This chapter shall be known as the "Detroit Zoning Ordinance."

(Code 1984, § 61-1-1; Ord. No. 11-05, § 1(61-1-1), eff. 5-28-2005)

This chapter is enacted pursuant to the powers granted and limitations imposed by laws of the state, including statutory authority granted in the Michigan Zoning Enabling Act, being MCL 125.3101 et seq., and the Michigan Planning Enabling Act, being MCL 125.3801 et seq.

(Code 1984, § 61-1-2; Ord. No. 11-05, § 1(61-1-2), eff. 5-28-2005; Ord. No. 44-06, § 1(61-1-2), eff. 12-21-2006; Ord. No. 13-11, § 1(61-1-2), eff. 8-23-2011)

The provisions of this chapter shall apply to all land within the City, including land owned by local, County, state, or federal agencies, except where such land is determined to be exempt from local zoning regulations.

(Code 1984, § 61-1-3; Ord. No. 11-05, § 1(61-1-3), eff. 5-28-2005)

This chapter is adopted to guide and regulate the appropriate use or development of all land in a manner which will promote and protect the public health, safety, and general welfare.

(Code 1984, § 61-1-4; Ord. No. 11-05, § 1(61-1-4), eff. 5-28-2005)

The regulations are specifically intended to:

(1)

Classify all land in such manner as to reflect its peculiar suitability for particular uses;

(2)

Regulate the location, construction, reconstruction, alteration, and use of buildings, structures, and land;

(3)

Ensure adequate light, air, privacy, safety, and convenience of access to buildings, structures, and land;

(4)

Conserve or enhance property values;

(5)

Protect all areas of the City from harmful encroachment by incompatible uses;

(6)

Prevent the overcrowding of land with buildings;

(7)

Avoid undue congestion of population;

(8)

Establish reasonable standards to which buildings, structures, and uses shall conform;

(9)

Lessen congestion in the public streets by providing for off-street parking of motor vehicles and for off-street loading and unloading of commercial vehicles;

(10)

Facilitate the adequate provision of transportation, water, sewage disposal, education, recreation, and other public requirements;

(11)

Provide for the elimination of nonconforming buildings and structures and for the elimination of nonconforming uses of land;

(12)

Promote a desirable visual environment through creative development techniques and good civic design and arrangement;

(13)

Protect natural resources and environmentally sensitive areas and ensure that development is consistent with applicable environmental laws and regulations;

(14)

Define the powers and duties of the administrative officers and bodies;

(15)

Provide penalties for violation of the provisions of this chapter or any subsequent amendment thereto; and

(16)

Provide for a Board of Zoning Appeals and its powers and duties.

(Code 1984, § 61-1-5; Ord. No. 11-05, § 1(61-1-5), eff. 5-28-2005)

In interpreting and applying the provisions of this chapter, such provisions shall be considered, unless otherwise stated, to be the minimum requirements necessary to promote and protect public health, safety, comfort, convenience, prosperity, other aspects of the general welfare, and the natural environment as set forth in Section 50-1-4 and Section 50-1-5 of this Code, "Purpose and Intent," and in the "Description" statements for the respective districts and other regulations.

(Code 1984, § 61-1-6; Ord. No. 11-05, § 1(61-1-6), eff. 5-28-2005)

The following rules shall apply with respect to the boundaries of the various districts as shown on the zoning district maps:

(1)

Unless otherwise shown, district boundaries are street lines, alley lines, or the subdividing or boundary lines of recorded plats or the extensions thereof, and where the districts designated on the maps accompanying and made a part of this chapter are approximately bounded by street lines, alley lines, or the subdividing lines of recorded plats, such lines or the extensions thereof shall be considered to be the district boundaries;

(2)

In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent and paralleling a street or highway, the depths of such strips shall be in accordance with dimensions shown on the maps measured at right angles from the street or highway line, and the length of such frontage shall be in accordance with dimensions shown on the map;

(3)

Where due to the scale or illegibility of the district maps or due to the absence of street, alley, or recorded subdivision or plat lines, there is any uncertainty, contradiction, or conflict as to the intended location of any district boundary on a district map, the Planning and Development Department shall have the power and duty to interpret the intent of said district map so as to determine and designate the proper location for such district boundary in accordance with the spirit and purpose of this chapter; and

(4)

Where a public right-of-way is hereafter vacated, the land formerly in such public right-of-way shall be included within the district of adjoining property on either side of said vacated public right-of-way, and in the event such public right-of-way was a district boundary between two or more different districts, the new district boundary shall be the former centerline of such vacated public right-of-way.

(Code 1984, § 61-1-7; Ord. No. 11-05, § 1(61-1-7), eff. 5-28-2005)

Where the provisions of this chapter are inconsistent with those of the state or federal government, the more restrictive provision will control to the extent permitted by law.

