. Lodge Freeway and the center line of West Eight Mile Road; and all zoning lots abutting West McNichols Road between the center line of Lawton Avenue and the zoning lots at the four corners of Wyoming Avenue.
(5) East Jefferson. All zoning lots abutting East Jefferson Avenue between the center lines of Dickerson Avenue/Gray Avenue and the city limits of Grosse Pointe Park.
(6) Woodward. All zoning lots abutting Woodward Avenue between the center line of Temple Avenue/Alfred Street and the city limits of Highland Park.
(7) Grand Boulevard. All zoning lots abutting West Grand Boulevard/East Grand Boulevard between the John C. Lodge freeway (M-10) and the eastern edge of Cameron Street (extended). Standards for West Grand Boulevard between John C. Lodge freeway (M-10) and West Grand River in the Grand Boulevard Overlay Area, are available in Subdivision D of this division.
(8) Michigan Avenue. All zoning lots abutting Michigan Avenue between the John C. Lodge freeway (M-10) and the zoning lots at the four corners of Vinewood Avenue.
(9) Vernor/Springwells. All zoning lots abutting West Vernor Highway between the center line of Clark Street and the zoning lots at the four corners of Woodmere Avenue; and all zoning lots abutting Springwells Avenue between the four corners of West Vernor Highway and the four corners of the Fisher Freeway (1-75) service drives.
(10) East Warren Avenue. All zoning lots abutting East Warren Avenue between Audubon Avenue and the four corners of Radnor Street.
(11) West Warren Avenue. All zoning lots abutting West Warren Avenue between the Southfield Freeway and Greenfield Road.
(12) All zoning lots abutting Van Dyke
Street between East 7 Mile and East 8 Mile Roads.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Designated marijuana consumption establishments, marijuana grower facilities, marijuana microbusinesses, marijuana processor facilities, marijuana retail/provisioning facilities, marijuana safety compliance facilities, and marijuana secure transporter facilities are prohibited within any Traditional Main Street Overlay Area.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
(a) Lofts, as defined in Section 50-16-284 of this Code, shall be subject to review by the Loft Review Committee on land zoned B6, M1, M2, M3, and M4.
(b) For the area of West Grand Boulevard between the John C. Lodge Freeway (M-10) and West Grand River Avenue, parking, driveways, or loading areas shall not be located between new primary buildings and West Grand Boulevard. Parking, driveways, or loading areas shall be located to the side or the rear of the building.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The Development Improvement Area is a special area that is established to permit property owners in business or other areas to request City assistance in upgrading the external physical appearance of their area. The provisions allow for the employment of a design consultant to prepare a development-improvement plan, including such items as planting boxes or other “street furniture, lighting and lighting fixtures, building materials, finishes and colors, including building façade modernizations, improvements in parking and traffic facilities, all aspects of signs, an overall color scheme, an improved pedestrian circulation scheme, or any other visual or functional appurtenances for the district. Provision is also made for the establishment of a special assessment district to defray all or part of the costs of such improvement projects consistent with Article 8, Chapter 6, of the Charter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Regulations regarding household living uses are as follows:
| Use Category | Specific Land Use | Residential | Business | Industrial | Special and Overlay | Standards General (Art. XII, Div. 2) Specific (Art. XII, Div. 3) |
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| R1 | R2 | R3 | R4 | R5 | R6 | B1 | B2 | B3 | B4 | B5 | B6 | M1 | M2 | M3 | M4 | M5 | PD | P1 | PC | PCA | TM | PR | W1 | SD1 | SD2 | SD3 | SD4 | SD5 | |||
| Household living | Loft | R | R | R | R | C | C/R | C/R | C/R | R | C | C | C | C | C | L | R | R | R | R | Sections 50-12-157, 50-12-159 | ||||||||||
| Mobile home park | C | L | Section 50-12-160 | ||||||||||||||||||||||||||||
| Multiple-family dwelling | C | C/R | R | R | R | C | C | C | R/C | L | R/C | R | C/R | R | Sections 50-12-157, 50-12-161, 50-12-162 | ||||||||||||||||
| Residential use combined in structures with permitted commercial uses | R | R | C | C/R | C/R | C/R | C | C | C | C | C | C | L | R | R | R | R | Section 50-12-159 | |||||||||||||
| Household living (cont'd) | Single-family detached dwelling | R | R | R | R | R | C | C | C | C | L | C | Sections 50-12-157, 50-12-159 | ||||||||||||||||||
| Single-room-occupancy (SRO) housing, non-profit | C | C | C | C | C | C | C | L | C | C | SPC; Section 50-12-166 | ||||||||||||||||||||
| Townhouse | C | R | R | R | R | C | C | C | C | L | C | C | R | Sections 50-12-157, 50-12-167 | |||||||||||||||||
| Two-family dwelling | R | R | R | R | C | C | C | C | L | C | Sections 50-12-157, 50-12-159 | ||||||||||||||||||||
| All other | C | C | C | C | C | C | C | C | Sections 50-12-157, 50-12-159 | ||||||||||||||||||||||
Amended by Ord. No. 20-19 (JCC 6/18/2019, Passed 7/16/2019, Approved 7/22/2019, Published 7/30/2019, Effective 8/7/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Regulations regarding assembly uses are as follows:
| Use Category | Specific Land Use | Residential | Business | Industrial | Special and Overlay | Standards General (Art. XII, Div. 2) Specific (Art. XII, Div. 3) |
|||||||||||||||||||||||||
| R1 | R2 | R3 | R4 | R5 | R6 | B1 | B2 | B3 | B4 | B5 | B6 | M1 | M2 | M3 | M4 | M5 | PD | P1 | PC | PCA | TM | PR | W1 | SD1 | SD2 | SD3 | SD4 | SD5 | |||
| Assembly | Assembly hall | R | R | R | R | R | R | R | L | R | Section 50-12-214 | ||||||||||||||||||||
| Banquet Hall | C | C | C | R | R | R | R | R | R | L | C | R | R | R | |||||||||||||||||
| Dance hall, public | C | C/R | C/R | C/R | C | C | C | C | L | C/R | C | P; RU; SPC; Section 50-12-219 | |||||||||||||||||||
| Private club, lodge, or similar use | C | C | C | C | C | C | R | R | R | R | R | R | R | L | R | R | C | C | R | Section 50-12-306 | |||||||||||
| Rental hall or banquet facility | C | R | R | R | R | R | R | L | C | R | Section 50-12-309; P | ||||||||||||||||||||
| All other | C | C | C | C | C | C | C | L | C | Section 50-12-551 | |||||||||||||||||||||
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Amended by Ord. No. 20-19 (JCC 6/18/2019, Passed 7/16/2019, Approved 7/22/2019, Published 7/30/2019, Effective 8/7/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Regulations regarding food and beverage service uses are as follows:
| Use Category | Specific Land Use | Residential | Business | Industrial | Special and Overlay | Standards General (Art. XII, Div. 2) Specific (Art. XII, Div. 3) |
|||||||||||||||||||||||||
| R1 | R2 | R3 | R4 | R5 | R6 | B1 | B2 | B3 | B4 | B5 | B6 | M1 | M2 | M3 | M4 | M5 | PD | P1 | PC | PCA | TM | PR | W1 | SD1 | SD2 | SD3 | SD4 | SD5 | |||
| Food and beverage service | Brewpub or microbrewery or small distillery or small winery | R | C | C/R | C/R | C/R | C/R | C/R | C/R | L | R | C/R | C/R | R | C | CU; RU; Section 50-12-217 | |||||||||||||||
| Commissary | R | R | R | R | R | R | R | R | L | R | |||||||||||||||||||||
| Establishment for the sale of beer or alcoholic liquor for consumption on the premises | C | C | C/R | C/R | C/R | C | C | C | C | L | C/R | C | C/R | R | C | RU; SPC; Section 50-12-220 | |||||||||||||||
| Restaurant, carry-out, with drive-up or drive-through facilities | C | C | C/R | R | C | R | R | R | L | R | SPC; Sections 50-12-310, 50-12-511 | ||||||||||||||||||||
| Restaurant, carry-out, without drive-up or drive-through facilities | R | R | R | C/R | R | C | R | R | R | L | R/C | R | R | R | R | SPC; Sections 50-12-310, 50-12-511 | |||||||||||||||
| Restaurant, fast food, with drive-up or drive-through facilities | C | C | C/R | R | C | R | R | R | L | R | SPC; Sections 50-12-310, 50-12-511 | ||||||||||||||||||||
| Food and beverage service (cont'd) | Restaurant, fast food, without drive-up or drive-through facilities | C | C | C/R | C/R | R | C | R | R | R | L | R/C | R | R | R | R | SPC; Sections 50-12-310, 50-12-511 | ||||||||||||||
| Restaurant, standard, with drive-up or drive-through facilities | C/R | C/R | C/R | R | R | R | R | R | L | R | SPC; Sections 50-12-311, 50-12-511 | ||||||||||||||||||||
