City of Ann Arbor - File #: 19-1223

File #:

19-1223 Version: 1

Name:

8/5/19 -- Amendment to Chapter 55 (Office District Permitted Uses, Accessory Restaurant/Bar/Food Service Use Specific Standards)

Type:

Ordinance

Status:

Passed

File created:

8/5/2019

In control:

City Council

On agenda:

9/3/2019

Final action:

9/3/2019

Enactment date:

8/5/2019

Enactment #:

ORD-19-27

Title:

An Ordinance to Amend Section 5.15, Table 5-15 and Section 5.16.6 of Chapter 55 (Unified Development Code) of Title V of the Code of the City of Ann Arbor (Office District Permitted Uses, Accessory Restaurant/Bar/Food Service Use Specific Standards) (Ordinance No. ORD-19-27)

Attachments:

1. ORD-19-27 UNIFIED DEVELOPMENT CODE Briefed and Approved.pdf, 2. ORD-19-27 Briefed.pdf, 3. Ordinance to Amend Chapter 55 (O District Accessory Restaurants).pdf, 4. Staff Report June 4, 2019, 5. ORD-19-27 Summary Publication to News.docx

Related files:

19-1118, 19-1224

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
9/3/2019	1	City Council	Held and Closed		Action details	Meeting details	Not available
9/3/2019	1	City Council	Adopted on Second Reading	Pass	Action details	Meeting details	Not available
8/5/2019	1	City Council	Approved on First Reading	Pass	Action details	Meeting details	Not available

Title

Memorandum

Amendments are proposed to the Unified Development Code to allow accessory restaurant, bar and food service use in the O district, up to 10% of the total floor area of the site or 12,000 square feet.

The owner and manager of several office developments submitted a petition to allow restaurants at the largest office developments, which was postponed by the Planning Commission following a public hearing on March 18, 2019. At its April 9, 2019 working session, the Planning Commission asked for revisions to allow restaurants in proportion to lot size throughout the O district and with similar standards as other accessory uses in other special purpose districts. The attached ordinance was recommended for approval by the Planning Commission following a continued public hearing on June 4, 2019.

Attachments: Proposed Ordinance to Amend Chapter 55

Planning Staff Report - June 4, 2019
Planning Commission Minutes - June 4, 2019

Staff

Prepared by: Alexis DiLeo, City Planner

Reviewed by: Brett Lenart, Planning Manager

Derek Delacourt, Community Services Area Administrator

Approved by: Howard S. Lazarus, City Administrator

Body

ORDINANCE NO. ORD-19-27

First Reading: August 5, 2019 Approved: September 3, 2019

Public Hearing: September 3, 2019 Published: September 12, 2019

Effective: September 22, 2019

unified development code

(OFFICE DISTRICT PERMITTED USES, ACCESSORY RESTAURANT/BAR/FOOD SERVICE USE SPECIFIC STANDARDS)

AN ORDINANCE TO AMEND SECTION 5.15, TABLE 5-15, AND SECTION 5.16.6 OF CHAPTER 55 (UNIFIED DEVELOPMENT CODE) OF TITLE V OF THE CODE OF THE CITY OF ANN ARBOR

The City of Ann Arbor ordains:

Section 1. That Section 5.15, Table 5-15, of Chapter 55 (Unified Development Code) of Title V of the Code of the City of Ann Arbor is amended as follows:

Table 5-15: Permitted Use Table P= Permitted E = Special Exception A= Permitted Accessory Use Blank Cell = Prohibited NOTE: All properties are subject to the additional standards indicated for that use in the right column NOTE: All properties in overlay districts are subject to the additional use regulations in Sec. 5.13 NOTE: Specific uses in the C1A/R, RE, and ORL districts are subject to additional standards found in Sections 5.12.5, 5.13.4, and 5.13.5 respectively

