Each use listed in this Article, whether permitted by right or subject to approval as a special land use, shall be subject to the site development standards specified, in addition to applicable standards and requirements for the district in which the use is located. Where there is a combination of uses proposed, the most restrictive standards shall be applied. These standards are intended to alleviate the impact from a use that is of an area, intensity or type, or that possesses characteristics that are unique or atypical for the district in which the use is allowed. These standards are intended to assure that such uses will be compatible with surrounding land uses and insure the orderly development of the district. Compliance with these standards shall be subject to site plan review. Unless otherwise specified, each use listed in this Article shall be subject to all applicable yard, bulk and other standards for the district in which the use is located.
(Ord. No. 93-553, § 7.01, 2-2-1993)
A. Automobile or vehicle sales. Automobile or vehicle sales operations with repair facilities or outdoor sales space shall be subject to the following requirements. These requirements shall apply to any operation involving the sale, lease or rental of new or used vehicles, house trailers, recreational vehicles, trucks, and other vehicles.
1. Grading, surfacing, and drainage. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall be hard-surfaced with concrete or bituminous material, and shall be graded and drained so as to effectively dispose of or retain surface waters. Grading, surfacing, and drainage plans shall be subject to review and approval by the director of building and safety.
2. Driveway location. The nearest edge of any driveway serving an outdoor vehicle sales area shall be located at least sixty (60) feet from any street or road intersection (as measured from the nearest intersection right-of-way line).
3. Servicing of vehicles. All servicing of vehicles shall be subject to the following requirements:
(a) Service activities shall be clearly incidental to the vehicle sales operation.
(b) Vehicle service activities shall occur within a completely enclosed building.
(c) Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.
(d) Buildings containing the service operations shall be located a minimum of fifty (50) feet from any abutting residential property line.
(e) There shall be no external evidence of the service operations, in the form of dust, odors, or noise, beyond the interior of the service building.
(f) Buildings should be oriented so that open bays, for automobile washes, do not face onto adjacent thoroughfares unless screened by an adjoining lot, building or obscuring wall per Article 6.00.
4. Broadcasting devices prohibited. Devices for the outdoor broadcasting of voice, telephone monitoring, music or any other amplified sound shall be prohibited outside of any building.
5. Setbacks. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall comply with the requirements for parking lots, as specified in Section 4.01B.1.
6. Minimum lot area. The minimum lot area required for such uses shall be two (2) acres.
B. Automobile filling stations, automobile or vehicle service stations, automobile repair garages. The following regulations shall apply to automobile filling stations and automobile or vehicle service stations, including tire, battery, muffler and undercoating shops:
1. Minimum lot area. The minimum lot area required for such uses shall be twelve thousand (12,000) square feet.
2. Minimum lot width. The minimum lot width required for such uses shall be one hundred fifty (150) feet.
3. Minimum setbacks. Repair garages or other buildings shall comply with the setback requirements for the district in which the use is located. However, a minimum setback of forty (40) feet shall be maintained on all sides that abut property that is zoned or used for residential purposes. Pump islands and canopies shall comply with the following requirements:
Minimum Setback from Right-of-Way Line | |
Nearest Edge of Pump Island | 25 feet |
Nearest Edge of Unenclosed Canopy | 20 feet |
4. Minimum distances between uses. In all cases, there shall be a minimum distance of at least five hundred (500) feet between such uses.
5. Ingress and egress. Ingress and egress drives shall be a minimum of thirty-one (31) feet and a maximum of forty (40) feet in width. No more than one (1) such drive or curb opening shall be permitted for every seventy-five (75) feet of frontage (or fraction thereof) along any street. The nearest edge of any such drive shall be located at least twenty-five (25) feet from the nearest point of any property zoned or used for residential purposes. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses or its location near a vehicular or pedestrian entrances or crossings.
6. Curbs. A curb of at least six (6) inches in height shall be installed to prevent vehicles from being driven onto or parked with any part of the vehicle extending within two (2) feet of abutting landscaped areas, sidewalks, streets, buildings, or adjoining property.
7. Layout. All lubrication equipment, automobile wash equipment, hoists, and pits shall be enclosed entirely within a building. Gasoline pumps shall be located so that motor vehicles do not park on or extend over abutting landscaped areas, sidewalks, streets, buildings, or adjoining property while being served. Adequate vehicle parking and stacking spaces shall be provided as required in Article 4.00.
8. Outside storage. Inoperable, wrecked or partially dismantled vehicles shall not be stored or parked outside for a period exceeding forty-eight (48) hours. Unless enclosed within a masonry screening wall that is not less than six (6) feet in height.
9. Vehicle sales and storage. The storage, sale, or rental of new or used cars, trucks, trailers, and any other vehicles on the premises is prohibited except in conformance with this ordinance.
