The following are those uses identified as special land uses and the provisions or conditions that must be met so as to be approved in whole or conditionally.
(A) Home occupations. Home occupations not specifically permitted may be permitted in all residential districts as a special land use under the following procedures and conditions and subject further to all conditions specified in § 190.035 of this chapter.
(1) The exterior appearance of the structure shall not be altered or the occupations within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.
(2) No person other than members of the immediate family occupying the dwelling shall be employed.
(3) The occupations shall occupy no more than 25% of the floor area of the dwelling or 50% of a detached garage.
(4) There shall be no outside storage of any kind related to any home occupation.
(5) The use may not increase vehicular traffic flow and off-street parking as set forth in the off-street parking regulations in § 190.320 of this chapter shall be provided.
(6) Mechanical or electric equipment employed by the home occupations shall be comparable to the machinery or equipment customarily found in the home associated with a hobby or avocation.
(7) Only one nameplate shall be allowed, in accordance with the sign regulations at 144 square inches. It may display the name of the home occupations, for example, John Doe, Realtor, and must be attached to the principal building.
(8) No use shall create noise, dust, vibration, smell, smoke glare, electrical interference, fire hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
(9) Use of any vehicle other than a passenger vehicle utilized in connection with a home occupation shall be parked within a garage.
(B) Private outdoor recreation areas and institutional recreation centers. Private outdoor recreation areas and institutional recreation centers, subject to the provisions of this chapter, and to the following conditions.
(1) Any use requiring a structure shall have such structures so located on the site as not to be closer than 50 feet from the lot line of any adjacent residential lot.
(2) All ingress and egress from said site shall be directly on to a major thoroughfare or secondary thoroughfare.
(3) The off-street parking and general site layout and its relationship to all adjacent lot lines shall be reviewed by the Planning Commission, who may impose any reasonable restrictions or requirements so as to ensure that contiguous residential areas will be adequately protected.
(C) Parks, parkways and recreational facilities. Parks, parkways and recreational facilities, subject to the following conditions.
(1) Any use so established shall be so located and developed so as not to create a nuisance to abutting property, and so as not to be injurious to the surrounding neighborhood and not contrary to the spirit and purpose of this chapter.
(2) The development of parks or recreational facilities on waterfront sites shall be so developed as not to create visual barriers to other residential property on the waterfront or in any way restrict the use of residential property on the waterfront.
(3) Any use of land created by filling of water areas for parks and/or recreational use shall only be allowed upon the issuance of a permit by the City Engineer. Such permit shall be issued only if it can be shown that such filling of water areas will not in any way obstruct the view or hinder access to open water, or which could in any way create any hazard to health, or in any other way diminish the amenity enjoyed by land abutting the waterfront.
(D) Functional equivalent family; additional persons. The limit upon the number of persons who may reside as functional equivalent of the domestic family may be increased or enlarged upon demonstration by the applicant of all the following.
(1) There are adequate provisions on the subject property for off-street parking for each adult proposed to reside on the premises, and adequate storage for each person proposed to reside on premises.
(2) The extent of increase or enlargement of the limit upon the number of persons shall not, when considered cumulatively with existing and reasonably projected population concentration in the area, place an unreasonable burden upon public services, facilities and/or schools.
(3) There shall be a minimum of 150 square feet of useable floor space per person on the premises.
(4) If the Planning Commission grants an application under this provision, the determination shall include the specific maximum number of persons authorized to reside on the property, and minimum parking or storage requirements to be maintained.
(E) Reasonable accommodation use. This section is intended to authorize the grant of relief from the strict terms of the chapter in order to provide equal housing opportunities particularly suited to the needs of persons entitled to reasonable accommodation under law and to encourage innovation in land use and variety in design and layout. In the event state and federal law (e.g., the Federal Fair Housing Amendment Act of 1988) requires the city to make “reasonable accommodation” for a particular proposed uses of property, the following shall apply.
(1) As a condition to approval of a reasonable accommodation use, the applicant must comply with all the terms of this section, and must demonstrate all of the following:
(a) The ultimate residential uses or users of the property shall be persons for whom the state or federal law mandates the city shall make reasonable accommodations in connecting with proposed uses of land;
(b) Taking into consideration the needs, facts, and circumstances which exist throughout the community, and within the population to be served by the use, including financial and other conditions, making the proposed reasonable accommodation shall be necessary to afford such persons equal opportunity to the proposed use and enjoyment within the community;
(c) Approval of the proposed housing shall not require or will likely result in a fundamental alteration in the nature of the land use district and neighborhood in which the property is situated, considering cumulative impact of one or more other uses and activities in, or likely to be in the area, and shall not impose undue financial and administrative burden. The interests of the community shall be balanced against the need for accommodation on a case-by-case basis; and
(d) No other specific provision exists and is available to provide the relief sought.
(2) The application for a reasonable accommodation use shall include the following:
(a) A plan drawn to scale showing the proposed use and development;
(b) A separate document providing a summary of the basis on which the applicant asserts entitlement to approval of a reasonable accommodation use, covering each of the requirements of divisions (E)(1)(a) through (E)(1)(d) above;
(c) The information required for site plan review, provided, upon showing by the applicant that the inclusion of specified information generally required for site plan review would be irrelevant, the city may waive the requirement to include such material in the application; and
(d) All regulations and standards for buildings, structures and site improvements within the district in which the property is situated shall apply.
(F) Child care or day care center.
(1) May be permitted as the principal use of the property or may be permitted as an accessory use to an approved use, such as a church, school, office or other place of employment upon review and approval as a special use.
(2) A valid registration or license as required by the state shall continually be on file with the city.
(3) The facility shall be bought into compliance with all building codes.
