All information in the Table 50-3-1 is general. For specific details, see the text of this chapter.

Table 50-3-1

Notes:

P&DD = Planning and Development Department; CPC = City Planning Commission; BSEED = Buildings, Safety Engineering, and Environmental Department; BSEED/EAD = Buildings, Safety Engineering, and Environmental Department/Environmental Affairs Division; BZA = Board of Zoning Appeals; R = Review body (review + recommendation); DM = Decision-making body (final decision-making authority); SPR = Site plan review required (see Division 5 of this article); A = Authority to hear and decide appeals of decision-making body's action; <> = Public hearing required
[*] The decision-making body depends on the zoning district classification, as specified in Section 50-2-124 of this Code. Only those administrative adjustment decisions of the Planning and Development Department and the Buildings, Safety Engineering, and Environmental Department may be appealed to the Board of Zoning Appeals.

(Code 1984, § 61-3-1; Ord. No. 11-05, § 1(61-3-1), eff. 5-28-2005; Ord. No. 24-08, § 1(61-3-1), eff. 11-1-2008; Ord. No. 13-11, § 1(61-3-1), eff. 8-23-2011; Ord. No. 37-17, § 1(61-3-1), eff. 2-6-2018)

The review and approval procedures of this chapter are organized into this article and Article IV of this chapter. The two articles shall be construed as constituting a single, consolidated article.

(Code 1984, § 61-3-2; Ord. No. 11-05, § 1(61-3-2), eff. 5-28-2005)

(a)

Unless otherwise provided for in this article, applications for review and approval under this article may be initiated by petition of:

(1)

All owners of the property that is the subject of the application;

(2)

The owners' authorized agents;

(3)

Any review or decision-making body; or

(4)

Other persons with a legal interest in the subject property, such as a purchaser under contract.

(b)

Where a review or decision-making body initiates action under this chapter, as referenced in Section 50-3-1 of this Code, it does so without preference toward the outcome.

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

(a)

Applications that are required under this article shall be submitted in a form and in such numbers as deemed necessary by the official responsible for accepting the application. An application shall be accompanied by the fee that has been established under Subsection (b) of this section, provided, that fees are not required with applications which are submitted by the City Council, by the City Planning Commission, or by City departments or agencies. Application fees are non-refundable, unless expressly stated.

(b)

In accordance with Section 9-507 of the Charter, the Director of the Buildings, Safety Engineering, and Environmental Department is authorized to establish respective fees with the approval of City Council, through adoption of a resolution, for the types of applications that are required to be submitted under this article. 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 Buildings, Safety Engineering, and Environmental Department and at the Office of the City Clerk; and

(3)

Reviewed by the Buildings, Safety Engineering, and Environmental Department at least once every two years.

(Code 1984, § 61-3-4; Ord. No. 11-05, § 1(61-3-4), eff. 5-28-2005)

(a)

An application will be considered complete where it is submitted in the required form, contains all mandatory information, including all exhibits that are specified by the official responsible for accepting the application, and is accompanied by the applicable fee. A determination of application completeness shall be made by the official who is responsible for accepting the application within ten days of the date that the application is filed. Where an application is determined to be incomplete, the official responsible for accepting the application shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected. Where the deficiencies are not corrected by the applicant within 30 days, the application shall be considered withdrawn and returned to the applicant.

(b)

Pursuant to Section 406(2) of the Michigan Zoning Enabling Act, being MCL 125.3406(2), a person is ineligible to apply for a rezoning, site plan approval, special land use approval, planned unit development approval, variance, or other zoning authorization where the person is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the Blight Administrative Hearings Bureau under Chapter 3, Article II, of this Code, Enforcement of Blight Violations. This ineligibility does not apply to an applicant for a zoning authorization if the applicant became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure as provided for in Section 406(3) of the Michigan Zoning Enabling Act, being MCL 125.3406(3). Further, this ineligibility does not apply if the zoning authorization will correct, in whole or in part, the blight violation that was the subject of the delinquent payment.

(Code 1984, § 61-3-5; Ord. No. 11-05, § 1(61-3-5), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-5), eff. 10-16-2014)

Applicants may request a pre-application meeting with staff of the department that is responsible for processing the application prior to submitting an application for review under this article. The purpose of a pre-application meeting is to inform the applicant of applicable procedures, submittal requirements, development standards, and other pertinent matters before the applicant finalizes the development proposal. Staff opinions presented during a pre-application meeting are informational only and do not represent a commitment on behalf of the City regarding the acceptability of the development proposal.

(Code 1984, § 61-3-6; Ord. No. 11-05, § 1(61-3-6), eff. 5-28-2005)

(a)

All written notices for statutory public hearings that are required under this chapter shall comply with the Michigan Zoning Enabling Act, being MCL 125.3101 et seq., and shall inform the recipient of the applicant's name, describe the nature and type of use proposed, indicate the location of the property in question, and provide the section of this chapter under which the proposal is being processed. Notice shall be provided at least 15 days before the application is considered or a public hearing is scheduled before the City Council; Buildings, Safety Engineering, and Environmental Department; Board of Zoning Appeals; or City Planning Commission. The notice shall also invite written comments, statements, or opinions and indicate the place and date where written comments concerning the proposed use must be received.

(b)

Where the provisions of this chapter require that written notice be provided, such notice may be provided either by mail or through personal delivery with proof of service. The City shall be responsible for preparing and mailing the written notice as provided for in this division. In addition, the City shall comply with the general requirements that are delineated in Section 50-3-8 through Section 50-3-12 of this Code.

(Code 1984, §§ 61-3-7, 61-3-8; Ord. No. 11-05, § 1(61-3-7, 61-3-8), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-7), eff. 12-21-2006; Ord. No. 38-14, § 1(61-3-7), eff. 10-16-2014; Ord. No. 37-17, § 1(61-3-7), eff. 2-6-2018)

Written notice of hearings for zoning map amendments, text amendments, conditional uses, regulated uses, controlled uses, and Board of Zoning Appeals cases shall be sent to the following:

(1)

The owner and occupant of the subject real property. For purposes of this article, notification to the person to whom the subject property is assessed shall constitute notification of the owner;

(2)

All persons to whom any real property is assessed within 300 feet of the premises in question, regardless of whether the property is located in the zoning jurisdiction;

(3)

All community organizations that are registered with the Buildings, Safety Engineering, and Environmental Department for such purpose and all Citizens' District Councils, the boundaries of which organizations and councils are located within 300 feet of the premises in question;

(4)

In addition, written notice shall be provided as follows:

a.

For both text and map amendments to this chapter, written notice shall be sent, by registered mail, to each public utility company and each railroad company which owns or operates any public utility or railroad within the districts or zones affected;

b.

For this chapter's map amendments, conditional uses, regulated uses, and controlled uses, written notice shall be sent to the occupants of all structures that are within 300 feet of the premises in question, regardless of whether the structure or occupant is located in the zoning jurisdiction;

c.

For hearings at the Board of Zoning Appeals, notice shall be sent to the occupants of all structures that are within 300 feet of the premises in question, regardless of whether the structure or occupant is located in the zoning jurisdiction, and to the Planning and Development Department.

(Code 1984, § 61-3-9; Ord. No. 11-05, § 1(61-3-9), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-9), eff. 12-21-2006)

(a)

Where the name of the occupant is not known, the term "occupant" may be used in making written notification.

(b)

Where a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

(Code 1984, § 61-3-10; Ord. No. 11-05, § 1(61-3-10), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-10), eff. 12-21-2006; Ord. No. 24-08, § 1(61-3-10), eff. 11-1-2008)

Where the provisions of this chapter require that notice be published, the agency responsible for giving notice shall ensure that it is published in a newspaper of general circulation within the City. The notice shall be published:

(1)

At least 15 days prior to a public hearing being held before the Buildings, Safety Engineering, and Environmental Department; or

(2)

At least 15 days prior to a public hearing being held before the Board of Zoning Appeals; or

(3)

At least 15 days prior to a public hearing being held before the City Planning Commission; or

(4)

At least five days prior to a public hearing being held before the City Council in accordance with Section 4-115(2) of the Charter.

(Code 1984, § 61-3-11; Ord. No. 11-05, § 1(61-3-11), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-11), eff. 12-21-2006)

Any procedure for a public hearing that involves a specific property requires that a notice be posted on the subject property. The applicant shall be responsible for posting the notice on signs which are approved by the City and for placing the signs on the property that is the subject of the application in a manner which makes them clearly visible to neighboring residents and passersby from each adjacent street. Required signs shall be posted according to the same timetable for published notice as provided for in Section 50-3-10 of this Code. The applicant shall be responsible for ensuring that the signs remain in place during the period which leads up to the public hearing, and for removing the signs within three days after the hearing. The provisions of this section do not apply to public hearings for text amendments as provided for in Division 2 of this article. The procedure for posting notices for multi-lot and/or multi-block rezonings shall be delineated in administrative rules that are promulgated by the City Planning Commission in accordance with Section 2-111 of the Charter.

(Code 1984, § 61-3-12; Ord. No. 11-05, § 1(61-3-12), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-12), eff. 10-16-2014)

Minor defects in a notice shall not impair the notice or invalidate proceedings pursuant to the notice where a bona fide attempt has been made to comply with applicable notice requirements. Failure of a party to receive written notice shall not invalidate any subsequent action. In all cases, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing and the location of the subject property shall be strictly construed.

(Code 1984, § 61-3-13; Ord. No. 11-05, § 1(61-3-13), eff. 5-28-2005)

In approving permit applications, the decision-making or review body shall be authorized to impose such reasonable conditions upon the approval as may be necessary to carry out the general purpose and intent of this chapter, provided, that any conditions which are attached to approvals are directly related to the impacts of the proposed development, and are roughly proportional in both extent and amount to the anticipated impacts of the proposed development.

(Code 1984, § 61-3-14; Ord. No. 11-05, § 1(61-3-14), eff. 5-28-2005)

Where appropriate, reasonable conditions may be imposed as part of a decision-making body's actions. Conditions shall be deemed reasonable where based on, but not limited to, any one of the following public interests:

(1)

To ensure that public services and facilities which are affected by a proposed land use or activity will be capable of accommodating increased service and facility loads that are caused by the land use or activity;

(2)

To protect the natural environment and conserve natural resources and energy and to protect against unreasonable exposures of people to environmental contaminants;

(3)

To ensure compatibility with uses of land in the immediate vicinity; and

(4)

To promote the use of land in a socially and economically beneficial manner.

(Code 1984, § 61-3-15; Ord. No. 11-05, § 1(61-3-15), eff. 5-28-2005)

Reasonable conditions that are imposed shall do all of the following:

(1)

Be designed to protect:

a.

Natural resources;

b.

The social and economic well-being of those who will use the land use or activity under consideration;

c.

Landowners, residents, and occupants immediately adjacent to, or across an alley from, the proposed land use or activity; and

d.

The health, safety, welfare of the community as a whole;

(2)

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity;

(3)

Be necessary to meet the intent and purpose of this chapter; and

(4)

Be related to the standards which are established in this chapter for the land use or activity under consideration, including the use regulations that are contained in Article XII, Divisions 2 and 3, of this chapter, and that are necessary to ensure compliance with those standards.

(Code 1984, § 61-3-16; Ord. No. 11-05, § 1(61-3-16), eff. 5-28-2005)

Where a petition for a proposed text or map amendment to this chapter is not voted upon by the City Council within 120 days of the time of receipt of the City Planning Commission's report, it shall be deemed to have been denied, unless extended by the City Council. The City Council's receipt of the City Planning Commission report occurs on the first day that the report appears on the City Council's formal agenda.

(Code 1984, § 61-3-17; Ord. No. 11-05, § 1(61-3-17), eff. 5-28-2005; Ord. No. 37-17, § 1(61-3-17), eff. 2-6-2018)

(a)

The lapse of approval time frames that are established by the procedures of this article may be extended only where the following conditions exist:

(1)

The provisions of this article must expressly allow the extension;

(2)

An extension request must be filed prior to the applicable lapse-of-approval deadline; and

(3)

The extension request must be filed in a form which is established by the official responsible for accepting the application.

(b)

The review or decision-making body, or its designee, must determine that the scope and details of the proposal have not changed since the time the application was originally approved.

(Code 1984, § 61-3-18; Ord. No. 11-05, § 1(61-3-18), eff. 5-28-2005)

Where a development proposal requires approval of either a site plan or a conditional land use grant and also a variance, the applicant shall proceed through the former process first, and shall seek the variance only after obtaining the first approval from the applicable decision-making body, which is the Buildings, Safety Engineering, and Environmental Department for conditional land use grants, or the Planning and Development Department or City Council for site plans. This provision shall not affect the ability of the appropriate body to grant administrative adjustments, pursuant to Article IV, Division 6, of this chapter. (See also Section 50-3-269 of this Code.)

(Code 1984, § 61-3-19; Ord. No. 11-05, § 1(61-3-19), eff. 5-28-2005)

Unless otherwise specified in this chapter or the Charter, a decision on a conditional land use application, controlled use or regulated use application that is made pursuant to this article shall not become effective, or any permit be issued, until the expiration of 14 days from the date of entry of such decision, during which time the decision may be appealed to the Board of Zoning Appeals.

(Code 1984, § 61-3-20; Ord. No. 11-05, § 1(61-3-20), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-20), eff. 10-16-2014)

Unless otherwise specified in this chapter or the Charter, permits that are issued pursuant to this article are effective immediately.

(Code 1984, § 61-3-21; Ord. No. 11-05, § 1(61-3-21), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-21), eff. 10-16-2014)

No decision by the Board of Zoning Appeals shall be effective until the date of entry.

(Code 1984, § 61-3-22; Ord. No. 11-05, § 1(61-3-22), eff. 5-28-2005)

Zoning chapter text and map amendments shall become effective on the effective date of the amendatory ordinance provided in MCL 125.3401(6) and by Section 4-118 of the Charter.

(Code 1984, § 61-3-23; Ord. No. 11-05, § 1(61-3-23), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-23), eff. 10-16-2014)

Unless otherwise specified by this chapter or by the Charter, no decision of the Buildings, Safety Engineering, and Environmental Department shall be deemed "entered" until reduced to writing by incorporating the findings of fact that are made by the Department, filed in the official records of the Department, and mailed to the applicant and all persons who responded to the notice that was sent pursuant to this article or who registered to appear at any public hearings held on the application.

(Code 1984, § 61-3-24; Ord. No. 11-05, § 1(61-3-24), eff. 5-28-2005; Ord. No. 24-08, § 1(61-3-24), eff. 11-1-2008; Ord. No. 38-14, § 1(61-3-24), eff. 10-16-2014)

Where a permit has been issued, such permit shall become invalid where a Certificate of Occupancy has not been issued within six months after the issuance of the permit or where the authorized use or work is suspended or abandoned for a period of six months after the time the work is commenced. The Building Official shall send a written notice of the termination to the owner of the property, and, if different from the owner, a copy to the permit holder. The Building Official is authorized to grant, in writing, one or more extensions of time for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

(Code 1984, § 61-3-25; Ord. No. 11-05, § 1(61-3-25), eff. 5-28-2005; Ord. No. 32-13, § 1(61-3-25), eff. 12-21-2013)

Within six months of the authorization of a land use grant, an applicant may request, in writing, that the Buildings, Safety Engineering, and Environmental Department extend the term of the grant beyond six months. The Buildings, Safety Engineering, and Environmental Department may, after written notification to the Board of Zoning Appeals, and where applicable, without need for a public hearing, extend the six-month deadline for obtaining permits to no more than 12 months beyond the expiration date of the original six months.

(Code 1984, § 61-3-27; Ord. No. 11-05, § 1(61-3-27), eff. 5-28-2005; Ord. No. 32-13, § 1(61-3-27), eff. 12-21-2013)

No additional extension shall be authorized, unless a new application has been filed and, where applicable, a further public hearing has been held.

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

The City has adopted a number of specific plans, neighborhood plans and redevelopment area plans that provide both design and land use guidelines or regulations for individual planning areas. Where projects are proposed within these plan study areas, the plan document shall be consulted and all standards and regulations shall be followed. Guidelines or comments of an advisory nature within the plan with respect to design or other issues shall be followed to the maximum extent practicable.

(Code 1984, § 61-3-29; Ord. No. 11-05, § 1(61-3-29), eff. 5-28-2005)

Wherever it is deemed desirable in order to meet the public need, promote the general welfare, conform with good zoning practice, and adhere to the guiding principles and intent of the Detroit Master Plan of Policiesand this chapter, after report thereon by the City Planning Commission and subject to the procedures set forth in this division, the City Council may amend, repeal, or add provisions in this chapter by passage of an ordinance.