Use Category and Type

Residential

Mixed Use

Nonresidential and Special Purpose

Use-Specific Standards

R1A

R1B

R1C

R1D

R1E

R2A

R2B

R4A

R4B

R4C

R4D

R4E

C1A

C1B

C1A/R

C2B

ORL

M1A

PRIMARY USES

Residential

Household Living

Adult Foster Care

Dwelling, Assisted Living

Dwelling, Multi-Family

Dwelling, Single-Family

Dwelling, Townhouse

Dwelling, Two-Family

House Trailer/Mobile Home Park

Group Living

Emergency Shelter

Fraternities, Sororities, and Student Cooperative Housing

Group Housing

Guest House

Public/ Institutional

Community and Cultural

Cemetery

Club Headquarters or Community Center

Conference Center

Correctional Facility

Museum, Art Gallery

Funeral Services

Government Offices and Courts

Library

Park, Recreation and Open Space

Religious Assembly

Day Care

Adult Day Care Center

Child Care Center

Educational

Institutions of Higher Learning, Private

Institutions of Higher Learning, Public

School, Private

School, Public

School, Trade/Industrial

Health Care

Hospital

Nursing Care Facility

Commercial

Lodging

Bed and Breakfast

Hotel

Recreation, Entertainment, and Arts

Adult Entertainment Business

Artist Studio

General Entertainment

Indoor Recreation

Outdoor Recreation

Sales

Automobiles, Motorcycles, Recreational Vehicles, Equipment (Sales and Rental)

Fueling Station

Outdoor Sales, Permanent

Medical Marijuana Provisioning Center

Restaurant, Bar, Food Service

Retail Sales, General Merchandise

Wholesale, Resale, Building Material and Supplies

Services and Repair

Automobile, Truck, Construction Equipment Repair

Contractors, General Construction, and Residential Building

Laundry, Cleaning, and Garment Services

Parking Lot or Structure

Personal Services

Vehicle Wash

Veterinary, Kennel, and Animal Boarding

Office and Research

Office-Type

Bank, Credit Union, Financial Services

Office, General

Medical/Dental

Nonprofit Corporations

Research and Development

Laboratory

Medical Laboratory

Medical Marijuana Safety Compliance Facility

Research/Development

Transportation

Medical Marijuana Secure Transporter

Railroad and Public Transportation Rights-of-Way

Transit Center, Station, or Depot

Transportation Facilities

Industrial

Agricultural

Agriculture/Greenhouse

Barns

Borrow Pits

Medical Marijuana Grower

Manufacturing, Processing, Assembly, and Fabrication

Asphalt, Concrete Mixing Plant, Sand and Gravel Pit

Coal and Coke Dealer

Food and Beverages

Heavy Manufacturing

Laundry and Dry Cleaning Plant

Light Manufacturing

Medical Marijuana Processor

Marijuana-Infused Product Processor

Oil and Gas Wells

Pilot Manufacturing

Scrap and Waste Material

Slaughterhouse

Utilities and Communications

Broadcasting Facility

Data Processing and Computer Centers

Electric, Gas, and Sanitary Services

Power and Fuel Rights-of-Way

Wireless Communication Facilities

Warehousing and Storage

Outdoor Storage

Warehousing and Indoor Storage

Accessory Uses

All Accessory Buildings

Bed and Breakfast, Accessory

Community Recreation

Dish Antenna

Drive-Through Facility

Dwelling Unit, Accessory

Dwelling Unit, Manager’s

Family Day Care Home

Group Day Care Home

Home Occupation

Incidental Services

Management/Maintenance Office and Storage

Medical Marijuana Home Occupation

Medical Marijuana Use or Cultivation

Office, Administrative/Executive

Outdoor Display and Vending Machines

Outdoor Sales, Temporary

Parking Attendant Building

Restaurant, Bar, Food Service

Retail Sales, General Merchandise

Roadside Stand

Solar Energy System

Solar Energy System, Personal-Scale

Wireless Communication Antenna

Temporary Uses

Christmas Tree Sales

Outdoor Sales, Temporary by Others

Special Event Sales

: All properties are subject to the additional standards indicated for that use in the right column

TE:

Section 2. That Section 5.16.6 of Chapter 55 (Unified Development Code) of Title V of the Code of the City of Ann Arbor be amended to read as follows:

5.16.6 Accessory Uses and Structures

A. All Accessory Uses and Structures

1. General

No Accessory Building shall be used prior to the Principal Building or Principal Use, except as a construction facility for a Principal Building. Such construction facility shall not be used for residential purposes. This exception is a temporary Accessory Building which shall lapse 30 days after completion of the Principal Building or Buildings.