| Restaurant, standard, without drive-up or drive-through facilities | C/R | C/R | C/R | C/R | R | R | R | R | R | L | R | R | R | R | R | SPC; Sections 50-12-311, 50-12-511 | |||||||||||||||
| All others | C | C | C | C | C | C | C | C | C | L | C | C | |||||||||||||||||||
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Regulations regarding indoor recreation and entertainment uses are as follows:
| Use Category | Specific Land Use | Residential | Business | Industrial | Special and Overlay | Standards General (Art. XII, Div. 2) Specific (Art. XII, Div. 3) |
|||||||||||||||||||||||||
| R1 | R2 | R3 | R4 | R5 | R6 | B1 | B2 | B3 | B4 | B5 | B6 | M1 | M2 | M3 | M4 | M5 | PD | P1 | PC | PCA | TM | PR | W1 | SD1 | SD2 | SD3 | SD4 | SD5 | |||
| Recreation/entertain- ment, indoor |
Arcade | C | C | C | C | R | R | R | R | L | R | R | R | C | CU; P; SPC; Sections 50-12-213, 50-12-515 | ||||||||||||||||
| Cabaret | C | C | C/R | C/R | C/R | C | C | C | C | L | C/R | C | C | C | RU; SPC; Section 50-12-218 | ||||||||||||||||
| Casinos and casino complexes | L | R | |||||||||||||||||||||||||||||
| Firearms target practice range, indoor | C | C | C | C | C | C | C | C | C | L | P; Section 50-12-224 | ||||||||||||||||||||
| Pool hall | C | C | R | R | R | R | R | R | L | R | R | C | C | CU; P; SPC; Section 50-12-305 | |||||||||||||||||
| Recreation, indoor commercial and health club | R | R | R | R | R | R | R | R | R | L | R | R | R | R | R | R | Section 50-12-308 | ||||||||||||||
| Theater and concert café, excluding drive-in theaters | R | C | R | R | R | R | R | L | R | R | C | C/R | R | Section 50-12-317 | |||||||||||||||||
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Regulations regarding sales-oriented retail sales and service uses are as follows:
| Use Category | Specific Land Use | Residential | Business | Industrial | Special and Overlay | Standards General (Art. XII, Div. 2) Specific (Art. XII, Div. 3) |
|||||||||||||||||||||||||
| R1 | R2 | R3 | R4 | R5 | R6 | B1 | B2 | B3 | B4 | B5 | B6 | M1 | M2 | M3 | M4 | M5 | PD | P1 | PC | PCA | TM | PR | W1 | SD1 | SD2 | SD3 | SD4 | SD5 | |||
| Retail sales and service; sales-oriented | Stores of a generally recognized retail nature whose primary business is the sale of new merchandise, with drive-up or drive-through facilities | R | R | C/R | R | R | R | R | R | L | R | R | * | *Section 50-11-318 | |||||||||||||||||
| Stores of a generally recognized retail nature whose primary business is the sale of new merchandise, without drive-up or drive-through facilities | R | R | R | R | R | R | R | R | R | L | R | R | R | R | R | Section 50-11-318 | |||||||||||||||
| Art gallery | R | R | R | R | R | R | R | R | R | L | R | R | |||||||||||||||||||
| Bake shop, retail | R | R | R | R | R | R | R | R | R | L | R | R | R | R | R | Section 50-12-215 | |||||||||||||||
| Firearms dealership | C | C | C | C | C | C | C | C | L | Section 50-12-223 | |||||||||||||||||||||
| Fireworks sales, consumer | C | C | L | Section 50-12-225 | |||||||||||||||||||||||||||
| Motor vehicles, new, salesroom or sales lots | C | R | R | R | R | R | R | R | L | C | R | C | Sections 50-12-292, 50-12-517 | ||||||||||||||||||
| Retail sales and service; sales-oriented (cont'd) | Motor vehicles, used, salesroom or sales lots | C | C | R | R | R | R | R | L | R | C | Sections 50-12-293, 50-12-517 | |||||||||||||||||||
| Motorcycles, retail sales, rental or service | C | C | R | R | R | L | R | P; Section 50-12-297 | |||||||||||||||||||||||
| Pawnshop | C | C | C | C | C | L | C | P; RU; SPC; GRT; Section 50-12-302 | |||||||||||||||||||||||
| Pet shop | R | R | R | R | R | R | R | R | R | L | R | R | R | Section 50-12-303 | |||||||||||||||||
| Precious metal and gem dealers | C | C | C | R | R | R | R | L | C | C | C | C | RU; SPC; Section 50-12-304 | ||||||||||||||||||
| Produce or food markets, wholesale | R | R | R | R | R | L | R | ||||||||||||||||||||||||
| Specially designated distributor's (SDD) or specially designated merchant's (SDM) establishment | C | C | C | C | C | C | C | C | C | L | C | C | C | C | CU; P; SPC; Section 50-12-314 | ||||||||||||||||
| Retail sales and service; sales-oriented (cont'd) | Storage or killing of poultry or small game for direct, retail sale on the premises or for wholesale trade | R | R | R | R | R | L | Section 50-12-315 | |||||||||||||||||||||||
| Trailer coaches or boat sale or rental, open air display | C | R | R | R | R | R | L | R | GRT | ||||||||||||||||||||||
| Trailers, utility—sales, rental, or service; moving truck/trailer rental lots | C | R | R | R | R | R | L | R | |||||||||||||||||||||||
| Used goods dealer | C | C | C | R | R | R | R | L | C | C | C | C | RU; SPC; Section 50-12-320 | ||||||||||||||||||
| All other | C | C | C | C | C | C | C | L | C | C | |||||||||||||||||||||
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Regulations regarding service-oriented retail sales and service uses are as follows:
| Use Category | Specific Land Use | Residential | Business | Industrial | Special and Overlay | Standards General (Art. XII, Div. 2) Specific (Art. XII, Div. 3) |
|||||||||||||||||||||||||
| R1 | R2 | R3 | R4 | R5 | R6 | B1 | B2 | B3 | B4 | B5 | B6 | M1 | M2 | M3 | M4 | M5 | PD | P1 | PC | PCA | TM | PR | W1 | SD1 | SD2 | SD3 | SD4 | SD5 | |||
| Retail sales and service; service-oriented | Animal-grooming shop | R | R | R | R | R | R | R | R | L | R | R | R | Section 50-12-212 | |||||||||||||||||
| Automated teller machine, without drive-up or drive-through facilities | R | R | R | R | C/R | R | R | R | R | R | R | L | R | R | R | R | R | ||||||||||||||
| Automated teller machine, with drive-up or drive-through facilities | C | C | C | C | R | R | R | R | R | R | R | L | C | R | C | Article XIV, Division 1, Subdivision H; Section 50-11-318 | |||||||||||||||
| Bank, without drive-up or drive-through facilities | R | R | R | R | R | R | R | R | R | R | L | R | R | R | R | R | |||||||||||||||
| Bank, with drive-up or drive-through facilities | C | C | C | C | R | C | R | R | R | L | C | R | R | C | Article XIV, Division 1, Subdivision H; Section 50-11-318 | ||||||||||||||||
| Barber or beauty shop | R | R | R | R | R | R | R | R | R | R | L | R | R | R | R | R | Section 50-12-518 | ||||||||||||||
| Business college or commercial trade school | R | C | R | R | R | R | R | R | R | L | R | R | C | Section 50-12-318 | |||||||||||||||||
| Customer service center, with drive-up or drive-through facilities | C | C | C | C | R | R | R | R | R | L | R | Article XIV, Division 1, Subdivision H | |||||||||||||||||||
| Customer service center, without drive-up or drive-through facilities | R | R | R | R | R | R | R | R | R | R | L | R | C | ||||||||||||||||||
| Dry cleaning, laundry, or laundromat | R | R | R | R | R | R | R | R | R | R | L | R | R | R | R | R | Section 50-12-221 | ||||||||||||||
| Employee recruitment center | C | R | R | R | R | R | R | L | R | ||||||||||||||||||||||
| Financial services center, with drive-up or drive-through facilities | C | C | C | R | C | R | R | R | L | C | R | Section 50-12-222; Article XIV, Division 1, Subdivision H | |||||||||||||||||||
| Financial services center, without drive-up or drive-through facilities | C | C | C | R | R | R | R | R | R | L | R | R | Section 50-12-222 | ||||||||||||||||||
| Food stamp distribution center | C | C | C | C | R | R | R | R | R | R | L | R | Article XIV, Division 1, Subdivision H | ||||||||||||||||||
| Kennel, commercial | C | R | R | R | R | R | L | R | C | C | Section 50-12-229 | ||||||||||||||||||||
| Mortuary or funeral home, including those containing a crematory | C | C | R | R | R | R | R | R | R | L | R | Section 50-12-234 | |||||||||||||||||||
| Nail salon | R | R | R | R | R | R | R | R | R | R | L | R | R | R | R | R | |||||||||||||||
| Printing or engraving shops | C | C | R | R | R | R | R | L | R | R | R/C | C | Section 50-12-323 | ||||||||||||||||||
| Public center limited sales and service | R | ||||||||||||||||||||||||||||||
| Radio, television, or household appliance repair shop | R | R | R | R | R | R | R | R | R | L | R | C | C | GRT | |||||||||||||||||
| School or studio of dance, gymnastics, music, art or cooking | R | R | R | R | R | R | R | R | R | L | R | R | R | Section 50-12-313 | |||||||||||||||||
| Shoe repair shop | R | R | R | R | R | R | R | R | R | R | L | R | R | R | R | R | Section 50-12-518 | ||||||||||||||
| Retail sales and service; service-oriented (cont'd) | Tattoo and/or piercing parlor | C | R | R | R | R | R | R | L | R | C | SPC; P; Sec.