(Code 1984, § 61-3-51; Ord. No. 11-05, § 1(61-3-51), eff. 5-28-2005)

Notwithstanding the provisions of Section 50-3-3 of this Code, any petition for amendment of the text of this chapter shall be filed with the City Clerk in such form and accompanied by such information as required by the City Planning Commission. Any person may petition to amend the text of this chapter. (See Figure 50-3-42.)

Figure 50-3-42
(For Informational Purposes Only)
Zoning Ordinance Text Amendments

(Code 1984, § 61-3-52; Ord. No. 11-05, § 1(61-3-52), eff. 5-28-2005)

The City Planning Commission staff shall review each proposed text amendment of this chapter in light of the approval criteria of Section 50-3-49 of this Code and, as deemed necessary, distribute the application to other reviewers. Based on the results of those reviews, the City Planning Commission staff shall provide a report to the City Planning Commission.

(Code 1984, § 61-3-53; Ord. No. 11-05, § 1(61-3-53), eff. 5-28-2005)

(a)

As provided for in the Michigan Zoning Enabling Act, being MCL 125.3101 et seq., the City Planning Commission shall hold a public hearing on any text amendment.

(b)

As provided for in Section 4-115 of the Charter, the City Council shall hold a public hearing on any text amendment.

(c)

The hearings shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the respective bodies shall prescribe by rule.

(d)

Any text amendment shall become effective in accordance with MCL 125.3401(6) and Section 4-118 of the Charter.

(Code 1984, § 61-3-54; Ord. No. 11-05, § 1(61-3-54), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-54), eff. 12-21-2006; Ord. No. 24-08, § 1(61-3-54), eff. 11-1-2008; Ord. No. 38-14, § 1(61-3-54), eff. 10-16-2014)

Notice of public hearings on text amendments of this chapter shall be published and mailed in accordance with Section 50-3-7 of this Code. As deemed appropriate, the City Planning Commission or City Clerk may give additional notice of the hearings.

(Code 1984, § 61-3-55; Ord. No. 11-05, § 1(61-3-55), eff. 5-28-2005)

The Planning and Development Department is authorized to review any text amendment of this chapter and present comments and recommendations to the City Planning Commission and City Council on the proposed amendment. Where applicable, such comments and recommendations may include, but not be limited to, whether the proposed amendment is consistent with the Master Plan.

(Code 1984, § 61-3-56; Ord. No. 11-05, § 1(61-3-56), eff. 5-28-2005)

After holding a public hearing on the proposed text amendments of this chapter, the City Planning Commission shall review each petition for a text amendment of this chapter in light of the approval criteria of Section 50-3-49 of this Code, and shall recommend that the City Council approve, approve with conditions, or deny the petition.

(Code 1984, § 61-3-57; Ord. No. 11-05, § 1(61-3-57), eff. 5-28-2005)

After holding a public hearing on the proposed text amendments of this chapter, the City Council shall act to approve or deny the proposed amendment, based on the approval criteria of Section 50-3-49 of this Code. In accordance with Section 4-108 of the Charter, no proposed amendment shall be passed except by a majority vote of the Council members present. Where a petition for a proposed text amendment of this chapter is not acted upon by the City Council within 120 days of the time of receipt of the City Planning Commission's report, it shall be deemed to have been denied, unless extended by the Council.

(Code 1984, § 61-3-58; Ord. No. 11-05, § 1(61-3-58), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-58), eff. 10-16-2014)

Recommendations and decisions on all proposed text amendments of this chapter shall be based on the following criteria:

(1)

Whether the proposed amendment is consistent with the stated purposes of this chapter;

(2)

Whether the proposed amendment will protect the health, safety, or general welfare of the public; and

(3)

Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend or fact.

(Code 1984, § 61-3-59; Ord. No. 11-05, § 1(61-3-59), eff. 5-28-2005)

In addition to the general approval criteria, recommendations and decisions on amendments to add specific land uses to a zoning district shall be based on whether the proposed land use may be addressed in another, more appropriate, fashion.

(Code 1984, § 61-3-60; Ord. No. 11-05, § 1(61-3-60), eff. 5-28-2005)

In addition to the general approval criteria, recommendations and decisions on text amendments of this chapter to add additional regulations or standards shall be based on the following criteria:

(1)

Whether the problem or issue the proposed amendment is intended to address may be addressed in another, more appropriate, fashion; and

(2)

Whether the proposed amendment is easily enforceable.

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

Wherever it is deemed desirable in order to meet the public need, promote the general welfare, conform with good zoning practice and adhere to the guiding principles and intent of the Detroit Master Plan of Policies and this chapter, after a report thereon by the City Planning Commission and subject to the procedures set forth in this division, the City Council may amend, repeal, or add by passage of an ordinance, the district boundaries or classification of property that is established by this chapter.

(Code 1984, § 61-3-71; Ord. No. 11-05, § 1(61-3-71), eff. 5-28-2005)

Applicants are encouraged to attend a pre-application meeting with the City Planning Commission and Planning and Development Department before filing a petition for amendment of a zoning map in Article XVII of this chapter. (See Figure 50-3-62.)

Figure 50-3-62
(For Informational Purposes Only)
Map Amendments (Rezonings)

(Code 1984, § 61-3-72; Ord. No. 11-05, § 1(61-3-72), eff. 5-28-2005)

(a)

Generally. The City Council, the City Planning Commission, other City agencies, the property owner, or any person, firm, organization, or corporation with an interest in a property may initiate a zoning map amendment for the property. Petition for amendments of a zoning map in Article XVII of this chapter, by parties other than City agencies, shall be filed with the City Clerk on a form that is provided by the City Planning Commission and accompanied by such information that is required by this chapter. The Clerk shall forward all petitions to the City Planning Commission and the Planning and Development Department. Community organizations that are registered with the Buildings, Safety Engineering, and Environmental Department and with Citizens' District Councils are authorized to petition the rezoning of any land within their boundaries.

(b)

Ineligibility for application; exceptions. Pursuant to Section 406(2) of the Michigan Zoning Enabling Act, being MCL 125.3406(2), a person is ineligible to apply for a rezoning where the person is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the Blight Administrative Hearings Bureau under Chapter 3, Article II, of this Code, Enforcement of Blight Violations. This ineligibility does not apply to an applicant for a zoning authorization if the applicant became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure as provided for in Section 406(3) of the Michigan Zoning Enabling Act, being MCL 125.3406(3). Further, this ineligibility does not apply if the zoning authorization will correct, in whole or in part, the blight violation that was the subject of the delinquent payment.

(Code 1984, § 61-3-73; Ord. No. 11-05, § 1(61-3-73), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-73), eff. 10-16-2014)

The City Planning Commission staff shall review each proposed amendment of a zoning map in Article XVII of this chapter in light of the approval criteria in Section 50-3-70 of this Code and, as deemed necessary, distribute the application to other reviewers. Based on the results of those reviews, the City Planning Commission staff shall provide a report to the City Planning Commission.

(Code 1984, § 61-3-74; Ord. No. 11-05, § 1(61-3-74), eff. 5-28-2005)

No amendment of a zoning map in Article XVII of this chapter shall become effective until approved as to form by the Law Department or such approval is waived by the Rules and Procedures of the City Council, and the City Planning Commission and the City Council have each held a public hearing at a time and place to be determined by the respective bodies, and the ordinance is published in accordance with Section 4-118 of the Charter and the provisions of MCL 125.3401(6). The hearings shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the respective bodies shall prescribe by rule or bylaws.

(Code 1984, § 61-3-75; Ord. No. 11-05, § 1(61-3-75), eff. 5-28-2005; Ord. No. 24-08, § 1(61-3-75), eff. 11-1-2008; Ord. No. 38-14, § 1(61-3-75), eff. 10-16-2014)

Notice of a public hearing on an amendment of a zoning map in Article XVII of this chapter shall be published, mailed, and posted in accordance with Section 50-3-7 through Section 50-3-11 of this Code. As deemed appropriate, the City Planning Commission or the City Clerk may give additional notice of the hearing.

(Code 1984, § 61-3-76; Ord. No. 11-05, § 1(61-3-76), eff. 5-28-2005)

After holding a public hearing on the proposed amendment of a zoning map in Article XVII of this chapter, the City Planning Commission shall review each petition for the amendment in light of the approval criteria in Section 50-3-70 of this Code and shall recommend that the City Council approve or deny the petition.

(Code 1984, § 61-3-77; Ord. No. 11-05, § 1(61-3-77), eff. 5-28-2005)

The Planning and Development Department is authorized to review a petition for an amendment of a zoning map in Article XVII of this chapter, and to comment on such petitions to the City Planning Commission and the City Council, with particular focus upon the consistency of the petitions with the Master Plan.

(Code 1984, § 61-3-78; Ord. No. 11-05, § 1(61-3-78), eff. 5-28-2005)

(a)

After holding a public hearing on a proposed amendment of a zoning map in Article XVII of this chapter, the City Council may approve the proposed amendment by passage of an ordinance, based on the approval criteria of Section 50-3-70 of this Code.

(b)

No proposed amendment may be approved except by a majority vote of the City Council or a three-fourths vote of the City Council where a valid protest petition has been filed. Protest petitions are addressed in Section 50-3-71 of this Code.

(c)

When a petition for a proposed amendment of a zoning map in Article XVII of this chapter is approved by the City Council and the notice of enactment is published, the ordinance becomes effective in accordance with Section 401(6) of the Michigan Zoning Enabling Act, being MCL 125.3401(6), and Section 4-118 of the 2012 Detroit City Charter.

(d)

Where a petition for a proposed amendment of a zoning map in Article XVII of this chapter is not acted upon by the City Council within 120 days of the date of receipt of the City Planning Commission's report, it shall be deemed to have been denied, unless extended by the City Council. The City Council's receipt of the City Planning Commission report occurs on the first day that the report appears on the City Council's formal agenda.

(e)

Where City Council denies a petition for a proposed amendment to a zoning map prior to the expiration of 120 days of the date of receipt of the City Planning Commission's report, the Body may do so by adoption of a resolution.

(Code 1984, § 61-3-79; Ord. No. 11-05, § 1(61-3-79), eff. 5-28-2005; Ord. No. 37-17, § 1(61-3-79), eff. 2-6-2018; Ord. No. 18-18, § 1(61-3-79), eff. 8-30-2018)

Recommendations and decisions on an amendment of a zoning map in Article XVII of this chapter shall be based on consideration of all of the following criteria:

(1)

Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend or fact;

(2)

Whether the proposed amendment is consistent with the Master Plan and the stated purposes of this chapter;

(3)

Whether the proposed amendment will protect the health, safety, and general welfare of the public;

(4)

Whether the City and other service providers will be able to provide adequate public facilities and services to the subject property, while maintaining adequate levels of service to existing development;

(5)

Whether the proposed rezoning will have significant adverse impacts on the natural environment, including air, water, soil, wildlife, and vegetation and with respect to anticipated changes in noise and regarding stormwater management;

(6)

Whether the proposed amendment will have significant adverse impacts on other property that is in the vicinity of the subject tract;

(7)

The suitability of the subject property for the existing zoning classification and proposed zoning classification; and

(8)

Whether the proposed rezoning will create an illegal "spot zone."

(Code 1984, § 61-3-80; Ord. No. 11-05, § 1(61-3-80), eff. 5-28-2005)

In the event a written protest against a proposed amendment of a zoning map in Article XVII of this chapter is duly signed:

(1)

By either the owners of at least 20 percent of the area of land included in the proposed change, excluding public land; or

(2)

The owners of at least 20 percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change, excluding public land, and is presented to the City Council, through the City Clerk, before the final legislative action on the amendment, then such amendment shall not be passed except by a three-fourths vote of the City Council.

(Code 1984, § 61-3-81; Ord. No. 11-05, § 1(61-3-81), eff. 5-28-2005)

Petitions that request a rezoning to a Planned Development District classification, as described in Article XI, Division 2, of this chapter, shall be submitted in accordance with the general procedures for amendment of a zoning map in Article XVII of this chapter which are set forth in Division 3 of this article. In addition, the procedures that are set forth in Section 50-3-92 through Section 50-3-95 of this Code shall be followed as appropriate to each specific case.

(Code 1984, § 61-3-91; Ord. No. 11-05, § 1(61-3-91), eff. 5-28-2005)

Developers are advised to confer with the City Planning Commission and Planning and Development Department to ensure compliance with this Code before investing large amounts of time and money in preparing plans and proposals.

(Code 1984, § 61-3-92; Ord. No. 11-05, § 1(61-3-92), eff. 5-28-2005)

The City Planning Commission shall develop a policy statement for PD plan approval to guide prospective developers in accordance with the objectives of this specialized district, and shall provide for adequate publication and circulation of this policy statement.

(Code 1984, § 61-3-93; Ord. No. 11-05, § 1(61-3-93), eff. 5-28-2005)

(a)

For all areas other than district areas established in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, for urban renewal, all petitions that request rezoning to a Planned Development District classification shall be accompanied by a site plan, elevations, and other data which are in sufficient detail to permit the City Planning Commission to review the proposed development to the degree that is specified in Commission regulations which are required under this section.

(b)

Pursuant to Section 406(2) of the Michigan Zoning Enabling Act, being MCL 125.3406(2), a person is not eligible to apply for a rezoning to a Planned Development District classification where the person is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the Blight Administrative Hearings Bureau under Chapter 3, Article II, of this Code, Enforcement of Blight Violations. This ineligibility does not apply to an applicant for a zoning authorization if the applicant became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure as provided for in Section 406(3) of the Michigan Zoning Enabling Act, being MCL 125.3406(3). Further, this ineligibility does not apply if the zoning authorization will correct, in whole or in part, the blight violation that was the subject of the delinquent payment.

(c)

The site plan, building elevations, and other development proposals, including proposed uses, must be reviewed by the City Planning Commission and the Planning and Development Department and approved by the City Council.

(d)

All petitions that request rezoning to a Planned Development District classification, for all areas other than district areas established in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, for urban renewal, shall be consistent with the Master Plan of Policies and in accordance with the provisions which are specified in Article XI, Division 2, of this chapter.

(e)

Upon approval by the City Council of the zoning map amendment, the site plan, building elevations, and other development proposals, including proposed uses, shall become an integral part of the zoning map amendment.

(f)

All approved plans and development proposals shall be filed with the City Planning Commission and the Buildings, Safety Engineering, and Environmental Department and recorded with the County Register of Deeds.

(g)

Planned developments are subject to site plan review as provided for in Section 50-3-113(8) of this Code.

(h)

See Figure 50-3-94.

Figure 50-3-94
(For Informational Purposes Only)
Planned Developments
(Outside District Areas for Urban Renewal)

(Code 1984, § 61-3-94; Ord. No. 11-05, § 1(61-3-94), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-94), eff. 10-16-2014)

(a)

In district areas established in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, for urban renewal, the land use and development plan and the Declaration of Restrictions, which indicate uses, setbacks and other specifications, shall be filed with the petition for rezoning to a Planned Development District classification.

(b)

Upon approval by the City Council, the Development Plan adopted in accordance with Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, for urban renewal in a district area shall constitute the Planned Development District regulations and shall be recorded with the County Register of Deeds.

(c)

Ultimate development of a district area, or parcel thereof, shall conform in all respects to the Development Plan, except as may have been authorized as a minor deviation by the Board of Zoning Appeals in accordance with Section 50-2-74 and Section 50-4-2 of this Code, and, in addition, shall be subject to site plan review as described in Division 5, of this article.

(Code 1984, § 61-3-95; Ord. No. 11-05, § 1(61-3-95), eff. 5-28-2005; Ord. No. 34-11, § 1(61-3-95), eff. 12-22-2011)

In addition to the approval criteria for zoning chapter map amendments that are set forth in Section 50-3-70 of this Code, approvals of planned developments shall be based on consideration of the following criteria:

(1)

Whether the subject site:

a.

Covers a minimum of two acres of contiguous land under the control of one owner or group of owners, except, that upon determining that an adequate development can be accomplished on a parcel of lesser size, the City Planning Commission may waive this requirement; and

b.

Is capable of being planned and developed as one integral unit, except in unusual circumstances;

(2)

That no other zoning district classification would be more appropriate.

(3)

That the development will result in a recognizable and substantial benefit to the ultimate users of the project and to the City, where such benefits would otherwise be unfeasible or unlikely to be achieved. The benefits can be accomplished through a higher quality unified design that would be required by the typical regulations of this chapter. These benefits shall be demonstrated in terms of preservation of natural features, unique architecture, extensive landscaping, special sensitivity to land uses in the immediate vicinity, particularly well-designed access and circulation systems, and/or integration of various site features into a unified development;

(4)

Whether the location of the proposed Planned Development District is appropriate;

(5)

Whether the proposed planned development substantially responds to the intent of Section 503 of the Michigan Zoning Enabling Act, being MCL 125.3503, to:

a.