2. In R-1, R-2, R-3, R-4, R-5, R-6, and P Zoning Districts

Accessory Buildings in these districts shall conform to the following regulations, except as may otherwise be provided in this chapter:

a. Accessory Buildings shall not exceed 21 feet in height, except in the R-6 District Accessory Buildings shall not exceed 15 feet.

b. Accessory Buildings shall not be erected in any Required Front Setback Area.

c. Detached Accessory Buildings may occupy the Side Setback Area provided that such Buildings are set back farther from the street than any part of the Principal Building on the same Lot and any part of the Principal Building on any Lot abutting said required Side Setback Area. Accessory Buildings shall not be located closer than three feet to any Lot Line.

d. Accessory Buildings may occupy Rear Setback Areas provided that such Buildings do not occupy more than 35% of the required Rear Setback Area and are not closer than three feet to any Lot Line.

e. Attached Accessory Buildings shall not occupy any portion of the required Side Setback Area.

3. In All Other Districts

Accessory Structures and Accessory Buildings are subject to the Area, Height, and Placement regulations of the zoning district in which they are located as provided in 5.17 Area, Height and Placement Regulations and 5.18 Special Dimensional and Site Layout Standards.

B. Dish Antenna

1. General

a. No Person shall install a Dish Antenna greater than three feet in diameter without having obtained a building permit and an electrical permit.

b. Dish Antennas in any zoning district shall be installed and maintained in compliance with applicable building and electrical codes.

c. Not more than one Dish Antenna greater than three feet in diameter shall be allowed on any Lot unless shown on an approved site plan.

d. Dish Antennas must be solid in color.

e. Dish Antennas must be permanently mounted except under the following circumstances:

i) The Dish Antenna has been designed and sold as a portable antenna not intended for permanent installation, and the diameter of the Dish Antenna does not exceed six feet. Portable Dish Antennas shall meet the requirements of Section 5.1.1B.2.c through e of this Section.

ii) Portable Dish Antennas may be installed at locations other than required in Subsections 2, 3, and 4 for not more than seven days in any 30-day period.

2. R-1, R-2, R-3 or R-6 Districts

a. Dish Antennas shall be ground mounted.

b. The diameter shall not exceed ten feet.

c. The height shall not exceed 12 feet.

d. Dish Antennas shall be located only in the area between the rear of the principal Structure and the Rear Lot Line.

e. Dish Antennas shall not be placed closer to any Lot Line than its height.

3. R-4 District

Dish Antennas may be erected in any R-4 zoning district in accordance with the standards of Subsection 2, but they may be mounted on a Roof if they do not exceed the height limit of the district.

4. All Districts Other Than R-1, R-2, R-3, R-4 and R-6 Districts

a. The diameter shall not exceed 12 feet.

b. A ground-mounted Dish Antenna shall comply with the setback requirements established for its zoning district, but shall not be located in the Front Yard.

c. The height for a ground-mounted Dish Antenna shall not exceed 25 feet.

d. The height of a Roof-mounted Dish Antenna shall not exceed 15 feet, nor shall it exceed the height limit established within its zoning district.

C. Drive-Through Facility

1. O District

a. Drive-Through Facilities are only permitted for financial uses, and are subject to Special Exception Use approval pursuant to Section __.

b. The Drive-Through Facility may not be located between a street and the Principal Building, and the vehicular circulation to enter and exit the facility may not impair the general vehicular circulation on the Site or the pedestrian circulation on and off the Site.

2. D1, D2, and C2B Districts

a. Drive-Through Facilities are permitted for any Principal Use of property, subject to Special Exception Use approval pursuant to Section __.

b. In the C2B district, the Drive-Through Facilities may not be located between a street and the Principal Building, and the vehicular circulation to enter and exit the facility may not impair the general vehicular circulation on the Site or the pedestrian circulation on and off the Site.

3. C3 District

a. The Drive-Through Facilities may not be located between a street and the Principal Building, and the vehicular circulation to enter and exit the facility may not impair the general vehicular circulation on the Site or the pedestrian circulation on and off the Site.

D. Accessory Dwelling Unit (ADU)

1. An ADU is permitted on a parcel that has one Single-Family Dwelling as the permitted principal use.

2. The owner shall occupy either the ADU or the Single-Family Dwelling on the property, except for temporary absences not to exceed a combined total of six months in a calendar year.

3. The ADU shall be designed so that the appearance of the Building remains that of a Single-Family residence or detached Accessory Building such as a garage or carriage house. Any new entrances shall be located on the side of the Building or in the rear of the Building.

4. The minimum Lot area for an ADU is 5,000 square feet. For Lots from 5,000 to 7,200 square feet in size, the maximum size of an ADU is 600 square feet of Floor Area or the size of the Floor Area of the ground Floor of the primary dwelling, whichever is less. For Lots 7,200 square feet or greater in size, the maximum size of an ADU is 800 square feet of Floor Area or the size of the Floor Area of the ground Floor of the primary dwelling, whichever is less.