(4) One parking space per care giver and/or employee, plus drop off space, off the street right-of-way for delivery and pick up of children shall be provided.
(6) The building shall have an appearance which is non-intrusive and consistent in color materials, roof-line and architecture with the district in which it is located, as determined by the Planning Commission.
(7) The lot shall be at least 800 feet from another child care center or day care center.
(G) General hospital.
(1) The proposed site shall have at least one property line abutting a major thoroughfare.
(2) The minimum distance of any main or accessory building from lot lines or streets shall be at least 50 feet for front, rear and side yards for all two-story structures. For every story above two, the minimum yard distance shall be increased by at least ten feet. Required front yards shall not be utilized for parking.
(3) Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or fence five feet in height. Ingress and egress to the site shall be directly from a major thoroughfare.
(4) All ingress and egress to the off-street parking area, for guests, employees, staff, as well as any other uses of the facilities, shall be from a major thoroughfare.
(H) Convalescent homes.
(1) Buildings shall not exceed a height of two stories.
(2) The maximum coverage shall not exceed 50% for all buildings including principal structures and those incidental to the principal structure.
(3) The maximum extent of development shall not exceed 30 patient units per acre.
(I) Funeral homes.
(1) Buildings shall not exceed two stories in height.
(2) The proposed site shall have at least one property line abutting a major thoroughfare or secondary thoroughfare.
(3) The service entrances to such facility shall be screened from view of abutting residential properties.
(4) All processional vehicles shall not be loaded and unloaded on a public street.
(J) Residential service facilities within buildings located in Residential RM-2 Districts.
(1) Facility may include: barber and beauty shops, drugstores, dry-cleaning and laundry pick-up stations, grocery shops, limited to a size not to exceed 2,000 square feet.
(2) Facilities shall provide services primarily to residents of the building or buildings within the RM-2 District.
(3) No display or products for sale or signage shall be visible from the exterior of the building.
(K) Business services located in O-S Districts.
(1) Businesses shall be clearly necessary as service uses to the office uses of the district or for the servicing of the workday needs of the personnel employed in the Office-Service District. These uses may include such businesses uses as drug stores, pharmacies, restaurant (not including drive-in restaurants), office supply stores, barber and beauty and other similar types of retail services.
(2) Businesses uses shall meet all requirements for off-street parking as provided in § 190.216 of this chapter.
(3) A site plan shall be submitted in accord with § 190.377 of this chapter for Planning Commission review.
(4) A landscape plan shall be submitted in accord with § 190.328 of this chapter for Planning Commission review.
(L) Limited dwelling construction in O-S Districts.
(3) Such use shall be suitably located with relation to abutting uses.
(4) Adequate site shall be provided for such buildings and proper screening shall be provided so that adverse effects due to noise, traffic or parking of adjacent uses will not result.
(5) A lot or group of lots to be used for new residential construction shall have one side of such lot or group of lots abutting a residential street or shall have one side of such lots abutting an already developing residential lot or lots, unless an adequate site layout can be arranged which will adequately protect the residential development from abutting non-residential uses in the opinion of the Planning Commission.
(M) Private clubs and lodge halls.
(1) Where such use abuts a side yard of a residence or a residential district a side yard of 20 feet shall be provided on the side yard abutting the residence or residential district. Such side yard shall not be utilized for parking and shall be planted to provide an effective buffer to abutting residences.
(2) All activities shall be conducted within an enclosed building.
(N) Automobile service station.
(1) The minimum lot area shall be 10,000 square feet, and so arranged that ample space is available for motor vehicles which are required to wait.
(2) The curb cuts for ingress and egress shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than 20 feet from a street intersection or from adjacent residential districts.
(3) There shall be provided, on those sides abutting or adjacent to a residential district or use, a four-foot solid wall such as brick, decorative block or decorative poured concrete. The height of the fence or wall shall be measured from the surface of the ground of the abutting residential district or use.
(4) All lighting shall be shielded from adjacent residential districts.
(5) The sale of propane gas is permitted provided all requirements of the International Fire Code as amended are complied with.
(O) Automobile service station with major vehicle repair.
(1) The minimum lot area shall be 10,000 square feet, and so arranged that ample space is available for motor vehicles which are required to wait.
(2) The curb cuts for ingress and egress shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than 20 feet from a street intersection or from adjacent residential districts.
(3) There shall be provided on those sides abutting or adjacent to a residential district or use, a six-foot solid wall such as brick, decorative block or decorative poured concrete. The height of the fence or wall shall be measured from the surface of the ground of the abutting residential district or use.
(4) All lighting shall be shielded from adjacent residential districts.
(5) Vehicle repair, steam cleaning and undercoating when conducted on the site shall be within a completely enclosed building. The storage of wrecked automobiles on the site shall be obscured from public view.
(6) No vehicles of any kind shall be stored in the open for a period exceeding one week.
(P) Satellite dish antennas.
(1) Satellite dish antennas over 39 inches in diameter in all residential districts:
(a) Roof-mounted antennas shall be located only on the rear one-half of the roof (that portion of the roof furthest from the street upon which the residential building abuts) so that it will be screened from the street side;
(b) Roof-mounted antennas shall not project upward beyond the height in feet allowed for the main building within the district in which said satellite antennas dish is being placed;
(c) Ground-mounted antennas shall only be located in the rear yard and shall not extend into any rear extension of required side yards; and
(d) Ground-mounted antennas shall not project upward more than 12 feet.
(2) Satellite dish antennas over 39 inches in diameter in all other districts:
(a) No ground-mounted antennas shall be permitted; and
(b) Roof-mounted antennas shall not project upward beyond 12 feet measured from the roof upon which it is mounted. The combined height of the building and antennas shall not exceed the maximum allowable height for a building designated for that particular district in which said antenna is to be mounted.