Permit flexibility in the regulation of land development;

b.

Encourage innovation in land use and variety in design, layout, and type of structures constructed;

c.

Achieve economy and efficiency in the use of land, natural resources, energy, and the providing of public services and utilities, encourage useful open space; and

d.

Provide better housing, employment, and shopping opportunities that are particularly suited to the needs of the residents;

(6)

That the proposed type and density of use shall not result in an unreasonable increase in traffic or the use of public services, facilities and utilities, that the natural features of the subject site have the capacity to accommodate the intended development, and that the development shall not place an unreasonable burden upon surrounding land or land owners;

(7)

That the proposed planned development is consistent with the Master Plan, as determined by the Planning and Development Department;

(8)

Whether uses and structures that are planned for the Planned Development District comply with all applicable site design standards and use regulations which are specified in Article XI, Division 2, of this chapter.

(Code 1984, § 61-3-96; Ord. No. 11-05, § 1(61-3-96), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-96), eff. 12-21-2006)

All approved site plans, elevations, and other development proposals, including proposed uses, may be amended, pursuant to the same procedure and subject to the same limitations and requirements by which said plans and proposals were initially approved, provided, that minor changes may be permitted by the City Planning Commission, or its staff, where consistent with its bylaws, subject to a finding that such change will not cause any of the following:

(1)

A change in character of the development; or

(2)

An increase in the ratio of gross floor area to zoning lot area in excess of five percent; or

(3)

An increase in coverage by structure, unless justified by changes in other factors; or

(4)

A reduction in approved open space or off-street parking and loading space, unless justified by changes in other factors; or

(5)

The creation of, or increase in, injurious effects to land uses that are in the immediate vicinity; or

(6)

The establishment of a medical marijuana facility or adult-use marijuana establishment.

(Code 1984, § 61-3-97; Ord. No. 11-05, § 1(61-3-97), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-97), eff. 10-16-2014; Ord. No. 2023-29, § 1, eff. 8-10-2023)

The authorization for a planned development shall lapse and be of no further effect:

(1)

Upon the abandonment of a particular project that is approved under this division; or

(2)

Three years from the effective date of approval of a planned development where the planned development has not been completed; or

(3)

Upon the expiration of any extension of time that is granted by the City Planning Commission.

Where one of these conditions exists, the City Council shall act to rezone the property to the zoning district classification which existed immediately prior to the time of rezoning to planned development, or to another zoning district classification as deemed appropriate.

(Code 1984, § 61-3-98; Ord. No. 11-05, § 1(61-3-98), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-98), eff. 12-21-2006)

The procedures of this division shall apply to development in the PC and PCA Districts and are intended to ensure that the exterior appearance and function of any building or other development in or near the downtown Civic Center and Cultural Center are compatible with and complementary to the central urban core.

(Code 1984, § 61-3-181; Ord. No. 11-05, § 1(61-3-181), eff. 5-28-2005)

This division provides for review and approval by the City Council of the exterior design, appearance and location of all development in a PC or PCA District. In addition, this division requires that the City Planning Commission and the Planning and Development Department prepare a written recommendation prior to City Council action regarding any project within a PC or PCA District.

(Code 1984, § 61-3-182; Ord. No. 11-05, § 1(61-3-182), eff. 5-28-2005; Ord. No. 13-11, § 1(61-3-182), eff. 8-23-2011)

Even though a project may be competently designed from the perspective of the owners and of future tenants and users, it is the duty of the City Planning Commission and the City Council to ensure that the project also conforms to the City's planning objectives and policies, complements surrounding development and the Public Center, and that any negative impacts of the project on adjacent areas and the general public are minimized.

(Code 1984, § 61-3-183; Ord. No. 11-05, § 1(61-3-183), eff. 5-28-2005)

As provided for in Section 50-3-152 of this Code, all permit applications, related to the PC and PCA Districts that are subject to site plan review, shall be reviewed by City Council, upon receipt of a recommendation from the City Planning Commission which was made in consultation with the Planning and Development Department. Permit applications related to the PC and PCA Districts, for which site plan review is not applicable as provided for in Section 50-3-113 of this Code, shall be subject to a less extensive review as provided for in Section 50-3-225 of this Code.

(Code 1984, § 61-3-184; Ord. No. 11-05, § 1(61-3-184), eff. 5-28-2005)

Whether or not site plan review is required for a project in the PC and PCA Districts, the exterior design, appearance, and location of any proposed building, or exterior alteration of any existing building, structure, or premises, or part thereof, including any exterior signs, and parking, loading or unloading areas, shall be reviewed by the City Planning Commission and the Planning and Development Department. Such review is to ensure harmony with the Public Center and for consistency with the spirit, intent, and purpose of this chapter. Said review shall be conducted in accordance with the criteria specified for the PC District in Section 50-11-67 of this Code and for the PCA District in Section 50-11-97 of this Code.

(Code 1984, § 61-3-185; Ord. No. 11-05, § 1(61-3-185), eff. 5-28-2005)

(a)

Where special district review involves a project that is subject to site plan review, the applicant shall submit such information as is required for site plan review in Division 5, Subdivision B, of this article.

(b)

Where special district review involves a project that is not subject to site plan review, the applicant shall submit 11 copies of preliminary architectural plans of the proposed development showing external appearance, general functions and site planning details. Also required for major developments is a model and/or one or more renderings of the proposed development where applicable. Such plans and maps are to be fully dimensional and must include the following information:

(1)

Survey indicating existing on-site utility easements and installation locations, public rights-of-way and any other significant features or development constraints;

(2)

Outline of subject parcel with all adjacent and abutting public right-of-way lines;

(3)

Layout and configuration of all buildings and their use presently existing on the subject parcel as well as those within 100 feet of the subject parcel;

(4)

Layout and configuration of all proposed buildings and existing buildings to remain on the subject parcel and their uses;

(5)

Layout and configuration of proposed parking areas, access roads, and screening, as well as vehicular and pedestrian circulation patterns within and adjacent to the site;

(6)

Sign locations and details;

(7)

Landscaping plan indicating caliper (existing caliper or caliper at time of planting), species and location of such, and indicating which are existing and which are to be planted;

(8)

Location and design of street furniture, outdoor lighting fixtures, landscape structures, artwork, and/or other amenities;

(9)

Location of alleys and/or streets to be vacated and/or dedicated;

(10)

Location of all outside trash or rubbish storage areas, loading and servicing areas and mechanical and electrical equipment;

(11)

Location and type of any walls, fences or other barricades;

(12)

Major elevations and plans of all proposed buildings, indicating the exterior materials to be used, architectural features, colors and textures;

(13)

Any other information needed to demonstrate compliance with the design criteria listed herein.

(Code 1984, § 61-3-186; Ord. No. 11-05, § 1(61-3-186), eff. 5-28-2005)

A written report shall be forwarded by the City Planning Commission and Planning and Development Department to the City Council recommending approval or disapproval of the permit application and recommending any changes that are deemed necessary to ensure conformity with the spirit, intent, and purpose of the PC or PCA District. In each case, the City Council shall approve, disapprove, or adjust said recommendation through adoption of a resolution.

(Code 1984, § 61-3-187; Ord. No. 11-05, § 1(61-3-187), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

(a)

Pursuant to Section 141(1) of the Michigan Condominium Act, being MCL 559.241(1), all condominium projects and condominium subdivision plans shall be reviewed and approved by the Planning and Development Department.

(b)

Pursuant to Section 141(2) of the Michigan Condominium Act, being MCL 559.241(2), this division does not apply to condominium conversion projects.

(Code 1984, § 61-3-331; Ord. No. 11-05, § 1(61-3-331), eff. 5-28-2005)

All condominium subdivisions shall be developed in accordance with all substantive provisions of Chapter 24 of this Code, Land Division and Subdivision, even where the resulting condominium subdivision will not involve the creation of new recorded parcels of land. In addition, all condominium projects and condominium subdivisions shall comply with the following requirements:

(1)

All condominium units, including site condominiums, and related accessory structures shall comply with all the use, size, height, setback, parking and area requirements of this chapter, unless such standards are modified through the applicable approval process;

(2)

The condominium subdivision shall provide for dedication of easements to the appropriate public agencies for the purposes of construction, operation, maintenance, inspection, repair, alteration, replacement and/or removal of pipelines, conduits, mains and other installations of a similar character for the purpose of providing public utility services, including conveyance of sewage, potable water and stormwater runoff across, through and under the property subject to said easement, and excavation and refilling of ditches and trenches necessary for the location of such installations; and

(3)

All provisions of the condominium project or condominium subdivision plan which are approved by the City shall be incorporated, as approved, in the master deed for the condominium subdivision. Any proposed changes, including expansion or conversion of a condominium project to include additional land, to the approved condominium subdivision plan shall be subject to review and approval by the City.

(Code 1984, § 61-3-332; Ord. No. 11-05, § 1(61-3-332), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

All condominium subdivision plans shall be submitted to the Buildings, Safety Engineering, and Environmental Department for review and approval by the Planning and Development Department through the site plan review process. During final site plan review, detailed engineering plans for site improvements and condominium documents shall be submitted for review and approval. (See Figure 50-3-483.)

Figure 50-3-483
(For Informational Purposes Only)
Condominium Subdivisions

(Code 1984, § 61-3-333; Ord. No. 11-05, § 1(61-3-333), eff. 5-28-2005)

All condominium subdivision plans shall include the information that is required by the City's site plan review process, Section 66 of the Michigan Condominium Act, being MCL 559.166, and Chapter 24 of this Code, Land Division and Subdivision.

(Code 1984, § 61-3-334; Ord. No. 11-05, § 1(61-3-334), eff. 5-28-2005)

(a)

Purpose. It is the purpose of this division to regulate sexually-oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually-oriented businesses within the City. The provisions of this division have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually-oriented materials. Similarly, it is neither the purpose nor effect of this division to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment of the United States Constitution or by Article I, Section 5, of the Michigan Constitution, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the purpose nor effect of this division to condone or legitimize the distribution of obscene material.

(b)

Findings and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the City Council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton vZJ Gifts D-4, LLC, 541 US 774 (2004); City of Los Angeles vAlameda Books Inc, 535 U.S. 425 (2002); City of Erie vPap's AM, 529 US 277 (2000); City of Renton vPlaytime Theatres, Inc, 475 US 41 (1986); Young vAmerican Mini Theatres, 427 US 50 (1976); Barnes vGlen Theatre, Inc, 501 US 560 (1991); California vLaRue, 409 US 109 (1972); NY State Liquor Authority vBellanca, 452 US 714 (1981); Sensations, Inc vCity of Grand Rapids, 526 F3d 291 (6th Cir. 2008); Deja Vu of Nashville, Inc v Metropolitan Gov't of Nashville and Davidson County, 466 F3d 391 (6th Cir. 2006); Deja Vu of Cincinnati, LLC vUnion Township Bd Of Trustees, 411 F3d 777 (6th Cir. 2005) (en banc); Fantasy Ranch, Inc vCity of Arlington, 459 F3d 546 (5th Cir. 2006); City of Chicago vPooh Bah Enterprises, Inc, 865 NE2d 133 (Ill. 2006); Andy's Restaurant & Lounge Inc vCity of Gary, 466 F3d 550 (7th Cir. 2006); 181 South Inc vFischer, 454 F3d 228 (3rd Cir. 2006); Bronco's Entertainment Ltd vCharter Twp of Van Buren, 421 F3d 440 (6th Cir. 2005); Charter Twp of Van Buren v Garter Belt Inc, 258 Mich App 594 (2003); Jott Inc vClinton Twp, 224 Mich App 513 (1997); Michigan ex rel Wayne County Prosecutor vDizzy Duck, 449 Mich 353 (1995); ZJ Gifts D-2 LLC vCity of Aurora, 136 F3d 683 (10th Cir. 1998); ILQ Investments, Inc. vCity of Rochester, 25 F3d 1413 (8th Cir. 1994); Little Mack Entm't II, Inc vTwp of Marengo, 2008 WL 2783252 (WD Mich. July 17, 2008); Kentucky Restaurant Concepts Inc vCity of Louisville, 209 F Supp 2d 672 (WD Ky. 2002); Restaurant Ventures vLexington-Fayette Urban County Gov't, 60 SW3d 572 (Ky. Ct. App. 2001); Deja Vu of Nashville Inc et al. vMetropolitan Government of Nashville and Davidson County, 274 F3d 377 (6th Cir. 2001); Ctr. for Fair Public Policy vMaricopa County, 336 F3d 1153 (9th Cir. 2003); Bigg Wolf Discount Video Sales Inc vMontgomery County, 256 F Supp 2d 385 (D. Md. 2003); DLS Inc vCity of Chattanooga, 107 F3d 403 (6th Cir. 1997); Brandywine Inc vCity of Richmond, 359 F3d 830 (6th Cir. 2004); Currence vCity of Cincinnati, 28 Fed. Appx. 438 (6th Cir. Jan. 24, 2002); Broadway Books vRoberts, 642 F Supp 486 (ED Tenn. 1986); Bright Lights Inc v City of Newport, 830 F Supp 378 (ED Ky. 1993); Bamon Corp vCity of Dayton, 923 F2d 470 (6th Cir. 1991); Triplett Grille Inc vCity of Akron, 40 F3d 129 (6th Cir. 1994); O'Connor vCity and County of Denver, 894 F2d 1210 (10th Cir. 1990); Threesome Entertainment v Strittmather, 4 F Supp 2d 710 (ND Ohio 1998); Lady J Lingerie Inc vCity of Jacksonville, 176 F3d 1358 (11th Cir. 1999); In re Tennessee Public Indecency Statute, 172 F3d 873 (6th Cir. Jan. 13 1999)(table); World Wide Video of Washington Inc vCity of Spokane, 368 F3d 1186 (9th Cir. 2004); Ben's Bar Inc vVillage of Somerset, 316 F3d 702 (7th Cir. 2003); Daytona Grand Inc vCity of Daytona Beach, 490 F3d 860 (11th Cir. 2007); Williams vMorgan, 478 F3d 1316 (11th Cir. 2007); H&A Land Corp vCity of Kennedale, 480 F3d 336 (5th Cir. 2007); Illinois One News Inc vCity of Marshall, 477 F3d 461 (7th Cir. 2007); GM Enterprises Inc vTown of St. Joseph, 350 F3d 631 (7th Cir. 2003); Richland Bookmart Inc vNichols, 137 F3d 435 (6th Cir. 1998); Spokane Arcade Inc vCity of Spokane, 75 F3d 663 (9th Cir. 1996); City of New York vHommes, 724 NE2d 368 (NY 1999); For the People Theatres of N.Y. Inc vCity of New York, 793 NYS2d 356 (NY App Div 2005); Taylor vState, No. 01-01-00505-CR, 2002 WL 1722154 (Tex App. July 25, 2002); Gammoh vCity of La Habra, 395 F3d 1114 (9th Cir. 2005); ZJ Gifts D-4, LLC vCity of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D Colo March 31, 2001); People ex rel. Deters vThe Lion's Den, Inc, Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants Inc vCity of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (ND Tex. May 26, 2005); Richland Bookmart Inc vKnox County, 555 F3d 512 (6th Cir. 2009); and based upon reports concerning secondary effects occurring in and around sexually-oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; Jackson County, Missouri - 2008; Louisville, Kentucky - 2004; New York, New York Times Square - 1994; Warren, Michigan - 2005; Report of the Minnesota Attorney General's Working Group on the Regulation of Sexually-Oriented Businesses (June 6, 1989), and Detroit, Michigan - 2005-2008, the City Council finds:

(1)

Sexually-oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, noise, traffic, urban blight, litter, and sexual assault and exploitation.

(2)

Sexually-oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually-oriented businesses to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually-oriented businesses in one area.

(3)

Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City's rationale for this division, exists independent of any comparative analysis between sexually-oriented and non-sexually-oriented businesses. Additionally, the City's interest in regulating sexually-oriented businesses extends to preventing future secondary effects of either current or future sexually-oriented businesses that may locate in the City. The City Council finds that the cases and documentation relied on in this division are reasonably believed to be relevant to said secondary effects.

(c)

Adoption and incorporation of findings. The City hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually-oriented businesses, including the judicial opinions and reports related to such secondary effects.