10. Sales of nonautomotive products. Any retail sales of nonautomotive products such as food products, dairy products, or similar goods and products must be clearly accessory and ancillary to the principal use of the site and building.
11. Food services and/or products. In the event any food services and/or food products are available at retail as an accessory use, necessary bathroom and toilet facilities shall be provided within the principal building in accordance with the requirements of the City Plumbing Code standards.
C. Automobile wash or car wash establishment. The following regulations shall apply to automobile wash or car wash establishments:
1. Minimum lot area. The minimum lot area required for automobile or car wash establishments shall be ten thousand (10,000) square feet.
2. Layout. All washing activities shall be carried on within a fully enclosed building. Vacuum activities shall be permitted in the rear yard only, provided such activities are located at least twenty-five (25) feet from adjacent residentially zoned or used property and the vacuum unit shall be located within the building. Entrances and exits shall not face abutting residentially zoned or used property. Adequate vehicle parking and stacking spaces shall be provided as required in Article 4.00 with a minimum of thirty-five (35) stacking spaces (including interior stacking in the building) each consisting of a minimum of one hundred sixty (160) square feet for each stacking space.
3. Entrances and exits. Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley. All maneuvering areas, stacking lanes, and exit aprons shall be located within the car wash property. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the automobile wash.
4. Orientation of open bays. Buildings should be oriented so that open bays, particularly for self-serve automobile washes, do not face onto adjacent thoroughfares unless screened by an adjoining lot, building or obscuring wall per Article 6.00.
5. Exit lane drainage. Exit lanes shall be sloped to drain water back to the wash building to drainage gates and not unto the public street.
6. Minimum distances between uses. In all cases, there shall be a minimum distance of at least five hundred (500) feet between such uses.
D. Drive-in establishments.
1. Setbacks. Buildings or other structures used for the purpose of a drive-in establishment shall be set back a minimum of sixty (60) feet from any street right-of-way line.
2. Location of driveways. Driveways serving drive-in establishments shall provide direct access from a major thoroughfare or arterial road. The nearest edge of any entrance or exit drive shall be located no closer than twenty-five (25) feet from any street or road intersection, as measured from the nearest intersection right-of-way line.
3. Screening. An obscuring wall shall be provided along all property lines abutting property that is zoned for residential, commercial, or office use, subject to the requirements in Article 6.00.
4. Ingress and egress. Ingress and egress drives shall be a minimum of thirty-one (31) feet and a maximum of forty (40) feet in width. No more than one (1) such drive or curb opening shall be permitted for every seventy-five (75) feet of frontage (or fraction thereof) along any street. The nearest edge of any such drive shall be located at least twenty-five (25) feet from the nearest point of any property zoned or used for residential purposes. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other building or uses or its location near a vehicular or pedestrian entrances or crossings.
E. Fast-food and drive-through restaurants. The following regulations shall apply to fast-food and drive-through restaurants:
1. Minimum frontage. The site shall have a minimum of one hundred fifty (150) feet of frontage on a major thoroughfare.
2. Location of driveways. Ingress and egress points shall be located no closer than twenty-five (25) feet from the intersection of any two (2) streets (measured from the nearest right-of-way line). Points of vehicular ingress and egress shall be limited to the thoroughfare having business-zoned frontage only. The minimum distance between driveways providing off-site ingress or egress shall be at least sixty-five (65) feet measured from the two (2) closest driveway curbs.
3. Screening. An obscuring wall shall be provided along all property lines abutting a residential zoning district subject to the requirements in Article 6.00.
4. Noise. Any drive-up or drive-through speaker system shall comply with the noise regulations listed in Chapter 13, Article II of the City of Dearborn Code of Ordinances, and shall be located and oriented away from adjacent or abutting residential properties.
5. Stacking spaces. A restaurant with a drive-through window shall provide stacking spaces for each drive-through window as required in the schedule of off-street parking, Section 4.01C.24.
6. Distance standard. A fast-food restaurant shall be located no closer than seven hundred (700) feet to a school, or another fast food restaurant, the distance being measured from the nearest property line of the fast food restaurant to the school, or fast food restaurant.
7. Traffic study. An on-site and off-site traffic study shall be required for drive-through restaurants as part of the special land use application to understand the impacts on the capacity and safety of the transportation system. The applicant must use the City's traffic engineer to conduct the traffic study.
F. Funeral homes or mortuaries. The following regulations shall apply to funeral homes and mortuaries:
1. Assembly area. An adequate assembly area shall be provided off-street for vehicles to be used in funeral processions. All maneuvering areas and exit aprons shall be located within the site. Streets and alleys shall not be used for maneuvering or parking of vehicles.
2. Screening. The service and loading area shall be obscured from adjacent residential areas in accordance with Article 6.00.