5. The ADU shall not be occupied by more than the number of occupants permitted by Section __. except that only two unrelated Persons plus their offspring living as a single Housekeeping Unit may occupy the ADU.

6. An ADU is permitted in a legally conforming Accessory Building that was constructed before December 31, 2016. Additionally, if the existing Accessory Building is more than 200 square feet of Floor Area then it may be replaced or modified and used as an ADU as long as the new or modified Accessory Building is legally conforming. A nonconforming Accessory Building that was constructed before December 31, 2016 which is over 200 square feet of Floor Area may be replaced or modified and used as an ADU as long as the new or modified Accessory Building is legally conforming.

7. The total number of Persons residing in the primary Dwelling Unit and the ADU combined shall not exceed four Persons plus their Offspring, except when a Functional Family is allowed by Special Exception Use.

8. At least one off-street Parking Space shall be provided for the ADU unless the property is within ¼ mile of a bus stop, then no additional Parking Space is required. Tandem or stacked parking in a Driveway may count toward the off-street parking requirement if not located in the Front Yard setback.

9. An ADU or Single-Family Dwelling that is not owner-occupied shall be subject to periodic housing inspections as required by Section 8:511.

10. Leasing or rental of the ADU for less than 30 days is prohibited.

11. A deed restriction that runs with the land, on a form to be provided by the City, shall be filed with the Register of Deeds prior to occupancy, and it shall incorporate the following restrictions:

a. The ADU may not be sold separately from the Single-Family dwelling.

b. The owner occupancy requirement of Section 5.1.1D.2

c. The deed restriction shall be in effect until the ADU is removed.

E. Manager’s Dwelling Unit

1. M1, M1A, and M2 Districts

Limited to one Dwelling Unit, provided that it is specifically required to house a security guard or resident manager who is needed to properly carry on the business of the permitted use, and shall be used as a dwelling only by that security guard or resident manager and members of that Person’s family.

F. Family Day Care Home

1. All Residential Zoning Districts

Must be licensed by the State of Michigan Department of Licensing and Regulatory Affairs.

G. Group Day Care Home

1. All Residential Zoning Districts

a. Shall be licensed by the State of Michigan Department of Licensing and Regulatory Affairs.

b. A zoning permit shall be obtained from the PDSU.

c. Shall be located on a Lot with at least 5,000 square feet of Lot Area.

d. Shall provide at least one off-street Parking Space for each caregiver not living in the dwelling.

e. Shall show that two off-street or on-street Parking Spaces are available within 250 feet of the parcel for drop off and pick up of children.

H. Home Occupation

1. All Residential Zoning Districts

a. The total Floor Area devoted to the Home Occupation in the Principal or Accessory Building shall not exceed 25% of the Floor Area of the dwelling.

b. Outside appearance of the Premises shall have no visible evidence of the presence of a Home Occupation.

c. No outdoor display of goods or outside storage of equipment or materials used in the Home Occupation shall be permitted.

d. No article or service shall be sold or offered for sale on the Premises except those that are produced or administered by such Home Occupation on the Premises.

e. The nature of the Home Occupation shall not generate more than 10 Business-related vehicle trips in any one day in the vicinity of the Home Occupation, and any need for parking generated by the conduct of such Home Occupation shall be provided off-street in accordance with the off-street parking requirements.

f. No equipment or process shall be used in such Home Occupation which creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the Lot Line.

g. The following are typical examples of that which often can be conducted within the limits of these restrictions and qualify as Home Occupations. Uses that may qualify as "Home Occupations" are not limited to those named in this paragraph (nor does the listing of a use in this paragraph automatically qualify it as a Home Occupation); accountant, architect, artist, author, consultant, tailor, individual musical instrument instruction, individual academic tutoring, millinery, preserving, and home cooking.

h. The following uses are not permitted as Home Occupations if conducted as a Person's principal occupation and the Person's dwelling is used as the principal place of Business: vehicle repair or painting; office, medical or dental.

I. Incidental Services

1. O District

Incidental Services other than Beauty Salons may be provided within an Office Building or Buildings for the convenience of occupants of that Building, provided the use meets the following standards:

a. Not more than 5% of the Floor Area is used for Incidental Services.

b. All Incidental Services shall be situated within the interior of the Building or Buildings so that no part of the Incidental Services use shall be directly accessible from the outside of the Building.

c. No Sign or window display shall be discernible or visible from a public Sidewalk or Street.

