The City Council shall have the following powers and duties under this chapter:

(1)

Zoning ordinance text amendments. To review petitions for amendments to the text of this chapter and take final action to approve, approve with conditions, or deny such petitions (zoning ordinance text amendments are addressed in Article III, Division 2, of this chapter);

(2)

Zoning map amendments (rezonings). To review petitions for amendments to the zoning map and take final action to approve or deny such petitions (zoning map amendments are addressed in Article III, Division 3, of this chapter);

(3)

Planned development (PD) rezonings. To review petitions for amendments to the zoning map to a Planned Development (PD) District classification and take final action to approve, approve with conditions, or deny such petitions (planned developments are addressed in Article III, Division 4, of this chapter);

(4)

Site plan review. Where site plan review is required for applications in the PD, PC, PCA, SD4 with three acres and more, and SD5 Districts, to approve, approve with conditions, or deny the proposed site plan (site plan review is addressed in Section 50-3-152 of this Code);

(5)

Special district review. To conduct special district review:

a.

As provided for in Article III, Division 6, of this chapter;

b.

For PC review see Section 50-11-66 of this Code; and

c.

For PCA review see Section 50-11-96 of this Code.

(6)

Final approval in select zoning districts. To grant final land use approval for permit applications, other than for "change of use" applications involving no exterior alteration to the building or premises, in the PD, PC, PCA, SD4 which are three acres and more, and SD5 Districts. (Final approval in select zoning districts is addressed in Section 50-3-152 of this Code and in Article III, Division 6, of this chapter.)

(Code 1984, § 61-2-1; Ord. No. 11-05, § 1(61-2-1), eff. 5-28-2005; Ord. No. 13-11, § 1(61-2-1), eff. 8-23-2011; Ord. No. 37-17, § 1(61-2-1), eff. 2-6-2018)

(a)

Zoning Commission. The City Planning Commission is designated as the Zoning Commission pursuant to the provisions of Section 301(2) of the Michigan Zoning Enabling Act, being MCL 125.3301(2), and shall perform the duties of said Commission as provided for in the Act in connection with the amendment of this chapter. The City Planning Commission, acting as the Zoning Commission, shall have authority to establish such policies, rules, and regulations, not in conflict with the Charter, as the Body deems necessary to secure the proper administration and enforcement of this chapter.

(b)

Appointment of members and officers. Members of the City Planning Commission shall be appointed in accordance with the provisions of the Charter and the City Planning Commission bylaws. The City Planning Commission shall elect a chairperson and secretary from its members and create and fill other offices as it considers advisable. An ex officio member of the City Planning Commission is not eligible to serve as chairperson. The term of each officer shall be one year, with opportunity for re-election as specified in the City Planning Commission bylaws. The City Planning Commission may appoint advisory committees whose members are not members of the City Planning Commission.

(c)

Removal of members. As provided in Section 15(9) of the Michigan Planning Enabling Act, being MCL 125.3815(9), the City Council may remove a member of the City Planning Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing.

(d)

Bylaws, public record, and annual report. The City Planning Commission shall adopt bylaws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations. It shall also make an annual written report to the City Council concerning its operations and the status of planning activities, including recommendations regarding actions by the City Council related to planning and development.

(e)

Meetings and availability of records. The City Planning Commission shall hold no fewer than four regular meetings each year, and by resolution shall determine the time and place of the meetings. The business that the City Planning Commission may perform shall be conducted at a public meeting of the City Planning Commission held in compliance with the Michigan Open Meetings Act, being MCL 15.261 et seq. A writing prepared, owned, used, in the possession of, or retained by the City Planning Commission in the performance of an official function shall be made available to the public in compliance with the Michigan Freedom of Information Act, being MCL 15.231 et seq.

(Code 1984, § 61-2-11; Ord. No. 11-05, § 1(61-2-11), eff. 5-28-2005; Ord. No. 44-06, § 1(61-2-11), eff. 12-21-2006; Ord. No. 13-11, § 1(61-2-11), eff. 8-23-2011; Ord. No. 38-14, § 1(61-2-11), eff. 10-16-2014)

In accordance with the Charter and as authorized by the City Council in its annual budget resolution, the City Planning Commission may appoint a director, employ sufficient staff, and contract for the services of planning and other technicians to perform the duties and functions that are specified in this chapter. For the purposes of the Michigan Planning Enabling Act, the City Planning Commission may make use of maps, data, and other information and expert advice provided by appropriate federal, state, regional, County, and municipal officials, departments, and agencies. All City officials, departments, and agencies shall make available public information for the use of the City Planning Commission and furnish such other technical assistance and advice as they may have for planning purposes.

(Code 1984, § 61-2-12; Ord. No. 11-05, § 1(61-2-12), eff. 5-28-2005; Ord. No. 13-11, § 1(61-2-12), eff. 8-23-2011; Ord. No. 38-14, § 1(61-2-12), eff. 10-16-2014)

The City Planning Commission shall have the following powers and duties under this chapter:

(1)

Zoning ordinance text amendments. To review proposed amendments to the text of this chapter and recommend that the City Council approve or deny such amendments and to initiate and prepare text amendments as needed (see Article III, Division 2, of this chapter);

(2)

Zoning map amendments (rezonings). To review petitions for amendments to the zoning map and recommend that the City Council approve or deny such petitions, and to initiate and prepare map amendments as needed. (See Article III, Division 3, of this chapter.) Where a rezoning involves "contaminated property," which is defined as a "facility" in Section 20101(1)(s) of the Michigan Natural Resources and Environmental Protection Act, being MCL 324.20101(1)(s), the City Planning Commission shall notify the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division of such case;

(3)

Planned Development (PD) rezonings. To review petitions for amendments to the zoning map to a Planned Development (PD) District classification and recommend that the City Council approve, approve with conditions, or deny such petitions. (See Article III, Division 4, of this chapter.) Where a rezoning involves "contaminated property," which is defined as a "facility" in Section 20101(1)(s) of the Michigan Natural Resources and Environmental Protection Act, being MCL 324.20101(1)(s), the City Planning Commission shall notify the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division of such case;

(4)

Site plan review in select zoning districts. To coordinate site plan review for permit applications in the PD, PC, PCA, SD4 which are three acres or more, and SD5 Districts when site plan review is required. (See Article III, Division 6, of this chapter.) Where site plan review involves a "contaminated property," which is defined as a "facility" in Section 20101(1)(s) of the Michigan Natural Resources and Environmental Protection Act, being MCL 324.20101(1)(s), the City Planning Commission shall notify the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division of such case;

(5)

Special district review. To coordinate review of permit applications in the PC and PCA Districts where site plan review is not required (See Section 50-11-66 and Section 50-11-96 of this Code);

(6)

Advisory review committees. To serve as member of the Industrial Review Committee, Loft Review Committee, Hazardous Waste Facility Review Committee, Solid Waste Facility Review Committee, and Floodplain Management Review Committee, and review proposals before said committees; and

(7)

"Contaminated property" issues. Where a rezoning of land, including land zoned PD, or where site plan review involves known "contaminated property," which is defined as a "facility" in Section 20101(1)(s) of the Michigan Natural Resources and Environmental Protection Act, being MCL 324.20101(1)(s), to notify the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division of such case.

(Code 1984, § 61-2-13; Ord. No. 11-05, § 1(61-2-13), eff. 5-28-2005)

The Planning and Development Department shall have the following powers and duties under this chapter:

(1)

Recommendations to other agencies and departments. To receive all notification of Board of Zoning Appeals, Buildings, Safety Engineering, and Environmental Department, and City Planning Commission hearings and to attend all conditional, regulated, and controlled land use hearings at the Buildings, Safety Engineering, and Environmental Department and at the Board of Zoning Appeals, when appealed to the Board. Where deemed advisable, conduct field inspections, investigations, and prepare maps or other pictorial materials so as to formulate a recommendation on any case reviewed by the Buildings, Safety Engineering, and Environmental Department or the Board of Zoning Appeals or any amendment considered by the City Planning Commission;

(2)

Identification of district boundaries. To determine the location of any zoning district boundaries where there is any uncertainty, contradiction, or conflict as to the intent or location of such boundaries in accordance with Section 50-1-7 of this Code;

(3)

Site plan review. To review site plan applications through the site plan review process and take final action to approve, approve with conditions, or deny such applications within the following zoning districts: R1, R2, R3, R4, R5, R6, B1, B2, B3, B4, B5, B6, M1, M2, M3, M4, M5, P1, TM, PR, W1, MKT, SD1, SD2, and SD4 less than three acres. In cases of disposition of City-owned land, the Planning and Development Department may designate an expanded review process to ensure sufficient coordination of all City departments in accordance with Section 50-3-151 of this Code. Where site plan review involves known "contaminated property," which is defined as a "facility" in Section 20101(1)(s) of the Michigan Natural Resources and Environmental Protection Act, being MCL 324.20101(1)(s), the Planning and Development Department shall notify the Building, Safety Engineering, and Environmental Department Environmental Affairs Division of such case;

(4)

Administrative adjustments. For applications that do require site plan approval, to review applications for administrative adjustments of any development standard set forth in Articles XIII and XIV of this chapter, and to approve or deny such application in accordance with Article IV, Division 6, of this chapter;

(5)

Development plans. To serve as custodian of development plans and amendments thereto, to advise the Board of Zoning Appeals regarding any proposed or requested minor deviation from a development plan in accordance with Section 50-2-74 and Section 50-4-2(c) of this Code, and to initiate and prepare amendments to development plans in accordance with Section 50-4-2(c) of this Code;

(6)

Special district review. To participate in the review of permit applications in the PC and PCA Districts when site plan review is not otherwise required;

(7)

Master Plan. To serve as custodian of the Master Plan, initiate amendments thereto, and provide determinations relative to the Master Plan as may be required of the Planning and Development Department in Section 50-3-46, Section 50-3-68, Section 50-3-96(7), and Section 50-4-82 of this Code; and

(8)

Advisory review committees. To serve as chairperson of the Loft Review Committee and as member of the Industrial Review Committee, Hazardous Waste Facility Review Committee, Solid Waste Facility Review Committee, and Floodplain Management Review Committee, and to review proposals before said committees.