3. Caretaker's residence. A caretaker's residence may be provided within the main building of the funeral home or as an approved accessory building on the site, subject to the provisions of this ordinance.
G. Group day care home, child care center. The following regulations shall apply to group day care homes, child care centers, nursery schools, day nurseries, and pre-schools:
1. Licensing. In accordance with applicable state laws, all child care facilities shall be registered with or licensed by the Department of Social Services and shall comply with the minimum standards required for such facilities.
2. Outdoor play area. A minimum of fifty (50) square feet of outdoor play area shall be provided and maintained per child, provided that the overall area of the play area shall not be less than two thousand (2,000) square feet. The outdoor play area shall be suitably fenced and screened from abutting residentially zoned or used land by a greenbelt, which shall be landscaped in accordance with Article 5.00.
3. Frontage. Child care centers shall front onto a thoroughfare or collector road that is constructed to City standards.
4. Setbacks. Child care centers shall have a minimum side yard setback of at least twenty-five (25) feet.
H. Hospitals. The following regulations shall apply to hospitals:
1. Lot area. The minimum lot area for a hospital site shall be ten (10) acres.
2. Frontage and access. Hospitals shall front onto a major thoroughfare and the main means of access to the hospital for patients, visitors, and employees shall be via the thoroughfare. Secondary access to a hospital site may be off of a residential street.
3. Setbacks. The principal building and all accessory buildings shall be set back a minimum distance of fifty (50) feet from any property line.
4. Screening. Ambulance, emergency entrance areas, and loading areas shall be effectively screened from view from all adjacent residential uses by the building design, landscaping, or a masonry wall.
5. State and federal regulations. Hospitals shall be constructed, maintained, and operated in conformance with applicable state and federal laws, including provisions of the Michigan Hospital Survey and Construction Act, Public Act 299 of 1947, as amended.
I. Junk yards. The following regulations shall apply to junk yards:
1. Minimum lot area. The minimum lot area for a junk yard shall be five (5) acres.
2. Location. A parcel of land used for a junk yard shall abut only nonresidential or noncommercial land uses or zoning districts.
3. Setbacks. A minimum setback of one hundred (100) feet shall be maintained between the front property line and the portion of the lot on which junk materials are placed or stored. All buildings, fencing, and junk materials shall be set back at least one hundred (100) feet from any road or highway right-of-way line, and at least three hundred (300) feet from any property line that abuts a residentially zoned or used district.
4. Screening. The entire junk yard site shall be screened with an eight (8) foot obscuring masonry wall, constructed in accordance with Article 6.00. The wall shall be uniformly painted and maintained in neat appearance, and shall not have any signs or symbols painted on it.
5. Surfacing. All roads, driveways, parking lots, and loading and unloading areas shall be paved and provide adequate drainage.
6. Regulated activities. All fluids shall be drained from vehicles and disposed of in a proper manner prior to the vehicles being stored on the site.
7. Permits. All required City, county, state and federal permits shall be obtained prior to establishing a junkyard.
J. Kennels. The following regulations shall apply to commercial kennels:
Commercial kennels. Commercial kennels shall be subject to the following standards:
(a) Any such kennel shall be subject to all permit and operational requirements established by county and state regulatory agencies.
(b) The lot on which any such kennel is located shall have a minimum lot area of one (1) acre. If more than four animals are housed in the kennel, an additional one (1) acre shall be required for every additional ten (10) animals (or fraction thereof).
(c) All animals, animal runs, and exercise areas shall be located within an enclosed building and shall not be located in any required front, side, or rear yard setback area, and shall be located at least one hundred (100) feet from any dwellings or buildings used by the public on adjacent property.
K. Mini-warehouses. The following regulations shall apply to mini-warehouses:
1. Lot area. The minimum lot area for mini-warehouses shall be two (2) acres.
2. Permitted use. Mini-warehouse establishments shall provide for storage only. All storage must be completely contained within an enclosed building.
3. Site enclosure. The entire site, exclusive of access drives, shall be enclosed with a six (6) foot-high masonry wall, constructed in accordance with Article 6.00. A six (6) foot chain link fence may be permitted along property lines that do not abut a residentially zoned district or residential use.
4. Orientation of open bays. Buildings must be oriented so that open service bays do not face adjacent major thoroughfares or arterial roads unless screened by an adjoining lot, building, or obscuring wall in compliance with Article 6.00.
5. Exterior appearance. The exterior of any mini-warehouse shall be of finished quality and design, compatible with the design of structures on surrounding property.
6. Resident manager. A resident manager may be permitted on site with the responsibility of maintaining the operation of the facility in conformance with the conditions of the approval. The manager's residence shall conform with the provision of this ordinance.
7. On-site circulation and parking.
(a) All one-way driveways shall be designed with one (1) ten (10) foot wide loading/unloading lane and one (1) fifteen (15) foot travel lane.