(3) Building permits shall be required before any satellite dish antennas may be installed and the installation of the antennas shall conform to all requirements of the Building Code.
(Q) Motels.
(1) It shall be demonstrated that ingress and egress does not conflict with adjacent business uses.
(2) A four-foot solid wall such as brick, decorative block or decorative poured concrete must be provided where abutting or adjacent districts are zoned for residential use. The height of the fence or wall shall be measured from the surface of the ground of the abutting residential district.
(3) No kitchen or cooking facilities are to be provided within the dwelling units with the exception of units for the use of the manager or caretaker.
(4) Each unit shall contain not less than 250 square feet of floor area.
(R) Commercial outdoor recreational space.
(1) Facilities utilized by children shall be fenced on all sides with a four-foot wall or fence.
(2) Adequate parking shall be provided off the road right-of-way and shall be fenced with a four-foot wall or obscuring fence where adjacent to the use area of the facility.
(S) Outdoor cafés.
(1) (a) Subject to all of the conditions described herein, an outdoor café may be set up and used annually from January 1 through December 31. The permitted hours of operation are:
1. Monday 7:00 a.m. to 12:00 midnight (17 hours);
2. Tuesday 7:00 a.m. to 12:00 midnight (17 hours);
3. Wednesday 7:00 a.m. to 12:00 midnight (17 hours);
4. Thursday 7:00 a.m. to 12:00 midnight (17 hours);
5. Friday 7:00 a.m. to 2:00 a.m. Saturday morning (19 hours);
6. Saturday 7:00 a.m. to 2:00 a.m. Sunday morning (19 hours); and
7. Sunday 7:00 a.m. to 12:00 midnight (17 hours).
(b) In addition to the above:
1. Each day of the Wyandotte Street Art Fair 7:00 a.m. to 2:00 a.m. of the following day (19 hours);
2. March 17 (St. Patrick’s Day) 7:00 a.m. to 2:00 a.m. of the next day (19 hours);
3. New Year’s Eve 7:00 a.m. to 2:00 a.m. of the next day (19 hours);
4. Wednesday immediately before Thanksgiving Day 7:00 a.m. to 2:00 a.m. of the next day (19 hours); and
5. Thursday immediately before Traditional Easter Sunday 7:00 a.m. to 2:00 a.m. of the next day (19 hours).
(c) Noise radiating from an outdoor café, which exceeds 75 DBA between 7:00 a.m. to 12:00 midnight or 65 DBA for all other times shall constitute prima facie evidence that such noise unreasonably disturbs the comfort, quiet and repose of persons in the area and is prohibited. The “DBA” represents the sound pressure level in decibel measured on the “A” scale of a standard sound level meter. Noise level measurements shall be taken at the zoning district boundary of any residential zoning district, recreation unit district and any planned development as may be appropriate. In all other districts, noise level measurements shall be taken at the property line of an affected property. No one will be allowed to have possession of food or drink on the café, except during the permitted hours as set forth in this section.
(d) Upon request, the City Council may by resolution, extend the dates of operations or the hours of operation. A public hearing on said request shall first be held by the Planning Commission (under the same procedures for approval of special land use). Upon receipt by the City Council of recommendation of the Planning Commission the City Council may approve the request.
(e) The criteria for approval will include the impact on adjacent or nearby residential, religious, educational or commercial properties and review of previous or current compliance with all city ordinances, state and federal regulations.
(f) Any approval for extension of dates or hours shall be issued on a calendar year basis and shall expire on December 31 and must be renewed annually. The City Council may grant a renewal of the extended dates or hours without the necessity of a public hearing if it determines the applicant is in compliance with all requirements of all city ordinances and approvals for the special land use. Any approval for extension of dates or hours is subject to revocation by the Planning Commission in accordance with § 190.306 of this chapter.
(2) A site drawing showing the detailed plan of the outdoor café must be submitted to and approved by the Planning Commission. The detailed plan is to include: the design; relevant details and location of all temporary structures such as awnings, planters, landscaping, railing, tables, chairs and other equipment, as well as lighting and electrical outlet locations. The location of entrances and exits shall be shown. For cafés on public property, the plan shall also show existing sidewalks, buildings, curbs, existing improvements (i.e., lamp posts, street trees, benches, mailboxes and the like) and an unobstructed clear area for pedestrian use (a minimum of 60 inches). A minimum clearance of seven feet shall be maintained between the sidewalk and bottom edge of table umbrellas or awnings. The layout shall show all seating, tables and chairs and shall be used to determine maximum occupancy load for the outdoor café. The occupancy load shall be posted in a conspicuous location.
(3) Plans for setting up the outdoor café must be approved by the Department of Engineering and Building to provide for the free passage of pedestrians along the sidewalks, by the Police Department to provide for traffic and pedestrian safety, and by the Fire Department for fire-safety issues. An outdoor café which is adjacent to residential properties or shares an alley with residential properties shall be screened with a solid fence a minimum of six feet high.
(4) The outdoor café must be part of a licensed restaurant and meet all the requirements of the Department of Health and any other local, county or state requirements, including the city’s ordinance and the state’s Liquor Control Commission (if applicable).
(5) For outdoor cafés on public property, liability insurance, liquor liability coverage and property damage coverage naming the city as an insured party, in an amount approved by the City Administrator, must be provided before an outdoor café may be set up and be maintained for as long as the outdoor café is in operation.
(6) Approval of the City Council is required for the proposed use of any public area or facility. All provisions of a grant of license must be complied with at all times. Consideration for approval for use of any public area shall be limited to public property that is situated within 50 feet of the extended property boundaries of property owned by the applicant. Any public outdoor café not within the road right-of-way may also require a written lease as determined by the City Council.