(Code 1984, § 61-2-31; Ord. No. 11-05, § 1(61-2-31), eff. 5-28-2005; Ord. No. 34-11, § 1(61-2-31), eff. 12-22-2011; Ord. No. 2022-17, § 1, eff. 10-4-2022)

There is hereby established a Board of Zoning Appeals, which shall perform its duties and exercise its powers as provided for by law in such a way that the purpose and intent of this chapter shall be observed, public safety secured, and substantial justice done.

(Code 1984, § 61-2-41; Ord. No. 11-05, § 1(61-2-41), eff. 5-28-2005)

(a)

The City Council shall appoint a Director of the Board of Zoning Appeals who shall serve for a term of six years. Compensation of the Director shall be fixed by City Council. The Director may be removed for cause by the City Council in accordance with Section 2-107(C) of the Charter.

(b)

The Director is not a member of the Board and, therefore, is without authority to vote on matters before the Board.

(c)

The Director shall employ an assistant and other staff.

(Code 1984, § 61-2-42; Ord. No. 11-05, § 1(61-2-42), eff. 5-28-2005; Ord. No. 44-06, § 1(61-2-42), eff. 12-21-2006; Ord. No. 24-08, § 1(61-2-42), eff. 11-1-2008)

(a)

The Board of Zoning Appeals shall be composed of nine members each of whom shall be appointed, in accordance with Section 601(1) of the Michigan Zoning Enabling Act, being MCL 125.3601(1), by a majority vote of City Council members serving. The members shall be residents of the City of Detroit and, in accordance with Section 4-201 of the Charter, at least one member shall be a resident of each of the seven non at-large districts. As provided for in Section 601(4) of the Michigan Zoning Enabling Act, being MCL 125.3601(4), not more than one member may also be a member of the City Planning Commission.

(b)

In accordance with Section 601(10) of the Michigan Zoning Enabling Act, being MCL 125.3601(10), the members shall have staggered terms of three years each.

(c)

In accordance with Section 601(8) of the Michigan Zoning Enabling Act, being MCL 125.3601(8), compensation of members may be paid at a reasonable per diem rate and members may be reimbursed for expenses actually incurred in the discharge of their duties. Compensation of members shall be fixed by City Council through adoption of a resolution.

(d)

In accordance with Section 601(11) of the Michigan Zoning Enabling Act, being MCL 125.3601(11), a vacancy on the Board shall be filled by the City Council for the remainder of the unexpired term in the same manner as the original appointment.

(e)

In accordance with Section 601(9) of the Michigan Zoning Enabling Act, being MCL 125.3601(9):

(1)

A member may be removed for cause by the City Council for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing;

(2)

A member shall disqualify himself or herself from a vote in which the member has a conflict of interest; and

(3)

Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office.

(Code 1984, § 61-2-42; Ord. No. 11-05, § 1(61-2-42), eff. 5-28-2005; Ord. No. 44-06, § 1(61-2-42), eff. 12-21-2006; Ord. No. 24-08, § 1(61-2-42), eff. 11-1-2008; Ord. No. 2024-1, § 1, eff. 1-24-2024)

The members of the Board of Zoning Appeals shall annually elect a chairperson and vice-chairperson as officers.

(Code 1984, § 61-2-43; Ord. No. 11-05, § 1(61-2-43), eff. 5-28-2005)

(a)

In accordance with Section 602(2) of the Michigan Zoning Enabling Act, being MCL 125.3602(2), regular meetings of the Board of Zoning Appeals shall be held at the call of the chairperson and at other times as the Board may specify in its Rules of Procedure. Meetings of the Board shall be conducted in compliance with the Michigan Open Meetings Act, being MCL 15.261 et seq.

(b)

In accordance with Section 601(12) of the Michigan Zoning Enabling Act, being MCL 125.3601(12), a majority of the members of the Board shall constitute a quorum for the conduct of business. The Board shall have the power to subpoena and require the attendance of witnesses, and to compel testimony or the production of books, papers, files, or other evidence, pertinent to the matter before the Body. The chairperson or, in his or her absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses.

(Code 1984, § 61-2-44; Ord. No. 11-05, § 1(61-2-44), eff. 5-28-2005; Ord. No. 2024-1, § 1, eff. 1-24-2024)

For each case or matter heard, the Board of Zoning Appeals shall cause a record of its proceedings to be prepared. The record of proceedings shall include all documents considered in the case together with a transcribed stenographic record of all public proceedings. The transcribed stenographic record shall include, but need not be limited to, the verbatim testimony offered by all witnesses in the case and all personal knowledge of members of the Board that is considered by the Board in reaching its decision. The record of proceedings shall show the grounds for each decision and the vote of each member upon each question, or, where absent or failing to vote, shall indicate such fact.

(Code 1984, § 61-2-45; Ord. No. 11-05, § 1(61-2-45), eff. 5-28-2005)

In addition to the procedures specified in Articles IV and XV of this chapter, the Board of Zoning Appeals shall adopt rules governing all proceedings before the Body. Such rules shall provide and require that:

(1)

Notice of the hearing shall be given not less than 15 days prior to the date scheduled for the public hearing. Notice shall be given to all persons to whom real property is assessed within at least 300 feet of the boundary of the property in question, and shall be addressed to the respective person at the address given in the last assessment roll. Notice shall also be given to the occupants of all structures within 300 feet of the boundary of the property in question. Said notice shall also be posted on the property as provided for in Section 50-3-11 of this Code. Finally, notice shall be given to the Planning and Development Department and, where appropriate, the Historic District Commission;

(2)

Notice shall also be given to all community organizations that are registered with the Buildings, Safety Engineering, and Environmental Department for such purposes, and whose service boundaries are within 300 feet of the premises in question;

(3)

At any public hearing, any interested party may appear in person or by agent or attorney and offer evidence, including testimony; and

(4)

All evidence, including testimony, shall be presented at an open meeting. The Board may take judicial notice of facts to the same extent and in the same manner as courts of record and may consider any relevant facts within the personal knowledge of any member of the Board which are stated into the record by such member.

(Code 1984, § 61-2-46; Ord. No. 11-05, § 1(61-2-46), eff. 5-28-2005; Ord. No. 44-06, § 1(61-2-46), eff. 12-21-2006)

(a)

The Board of Zoning Appeals shall have the official powers and duties set forth in Section 50-2-69 through Section 50-2-74 of this Code and, provided, that any decision, determination, or grant made by the Board shall be properly recorded and shall bear the official seal of the Board. Any copies of said actions delivered to the appellant or to other parties of interest shall also bear the official seal of the Board.

(b)

The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony or the production of books, papers, files, or other evidence that is pertinent to the matter before the Body. In addition, the Board shall consider the reports and recommendations of any advisory review committee, department, or agency that are submitted to the Board.

(Code 1984, § 61-2-47; Ord. No. 11-05, § 1(61-2-47), eff. 5-28-2005)

The Board of Zoning Appeals shall hear and decide appeals from, and review any order, requirement, decision, or determination that is made by, an administrative official in the administration of this chapter or any decision made by the Buildings, Safety Engineering, and Environmental Department which involve regulated uses, controlled uses, or conditional uses. Nothing that is contained in this section shall be deemed to authorize the Board to reverse or adjust any order or decision, which conforms to the provisions of this chapter. (See Article IV, Division 5, of this chapter.)

(Code 1984, § 61-2-48; Ord. No. 11-05, § 1(61-2-48), eff. 5-28-2005; Ord. No. 01-10, § 1(61-2-48), eff. 4-1-2010)

The Board of Zoning Appeals shall grant modifications from the flood hazard area regulations, after receipt of reports and recommendations from the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division and upon determination of substantial compliance with Article XIV, Division 5, of this chapter, and with the County of Wayne Stormwater Management Ordinance, being Section 95-1 et seq., of the Wayne County Code, as well as with the general and specific standards that are contained in this chapter.

(Code 1984, § 61-2-49; Ord. No. 11-05, § 1(61-2-49), eff. 5-28-2005)

The Board of Zoning Appeals shall vary the requirements and limitations that are imposed by this chapter which pertain to various land uses as provided for in Article IV, Division 6, of this chapter, provided, that in such cases where the Board of Zoning Appeals is hearing the request for a variance subsequent to a hearing by the Buildings, Safety Engineering, and Environmental Department, as described in Sections 50-3-269, 50-3-346, or 50-3-426 of this Code, the Board shall not alter any condition of the zoning grant that is established by the Buildings, Safety Engineering, and Environmental Department.

(Code 1984, § 61-2-50; Ord. No. 11-05, § 1(61-2-50), eff. 5-28-2005)

As provided for in Article IV, Division 7, of this chapter, the Board of Zoning Appeals shall:

(1)

Review petitions which seek relief from any regulation in this chapter on the basis that the denial of a permit application has deprived the applicant of all reasonable use of his or her property; and

(2)

Take final action to approve, approve with conditions, or deny such applications, including adopting any legally available incentives or relief to offset the deprivation of all reasonable use of the property.