(b) All two-way driveways shall be designed with one (1) ten (10) foot wide loading/unloading lane and two (2) twelve (12) foot travel lanes.
(c) The parking lanes may be eliminated if the driveway does not serve storage units. Signs and painted lines shall be used to indicate parking and traffic direction throughout the site.
L. Motels and hotels. The following regulations shall apply to motels or hotels:
1. Lot area. The minimum lot area for a motel or hotel shall be three (3) acres.
2. Design. Each unit available for rental within a motel or hotel shall contain a bath and at least one (1) bedroom and encompass a minimum gross floor area of three hundred fifty (350) square feet.
3. Services. A motel or hotel shall provide customary motel services, such as main service, linen service, telephone and/or desk service, and the use of furniture.
M. Nursing homes, convalescent homes, rest homes, and orphanages. The following regulations shall apply to nursing homes, convalescent homes, rest homes, and orphanages:
1. Minimum lot area. The minimum lot area for such facilities shall be one (1) acre.
2. Frontage and access. Such uses shall front onto a major thoroughfare and the main means of access to the site for residents or patients, visitors, and employees shall be via the thoroughfare. In no case shall primary access to a nursing home, convalescent home, or rest home be limited to a residential street.
3. Setbacks. The principal building and all accessory buildings shall be set back a minimum distance of twenty-five (25) feet from any property lines.
4. Open space. Any such facility shall provide a minimum of five hundred (500) square feet of outdoor open space for every bed used or intended to be used. The open space shall be landscaped and shall include places for walking and sitting. Off-street parking areas, driveways, and accessory uses or areas shall not be counted as required open space.
5. State and federal regulations. Nursing homes, convalescent homes, rest homes, and orphanages shall be constructed, maintained, and operated in conformance with applicable City, state, and federal laws.
N. Open-air business. The following regulations shall apply to permanent open-air businesses:
1. Minimum lot area. The minimum lot area for open-air businesses shall be ten thousand (10,000) square feet.
2. Driveway location. The nearest edge of any driveway serving an open-air business shall be located at least sixty (60) feet from any street or road intersection (as measured from the nearest intersection right-of-way) and at least twenty (20) feet from any side property line.
3. Parking setback. Parking shall be set back a minimum of ten (10) feet from any road right-of-way line.
4. Lot width. The minimum lot width for open-air businesses shall be one hundred (100) feet.
5. Loading and parking. All loading and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to spill over onto adjacent roads or alleys.
6. Outdoor display of vehicles. The outdoor display of new or used automobiles, boats, mobile homes, recreational vehicles, trailers, trucks, or tractors that are for sale, rent, or lease shall comply with the requirements in Section 7.02(A).
7. Plant material nursery. Nurseries that deal with plant materials shall comply with the following:
(a) Plant storage and display areas shall comply with the minimum setback requirements for the district in which the nursery is located.
(b) The storage of soil, wood chips, fertilizer, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties.
8. Composting and recycling. Composting operations and recycling center as regulated by the City of Dearborn Ordinance, Chapter 16.
O. Restaurant site requirements.
1. Access. Points of vehicular ingress and egress shall be limited to the thoroughfare having business-zoned frontage only.
2. Screening. A restaurant with a rear or side yard abutting a noncommercial district shall provide a permanent obscuring wall, conforming to the requirements of Article 8.00, along the full length of each abutting property line.
3. Vehicular storage. Parking and vehicular storage shall only be permitted during normal business hours and any parking and vehicular storage in excess of twenty-four (24) consecutive hours shall be prohibited at all times on the premises, and the owner, franchisee holder or lessee shall post a sign or signs giving notice that all parked or stored vehicles are subject to ticketing and removal at the owner's expense.
4. Rubbish and debris. Each restaurant site shall be kept free of rubbish and debris and the grass and other landscaping shall be well maintained so as to present a neat and attractive appearance at all times.
P. Radio and television towers (commercial and public). The following regulations shall apply to commercial and public radio and television towers, microwave towers, and other communication antennas/towers:
1. Setbacks. Each tower shall be set back from all property lines a minimum distance equal to the height of the tower.
2. Fencing. An open-weave, six (6) foot high chain link fence shall be constructed around the entire perimeter, in accordance with Section 2.19.
3. State and federal regulations. Radio, television, and other types of communication towers shall be constructed, maintained, and operated in conformance with applicable state and federal laws.
Q. Recreation facilities.
1. Outdoor recreation facilities. Outdoor recreation facilities, such as, but not limited to, courses for off-road vehicles and snowmobiles, campgrounds, baseball facilities, and swimming pools, shall comply with the following regulations:
(a) Principal and accessory buildings shall be set back at least fifty (50) feet from all property lines, unless otherwise specified herein.
