(a) Restrictions on the location of the use may in some cases require presentation of a valid petition signed by nearby property owners and other parties, as indicated below:
(1) Amusement parks, see Section 50-12-211 of this Code.
(2) Concert cafés and concert halls, see Sec. 50-12-317 of this Code.
(3) Controlled Uses, see Sec. 61-3-312 of this Code.
(4) Dance halls, public, see Sec. 61-3-272 of this Code.
(5) Firearms target practice ranges, see Sec. 61-12-164 of this Code.
(6) Go-cart tracks, see Sec. 61-12-166 of this Code.
(7) Golf courses, miniature, see Sec. 61-12-167 of this Code.
(8) Motor vehicle filling stations, see Sec. 61-12-190 of this Code.
(9) Motorcycle clubs, see Sec. 61-12-224(5) of this Code; for motorcycle sales, rental, or service establishments, see Sec. 61-12-217 of this Code.
(10) Pawnshops, see Sec. 61-3-272 of this Code.
(11) Rebound tumbling centers, see Sec. 61-12-225 of this Code.
(12) Recreation facilities, commercial (selected), see Sec. 61-12-226 of this Code.
(13) Rental halls see Sec. 61-12-227 of this Code.
(b) In accordance with Section 2-111 of the 2012 Detroit City Charter, the Buildings, Safety Engineering and Environmental Department shall adopt rules and regulations which govern verification of the petition that may be required by this Chapter. The rules shall provide, among other things, that the circulator of the petition who is requesting a waiver shall not be less than eighteen (18) years of age and shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with such rules, that the circulator personally witnessed the signatures on the petition, and that such signatures were affixed to the petition by the persons whose name appeared thereon.
(c) Where a petition is required for a use that also requires a public hearing, no hearing shall be scheduled at the Buildings, Safety Engineering and Environmental Department or at the Board of Zoning Appeals until the petition has been verified by the Buildings, Safety Engineering and Environmental Department.
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Regulations regarding spacing of retail, service, and commercial uses are as follows:
| Use Type | Minimum Distance from Same Use Type (Existing or Approved) | Minimum Distance from Other Use Types (Existing or Approved) | Comment |
| Amusement park | N/A | - Residentially zoned area: 2,500 feet | Section 50-12-211 |
| Concert café and concert hall | N/A | - Residentially zoned area: 500 feet | Section 50-12-317(3) |
| Firearms target practice range, indoor | N/A | - Residentially zoned area: 500 feet | Section 50-12-224 |
| Go-cart | N/A | - Residentially zoned area: 500 feet | Section 50-12-226 |
| Golf course, miniature | N/A | - Residentially zoned area: 500 feet | Section 50-12-227 |
| Motor vehicle filling station, not possessing locational suitability | 1,000 feet | N/A | Sections 50-12-135, 50-12-258 through 50-12-262 |
| Motor vehicle, used, salesroom or sales lot | 1,000 feet | N/A | Sections 50-12-293, 50-12-517 |
| Motorcycle club | N/A | - Residentially zoned area: 500 feet | Section 50-12-306(5) |
| Motorcycle rentals | N/A | - Residentially zoned area: 500 feet | Section 50-12-297 |
| Rebound tumbling center | N/A | - Residentially zoned area: 500 feet | Section 50-12-307 |
| Recreation, facilities, commercial (selected) | N/A | - Residentially zoned area: 500 feet | Section 50-12-308 |
| Rental hall | N/A | - Residentially zoned area: 500 feet | Section 50-12-309 |
| - (Inside Central Business District only) Rental hall and public dance hall; 1,000 feet | |||
| Restaurant, carry-out or fast-food | N/A | School (not including educational institutions): 500 feet | Sections 50-12-136, 50-12-310 |
| Restaurant, standard | N/A | School (not including educational institutions): 500 feet | Sections 50-12-135, 50-12-136, 50-12-311 |
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Regulations regarding spacing of other uses are as follows:
| Use Type
|
Minimum Distance from Same Use Type (Existing or Approved) | Minimum Distance from Other Use Types (Existing or Approved) | Comment |
| Adult uses/sexually- oriented business |
1,000 radial feet | - Zoning lot zoned R1, R2, R3, R4, R5, R6, residential PD: 1,000 feet;
- Residentially developed zoning lot in SD1, SD2, and SD4 Districts: 1,000 feet; - Elementary, middle, or high school: 1,000 feet; - Park, playlot, playfield, playground, recreation center, youth activity center: 1,000 feet; - Religious institution identified as exempt by the City Assessor: 1,000 feet - Regulated use: 1,000 feet |
Section 50-3-504 |
| Designated marijuana consumption establishment | 1000 radial feet | - Drug free zone
- Religious institution by the City Assessor: 1000 radial feet - Marijuana retail/ provisioning center facility: 1000 radial feet - Marijuana microbusiness: 1000 feet - Controlled uses: 1000 radial feet |
|
| Marijuana grower facility | Drug-free zone | Section 50-3-535 | |
| Marijuana microbusiness | 1000 radial feet | - Drug free zone
- Religious institution identified as exempt by the City Assessor: 1000 radial feet - Marijuana retail/ provisioning center facility: 1000 radial feet - Designated marijuana consumption establishment: 1000 feet - Controlled uses: 1000 radial feet |
|
| Marijuana processor facility | Drug-free zone | Section 50-3-535 | |
| Marijuana retail/provisioning facility | 1000 radial feet | - Drug-free zone
- Religious institution identified as exempt by the City Assessor: 1000 radial feet - Designated marijuana consumption establishment: 1000 feet - Marijuana microbusiness: 1000 radial feet - Controlled uses: 1000 radial feet |
|
| Marijuana secure transporter | Drug-free zone | Section 50-3-535 |
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