(7) An outdoor café in a B-2 district may provide for only 35% more seating than is provided inside the restaurant. Additional parking shall be provided for the square foot area of the outdoor café in accordance with § 190.324 of this chapter.
(8) No sign or any other form of advertising is permitted in the dining area, nor on fences or railings of such area with the exception of an identification or menu sign. The name of the establishment may appear on the valance of an umbrella. No display of merchandise for sale shall be allowed.
(9) Furnishings of an outdoor café shall consist solely of readily removable awnings, covers, canopies, railings, tables, chairs, planters containing plants and accessories. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property; except that, canopies and railings, shall be secured by means of flush mounted anchors or other methods approved by the Building Official. No objects which are part of an outdoor café, except lighting fixtures, railings, awnings or other non-permanent covers or canopies, may be attached, even in a temporary manner, to any building, or structure on which the outdoor café abuts. When the associated establishment and/or the outdoor café on public property are not open for daily use, all furnishings and fixtures, unless otherwise specifically approved, shall be removed from the public property or stored in an approved manner which shall not cause a public nuisance or hazard. The Building Official shall determine when fences on public property shall be removed. The Building Official shall determine when a hazardous condition exists in the public right-of-way and on other public property. Any fence abutting public right-of-way or in public right-of-way must be of black metal material. Shop drawings plans shall be provided with each application for fencing and all furniture on any outdoor café for review by the Planning Commission.
(10) Outdoor dining areas must remain clear of litter, food scraps and soiled dishes at all times. All outdoor cafés shall post the hours of operations as specified by the City Engineer.
(11) Annual inspection of the outdoor café to be conducted by the Engineering and Building Department for compliance with approved plan. All outdoor cafés shall apply annually to the Engineering and Building Department for approval and no person may operate an outdoor café until such annual approval by city is granted for the given year. A public hearing will be required for an existing outdoor café only if a written complaint, changes to outdoor café layout or violations are received by any city department in the previous year. The Engineering and Building Department will be responsible to receive written complaints concerning an outdoor café and said complaints shall be forwarded to the Planning Commission. The City Council will approve an application checklist which will include yearly fees for application review, inspections, use of public area and review of insurance. This checklist will be utilized for inspection by the Engineering and Building Department. The yearly fee will be established by City Council resolution.
(T) Second floor dwellings in office/business buildings.
(1) A determination shall be made that such dwellings will be compatible with other uses on adjacent properties.
(2) No dwelling unit shall occupy any portion of the building at ground level or below ground level.
(3) Dwellings shall meet all applicable codes and ordinances of the city, county and state.
(4) Off-street parking is required for all residential dwellings.
(U) Pool halls and amusement arcades.
(1) Facilities shall be subject to all codes and ordinances governing such establishments.
(2) Locations for any such establishment shall be confined to major thoroughfares and shall have the entrance to both the business and parking area for such establishment on the thoroughfare. Access from a side residential street or alley shall be prohibited.
(3) Locations for any such facility shall be no closer than 500 feet to the property line of any elementary, intermediate or high school.
(4) No such business shall be located within 500 feet of the property line of a similar business.
(V) Outdoor sales space for new or used automobiles, recreational vehicles, mobile homes and boats.
(1) All lighting shall be shielded from adjacent residential districts.
(2) Ingress and egress to the outdoor sales area shall be at least 20 feet from the intersection of any two streets.
(3) A four-foot wall such as brick, decorative block or decorative poured concrete shall be provided when abutting or adjacent districts are zoned or used for residential use. The height of the fence or wall shall be measured from the surface of the ground of the abutting residential district.
(4) No major repair or major refinishing shall be done on the property.
(5) A suitable building of at least 150 square feet for said use shall be located on the site.
(6) A minimum lot width of 50 feet fronting on a street and containing a minimum of at least 5,000 square feet of area shall be provided.
(7) The provisions of Public Act 495 of 2004 shall be complied with including as a minimum 1,300 square feet to accommodate ten vehicles and a minimum of 650 square feet for customer parking.
(8) No used car lot shall be permitted within 750 feet of another used car lot.
(9) Outdoor sales spaced for new or used automobiles, recreational vehicles, mobile homes and boats shall only be allowed on Fort Street (M-85).
(W) Bed and breakfast dwelling.
(1) Bed and breakfast dwellings are to be allowed only in areas within close proximity to the Central Business District and shall be limited to that area bounded by Eureka Avenue, Fourth Street, Ford Avenue and the Detroit River (hereinafter referred to as “geographical area”) or may be allowed in historically designated buildings located within or outside the geographical area within the city.
(2) Such dwellings shall meet all applicable codes and ordinances of the city, county and state.
(3) Floor plans drawn to scale of all floors to be utilized for bed and breakfast activities shall be submitted to the Planning and Rehabilitation Commission.
(4) Dwellings shall be suitable in character for the use proposed and shall not be cause for a change in character of the neighborhood.
(5) The dwelling shall be the permanent residence of the bed and breakfast operator.
(6) The dwelling shall exhibit historical qualities with not more than five sleeping rooms available for guests of the bed and breakfast dwelling.
(8) There shall be no separate cooking facilities provided for the bed and breakfast occupants. Meals, other than those served as a part of the normal operation of the household, shall be served only to occupants of the bed and breakfast facility.
(9) Occupancy shall be of a transient nature for periods not to exceed one week in duration in any one month by any transient occupant. A guest registry indicating name, address, phone number and vehicle license number shall be kept indicating dates of arrival and departure of guests and shall be available to the Police Department for inspection upon request.
(10) An unlighted sign not to exceed six square feet in area may be provided. Such sign may be provided as a ground sign or a wall sign.
