§ 44-895. Downtown waterfront overlay district.

(a)

Purpose. The city's most significant natural asset, the Detroit River, plays an important role in enhancing the quality of life of its residents. The downtown waterfront overlay district is intended to capitalize on the value of the Detroit River as an essential economic, recreational and environmental resource by encouraging land use changes from single use to mixed-use practices and land use patterns that limited the extent to which people could view, access and enjoy the riverfront by providing opportunities for clear views, easements and recreational opportunities. It is intended that:

(1)

Visibility of the Detroit River shall be expanded and enhanced by requiring building setbacks that will provide for improved view of the water from North Gibraltar Road.

(2)

A river walk shall be created along the entire length of the waterfront parallel to North Gibraltar Road River to allow for continuous connection alongside the river for recreational and environmental quality purposes through donation, acquisition and easements. This river walk may extend over the water either partially or completely.

(3)

A variety of people-oriented destinations shall be created along the river walk to provide visual interest, activity and vibrancy. Mixed-use development and high-density residential construction are essential components for encouraging pedestrian activity and public safety.

(4)

Offering additional building height as an incentive for providing pedestrian access along the waterfront.

(b)

Requirements.

(1)

Except as otherwise noted in this section, any new or modified uses requiring site plan review within the downtown waterfront overlay district, shall comply with all of the requirements of section 44-893(b) downtown development authority (DDA) district development standards in addition, the requirements of the downtown waterfront overlay district as outlined in this section shall be optional requirements. Bonuses and parking reductions are available to applicants only if they meet all of the requirements of the downtown waterfront overlay district.

(2)

Building entrances . All buildings shall have at least one public entrance that faces the street. Rear entrances are permitted, but only if there is also a primary entrance from the main street. For buildings with street and river or canal frontage, building entrances shall be provided on both the street and the river side of the building.

(c)

Doors . Primary entry doors shall be a minimum of seven and a maximum of eight feet in height. Doors measuring seven feet in height shall have a glass transom with a minimum height of 12 inches.

(d)

Façade design . All building facades that face a street shall conform to the following design criteria:

(1)

Fenestration . All facades visible from the street must be glazed with transparent glass, as follows:

a.

First floor . First floor minimum 60 percent of façade, 70 percent maximum.

b.

All floors above the first floor . Upper floors minimum 30 percent of facade, 60 percent maximum.

c.

Glazing . Glazing on the first floor retail space shall occur between two feet six inches minimum and eight feet maximum in height above the sidewalk. First floor height shall be 12 feet minimum. Blank, windowless walls are prohibited, except where windows would face electrical equipment, service areas or garbage containers. In such situations, the planning commission shall have the ability to permit windowless walls.

d.

Vertical windows . Vertical window orientation shall have a ratio of one wide to two high minimum. Each shutter to be mounted on either side of a window shall be equal to one-half of the width and one times the height.

(e)

Service access . The planning commission shall have the right to modify or waive the requirements for off-street loading areas specified in section 44-165. Any such modification or waiver shall be based upon a review of a site plan and/or the surrounding area and a determination that there is satisfactory loading space serving the building or that the provision of such loading space is physically and/or functionally impractical to provide.

(f)

Building materials . Buildings are to be constructed from permanent materials that will weather handsomely over time and lend themselves to a nautical theme, such as brick, stone, masonry, cedar shakes, or wooden-flat board. Buildings with multiple storefronts shall be unified through the use of architecturally compatible materials, colors, details, awnings, signage, and light fixtures. Exterior insulation systems or EIFS are prohibited on all buildings.

(g)

Reflective materials . The use of highly reflective surfaces, including reflective glass and mirrors, is prohibited on the ground floor.

(h)

Expression line . The base of any building shall be distinguished from the remainder of the building by providing design elements that enhance the pedestrian environment. A horizontal line on the façade known as the expression line (EL) shall distinguish the base from the remainder of the building. If applicable, the height of the EL shall be related to the prevailing scale of development in the area. The EL shall be created by a change in material, a change in design, or by a continuous setback, recess, or projection above or below the expression line. Elements such as cornices, belt courses, corbelling, molding, stringcourses, ornamentation, awnings or canopies, and changes in material or color or other sculpturing of the base, are appropriate design elements for enhancing the pedestrian environment.