61-12-236 |
|||||||||||||||||||
| Veterinary clinic for small animals | R | R | R | R | R | R | R | R | L | R | R | R | Section 50-12-321 | ||||||||||||||||||
| All other | C | C | C | C | C | C | C | C | C | L | C | C | C | C | C | ||||||||||||||||
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Amended by Ord. No. 05-19 (JCC 9/25/2018, Passed 4/2/2019, Approved 4/3/2019, Published 5/31/2019, Effective 6/8/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Regulations regarding industrial service uses are as follows:
| Use Category | Specific Land Use | Residential | Business | Industrial | Special and Overlay | Standards General (Art. XII, Div. 2) Specific (Art. XII, Div. 3) |
|||||||||||||||||||||||||
| R1 | R2 | R3 | R4 | R5 | R6 | B1 | B2 | B3 | B4 | B5 | B6 | M1 | M2 | M3 | M4 | M5 | PD | P1 | PC | PCA | TM | PR | W1 | SD1 | SD2 | SD3 | SD4 | SD5 | |||
| Industrial service | Blueprinting shop | C | R | R | R | R | R | R | R | R | L | R | R | C | Section 50-12-333 | ||||||||||||||||
| Boiler repairing | C | R | R | R | R | L | Section 50-12-458 | ||||||||||||||||||||||||
| Construction equipment, agricultural implements, and other heavy equipment repair or service | C | R | R | R | L | R | Section 50-12-458 | ||||||||||||||||||||||||
| Contractor: yard, landscape or construction | R | R | R | R | R | R | L | R | Section 50-12-458 | ||||||||||||||||||||||
| Junkyard | C | C | L | C | SWFRC; Section 50-12-341 | ||||||||||||||||||||||||||
| Laundry, industrial | C | R | R | R | R | L | R | ||||||||||||||||||||||||
| Lumber yard | R | R | R | R | R | R | L | R | Section 50-12-343 | ||||||||||||||||||||||
| Machine shop | C | C | C | R | R | R | L | C | C | Sections 50-12-363, 50-12-458 | |||||||||||||||||||||
| Outdoor storage yard | C | R | R | L | Sections 50-12-344, 50-12-458 | ||||||||||||||||||||||||||
| Pet crematory | R | R | R | R | R | ||||||||||||||||||||||||||
| Research facilities | L | R | |||||||||||||||||||||||||||||
| Tires, used; sales and/or service | C | C | C | C | C | C | L | C | Section 50-12-350 | ||||||||||||||||||||||
| Tool sharpening or grinding | C | R | R | R | R | L | R | Section 50-12-516 | |||||||||||||||||||||||
| Towing service storage yard | C | C | C | C | C | L | C | Section 50-12-352 | |||||||||||||||||||||||
| Trade services, general | C/R | R | R | R | R | R | R | R | R | L | R | C/R | C/R | Section 50-12-353 | |||||||||||||||||
| Truck stops | C | C | C | C | L | Section 50-12-519 | |||||||||||||||||||||||||
| Used vehicle parts sales | C | C | C | L | Section 50-12-356 | ||||||||||||||||||||||||||
| Welding shops | C | C | C | C | R | R | R | L | C | C | |||||||||||||||||||||
| All other | C | C | L | ||||||||||||||||||||||||||||
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Regulations regarding manufacturing and production uses are as follows:
| Use Category | Specific Land Use | Residential | Business | Industrial | Special and Overlay | Standards General (Art. XII, Div. 2) Specific (Art. XII, Div. 3) |
|||||||||||||||||||||||||
| R1 | R2 | R3 | R4 | R5 | R6 | B1 | B2 | B3 | B4 | B5 | B6 | M1 | M2 | M3 | M4 | M5 | PD | P1 | PC | PCA | TM | PR | W1 | SD1 | SD2 | SD3 | SD4 | SD5 | |||
| Manufacturing and production | Abattoir, slaughterhouse | C | C | C | L | Sections 50-12-331, 50-12-458 | |||||||||||||||||||||||||
| Baling of waste paper or rags | R | C | R | R | R | R | L | R | Sections 50-12-332, 50-12-458 | ||||||||||||||||||||||
| Chemical materials blending or compounding but not involving chemicals manufacturing | C | R | R | R | L | R | EGLE; Section 50-12-458 | ||||||||||||||||||||||||
| Confection manufacture | C/R | R | C/R | C | R | C | R | R | R | R | L | R | R | R | C | GRT; Sections 50-12-334, 50-12-458 | |||||||||||||||
| Dental products, surgical, or optical goods manufacture | C | C | C | C | R | R | R | R | L | R | C | GRT; Sections 50-12-335, 50-12-458 | |||||||||||||||||||
| Food catering establishment | C/R | R | C/R | R | R | R | R | R | R | R | L | R | R | R | C | Sections 50-12-336, 50-12-458 | |||||||||||||||
| High-impact manufacturing or processing as defined in Section 50-16-242 | C | R | R | L | Section 50-16-242 | ||||||||||||||||||||||||||
| High/medium-impact manufacturing or processing as defined in Section 50-16-242 | C | C | R | R | R | L | R | C | C | Sections 50-12-362, 50-16-242 | |||||||||||||||||||||
| Ice manufacture | C | R | R | R | R | R | L | R | GRT; Section 50-12-458 | ||||||||||||||||||||||
| Jewelry manufacture | R | R | C/R | C | R | R | R | R | R | L | R | R | R | GRT; Sections 50-12-340, 50-12-458 | |||||||||||||||||
| Lithographing, and sign shops | C/R | R | C /R | C | R | R | R | R | L | R | R | R | C | GRT; Sections 50-12-342, 50-12-458 | |||||||||||||||||
| Low/medium-impact manufacturing or processing as defined in Section 50-16-284 | R | R | R | C | R | R | R | R | L | R | R | R | Sections 50-12-361, 50-12-458 | ||||||||||||||||||
| Low-impact manufacturing or processing as defined in Section 50-16-284 | R | R | R | R | C | R | R | R | R | L | R | R | R | C | Sections 50-12-359, 50-12-458 | ||||||||||||||||
| Newspaper (daily) publishing or printing | R | R | R | R | R | R | L | R | R | Section 50-12-458 | |||||||||||||||||||||
| Outdoor operations of all manufacturing and production land uses | C | C/R | C/R | L | Sections 50-12-344, 50-12-458 | ||||||||||||||||||||||||||
| Research or testing laboratory | C | C | R | R | R | R | R | R | L | R | Sections 50-12-348, 50-12-458 | ||||||||||||||||||||
| Salt works | C | C | L | IRC | |||||||||||||||||||||||||||
| Toiletries or cosmetic manufacturing | C | C | C | R | R | R | R | L | R | GRT; Section 50-12-458 | |||||||||||||||||||||
| Tool, die, and gauge manufacturing | C | C | R | R | R | R | L | R | GRT; Sections 50-12-351, 50-12-458 | ||||||||||||||||||||||
| Very high-impact manufacturing or processing as defined in Section 50-16-441 | C | C | L | C | EGLE; IRC | ||||||||||||||||||||||||||
| Wearing apparel manufacturing | R | R | C /R | C | C | R | R | R | R | L | R | R | R | GRT; Sections 50-12-360, 50-12-458 | |||||||||||||||||
| All other | C | C | L | ||||||||||||||||||||||||||||
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Regulations regarding medical marijuana facilities and adult-use marijuana establishments are as follows:
| Use Category | Specific Land Use | Residential | Business | Industrial | Special and Overlay | Standards General (Art. XII, Div. 2) Specific (Art. XII, Div. 3) |
|||||||||||||||||||||||||
| R1 | R2 | R3 | R4 | R5 | R6 | B1 | B2 | B3 | B4 | B5 | B6 | M1 | M2 | M3 | M4 | M5 | PD | P1 | PC | PCA | TM | PR | W1 | SD1 | SD2 | SD3 | SD4 | SD5 | |||
| Medical
Marijuana Facilities and Adult-Use Marijuana Establishments |
Designated marijuana
consumption establishment |
C | C | C | C | C | C | C | C | L | C | ||||||||||||||||||||
| Marijuana grower facility | C | C | C | C | C | L | |||||||||||||||||||||||||
| Marijuana microbusiness | C | C | C | C | C | C | C | C | L | C | |||||||||||||||||||||
| Marijuana processor facility | C | C | C | C | C | C | L | ||||||||||||||||||||||||
| Marijuana retail/provisioning
facility |
C | C | C | C | C | C | C | C | L | C | |||||||||||||||||||||
| Marijuana safety
compliance facility |
C | C | C | C | C | C | C | C | C | L | C | ||||||||||||||||||||
| Marijuana secure
transporter facility |
C | C | C | C | C | C | C | L | |||||||||||||||||||||||
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
(a) Restrictions on the location of the use may in some cases require presentation of a valid petition signed by nearby property owners and other parties, as indicated below:
(1) Amusement parks, see Section 50-12-211 of this Code.
(2) Concert cafés and concert halls, see Sec. 50-12-317 of this Code.
(3) Controlled Uses, see Sec. 61-3-312 of this Code.
(4) Dance halls, public, see Sec. 61-3-272 of this Code.
(5) Firearms target practice ranges, see Sec. 61-12-164 of this Code.
(6) Go-cart tracks, see Sec. 61-12-166 of this Code.
(7) Golf courses, miniature, see Sec. 61-12-167 of this Code.
(8) Motor vehicle filling stations, see Sec. 61-12-190 of this Code.
(9) Motorcycle clubs, see Sec. 61-12-224(5) of this Code; for motorcycle sales, rental, or service establishments, see Sec. 61-12-217 of this Code.
(10) Pawnshops, see Sec. 61-3-272 of this Code.
(11) Rebound tumbling centers, see Sec. 61-12-225 of this Code.
(12) Recreation facilities, commercial (selected), see Sec. 61-12-226 of this Code.
(13) Rental halls see Sec. 61-12-227 of this Code.