(11) Off-street parking shall be provided based upon one space for each rental room and one space for the operator of the facility. It is the city’s intent to not encourage yards to be destroyed, landscaping removed or the integrity of the neighborhood altered in order to provide parking. In those instances where parking requirements cannot be met, the applicant may request special consideration from the Planning Commission. In such a case, the applicant shall submit an analysis of parking required and parking provided within a 300-foot radius of the subject parcel. After analyzing this data, the Planning Commission may lower the number of the required parking spaces based on the fact the sufficient off-street parking exists in the neighborhood.
(12) Such bed and breakfast dwelling shall not be located within 300 feet as measured from the nearest property lines of another such facility.
(13) A bed and breakfast dwelling established shall be considered to have ceased operation when active rental of the facility lapses for six months or more.
(14) A bed and breakfast dwelling located in the geographic area shall be a single-family dwelling or a historically designated building. A bed and breakfast dwelling located outside the geographic area shall be a historically designated building that was not formerly used as a residential building or dwelling.
(X) Drive-in or drive-through restaurant.
(1) A setback of at least 20 feet from the right-of-way line of any existing or proposed street shall be maintained.
(2) Access points shall be located at least 60 feet from the intersection of any two streets.
(3) All lighting shall be shielded from adjacent residential districts.
(4) A six-foot-high solid wall such as brick, decorative block or decorative poured concrete shall be provided when abutting or adjacent districts are zoned residential. The height of the wall shall be measured from the surface of the ground of the abutting residential district.
(5) Locations for any such establishment shall be confined to major thoroughfares and shall have the entrance to both the business and parking area for such establishment on the thoroughfare. Access from a side residential street or alley shall be prohibited.
(Y) Auto wash.
(1) All buildings shall have a front yard setback of not less than 50 feet.
(2) All washing facilities shall be within a completely enclosed building, except self-serve facilities.
(3) Vacuuming and drying areas may be located outside the building, but shall not be in the required front yard and shall not be closer than 25 feet to any residential district.
(5) Ingress and egress points shall be located at least 60 feet from the intersection of any two streets.
(6) All off-street parking and waiting areas shall be hard surfaced and dust free.
(7) All lighting shall be shielded and directed away from adjacent residential districts.
(8) A six-foot solid wall such as brick, decorative block or decorative poured concrete shall be provided where abutting to a residential district. The height of the wall shall be measured from the surface of the ground of the abutting residential district.
(9) Locations for any such establishment shall be confined to major thoroughfares and shall have the entrance to both the business and parking area for such establishment on the thoroughfare. Access from a side residential street or alley shall be prohibited.
(Z) Marina and boat livery facilities.
(1) Such facilities shall have direct access to the water.
(2) Secure mooring shall be provided.
(3) Retail stores dealing in boating accessories and supplies may be provided.
(4) Repair of boats may be permitted subject to adequate measures to control any nuisance factors and subject to all federal, state and city regulations.
(5) A designated area for repairs shall be required.
(6) Off-street parking shall be available from May 1 to September 15 and boats shall not be stored on required parking spaces during this time period.
(AA) Uses authorized by special license (adult entertainment facilities).
(1) Procedure. It shall be unlawful to establish any use authorized by special license, expect as hereinafter provided.
(a) Application shall be made to the City Council by the owner or person having interest in the subject property for an annual license to use the subject property for one or more uses authorized by special license. Application fee shall be not less than $200. The City Council shall refer the application to the Planning Commission.
(b) Any applicant for a use authorized by special license shall submit a site plan in accordance with § 190.377 of this chapter.
(c) The application shall be reviewed, and a report with recommendation shall be made, by the Planning Commission to the City Council. The Planning Commission shall conduct necessary field inspections, surveys and investigations; and otherwise process said application in order to arrive at a proper recommendation. The cost incurred by the referenced inspection, surveys and investigation shall be paid by the applicant.
(d) Recommendation by the Planning Commission shall be given only after a public hearing. Such hearing shall be carried out in accord with the requirements of Public Act 110 of 2006 as amended.
(e) The City Council shall either approve, approve with conditions, or deny the application in accordance with the standards set forth in this section.
(f) Upon approval or approval with conditions of the application by the City Council, an annual license shall be authorized for the use authorized by special license. Said annual license shall be a non-transferable license for the life of the use, and shall be issued upon payment by the applicant of the costs incurred in the review process, as referenced in divisions (AA)(1)(a) and (AA)(1)(c) above, and an annual license fee to be determined by resolution of the City Council.
(2) Approval standards.
(a) Uses authorized by special license shall be limited to property zoned B-2 (General Business District) and further limited as described in this chapter.
(b) No use authorized by special license shall be established within 1,000 feet of a public or private school or place of worship. Measurement shall be made from the boundary of said school or place of worship on a straight line to the boundary of the proposed uses authorized by special license.
(c) No use authorized by special license shall be established within 1,000 feet of any residentially zoned district. Measurement shall be made from the boundary of all residentially zoned property on a straight line to the boundary of the proposed uses authorized by special license.
(d) No use authorized by special license shall be established within 1,000 feet of any other use authorized by special license. Measurement shall be made from front door to front door along the street line.
(e) No use authorized by special license shall be approved by the City Council unless all of the following findings are made:
1. The establishment, location, maintenance and operation of the use authorized by special license will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
2. The use authorized by special license will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted nor substantially diminish or impair property values within the neighborhood;
3. The establishment of the use authorized by special license will not impede the normal and orderly development and improvement of surrounding property and uses permitted within the zoning district;
4. The use authorized by special license will not be conducted in any manner that permits the observation of any material depicting or describing specified sexual activities or specified anatomical areas, from any public way or from any other property. This provision shall apply to any display, decoration, sign, show window or other opening; and
5. The use authorized by special license will conform with all other requirements of the zoning district.
(f) Prior to granting any use authorized by special license, the City Council may impose any additional conditions or limitation upon the establishment, location, construction, maintenance or operation of the use authorized by special license as may in its judgment be necessary for the protection of the public interest and to secure compliance with the standards as specified above. The City Council may require such evidence and guarantees as it deems necessary as proof that the conditions stipulated in connection therewith are being and will be fulfilled.