(Code 1984, § 61-3-341; Ord. No. 01-10, § 1(61-3-341), eff. 4-1-2010)

This division applies to all adult uses and sexually-oriented businesses as defined in Article XVI of this chapter.

(Code 1984, § 61-3-342; Ord. No. 01-10, § 1(61-3-342), eff. 4-1-2010)

(a)

The "adult use" land use terms as used in this division are defined in 50-16-111 of this Code.

(b)

With respect to adult uses/sexually-oriented businesses, the following terms have the following meanings:

Characterized by means, for sexually-oriented businesses, describing the essential character or quality of an item. No business shall be classified as a sexually-oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

Floor space means, for sexually-oriented businesses, the floor area inside a sexually-oriented business that is visible or accessible to patrons for any reason, excluding restrooms.

Regularly means, for sexually-oriented businesses, the consistent and repeated doing of an act on an ongoing basis.

(Code 1984, § 61-3-343; Ord. No. 01-10, § 1(61-3-343), eff. 4-1-2010)

(a)

Adult uses are permitted on a by-right basis in the M4 and M5 Districts, subject to the provisions of this division and the use regulations of Section 50-12-412 of this Code.

(b)

The Buildings, Safety Engineering, and Environmental Department shall not approve any request for an adult uses/sexually-oriented business unless the use is located in an M4 or M5 District and on a zoning lot that is at least 1,000 feet from:

(1)

Any land zoned R1, R2, R3, R4, R5, R6, or residential PD;

(2)

Any residentially developed zoning lot in the SD1, SD2, and SD4 Districts;

(3)

Any zoning lot occupied by any elementary, middle, or high school;

(4)

Any zoning lot occupied by any park, playlot, playfield, playground, recreation center, or as defined in Section 50-16-462 of this Code, a youth activity center;

(5)

Any zoning lot occupied by any religious institution identified as exempt by the City Assessor;

(6)

Any zoning lot occupied by another sexually-oriented business; and

(7)

Any zoning lot occupied by any regulated use.

(c)

The Buildings, Safety Engineering, and Environmental Department shall not approve any application for an adult use/sexually-oriented business where the zoning lot of the proposed adult use is located within a Major Corridor Overlay Area or within 100 feet of a designated major corridor, as specified in Section 50-11-402 of this Code.

(d)

The applicant shall submit such documentation as determined appropriate by the Buildings, Safety Engineering, and Environmental Department in order for the Department to determine consistency or nonconsistency with the locational specifications of Subsections (b) and (c) of this section. The Buildings, Safety Engineering, and Environmental Department shall approve or disapprove the permit application within 30 days of the permit having been accepted as complete. Determination of whether the permit application is complete shall be made in accordance with Section 50-3-5 of this Code.

(e)

Any premises, building, or other structure in which a sexually-oriented business is regularly operated or maintained in violation of the standards included and incorporated in this chapter shall constitute a public nuisance and shall be subject to civil abatement proceedings initiated by the City in a court of competent jurisdiction. Any premises, building, or other structure declared by the court to be a public nuisance may be closed for up to one year and the property owner assessed the costs of abatement. Each day that a violation is permitted to exist or occur shall constitute a separate operation or maintenance of the violation.

(Code 1984, § 61-3-344; Ord. No. 01-10, § 1(61-3-344), eff. 4-1-2010)

(a)

Legally established adult uses/sexually-oriented businesses in zoning districts where adult uses/sexually-oriented businesses are not permitted shall be considered legal nonconforming uses but they shall not be expanded, intensified or enlarged in any manner. The Board of Zoning Appeals shall not waive this provision.

(b)

If a nonconforming adult uses/sexually-oriented business is abandoned and its land use rights extinguished, as provided in Section 50-15-31 of this Code, such use may not be reestablished.

(Code 1984, § 61-3-345; Ord. No. 01-10, § 1(61-3-345), eff. 4-1-2010)

Structural alteration of any legally established nonconforming adult use/sexually-oriented business may be permitted by the Board of Zoning Appeals where:

(1)

The proposed structural alteration meets the relevant building, design, and dimensional criteria set forth in this Code; and

(2)

The proposed structural alteration is necessary for the sexually-oriented business to comply with interior configuration requirements set forth in Chapter 5, Article XII, of this Code, Sexually-Oriented Businesses.

(Code 1984, § 61-3-346; Ord. No. 01-10, § 1(61-3-346), eff. 4-1-2010)

The purpose of the site plan review process is to accomplish the following:

(1)

Protect the public health, safety, and welfare;

(2)

Minimize adverse effects upon pedestrian and vehicular traffic;

(3)

Ensure that design is safe, efficient, environmentally sound, aesthetically responsive, and protects properties in the immediate vicinity and the general public;

(4)

Ensure compliance with this chapter, the Master Plan, and other documents that may control development; and

(5)

Provide a consistent and uniform method of review.

(Code 1984, § 61-3-111; Ord. No. 11-05, § 1(61-3-111), eff. 5-28-2005)

Approval of a site plan is a necessary requisite to the building permitting process for land uses which require a site plan review. Applicants who are required, but fail, to receive final site plan approval shall not be able to receive building permits from the Buildings, Safety Engineering, and Environmental Department.

(Code 1984, § 61-3-112; Ord. No. 11-05, § 1(61-3-112), eff. 5-28-2005)

Applications for proposed developments that meet any one or more of the applicability criteria in this section shall be reviewed through the site plan review process. Developments that do not meet any of the applicability criteria in this section shall be reviewed by the Buildings, Safety Engineering, and Environmental Department through its permitting process, provided, that a site plan review is not required for the construction or alteration of an individual single- or two-family dwelling.

(1)

New construction that involves any one of the following:

a.

Any new development that has more than 20,000 square feet of gross floor area, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be 50,000 square feet of gross floor area;

b.

Projects with multiple principal structures on one zoning lot;

c.

Any multiple-family residential or loft development with more than 12 dwelling units;

d.

Site condominium developments;

e.

Projects in a 100-year floodplain;

f.

Any parking structure as defined in Section 50-16-341 of this Code; or

g.

Projects located in the portion of the MKT Market and Distribution District described in Section 50-13-157(a) of this Code.

(2)

Additions or major structural alterations that involve any of the following:

a.

Any development that has not more than 20,000 square feet of gross floor area where the addition or alteration results in a cumulative total of more than 20,000 square feet of gross floor area considering existing floor area and proposed additions, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be 50,000 square feet of gross floor area;

b.

An increase of 25 percent or more in gross square footage to an existing building that contains more than 20,000 square feet of gross floor area, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be 50,000 square feet of gross floor area;

c.

Projects in a 100-year floodplain; or

d.

Projects located in the portion of the MKT Market and Distribution District described in Section 50-13-157(a) of this Code.

(3)

Any development with a lot area of more than one acre in cumulative total considering the existing lot area and any proposed additional lot area, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be three acres.

(4)

Substantial changes in use within any building that has more than 20,000 square feet of gross floor area or of any use with a lot area of more than one acre, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be 50,000 square feet of gross floor area and three acres. For purposes of site plan review, a substantial change in use is one that involves the establishment of a use from one of the major land use classifications that are set out in Article XII of this chapter, which are residential, public/civic/institutional, retail/service/commercial, manufacturing/industrial, and other, where the use immediately preceding the new use was from a different major land use classification.

(5)

Any conditional, regulated, or controlled land use and any case before the Board of Zoning Appeals as the body of first jurisdiction.

(6)

Any use that has drive-up or drive-through facilities or a walk-up component.

(7)

Projects within any PD, SD1, SD2, SD3 or SD5 District, provided, that, in the SD1, SD2, SD3 and SD5 Districts, alterations to an existing structure that do not involve additions or major structural alterations, qualify for "expedited review" as provided for in Section 50-3-131 (b) of this Code.

(8)

Projects within the SD4 District that involve the following four utility uses: electric transformer station; gas regulator station; telephone exchange building; and water works, reservoir, pumping station, or filtration plant.

(9)

Projects seeking approval under the Alternative Residential Development Options provisions of Article XIII, Division 3, of this chapter.

(10)

Urban farms and all other agricultural uses specified as a conditional use in Section 50-12-109 of this Code.

(11)

Any new, or newly-established, motor vehicle salesroom or sales lot for the sale of used vehicles.

(12)

Development projects which meet the post-construction stormwater management applicability thresholds described in Section 48-2-101 of this Code.

(13)

Any type of medical marijuana facility or adult-use marijuana establishment.

(Code 1984, § 61-3-113; Ord. No. 11-05, § 1(61-3-113), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-113), eff. 5-29-2005; Ord. No. 34-05, § 1(61-3-113), eff. 12-6-2005; Ord. No. 26-12, § 1(61-3-113), eff. 11-21-2012; Ord. No. 10-13, § 1(61-3-113), eff. 4-16-2013; Ord. No. 23-14, § 1(61-3-113), eff. 7-24-2014; Ord. No. 13-16, § 1(61-3-113), eff. 5-20-2016; Ord. No. 09-19, § 1(61-3-113), eff. 7-5-2019; Ord. No. 2020-12, § 1, eff. 12-9-2020; Ord. No. 2022-17, § 1, eff. 10-4-2022; Ord. No. 2023-29, § 1, eff. 8-10-2023)

(a)

Urban farms and other agriculture uses requiring site plan review are subject only to the submission requirements as specified in Section 50-3-138 of this Code.

(b)

Plans that are subject to review solely by virtue of the provisions of Section 50-3-113(5) and (6) of this Code may be expedited by review limited to the Planning and Development Department and the Buildings, Safety Engineering, and Environmental Department, with the exception of urban farms and other agricultural uses, which shall always include the City Planning Commission staff. Similarly, in the SD4 and SD5 Districts, plans that relate to alterations to an existing structure, which do not involve additions or major structural alterations, may be expedited by review limited to the Planning and Development Department or City Planning Commission staff, as appropriate. Advisory review by other such departments, as is usually undertaken pursuant to Section 50-3-151 of this Code, is not required in such cases of expedited review. The submittal requirements that apply in cases of expedited review are limited to those specified in Section 50-3-132, Section 50-3-133, Section 50-3-135, and Section 50-3-136 of this Code, with the exception of urban farms and other agricultural uses which shall meet the submittal requirements as specified in Section 50-3-138 of this Code only. The appropriate review body is authorized to tailor the information that is required by this subdivision to the site under consideration.

(Code 1984, § 61-3-121; Ord. No. 11-05, § 1(61-3-121), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-121), eff. 5-29-2005; Ord. No. 10-13, § 1(61-3-121), eff. 4-16-2013; Ord. No. 23-14, § 1(61-3-121), eff. 7-24-2014; Ord. No. 38-14, § 1(61-3-121), eff. 10-16-2014; Ord. No. 2022-17, § 1, eff. 10-4-2022)

(a)

Generally. Site plans shall be submitted in accordance with the following:

(1)

Drawings, with graphic written scale, are to a scale of one inch equals 50 feet if the site is less than three acres, and one inch equals 100 feet if the site is three acres or more. Unless otherwise approved, the sheet size shall be a minimum of 24 inches by 36 inches;

(2)

Title block with:

a.

Name, address, and telephone number of applicant;

b.

Name, address, telephone number, and seal with signature of architect, designer, or planner who prepared the plan. Plan should be issued for "site plan approval" and dated;

c.

Project name;

d.

Project address; and

e.

Gross site area.

(b)

Ineligibility for application; exceptions. Pursuant to Section 406(2) of the Michigan Zoning Enabling Act, being MCL 125.3406(2), a person is ineligible to apply for site plan review where the person is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the Blight Administrative Hearings Bureau under Chapter 3, Article II, of this Code, Enforcement of Blight Violations. This ineligibility does not apply to an applicant for a zoning authorization if the applicant became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure as provided for in Section 406(3) of the Michigan Zoning Enabling Act, being MCL 125.3406(3). Further, this ineligibility does not apply if the zoning authorization will correct, in whole or in part, the blight violation that was the subject of the delinquent payment.

(Code 1984, § 61-3-122; Ord. No. 11-05, § 1(61-3-122), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-122), eff. 10-16-2014)

The cover sheet of the site plan shall indicate the following:

(1)

Index of drawings;

(2)

Legal description with land area in square feet or acres. In case of a multiple-family dwelling site plan, the net usable square feet or acres of land area shall also be shown; and

(3)

Location map to scale showing:

a.

Site location;

b.

Current zoning designation of project area and properties adjacent and across any alley; and

c.

Major roads and railroads.

(Code 1984, § 61-3-123; Ord. No. 11-05, § 1(61-3-123), eff. 5-28-2005)

The existing conditions survey of the site plan shall contain the following information:

(1)

Seal and signature of the land surveyor who prepared the drawing. The land surveyor must be licensed in this state;

(2)

North arrow, legend, if applicable, with graphic and written scale;

(3)

Existing topography based on City datum with spot elevations extending to public rights-of-way adjacent to the site;

(4)

Street and road names for all public rights-of-way or private roads, and existing on-site and off-site driveways located within 100 feet of property boundaries;

(5)

Delineate locations and boundaries of wetlands;

(6)

Locations of all lakes, streams, rivers, creeks, brooks, ponds, detention basins, and drainageways, including intermittent streams and ponds with ordinary high water marks indicated;

(7)

Locations of individual or stands of trees are to be shown;

(8)

Existing utilities, including water mains, sanitary sewer mains, and storm sewer, cable, electric, gas, and telephone, including easements; and

(9)

Location of all existing structures on subject parcel and all structures within 100 feet of subject parcel.

(Code 1984, § 61-3-124; Ord. No. 11-05, § 1(61-3-124), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-124), eff. 5-29-2005)

The site plan shall depict or disclose the following specific information:

(1)

North arrow, legend, if applicable, with graphic and written scale;

(2)

Property line dimensions with ties to major thoroughfares;

(3)

Declaration whether site is within, adjacent to, across an alley, across a public or private street, across a railroad right-of-way, or not within, or adjacent to, or across an alley, or across a public or private street, or across a railroad right-of-way from a City of Detroit historic district, and boundaries of any such historic district, if applicable;

(4)

General layout and dimensions of proposed physical improvements showing the following, as applicable:

a.

Location of all existing structures to remain or be removed, and location of all proposed structures;

b.

Distance between buildings;

c.

Front, side, and rear setbacks;

d.

Building footprints with square foot area indicated;

e.

Detail of foundations and other elements where such elements result in encroachment into the right-of-way;

f.

Location of storage area(s) for hazardous substances;

g.

Location of proposed parking and parking layout with square foot area indicated and total number of off-street parking spaces provided;

h.

Streets, drives, and rights-of-way;

i.

Walls, fences, or greenbelts;

j.

General landscaped areas;

k.

Dumpster pad location and method of screening;

l.

Location of loading and servicing areas;

m.

Transformer location;

n.

All mechanical equipment located outside the structure, which includes, but is not limited to, condensing units and rooftop units;

o.

Pedestrian sidewalks, paths, and non-vehicle walkways;

p.

Locations of all signage and all sign structures;

q.

Proposed site lighting;

r.

Proposed contour changes;

s.

Proposed cutting, clearing, or retention of existing vegetation;

t.

Proposed limits of "disturbance," as defined in Section 48-2-102 of this Code, with square footage indicated; and

u.

Areas of "impervious surface," as defined in Section 48-2-102 of this Code, with square footage indicated and with a distinction made between existing and proposed impervious surfaces.

(5)

Any proposed filling, draining, cutting, dredging, grading, clearing, or other alterations that are proposed for wetlands, which shall be in accordance with Part 301 of the Michigan Natural Resources and Environmental Protection Act, titled Inland Lakes and Streams, being MCL 324.30107 through MCL 324.30113 and with Part 303 of the Michigan Natural Resources and Environmental Protection Act, titled Wetland Protection, being MCL 324.30307 through 324.30323;

(6)

Generalized location of proposed utilities including electrical, cable, telephone, gas connections, water connections, sanitary sewer connections and storm connections, including location and size of any retention or detention ponds, while clearly labeling all proposed and existing easements;

(7)

Street and road names for all proposed rights-of-way, proposed change in rights-of-way and private roads, and submission of project name and street names to City's Street Naming Committee for suitability;

(8)

Where phased construction is proposed, clearly delineate phases and timetable, and each phase must stand on its own regarding density, parking, and landscaping; and

(9)

Development summary:

a.

Allowable lot coverage versus proposed lot coverage;

b.

Number and dimensions of required off-street parking spaces as specified in Article XIV, Division 1, of this chapter versus proposed off-street parking spaces.

c.

Number and dimensions of required off-street loading spaces as specified in Article XIV, Division 1, of this chapter versus proposed off-street loading spaces.