(b) In accordance with Section 2-111 of the 2012 Detroit City Charter, the Buildings, Safety Engineering and Environmental Department shall adopt rules and regulations which govern verification of the petition that may be required by this Chapter. The rules shall provide, among other things, that the circulator of the petition who is requesting a waiver shall not be less than eighteen (18) years of age and shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with such rules, that the circulator personally witnessed the signatures on the petition, and that such signatures were affixed to the petition by the persons whose name appeared thereon.
(c) Where a petition is required for a use that also requires a public hearing, no hearing shall be scheduled at the Buildings, Safety Engineering and Environmental Department or at the Board of Zoning Appeals until the petition has been verified by the Buildings, Safety Engineering and Environmental Department.
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Regulations regarding spacing of retail, service, and commercial uses are as follows:
| Use Type | Minimum Distance from Same Use Type (Existing or Approved) | Minimum Distance from Other Use Types (Existing or Approved) | Comment |
| Amusement park | N/A | - Residentially zoned area: 2,500 feet | Section 50-12-211 |
| Concert café and concert hall | N/A | - Residentially zoned area: 500 feet | Section 50-12-317(3) |
| Firearms target practice range, indoor | N/A | - Residentially zoned area: 500 feet | Section 50-12-224 |
| Go-cart | N/A | - Residentially zoned area: 500 feet | Section 50-12-226 |
| Golf course, miniature | N/A | - Residentially zoned area: 500 feet | Section 50-12-227 |
| Motor vehicle filling station, not possessing locational suitability | 1,000 feet | N/A | Sections 50-12-135, 50-12-258 through 50-12-262 |
| Motor vehicle, used, salesroom or sales lot | 1,000 feet | N/A | Sections 50-12-293, 50-12-517 |
| Motorcycle club | N/A | - Residentially zoned area: 500 feet | Section 50-12-306(5) |
| Motorcycle rentals | N/A | - Residentially zoned area: 500 feet | Section 50-12-297 |
| Rebound tumbling center | N/A | - Residentially zoned area: 500 feet | Section 50-12-307 |
| Recreation, facilities, commercial (selected) | N/A | - Residentially zoned area: 500 feet | Section 50-12-308 |
| Rental hall | N/A | - Residentially zoned area: 500 feet | Section 50-12-309 |
| - (Inside Central Business District only) Rental hall and public dance hall; 1,000 feet | |||
| Restaurant, carry-out or fast-food | N/A | School (not including educational institutions): 500 feet | Sections 50-12-136, 50-12-310 |
| Restaurant, standard | N/A | School (not including educational institutions): 500 feet | Sections 50-12-135, 50-12-136, 50-12-311 |
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Regulations regarding spacing of other uses are as follows:
| Use Type
|
Minimum Distance from Same Use Type (Existing or Approved) | Minimum Distance from Other Use Types (Existing or Approved) | Comment |
| Adult uses/sexually- oriented business |
1,000 radial feet | - Zoning lot zoned R1, R2, R3, R4, R5, R6, residential PD: 1,000 feet;
- Residentially developed zoning lot in SD1, SD2, and SD4 Districts: 1,000 feet; - Elementary, middle, or high school: 1,000 feet; - Park, playlot, playfield, playground, recreation center, youth activity center: 1,000 feet; - Religious institution identified as exempt by the City Assessor: 1,000 feet - Regulated use: 1,000 feet |
Section 50-3-504 |
| Designated marijuana consumption establishment | 1000 radial feet | - Drug free zone
- Religious institution by the City Assessor: 1000 radial feet - Marijuana retail/ provisioning center facility: 1000 radial feet - Marijuana microbusiness: 1000 feet - Controlled uses: 1000 radial feet |
|
| Marijuana grower facility | Drug-free zone | Section 50-3-535 | |
| Marijuana microbusiness | 1000 radial feet | - Drug free zone
- Religious institution identified as exempt by the City Assessor: 1000 radial feet - Marijuana retail/ provisioning center facility: 1000 radial feet - Designated marijuana consumption establishment: 1000 feet - Controlled uses: 1000 radial feet |
|
| Marijuana processor facility | Drug-free zone | Section 50-3-535 | |
| Marijuana retail/provisioning facility | 1000 radial feet | - Drug-free zone
- Religious institution identified as exempt by the City Assessor: 1000 radial feet - Designated marijuana consumption establishment: 1000 feet - Marijuana microbusiness: 1000 radial feet - Controlled uses: 1000 radial feet |
|
| Marijuana secure transporter | Drug-free zone | Section 50-3-535 |
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
Regulations regarding spacing of regulated uses are as follows:
| Use Type | Minimum Distance from Regulated Uses (Existing or Approved) | Minimum Distance from Other Use Types (Existing or Approved) or Zoning District | Comment |
| Brewpub outside the Central Business District and SD2 District and microbrewery outside the Central Business District and SD2 District and small distillery or small winery outside the Central Business District and SD2 District that serves alcohol for consumption on the premises | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; Any 1 adult use and any 1 regulated use: 1,000 feet. | Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-217 |
| Cabaret, outside the Central Business District and SD2 District | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; any 1 adult use and any 1 regulated use: 1,000 feet. | Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-218 |
| Dance hall, public, outside the Central Business District | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; any 1 adult use and any 1 regulated use: 1,000 feet; residentially zoned area: 500 feet. | Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-219 |
| Establishment for the sale of beer or alcoholic liquor for consumption on the premises, outside the Central Business District and outside the SD1, SD2 and SD5 Districts | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; any 1 adult use and any 1 regulated use: 1,000 feet. | Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-220 |
| Lodging house, public | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; any 1 adult use and any 1 regulated use: 1,000 feet. | Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-230 |
| Motel | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; any 1 adult use and any 1 regulated use: 1,000 feet. | Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-233 |
| Pawnshop | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; any 1 adult use and any 1 regulated use: 1,000 feet; residentially zoned area: 500 feet. | Section 50-3-322(2); Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-302 |
| Plasma donation center | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; Any 1 adult use and any 1 regulated use: 1,000 feet. | Article III, Division 8, Subdivision C; Section 50-12-135 |
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) Except for Controlled Uses, only the Board of Zoning Appeals may adjust the spacing requirements between land uses, as provided for in the tables in Section 50-12-129, Section 50-12-130, Section 50-12-131, and Section 50-12-134 of this Code, as a “locational variance” in accordance with the criteria specified in Section 50-4-121 of this Code and where the proposed use satisfies all the following conditions:
(1) The proposed use will comply with all applicable regulations of this Code;
(2) The proposed use will not be contrary to the public interest or injurious to nearby properties in the proposed location, and the spirit and intent of the purpose of the spacing regulations will still be observed;
(3) The proposed use will not aggravate or promote a deleterious effect upon adjacent areas through causing or encouraging blight, and will not discourage investment in the adjacent areas or cause a disruption in neighborhood development; and
(4) The establishment of the use in the area will not be contrary to any program of neighborhood conservation or interfere with any program of urban renewal.
(b) The spacing and locational requirements for adult uses, as specified in Section 50-3-504 and Section 50-12-132 of this Code, for medical marijuana facilities, and for adult-use marijuana establishments as specified in Article III, Division 12 of this Code, may not be waived. The “drug-free zone” spacing requirement for marijuana grower facilities, marijuana processor facilities, medical marijuana retailer/provisioning centers, and marijuana secure transporter facilities, as specified in Section 50-3-535 and Section 50-12-132 of this Code, may not be waived.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019);
Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
(a) The prohibition that relates to the location of a use, referenced in the tables in Section 50-12-129 through Section 50-12-134 of this Code, within 500 radial feet of a school site may be waived by:
(1) The Buildings, and Safety Engineering, and Environmental Department, provided that the proposed use is at least 450 radial feet from the school site; or
(2) The Board of Zoning Appeals where the proposed use is less than 450 radial feet from the school site.
(b) The waiver of the prohibition is subject to a finding based on evidence presented at a public hearing that the establishment of the use will not impede the normal and orderly development, operation, and improvement of the school.
(c) Such waiver shall be documented by a statement of facts upon which such determination was made and shall indicate that such use would not be injurious or harmful to the school.
(d) The prohibition that relates to the location of designated marijuana consumption establishments, marijuana grower facilities, marijuana microbusinesses, marijuana processor facilities, marijuana retail/provisioning facilities, and marijuana secure transporter facilities within 1,000 feet of a school, among other uses specified in a “drug-free zone,” as defined in Section 50-3-535 of this Code and referenced in the table of Section 50-12-132 of this Code, must not be waived by either the Buildings, Safety Engineering, and Environmental Department, or the Board of Zoning Appeals, as applicable.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
In order to encourage the preservation and reuse of existing commercial and industrial structures, and to encourage live-work situations, loft conversions and mixed-use commercial-residential uses are permitted in many zoning districts, even in certain districts where new residential construction is prohibited, subject to the following.
(1) Loft conversions are prohibited in the R1 and R2 Districts except where developed under the “School building adaptive reuses” provision as defined in Section 50-16-381 of this Code.
(2) Lofts in the B6, M1, M2, M3, M4, and SD4 Districts are subject to review by the Loft Review Committee as provided for in Article II, Division 6, Subdivision C, of this chapter.
(3) Similarly, single-family dwellings, two-family dwellings, and multiple-family dwellings are permitted in commercial or industrial structures combined with those permitted Retail, Service, and Commercial uses specified in Division 1, Subdivision D of this Article, except for “adult uses/sexually oriented businesses” as specified in Section 50-12-108 of this Code. For example, although a single-family detached dwelling is not permitted by right in the R6 District, a doctor’s office that has an apartment is permitted by right as a “Residential use combined in structures with permitted commercial uses.” In addition, in industrial zoning districts where new residential construction is prohibited, an existing building with a hardware store on the ground floor, for example, and residential units on the upper floor could be reoccupied on a Conditional Use basis and without the need for approval by the Board of Zoning Appeals.