Regulations regarding spacing of regulated uses are as follows:
| Use Type | Minimum Distance from Regulated Uses (Existing or Approved) | Minimum Distance from Other Use Types (Existing or Approved) or Zoning District | Comment |
| Brewpub outside the Central Business District and SD2 District and microbrewery outside the Central Business District and SD2 District and small distillery or small winery outside the Central Business District and SD2 District that serves alcohol for consumption on the premises | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; Any 1 adult use and any 1 regulated use: 1,000 feet. | Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-217 |
| Cabaret, outside the Central Business District and SD2 District | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; any 1 adult use and any 1 regulated use: 1,000 feet. | Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-218 |
| Dance hall, public, outside the Central Business District | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; any 1 adult use and any 1 regulated use: 1,000 feet; residentially zoned area: 500 feet. | Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-219 |
| Establishment for the sale of beer or alcoholic liquor for consumption on the premises, outside the Central Business District and outside the SD1, SD2 and SD5 Districts | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; any 1 adult use and any 1 regulated use: 1,000 feet. | Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-220 |
| Lodging house, public | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; any 1 adult use and any 1 regulated use: 1,000 feet. | Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-230 |
| Motel | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; any 1 adult use and any 1 regulated use: 1,000 feet. | Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-233 |
| Pawnshop | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; any 1 adult use and any 1 regulated use: 1,000 feet; residentially zoned area: 500 feet. | Section 50-3-322(2); Article III, Division 8, Subdivision C; Sections 50-12-135, 50-12-302 |
| Plasma donation center | Any 2 other regulated uses: 1,000 feet | Any 2 adult uses: 1,000 feet; Any 1 adult use and any 1 regulated use: 1,000 feet. | Article III, Division 8, Subdivision C; Section 50-12-135 |
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
(a) Except for Controlled Uses, only the Board of Zoning Appeals may adjust the spacing requirements between land uses, as provided for in the tables in Section 50-12-129, Section 50-12-130, Section 50-12-131, and Section 50-12-134 of this Code, as a “locational variance” in accordance with the criteria specified in Section 50-4-121 of this Code and where the proposed use satisfies all the following conditions:
(1) The proposed use will comply with all applicable regulations of this Code;
(2) The proposed use will not be contrary to the public interest or injurious to nearby properties in the proposed location, and the spirit and intent of the purpose of the spacing regulations will still be observed;
(3) The proposed use will not aggravate or promote a deleterious effect upon adjacent areas through causing or encouraging blight, and will not discourage investment in the adjacent areas or cause a disruption in neighborhood development; and
(4) The establishment of the use in the area will not be contrary to any program of neighborhood conservation or interfere with any program of urban renewal.
(b) The spacing and locational requirements for adult uses, as specified in Section 50-3-504 and Section 50-12-132 of this Code, for medical marijuana facilities, and for adult-use marijuana establishments as specified in Article III, Division 12 of this Code, may not be waived. The “drug-free zone” spacing requirement for marijuana grower facilities, marijuana processor facilities, medical marijuana retailer/provisioning centers, and marijuana secure transporter facilities, as specified in Section 50-3-535 and Section 50-12-132 of this Code, may not be waived.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019);
Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
(a) The prohibition that relates to the location of a use, referenced in the tables in Section 50-12-129 through Section 50-12-134 of this Code, within 500 radial feet of a school site may be waived by:
(1) The Buildings, and Safety Engineering, and Environmental Department, provided that the proposed use is at least 450 radial feet from the school site; or
(2) The Board of Zoning Appeals where the proposed use is less than 450 radial feet from the school site.
(b) The waiver of the prohibition is subject to a finding based on evidence presented at a public hearing that the establishment of the use will not impede the normal and orderly development, operation, and improvement of the school.
(c) Such waiver shall be documented by a statement of facts upon which such determination was made and shall indicate that such use would not be injurious or harmful to the school.
(d) The prohibition that relates to the location of designated marijuana consumption establishments, marijuana grower facilities, marijuana microbusinesses, marijuana processor facilities, marijuana retail/provisioning facilities, and marijuana secure transporter facilities within 1,000 feet of a school, among other uses specified in a “drug-free zone,” as defined in Section 50-3-535 of this Code and referenced in the table of Section 50-12-132 of this Code, must not be waived by either the Buildings, Safety Engineering, and Environmental Department, or the Board of Zoning Appeals, as applicable.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).