(Code 1984, § 61-3-125; Ord. No. 11-05, § 1(61-3-125), eff. 5-28-2005; Ord. No. 09-19, § 1(61-3-125), eff. 7-5-2019)

Building elevations and floor plans shall indicate the following information:

(1)

General design concept of the appearance of proposed construction or alterations and the proposed construction materials for all façades of each building;

(2)

Building height; and

(3)

Floor plans.

(Code 1984, § 61-3-126; Ord. No. 11-05, § 1(61-3-126), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-126), eff. 5-29-2005)

The following attachments shall be provided in bound format:

(1)

Narrative to include:

a.

Overall description of the project in detail;

b.

Existing and proposed use groups for existing and proposed structures;

c.

Building descriptions in terms of building code construction type;

d.

Copies of completed applications and/or permits for all applicable state, federal, or county agencies, including, but not limited to, those concerning wetlands;

e.

Anticipated volume of truck traffic and anticipated size of trucks regularly servicing the premises for adequacy of turning radius on site; and

f.

Other statements as may be specified by the reviewing body.

(2)

Geotechnical study that is supplemented with Phase I Environmental Assessment, if necessary;

(3)

Any baseline environmental assessment or Phase I environmental assessment that may have been prepared for the subject site;

(4)

Traffic Impact Study, as provided for in Article XIV, Division 4, of this chapter, if required, that analyzes safety and efficiency of access, adequacy of driveways and internal road systems, and impact on external roads;

(5)

As may be required by the Planning and Development Department, documentation in advance, of compliance with the Operational Performance Standards, as provided for in Article XIV, Division 7, of this chapter.

(6)

Post-construction stormwater management plan, if required by Chapter 48, Article III, Division 4, of this Code.

(Code 1984, § 61-3-127; Ord. No. 11-05, § 1(61-3-127), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-127), eff. 5-29-2005; Ord. No. 37-17, § 1(61-3-127), eff. 2-6-2018; Ord. No. 09-19, § 1(61-3-127), eff. 7-5-2019)

Plans for urban farms and other agriculture uses shall include the following:

(1)

Name, address, and telephone number of the applicant;

(2)

Project name;

(3)

Project address;

(4)

Gross site area;

(5)

Legal description with land area in square feet or acres;

(6)

Location map showing:

a.

Site location;

b.

Current zoning designation of project area and properties adjacent and across any alley; and

c.

Major roads and railroads;

(7)

Description of existing conditions indicating:

a.

Delineated locations and boundaries of wetlands;

b.

Locations of all lakes, streams, rivers, creeks, brooks, ponds;

c.

Location of all existing structures on subject parcel and all structures within 100 feet of subject parcel; and

d.

Delineated locations of sensitive land uses such as residences, schools, churches, hospitals, convalescent homes, child care facilities, hotels or motels, public parks, and similar community facilities within 100 feet of the subject parcel;

(8)

A site plan that depicts or discloses the following specific information where applicable:

a.

Crop areas and general description of proposed crops;

b.

Location, description, and dimensions of proposed structures;

c.

Setbacks;

d.

Fencing or walls;

e.

Location of compost piles;

f.

Ingress and egress;

g.

Location of loading areas;

h.

Location of trash containers and/or dumpsters; and

i.

Location of storage structures and items to be stored; and

(9)

A narrative that describes the following as applicable:

a.

The types, methods of application, and location of covered storage facilities for proposed pesticides, herbicides, fertilizers, and any other chemicals that will be used as part of the operation and process;

b.

The type of machinery and equipment proposed or any other facet of the proposed operation, especially as regards external emissions, such as noise, vibration, smoke, odor, dust, dirt, or other externality that may be a nuisance to adjacent surrounding land uses;

c.

Environmental impact of the proposed operation, especially with regard to air quality, water quality, soil erosion, and sedimentation;

d.

Types of vehicles, hours and frequency of use, and proposed access routes;

e.

Waste-handling and disposal procedures for, such as, manure, organic and non-organic matter, and waste water;

f.

A plan for the use of best management practices necessary to control erosion, minimize dust, and prevent the contamination of stormwater runoff by nutrients or sediment;

g.

Evaluation of existing soil conditions and plans to mitigate soil issues, as necessary, and/or demonstration of how methods of cultivation and crops are protected from possible negative impacts; and

h.

The applicant's compliance with any existing land use grants at other locations, and the operation's compliance with environmental, zoning, City of Detroit Master Plan, and any other applicable regulations, plans, and policies.

(Code 1984, § 61-3-128; Ord. No. 10-13, § 1(61-3-128), eff. 4-16-2013; Ord. No. 37-17, § 1(61-3-128), eff. 2-6-2018)

Within the following zoning districts, the Planning and Development Department shall have the authority to review and approve preliminary and final site plans: 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 with less than three acres. The Buildings, Safety Engineering and Environmental Department is authorized to participate in the review of all site plans. The Water and Sewerage Department is authorized to participate in the review of all site plans. The Planning and Development Department shall involve other such departments as deemed necessary for proper site plan review, including, but not limited to, the Recreation Department review of agricultural uses shall include the City Planning Commission staff, the Department of Public Works, and other departments and agencies as necessary.

(Code 1984, § 61-3-141; Ord. No. 11-05, § 1(61-3-141), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-141), eff. 5-29-2005; Ord. No. 10-13, § 1(61-3-141), eff. 4-16-2013; Ord. No. 38-14, § 1(61-3-141), eff. 10-16-2014; Ord. No. 09-19, § 1(61-3-141), eff. 7-5-2019; Ord. No. 2022-17, § 1, eff. 10-4-2022)

Within the following zoning districts, the City Council shall have the authority to review and approve site plans, after recommendation from the City Planning Commission: PD, PC, PCA, SD4 with three acres, or more, and SD5. The Water and Sewerage Department is authorized to participate in the review of all site plans. The City Planning Commission shall involve other such departments, as deemed necessary, for proper site plan review including, but not limited to, the Buildings, Safety Engineering, and Environmental Department and the Recreation Department; review of agricultural uses shall also include the Planning and Development Department, the Department of Public Works, and other departments and agencies as necessary. Any preliminary site plan approval by City Council shall be indicated by the adoption of a resolution, or in the case of a PD District by the passing of an ordinance. The City Council may delegate final site plan approval to the City Planning Commission, which shall act consistent with its bylaws with regard to those matters reserved for itself and those matters delegated to its staff. Permit applications for "change of use" not involving alteration to the building or premises are subject to review and approval only by the City Planning Commission staff.

(Code 1984, § 61-3-142; Ord. No. 11-05, § 1(61-3-142), eff. 5-28-2005; Ord. No. 13-11, § 1(61-3-142), eff. 8-23-2011; Ord. No. 10-13, § 1(61-3-142), eff. 4-16-2013; Ord. No. 38-14, § 1(61-3-142), eff. 10-16-2014; Ord. No. 37-17, § 1(61-3-142), eff. 2-6-2018; Ord. No. 09-19, § 1(61-3-142), eff. 7-5-2019)

The approving body, as specified in Subdivision C of this division, shall approve a site plan where the proposed development meets the criteria set forth in this subdivision. The City shall require adherence to sound planning principles, yet may allow for design flexibility in the administration of these criteria.

(Code 1984, § 61-3-151; Ord. No. 11-05, § 1(61-3-151), eff. 5-28-2005)

The site plan shall comply with the Detroit Master Plan of Policies to the extent the Master Plan contains applicable site standards and/or use standards for a specified geographic area.

(Code 1984, § 61-3-152; Ord. No. 11-05, § 1(61-3-152), eff. 5-28-2005; Ord. No. 01-10, § 1(61-3-152), eff. 4-1-2010)

The proposed uses and structures shall conform to the use regulations, dimensional requirements, general development standards, and any other applicable requirements of this chapter, except as provided for in accordance with the variance or administrative adjustment procedures in Article IV, Division 6, of this chapter.

(Code 1984, § 61-3-153; Ord. No. 11-05, § 1(61-3-153), eff. 5-28-2005)

Where applicable, such as in the PC, PCA, PD, and SD4 Districts, and in overlay areas, the proposed uses and structures shall conform to the design guidelines adopted by the Planning and Development Department or City Planning Commission, and approved by City Council.

(Code 1984, § 61-3-154; Ord. No. 11-05, § 1(61-3-154), eff. 5-28-2005)

The site design shall promote a proper relationship between existing and proposed streets and highways within the vicinity:

(1)

In order to ensure the safety and convenience of pedestrian and vehicular traffic;

(2)

In order to ensure efficient traffic flow and control and the proper placement of curb cuts for ingress and egress;

(3)

In order to ensure adequate turning radius for trucks and such vehicles as regularly service the site;

(4)

In order to ensure easy access in cases of fire, catastrophe, and emergency; and

(5)

So as not to create undue traffic congestion on abutting public streets.

(Code 1984, § 61-3-155; Ord. No. 11-05, § 1(61-3-155), eff. 5-28-2005)

Pedestrian circulation systems both in the public right-of-way and within the site shall be provided. The system shall be designed to protect pedestrians as much as possible from the vehicular circulation system. Internal circulation shall promote safe and efficient traffic flow. Access points shall be located to minimize disruption of through traffic flow and reduce potential hazards in driveways.

(Code 1984, § 61-3-156; Ord. No. 11-05, § 1(61-3-156), eff. 5-28-2005)

All elements of the site:

(1)

Shall be harmoniously and efficiently designed in relation to the topography, size, and type of lot and in relation to the topography of the surrounding neighborhood; and

(2)

Shall be consistent, to the extent practicable, with the character of the adjacent sites and buildings and of the surrounding neighborhood.

(Code 1984, § 61-3-157; Ord. No. 11-05, § 1(61-3-157), eff. 5-28-2005; Ord. No. 01-10, § 1(61-3-157), eff. 4-1-2010)

The type, dimensions, and character of open spaces, landscaping, screening, and buffering shall enhance the design, character, use, and value of the property and abutting lands.

(Code 1984, § 61-3-158; Ord. No. 11-05, § 1(61-3-158), eff. 5-28-2005)

As deemed necessary by the appropriate review body, the site shall provide for adequate security lighting and the applicant shall demonstrate that all reasonable measures have been taken to ensure the off-site spillover of light and nightglow are minimized to the greatest extent possible.

(Code 1984, § 61-3-159; Ord. No. 11-05, § 1(61-3-159), eff. 5-28-2005)

To the extent practicable, the type, dimensions, and character of open spaces, landscaping, earth berms, fencing, screening, buffering, signs, walls, and other site features shall be designed and located on the site so that the proposed development is aesthetically pleasing and harmonious with nearby existing or future developments. Such site features shall not impede the normal and orderly operation, development or improvement of surrounding lots for uses permitted on the lots.

(Code 1984, § 61-3-160; Ord. No. 11-05, § 1(61-3-160), eff. 5-28-2005; Ord. No. 01-10, § 1(61-3-160), eff. 4-1-2010)

The use of high intensity colors, metallic colors, black or fluorescent colors shall be avoided, except as accent treatment.

(Code 1984, § 61-3-161; Ord. No. 11-05, § 1(61-3-161), eff. 5-28-2005)

As deemed necessary by the appropriate review body, sites shall provide for adequate utility service, including proposed water, sanitary sewer, and stormwater runoff systems to fulfill the projected needs of the development.

(Code 1984, § 61-3-162; Ord. No. 11-05, § 1(61-3-162), eff. 5-28-2005)

Utility and mechanical equipment and fixtures that abut a public right-of-way shall be effectively screened to the extent possible.

(Code 1984, § 61-3-163; Ord. No. 11-05, § 1(61-3-163), eff. 5-28-2005)

Pursuant to the requirements of this chapter, the natural features of the landscape shall be retained where they can enhance the development on the site, or where they furnish a barrier or buffer between the project and adjoining property, or where they assist in preserving the general health, safety, and appearance of the neighborhood.

(Code 1984, § 61-3-164; Ord. No. 11-05, § 1(61-3-164), eff. 5-28-2005)

The applicant shall demonstrate that all reasonable precautions will be taken to prevent hazardous substances from entering the soil or water as follows:

(1)

Sites at which hazardous substances are stored, used, or generated shall be designed to prevent spills and discharges to the air, ground, groundwater, lakes, streams, rivers, or wetlands, and shall be designed to comply with the requirements of Section 20107a of the Michigan Natural Resources and Environmental Protection Act, being MCL 324.20107a;

(2)

Secondary containment for aboveground areas where hazardous substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substances for the maximum anticipated period of time necessary for the recovery of any released substances;

(3)

General purpose floor drains shall be allowed only where they are approved by the Water and Sewerage Department for connection to a public sewer system or an on-site closed holding tank, but not a septic system, or regulated through a state groundwater discharge permit;

(4)

No discharges to groundwater, including direct and indirect discharges, shall be allowed except in compliance with law and, where applicable, required permits and approvals;

(5)

Underground storage tank installation, operation, maintenance, closure, and removal shall be in accordance with the requirements of the Michigan Department of State Police Fire Marshal's Division and the Michigan Department of Environment, Great Lakes, and Energy; and

(6)

Earth-moving activities necessary to reshape land consistent with the site plan shall be in compliance with the requirements of the Natural Resources and Environmental Protection Act, being MCL 324.101 et seq.

(Code 1984, § 61-3-165; Ord. No. 11-05, § 1(61-3-165), eff. 5-28-2005)

As applicable, the applicant shall demonstrate that all reasonable measures shall be taken to minimize soil erosion and sedimentation, alteration of wetlands, and related natural features.

(Code 1984, § 61-3-166; Ord. No. 11-05, § 1(61-3-166), eff. 5-28-2005)

The proposed development shall comply with the operational performance standards of Article XIV, Division 7, of this chapter.

(Code 1984, § 61-3-167; Ord. No. 11-05, § 1(61-3-167), eff. 5-28-2005; Ord. No. 37-17, § 1(61-3-167), eff. 2-6-2018)

The proposed development shall comply with the post-construction stormwater management requirements set forth in Chapter 48, Article III, Division 4, of this Code.

(Code 1984, § 61-3-168; Ord. No. 09-19, § 1(61-3-168), eff. 7-5-2019)

Concept plan review is an initial review of certain proposed development projects by Planning and Development Department staff that may be required of projects which involve acquisition of City-owned land and/or public funds. Concept plan review is not a required part of the site plan review process for projects not involving City-owned land and/or public funds. Submittals for concept plan review shall be made directly to the Planning and Development Department prior to the permit approval process, which begins with submittal of the permit application to the Buildings, Safety Engineering, and Environmental Department.

(Code 1984, § 61-3-171; Ord. No. 11-05, § 1(61-3-171), eff. 5-28-2005)

Applications for site plan review shall be submitted to the Buildings, Safety Engineering, and Environmental Department for review by the appropriate review body as identified in Subdivision C of this division. The reviewing body shall adopt rules and procedures governing site plan review in accordance with the requirements of this division and the Charter. (See Figure 50-3-202.)

Figure 50-3-202
(For Informational Purposes Only)
Planning and Development Department Site Plan Review
(Contact department for details)

(Code 1984, § 61-3-172; Ord. No. 11-05, § 1(61-3-172), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-172), eff. 10-16-2014)

(a)

The appropriate review body, as specified in Subdivision C of this division, shall approve, deny, or approve with conditions a site plan upon successful completion of technical reviews by appropriate City departments and other review agencies. Preliminary site plan approval is required prior to any public hearing at the Buildings, Safety Engineering, and Environmental Department for conditional, regulated, or controlled uses or for any land use before the Board of Zoning Appeals as the Body of first jurisdiction. Such action shall be duly recorded by the appropriate review body. In certain situations, site plan review may be conducted concurrently with a land use public hearing. (See Section 50-3-266(b), Section 50-3-344(b), and Section 50-3-424(b) of this Code.) A site plan shall be approved where the document contains information that is required by this chapter and is in compliance with this chapter and the conditions imposed under this Code, and state and federal statutes. The Buildings, Safety Engineering, and Environmental Department shall not alter any approved preliminary site plan without the approval of the appropriate review body.

(b)

In the event, as a result of a public hearing, it is deemed appropriate to revise an approved preliminary site plan, the Buildings, Safety Engineering, and Environmental Department shall not issue a permit until such revisions have been approved by the appropriate review body, as specified in Subdivision C of this division, as part of a final site plan.

(c)

Where a development proposal requires both site plan approval and a variance, the applicant shall proceed through the former process first, and seek the variance only after obtaining the necessary approval from the Planning and Development Department or City Council, as appropriate. This provision shall not affect the ability of the Planning and Development Department or City Council, as appropriate, to grant administrative adjustments in accordance with Section 50-4-122 of this Code.