(g) The City Council may waive the location requirement of this division (AA)(2) if the following findings are made:
1. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;
2. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation;
3. The proposed use will not enlarge or encourage the development of a skid row blighting influence for the area; and
4. All applicable requirements of this section will be complied with.
(h) In any case where a use authorized by special license has not been established within six months after the granting of an annual license therefor, then without further action by the City Council, the annual license for the use authorized by special license shall be null and void.
(3) Re-submittal of application. No application for a use authorized by special license which has been denied wholly or in part by the City Council shall be resubmitted for a period of one year from the date of said order or denial, except on the grounds of new evidence or proof of changed conditions found to be valid as determined by the City Council.
(4) Violations. The failure of a licensee under this section to comply with the requirements thereof and all other applicable laws and ordinances shall constitute a violation and shall result in revocation of the license by the City Council and shall subject licensee, property owner and any other person violating this section to the fines and penalties set forth in this chapter.
(5) Appeal. An appeal may be taken to the Circuit Court from any decision of the City Council on an application for the use authorized by special license or revocation of a license for a use authorized by special license.
(6) Public nuisance per se. Any violation of any provision of this section is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
(7) Amortization of non-conforming adult entertainment facilities. Any adult entertainment facility lawfully operating on the effective date of this section that is in violation of the locational or other standards or requirements of this section shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed six months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more; provided, however, said non-conforming use shall be permitted to continue for an additional six-month period if said adult entertainment facility applies for said extension to the City Council in the first six-month period. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more adult entertainment facilities are within 1,000 feet of one another and otherwise in a permissible location, the adult entertainment facility that was first established and continually operated at a particular location is the conforming use and the later established business(es) is non-conforming.
(BB) Beverage container processing.
(1) All processing shall be conducted within an enclosed building.
(2) Outdoor storage of unprocessed or processed containers shall be allowed only within an area surrounded by a masonry wall on those sides visible from adjacent properties or visible to the public.
(3) Compacting of beverage containers shall be conducted within buildings.
(4) Utilization of metal cleaning material shall be conducted within buildings and cleaning materials shall be stored within buildings in a safe and secure manner.
(5) Metal cutting by use of torch or other method in which glare or radioactive materials may be present, shall be conducted inside buildings and shall be shielded from public view. Fuel tanks shall be stored in such manner that fire hazards are minimized.
(CC) Junkyards.
(1) All ordinances of the city as applied to these activities shall be complied with.
(2) The location for such facilities shall be allowed only where property abuts railroad tracks or yards.
(3) No such use shall be allowed within 500 feet of a residential district.
(4) Open burning of materials or the open burning of junk cars shall be prohibited.
(DD) Sewage disposal plants.
(1) Appropriate measures to control odor shall be instituted to minimize effects on residential areas.
(2) The perimeters of the area shall be suitably landscaped.
(EE) Industrial and retail uses in IRO Districts.
(1) Any of the following industrial uses when conducted wholly within a completely enclosed building:
(a) The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, pharmaceutical, toiletries, food products, vitamins, hardware and cutlery, tool, die, gauge and machine shops;
(b) The manufacture, compounding, assembly or treatment of articles of merchandise from the following previously prepared materials: bone; canvas; cellophane; cloth; cork; feathers; felt; fiber; fur; glass; hair; horn; leather; paper; plastics; precious or semi-precious metals or stones; sheet metal (excluding large stamping such as automobile fenders and bodies); shell; textiles; tobacco; wax; wire; wood (excluding saw and planing mills); and yarns;
(c) The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;
(d) Manufacture of musical instruments, toys, novelties and metal or rubber stamps or other small molded rubber products;
(e) Manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs; and
(f) Experimental, film or testing laboratories.
(2) Retail and service uses shall be permitted in buildings which exceed one story in height as secondary uses to the principal permitted office uses:
(a) Personal service establishments, such as but not limited to repair shops (watches, radio, television, shoes and the like), tailor shops, beauty parlors or barber shops, laundries or dry cleaners, printing or photographic reproduction, photographic, art or interior decorating studios; and
(b) Restaurants or other places serving food or beverage, but not including drive-in/fast food, carry out or drive-through restaurants, and subject further to the following conditions.
1. Such uses shall be located within an office structure.
2. The location of such uses shall be established at the time of site plan review and approval for the total development complex.
(3) The uses subject to special conditions in IRO Districts shall be subject to the following conditions:
(a) Such uses shall not be permitted in a building separate from a permitted principal use.
(b) The total area devoted to such uses in a building shall not exceed 25% of the total floor area of the building.
(c) All uses shall have customer entrances from the interior of the principle building in which they are located.
(FF) Public utility facilities and uses.
(1) Such facilities shall not provide outdoor storage yards.
(2) Operating requirements necessitate locating said facilities within the district in order to serve the immediate vicinity.
(3) Adequate screening of facilities shall be provided when such facilities abut residential property.
(GG) Residential boutiques.
(1) Residential boutiques are prohibited in all districts, except those districts located on Oak Street and Eureka Avenue which allow single-family dwellings.
(2) Permits shall be subject to renewal by the Planning Commission.
(3) Retail trade activity for goods is permitted.
(4) A certificate of occupancy and all other state and city permits and licenses as may be appropriate shall be required.
(5) The building shall be inspected by the Engineering Department to assure compliance with all city requirements for a business activity in conformance with applicable city ordinances.