(4) In B2 and B3 Districts, lofts are permissible on a by-right basis only where located in a Traditional Main Street Overlay area and combined in a structure with permitted commercial or industrial uses, and otherwise are permissible conditionally.
(5) In B4 Districts, lofts are permissible on a by-right basis only where located in the Central Business District or in a Traditional Main Street Overlay Area, and otherwise are permissible conditionally.
(6) In B2, B3, and B4 Districts, residential uses combined in structures with permitted commercial uses are permissible on a by-right basis only where located in a Traditional Main Street Overlay Area, and otherwise are permissible conditionally.
(7) In M1, M2, M3, and M4 Districts, new construction of a “residential use combined with permitted commercial uses’ is limited to not more than two residential units. However, any time three or more residential units are combined with permitted commercial uses in an existing
commercial or industrial structure in the B6, M1, M2, M3, M4, or SD4 District, the use shall be subject to the review of the Loft Review Committee as provided for in Article II, Division 6, Subdivision C, of this Chapter.
(8) In the SD4 District, specially designated merchant’s (SDM) establishments and specially designated distributor’s (SDD) establishments are permitted when incidental to, accessory to, and on the same zoning lot as a loft development that has not fewer than 50 dwelling units.
(9) In designated Traditional Main Street Overlay Areas, as provided in Section 50-11-382 of this Code, residential uses, combined in structures with commercial or industrial uses that are permitted by right in the respective zoning district shall be permitted by right.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Multi-family dwellings shall be subject to the following requirements:
(1) In the R2 District, such uses shall have a maximum of eight dwelling units, except where developed under the “school building adaptive reuse” provision as defined in Section 50-16-381 of this Code;
(2) In the R3 District, multiple-family dwellings, where fewer than 50 percent of the units are efficiency units, are permitted by right; multiple-family dwellings, where 50 percent or more of the units are efficiency units, are a Conditional Use;
(3) In the B5 District, ground-floor commercial uses shall be required along at least fifty percent of the building façade fronting Woodward Avenue, and may be required in other portions of the B5 District;
(4) The required recreational space ratios for multi-family dwellings are listed as follows:
a. R3 District: 0.12;
b. R4 District: 0.10;
c. R5 District: 0.085;
d. R6 District: 0.07;
e. SD1 District: 0.07;
f. SD2 District: 0.07.
(See Section 50-13-239 of this Code for information on recreational space requirements.)
(5) For certain permitted accessory uses in the R5, R6, and B1 Districts, see Section 50-12-514 of this Code;
(6) In the B5 and PCA districts, multiple-family dwellings that have ground floor commercial space or other space oriented to pedestrian traffic are permitted by right. Multiple-family dwellings not having such ground floor space are a conditional use;
(7) Multiple-family dwelling developments that exceed 12 units are subject to site plan review as provided for in Section 50-3-113 of this Code;
(8) In the SD4 District, specially designated merchant’s (SDM) establishments and specially designated distributor’s (SDD) establishments are permitted when incidental to, accessory to, and on the same zoning lot as a multiple-family dwelling, that have not fewer than 50 dwelling units;
(9) Multiple-family dwellings for the elderly as defined in Sec. 50-16-304 of this Code, are subject to a lesser off-street parking requirement than other multiple-family dwellings. Where a multiple-family dwelling for the elderly converts to a general population multiple-family dwelling, the full off-street parking requirement must be satisfied.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Basic utility facilities and major utility facilities shall be subject to the following requirements:
(1) Service or storage yards tor any electric transformer station, gas regulator station, telephone exchange building, water work, reservoir, pumping station, or filtration plant, shall not be permitted, except in the B5, B6, M1, M2, M3, M4, M5 and TM Districts;
(2) In the R1, R2, R3, R4, R5, R6, residential PD, PR and SD1 Districts:
a. Basic utilities shall be permitted only when operating requirements mandate that they be located within the district in order to serve the immediate vicinity: and
b. Outdoor service or storage yards shall not be permitted;
(3) In the SD4 District, the following uses shall be subject to site plan review as provided for in Section 50-3-113(8) of this Code, and subject to review as to the appropriateness of exterior design:
a. Electric transformer stations;
b. Gas regulator stations;
c. Telephone exchange buildings; and
d. Water works, reservoirs, pumping stations, and filtration plants.
(4) In the PR District, the only major utility that shall be permitted is a pumping station without on-site employees.
(5) Solar generation stations are limited to the PD and PR zoning districts; reasonable and appropriate conditions relative to the following factors may be attached to any approval:
a. Height of installation;
b. Setback from rights-of-way and adjacent properties and uses;
c. Screening from rights-of-way and adjacent properties and uses;
d. Landscaping;
e. Glare mitigation;
f. Noise;
g. Safety/access; site security;
h. Location of on-site power lines;
i. Lighting;
j. Notice for purpose of identification and warning;
k. Removal requirements upon abandonment/decommissioning;
l. Stormwater management;
m. Construction period impacts;
n. General site maintenance;
o. Off-street parking.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Bed and breakfast inns shall be subject to the following requirements:
(1) The primary use of a bed and breakfast must be as a residence for the owner or manager who operates and occupies the structure. The bed and breakfast facility may have up to ten bedrooms for the use of transient guests for compensation and by pre-arrangement;
(2) The exterior appearance of the structure shall not be altered from its residential district character;
(3) Parking shall be arranged so as not to create negative noise or light impacts on properties adjacent or across an alley, or to necessitate on-street parking. (See off-street accessory parking schedule in Section 50-14-54 of this Code);
(4) Each sleeping room shall have a separate smoke alarm as required in Chapter 8, Article II, of this Code, Building Code;
(5) A fire escape plan shall be developed and graphically displayed in each guest room;
(6) A minimum of one fire extinguisher, in proper working order, shall be located on each floor;
(7) The establishment shall contain at least two exits to the outdoors;
(8) No guest room shall be located in a basement or cellar;
(9) No transient occupant shall reside on the premises for more than 100 days in any continuous period of 120 days;
(10) Lavatories and bathing facilities shall be available to all persons using the premises;
(11) No separate or additional kitchen facilities shall be provided for the guests;
(12) Retail sales are not permitted beyond those activities serving the registered overnight patrons;
(13) Meals shall not be served to the public at large but only to registered guests. Meal preparation and service shall conform with all applicable public health requirements of the Michigan Public Health Code, being MCL 333.1101 et seq., and of this Code;
(14) In the R3 and R4 Districts, no receptions, private parties, conferences, or activities for which a fee is paid shall be permitted, except for those which involve only registered guests;
(15) Outdoor rubbish or trash facilities beyond what might normally be expected for a residential structure shall be prohibited; and
(16) Bed and breakfast inns shall be licensed as such by the Buildings, Safety Engineering and Environmental Department Business License Center as provided for in Chapter 36 of this Code, Public Lodging.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Brewpubs and microbreweries and small distilleries and small wineries are subject to the following provisions:
(1) Regulated Use provisions of Article III, Division 8, of this chapter where there is consumption of beer or alcoholic liquor on the premises, located outside of the Central Business District and outside the SD2 District; however, a brewpub, microbrewery, small distillery, or small winery operating in conjunction with and located
on the same zoning lot as a standard restaurant, as defined in Section 50-16-362 of this Code, shall not be considered a Regulated Use, as provided in Section 50-3-323(1) of this Code;
(2) Controlled use provisions of Article III, Division 9, of this chapter where beer or wine or alcoholic liquor are sold to the general public for consumption off the premises at a brewpub or small distillery or small winery;
(3) In the M1, M2, M3, and M4 Districts, where a brewpub, microbrewery, small distillery, or small winery is classified as a regulated use or a controlled use, the use may be permitted on a conditional basis; where a brewpub, microbrewery, small distillery, or small winery in an M1, M2, M3, or M4 District is not classified as either a regulated use or controlled use, the use may be permitted on a by-right basis;
(4) In the SD1 District, a brewpub or microbrewery or small distillery or small winery may be permitted on a by-right basis where not exceeding 3,000 square feet and are not located adjacent to or across an alley from a lot containing a single-or two- family swelling that is located on a street other than a major thoroughfare, and on a conditional basis where such uses exceed 3,000 square feet or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare.
(5) In the B3 District, a brewpub or microbrewery or small distillery or small winery is permissible by-right where located within a Traditional Main Street Overlay Area.
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) Cabarets are subject to the licensing provisions of Chapter 5, Article III, of this Code, Amusements and Entertainments.
(b) In the B2 District, a cabaret is permissible conditionally only where located in a Traditional Main Street Overlay Area.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Establishments for the sale of beer or alcoholic liquor for consumption on the premises are subject to the following
provisions:
(1) Regulated Use provisions of Article III, Division 8, of this chapter if not located in the Central Business District or SD1, SD2, or SD5 districts, or where not operating in conjunction with and located on the same zoning lot as a standard restaurant, as defined in Section 50-16-362 of
this Code;
(2) Establishments for the sale of beer or alcoholic liquor for consumption on the premises are permitted conditionally in the R5 District and by right in the R6 District only where they are located in a multiple-family dwelling, hotel, or motel that has at least 50 units and, provided, that the establishment for consumption on the premises:
a. Does not exceed 2,000 square feet in gross floor area;
b. Is accessible only from the interior of the building; and
c. Has no advertising or display of said use visible from the exterior of the building.