(d)

Final site plan review is required after preliminary site plan approval and upon successful completion of technical reviews by relevant City departments and other review agencies to verify that all preliminary site plan review requirements have been met, and all necessary details are provided for the issuance of related permits:

(1)

The appropriate review body, as specified in Subdivision C of this division, shall incorporate into the final site plan any modifications of the preliminary plan as deemed appropriate by the review body as a result of any public hearing at the Buildings, Safety Engineering, and Environmental Department or Board of Zoning Appeals;

(2)

Where no changes have been made to the preliminary site plan, then the approval of the Planning and Development Department or City Council shall be deemed final; and

(3)

In such cases where a preliminary site plan has been denied by the Planning and Development Department, but such denial has been overturned by the Board of Zoning Appeals on appeal, the Buildings, Safety Engineering, and Environmental Department shall ensure that the final site plan is consistent with the decision of the Board of Zoning Appeals.

(e)

To the extent possible, the Planning and Development Department shall convey its recommendation to the Buildings, Safety Engineering, and Environmental Department within two weeks of any hearing.

(Code 1984, § 61-3-173; Ord. No. 11-05, § 1(61-3-173), eff. 5-28-2005)

The appropriate review body, as specified in Subdivision C of this division, shall include the Historic District Commission as part of the site plan review team where related to property within, or adjacent to, across an alley, across a public or private street, or across a railroad right-of-way from a City historic district.

(Code 1984, § 61-3-174; Ord. No. 11-05, § 1(61-3-174), eff. 5-28-2005)

Appeals of a denial by the Planning and Development Department on a site plan within its jurisdiction may be made to the Board of Zoning Appeals pursuant to the procedures that are contained in Article IV, Division 5, of this chapter, within 14 days of the Planning and Development Department's ruling. Appeals of any City Council decision on a site plan may not be appealed to the Board of Zoning Appeals, but shall be made to a court of competent jurisdiction as provided for by law.

(Code 1984, § 61-3-175; Ord. No. 11-05, § 1(61-3-175), eff. 5-28-2005; Ord. No. 13-11, § 1(61-3-175), eff. 8-23-2011)

Minor changes in approved final site plans may be made by the appropriate review body subject to a finding that such change will not cause any of the following:

(1)

A change in the character of the development; or

(2)

An increase in the ratio of gross floor area to zoning lot area in excess of five percent; or

(3)

An increase in coverage by structure, unless justified by changes in other factors; or

(4)

A reduction in approved open space or off-street parking and loading space unless justified by changes in other factors; or

(5)

The creation of or increase in injurious effects to adjacent or contiguous land uses.

(Code 1984, § 61-3-176; Ord. No. 11-05, § 1(61-3-176), eff. 5-28-2005)

(a)

The right to develop in accordance with an approved final site plan shall lapse and be of no further effect where all development shown on the approved site plan is not complete within three years of the date of site plan approval.

(b)

Prior to lapse, the applicant may request, in writing, one two-year extension from the decision-making body that granted the initial approval. Extensions may be granted following a good-faith demonstration by the applicant of proof and ability to complete the development within the extended time frame.

(Code 1984, § 61-3-177; Ord. No. 11-05, § 1(61-3-177), eff. 5-28-2005)

In the development and execution of this chapter, it is recognized there are some uses that, because of their unique characteristics, cannot be properly classified in any particular district without consideration, in each case, of the impact of those uses upon neighboring uses. Review of dimensional requirements, location, construction, development, and operation of each use is necessary to ensure compatibility with the surrounding neighborhood.

(Code 1984, § 61-3-201; Ord. No. 11-05, § 1(61-3-201), eff. 5-28-2005)

The provisions of this division for "conditional land uses" are established pursuant to the authority granted in Section 502 of the Michigan Zoning Enabling Act, being MCL 125.3502, for "special land uses." Conditional land uses are identified in the use lists of the several zoning districts referenced in Articles VIII, IX, X, and XI of this chapter. Conditional uses are further identified in the use table that is found in Article XII, Division 1, of this chapter.

(Code 1984, § 61-3-202; Ord. No. 11-05, § 1(61-3-202), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-202), eff. 12-21-2006)

The Buildings, Safety Engineering, and Environmental Department shall appoint a hearing officer with significant land use/urban planning qualifications to review conditional land use grant applications and make recommendations on such applications to the Director of the Department. For purposes of this section, the term "significant land use/urban planning qualifications" means: the receipt of a graduate-level degree in urban planning or a related field; or at least ten years' experience in a City or County agency, or acting as a consultant to a government agency in a position involving continuing responsibility for land use and zoning matters.

(Code 1984, § 61-3-203; Ord. No. 11-05, § 1(61-3-203), eff. 5-28-2005)

In the event of expansion or intensification, uses established by right that are now listed as conditional in a given zoning district shall be subject to the provisions of this division. The term "intensification of use" is defined in Section 50-16-262 of this Code.

(Code 1984, § 61-3-204; Ord. No. 11-05, § 1(61-3-204), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-204), eff. 5-29-2005; Ord. No. 34-05, § 1(61-3-204), eff. 12-6-2005)

Applicants may request a pre-application meeting with the Buildings, Safety Engineering, and Environmental Department before filing an application for a conditional land use grant.

(Code 1984, § 61-3-211; Ord. No. 11-05, § 1(61-3-211), eff. 5-28-2005)

(a)

Generally. Any person who owns or has an interest in the subject property may file an application to use or occupy such land as a conditional use in the zoning district where the land is situated. Such application shall be filed with the Buildings, Safety Engineering, and Environmental Department, together with tentative plans including, but not limited to, site plans, floor plans, and elevations as provided for in Division 5, Subdivision B, of this article.

(b)

Ineligibility for application; exceptions. Pursuant to Section 406(2) of the Michigan Zoning Enabling Act, being MCL 125.3406(2), a person is ineligible to apply for a conditional use where the person is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the Blight Administrative Hearings Bureau under Chapter 3, Article II, of this Code, Enforcement of Blight Violations. This ineligibility does not apply to an applicant for a zoning authorization if the applicant became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure as provided for in Section 406(3) of the Michigan Zoning Enabling Act, being MCL 125.3406(3). Further, this ineligibility does not apply if the zoning authorization will correct, in whole or in part, the blight violation that was the subject of the delinquent payment.

(Code 1984, § 61-3-212; Ord. No. 11-05, § 1(61-3-212), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-212), eff. 10-16-2014)

Upon receipt of an application for a conditional land use grant, the Buildings, Safety Engineering, and Environmental Department shall:

(1)

Conduct necessary field inspections, surveys, and investigations;

(2)

Prepare maps, charts, or other pictorial materials;

(3)

Hold necessary hearings; and

(4)

Otherwise process said application according to the procedures of this subdivision in order to arrive at a proper decision. (See Figure 50-3-263.)

Figure 50-3-263
(For Informational Purposes Only)
Conditional Uses

(Code 1984, § 61-3-213; Ord. No. 11-05, § 1(61-3-213), eff. 5-28-2005)

No conditional land use shall be granted until the Buildings, Safety Engineering, and Environmental Department has held a public hearing at a time and place to be determined by the Department. The hearing shall be conducted and a record of the proceedings shall be preserved in accordance with the administrative rules that are promulgated by the Director pursuant to Section 2-111 of the Charter.

(Code 1984, § 61-3-214; Ord. No. 11-05, § 1(61-3-214), eff. 5-28-2005)

Notice of public hearings on conditional land use proposals shall be published, mailed, and posted in accordance with Section 50-3-7 through Section 50-3-11 of this Code, not less than 15 days before the date of the public hearing. As deemed appropriate, the Buildings, Safety Engineering, and Environmental Department may give additional notice of the hearing. Additionally, the Buildings, Safety Engineering, and Environmental Department shall provide notice of conditional land use hearings to the City Council.

(Code 1984, § 61-3-215; Ord. No. 11-05, § 1(61-3-215), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-215), eff. 12-21-2006; Ord. No. 13-09, § 1(61-3-215), eff. 8-21-2009)

(a)

As specified in Section 50-3-113(5) of this Code, applications for a conditional land use grant require preliminary approval of a site plan by the Planning and Development Department.

(b)

Except in cases of "expedited review," as provided for in Section 50-3-131 of this Code, the public hearing required for a conditional land use grant shall not take place until the Planning and Development Department or City Council, as appropriate, has approved the preliminary site plan. In an "expedited review" case, the site plan review may be conducted concurrently with the conduct of the land use hearing.

(c)

A representative of the Planning and Development Department is authorized to be present at all hearings on conditional land use grants and to make recommendations on the same at the Buildings, Safety Engineering, and Environmental Department and, when such cases are appealed, at the Board of Zoning Appeals, and to make recommendations on the same.

(d)

In conditional use cases that do not involve an advisory committee which is specified in Article II, Division 6, of this chapter, the Planning and Development Department shall have 15 business days following the public hearing to submit a recommendation to the Buildings, Safety Engineering, and Environmental Department with regard to the land use, apart from matters related to revisions to approved preliminary site plan. Failure to submit a recommendation in a timely fashion shall be deemed to be approval by the Planning and Development Department.

(e)

Planning and Development Department approval of a final site plan is required before the Buildings, Safety Engineering, and Environmental Department issues any zoning grant for a conditional use.

(Code 1984, § 61-3-216; Ord. No. 11-05, § 1(61-3-216), eff. 5-28-2005)

(a)

The City Council has no role in the approval of conditional uses, except, that because of its site plan review responsibility, City Council approval of a preliminary site plan in the PC and PCA Districts is required prior to the Buildings, Safety Engineering, and Environmental Department issuance of a zoning grant. Similarly, in the SD4 District, City Council's review and approval are required for preliminary site plans, but are limited to large sites which occupy at least three acres in area.

(b)

In cases eligible for "expedited review," City Planning Commission staff may review the site plan with the Buildings, Safety Engineering, and Environmental Department at the time of the hearing and in the same manner as done by the Planning and Development Department for conditional use cases in other zoning districts, except, that the issuance of a zoning grant by the Buildings, Safety Engineering, and Environmental Department in cases of "expedited review" shall be contingent upon, and subsequent to, City Council formal action to approve the preliminary site plan.

(Code 1984, § 61-3-217; Ord. No. 11-05, § 1(61-3-217), eff. 5-28-2005)

(a)

The Buildings, Safety Engineering, and Environmental Department shall review the application and, based upon the approval criteria of Subdivision C of this division and the recommendation of the Planning and Development Department and of the Buildings, Safety Engineering, and Environmental Department hearing officer, act to approve, approve with conditions, as provided for in Section 50-3-301(b) of this Code, or deny the application for a conditional land use grant.

(b)

The decision made by the Buildings, Safety Engineering, and Environmental Department shall be incorporated in a statement of findings and conclusions relative to conditional use which specifies the basis for the decision, and any conditions imposed. The Buildings, Safety Engineering, and Environmental Department may require proof of correction of any violations or deficiencies prior to the approval of any zoning grant. In the event a conditional use is being approved contingent on revisions to an approved preliminary site plan, the zoning grant shall include a condition requiring that the applicant secure the approval of the Planning and Development Department or City Council, as appropriate, on a final site plan prior to issuance of a permit by the Buildings, Safety Engineering, and Environmental Department.

(Code 1984, § 61-3-218; Ord. No. 11-05, § 1(61-3-218), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-218), eff. 12-21-2006)

(a)

Where a development proposal requires both a conditional land use grant and also a variance, the applicant shall proceed through the former process first, and shall seek the variance only after obtaining the necessary approval from the Buildings, Safety Engineering, and Environmental Department. This provision shall not affect the ability of the appropriate review body to grant administrative adjustments, pursuant to Article IV, Division 6, of this chapter. Where a variance is required for a conditional use prior to issuance of a permit, the Buildings, Safety Engineering, and Environmental Department shall specify in any decision which approves the land use that final approval is contingent on the granting of the appropriate variance by the Board of Zoning Appeals, provided, that the Board may not alter any approved preliminary site plan.

(b)

In the event a conditional use decision of the Buildings, Safety Engineering, and Environmental Department is appealed to the Board of Zoning Appeals, the Board shall first decide whether to affirm or reverse the conditional use decision of the Buildings, Safety Engineering, and Environmental Department before considering a variance issue.

(Code 1984, § 61-3-219; Ord. No. 11-05, § 1(61-3-219), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-219), eff. 5-29-2005)

A public hearing shall be required in any instance involving the expansion or intensification of a use listed as a "conditional use" whether or not the use was established with benefit of a zoning grant. An intensification of the conditional land use shall be deemed to have occurred when a conditional use adds a matter of right use to its operation. The term "intensification of use" is defined in Section 50-16-262 of this Code.

(Code 1984, § 61-3-220; Ord. No. 11-05, § 1(61-3-220), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-220), eff. 5-29-2005)

No conditional use shall be approved by the Buildings, Safety Engineering, and Environmental Department, or the Board of Zoning Appeals on appeal, unless each of the following general findings is made:

(1)

The establishment, maintenance, location, and operation of the proposed conditional use will not be detrimental to or endanger the social, physical, environmental or economic well-being of surrounding neighborhoods, or aggravate any preexisting physical, social or economic deterioration of surrounding neighborhoods;

(2)

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes permitted;

(3)

The conditional use will not substantially diminish or impair property values within the neighborhood;

(4)

The conditional use shall not be inconsistent with the goals and objectives of the Detroit Master Plan;

(5)

The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Plans for such development and improvement shall be evidenced in a written or published community plan, development plan, cluster board plan, or similar document;

(6)

Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided;

(7)

The conditional use will be compatible with the capacities of public services and public facilities that are affected by the proposed use;

(8)

The conditional use will be compatible with land uses on adjacent and nearby zoning lots in terms of location, size, and character. For purposes of this section, the term "nearby zoning lots" means those lots on the same side of the same block face as the subject property;

(9)

The conditional use will not hinder or have a detrimental effect upon vehicular turning patterns, ingress/egress, traffic flow, nearby intersections, traffic visibility and the clear vision triangle, and other vehicular and pedestrian traffic patterns in the vicinity;

(10)

The conditional use will in all other respects conform to the applicable use regulations, dimensional requirements, general development standards, and any other applicable requirement of this chapter. In the event a dimensional or other variance is needed, the Buildings, Safety Engineering, and Environmental Department may approve the conditional use contingent on approval of the needed variance from the Board of Zoning Appeals as provided for in Section 50-3-269 of this Code;

(11)

The conditional use is consistent with any approved preliminary site plan;

(12)

The conditional use is so designed, located, planned, and to be operated so that the public health, safety, and welfare will be protected;

(13)

The conditional use shall not involve activities, processes, materials, equipment or conditions of operation that will be detrimental to the physical environment or to public health and general welfare by reason of excessive production of noise, smoke, fumes, glare, or odors;

(14)

The conditional use is consistent with and promotes the intent and purpose of this chapter; and

(15)

Where a public, civic, or institutional use (see Article XII, Division 1, Subdivision C, of this chapter) is proposed on land zoned industrial, the impacts of the normal operations that are allowed in the district, including noise, smoke, fumes, glare, and odor, shall not adversely affect the employees, patrons, or users of the proposed public, civic, or institutional facility.

(Code 1984, § 61-3-231; Ord. No. 11-05, § 1(61-3-231), eff. 5-28-2005)

In addition to complying with the general approval criteria set forth in this subdivision, the proposed conditional use shall comply with any special conditions set forth in the following:

(1)

The use regulations for the specific use that is involved as specified in Article XII of this chapter;

(2)

The zoning district regulations where the property is located;

(3)

Any historic district regulations that are applicable to the property;

(4)

Any development plan regulations that are applicable to the property; and

(5)

Any state- or federally-mandated requirement for a "contaminated property," which is defined as a "facility" pursuant to Section 20101(1)(o) of the Michigan Natural Resources and Environmental Protection Act, being MCL 324.20101(1)(o).

(Code 1984, § 61-3-232; Ord. No. 11-05, § 1(61-3-232), eff. 5-28-2005)

(a)

Prior to the Buildings, Safety Engineering, and Environmental Department granting approval for any conditional use, the appropriate review body may modify any requirements or standards pursuant to the provisions for administrative adjustments set forth in Article IV, Division 6, of this chapter.

(b)

The Buildings, Safety Engineering, and Environmental Department, or the Board of Zoning Appeals upon appeal, may impose reasonable conditions or limitations upon the establishment, location, construction, maintenance, or operation of the conditional use as may be necessary, in its judgment, for the protection of the public interest, health, safety, welfare and environment, and to secure compliance with the approval criteria of Subdivision C of this division.