(6) The owner of the property requesting a residential boutique shall provide a site plan prior to the public hearing in accord with the site plan requirements of § 190.377 of this chapter, with particular emphasis on identifying all on site and off-site parking locations and hours of availability for any off-site location. There shall be no parking in required setback areas. The Planning Commission shall determine the number of vehicles that can be parked at any time during business hours.
(7) No additions to the building on the site are permitted.
(8) A residential boutique activity may be carried on by the property owner and not to exceed two employees.
(9) The hours of operation of a residential boutique shall be subject to determination of the Planning Commission.
(10) One unlighted ground sign with a maximum of 12 square feet of sign area per sign face and located five feet from the property line shall be permitted.
(11) The storage of goods and/or materials outside of a building is prohibited.
(12) No business that includes the storage, repair or sale of firearms or ammunition shall be permitted.
(13) A residential boutique does not include boarding or rooming houses, bed and breakfast establishments, new and used automobile sales, services and repair, or similar uses.
(HH) Auto and machinery assembly plants.
(1) Areas other than employee and visitor parking areas shall be provided for delivery truck parking.
(2) Adequate maneuvering lanes shall be provided abutting the site for arrival and departure of trucks and vehicles delivering goods or existing with finished products.
(3) Assurance that all requirements for performance within all codes and ordinances of the city shall be provided prior to issuance of an occupancy permit.
(II) Towers and antennas for wireless communication facilities.
(1) Towers and antennas for wireless communication facilities shall be permitted in I-1, I-2 and I-3 Districts and on municipally owned or controlled property subject to the following.
(a) The height of the tower and antennas shall not exceed 200 feet, measured from the grade at the base of the tower to the top of the highest antennas.
(b) The base of the tower shall be located centrally on a continuous parcel so that there shall be a distance of not less than one and one-half the height of the tower to all points on each property line.
(c) If located on the same zoning lot with another permitted use, such tower and any other accessory structures shall not be located in a front yard or side yard.
(d) A tower shall not be located within one mile of another freestanding tower. Towers shall be designed and constructed to accommodate multiple antennas on the same tower. Certified plans shall indicate the location of future antennas. Owner of towers shall not unreasonably deny other companies to locate antennas on the owners tower.
(e) The site of the tower shall be properly fenced or secured to prevent access to the tower by unauthorized persons.
(f) A certified, sealed statement by a licensed engineer or architect verifying that the tower, antennas or pole including all attachments will withstand wind speeds of up to 100 mph with no ice and 74 mph with up to one-half-inch of radial ice shall be furnished with the application.
(g) A licensed engineer shall certify that the wireless communication systems signal(s) will not interfere with the ability of surrounding uses to receive signals from different radio, television, telephone or other electronic equipment. Compliance with Federal Aviation Agency and Federal Communications Commissions standards shall be required.
(h) Towers shall be of a color which blends into the surrounding area. Advertising or signage shall not be permitted on any tower, antennas or related structures.
(i) Antennas and supporting structures shall be permitted to be placed on the roofs of buildings subject to the following conditions.
1. The principal use and any building or structure located on the property shall conform to all existing ordinance requirements.
2. Existing structures 75 feet or greater in height above ground may be used to support antennas not exceeding 35 feet above the structure.
3. Existing structures less than 75 feet in height above ground may be used to support antennas provided the antenna is not higher than the structure and the antenna(s) are screened from view by materials which will maintain the normal appearance of the structure.
(j) If the use of any tower and antennas is discontinued for a period of 12 consecutive months the use shall be considered abandoned, and the owner of such tower shall remove same within 90 days from receipt of notice from the city. The city may remove the tower or antennas at the owner’s expense. If there are two or more users of a single tower, then these provisions shall not become effective until all users cease using the tower.
(JJ) Wind energy systems.
(1) Height and type.
(a) Only monopole construction shall be permitted.
(b) The total height of a wind energy system tower, including maximum extension of the top of the blade, shall not exceed the maximum height for structures permitted in the zoning district.
(2) Setback. A wind energy systems tower shall be set back a distance equal to one and one-half times its total height from:
(a) Any public road right-of-way, unless written permission is granted by the governmental entity having jurisdiction over the road.
(b) Any overhead utility lines, unless written permission is granted by the affected utility.
(c) All property lines, unless written permission is granted from the affected landowner or neighbor.
(d) Support cables, if provided, shall be anchored to the ground no closer than ten feet to any property line.
(e) In instances where such wind energy system is located abutting the Detroit River a setback of 100 feet shall be required.
(3) Access.
(a) All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(b) The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(4) Speed controls. Each wind turbine system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application shall include a statement by a registered professional engineer certifying that the rotor and over speed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer shall certify the structural compatibility of towers with rotors and equipment.
(5) Sound pressure level. Wind energy systems shall not exceed 55 dB(A) at the property line closest to the wind energy systems. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A), plus five dB(A).
(6) Electrical wires. All electrical wires associated with a wind energy system, other than those necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.
(7) Code compliance. Wind energy systems including towers shall comply with all of the applicable construction codes, electrical codes and the National Electric Code.
(8) Discontinued use. Any wind energy system that is discontinued for a period of 12 consecutive months shall be considered abandoned, and the owner of such tower shall remove same within 90 days from receipt of notice from the city. The city may remove the tower at the owner’s expense.
(KK) Joint use parking facilities.
(1) Parking shall meet or exceed the standards of § 190.324 of this chapter.
(2) Joint use of parking facilities may only be allowed subject to assurance that all of the parking facilities to be utilized jointly will not in any way overlap in times of utilization.
(3) Assurance should be had that the joint use parking facility will not negatively impact abutting properties and the neighborhood due to overflow parking, traffic or hours of operation.