(3) In the B2 District, establishments for the sale of beer or alcoholic liquor for consumption on the premises are permissible conditionally only if located inside a Traditional Main Street Overlay Area.
(4) In the SD1 District, establishments for the sale of beer or alcoholic liquor for consumption on the premises shall be permitted on a by-right basis where such establishments do not exceed 3,000 square feet and are not located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare, and on a conditional basis where such establishments do exceed 3,000 square feet or are located adjacent to or across an alley from a lot containing a single- or two-family dwelling that is located on a street other than a major thoroughfare.
(5) In the B2 District, establishments for the sale of beer or alcoholic liquor for consumption on the premises are not permitted either by right or as a conditional use, in accordance with Article IX, Division 3, of this chapter, except where located in a Traditional Main Street Overlay Area; while such establishments are generally prohibited on land zoned B2 as a standalone use, standard restaurants, as defined in Section 50-16-362 of this Code, located on land zoned B2, may provide for the sale of beer or alcoholic liquor for consumption on the premises.
(6) The gross floor area specifications set forth in this section may not be waived by the Board of Zoning Appeals.
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
The following standards and requirements shall apply to signs for motor vehicle filling stations.
(1) All building walls and fences, or walls that surround the property, shall be kept clean and free from all banners, posters, advertising materials, temporary signage and graffiti:
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Salesrooms or sales lots for used motor vehicles shall be subject to the following requirements:
(1) The facility shall be adequate in size for the display and sale of not fewer than 12 used motor vehicles; all display spaces shall measure not less than nine feet by 20 feet, exclusive of unusable space and drives or aisles which give access to the space; aisle ways that adjoin display spaces shall comply with the dimensional standards for width as specified in Section 50-14-232 of this Code.
(2) All used motor vehicles for sale shall be in operable condition.
(3) All outdoor areas shall be either landscaped, in accordance with Article XIV, Division 2, Subdivision B, of this chapter, or paved.
(4) All lighting shall be directed so as not to shine upon land zoned R1, R2, R3, R4, R5, R6, or residential PD.
(5) The premises shall have proper curb cuts for entrances and exits.
(6) The premises shall be screened by six-foot-high opaque walls where adjacent to, or across an alley from, land zoned R1, R2, R3, R4, R5, R6, or residential PD, in accordance with the Section 50-14-367 of this Code.
(7) A suitable building of a permanent nature shall be erected, that has at least 200 square feet of gross floor area, is constructed of wood, masonry, or other approved building material, and sits on a proper foundation, except that frame and all metal buildings less than 200 square feet of gross floor area may be erected as provided for in Chapter 8, Article II, of this Code, Building Code. In the event of cessation of used motor vehicle sales, said accessory uses may not continue, except upon issuance of a permit for said uses as the principal use of the land, which is subject to a conditional use public hearing where such is specified in the zoning districts use lists.
(8) Vehicle preparation shall be permitted as an accessory use at the time of establishment of the used motor vehicle salesroom or sales lot, provided, that major motor vehicle services or minor motor vehicle services on the premises of the used motor vehicle salesroom or sales lot shall only be permitted upon issuance of a permit for the service facilities as a principal land use in conjunction with the salesroom or sales lot, which is subject to a conditional use public hearing where such is specified in the zoning districts use lists for said service facilities.
(9) All used motor vehicle salesrooms or sales lots shall be licensed in accordance with Chapter 41 of this Code, Secondhand Goods.
(10) In the SD4 District, used motor vehicle sales are prohibited, except where incidental and accessory to a new car dealership.
(11) Where used motor vehicles are sold on the same zoning lot upon which used tire sales are conducted, a separate principal land use permit is required for used tire sales; the outdoor storage of used tires is prohibited.
(12) All used motor vehicle salesrooms or sales lot shall be established and located along a major thoroughfare only, as identified in the Master Plan.
(13) All used motor vehicle salesrooms or sales lots shall be subject to site plan review as specified in Section 50-3-113 of this Code.
(14) It is unlawful for any used motor vehicle salesroom or sales lot to display motor vehicles on the berm, sidewalk, or elsewhere in the public right-of-way.
(15) As specified in Section 50-12-131 of this Code, no new and/or newly established used motor vehicle salesroom or sales lot shall be located within 1,000 radial feet of any existing used motor vehicle salesroom or sales lot located within or outside of the City’s boundaries.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Rental halls shall be subject to the following provisions:
(1) Rental halls shall be prohibited within five hundred (500) feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD. Said prohibition shall be waived upon presentation to the Buildings, Safety Engineering and Environ mental Department of a verified petition requesting such waiver, signed by two-thirds (2/3) of those person owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as “unimproved.” within five hundred (500) feet of the proposed location;
(2) In the Central Business District, rental halls shall be prohibited within one thousand (1,000) feet of any other rental hall or public dance hall; and
(3) Rental halls are subject to the licensing requirements of Chapter 46 of this Code; and
(4) Rental halls not exceeding 3.000 square feet are permitted by-right in the SD1 District: rental halls that exceed 3,000 square feet are permitted on a conditional basis in SD1. This provision may not be waived by the Board of Zoning Appeals.
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Amended by Ord. No. 20-19 (JCC 6/18/2019, Passed 7/16/2019, Approved 7/22/2019, Published 7/30/2019, Effective 8/7/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Standard restaurants shall be subject to the spacing provisions of Section 50-12-131 of this Code and to the following requirements:
(1) Such uses may include the sale of beer or alcoholic liquor for consumption on the premises and shall not constitute a regulated use;
(2) Points of vehicular ingress and egress shall be determined by the Department of Public Works, Traffic Engineering Division;
(3) Except as provided in Subsection (5) of this section, food consumption upon the premises outside the restaurant shall be prohibited, and, where deemed advisable by the enforcing official to assure compliance with this prohibition, the premises shall be properly posted with signs stating that the consumption of foods, frozen desserts, or beverages within vehicles parked upon the premises is unlawful and that violators are subject to fines as prescribed by law. A minimum of two such signs shall be posted within the building near the checkout counter of the restaurant, and a minimum of four such signs shall be posted within the parking area so as to be clearly visible from all vehicles on the premises;
(4) Drive-up, drive-through facilities may be provided in the B3 and B4 Districts only where approved as conditional uses and subject to the provisions for vehicle stacking in Article XIV, Division 1, Subdivision H, of this chapter. Where practicable, there shall be at least one temporary vehicle slopping space after the delivery window so motorists may prepare themselves for a safe exit onto the public roadway. In accordance with Article IX and Article XI of this chapter, in the B2, PCA, SD1, SD2, and SD4 Districts, such drive-through facilities are prohibited; this regulation may not be waived by the Board of Zoning Appeals. In the M2, M3, M4, and TM Districts, such drive-through facilities are permitted by right, subject to the provisions of Article XIV, Division 1, Subdivision H, of this chapter. Standard restaurants with drive-up or drive-through facilities are prohibited on any zoning lot abutting a Gateway Radial Thoroughfare; this regulation may not be waived by the Board of Zoning Appeals;
(5) Designated outdoor eating areas, such as in a courtyard or on a roof or deck, may be provided in the B2, B3, or B4 District only where approved as conditional uses, except in a Traditional Main Street Overlay Area, where outdoor eating areas that are on the front or in front of the building shall be permitted on a matter of right basis. Such feature may be provided on a by-right basis in those other zoning districts where standard restaurants are permitted by right. Designated outdoor eating areas shall be added to the gross floor area of the building for purposes of computing off-street parking requirements. Outdoor eating areas shall not be designated in required parking areas; and
(6) Any standard restaurant operating as a coffee house is subject to the licensing provisions of Chapter 5, Article V, of this Code, Amusements and Entertainments.
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) Truck driving schools are subject to the noise provisions of Chapter 16, Article I of this Code and are excluded from the “School building adaptive reuses” provision as defined in Section 50-16-381 of this Code.
(b) Truck driving schools are prohibited on land zoned R5, R6 SD2 and SD4.
(c) On land zoned SD2 and SD4, all activities must occur indoors or to the rear of the building.
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Used goods dealers, and precious metal and gem dealers are subject to the following requirements:
(1) Used goods dealers shall comply with the licensing provisions of Chapter 41, Article VII, of this Code, Secondhand Goods;
(2) Precious metal and gem dealers shall comply with the licensing provisions of Chapter 41, Article III, of this Code,
Secondhand Goods;
(3) Such uses shall not be permitted in the B4 District on any zoning lot abutting a designated Gateway Radial Thoroughfare; and
(4) In the PCA district, used good dealers shall be limited to antique stores and auction houses.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Youth hostel/hostels shall be subject to the provisions of Chapter 36, Public Lodging, Article I, Public Accommodations, Division 1, Generally, Division 3, Hostels, and Division 4, Licenses of the 2019 Detroit City Code.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2019-42 (JCC 9/24/2019, Passed 11/26/2019, Approved 11/27/2019, Published 12/16/2019, Effective 12/24/2019).
(a) In the B2, B3, and B4 Districts, confection manufacturing is permissible by right only if located in a structure not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, and located in a Traditional Main Street Overlay Area. Otherwise, in the B2 District confection manufacturing is permissible conditionally if located in a structure not exceeding 6,000 square feet in gross floor area and prohibited in a structure exceeding 6,000 square feet in gross floor area, in the B3 District confection manufacturing is prohibited, and in the B4 District confection manufacturing is permissible conditionally.
(b) In the SD1 District, confection manufacturing with a minimum of 10 percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, shall not exceed 4,000 square feet in gross floor area.