(Code 1984, § 61-2-51; Ord. No. 11-05, § 1(61-2-51), eff. 5-28-2005; Ord. No. 37-17, § 1(61-2-51), eff. 2-6-2018)

The Board of Zoning Appeals shall hear and decide requests which involve nonconforming uses, nonconforming structures, nonconforming lots and other nonconformities that came into existence legally, but do not comply with one or more requirements of this chapter.

(Code 1984, § 61-2-52; Ord. No. 11-05, § 1(61-2-52), eff. 5-28-2005)

(a)

In accordance with Section 10 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.80, and this section, the Board of Zoning Appeals shall have the power to approve minor deviations from a development plan adopted in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, upon evidence presented to the Body that the application of the development plan results in unnecessary hardship or practical difficulties and a minor deviation from the development plan is required by considerations of justice and equity. Such minor deviations shall be considered in light of, and in the spirit of, the criteria specified in Section 50-4-121 of this Code.

(b)

Before taking any such action, in accordance with Section 10 of the Michigan Blighted Rehabilitation Act, being MCL 125.80, the Board of Zoning Appeals shall hold a public hearing with at least ten days' notice of the time and place which shall be given:

(1)

By a notice in a newspaper published or circulated generally in the City; and

(2)

By notice to all property owners within 200 feet of the property in question by mail to the respective owners at the address given in the last assessment roll.

(Code 1964, §§ 2-7-97, 2-7-98; Code 1984, § 14-1-1; Ord. No. 229-F, §§ 1, 2(2-7-97, 2-7-98), eff. 9-5-1957; Ord. No. 11-05, § 1(61-2-53), eff. 5-28-2005; Ord. No. 34-11, § 1(61-2-53), eff. 12-22-2011)

(a)

In accordance with Section 10 of the Michigan Neighborhood Area Improvements Act, being MCL 125.950, the Board of Zoning Appeals is authorized to consider minor modifications to duly adopted neighborhood area plans. Such minor modifications shall be considered in light of, and in the spirit of, the criterial specified in Section 50-4-121 of this Code. Major modifications of neighborhood area plans remain the purview of City Council.

(b)

Before taking any such action, in accordance with Section 10 of the Michigan Neighborhood Area Improvements Act, being MCL 125.950, the Board of Zoning Appeals shall hold a public hearing with at least ten days' notice of the time and place which shall be given:

(1)

By a notice in a newspaper published or circulated generally in the City; and

(2)

By notice to all property owners within the neighborhood area by mail to the respective owners at the address given in the last assessment roll.

(Code 1964, §§ 2-7-99, 2-7-100; Code 1984, § 14-1-2; Ord. No. 228-F, §§ 1, 2(2-7-99, 2-7-100), eff. 9-5-1957)

Where a case before the Board of Zoning Appeals involves known "contaminated property," which is defined as a "facility" in Section 20101(1)(s) of the Michigan Natural Resources and Environmental Protection Act, being MCL 324.20101(1)(s), the Board shall notify the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division of such case.

(Code 1984, § 61-2-54; Ord. No. 11-05, § 1(61-2-54), eff. 5-28-2005)

Where the conditions prescribed by the Board of Zoning Appeals in making any grant or finding are not complied with within six months from the issuance of a land use permit and maintained at all times thereafter, the Buildings, Safety Engineering, and Environmental Department shall hold a show-cause hearing as specified in Section 50-5-73 of this Code. Immediately upon revocation of the land use permit, the zoning grant by the Board becomes null and void.

(Code 1984, § 61-2-55; Ord. No. 11-05, § 1(61-2-55), eff. 5-28-2005)

The concurring vote of a majority of the members of the Board of Zoning Appeals shall be necessary to reverse or adjust any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which the Board is required to pass under this chapter, or to grant a variance in this chapter; except that pursuant to Section 604(10) of the Michigan Zoning Enabling Act, being MCL 125.3604(10), the concurring vote of a two-thirds majority of the members of the Board shall be necessary to approve a variance from a use of land through a hardship relief petition as set forth in Article IV, Division 7, of this chapter.

(Code 1984, § 61-2-56; Ord. No. 11-05, § 1(61-2-56), eff. 5-28-2005; Ord. No. 44-06, § 1(61-2-56), eff. 12-21-2006; Ord. No. 24-08, § 1(61-2-56), eff. 11-1-2008)

Decisions that are rendered by the Board of Zoning Appeals shall not become final until 4:00 p.m. on the third business day after the vote, unless the Board finds the immediate effect of such order necessary for the preservation of property or personal rights and so certifies on the record.

(Code 1984, § 61-2-57; Ord. No. 11-05, § 1(61-2-57), eff. 5-28-2005)

All final decisions of the Board of Zoning Appeals that are made under this division shall be transmitted back to the Buildings, Safety Engineering, and Environmental Department. A copy of a decision shall be mailed to those who testified at, or submitted testimony to, the public hearing and provided a mailing address.

(Code 1984, § 61-2-58; Ord. No. 11-05, § 1(61-2-58), eff. 5-28-2005)

Any decision of the Board of Zoning Appeals may be appealed to Circuit Court as specified in Sections 605 and 606 of the Michigan Zoning Enabling Act, being MCL 125.3605 and 125.3606. An appeal from a decision of the Board shall be filed within 30 days after the Board issues its decision in writing signed by the chairperson or within 21 days after the Board approves the minutes of its decision. The court may affirm, reverse, or modify the decision of the Board. The court may make other orders as justice requires.

(Code 1984, § 61-2-59; Ord. No. 11-05, § 1(61-2-59), eff. 5-28-2005; Ord. No. 44-06, § 1(61-2-59), eff. 12-21-2006; Ord. No. 24-08, § 1(61-2-59), eff. 11-1-2008)

The Buildings, Safety Engineering, and Environmental Department shall have the following powers and duties under this chapter:

(1)

Zoning ordinance. As provided for in Section 6-506 of the Charter, to administer and enforce all laws, ordinances, and regulations relating to the use of land ("zoning");

(2)

Conditional uses. To review applications for conditional land use grants and take final action to approve, approve with conditions, or deny such applications (see Article III, Division 7, of this chapter);

(3)

Regulated uses. To review applications to establish regulated uses and take final action to approve, approve with conditions, or deny such applications (see Article III, Division 8, of this chapter);

(4)

Controlled uses. To review applications to establish controlled uses and take final action to approve, approve with conditions, or deny such applications (see Article III, Division 9, of this chapter);

(5)

Temporary use permits. To review applications for temporary use permits and act to approve, approve with conditions, or deny such applications (see Article IV, Division 2, of this chapter);

(6)

Building permits and certificates of occupancy. To review applications for building permits and certificates of occupancy and approve or deny such applications (see Article IV, Division 3, of this chapter);

(7)

Permit review in district areas. To refer permit applications to the Planning and Development Department when the subject property is located within a designated district area that is established in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74;

(8)

Written interpretations of chapter text. To review applications for written interpretations of the text of this chapter and render such interpretations (see Article IV, Division 4, of this chapter);

(9)

Administrative adjustments. For applications that do not require site plan approval, to review applications for administrative adjustments of any development standard set forth in Article XIV of this chapter, and approve or deny such applications (see Article IV, Division 6, of this chapter);

(10)

Floodplain management administrative duties. The Buildings, Safety Engineering, and Environmental Department shall advise the Floodplain Management Review Committee as needed;

(11)

Advisory review committees. To serve as member of the Hazardous Waste Facility Review Committee and to review proposals before said Committee, and serve on an ad hoc basis on other such advisory committees as may be deemed appropriate by the chairpersons of such committees; and

(12)

"Contaminated property" issues. Where a permit application involves known "contaminated property," which is defined as a "facility" in Section 20101(1)(s) of the Michigan Natural Resources and Environmental Protection Act, being MCL 324.20101(1)(s), to notify the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division of such application.

(Code 1984, § 61-2-21; Ord. No. 11-05, § 1(61-2-21), eff. 5-28-2005; Ord. No. 34-05, § 1(61-2-21), eff. 12-6-2005; Ord. No. 34-11, § 1(61-2-21), eff. 12-22-2011; Ord. No. 38-14, § 1(61-2-21), eff. 10-16-2014)

The Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division shall have the powers and duties under this chapter as specified in Section 50-2-32 through Section 50-2-35 of this Code.

(Code 1984, § 61-2-61; Ord. No. 11-05, § 1(61-2-61), eff. 5-28-2005)

(a)

Duties. With regard to the national flood insurance program, and the regulation of development within the flood hazard area as prescribed in this chapter, the duties of the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division shall include, but are not limited to, the following: (See also Section 50-14-527 of this Code.)

(1)

Notification to adjacent communities and the Michigan Department of Environment, Great Lakes, and Energy of the proposed alteration or relocation of any watercourse, and the submission of such notifications to the Federal Insurance Administration;

(2)

Verification and recording of the actual elevation in relation to North American Vertical Datum of 1988, or NAVD 88, of the lowest floor, including the basement, of all new or substantially improved structures that are constructed within the flood hazard area, and in the case of floodproofed structures, the elevation to which the structure was floodproofed;

(3)

Recording of all certificates of floodproofing and written notification to all applicants to whom modifications are granted in a flood hazard area that indicates the terms of the modification, the increased danger to life and property, where any, which result from such modification, and that the cost of flood insurance will increase commensurate with the increased flood risk. A record of all modification notifications and modification actions shall be maintained together with the justification for each modification; and

(4)

Issuance of floodplain development permits.

