On September 15, 2026, the Bloomfield Hills City Commission voted 4-1 to remove one line from the zoning code. Mayor Susan McCarthy, Commissioners Buckley, Baxter and Ackerman voted yes, and Commissioner Fisher voted no. The line had allowed pedestrian walkways and purely decorative items to be left out when a homeowner calculated how much of the lot stays as landscaped open space. The change is called Ordinance 462, and it takes effect upon publication under the City Charter. On a large estate lot, the credit it removed could cover thousands of square feet of stone and pavers.
For anyone buying in the city with plans for a pool, a terrace, a sports court or a bigger footprint, this changes what a lot is worth to you. Two homes on similar acreage can now have very different room to grow. That depends on how much hardscape is already there and on whether the current owner relied on the walkway credit to fit it in.
What the September vote took away
The old §24-235(d)(1) excluded "pedestrian walkways, or plant holders or structures that have no purpose other than for decoration, such as but not limited to, sculptures and pieces of art" from the open space calculation. Ordinance 462 states that this exemption "is hereby eliminated."
What matters is how big that exemption had become. At the Planning Commission's September 8 hearing, Assistant City Manager and City Clerk Amy Burton explained the arithmetic. The walkway credit could be applied to as much as 30% of a lot's required open space, which on a large lot comes to nearly 20,990 square feet of impervious surface. That figure comes from a Citizen Portal summary of the meeting video. Staff described the change as limited to the A-1 through A-4 single-family districts, as the City Commission had directed.
According to the same summary, commissioners discussed where the credit came from. It was added in 1997 for commercial pedestrian pathways, and members disagreed about whether it was ever meant to apply to single-family lots and whether reinterpretation since 2017 had widened its use. Citizen Portal notes that its summaries are AI-generated and may contain errors, so the city's own minutes are the place to confirm details.
Why the city closed it
The problem the city is trying to solve is water. The Birmingham-Bloomfield Bulletin reported that City Engineer Jamie Burton told the City Commission in March that the city's stormwater system, built between the 1940s and 1970s, is strained by larger homes with more impervious surface. City Manager David Hendrickson said the ordinance's many exceptions could undermine it. Burton later told the Planning Commission that the exceptions system "creates complexity and opportunities for workarounds," and recommended a simpler percentage-based approach, the Bulletin reported.
At the September hearing, Burton described landscaped open space as the city's stormwater infrastructure. He pointed to recent heavy rainfall and to redevelopment where homes and their hardscape keep getting bigger.
The debate included a counterpoint. According to the Bulletin, Planning Commission Chairman Walter Cueter presented a comparison showing that Bloomfield Hills' lot-coverage limit is already stricter than those of surrounding cities. He cautioned that removing every exception without adjusting the underlying percentage could push many existing homes into non-conformity. Mayor McCarthy had set a six-month deadline in June, saying the matter "has to be done within six months and not languish for years." What finally passed was narrower than a full overhaul. Vice Chair William Hosler moved to approve removing only the walkway credit, and the motion passed by voice vote with two commissioners opposed. Staff stressed that district percentages and the other credits stayed the same.
Because the change was kept narrow, its effect is uneven. Lots that never used the walkway credit see little difference. Lots that did, often the large ones with long garden paths and wide stone walks, may have used up much more of their allowance than a quick look suggests. Commissioners questioned staff's estimate that the typical effect would be around 2 to 3% and asked for data.
What counts against your open space now
Here is how the amended §24-235(d) treats the features buyers usually want to add or expand:
| Feature | Counted as landscaped open space? |
|---|---|
| Patios and terraces, including the parts used as walkways | No |
| Tennis, sports and recreational courts, pervious or impervious | No |
| Impervious surfaces next to pools or cabanas | No |
| Pedestrian walkways and decorative structures | No longer exempt as of Ordinance 462 |
| A drive up to 10 feet wide, on the most direct route from the road to a garage bay no larger than 20 by 20 feet | Yes, that portion only |
| Any drive area beyond those dimensions | No |
The driveway rule is easy to miss. A circular drive, a motor court, or a wide apron in front of a three-car garage all go beyond the narrow drive the code counts as open space. Pervious sports courts are also counted against open space, even though permeable surfacing is often marketed as the green option.