2. R5 District

All Incidental Services shall be situated within the interior of the Principal Building or Buildings.

3. ORL District

a. Not more than 25% of the Floor Area of any one Building and not more than 5% of the total Floor Area of all Buildings within the continuous boundary of the area zoned ORL may be used for Incidental Services.

b. All such services shall be situated to conveniently serve the employees of the district.

J. Outdoor Display and Vending Machines

1. The Display or Vending Machine:

a. Shall be located within ten feet of Principal Building.

b. Shall not be located in any Setback Area.

c. Shall maintain adequate pedestrian access and circulation.

d. Is only permitted in an area specifically designated for outdoor sales and display on an approved site plan.

K. Outdoor Sales, Temporary

1. Temporary Outdoor Sales:

a. Require the issuance of a zoning permit.

b. Are limited to a maximum of 180 days per calendar year.

c. Shall occupy an area of 10% or less of the Floor Area of the Principal Building or Principal Use.

d. Shall not be located in any setback area, interior vehicular landscape area, Right-of-Way buffer area or conflicting land use buffer.

e. Shall maintain adequate pedestrian and vehicular circulation.

L. Restaurant, Bar, Food Service

1. R5 District

Must be planned, designed, developed and made an integral and unified part of a Hotel so as to not result in a separate, freestanding Building.

2. O District

a. 10% of the total Floor Area on the Site, but not to exceed 12,000 square feet, may be Restaurant, Bar, Food Service use.

b. Drive-Through Facilities for the Restaurant, Bar, Food Service use are prohibited.

c. Curb Cuts and Driveway Approaches to the Site shall comply with the number of Openings provided in Section 5.21.2.B, Table 5:21-1.

d. For off-street parking purposes, the Restaurant, Bar, Food Service use shall be considered to be general office use as provided in Section 5.19.2, Table 5:19-1.

M. Retail Sales, General Merchandise

1. ORL District

a. Retail Sales of products or services produced on the Site shall be permitted as an Accessory Use.

b. Floor Area used for sales and display shall not exceed 5% of the total Floor Area of the Principal Use.

2. M1 and M1A Districts

a. Limited to Retail Sales of products customarily incidental to the Principal Use;

b. Floor Area used for sales and display shall not exceed 10% of the total Floor Area of the Principal Use.

N. Solar Energy System

In the R3 and R4 zoning districts, Lots that contain a Single-Family Dwelling use are limited to a Personal-Scale SES.

O. Solar Energy System, Personal-Scale

1. In the R3 and R4 zoning districts, Lots that contain a Single-family Dwelling use are limited to a Personal Scale SES.

2. Application

a. A Personal-Scale SES requires a Zoning Permit, and additional permits may be required as stated in Section 5.1.1O.3.b below. An application for a Zoning Permit shall include the following additional information:

i) Renderings and/or specifications of the proposed Solar Energy System.

ii) A description of the screening to be provided for Ground-Mounted SES.

3. Installation, Use, and Maintenance

a. The SES shall be installed, maintained, and used only in accordance with the manufacturer’s specifications.

b. The SES and its installation and use shall comply with the Michigan Building Code, the Michigan Electrical Code and any other applicable State codes, and installation of a SES shall not commence until all necessary permits have been issued.

4. Ground-Mounted SES

Ground-Mounted Personal-Scale SES shall comply with all regulations in Section 5.16.6.A.Accessory Uses and Structures except may not be located in a Front Yard.

5. Building-Mounted SES

Building-Mounted Personal-Scale SES shall comply with the following additional standards:

a. A Building-Mounted SES shall comply with Area, Height, and Placement requirements for Principal Building or Accessory Building standards, as applicable to placement of SES.

P. Wireless Communication Antenna

The provisions of Section 0 shall apply as applicable to accessory antennas rather than freestanding Towers.

Section 3. That cross-references be reestablished or renumbered consistent with this ordinance and other contemporaneous ordinances amending these sections.

Section 4. This ordinance shall take effect and be in force on and after ten days from legal publication.

CERTIFICATION

I hereby certify that the foregoing ordinance was adopted by the Council of the City of Ann Arbor, Michigan at its regular session of September 3, 2019.

(Date)

Jacqueline Beaudry, Ann Arbor City Clerk

Christopher Taylor, Mayor

I hereby certify that the foregoing ordinance received legal publication in the Washtenaw Legal News on September 12, 2019.

Jacqueline Beaudry, Ann Arbor City Clerk

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