(b)

Records and maps. All records and maps that pertain to the national flood insurance program shall be maintained in the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division and/or in the Department of Public Works and shall be open for public inspection.

(c)

Best available flood hazard data. It shall be the responsibility of the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division to utilize the best available flood hazard data from the Federal Emergency Management Agency.

(d)

Flood hazard area application information. In addition to the information that is required with an application for a zoning compliance permit, special use permit, or any other type of development permission which is required under this chapter, the following information shall be submitted as a part of an application for permission to commence any type of development within a flood hazard area:

(1)

The elevation in relation to national geodetic vertical datum of the floor, including the basement, of all structures;

(2)

Where floodproofing is employed, the elevation, in relation to the national geodetic vertical datum, to which a structure will be floodproofed;

(3)

Where floodproofing will be employed, a certificate from a registered professional engineer or architect that the floodproofing criteria of this chapter will be met;

(4)

Where it can be determined that development is proposed within flood hazard areas and floodways on the Flood Insurance Rate Map, or FIRM, a certification as required by this chapter;

(5)

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

(6)

Proof of development permission from appropriate local, state and federal agencies, including a floodplain permit, approval, or letter of no authority from the Michigan Department of Environment, Great Lakes, and Energy in accordance with Section 3104 of the Michigan Natural Resources and Environmental Protection Act, being MCL 324.3104;

(7)

Base flood elevation data where the proposed development is subject to the Land Division Act, being MCL 560.101 et seq., or greater than five acres in size; and

(8)

Additional information which may be reasonably necessary to determine compliance with Article XIV, Division 5, of this chapter and with the Wayne County Stormwater Management Ordinance, being Section 95-1 et seq., of the Wayne County Code.

(Code 1984, § 61-2-62; Ord. No. 11-05, § 1(61-2-62), eff. 5-28-2005; Ord. No. 24-08, § 1(61-2-62), eff. 11-1-2008)

(a)

The Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division shall act as coordinating agency for the Industrial Review Committee, Hazardous Waste Facility Review Committee, Solid Waste Facility Review Committee, and the Floodplain Management Review Committee and appoint the chairpersons of these committees. See Section 50-2-103, Section 50-2-143, Section 50-2-164, and Section 50-2-183 of this Code.

(b)

The Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division shall participate in the Loft Review Committee as a member of the Committee. See Section 50-2-123 of this Code.

(Code 1984, § 61-2-63; Ord. No. 11-05, § 1(61-2-63), eff. 5-28-2005)

The Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division shall create and maintain a database of "contaminated properties," which is defined as a "facility" in Section 20101(1)(s) of the Michigan Natural Resources and Environmental Protection Act, being MCL 324.20101(1)(s). The Department shall advise the City Planning Commission, Buildings, Safety Engineering, and Environmental Department, Planning and Development Department, and Board of Zoning Appeals on issues before such bodies that are related to "contaminated property."

(Code 1984, § 61-2-64; Ord. No. 11-05, § 1(61-2-64), eff. 5-28-2005)

The Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division shall act as coordinating agency for the receipt and processing of notices and information as required by Part 201 of the Michigan Natural Resources and Environmental Protection Act, titled Environmental Remediation, being MCL 324.20101 through MCL 324.20142.

(Code 1984, § 61-2-65; Ord. No. 11-05, § 1(61-2-65), eff. 5-28-2005; Ord. No. 34-05, § 1(61-2-65), eff. 12-6-2005)

The chairpersons and membership rosters of certain advisory committees are summarized in Table 50-2-91.

Table 50-2-91. Advisory Committee Structure

NOTE: BSEED = Buildings, Safety Engineering, and Environmental Department; BSEED/EAD = Environmental Affairs Division; CPC = City Planning Commission; DHD = Detroit Health Department; DHD/EH = Environmental Health Services Bureau; DHD/LP = Lead Poisoning Control Program; DoIT = Department of Information and Technology; DOT = Department of Transportation; DPD = Detroit Police Department; DPW = Department of Public Works; DPW/SW = Solid Waste Division; DPW/TE = Traffic Engineering Division; DWSD = Detroit Water and Sewerage Department; Fire = Fire Marshal; GDRRA = Greater Detroit Resource Recovery Authority; PDD = Planning and Development Department; PLD = Public Lighting Department; WC/DPSESG = Wayne County Department of Public Services Environmental Services Group.

(Code 1984, § 61-2-71; Ord. No. 11-05, § 1(61-2-71), eff. 5-28-2005; Ord. No. 20-18, § 1(61-2-71), eff. 10-14-2018; Ord. No. 2021-9, § 1, eff. 4-3-2021)

There is hereby established an Industrial Review Committee which shall perform its duties and exercise its powers as provided for in Section 50-2-102 through Section 50-2-105 of this Code.

(Code 1984, § 61-2-81; Ord. No. 11-05, § 1(61-2-81), eff. 5-28-2005)

The Industrial Review Committee shall consist of a staff member who is assigned from each of the departments and agencies that are delineated in this section. The Directors of the respective departments and the heads of the respective agencies shall appoint a qualified representative to serve on the Committee, and shall also appoint a qualified alternate representative who shall serve in the absence of the representative:

(1)

Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division;

(2)

City Planning Commission;

(3)

Department of Public Works, Solid Waste Division;

(4)

Detroit Health Department, Environmental Health Services Bureau;

(5)

Fire Department, Fire Marshal Division;

(6)

Greater Detroit Resource Recovery Authority;

(7)

Planning and Development Department;

(8)

Water and Sewerage Department; and

(9)

Other such departments or agencies as deemed appropriate by the chairperson to advise on a given case.

In addition, the Industrial Review Committee shall request that Wayne County provide a qualified representative and a qualified alternate representative from the Wayne County Department of Public Services Environmental Services Group to serve on the Committee.

(Code 1984, § 61-2-82; Ord. No. 11-05, § 1(61-2-82), eff. 5-28-2005)

The representative from the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division shall serve as chairperson of the Industrial Review Committee, and shall designate a person to serve as secretary.

(Code 1984, § 61-2-83; Ord. No. 11-05, § 1(61-2-83), eff. 5-28-2005)

(a)

The Industrial Review Committee shall serve in an advisory capacity to the Buildings, Safety Engineering, and Environmental Department and the Board of Zoning Appeals by reviewing and making recommendations regarding the advisability of permitting the conditional uses listed in this section. The Committee shall evaluate applicable federal and state environmental regulations, and applicable provisions in the Wayne County Code and this Code, that apply to the establishment or operation of the following conditional uses, and shall review and make recommendations on applications of this type to the Buildings, Safety Engineering, and Environmental Department and the Board of Zoning Appeals:

(1)

Abattoir, slaughter house;

(2)

Acid manufacture;

(3)

Acoustical material manufacture;

(4)

Airplane manufacture;

(5)

Alkali manufacture;

(6)

Asphalt manufacture;

(7)

Automobile body plant;

(8)

Balls or bearings manufacture;

(9)

Beryllium storage, handling, or processing;

(10)

Bituminous concrete manufacture;

(11)

Bulk solid material outdoor storage facility;

(12)

Carbide manufacture;

(13)

Carbonaceous bulk solid material facility;

(14)

Cement, lime, gypsum, or plaster of paris manufacture;

(15)

Ceramic glaze or porcelain enamel frit manufacture;

(16)

Charcoal or fuel briquette manufacture;

(17)

Chemical manufacture from raw substances;

(18)

Chlorine gas manufacture;

(19)

Coal yard;

(20)

Coke ovens;

(21)

Crushing, grading, and screening of rock, stone, slag, clay, or concrete;

(22)

Distillation of coal, petroleum, bones, tar, or refuse;

(23)

Dog or cat food cannery or manufacture;

(24)

Drop forge plants;

(25)

Dyestuffs manufacture;

(26)

Engine manufacture;

(27)

Explosives, storage only;

(28)

Fertilizer manufacture;

(29)

Fish oil or meal manufacture;

(30)

Fish smoking, curing, canning, or cleaning;

(31)

Foundry, ferrous or non-ferrous;

(32)

Garbage, offal, or dead animal reduction;

(33)

Glue manufacture using animal products;

(34)

Heliports;

(35)

Insulation manufacture;

(36)

Lampblack manufacturing;

(37)

Linoleum manufacture;

(38)

Paint, enamel, oil, shellac, lacquer, varnish, or synthetic resin manufacture;

(39)

Paper manufacturing or reclaiming;

(40)

Petroleum refining or processing;

(41)

Plating and anodizing;

(42)

Radioactive waste handling;

(43)

Radio isotope fabrication or use;

(44)

Rendering plants;

(45)

Salt works;

(46)

Smelting or refining of metals or ores;

(47)

Stamping or pressing plants;

(48)

Steel barrel, drum, or pail renovation or reclaiming;

(49)

Steel mills;

(50)

Tanning, curing, or storage of raw hides or skins;

(51)

Tar products manufacture;

(52)

Wool pulling.