(c) In the SD2 District, confection manufacturing, with a minimum of 10 percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, shall not exceed 5,000 square feet in gross floor area.
(d) The regulations set forth in this Section may not be modified or waived by the Board of Zoning Appeals.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) In the B2, B3, and B4 Districts, a food catering establishment is permissible by-right only if located in a structure not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, and located in a Traditional Main Street Overlay Area. Otherwise, in the B2 and B4 Districts a food catering establishment is permissible only conditionally, and in the B3 District a food catering establishment is prohibited.
(b) In the SD1 District, food catering establishments not exceeding 4,000 square feet in gross floor area are permitted on a by-right basis.
(c) In the SD2 District, food catering establishments not exceeding 5,000 square feet in gross floor area are permitted on a conditional basis.
(d) The gross floor area specifications set forth in this Section may not be modified or waived by the Board of Zoning Appeals.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) In the B2, B3, and B4 Districts, a jewelry manufacture establishment is permissible by-right only if located in a structure not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, and located in a Traditional Main Street Overlay Area. Otherwise, in the B4 District a jewelry manufacture establishment is permissible conditionally, and in the B2 and B3 Districts a jewelry manufacture establishment is prohibited.
(b) In the SD1 District, jewelry manufacturing establishments shall have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and shall not exceed 4,000 square feet in gross floor area.
(c) In the SD2 District, jewelry manufacturing establishments shall have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and shall not exceed 5,000 square feet in gross floor area.
(d) The regulations set forth in this Section may not be modified or waived by the Board of Zoning Appeals.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) In the B2 and B4 Districts, sign shops shall be prohibited.
(b) In the B2, B3, and B4 Districts, a lithographing shop is permissible by-right only if located in a structure not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, and located in a Traditional Main Street Overlay Area. Otherwise, in the B2 District a lithographing shop is permissible conditionally only if located in a structure not exceeding 4,000 square feet of gross floor area and located outside a Traditional Main Street Overlay Area, in the B3 District a lithographing shop is prohibited, and in the B4 District, a lithographing
shop is permissible conditionally.
(c) In the SD1 District, lithographing and sign shop establishments shall have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and shall not exceed 4,000 square feet in gross floor area.
(d) In the SD2 District, lithographing and sign shop establishments shall have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and shall not exceed 5,000 square feet in gross floor area.
(e) The regulations set forth in this Section may not be modified or waived by the Board of Zoning Appeals.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
General trade services shall be subject to the following provisions:
(1) The term “general trade services” is defined in Section 50-16-402 of this Code;
(2) All material shall be stored within an enclosed building with walls on all sides; and
(3) Cabinet-making, carpenter, and furniture repair or upholstering shops shall be reviewed by the Michigan Department of Environment, Great Lakes, and Energy Air Quality Division as provided for in Section 50-12-122 of this Code.
(4) In the B2 District, general trade services other than cabinet making are permissible by-right only if located in a structure not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, and located in a Traditional Main Street Overlay Area. Otherwise, in the B2 District general trade services other than cabinet making is permissible conditionally.
(5) In the B2 District, cabinet making is permissible conditionally, only if located in a structure not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, and located in a Traditional Main Street Overlay Area.
(6) SD1 District.
a. In the SD1 District, trade services, general, with the exception of cabinet making establishments, shall be permitted on a by-right basis if they have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and do not exceed 4,000 square feet in gross floor area.
b. In the SD1 District, Trade services, general, cabinet making establishments may be permitted on a conditional basis if they have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and do not exceed 4,000 square feet in gross floor area.
c. The regulations set forth in this Subsection may not be modified or waived by the Board of Zoning Appeals.
(7) SD2 District.
a. In the SD2 District, Trade services, general, with the exception of cabinet making establishments, shall be permitted on a by-right basis if they have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and do not exceed 5,000 square feet in gross floor area.
b. In the SD2 District, Trade services, general, cabinet making establishments may be permitted on a conditional basis if they have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and do not exceed 5,000 square feet in gross floor area.
c. The regulations set forth in this Subsection may not be modified or waived by the Board of Zoning Appeals.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) In the B2, B3, and B4 Districts, a low-impact manufacturing or processing facility is permissible by-right only if located in a structure not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, and located in a Traditional Main Street Overlay Area. Otherwise, in the B2, B3, and B4 Districts a low-impact manufacturing or processing facility is prohibited.
(b) In the SD1 District, low-impact manufacturing or processing facilities, with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, shall not exceed 4,000 square feet in gross floor area.
(c) In the SD2 District, low-impact manufacturing or processing facilities, with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, shall not exceed 5,000 square feet in gross floor area.
(d) The regulations set forth in this Section may not be modified or waived by the Board of Zoning Appeals.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) In the B2, B3, and B4 Districts, wearing apparel manufacturing is permissible by-right only if located in a structure not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, and located in a Traditional Main Street Overlay Area. Otherwise, in the B2 and B3 Districts wearing apparel manufacturing is prohibited and in the B4 District wearing apparel manufacturing is permissible conditionally.
(b) In the SD1 District, wearing apparel manufacturing facilities must have a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and shall not exceed 4,000 square feet in gross floor area.
(c) In the SD2 District, wearing apparel manufacturing facilities must have a minimum of 10 percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises and shall not exceed 5,000 square feet in gross floor area.
(d) The regulations set forth in this Section may not be modified or waived by the Board of Zoning Appeals.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) In the B2, B3, and B4 Districts, a low/medium-impact manufacturing or processing facility is permissible by-right only if located in a structure not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, and located in a Traditional Main Street Overlay Area, and limited to any one of the following. Otherwise, in the B2, B3, and B4 Districts a low/medium impact manufacturing or processing facility is prohibited.
(1) Art needlework
(2) Canvas goods manufacture
(3) Cigar or cigarette manufacture
(4) Clock or watch manufacture
(5) Coffee roasting
(6) Door, sash, or trim manufacture
(7) Draperies manufacture
(8) Flag or banner manufacture
(9) Glass blowing
(10) Knit goods manufacturing
(11) Leather goods manufacture or fabrication
(b) In the SD1 and SD2 Districts, the following low/medium-impact manufacturing or processing facilities with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises are permitted:
(1) Art needlework.
(2) Canvas goods manufacture.
(3) Cigar or cigarette manufacture.
(4) Clock or watch manufacture.
(5) Coffee roasting.
(6) Door, sash, or trim manufacture.
(7) Draperies manufacture.
(8) Flag or banner manufacture.
(9) Glass blowing.
(10) Knit goods manufacturing.
(11) Leather goods manufacture or fabrication.
(c) In the SD1 District, such facilities shall not exceed 4,000 square feet in gross floor area.
(d) In the SD2 District, such facilities shall not exceed 5,000 square feet in gross floor area.
(e) The regulations set forth in this Section may not be modified or waived by the Board of Zoning Appeals.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) In the B2 and B4 Districts, a high/medium-impact manufacturing or processing facility is permissible by-right only if limited to furniture manufacturing, located in a structure not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, and located in a Traditional Main Street Overlay Area. Otherwise, in the B2 and B4 Districts a high/medium impact manufacturing or processing facility is prohibited.
(b) In the SD1 and SD2 Districts, high/medium-impact manufacturing or processing facilities with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises may be permitted as a conditional use and are limited to furniture making facilities.
(c) In the SD1 District, furniture making facilities shall not exceed 4,000 square feet in gross floor area.
(d) In the SD2 District, furniture making facilities shall not exceed 5,000 square feet in gross floor area.
(e) The regulations set forth in this Section may not be modified or waived by the Board of Zoning Appeals.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) In the B2 and B4 Districts, a machine shop is permissible by-right only if located in a structure not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, and located in a Traditional Main Street Overlay Area. Otherwise, in the B2 and B4 Districts a machine shop is prohibited.
(b) In the SD1 and SD2 Districts, machine shop facilities with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises may be permitted as a Conditional use.
(c) In the SD1 District, machine shops shall not exceed 4,000 square feet in gross floor area.
(d) In the SD2 District, machine shops shall not exceed 5,000 square feet in gross floor area.
(e) The regulations set forth in this Section may not be modified or waived by the Board of Zoning Appeals.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) In the B2 District, a welding shop is permissible conditionally only if located in a structure not exceeding 4,000 square feet of gross floor area with a minimum of ten percent of the gross floor area being used as a retail store for the sale of the goods produced on the premises, and located in a Traditional Main Street Overlay Area. Otherwise, in the B2 District a welding shop is prohibited.
(b) In the B4 District, a welding shop is permissible conditionally only if located in a structure not exceeding 4,000 square feet of gross floor area. Otherwise, in the B4 District a welding shop is prohibited.
Codified by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Lettering, numbers, symbols, other illustrative markings, or artistic renderings attached to or painted on any antenna are prohibited.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020)
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Adult uses/sexually-oriented businesses shall be subject to the following provisions requirements:
(1) Adult uses/sexually-oriented businesses shall comply with the requirements in Chapter 5, Article XII, of this Code, Sexually Oriented Businesses;
(2) Adult uses/sexually-oriented businesses shall comply with the general development standards of Article XIV of this chapter, pursuant to Section 50-14-2 of this Code; all required parking shall be provided on the same zoning lot as the proposed adult use; and
(3) The establishment of the adult use will not violate any land use prohibition of any adopted development plan as provided in Article IV, Division 1, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Medical marijuana facilities and adult use marijuana establishments are subject to the following:
(1) Medical marijuana facilities and adult-use marijuana establishments must be licensed as such by the State of Michigan, as well as by the City of Detroit in accordance with Chapter 20, Article VI, of this Code and shall be required to have such license prior to its opening for business, and as a condition for its continued operation.