(b) The location, layout, design, or operation of outdoor recreation facilities shall not impair the continued enjoyment, use, and future orderly development of adjacent and nearby properties. The plan commission may specify the hours of operation in order to assure compatibility with adjacent uses.
(c) Outdoor recreation uses shall not generate excessive noise, odors, dust, or other impacts, such that the continued use and enjoyment of adjacent properties would be impaired.
(d) All parking for outdoor recreation uses shall be provided in off-street parking lots, which shall be designed in accordance with Article 4.00.
(e) Lighting for outdoor recreation uses shall be shielded to the greatest extent possible from adjoining properties.
(f) Outdoor recreation uses shall be screened from view from adjacent property zoned or used for residential purposes, in accordance with Section 5.02(E).
(g) Accessory retail or commercial facilities, such as food and beverage facilities or equipment shops, shall be designed to serve only the patrons of the outdoor recreation facility, unless otherwise listed as a permitted use in the district in which the facility is located.
2. Indoor recreation facilities. Indoor recreation facilities such as, but not limited to, bowling establishments, indoor archery ranges, indoor tennis courts, indoor skating rinks, and similar indoor recreation uses shall comply with the following regulations:
(a) Indoor recreation uses shall be set back a minimum of fifty (50) feet from any property line that abuts a residential district.
(b) The location, design, and operation of an indoor recreation use shall not adversely affect the continued use, enjoyment, and development of adjacent properties. In considering this requirement, particular attention shall be focused on the adverse impact resulting from loitering on the premises.
(c) Indoor recreation uses shall have direct access onto a major thoroughfare.
R. Religious institutions. The following regulations shall apply to all religious institutions, including churches, synagogues, mosques, temples, and related uses:
1. Minimum site area. The minimum site area for a religious institution shall be five (5) acres.
2. Lot width. The minimum lot width for religious institutions shall be two hundred (200) feet with a minimal site of five (5) acres.
3. Parking setback. Off-street parking shall be prohibited in the front setback area required by this ordinance. No parking shall be allowed within fifteen (15) feet of any property line and comply with Article 4.00.
4. Frontage and access. Religious institutions shall be located on a major thoroughfare. All vehicular access to the site shall be provided from a major thoroughfare.
5. Landscaping. Religious institutions shall comply with the landscaping requirements set forth in Section 5.03C.
S. Stamping plants, punch presses, press brakes, and other machines. The following regulations shall apply to stamping machines, punch presses, press brakes, and other machines:
1. General requirements. All such machines shall have shock-absorbing mountings and be placed on a suitable reinforced-concrete footing. No machine shall be loaded beyond the capacity prescribed by the manufacturer. All such machines shall comply with the noise and vibration standards at all times in this ordinance.
2. Automatic screw machines. Automatic screw machines shall be equipped with noise silencers and shall not be located closer than three hundred (300) feet from any property zoned or used for residential purposes.
3. Setbacks. Punch and stamp presses, other than hydraulic presses shall comply with the performance standards in Article 8.00.
4. Press brakes. Press brakes shall be set back at least three hundred (300) feet from any property line zoned for residential use.
T. Veterinary clinics. Veterinary clinics shall comply with the following requirements:
1. Enclosure. All activities shall be conducted within a completely enclosed building.
2. Setbacks. All buildings shall be set back at least fifty (50) feet from abutting land that is zoned for residential use.
3. Treatment facilities. No veterinary clinic shall contain exterior facilities for boarding of animals. Treatment shall be limited to domesticated animals considered as pets.
U. Veterinary hospitals. Veterinary clinics shall comply with the following requirements:
1. Enclosure. All activities shall be conducted within a completely enclosed building.
2. Setbacks. All buildings shall be set back at least two hundred (200) feet from abutting land that is zoned for residential use.
3. Treatment facilities. No veterinary clinic shall contain exterior facilities for boarding of animals. Treatment shall be limited to domesticated animals considered as pets.
V. Smoking lounges. Smoking lounges shall comply with the following requirements:
1. Off-street parking. Smoking lounges shall provide off-street parking per the standard for restaurants, bar/lounge/taverns in Section 4.01
2. Access. Points of vehicular ingress and egress shall be limited to the thoroughfare having business zoned frontage only.
3. Mechanical ventilation required. Mechanical ventilation shall be supplied in compliance with the Michigan Mechanical Code to ensure sufficient ventilation of the smoking lounge. The recirculation and the natural ventilation of air from the smoking lounge are prohibited. The air supplied to the smoking lounge shall be exhausted and discharged to an approved location in compliance with the Michigan Mechanical Code.