These limits matter more on Bloomfield Hills lots because the lots are large to begin with. Under Ordinance 411, the minimums are 2 acres and 200 feet of width in A-1, 1.5 acres and 175 feet in A-2, 1 acre and 150 feet in A-3 and A-3-1, and three-quarters of an acre and 125 feet in A-4. On a 2-acre lot, a percentage-based credit adds up to a lot of square footage, and so does losing it.
The paperwork has not caught up
Here is where buyers and their contractors can get tripped up. The city's Landscape Open Space form still lists a "Walkway allowance" under exempt areas, next to the driveway allowance. The form tallies the home, the entire driveway, patios, detached accessory buildings, pools and sports courts, and other impervious surfaces such as fire pits. It has to be submitted with the application for the application to be considered complete.
The online code is also behind. The city's Municode page says the codified text runs through Ordinance 458. It lists Ordinance 462 as adopted September 15, 2026, but not yet codified. The ordinance says it takes effect immediately upon publication as prescribed by the City Charter.
So a landscape designer working from the posted form, or a seller's contractor who last pulled permits a few years ago, could be counting a credit the city has voted to eliminate. The sources reviewed here confirm the September 15 adoption but not the publication date that starts the clock, so ask the city whether the change is in force on the day you submit. The ordinance's savings clause says proceedings already pending when it takes effect are handled under the law in force when they started. How that applies to a specific project is a question for the city's Building Department.
Pricing open space into an offer
If the outdoor plans are part of why you're buying the home, a few questions belong in your due diligence, ideally before the inspection period ends:
- Is there a current survey? The city's site plan application calls for a property survey signed and sealed by a registered land surveyor. An existing survey shows how much hardscape is already on the lot.
- What open space calculation was filed for past work? If the seller added a terrace, court or pool, ask whether a calculation was submitted and whether it used the walkway allowance.
- How wide and long is the drive? Measure it against the 10-foot, most-direct-route standard. Anything beyond that already counts as impervious.
- What does the Building Department say about this lot? Ask the city directly how the remaining open space works out under Ordinance 462, rather than relying on the posted form.
- How do existing features that no longer meet the rule get treated? The zoning code covers nonconforming lots and structures in §24-228. How it applies to a particular property is for the city to answer.
If a project doesn't fit, one route is the Zoning Board of Appeals. Its application says a dimensional variance can be granted only upon finding "a practical difficulty." Applicants have to address exceptional circumstances, substantial justice, whether the condition was self-created, and public safety and welfare. How the board weighs those criteria for a pool or court a buyer plans to add is a case-by-case question, which is why it is better to ask before closing.
For sellers with a beautifully finished yard
This change touches staging directly. Established stone paths, a sculpture garden and a generous terrace photograph wonderfully and help buyers picture the life a home offers. Those same features may be using up open space that a buyer was counting on for a pool. A listing that suggests room to expand is a promise that should be checked against the current rule first.
The better approach is preparation. Sellers who gather their survey, any past open space calculations, and permit records give buyers an answer before they have to ask. A buyer who can see the hardscape totals in the listing materials can decide on a pool before writing an offer. Presenting the outdoor space as finished and fully designed also tends to land better than describing it as a blank canvas when the math says otherwise.
Frequently asked questions
Did Ordinance 462 change the required open space percentage for my district? No. Staff and the Planning Commission said district percentages and the other credits were unchanged. The ordinance removed the walkway and decorative-item exemption and renumbered the remaining clauses.
Is the Planning Commission working on other zoning changes? Yes. A separate public hearing on commercial district amendments along Woodward Avenue was scheduled for October 13, according to the Birmingham-Bloomfield Bulletin. It grew out of a commercial zoning moratorium earlier in 2026. That process concerns commercial properties, not single-family lots.
Does the walkway allowance on the city's form still apply? The form still shows it, but Ordinance 462, adopted September 15, 2026, eliminates the exemption once it takes effect upon publication. Confirm the current treatment with the city before submitting plans.
If you're weighing a Bloomfield Hills home because of the yard you hope to build, or getting ready to sell one whose outdoor rooms took years to finish, I'd be glad to help you gather the survey and permit history and work through the open space questions before they come up at the negotiating table. Kathy Remski brings a stager's eye to what a lot can hold, along with the details that keep a sale on track. Let's Connect.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.