(c)

To ensure compliance with this chapter and any conditions imposed under this chapter, the Buildings, Safety Engineering, and Environmental Department or the Board of Zoning Appeals, as applicable, may require a performance guarantee, as provided for in Article XIV, Division 8, of this chapter, to ensure faithful completion of improvements associated with the project. (See definition of the term "improvements" in Article XVI, Division 2, Subdivision J, of this chapter.)

(Code 1984, § 61-3-241; Ord. No. 11-05, § 1(61-3-241), eff. 5-28-2005; Ord. No. 13-11, § 1(61-3-241), eff. 8-23-2011)

Appeals of the Buildings, Safety Engineering, and Environmental Department on conditional use permit applications shall be taken to the Board of Zoning Appeals within 14 days of the date of the Department's decision on the matter in accordance with the provisions of Section 50-4-103 of this Code.

(Code 1984, § 61-3-242; Ord. No. 11-05, § 1(61-3-242), eff. 5-28-2005)

Any decision of the Board of Zoning Appeals may be appealed as specified in the Michigan Zoning Enabling Act, being MCL 125.3101 et seq., and in the Michigan Court Rules.

(Code 1984, § 61-3-243; Ord. No. 11-05, § 1(61-3-243), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-243), eff. 12-21-2006)

No application for a conditional use which has been denied wholly or in part by the Buildings, Safety Engineering, and Environmental Department or the Board of Zoning Appeals shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions which are found to be valid by the Buildings, Safety Engineering, and Environmental Department or the Board of Zoning Appeals.

(Code 1984, § 61-3-244; Ord. No. 11-05, § 1(61-3-244), eff. 5-28-2005)

In any case where a permit for a conditional use has not been obtained within six months after the granting of said use, the grant shall be null and void without further action by the Buildings, Safety Engineering, and Environmental Department or the Board of Zoning Appeals, except, that the Buildings, Safety Engineering, and Environmental Department, or where applicable, the Board of Zoning Appeals, may extend, without further public hearing, said six-month deadline for no more than 12 months beyond the expiration date of the original six months. Where this extension expires, no additional extension shall be authorized, unless a new application has been filed and a further public hearing has been held. Notwithstanding the preceding, no such extension may be considered in the case of a land use that was unlawfully established or expanded and that was subsequently legalized as a result of a conditional land use hearing.

(Code 1984, § 61-3-245; Ord. No. 11-05, § 1(61-3-245), eff. 5-28-2005)

Nothing in this chapter shall prevent the reconstruction, repairing, or rebuilding and continued use of any building or structure that is damaged by fire, collapse, explosion, or act of God, which use requires the approval of the Buildings, Safety Engineering, and Environmental Department, provided, that the expense of such reconstruction does not exceed 60 percent of the assessed valuation of the building or structure at the time such damage occurred. Where the reconstruction, repair, or rebuilding of any such use exceeds such expense, the use may be re-established only upon the approval of the Buildings, Safety Engineering, and Environmental Department, subsequent to a public hearing, provided, that the re-established use complies with the use regulations of Article XII of this chapter, except for the spacing regulations contained in Section 50-12-127 and Section 50-12-139 through Section 50-12-136 of this Code, and the general development standards of Article XIV of this chapter.

(Code 1984, § 61-3-246; Ord. No. 11-05, § 1(61-3-246), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-246), eff. 12-21-2006; Ord. No. 37-17, § 1(61-3-246), eff. 2-6-2018)

(a)

Structures that are damaged or destroyed by fire, collapse, explosion, or act of God, and that are accessory to non-residential conditional uses, shall be subject to the same provisions that apply to principal structures as provided for in Section 50-3-306 of this Code.

(b)

Structures that are damaged or destroyed or demolished and that are accessory to residential conditional uses may be reconstructed or repaired without need for a conditional use public hearing, provided, that the reconstructed accessory structure does not exceed the gross floor area of the damaged or destroyed or demolished structure.

(c)

Structures that are damaged or destroyed or demolished, that are accessory to residential conditional uses, and that upon reconstruction or repair will exceed the gross floor area of the damaged or destroyed or demolished structure, shall be deemed an expansion of a conditional use subject to the provisions of Section 50-3-270 of this Code.

(Code 1984, § 61-3-247; Ord. No. 11-05, § 1(61-3-247), eff. 5-28-2005)

In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to prevent a concentration of these uses in any one area.

(Code 1984, § 61-3-251; Ord. No. 11-05, § 1(61-3-251), eff. 5-28-2005)

Regulated uses are subject to the following spacing requirements:

(1)

To prevent the over-concentration of regulated uses in a given area, not more than two regulated uses may be established within a 1,000-foot radius;

(2)

To prevent the over-concentration of regulated uses and adult uses in a given area, a regulated use shall not be established within a 1,000-foot radius of any two adult uses or within a 1,000-foot radius of any one adult use and any one regulated use; and

(3)

It shall be unlawful to establish any public dance hall or pawnshop within 500 feet of land zoned R1, R2, R3, R4, R5, R6, residential PD, SD1, SD2, or SD4.

(Code 1984, § 61-3-252; Ord. No. 11-05, § 1(61-3-252), eff. 5-28-2005; Ord. No. 01-10, § 1(61-3-252), eff. 4-1-2010)

The following use types shall be considered "regulated uses" under this chapter:

(1)

Brewpub, microbrewery, or small distillery or small winery that serves alcohol for consumption on the premises and that is located outside the Central Business District, the MKT District, and the SD2 District, except if operating in conjunction with and located on the same zoning lot as a standard restaurant defined in Section 50-16-362 of this Code;

(2)

Cabaret, outside the Central Business District and SD5 District;

(3)

Dance hall, public, outside the Central Business District;

(4)

Establishment for the sale of beer or alcoholic liquor for consumption on the premises, outside the Central Business District and outside the MKT, SD1 SD2, and SD5 Districts; however, such establishments that operate in conjunction with and are located on the same zoning lot as a standard restaurant as defined in Section 50-16-362 of this Code shall not be considered regulated uses;

(5)

Lodging house, public;

(6)

Motel;

(7)

Pawnshop; and

(8)

Plasma donation center.

(Code 1984, § 61-3-253; Ord. No. 11-05, § 1(61-3-253), eff. 5-28-2005; Ord. No. 01-10, § 1(61-3-253), eff. 4-1-2010; Ord. No. 13-11, § 1(61-3-253), eff. 8-23-2011; Ord. No. 06-13, § 1(61-3-253), eff. 3-20-2013; Ord. No. 23-14, § 1(61-3-253), eff. 7-24-2014; Ord. No. 38-14, § 1(61-3-253), eff. 10-16-2014; Ord. No. 13-15, § 1(61-3-253), eff. 7-11-2015; Ord. No. 37-17, § 1(61-3-253), eff. 2-6-2018; Ord. No. 2020-21, § 1, eff. 8-8-2020; Ord. No. 2022-17, § 1, eff. 10-4-2022)

Consistent with the provisions of Section 50-15-30 of this Code, the Board of Zoning Appeals shall not consider any change of nonconforming use to a regulated use on land zoned R1, R2, R3, R4, R5, R6, or residential PD.

(Code 1984, § 61-3-254; Ord. No. 11-05, § 1(61-3-254), eff. 5-28-2005)

(a)

An application to establish any of the above regulated uses shall be made to the Buildings, Safety Engineering, and Environmental Department. (See Figure 50-3-341.)

(b)

Pursuant to Section 406(2) of the Michigan Zoning Enabling Act, being MCL 125.3406(2), a person is ineligible to apply for a regulated use where the person is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the Blight Administrative Hearings Bureau under Chapter 3, Article II, of this Code, Enforcement of Blight Violations. This ineligibility does not apply to an applicant for a zoning authorization if the applicant became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure as provided for in Section 406(3) of the Michigan Zoning Enabling Act, being MCL 125.3406(3). Further, this ineligibility does not apply if the zoning authorization will correct, in whole or in part, the blight violation that was the subject of the delinquent payment.

(c)

The Buildings, Safety Engineering, and Environmental Department shall not approve any such request where there are already in existence two or more regulated uses within 1,000 feet of the boundaries of the site of the proposed regulated use, except as provided for through the waiver provisions set forth in Subdivision C of this division. See Section 50-12-127 of this Code for more information on spacing requirements in the City.

Figure 50-3-341
(For Informational Purposes Only)
Regulated Uses

(Code 1984, § 61-3-261; Ord. No. 11-05, § 1(61-3-261), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-261), eff. 10-16-2014)

Where a public hearing is required for approval in a given zoning district, no approval of a regulated use shall be issued until the Buildings, Safety Engineering, and Environmental Department has held a public hearing at a time and place to be determined by the Department. The hearing shall be conducted and a record of the proceedings shall be preserved in accordance with the administrative rules that are promulgated by the Director pursuant to Section 2-111 of the Charter. The Planning and Development Department is authorized to attend all regulated use hearings at the Buildings, Safety Engineering, and Environmental Department and, when such cases are appealed, at the Board of Zoning Appeals.

(Code 1984, § 61-3-262; Ord. No. 11-05, § 1(61-3-262), eff. 5-28-2005)

(a)

Notice of public hearings on regulated uses shall be published, mailed and posted, in accordance with Section 50-3-7 through Section 50-3-11 of this Code, not less than 15 days before the date of the public hearing. As deemed appropriate, the Director of the Buildings, Safety Engineering, and Environmental Department may give additional notice of the hearing.

(b)

Notice of public hearings shall state that an application for a regulated use has been received. In addition, notice shall state whether waiver of any spacing requirements has been requested pursuant to Subdivision C of this division.

(Code 1984, § 61-3-263; Ord. No. 11-05, § 1(61-3-263), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-263), eff. 12-21-2006)

(a)

Applications to establish a regulated use require approval of a preliminary site plan by the Planning and Development Department.

(b)

Except as provided for in Section 50-3-131 of this Code, the public hearing required for a regulated use proposal shall not take place until the Planning and Development Department or City Council, as appropriate, has approved the preliminary site plan. In "expedited review" cases, the site plan review may be conducted concurrently with the conduct of the land use hearing.

(c)

A representative of the Planning and Development Department is authorized to be present at all hearings on regulated use proposals at the Buildings, Safety Engineering, and Environmental Department and, when such cases are appealed, at the Board of Zoning Appeals, and to make recommendations on the same.

(d)

In regulated use cases, the Planning and Development Department shall have 15 business days following the public hearing to submit a recommendation to the Buildings, Safety Engineering, and Environmental Department with regard to the land use, apart from matters related to revisions to approve preliminary site plan. Failure to submit a recommendation in a timely fashion shall be deemed to be approval by the Planning and Development Department. Planning and Development Department approval of a final site plan is required before the Buildings, Safety Engineering, and Environmental Department issues any zoning grant for a regulated use.

(Code 1984, § 61-3-264; Ord. No. 11-05, § 1(61-3-264), eff. 5-28-2005)

(a)

The Buildings, Safety Engineering, and Environmental Department shall review any application for a regulated use and the recommendation of the Planning and Development Department with regard to such use. The Buildings, Safety Engineering, and Environmental Department shall approve, approve with conditions, or deny the application for a regulated use grant. The Buildings, Safety Engineering, and Environmental Department's decision shall specify the basis for the decision and any conditions imposed.

(b)

The Buildings, Safety Engineering, and Environmental Department shall not approve any regulated use where the proposed use would violate the spacing requirements of Section 50-3-341 of this Code, unless the Department reviews the application and grants a waiver of the spacing requirements as provided for in Subdivision C of this division.

(c)

The Buildings, Safety Engineering, and Environmental Department may require proof of correction of any violations or deficiencies prior to the approval of any zoning grant.

(Code 1984, § 61-3-265; Ord. No. 11-05, § 1(61-3-265), eff. 5-28-2005)

(a)

Where a permit application requires both a regulated use grant and also a variance, the applicant shall proceed through the former process first, and shall seek the variance only after obtaining the necessary approval from the Buildings, Safety Engineering, and Environmental Department. This provision shall not affect the ability of the appropriate review body to grant administrative adjustments, pursuant to Article IV, Division 6, of this chapter. Where a variance is required for a regulated use prior to issuance of a permit, the Buildings, Safety Engineering, and Environmental Department shall specify in any decision which approves the land use that final approval is contingent on the granting of the appropriate variance by the Board of Zoning Appeals.

(b)

In the event a regulated use decision of the Buildings, Safety Engineering, and Environmental Department is appealed to the Board of Zoning Appeals, the Board shall first decide whether to affirm or reverse the regulated use decision of the Buildings, Safety Engineering, and Environmental Department before considering a variance issue.

(Code 1984, § 61-3-266; Ord. No. 11-05, § 1(61-3-266), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-266), eff. 5-29-2005)

After receiving a report from the Planning and Development Department, the Board of Zoning Appeals shall waive the spacing requirement for any proposed regulated use as a locational variance where all the following findings are made subsequent to a public hearing:

(1)

The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed;

(2)

The proposed use will not enlarge or encourage the development of a "skid row" area, being a corridor of blight and deterioration;

(3)

The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation or interfere with any urban renewal program adopted under Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74;

(4)

The general approval criteria for variances, as provided for in Section 50-4-121 of this Code, have been met; and

(5)

All other applicable regulations of this chapter will be observed.

(Code 1984, § 61-3-271; Ord. No. 11-05, § 1(61-3-271), eff. 5-28-2005)

The prohibition of the establishment of any public dance hall or pawnshop within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD shall be waived upon presentation to the Buildings, Safety Engineering, and Environmental Department of a verified petition requesting such waiver, signed by two-thirds of those persons owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as "unimproved," within 500 feet of the proposed location.

(1)

The Buildings, Safety Engineering, and Environmental Department shall adopt rules and regulations that govern the procedure for securing the petition provided for in this section. The rules shall provide that the circulator of the petition requesting a waiver shall be at least 18 years of age and shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the Buildings, Safety Engineering, and Environmental Department, that the circulator personally witnessed the signatures on the petition, and that the same were affixed to the petition by the person whose name appeared thereon;

(2)

The Buildings, Safety Engineering, and Environmental Department shall not consider the waiver of spacing requirements until the petition which is described in Subsection (1) of this section, where required, has been filed and verified (petitions are addressed in Section 50-12-125 of this Code);

(3)

Failure to obtain signatures from the required two-thirds of eligible persons means that no hearing may be held by the Buildings, Safety Engineering, and Environmental Department or by the Board of Zoning Appeals.

(Code 1984, § 61-3-272; Ord. No. 11-05, § 1(61-3-272), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-272), eff. 5-29-2005; Ord. No. 01-10, § 1(61-3-272), eff. 4-1-2010; Ord. No. 37-17, § 1(61-3-272), eff. 2-6-2018)

(a)

Where the Board of Zoning Appeals hears a regulated use case as the first body of jurisdiction, such as for nonconforming uses, the following provisions shall apply:

(1)

The applicant must circulate any petition of consent required under Section 50-3-362 of this Code, provided, that failure by the applicant to obtain signatures from two-thirds of eligible persons shall not prevent the hearing from being held; and

(2)

The actual percentage of signatures of consent that is obtained from the circulation of said petition shall be reported to the Board of Zoning Appeals and shall be considered as advisory to the Board.

(b)

For purposes of this chapter, the term "first body of jurisdiction" means that body which has the authority to approve or deny a use.

(Code 1984, § 61-3-273; Ord. No. 11-05, § 1(61-3-273), eff. 5-28-2005; Ord. No. 34-05, § 1(61-3-273), eff. 12-6-2005)

No regulated use shall be approved by the Buildings, Safety Engineering, and Environmental Department, or the Board of Zoning Appeals on appeal, except in accordance with the following criteria:

(1)

The approval criteria are specified in Section 50-3-281 of this Code for any regulated use that is permitted on a conditional basis in a given zoning district;

(2)

The use regulations for the specific use involved as specified in Article XII of this chapter;

(3)

The zoning district regulations where the property is located;

(4)

Any historic district regulations that are applicable to the property; and

(5)

Any development plan regulations that are applicable to the property.

(Code 1984, § 61-3-281; Ord. No. 11-05, § 1(61-3-281), eff. 5-28-2005)

(a)

Certain modifications of numeric standards for regulated uses may be granted in accordance with Section 50-4-122 of this Code.

(b)

The Buildings, Safety Engineering, and Environmental Department, or the Board of Zoning Appeals upon appeal, may impose reasonable conditions or limitations upon the establishment, location, construction, maintenance, or operation of the regulated use as may in its judgment be necessary for the protection of the public interest, health, safety, welfare and environment, and to secure compliance with the approval criteria in Section 50-3-381 of this Code.