(Code 1984, § 61-1-8; Ord. No. 11-05, § 1(61-1-8), eff. 5-28-2005)

Where the provisions of this chapter are inconsistent with one another or where they conflict with provisions found in this Code, the more restrictive provision will control. In the event the specification of the permissibility/impermissibility of a given land use in the Article XII of this chapter Use Table ("C" or "R" or blank) conflicts with the listing or omission of that same land use in the use lists in Article VIII, Article IX, Article X, or Article XI of this chapter, the use lists in Article VIII, Article IX, Article X, or Article XI of this chapter shall control.

(Code 1984, § 61-1-9; Ord. No. 11-05, § 1(61-1-9), eff. 5-28-2005)

It is not the intent of this chapter to interfere with, abrogate, or annul any easement, covenant, deed restriction, or other agreement between private parties. Where the provisions of this chapter impose a greater restriction than imposed by a private agreement, the provisions of this chapter will control. Where the provisions of a private agreement impose a greater restriction than this chapter, the provisions of the private agreement will control. The City shall not be responsible for monitoring or enforcing private agreements.

(Code 1984, § 61-1-10; Ord. No. 11-05, § 1(61-1-10), eff. 5-28-2005)

Any violation of Ordinance No. 390-G, as amended, being the Official Zoning Ordinance of the City of Detroit, which was repealed on the effective date of the ordinance from which this chapter is derived, will continue to be a violation under this chapter and be subject to penalties and enforcement under Article V of this chapter, unless the use, development, construction, or other activity complies with the provisions of this chapter.

(Code 1984, § 61-1-11; Ord. No. 11-05, § 1(61-1-11), eff. 5-28-2005)

Any legal nonconformity under Ordinance No. 390-G, as amended, being the Official Zoning Ordinance of the City of Detroit, which was repealed on the effective date of the ordinance from which this chapter is derived, will also be a legal nonconformity under this chapter, as long as the situation that resulted in the nonconforming status under the previous zoning ordinance continues to exist. Where a nonconformity under the previous zoning ordinance becomes conforming because of the adoption of the ordinance from which this chapter is derived, the situation will no longer be a nonconformity.

(Code 1984, § 61-1-12; Ord. No. 11-05, § 1(61-1-12), eff. 5-28-2005)

The following transitional provisions shall apply to projects approved prior to the adoption of the ordinance from which this chapter is derived:

(1)

Permits and approvals that are valid on the effective date of the ordinance from which this chapter is derived, which is May 28, 2005, shall remain valid until their expiration date. Projects with valid approvals or permits may be carried out in accordance with the development standards in effect at the time of approval, provided, that the permit or approval is valid and has not lapsed;

(2)

All uses that are valid on the effective date of the ordinance from which this chapter is derived, which is May 28, 2005, remain valid in accordance with the terms, conditions, regulations, controls or requirements of the grants or approvals that are issued by any City department or agency, or resolutions adopted or ordinances passed by the City Council, which allow such uses;

(3)

No provision of this chapter shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to the effective date of the ordinance from which this chapter is derived, which is May 28, 2005;

(4)

The decision-making body that granted original approval may renew or extend the time of a previous approval if the required findings or criteria for approval remain valid. Any extension granted shall not exceed one year in length, and no more than one extension may be granted; and

(5)

Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

(Code 1984, § 61-1-13; Ord. No. 11-05, § 1(61-1-13), eff. 5-28-2005; Ord. No. 19-05, § 1(61-1-13), eff. 5-28-2005; Ord. No. 34-05, § 1(61-1-13), eff. 12-6-2005)

The following transitional provisions shall apply to complete permit applications submitted prior to the adoption of the ordinance from which this chapter is derived, but not approved as of that date:

(1)

Applications for permits and other approvals, submitted before the effective date of the ordinance from which this chapter is derived, which is May 28, 2005, that are found to be complete, and pending approval at the time of enactment of this chapter on May 28, 2005, may, at the applicant's option, be reviewed wholly under the terms of the previous zoning ordinance. Where approved, these projects may be carried out in accordance with the development standards in effect at the time the completed application is submitted. Any re-application for an expired permit shall meet the standards in effect at the time of re-application; and

(2)

Projects for which no application has been submitted and accepted as complete prior to the effective date of the ordinance from which this chapter is derived, which is May 28, 2005, shall be subject to all requirements and standards of this chapter.

(Code 1984, § 61-1-14; Ord. No. 11-05, § 1(61-1-14), eff. 5-28-2005)

Where any section, subsection, sentence, or phrase of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, for any reason, the remaining portions of this chapter shall not be affected. It is expressly declared that this chapter and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one or more other portions of this chapter would be declared invalid or unconstitutional.

(Code 1984, § 61-1-15; Ord. No. 11-05, § 1(61-1-15), eff. 5-28-2005)