Chapter 50, Article 12: Use Regulations

Regulations regarding household living uses are as follows:

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:

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:

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:

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:

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:

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:

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:

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:

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).