(LL) Stores that sell alcoholic beverages.
(1) A masonry wall not less than five feet high or a densely planted evergreen plating not less than five feet high shall be provided abutting any residential district and conform to § 190.326(K) and (O) of this chapter.
(2) All outdoor lighting shall be screened from nearby residential areas.
(3) No drive through service areas should be provided.
(4) Outdoor storage of any nature is prohibited.
(5) On street truck loading and unloading is prohibited.
(6) Signage shall be limited to that provided for in § 190.329 of this chapter. No signs advertising products and prices of any nature shall be permitted on the outside walls, windows, doors or the roof of the building.
(7) A certificate of occupancy and all other state and city permits and licenses as may be appropriate shall be required.
(MM) Murals.
(1) Design review by the Design Review Committee (§ 190.320 of this chapter) may be requested by the Planning Commission when a proposed mural is within the design review district.
(2) A mural on private property will be reviewed and approved or denied by the Planning Commission.
(3) A mural on public property will be reviewed by the Planning Commission and a recommendation made to the City Council for approval or denial.
(4) A dimensioned sketch plan in color on a dimensioned wall elevation shall be provided for review.
(5) Murals shall only be permitted on the side or rear walls of buildings. Permission of a building owner in writing shall be obtained before a mural may be applied.
(6) A mural shall not serve as an advertising device for any product or business.
(7) Murals shall be allowed only on building walls that do not contain signs on the same wall as occupants of the building.
(8) Murals depicting partially nude or seminude persons shall be prohibited.
(9) Materials utilized in painting a mural shall have proven durability and shall be maintained or removed if not maintained.
(10) The city may require a bond for assurance that such mural is maintained or removed.
(11) Lighting of a mural may be permitted, provided it is not of an intermittent or flashing type.
(12) Graffiti shall not be considered as a mural and shall not be permitted.
(NN) Public art.
(1) Review of public art by the Design Review Committee may be requested by the Planning Commission when proposed public art is to be placed within the design review district.
(2) Public art on private property will be approved or denied by the Planning Commission.
(3) Public art on public property will be reviewed and a recommendation made to the City Council for approval or denial.
(4) Public art shall not constitute a hazard to the public.
(5) Public art shall be located so as not to hinder access on public streets or rights-of-way.
(6) Public art shall not serve as an advertising device for any product or business.
(7) Public art shall be of durable construction and shall be maintained or removed if not maintained.
(8) Lighting of public art may be permitted, provided it is not of an intermittent or flashing type.
(9) The city may require a bond for assurance that such public art is maintained or removed.
(OO) Domesticated companion animal lodging facility.
(1) An establishment where domesticated companion animals are kept or confined for the purpose of providing training, boarding, sale or day care or extended sheltering, and includes kennels.
(2) A domesticated companion animal lodging facility which includes a dog kennel, shall obtain a kennel license in accordance with the “Dog Law of 1919” as amended, or as may be amended, as currently set forth in M.C.L.A. §§ 287.270 et seq.
(3) The facility shall be brought into compliance with all city codes and ordinances.
(5) The required outdoor area for dog run shall be at least 120 square feet per dog able to be housed at the facility, or individual pens for each dog shall be a minimum three feet wide, ten feet long and six feet in height. Dog runs and pens shall include areas shaded from the sun. Dog runs and pens shall be allowed in rear yards only with an obscuring fence or wall on all sides, and shall not encroach into any required side or rear yard setback.
(6) The domesticated companion animal facility shall comply with § 90.040 of this code of ordinances.
(7) A six-foot solid wall such as brick, decorative block, or decorative poured concrete must be provided where abutting or adjacent districts are zoned or used as residential. The height of the wall will be measured from the surface of the ground at the rear yard line of the premise.
(8) Off-street parking shall be provided at one parking space for each employee in the largest working shift and one additional parking space for each four animals able to be housed.
(9) All lighting shall be shielded from adjacent residential districts.
(PP) Kennel.
(1) An establishment where three or more dogs are kept or confined for sale, boarding, breeding or training purposes. A kennel established as an accessory use by a licensed veterinarian or technician specializing and trained in the medical treatment or medical observation of dogs shall be allowed in the zoning district in which the primary use is allowed for short-term recovery and observation only, and shall not include outdoor dog runs or pens.
(2) A dog kennel shall obtain a kennel license in accordance with the “Dog Law of 1919” as amended, or as may be amended, as currently set forth in M.C.L.A. §§ 287.270 et seq.
(3) The facility shall be brought into compliance with all city codes and ordinances.
(6) Outdoor area for dog run shall be at least 120 square feet per dog able to be housed at the facility, or individual pens for each dog shall be a minimum three feet wide, ten feet long and six feet in height. Dog runs and pens shall include areas shaded from the sun. Dog runs and pens shall be allowed in rear yards only with an obscuring fence or wall on all sides, and shall not encroach into any required side or rear yard setback.
(7) A six-foot solid wall such as brick, decorative block, or decorative poured concrete must be provided where abutting or adjacent districts are zoned or used as residential. The height of the wall will be measured from the surface of the ground at the rear yard line of the premise.
(8) Off-street parking shall be provided at one parking space for each employee for the largest working shift and one additional parking space for each four animals able to be housed.
(9) All lighting shall be shielded from adjacent residential districts.
(Prior Code, App. A, § 2202) (Ord. 1277, passed 4-2-2007; Ord. 1320, passed 1-25-2010; Ord. 1342, passed 3-14-2011; Ord. 1373, passed 10-8-2012; Ord. 1411, passed 7-13-2015; Ord. 1424, passed 3-14-2016; Ord. 1434, passed 10-10-2016; Ord. 1463, passed 4-30-2018; Ord. 1498, passed 9-28-2020)