(2) A medical marijuana facility or adult-use marijuana establishment shall not allow loitering inside or outside its premises and shall take care to prevent the transmission of any odors from the medical marijuana facility or adult-use marijuana establishment to the exterior of the licensed premises.
(3) A marijuana grower facility may operate only in a commercial or industrial building that has a building footprint that does not to exceed 30,000 square feet and that is located on a parcel no larger than three acres; a marijuana grower facility may operate in a multi-story building, subject to applicable height limitations. A marijuana grower facility may operate in a building that has a building footprint that exceeds 30,000 square feet but does not exceed 50,000 square feet, regardless of
height, and is located on a parcel no larger than five acres only if the marijuana grower facility is co-located with another medical marijuana facility or another adult-use marijuana establishment.
(4) Marijuana grower facilities must not grow marijuana outdoors.
(5) The provisions of Article III, Division 12, of this chapter.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Only the following accessory uses and structures shall be permitted on an urban garden. All accessory structures shall be subject to the provisions of Article XII, Division 5, of this chapter and also require a building permit where applicable:
(1) Greenhouse;
(2) Farm stands;
(3) Hoophouse or high tunnel, and similar structures used to extend the growing season;
(4) Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, garden art, rainwater catchment systems;
(5) Tool sheds and shade pavilions:
(6) Garages.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Yard or garage sales accessory to a dwelling shall be subject to the following provisions requirements:
(1) A maximum of one yard or garage sale accessory to a dwelling may be held within any 90-day period without need for a permit. In no instance may another yard or garage sale be permitted until 90 days shall have elapsed since the previous sale.
(2) All yard and garage sales shall be conducted so that no goods offered for sale are located on any public street or sidewalk, and so that vehicle and pedestrian traffic on public streets and sidewalks is not obstructed.
(3) Only goods of the property owner or tenant shall be sold.
(4) Yard or garage sales shall be limited to daylight hours and shall last for no longer than three consecutive days.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Repealed by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The following temporary uses are prohibited:
(1) Sales of fireworks as defined in Section 50-16-20 of this Code.
(2) Sales of firearms.
(3) Sales of any materials characterized by an emphasis on specified anatomical areas or specified sexual activities as defined in Section 50-16-384 of this Code.
(4) Medical marijuana facilities and adult-use marijuana establishments.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
In order to provide a clear line of sight for the drivers of approaching motor vehicles, the following requirements shall apply:
(1) On a corner lot in the R1, R2, R3, R4, R5, R6, and residential PD Districts, no opaque fence, wall, hedge, or other structure, shrubbery, mounds of earth or other visual obstruction over 36 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within the “clear vision triangle,” as described in Subsection (3) of this section;
(2) Subsection (1) of this section shall not apply to public utility poles; trees trimmed to the trunk to a line at least six feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view; supporting members of appurtenances to permanent structures existing on the date the ordinance from which this amendment is derived becomes effective; and official warning signs or signals;
(3) The “clear vision triangle” is that area formed by extending the two curb lines a distance of 45 feet from their point of intersection, and connecting these points with an imaginary line, thereby making a triangle;
(4) In cases where streets do not intersect at approximately right angles, the Department of Public Works Traffic Engineering Division shall have the authority to vary these requirements as it deems necessary to provide safety for both vehicular and pedestrian traffic, provided, that site distance in excess of 275 feet shall not be required.
(5) See Section 50-14-381 of this Code.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The following provisions shall apply to B3 and B4 Districts:
(1) The maximum height for each principal use in the B3 and B4 Districts shall not exceed 35 feet;
(2) Where the zoning lot fronts on a street which is 80 feet or more in width, and is designated by the Master Plan as a major or secondary thoroughfare, and where the outer most point of the proposed building on said zoning lot is 40 feet or more from the nearest point of the lot line of all R1, R2, and R3 Districts, the maximum height may be increased, as a matter of right, one foot for each one foot of street width greater than 80 feet, provided, that in no case shall the building exceed 80 feet in height; and
(3) Where the zoning lot fronts on a street which is 80 feet or more in width, and is designated by the Master Plan as a major or secondary thoroughfare, and where the zoning lot abuts, is adjacent to, or across an alley from any zoning district other than an R1, R2, R3 or residential PD District, the maximum height may be increased, by right, one foot for each one foot of street width greater than 80 feet, regardless of the location of the proposed structure, provided, that in no case shall the building exceed 80 feet in height.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The maximum height for each principal use shall not exceed 35 feet; provided, that:
(1) Where the zoning lot fronts on a street which is 80 feet or more in width, and is designated by the Master Plan as a major or secondary thoroughfare, and where the outermost point of the proposed building on said zoning lot is 40 feet or more from the nearest point of the lot line of all R1, R2, and R3 Districts, the maximum height may be increased by right, one foot for each one foot of street width greater than 80 feet, provided, that in no case shall the building exceed 80 feet in height; and
(2) Where the zoning lot fronts on a street which is 80 feet or more in width, and is designated by the Master Plan as a major or secondary thoroughfare, and where the zoning lot abuts or is adjacent to, or across an alley from, any zoning district other than an R1, R2 or R3 District, the maximum height may be increased, by right, one foot for each one foot of street width greater than 80 feet, regardless of the location of the proposed structure, provided, that in no case shall the building exceed 80 feet in height.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Intensity and dimensional standards in the SD1 Special Development District, Residential/Commercial, are as follows:
| Use | Minimum Lot Dimensions |
Minimum Setbacks (feet) |
Max. Height (feet) |
Max. Lot Coverage (%)
|
Max FAR |
Add'l. Regs. |
|||
| Area (sq. ft.) |
Width (feet) |
Front | Side* | Rear | |||||
| Sec. Reference | Section 50-13-222 | Section 50-16-382 | Section 50-16-382 | Section 50-13-231 | Section 50-13-232 | Section 50-13-236 Section 50-13-237 |
|||
| *Formula A = Length (feet) + 2 (height) / 15 *Formula B = Length (feet) + 2 (height) / 6 | |||||||||
| Gas regulator stations, electric transformer stations, telephone exchange buildings | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
||||||
| Establishment for the sale of beer or alcoholic liquor for consumption on the premises | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Fraternity or sorority houses | 7,000
|
70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||
| Hotels | 7,000
|
70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||
| Libraries or museums | 7,000
|
70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||
| Marinas | 20 | 20 | Section 50-13-172 | ||||||
| Multiple-family dwellings | 7,000 | 70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
(0.07 RSR)
|
||
| Neighborhood centers (non-profit) | 7,000 | 70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||
| Outdoor recreation facilities | Section 50-13-211 | ||||||||
| Parking lots or parking areas | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
Article XIV, Division 1, Subdivision I | |||||
| Parking structures |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
Section 50-13-183 | ||||
| Personal service establishment as defined in Section 50-16-341 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Radio, television, or household appliance repair shop | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Religious institutions |
10,000 | 70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||
| Residential use combined in structures with permitted (first floor) commercial uses | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
50, not to exceed 4 stories; see Section 50-11-215 |
|||||
| Restaurants | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Rooming houses | 7,000 | 70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
(0.07 RSR) | ||
| Schools | 10,000 | 70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||
| Single-family dwellings; religious residential facilities | 5,000 | 50 | 20 | 4 ft. minimum/ 14 ft. combined |
30 | 35 | |||
| Specially designated distributor's (SDD) establishments | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Specially designated merchant's (SDM) establishments | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Stores of a generally recognized retail nature whose primary business is the sale of new merchandise | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Townhouses (attached group) | 7,000 | 70
|
20 | Formula A | 30 | 35 | 1.50 | Section 50-13-186 | |
| Agricultural uses | See Section 50-11-215 |
See Section 50-12-409 |
Section 50-12-409 | ||||||
| All mixed use | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
50, not to exceed 4 stories; see Section 50-11-215 |
|||||
| All other uses, other than mixed use | 7,000 | 70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
35 | |||
Trees, shrubs, flowers, fences, walls, hedges, and other landscape features may be located within any required setback. In addition, the following table lists features that may be located within any required setbacks, subject to the specific limitations that are delineated:
| Feature That May Encroach or Project Into Required Setback | Limitation |
| Driveways leading directly to accessory off-street parking and/or loading areas and/or structures and/or pedestrian pick-up/drop-of areas. | No limitations, unless otherwise specified. |
| Access roads leading to accessory parking and/or loading areas and/or structures and/or pedestrian pick-up/drop-off areas. | Does not apply to access roads in R1, R2. |
| Antennas, including satellite dishes in excess of 36 inches in diameter, amateur licensed radio antennas, and similar personal communication device reception towers and facilities | May project into or encroach upon a required front or side setback area only where prohibition of such devices or facilities would substantially interfere with reception to the extent they are rendered inoperable. |
| Awnings, patio covers, and pergolas (attached) |
May not be located less than ten feet from the rear property line and 18 inches from a side property line, measured from the eave, provided, that the roof area does not exceed one-third of the area of the required rear setback. The required setback may be reduced to five feet from the rear property line and 18 inches from a side property line, measured from the eave, provided, that the setback is bounded by a solid masonry fence at least five feet in height. (Detached shade structures and carports are treated as "accessory structures").
|
| Balconies | May project not more than six feet into a front or rear setback, and three feet into a side setback. |
| Bay windows | May project not more than 2.5 feet into a required setback. |
| Carports (attached) | May not be located less than three feet from a side property line, and may not be located in required front setback. In addition, carports shall be designed so as to prevent runoff onto adjacent properties. (See also Section 50-16-151.) |