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).