(b)

The Committee shall review and investigate the following:

(1)

The site plan;

(2)

The types of materials, substances and chemicals that will be used during the establishment of the industrial operations and the facility's operating characteristics and processes;

(3)

The type of machinery and equipment proposed or any other facet of the proposed industry, especially as regards external emissions, such as noise, vibration, smoke, odor, noxious gas, dust, dirt, glare, heat, or other discharge or emission that may be harmful to adjacent or surrounding land uses;

(4)

The socioeconomic impact of the proposed facility, especially with regard to the effect on property values, tax and revenue generation, and public services;

(5)

Separation/buffering from sensitive, conforming land uses as defined in Section 50-16-153 of this Code, such as residences, schools, churches, hospitals, convalescent homes, child care facilities, hotels or motels, public parks and similar community facilities, and possible over-concentration of facilities within a given geographic area;

(6)

Environmental impact of the proposed facility, especially with regard to air quality, water quality, soil erosion and sedimentation, and flooding potential as designated or identified by the Michigan Department of Environment, Great Lakes, and Energy and the impact upon natural resource areas and wildlife habitats as designated or identified by the Michigan Department of Natural Resources;

(7)

Safety and emergency response program of the proposed facility;

(8)

Truck traffic and the adequacy of access routes so as to minimize traffic congestion and maximize safety in the transport of solid and hazardous waste and materials;

(9)

Waste-handling and disposal procedures;

(10)

The number and density of similar facilities located within 1,000 radial feet of the proposed use. For purposes of this subsection, the term, "similar facilities" shall mean all those land uses under the review of the Industrial Review Committee as specified in Subsection (a) of this section;

(11)

The use of an acceptable stormwater management plan, dust management plan, soil erosion plan, environmental management system, closure and post-closure plan, financial assurance plan, and other necessary plans and procedures;

(12)

The applicant's compliance with any existing land use grants, and the facility's compliance with environmental, zoning and other applicable regulations;

(13)

The facility's compliance with the City of Detroit Master Plan of Policies, Solid Waste Management Plan, and any other applicable plans and policies; and

(14)

The proposed development's potential for impeding the normal and orderly development of surrounding property for uses that are permitted in the district, and the potential to be detrimental to, or to endanger the physical or economic well-being of, the area.

(Code 1984, § 61-2-84; Ord. No. 11-05, § 1(61-2-84), eff. 5-28-2005; Ord. No. 2022-12, § 1, eff. 5-31-2022)

(a)

The Committee shall meet at the call of the chairperson so as to act satisfactorily upon all matters properly coming before the Body. Records of all assembled meetings of the Committee shall be kept. At the chairperson's direction, the Committee may consider proposed uses, either individually or in committee. Under the latter procedure, each Committee member shall communicate such member's findings and recommendations to the chairperson, who shall keep records of all such findings.

(b)

Each member shall consider only those aspects, as are identified in Section 50-2-104(b) of this Code, which are relevant for the proposed use and relate to such member's area of special competence. Where, based upon an evaluation of the relevant aspects identified in Section 50-2-104(b) of this Code, the member determines that the use is acceptable, the member shall indicate such member's approval of the proposed use.

(c)

The member shall recommend any control devices, such as mechanical, structural, or other features that are feasible and that will permit the member to recommend approval of the proposed use as adjusted.

(d)

Within 30 days of the public hearing, the chairperson shall formulate a recommendation on behalf of the Committee and shall submit said reports together with its recommendation to the Buildings, Safety Engineering, and Environmental Department or to the Board of Zoning Appeals which shall act in accordance with the Board's rules of procedure. The Industrial Review Committee shall recommend denial, approval, or approval with conditions on all requests. Conditions may include, but are not limited to, execution of a contractual agreement with the City regarding the conditions of operation, volumes of materials, and other pertinent aspects of operation of a project, and a performance guarantee as provided for in Article XIV, Division 8, of this chapter. Unless the Committee submits a written request for an extension of said 30-day period to the Buildings, Safety Engineering, and Environmental Department or Board of Zoning Appeals, the Buildings, Safety Engineering, and Environmental Department or Board of Zoning Appeals shall consider the lack of a recommendation from the Committee as neither opposition nor support for the proposal.

(e)

When recommending approval for any use specified in Section 50-2-104(a) of this Code, the Industrial Review Committee shall stipulate the following as a condition of approval: "That all applicable licenses and/or permits that are required by other agencies and jurisdictions be obtained and maintained as a condition of holding a permit from the Buildings, Safety Engineering, and Environmental Department."

(Code 1984, § 61-2-85; Ord. No. 11-05, § 1(61-2-85), eff. 5-28-2005)

There is hereby established a Loft Review Committee which shall perform its duties and exercise its powers as provided for in Section 50-2-122 through Section 50-2-125 of this Code.

(Code 1984, § 61-2-91; Ord. No. 11-05, § 1(61-2-91), eff. 5-28-2005)

The Loft Review Committee shall consist of a staff member who is assigned from each of the agencies listed in this section. The head of the respective agencies shall appoint a qualified representative to serve on the Loft Review Committee and shall also appoint a qualified alternate representative who shall serve in the absence of the representative. The Committee shall call upon the advice of the Buildings, Safety Engineering, and Environmental Department and other agencies as deemed appropriate.

(1)

Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division;

(2)

City Planning Commission;

(3)

Detroit Health Department, Environmental Health Services Bureau;

(4)

Detroit Health Department, Lead Poisoning Control Program;

(5)

Fire Department, Fire Marshal Division; and

(6)

Planning and Development Department.

In addition, the Loft Review Committee shall request that the County provide a qualified representative and a qualified alternate representative from the County of Wayne Department of Public Services Environmental Services Group to serve on the Committee.

(Code 1984, § 61-2-92; Ord. No. 11-05, § 1(61-2-92), eff. 5-28-2005)

The representative of the Planning and Development Department shall serve as chairperson of the Loft Review Committee and shall designate a person to serve as secretary.

(Code 1984, § 61-2-93; Ord. No. 11-05, § 1(61-2-93), eff. 5-28-2005)

(a)

The Loft Review Committee shall serve in an advisory capacity to the Buildings, Safety Engineering, and Environmental Department and the Board of Zoning Appeals on appeal by reviewing and making recommendations regarding the advisability of permitting lofts to locate in certain industrial areas where specified in Article X, Division 2 through Division 5, of this chapter, in general services districts where specified in Article IX, Division 7, of this chapter, and in the Special Development District, Riverfront Mixed Use as specified in Article XI, Division 12, of this chapter. (Lofts are addressed in Section 50-12-159 of this Code.)

(b)

The Loft Review Committee shall review and investigate the following:

(1)

Site plan;

(2)

Adequacy of utilities;

(3)

Adequacy of access roads and ingress that are designed so as to minimize traffic congestion and maximize safety as related to industrial traffic;

(4)

Adequacy of provisions of light, air, yards, landscaping, buffering, and recreation;

(5)

Any areas surrounding the proposed loft site that, by their intense industrial nature, may have potential health impacts or provide a nuisance for occupants of loft dwelling units;

(6)

Former uses of the site and building;

(7)

Former and current surrounding uses;

(8)

Any transition of the area that surrounds the proposed loft site from a previously exclusive industrial area into a mixed use or nonindustrial use area;

(9)

Any other facet of the proposed loft development, especially with regards to:

a.

Public health, safety and welfare;

b.

The loft development's potential for impeding the normal and orderly development of surrounding property for industrial uses permitted in that district;

c.

The loft development's potential to be detrimental to or endanger the physical or economic well-being of viable industrial use or growth;

d.

The loft development's potential for substantially diminishing or impairing industrial property values where intense current or future industrial use exists or is planned; and

(10)

Whether the proposed loft development satisfies the requirements of Part 201 of the Michigan Natural Resources and Environmental Protection Act, titled Environmental Remediation, being MCL 324.20101 through 324.20142, to protect the public health, safety, and welfare with regard to exposure to past contamination.

(Code 1984, § 61-2-94; Ord. No. 11-05, § 1(61-2-94), eff. 5-28-2005; Ord. No. 37-17, § 1(61-2-94), eff. 2-6-2018)

(a)

The Loft Review Committee shall meet at the call of the chairperson so as to act satisfactorily upon all matters that properly come before the Body. Records of all assembled meetings of the Committee shall be kept. At the chairperson's direction, the Committee may consider proposed uses, either individually or in committee. Under the latter procedure, each Committee member shall communicate such member's findings and recommendations to the chairperson, who shall keep records of all such findings.

(b)

Each member shall primarily consider those aspects identified in Section 50-2-124(b) of this Code that are relevant for the proposed use and relate to such member's area of special competence. Where, based upon an evaluation of the relevant aspects contained in Section 50-2-124(b) of this Code, the member determines that the loft use will be acceptable, the member shall indicate such member's recommendation of approval of the proposed loft use.

(c)

The Loft Review Committee member may recommend changes or alterations that would permit the member to recommend approval of the proposed loft use as adjusted, such as the installation or deletion of mechanical devices or equipment, changes in construction details, provision of yards, fencing, setbacks, or any other change that is deemed appropriate to properly blend the proposed loft use into the area.

(d)

Within 30 days of the public hearing, the chairperson shall formulate a recommendation on behalf of the committee and shall submit said reports together with the recommendation to the Buildings, Safety Engineering, and Environmental Department, or to the Board of Zoning Appeals, which shall act in accordance with its rules of procedure. The Loft Review Committee shall recommend denial, approval, or approval with conditions on all requests. Conditions may include, but are not limited to, execution of a contractual agreement with the City regarding the conditions of operation, volumes of materials and other pertinent aspects of operation of a project, and a performance guarantee as provided for in Article XIV, Division 8, of this chapter. Unless the Committee submits a written request for an extension of said 30-day period to the Buildings, Safety Engineering, and Environmental Department or to the Board of Zoning Appeals, the Department or Board shall consider the lack of a recommendation from the Committee as neither opposition nor support for the proposal.