4. Hours of operation; outdoor dining; other outdoor activities prohibited.
a. Businesses operating a licensed smoking lounge shall be closed between the hours of 2:00 a.m. and 10:00 a.m.
b. Outdoor dining of carryout food or food properly brought on the premises by a customer may be permitted provided it is in compliance with the Zoning Ordinance and does not violate any other section of the code or state law.
c. No outdoor dining of any kind, including carryout food or food properly brought on the premises by a customer, shall occur at a business operating a licensed smoking lounge with outdoor seating between the hours of 12:00 a.m. and 10:00 a.m.
d. All other smoking lounge business activities shall be conducted wholly indoors, unless otherwise approved by the City Council.
5. Notice on exterior. A clearly visible notice shall be posted by the entry door to the premises that:
a. Indicates that it is a smoking lounge;
b. Indicates it is not a food service establishment;
c. States that no loitering is permitted on the premises; and
d. States that no minors are permitted on the premises.
6. Minimum distances between uses.
a. The establishment of a smoking lounge is prohibited if it constitutes the second such use within a one thousand two hundred (1,200) foot radius;
b. The establishment of a smoking lounge is prohibited if it is located within seven hundred (700) feet of a school, childcare facility, or a park.
7. Cap on allowable number of smoking lounges. The number of smoking lounges, as defined in Chapter 12, Article XXV, of the Code of the City of Dearborn, shall be capped at fifteen (15).
a. An individual may petition the City Council for permission to exceed the cap.
8. Smoking lounges, as defined in Chapter 12, Article XXV of the Code of the City of Dearborn, shall not :
a. Advertise as a restaurant or other type of food establishment;
b. Have paper or electronic menus for customers of the smoking lounge to use to place carry out orders for food;
c. Facilitate ordering or food deliveries from another food establishment;
d. Store or prepare food on-site;
e. Provide condiments, small wares such as silverware, dishware, drinking glasses or cups, dishwashing, etc., for customers of the smoking lounge;
f. Have wait staff to facilitate the serving of food;
g. Provide ice in individual servings; or
h. Provide water, or drinks, other than to sell incidental amounts of pre-packaged beverages.
9. Smoking lounges, as defined in Chapter 12, Article XXV of the Code of the City of Dearborn, may only be located on premises that are physically separated from any areas of the same or adjacent establishments in which smoking is prohibited by state law and where smoke does not infiltrate into those nonsmoking areas. "Physically separated" shall mean an area that is enclosed on all sides by any combination of solid walls, windows, or doors that extend from the floor to ceiling.
10. Federal, State and local regulations. All smoking lounges shall be constructed, maintained, and operated in conformance with applicable laws, ordinances, and code provisions.
W. Outdoor dining. The intent of permitting outdoor dining on private property is to enhance the attractiveness, viability and pedestrian environment of the business districts in the City. Outdoor dining on private property shall comply with the following requirements:
1. Location. Outdoor dining shall be directly adjacent to, and on the same parcel as, the building or tenant space occupied by the principal use it serves. Outdoor dining areas are permitted in all yards.
2. Off-street parking. Outdoor dining shall be considered an accessory use and therefore not included in the calculation of required parking under the following conditions:
(a) B-A, B-B, and B-C zoning districts: The occupant load of the outdoor dining area shall not exceed forty (40) percent of the interior customer/patron occupant load of the building or tenant space housing the principal use (occupant load to be determined per the Building Code).
(b) WD and B-D zoning districts: The occupant load of the outdoor dining area shall not exceed fifty (50) percent of the interior customer/patron occupant load of the building or tenant space housing the principal use (occupant load to be determined per the Building Code).
(c) Limits on seating: Carry-out restaurants with no indoor seating shall not exceed twelve (12) seats for outdoor dining.
If the outdoor dining area does not qualify as an accessory use under the standards listed above, the outdoor dining area shall be included as part of the floor area and occupant load of the principal use for the purposes of calculating the parking requirement for that use. Outdoor dining shall not be permitted to displace off-street parking otherwise required for the principal use.
3. Fencing. A decorative fence or wall less than four (4) feet in height around the designated outdoor dining area may be permitted as part of the site plan approval for this use. The fence or wall shall be designed to be compatible and complimentary to the buildings on the site and the adjacent sites. Fencing for outdoor dining areas is permitted in all yards.
4. Minimum landscaping. Landscaping shall be required between any outdoor dining area and any public road right-of-way per Section 5.02B of the Zoning Ordinance.
5. Hours of operation. The hours of operation of outdoor dining shall be limited as follows:
(a) B-A, B-B, and B-C zoning districts: Between 7:00 a.m. and 10:00 p.m. or the normal operating hours of the principal use, whichever is more restrictive.
(b) WD and B-D zoning districts: Between 7:00 a.m. and 12:00 a.m. or the normal operating hours of the principal use, whichever is more restrictive.