(i)

Lighting . Exterior lighting shall consist of the historic-era lighting as approved by the downtown development authority and must be placed and shielded so as to direct the light onto the site and away from adjoining properties. Any lighting source shall not be directly visible from adjoining properties. Floodlights, wall pack units, other types of unshielded lights, and lights where the lens is visible outside of the light fixture shall be prohibited, except where the historic-style lighting is used that is compatible with existing historic-style lamps as proposed by the DDA or as otherwise approved by the city.

(j)

Parking . Parking and parking lot design shall comply with the standards of this section, in addition to the provisions of section 44-165, off-street loading and unloading space, with the following exceptions:

(1)

For residential units in mixed-use buildings, one parking space per bedroom or two spaces per unit, whichever is less, shall be required.

(2)

Shared parking . The planning commission may reduce required parking spaces by up to 20 percent based on the inclusion of a parking demand assessment in the site plan application.

(3)

In-front parking . No new parking lot shall be created nor any existing parking lot expanded in front of a building unless the planning commission determines that parking in front of the building would be acceptable because such parking will provide new dedicated pedestrian connection to the waterfront riverwalk.

(4)

Off-site parking facilities . Required parking for a development may be located off-site under certain circumstances. Requests for off-site parking must meet the requirements of this section.

a.

Residential uses . Parking facilities accessory to dwelling units shall be located on the same zoning lots as the use served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to or across the street from the lot occupied by the use served; but in no case at a distance to excess of 300 feet.

b.

Nonresidential uses . Parking facilities accessory to non residential uses may be located on other than the same zoning lot as the use served (off-site). All required parking spaces shall be within 300 feet of such zoning lot. No parking spaces accessory to a use in the waterfront overlay district shall be located in a residentially zoned district, unless authorized by the planning commission.

(k)

Building height requirements and bonus.

Minimum Height	Two stories (24 feet)
Maximum Height	Two stories (24 feet)
Up to two additional stories permitted	One story bonus for the provision of 40 foot setback from the Detroit River or canals connecting to the river for purpose of creating a waterfront pedestrian riverwalk; Additional bonus story awarded for provision of pedestrian connection between the riverwalk and North or Middle Gibraltar Roads.
Boat storage buildings	Boat storage buildings may not exceed 50 feet as measured from the finished grade to the peak of the roof.

 

(l)

Site Layout and Building Placement .

Site Layout and Building Placement: Downtown Waterfront Overlay
Minimum Lot Area	As required in the base Zone District.
Minimum Lot Width	As required in the base Zone District
Minimum Front Setback	All buildings shall maintain a minimum setback of 25 feet from a floodwall, shore or dock line of the Detroit River or canals connecting to the river, whichever is applicable. Boat storage buildings are not subject to the 25 foot setback requirement.
	Buildings shall have the front facades built in accordance with the DDA district requirements specified in section 44-893(b)(9).
Side Yard Setback	20 foot minimum setback on one side. The planning commission may waive or modify this requirement if convenient water access is provided. Such access shall contain pedestrian amenities.
Permitted Yard Encroachment	The land between the building and the river shall be landscaped or designed as an urban open space for pedestrian use. Uncovered, outdoor seating areas may extend into the rear yard, provided that a minimum of ten feet is maintained between the river walk, floodwall, shore or dock line of the Detroit River and canals thereof, whichever is applicable.
Minimum Green Space	20 percent of lot area.

 

(m)

Permitted uses . All uses within the underlying zoning district are permitted in the downtown waterfront overlay district as well as the following:

(1)

All uses as permitted in C-1 districts.

(2)

Boat liveries and marinas.

(3)

Retail sales, serving and storage boats, motors and marine supplies except this shall not permit the storage of old boats or barges beyond a reasonable degree of repair, nor shall this permit the dry land storage of any boats or barges for more than one 12-month period.

(4)

Buildings and uses customarily accessory to any of the permitted uses, but which will not be detrimental to adjacent residential districts.

(5)

Publicly owned buildings, public utility buildings, telephone exchanges, transformer stations and substations with service yards, but without storage yards, water and sewerage pumping stations.

(6)

Residential units on upper floors of buildings.

(7)

Professional offices.

(8)

Restaurants and bars.

(9)

Canoe, kayak, non-motorized personal watercraft and bicycle sales and rentals.

(Ord. No. 372, 3-25-2013)