(Code 1984, § 61-2-95; Ord. No. 11-05, § 1(61-2-95), eff. 5-28-2005)

There is hereby established a Hazardous Waste Facility Review Committee which shall perform its duties and exercise its powers as provided for in Section 50-2-142 through Section 50-2-146 of this Code.

(Code 1984, § 61-2-101; Ord. No. 11-05, § 1(61-2-101), eff. 5-28-2005)

(a)

The Hazardous Waste Facility Review Committee shall consist of one representative from each of the following departments and agencies:

(1)

Buildings, Safety Engineering, and Environmental Department;

(2)

Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division;

(3)

City Planning Commission;

(4)

Department of Public Works, Traffic Engineering Division;

(5)

Fire Department, Fire Marshal's Division;

(6)

Health Department Environmental Health Services Bureau;

(7)

Planning and Development Department;

(8)

Representative of the hazardous waste industry, either a management facility operator or waste generator; and

(9)

Water and Sewerage Department.

(b)

In addition, the Hazardous Waste Facility Review Committee shall request that the County provide a qualified representative and a qualified alternate representative from the County of Wayne Department of Public Services Environmental Services Group to serve on the Committee.

(c)

The City Council shall appoint two public representatives to serve on the Committee. One such public representative shall be appointed on an ad hoc basis and shall represent the public of the area where the facility is proposed to be located. The second public representative shall be a permanent member of the committee, shall represent the public perspective of the City as a whole, and preferably have a working knowledge of environmental issues.

(Code 1984, § 61-2-102; Ord. No. 11-05, § 1(61-2-102), eff. 5-28-2005)

The representative of the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division shall serve as chairperson of the Hazardous Waste Facility Review Committee and shall designate a person to serve as secretary.

(Code 1984, § 61-2-103; Ord. No. 11-05, § 1(61-2-103), eff. 5-28-2005)

(a)

The Hazardous Waste Facility Review Committee shall serve in an advisory capacity to the Michigan Department of Environment, Great Lakes, and Energy by reviewing and making recommendations regarding the siting and operation of hazardous waste materials storage, processing, or recycling facilities in certain industrial areas where specified in Article X, Division 5 and Division 6, of this chapter. The Committee shall identify and determine all the applicable state and federal regulations that apply to each facility.

(b)

The Hazardous Waste Facility Review Committee shall review and investigate the following:

(1)

Demonstrated need for the proposed hazardous waste facility, based on comparing quantities of waste that are generated within the City to existing facility capacity;

(2)

Separation/buffering from sensitive, conforming land uses as defined in Section 50-16-153 of this Code, such as residences, schools, churches, hospitals, convalescent homes, child care facilities, hotels or motels; public parks and similar community facilities; and possible over-concentration of facilities within a given geographic area;

(3)

Environmental impact of the proposed facility, especially with regard to air quality, water quality, soil contamination, erosion, sedimentation, and flooding potential as designated or identified by the Michigan Department of Environment, Great Lakes, and Energy and the impact upon natural resource areas and wildlife habitats as designated or identified by the Michigan Department of Natural Resources;

(4)

Public health impacts;

(5)

Safety and emergency response program of the proposed facility;

(6)

Truck traffic and the adequacy of access routes so as to minimize traffic congestion and maximize safety in the transport of solid and hazardous waste and materials;

(7)

Waste-handling and disposal procedures;

(8)

Socioeconomic impact of the proposed facility, especially with regard to the effect on property values, tax and revenue generation, and public services;

(9)

Monitoring reports, enforcement histories, and notices to the facility operator and owner that are issued by, or submitted to, the County of Wayne Department of Public Services Environmental Services Group, the Michigan Department of Environment, Great Lakes, and Energy, the U.S. Environmental Protection Agency, the U.S. Coast Guard, the Water and Sewerage Department, and others which have regulatory authority for its hazardous waste facilities;

(10)

Demonstrated need or demand for the proposed Hazardous Waste Facility, based on comparing quantities of waste that is generated within the City and capacities of existing hazardous waste facilities that serve Southeast Michigan and Ontario, Canada;

(11)

Closure and post-closure plan, including financial assurance mechanism, of the proposed facility.

(Code 1984, § 61-2-104; Ord. No. 11-05, § 1(61-2-104), eff. 5-28-2005)

Within 30 days of a report being requested, each member of the Hazardous Waste Facility Review Committee shall submit a report to the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division and recommend support, opposition, or support of the hazardous waste facility use subject to certain changes or alterations, such as the installation or deletion of mechanical devices or equipment, changes in construction details, provisions of yards, fencing, setbacks, or any other change deemed desirable to properly blend the proposed use into the surrounding area.

(Code 1984, § 61-2-105; Ord. No. 11-05, § 1(61-2-105), eff. 5-28-2005)

(a)

The Hazardous Waste Facility Review Committee shall meet at the call of the chairperson so as to act satisfactorily upon all matters which may properly come before the Body. The committee may hold public hearings in the affected communities. Records shall be kept of all meetings of the Hazardous Waste Facility Review Committee.

(b)

Each member shall primarily consider those aspects, that are identified in Section 50-2-144 of this Code, which are relevant to the proposed use and relate to such member's area of special competence. Where the member determines that the use is acceptable, based upon an evaluation of the relevant aspects identified in Section 50-2-144 of this Code, such member shall indicate such member's support of the proposed hazardous waste facility use. Otherwise, the member shall indicate such member's opposition.

(c)

Where appropriate to effectively mitigate undesirable characteristics of the hazardous waste facility use, each member shall recommend changes, special conditions, and/or mitigation measures.

(d)

After the members of the Hazardous Waste Facility Review Committee have met and taken action on the proposed hazardous facility use, the committee shall submit its report, with recommendation to the Michigan Department of Environment, Great Lakes, and Energy, which shall contain the recommendation of the committee and its reasons for support or opposition, along with any recommended changes, special conditions, and/or mitigation measures.

(Code 1984, § 61-2-106; Ord. No. 11-05, § 1(61-2-106), eff. 5-28-2005)

There is hereby established a Solid Waste Facility Review Committee which shall perform its duties and exercise its powers as provided for in Section 50-2-162 through Section 50-2-167 of this Code.

(Code 1984, § 61-2-111; Ord. No. 11-05, § 1(61-2-111), eff. 5-28-2005)

The Solid Waste Facility Review Committee shall consist of one representative from each of the following departments and agencies:

(1)

Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division;

(2)

City Planning Commission;

(3)

Health Department, Community Industrial Hygiene Division;

(4)

Department of Public Works, Solid Waste Division;

(5)

Fire Department, Fire Marshal's Division; and

(6)

Planning and Development Department.

In addition, the Solid Waste Facility Review Committee shall request that the County provide a qualified representative and a qualified alternate representative from the County of Wayne Department of Public Services Environmental Services Group to serve on the Committee.

(Code 1984, § 61-2-112; Ord. No. 11-05, § 1(61-2-112), eff. 5-28-2005; Ord. No. 37-17, § 1(61-2-112), eff. 2-6-2018)

(a)

For cases involving those uses specified in Section 50-2-165 of this Code, the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division shall appoint two ad hoc members to the Solid Waste Facility Review Committee after receipt of a written recommendation from the City Planning Commission staff, or from community or business organizations in the vicinity of the proposed facility, or after receipt of a response to a solicitation for ad hoc members. Ad hoc members shall be property owners, residents, or other persons who have a demonstrable and substantial interest in the vicinity of the proposed facility.

(b)

The term "vicinity" means within a one-mile radius of the proposed solid waste facility.

(c)

The term "demonstrable and substantial interest" means:

(1)

Ownership of property or residence in the specified area; or

(2)

Operation of a business or institution in the specified area; or

(3)

Representation of a community organization or business organization in the specified area.

(Code 1984, § 61-2-113; Ord. No. 11-05, § 1(61-2-113), eff. 5-28-2005; Ord. No. 44-06, § 1(61-2-113), eff. 12-21-2006)

The representative from the Department of Public Works shall serve as chairperson of the Committee and shall designate a person to serve as secretary.

(Code 1984, § 61-2-114; Ord. No. 11-05, § 1(61-2-114), eff. 5-28-2005; Ord. No. 37-17, § 1(61-2-114), eff. 2-6-2018)

The following uses, and uses accessory thereto, may be permitted by the Buildings, Safety Engineering, and Environmental Department after a report and recommendation has been received from the Solid Waste Facility Review Committee, relative to the issues that are identified in Section 50-2-166(b) of this Code which are relevant to the proposed use, and other operating characteristics that are peculiar to any of the following uses:

(1)

Incinerator plant;

(2)

Junkyard;

(3)

Recycling center;

(4)

Scrap tire storage, processing, or recycling facilities;

(5)

Solid waste processing, recycling, storage, and transfer facilities as defined and regulated by Part 115 of the Michigan Natural Resources and Environmental Protection Act, Solid Waste Management, being MCL 324.11501 through 324.11554, and the administrative rules of the Michigan Department of Environment, Great Lakes, and Energy;

(6)

Transfer stations for garbage or rubbish; and

(7)

Used vehicle parts sales.