6. Washrooms. Washroom facilities shall be provided per the Building Code based upon the occupant load of the building.
7. Nuisance. Outdoor dining shall comply with all applicable noise and nuisance ordinances of the City of Dearborn.
8. Other codes and ordinances. Outdoor dining shall comply with all applicable codes, ordinances and laws.
9. Exception: Temporary/Seasonal Outdoor Dining. The intent of this provision is to create or increase outdoor dining areas for existing restaurants on a temporary or seasonal basis:
(a) Permit required. An annual zoning permit issued by the Economic & Community Development Department director or his designee shall be required. A restaurant must submit a permit application and all required documents before the issuance of a permit.
(b) Permit revocation. A permit may be revoked for cause by the Director of Economic and Community Development Department director or his designee if the outdoor dining is creating a nuisance, or for any other violation of law.
(c) Appeals. An appeal of a permit denial or permit revocation shall be made to City Council.
(d) Dates of operation. Permitted temporary/seasonal outdoor seating may operate between April 15th and November 15th.
(e) Displacement of required parking:
i. Up to ten (10) percent of the existing parking spaces for the building may be displaced to permit outdoor dining pursuant to this section, if there are less than ten (10) spaces then one space may be displaced for this purpose.
ii. Maximum: total permitted outdoor dining area (permanent & temporary/seasonal) shall not exceed the limits established in section 2 above.
iii. The outdoor dining area shall be configured to provide safe separation from neighboring parking spaces and drive aisles; movable planters and decorative fencing may be used to provide such separation.
iv. Adequate clearance for car door swing areas shall be maintained for adjacent parking spaces (Minimum: 2 feet).
(f) Minimum landscaping. Required landscaping in accordance with section 4 above may be waived for issuance of a permit pursuant to this section. Existing, permanently installed landscaping shall not be displaced under this provision.
X. Terminal and Transfer Facilities. Storage of shippers' containers is subject to the following restrictions:
1. Site Plan. Shipper's containers shall be placed or stored in areas depicted on a site plan approved by the Economic and Community Development Department — Commercial Services Division and the Fire Marshal.
2. Set backs. Shippers' containers shall comply with the perimeter yard setbacks for structures in an industrial zoning district, except that a minimum setback of twenty (20) feet shall be maintained between the front property line and the masonry screening wall required in subsection 7.02X(1)(c)(3), and a minimum setback of thirty (30) feet shall be maintained around the entire perimeter of the shippers' container storage area between the masonry screening wall required in subsection 7.02X(1)(c)(3) and any shippers' containers stored on the site.
3. Stacking. Shippers' containers may be stacked provided that:
(a) Shipper's container stacks shall not exceed thirty (30) feet in height.
(b) Only block storage is permitted, so that the number of containers stacked vertically must be equaled or exceeded by the number of containers placed side-by-side.
(c) The site plan must comply with applicable screening ordinances for outdoor storage, and the shippers' container storage area must be enclosed on all sides by an eight (8) foot masonry screening wall.
4. Portability. No shippers' container shall be permanently affixed to the ground. Shippers' containers shall be able to be moved by a reasonable means within a twenty-four (24) hour period.
5. Fire suppression. Shippers' containers storage areas shall comply with the applicable fire codes, including installation and maintenance of fire lanes, fire suppression lines, hydrants, and other protective devices as determined by the Fire Marshal. A site plan approved by the Economic and Community Development Department — Commercial Services Division and the Fire Marshal must be on file with the Dearborn Fire Department.
6. Maintenance. Shippers' containers shall be painted and maintained such that they do not constitute a nuisance, and shall be free of graffiti and rust visible from public rights-of-way and properties surrounding the shippers' container storage area. Shippers' container storage areas shall be maintained so as to be free of weeds and debris.
Y. Day laborer agency. Day labor agencies shall comply with the following requirements:
1. Minimum distance between uses.
a. No such use shall be permitted within one thousand (1,000) feet from any other day labor agency and/or establishments listed under Section 7.05 of the City of Dearborn Zoning Ordinance.
b. No such use shall be permitted within seven hundred (700) feet from any school, childcare facility, park, residentially zoned district or any existing residential use.
2. On-site management. Management personnel shall be present on-site during normal business hours and must be accessible to day laborers, law enforcement personnel, and any other individuals who needs to establish communication upon or about the premises. On-site management also requires that the employee has the authority to exercise control over the premises to ensure that the use of the premises does not result in littering, nuisance activities, noise, or other activities that interfere with the peaceful enjoyment and use of surrounding properties.
3. Adequate seating and waiting area. The day laborer agency shall provide a waiting area located in the lobby of the day labor agency. The waiting area must accommodate seating for the maximum number of day laborers expected per day.
4. Restrooms and water access. The day laborer waiting area shall contain access to restrooms and water.
5. Trash. Trash receptacles shall be provided in the lobby waiting area. Trash and cigarette receptacles shall be provided outside the premises.