(c)

To ensure compliance with this chapter and any conditions that are imposed under this chapter, the Buildings, Safety Engineering, and Environmental Department or the Board of Zoning Appeals, as applicable, may require a performance guarantee, as provided for in Article XIV, Division 8, of this chapter to ensure faithful completion of improvements associated with the project. (See definition of the term "improvements" in Article XVI, Division 2, Subdivision J, of this chapter.)

(d)

Modifications. A request for changes in conditions of approval of a regulated use, or a change to development plans that would affect a condition of approval, shall be processed in the same manner as the original application.

(Code 1984, § 61-3-282; Ord. No. 11-05, § 1(61-3-282), eff. 5-28-2005)

Appeals of decisions by the Buildings, Safety Engineering, and Environmental Department on regulated use permit applications shall be made to the Board of Zoning Appeals within 14 days of the date of the Department's decision on the matter in accordance with the provisions of Section 50-4-103 of this Code.

(Code 1984, § 61-3-283; Ord. No. 11-05, § 1(61-3-283), eff. 5-28-2005)

Any decision of the Board of Zoning Appeals may be appealed as specified in the Michigan Zoning Enabling Act, being MCL 125.3101 et seq., and in the Michigan Court Rules.

(Code 1984, § 61-3-284; Ord. No. 11-05, § 1(61-3-284), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-284), eff. 12-21-2006)

No application for a regulated use which has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions.

(Code 1984, § 61-3-285; Ord. No. 11-05, § 1(61-3-285), eff. 5-28-2005)

In any case where a permit for a regulated use has not been obtained within six months after the granting of said use, the grant shall be null and void without further action by the Buildings, Safety Engineering, and Environmental Department or the Board of Zoning Appeals, except, that the Buildings, Safety Engineering, and Environmental Department or, where applicable, the Board of Zoning Appeals may extend, without further public hearing, said six-month deadline for no more than 12 months beyond the expiration date of the original six months. Where this extension expires, no additional extension shall be authorized, unless a new application has been filed and a further public hearing has been held. Notwithstanding the preceding, no such extension may be considered in the case of a land use that was unlawfully established or expanded and that was subsequently legalized as a result of a regulated land use hearing.

(Code 1984, § 61-3-286; Ord. No. 11-05, § 1(61-3-286), eff. 5-28-2005)

In the development and execution of this chapter, it is recognized that the leisure time and service uses categorized may contribute to the viability of surrounding neighborhoods where the placement of such land uses is controlled. However, it is recognized that the concentration of certain leisure time or service uses within a given area may produce a deleterious effect on neighboring properties, and often leads to loitering, crowding, littering, traffic congestion, parking shortages, noise, and security problems. The purpose of the "controlled use" category is to disperse the controlled uses listed in Section 50-3-402 of this Code and to prevent their concentration, especially near Residentially-zoned areas, in order to achieve a more even distribution of said uses and to provide all segments of the population with more equitable access to them.

(Code 1984, § 61-3-291; Ord. No. 11-05, § 1(61-3-291), eff. 5-28-2005)

The following land uses shall be considered "controlled uses" under this chapter:

(1)

Arcades outside the M1, M2, M3, M4, PC, PCA, or TM Districts;

(2)

Specially designated merchant's (SDM) establishments and/or specially designated distributor's (SDD) establishments; and

(3)

Pool halls outside the B5, B6, M1, M2, M3, M4, PCA, and TM Districts.

(Code 1984, § 61-3-292; Ord. No. 11-05, § 1(61-3-292), eff. 5-28-2005)

(a)

No controlled use shall be permitted to locate:

(1)

Within 500 radial feet from a Residentially-zoned area (R1, R2, R3, R4, R5, R6 or residential PD District);

(2)

Within 2,000 radial feet of two other legally established controlled uses; or

(3)

Within 500 radial feet of a school site.

(b)

See Section 50-12-127 of this Code for more information on spacing requirements in the City.

(Code 1984, § 61-3-293; Ord. No. 11-05, § 1(61-3-293), eff. 5-28-2005)

Consistent with the provisions of Section 50-15-30 of this Code, the Board of Zoning Appeals shall not consider any change of nonconforming use to a controlled use.

(Code 1984, § 61-3-294; Ord. No. 11-05, § 1(61-3-294), eff. 5-28-2005)

(a)

Generally. As provided for in this chapter, any person who owns or has an interest in the subject property may file an application to use or occupy the property as a controlled use in the zoning district where the land is situated. Such application shall be filed with the Buildings, Safety Engineering, and Environmental Department, together with tentative plans, including, but not limited to, site plans, floor plans, elevations, and any other data prescribed and needed by the Buildings, Safety Engineering, and Environmental Department. (See Figure 50-3-421.)

(b)

Ineligibility for application; exceptions. Pursuant to Section 406(2) of the Michigan Zoning Enabling Act, being MCL 125.3406(2), a person is ineligible to apply for a controlled use where the person is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the Blight Administrative Hearings Bureau under Chapter 3, Article II, of this Code, Enforcement of Blight Violations. This ineligibility does not apply to an applicant for a zoning authorization if the applicant became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure as provided for in Section 406(3) of the Michigan Zoning Enabling Act, being MCL 125.3406(3). Further, this ineligibility does not apply if the zoning authorization will correct, in whole or in part, the blight violation that was the subject of the delinquent payment.

Figure 50-3-421
(For Informational Purposes Only)
Controlled Uses

(Code 1984, § 61-3-301; Ord. No. 11-05, § 1(61-3-301), eff. 5-28-2005; Ord. No. 38-14, § 1(61-3-301), eff. 10-16-2014)

Where a public hearing is required for approval in a given zoning district, no approval of a controlled use shall be issued until the Buildings, Safety Engineering, and Environmental Department has held a public hearing at a time and place to be determined by the Department. The hearing shall be conducted and a record of the proceedings shall be preserved in accordance with the administrative rules that are promulgated by the Director pursuant to Section 2-111 of the Charter. The Planning and Development Department is authorized to attend all controlled use hearings at the Buildings, Safety Engineering, and Environmental Department and, when such cases are appealed, at the Board of Zoning Appeals.

(Code 1984, § 61-3-302; Ord. No. 11-05, § 1(61-3-302), eff. 5-28-2005)

(a)

Notice of public hearings on controlled uses shall be published, mailed and posted, in accordance with Section 50-3-7 through Section 50-3-11 of this Code, not less than 15 days before the date of the public hearing. The Buildings, Safety Engineering, and Environmental Department shall give additional notice of the hearing as it deems necessary. (See Figure 50-3-421.)

(b)

The notice of public hearings shall state that an application for a controlled use has been received. In addition, the notice shall state whether waiver of any spacing requirements has been requested pursuant to Subdivision C of this division.

(Code 1984, § 61-3-303; Ord. No. 11-05, § 1(61-3-303), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-303), eff. 12-21-2006)

(a)

As specified in Section 50-3-113(5) of this Code, applications for a controlled land use grant require preliminary approval of a site plan by the Planning and Development Department.

(b)

Except in cases of "expedited review," as provided for in Section 50-3-131 of this Code, the public hearing required for a controlled use shall not take place until the Planning and Development Department has approved the preliminary site plan.

(c)

A representative of the Planning and Development Department is authorized to be present at all hearings on controlled land use proposals at the Buildings, Safety Engineering, and Environmental Department and, when such cases are appealed, at the Board of Zoning Appeals, and to make recommendations on the same.

(d)

In controlled use cases, the Planning and Development Department shall have 15 business days following the public hearing to submit a recommendation to the Buildings, Safety Engineering, and Environmental Department with regard to the land use, apart from matters which relate to revisions to approve preliminary site plan. Failure to submit a recommendation in a timely fashion shall be deemed to be approval by the Planning and Development Department. Planning and Development Department approval of a final site plan is required before the Buildings, Safety Engineering, and Environmental Department issues any zoning grant for a controlled use.

(Code 1984, § 61-3-304; Ord. No. 11-05, § 1(61-3-304), eff. 5-28-2005)

(a)

The Buildings, Safety Engineering, and Environmental Department shall review any application for a controlled use and the recommendation of the Planning and Development Department with regard to such use. The Buildings, Safety Engineering, and Environmental Department shall approve, approve with conditions, or deny the application for a controlled use grant. The Buildings, Safety Engineering, and Environmental Department's decision shall specify the basis for the decision and any conditions imposed.

(b)

The Buildings, Safety Engineering, and Environmental Department shall not approve any controlled use where the proposed use would violate the spacing requirements in Section 50-3-403 of this Code, unless the Department reviews the application and grants a waiver of the spacing requirements as provided for in Subdivision C of this division.

(c)

The Buildings, Safety Engineering, and Environmental Department may require proof of correction of any violations or deficiencies prior to the approval of any zoning grant.

(Code 1984, § 61-3-305; Ord. No. 11-05, § 1(61-3-305), eff. 5-28-2005)

Where a permit application requires both a controlled use grant and also a variance, the applicant shall proceed through the former process first, and shall seek the variance only after obtaining the necessary approval from the Buildings, Safety Engineering, and Environmental Department. This provision shall not affect the ability of the appropriate review body to grant administrative adjustments in accordance with Article IV, Division 6, of this chapter. Where a variance is required for a controlled use prior to issuance of a permit, the Buildings, Safety Engineering, and Environmental Department shall specify in any decision which approves the land use that final approval is contingent on the granting of the appropriate variance by the Board of Zoning Appeals. In the event a controlled use decision of the Buildings, Safety Engineering, and Environmental Department is appealed to the Board of Zoning Appeals, the Board shall first decide whether to affirm or reverse the decision of the Buildings, Safety Engineering, and Environmental Department before considering a variance issue.

(Code 1984, § 61-3-306; Ord. No. 11-05, § 1(61-3-306), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-306), eff. 5-29-2005)

The Buildings, Safety Engineering, and Environmental Department may waive the spacing requirements as provided for in Section 50-3-442 through Section 50-3-444 of this Code. Any such waiver shall be documented by a statement of facts upon which such determination was made.

(Code 1984, § 61-3-311; Ord. No. 11-05, § 1(61-3-311), eff. 5-28-2005)

(a)

The prohibition relating to the location of a controlled use within 500 feet of land zoned R1, R2, R3, R4, R5, R6, or residential PD shall be waived upon presentation to the Buildings, Safety Engineering, and Environmental Department of a verified petition requesting such waiver, signed by two-thirds of those persons owning, residing, or doing business on land, other than vacant land that is designated by the City Assessor as "unimproved," within 500 feet of the proposed location:

(1)

The Buildings, Safety Engineering, and Environmental Department shall adopt rules and regulations that govern the procedure for securing the petition of consent provided for in this section. The rules shall provide that the circulator of the petition requesting a waiver shall be at least 18 years of age and shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the Buildings, Safety Engineering, and Environmental Department, that the circulator personally witnessed the signatures on the petition, and that the same were affixed to the petition by the person whose name appeared thereon;

(2)

The Buildings, Safety Engineering, and Environmental Department shall not consider the waiver of spacing requirements until the above-described petition, where required, shall have been filed and verified (see also Section 50-12-125 of this Code);

(3)

Failure to obtain signatures from the required two-thirds of eligible persons means that no hearing may be held by the Buildings, Safety Engineering, and Environmental Department.

(b)

For purposes of this chapter, the term "first body of jurisdiction" means that body which has the authority to approve or deny a use.

(Code 1984, § 61-3-312; Ord. No. 11-05, § 1(61-3-312), eff. 5-28-2005; Ord. No. 20-05, § 1(61-3-312), eff. 5-29-2005; Ord. No. 34-05, § 1(61-3-312), eff. 12-6-2005; Ord. No. 37-17, § 1(61-3-312), eff. 2-6-2018)

The prohibition that relates to the location of a controlled use within 2,000 feet of two other legally established controlled uses may be waived, provided, that any one of the following findings is made by the Buildings, Safety Engineering, and Environmental Department, except, that as provided for in Section 50-15-30 of this Code, in no case shall a controlled use be established in any zoning district where such a use is not permitted by right or as a conditional use:

(1)

The proposed controlled use would be the only one within a neighborhood shopping center which is comprised of a group of two or more commercial establishments, organized or operating as a unit, that consists of not less than 50,000 square feet of usable retail space and providing at least one private, off-street parking space for each 200 square feet of gross floor area, notwithstanding the provisions of Section 50-14-91(2) of this Code; and

(2)

The proposed controlled use will contribute to the social, economic, aesthetic, or physical improvements of the surrounding neighborhood as determined and documented by the Director of the Planning and Development Department.

(Code 1984, § 61-3-313; Ord. No. 11-05, § 1(61-3-313), eff. 5-28-2005)

The prohibition that relates to the location of a controlled use within 500 radial feet of a school site shall be waived by the Buildings, Safety Engineering, and Environmental Department where, subsequent to a public hearing, a finding is made that the establishment of the controlled use will not impede the normal and orderly development, operation, and improvement of the school.

(Code 1984, § 61-3-314; Ord. No. 11-05, § 1(61-3-314), eff. 5-28-2005)

No controlled use shall be approved by the Buildings, Safety Engineering, and Environmental Department, or the Board of Zoning Appeals on appeal, except in accordance with the following criteria:

(1)

The approval criteria specified in Section 50-3-281 of this Code for any controlled use that is permitted on a conditional basis in a given zoning district;

(2)

The use regulations for the specific use involved as specified in Article XII of this chapter;

(3)

The zoning district regulations where the property is located;

(4)

Any historic district regulations that are applicable to the property; and

(5)

Any development plan regulations that are applicable to the property.

(Code 1984, § 61-3-321; Ord. No. 11-05, § 1(61-3-321), eff. 5-28-2005)

(a)

Certain modifications of numeric standards for controlled uses may be granted in accordance with Section 50-4-122 of this Code.

(b)

The Buildings, Safety Engineering, and Environmental Department, or the Board of Zoning Appeals upon appeal, may impose reasonable conditions or limitations upon the establishment, location, construction, maintenance, or operation of the controlled use as may in its judgment be necessary for the protection of the public interest, health, safety, welfare and environment, and to secure compliance with the approval criteria of Section 50-3-381 of this Code and in accordance with Section 50-3-382 of this Code.

(c)

To ensure compliance with this chapter and any conditions imposed under this chapter, the Buildings, Safety Engineering, and Environmental Department or the Board of Zoning Appeals, as applicable, may require a performance guarantee, as provided for in Article XIV, Division 8, of this chapter, to ensure faithful completion of improvements associated with the project. (See the definition of the term "improvements" in Article XVI, Division 2, Subdivision J, of this chapter.)

(d)

Modifications. A request for changes in conditions of approval of a controlled use, or a change to development plans that would affect a condition of approval, shall be processed in the same manner as the original application.

(Code 1984, § 61-3-322; Ord. No. 11-05, § 1(61-3-322), eff. 5-28-2005; Ord. No. 31-15, § 1(61-3-322), eff. 3-1-2016)

No application for a controlled use which has been denied, wholly or in part, shall be resubmitted for a period of one year from the date of said order or denial, except on the grounds of new evidence or proof of changed conditions.

(Code 1984, § 61-3-323; Ord. No. 11-05, § 1(61-3-323), eff. 5-28-2005)

Appeals of decisions by the Buildings, Safety Engineering, and Environmental Department on controlled use permit applications shall be taken to the Board of Zoning Appeals within 14 days of the date of the Department's decision on the matter in accordance with the provisions of Section 50-4-103 of this Code.

(Code 1984, § 61-3-324; Ord. No. 11-05, § 1(61-3-324), eff. 5-28-2005)

Any decision of the Board of Zoning Appeals may be appealed as specified in the Michigan Zoning Enabling Act, being MCL 125.3101 et seq., and in the Michigan Court Rules.

(Code 1984, § 61-3-325; Ord. No. 11-05, § 1(61-3-325), eff. 5-28-2005; Ord. No. 44-06, § 1(61-3-325), eff. 12-21-2006)

In any case where a permit for controlled use has not been obtained within six months after the granting of said use, the permit approval shall be null and void without further action by the Buildings, Safety Engineering, and Environmental Department or the Board of Zoning Appeals, except in cases involving the legalization of an already established controlled use, the Buildings, Safety Engineering, and Environmental Department, or, where applicable, the Board of Zoning Appeals, may extend, without further public hearing, said six-month deadline for no more than 12 months beyond the expiration date of the original six months. Where this extension expires, no additional extension shall be authorized, unless a new application has been filed and a further public hearing has been held.

(Code 1984, § 61-3-326; Ord. No. 11-05, § 1(61-3-326), eff. 5-28-2005; Ord. No. 31-15, § 1(61-3-326), eff. 3-1-2016)