(Code 1984, § 61-2-115; Ord. No. 11-05, § 1(61-2-115), eff. 5-28-2005; Ord. No. 44-06, § 1(61-2-115), eff. 12-21-2006; Ord. No. 37-17, § 1(61-2-115), eff. 2-6-2018; Ord. No. 2023-6, § 1, eff. 3-8-2023)

(a)

The Solid Waste Review Committee shall serve in an advisory capacity to the Buildings, Safety Engineering, and Environmental Department and the Board of Zoning Appeals by reviewing and making recommendations regarding the advisability of permitting the establishment and operation of solid waste or materials storage, processing, or recycling facilities. The establishment of such a use shall be in accordance with applicable policies and guidelines for the location of the use as developed by the Committee.

(b)

The Committee shall also review and investigate:

(1)

The site plan;

(2)

The operating characteristics and processes;

(3)

The type of machinery and equipment proposed;

(4)

Any other facet of the proposed use, especially as regards external emissions such as noise, vibration, smoke, odor, noxious gas, dust, dirt, soil impacts, glare, heat, or other discharge or emission that may be harmful to adjacent, or surrounding, land uses and the environment;

(5)

The host community agreement, where applicable;

(6)

The junkyard standards of the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division, where applicable;

(7)

Stormwater management;

(8)

The dust management plan;

(9)

The environmental management system;

(10)

The closure and post-closure plan;

(11)

The financial assurance plan;

(12)

Other necessary plans and procedures;

(13)

The applicant's compliance with any existing land use grants;

(14)

The facility's compliance with environmental, zoning, and other applicable regulations;

(15)

The facility's compliance with the City of Detroit Master Plan of Policies, Solid Waste Management Plan, and any other applicable plans and policies;

(16)

The proposed development's potential for impeding the normal and orderly development of surrounding property for uses that are permitted in that district;

(17)

The potential to be detrimental to or to endanger the physical or economic well-being of the area.

(Code 1984, § 61-2-116; Ord. No. 11-05, § 1(61-2-116), eff. 5-28-2005)

(a)

The Committee shall meet at the call of the chairperson so as to act satisfactorily upon all matters, which may properly come before the Body. Records shall be kept of all meetings of the Committee. Under the direction of the chairperson, the Committee may consider proposed uses either in committee or individually. Under the latter procedure, each Committee member shall communicate such member's findings and recommendations to the chairperson who shall keep records of all such findings.

(b)

Each member shall primarily consider those aspects of the proposed use, that are identified in Section 50-2-165 of this Code, which are relevant to the proposed use and relate to such member's area of special competence. Where the member determines that the solid waste facility use will be acceptable, based upon an evaluation of the relevant aspects contained in Section 50-2-165 of this Code, the member shall indicate such member's recommendation of approval of the proposed use.

(c)

Where feasible, in accordance with Subsection (b) of this section, to effectively minimize undesirable characteristics of the proposed use, members shall recommend control devices, such as mechanical, structural or other features, that are feasible and will permit the member to recommend approval of the proposed use as adjusted.

(d)

Within 30 days of the public hearing, the chairperson shall formulate a recommendation on behalf of the committee and shall submit said reports together with the recommendation to the Buildings, Safety Engineering, and Environmental Department, or to the Board of Zoning Appeals which shall act in accordance with the Board's rules of procedure. The Solid Waste Facility Review Committee shall recommend denial, approval, or approval with conditions on all requests. Conditions may include, but are not limited to, execution of a contractual agreement with the City regarding the conditions of operation, volumes of materials, and other pertinent aspects of operation of a project, and a performance guarantee as provided for in Article XIV, Division 8, of this chapter. Unless the Committee submits a written request for an extension of said 30-day period to the Buildings, Safety Engineering, and Environmental Department or the Board of Zoning Appeals, the Department or Board shall consider the lack of a recommendation from the Committee as neither opposition nor support for the proposal.

(Code 1984, § 61-2-117; Ord. No. 11-05, § 1(61-2-117), eff. 5-28-2005)

There is hereby established a Floodplain Management Review Committee which shall perform its duties and exercise its powers as provided for in Section 50-2-182 through Section 50-2-185 of this Code.

(Code 1984, § 61-2-121; Ord. No. 11-05, § 1(61-2-121), eff. 5-28-2005)

(a)

The Floodplain Management Review Committee shall consist of one representative from each of the following departments and agencies:

(1)

Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division;

(2)

City Planning Commission;

(3)

Department of Public Works;

(4)

Water and Sewerage Department; and

(5)

Planning and Development Department.

(b)

The Committee shall call upon the advice of the Buildings, Safety Engineering, and Environmental Department and other agencies as deemed appropriate.

(Code 1984, § 61-2-122; Ord. No. 11-05, § 1(61-2-122), eff. 5-28-2005)

The representative of the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division shall serve as chairperson of the Floodplain Management Review Committee and shall designate a person to serve as secretary.

(Code 1984, § 61-2-123; Ord. No. 11-05, § 1(61-2-123), eff. 5-28-2005)

The Floodplain Management Review Committee shall serve in an advisory capacity to the Buildings, Safety Engineering, and Environmental Department and the Board of Zoning Appeals by reviewing and making recommendations regarding the advisability of permitting development within floodplains that are located within the City.

(Code 1984, § 61-2-124; Ord. No. 11-05, § 1(61-2-124), eff. 5-28-2005)

(a)

The Floodplain Management Review Committee shall meet at the call of the chairperson so as to act satisfactorily upon all matters that properly come before the Body. Records of all assembled meetings of the Committee shall be kept. At the chairperson's direction, the Committee may consider proposed uses, either individually or in committee. Under the former procedure, each Committee member shall communicate such member's findings and recommendations to the chairperson, who shall keep records of all such findings.

(b)

Each member shall consider only those aspects of the proposed use which relate to such member's area of special competence. Where the member determines that the use will meet all requirements of the federal and state laws, County ordinances, and this Code, regarding floodplains which relate to such member's area of special competence, the member shall indicate such member's recommendation for approval of the proposed use.

(c)

Where feasible to meet all applicable requirements, the member shall recommend any control devices, such as mechanical, structural, or other features, that are feasible and will permit the member to recommend approval of the proposed use as adjusted.

(d)

Within 30 days of the public hearing, the chairperson shall formulate a recommendation on behalf of the committee and shall submit said reports, together with the recommendation to the Buildings, Safety Engineering, and Environmental Department, or the Board of Zoning Appeals, which shall act in accordance with its rules of procedure. In the event no public hearing is required, the Committee shall respond to the Buildings, Safety Engineering, and Environmental Department within 30 days from receipt of the case by the Committee. The Floodplain Management Review Committee shall recommend denial, approval, or approval with conditions on all requests. Conditions may include, but are not limited to, execution of a contractual agreement with the City regarding the conditions of operation, volumes of materials and other pertinent aspects of operation of a project, and a performance guarantee as provided for in Article XIV, Division 8, of this chapter. Unless the Committee submits a written request for an extension of said 30-day period to the Buildings, Safety Engineering, and Environmental Department or Board of Zoning Appeals, the Department or Board shall consider the lack of a recommendation from the Committee as neither opposition nor support for the proposal.

(e)

When recommending approval for any permit, the Floodplain Management Review Committee shall stipulate the following as a condition of approval: "That all applicable licenses and/or permits required by other agencies and jurisdictions be obtained and maintained as a condition of holding a permit from the Buildings, Safety Engineering, and Environmental Department."

(Code 1984, § 61-2-125; Ord. No. 11-05, § 1(61-2-125), eff. 5-28-2005)

(a)

There is hereby created a Wireless Telecommunications Site Review Committee, which shall perform its duties and exercise its powers as provided for in this subdivision.

(b)

The Federal Telecommunications Act of 1996 preserves the City's ability to exert zoning and other regulatory control over personal communications services (PCS), enhanced specialized mobile radio and specialized mobile radio (ESMR/SMR), and cellular wireless antenna cell sites, provided, that:

(1)

Zoning and other regulations are not so onerous as to effectively prohibit the provision of personal wireless services; and

(2)

There is no unreasonable discrimination among providers of functionally equivalent services.

The development of PCS technology also presents greater site management problems for the City because the high frequency and low power requirements necessitate many more wireless cell sites than conventional cellular or ESMR/SMR service. The Committee is established for the purpose of creating a centralized process for handling site requests that may be granted without zoning map changes to ensure consistency and fair treatment in the processing of such requests.

(c)

The Committee shall serve as a Citywide clearing-house for the review of all siting requests, including, but not limited to, permit and lease requests for wireless antenna towers and other antenna cell sites. No permit shall be issued until the Committee has conducted a thorough review in accordance with the provisions of this subdivision.

(Code 1984, § 61-2-131; Ord. No. 11-05, § 1(61-2-131), eff. 5-28-2005; Ord. No. 20-05, § 1(61-2-131), eff. 5-29-2005)

The Wireless Telecommunications Site Review Committee shall consist of not more than 19 regular members, and not more than two special members for any particular request, who shall be appointed by and who shall serve at the pleasure of the Mayor, in accordance with the following:

(1)

Regular members.

a.

One representative from the Mayor's Office or designee of the Mayor.

b.

Not more than two representatives from each of the following City departments or agencies:

1.

Buildings, Safety Engineering, and Environmental Department;

2.

City Planning Commission;

3.

Information Technology Services Department;

4.

Law Department; and

5.

Planning and Development Department.

c.

Not more than one representative from each of the following City departments:

1.

Cable Communications Commission;

2.

Department of Transportation;

3.

Fire Department;

4.

Police Department;

5.

Public Lighting Department;

6.

Public Works Department; and

7.

Water and Sewerage Department.