6. Litter. All litter on the site, on the public right-of-way, and on spaces adjacent to or within one hundred (100) feet of the premises of the use shall be picked up at least twice a day and at the close of business, and more often if necessary to prevent an unsightly or unsanitary accumulation, on each day that the business is open.
7. Conducting business. All waiting and business related to the day labor agency must be conducted inside the business.
Z. Alternative financial establishment. Alternative financial establishments shall comply with the following requirements:
1. Minimum distance between uses.
a. No such use shall be permitted within one thousand (1,000) feet from any other alternative financial establishment listed under Section 7.05 of the City of Dearborn Zoning Ordinance.
b. No such use shall be permitted within seven hundred (700) feet from any school, childcare facility, park, residentially zoned district or any existing residential use.
2. Hours of operation. The hours of operations for alternative financial establishments are limited to 8:00 a.m. to 8:00 p.m.
3. Drive-thru. Drive-thru transaction stations are prohibited.
4. Security.
a. The Dearborn Police Department will conduct a site security survey and provide recommendations for the alternative financial establishment that must implemented by the petitioner and/or business owner.
b. Requires unobstructed view of the business from a public street, a security plan and other approved operating and development standards.
c. Window bars, chains, etc. are prohibited.
d. At least thirty (30) percent of a first floor façade that faces a public street shall be windows or doors of clear or lightly tinted glass that allow views into the building at eye level. The business window shall not be obscured in any way, including by temporary or painted window signs.
5. Conducting business. All receipt, sorting or processing of checks, cash, and goods shall occur within a completely enclosed building.
6. Lighting. The building shall have lighting to provide illumination for security and safety of parking and access areas.
AA. Recreational vehicle storage facility. Recreational vehicle storage facilities shall comply with the following requirements:
1. Screening and security.
a. A secured wall or screening fence must be constructed around the storage lot to provide security and screening from the view of the surrounding properties and adjoining streets. Rolled razor wire on fences or walls is prohibited. No fence or wall may exceed a maximum height of eight (8) feet.
b. As a substitute for a required screening wall or fence, the Planning Commission may, in its review of the site plan, require the use of other existing and/or proposed natural landscape features (such as closely spaced evergreens, thujas, willows, cypresses, junipers, American hollies, etc.) that would produce substantially the same results in terms of screening, durability, and permanence. The character of adjoining uses and the preferences of adjoining residents or businesses shall be taken into consideration in determining whether any such substitution is appropriate.
c. When natural landscape features are required for screening as part of Special Land Use approval, a fence that meets the requirements of Section 5-127 of the Dearborn Code of Ordinances must be installed in addition to the landscape features.
2. Operations.
a. Recreational vehicle storage facilities and the operations conducted on-site shall comply with Chapter 13 "Nuisances" of the City of Dearborn Code of Ordinances.
b. All stored recreational vehicles shall be in operable condition with no disconnected, damaged, or missing parts. Recreational vehicles with signs of major damage to mechanical and body parts shall not be permitted.
c. All stored recreational vehicles must be registered with the Secretary of State during the current calendar year and display the registration decals. There are three (3) options to register a recreational vehicle with the Secretary of State. One (1) of the following three (3) registration options is required during a calendar year: A thirty (30) day option, sixty (60) day option, or twelve (12) month option.
d. No stored recreational vehicles shall be utilized for overnight sleeping or as a living accommodation.
e. No vehicles shall be displayed "for sale" on the site.
f. All boats are required to have covers for the open areas. All covers must be custom fit to the contours of the boat. No tarps or other non-custom fit covers, or ready-fit or semi-custom covers may be used. A custom fit cover is designed, manufactured and tailored to closely fit the body style and size group of the specific make, model and year of the item to be covered.
g. The facility shall not engage or operate as a site for maintenance or repair of recreational vehicles. No work or maintenance on vehicles shall be permitted.
3. Lot surface.
a. Drive aisles and outdoor storage lots/spaces shall have an asphalt or concrete paved surface and be drained to prevent standing water.
(Ord. No. 93-553, § 7.02, 2-2-1993; Ord. No. 95-643, 7-5-1995; Ord. No. 06-1088, 9-25-2006; Ord. No. 09-1200, 1-20-2009; Ord. No. 10-1277, 6-21-2010; Ord. No. 11-1306, 1-4-2011; Ord. No. 15-1458, 4-21-2015; Ord. No. 15-1479, 9-22-2015; Ord. No. 15-1483, 9-22-2015; Ord. No. 15-1492, 10-20-2015; Ord. No. 15-1501, 11-24-2015; Ord. No. 16-1519, 2-9-2016; Ord. No. 16-1531, 4-12-2016; Ord. No. 17-1582, 6-13-2017; Ord. No. 21-1722, 1-11-22; Ord. No. 22-1772, 9-13-2022)
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