(2)

Special members. When the Committee receives a request that involves City-owned land or buildings within the jurisdiction of a City department or agency which is not listed in Subsection (1) of this section, such City department or agency shall designate, through its department director or agency head, not more than two additional Committee members, who shall serve as special members, only for the purpose of considering the specific request that pertains to the City-owned buildings and/or land within the jurisdiction of the City department or agency.

(Code 1984, § 61-2-132; Ord. No. 11-05, § 1(61-2-132), eff. 5-28-2005; Ord. No. 20-05, § 1(61-2-132), eff. 5-29-2005)

The representative of the Mayor's Office, or the Mayor's designee, shall serve as chairperson of the Wireless Telecommunications Site Review Committee. The Chairperson may select a Vice-Chairperson. The Vice-Chairperson shall act in the Chairperson's stead in the event of the Chairperson's absence or in the event of a vacancy in the position of Chairperson.

(Code 1984, § 61-2-133; Ord. No. 11-05, § 1(61-2-133), eff. 5-28-2005; Ord. No. 20-05, § 1(61-2-133), eff. 5-29-2005)

The Wireless Telecommunications Site Review Committee shall apply and evaluate the following criteria, at a minimum, to be used in reviewing wireless antenna tower and antenna siting requests:

(1)

Antenna tower height, antenna tower width dimensions and the type of antenna tower design to be used, i.e., guyed tower, lattice tower, or monopole;

(2)

Proximity of the antenna tower site to residential development;

(3)

Minimum optimal distance between antenna towers and the number of antenna towers permitted per zoning lot;

(4)

Visual impact of the antenna tower or other cell site on the host community including setbacks, yard requirements, screening, fencing, and landscaping;

(5)

Materials and coloration of the antenna tower or other cell site and auxiliary buildings;

(6)

Whether the proposed antenna tower can accommodate more than one provider (co-location);

(7)

Existence of feasible alternatives to the erection of new antenna towers, such as the use of existing structures;

(8)

Degree to which antennas affixed to existing structures are effectively concealed or camouflaged;

(9)

Compliance with all applicable federal and state laws, County ordinances, and this Code; and

(10)

Any other criterion as may be deemed necessary by the City, or may be required by state or federal regulations.

(Code 1984, § 61-2-134; Ord. No. 20-05, § 1(61-2-134), eff. 5-29-2005)

(a)

All departments and/or agencies of the City shall notify the Chairperson of the Wireless Telecommunications Site Review Committee upon receipt of any request for a permit to erect a PCS, ESMR/SMR, or other cellular antenna or antenna tower on land or buildings in the City. Said notices shall be sent to the Committee Chairperson within five business days after receipt. Wireless carriers may apply directly to the Wireless Telecommunications Site Review Committee.

(b)

Applicants for antenna cell sites must submit both the standard permit application form of the Buildings, Safety Engineering, and Environmental Department and the cell site application form as provided by the Wireless Telecommunications Site Review Committee. The application forms must be submitted with the appropriate supporting documentation and fee as authorized by Section 50-2-206 of this Code in order to be considered complete.

(c)

The Committee Chairperson shall forward copies of any such applications and associated documents to the Committee members within five business days, and shall convene a meeting of the Committee to consider the request within 15 business days after the Chairperson receives notification of the request.

(d)

The Committee Chairperson may request additional information from an applicant. All time periods that are contained in this section shall be tolled, where applicable, until such information is provided.

(e)

Upon completion of its review, the Committee shall prepare findings and/or recommendations. These findings and/or recommendations shall be distributed as follows:

(1)

Requests that pertain to property not owned by the City. Upon completion of the Committee's review, the request, with a written summary of the Committee's findings and/or recommendations, shall be forwarded to the applicant by first class mail, and a copy of such documents shall be sent to the Director of the Buildings, Safety Engineering, and Environmental Department, and all members of the Wireless Telecommunications Site Review Committee. The Committee's response shall also include the name, address, and telephone number of a person whom the applicant may contact to discuss any questions or comments the applicant may have regarding the Committee's response, and shall state that the applicant is responsible for contacting the Buildings, Safety Engineering, and Environmental Department to complete the processing of the wireless antenna permit request, and, where necessary, for obtaining all necessary approvals and/or waivers.

(2)

Requests that pertain to property owned by the City.

a.

Upon completion of the Committee's review, the Chairperson shall send a written summary of the Committee's findings to each member of the Wireless Telecommunications Site Review Committee. Where the Committee recommends that City property should be leased to the applicant for an antenna cell site, and the Buildings, Safety Engineering, and Environmental Department having jurisdiction of the property agrees with the recommendation, the applicant shall be so notified.

b.

Where the Committee recommends that the City property should not be leased to the applicant for an antenna cell site, the Committee Chairperson shall notify the applicant by first class mail. Where the Committee and the Buildings, Safety Engineering, and Environmental Department having jurisdiction of the property disagree whether the site should be leased as an antenna cell site, the Mayor, or the Mayor's designee, shall resolve the matter. The Wireless Telecommunications Site Review Committee shall be consulted where the City negotiates a lease of property for an antenna cell site.

Any such lease shall include reference to a detailed site plan and/or development agreement, and shall include a provision indicating that the lease is contingent upon the applicant's receipt of all applicable municipal regulatory approvals. Once the lease has been executed, a permit may be applied for without further Committee review.

(Code 1984, § 61-2-135; Ord. No. 20-05, § 1(61-2-135), eff. 5-29-2005)

(a)

In accordance with Section 9-507 of the Charter, the Mayor is authorized to establish a fee with the approval of City Council, through adoption of a resolution, for the cost of the Wireless Telecommunications Site Review Committee's review of each application for wireless antenna tower or other antenna cell site request. After adoption of the resolution by the City Council and approval of the resolution by the Mayor, the fee shall be:

(1)

Published in a daily newspaper of general circulation and in the Journal of the City Council;

(2)

Made available at the Office of the Mayor and at the Office of the City Clerk; and

(3)

Reviewed by the Mayor at least once every two years.

(b)

The funds that are captured from the fees shall be used solely for administering the review of applications and Committee support.

(Code 1984, § 61-2-136; Ord. No. 20-05, § 1(61-2-136), eff. 5-29-2005)

There is hereby established a Design Review Advisory Committee which shall perform its duties and exercise its powers as provided for in Section 50-2-224 of this Code.

(Code 1984, § 61-2-141; Ord. No. 20-05, § 1(61-2-141), eff. 5-29-2005)

(a)

The Design Review Advisory Committee shall consist of one representative from each of the following:

(1)

The Planning and Development Department—A staff person who is assigned to site plan review;

(2)

City Planning Commission staff; and

(3)

A community group, the boundaries of which include the commercial district to which a given permit application pertains.

(b)

The Chairperson may include other ad hoc members as the Chairperson deems appropriate for the review of a particular application.

(Code 1984, § 61-2-142; Ord. No. 20-05, § 1(61-2-142), eff. 5-29-2005; Ord. No. 13-11, § 1(61-2-142), eff. 8-23-2011; Ord. No. 2020-21, § 1, eff. 8-8-2020)

The representative of the Planning and Development Department shall serve as Chairperson of the Design Review Advisory Committee.

(Code 1984, § 61-2-143; Ord. No. 20-05, § 1(61-2-143), eff. 5-29-2005)

The Design Review Advisory Committee shall review permit applications which pertain to specified overlay areas in light of the design standards and guidelines adopted for such overlay area. The Committee shall advise the Planning and Development Department whether the Body has found the work that is proposed in a permit application to be consistent with the adopted design standards.

(Code 1984, § 61-2-144; Ord. No. 20-05, § 1(61-2-144), eff. 5-29-2005)

In accordance with Section 9-507 of the Charter, the Director of the Planning and Development Department is authorized to establish a fee with the approval of City Council, through adoption of a resolution, for the cost of the Design Review Advisory Committee's review of each permit application for consistency with adopted design standards. After adoption of the resolution by the City Council and approval of the resolution by the Mayor, the fee shall be:

(1)

Published in a daily newspaper of general circulation and in the Journal of the City Council;

(2)

Made available at the Planning and Development Department and at the Office of the City Clerk; and

(3)

Reviewed by the Director of the Planning and Development Department at least once every two years.

(Code 1984, § 61-2-145; Ord. No. 20-05, § 1(61-2-145), eff. 5-29-2005; Ord. No. 24-08, § 1(61-2-145), eff. 11-1-2008)

Where a given application involving an overlay area requires the Planning and Development Department to conduct both site plan review and design review, the Planning and Development Department may conduct both reviews simultaneously.

(Code 1984, § 61-2-146; Ord. No. 20-05, § 1(61-2-146), eff. 5-29-2005)

The City has created a number of historic districts that impose additional regulations and development standards which are designed to preserve the defined historic character of certain designated areas of the City. Where a permit application involving land and/or buildings or structures within an established historic district is submitted, the Buildings, Safety Engineering, and Environmental Department shall forward the permit application to the Historic District Commission. In accordance with Chapter 21 of this Code, History, the Commission is authorized to participate in site plan review, as applicable. In its review, the Historic District Commission shall review and comment on the development application's consistency with applicable historic district criteria. In the event the general development standards that are specified in Article XIV of this chapter are inappropriate for a particular historic property, the specifications of the Historic District Commission shall supersede.

(Code 1984, § 61-2-151; Ord. No. 11-05, § 1(61-2-151), eff. 5-28-2005; Ord. No. 34-05, § 1(61-2-151), eff. 12-6-2005)