This division details procedures and regulations, which apply under this chapter to particular uses on properties within a District Area that is established in accordance with Section 74 of the Michigan Blighted Areas Rehabilitation Act, being MCL 125.74 for urban renewal, where a Development Plan under Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74 has been adopted.

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

(a)

The Planning and Development Department shall be the custodian of adopted development plans.

(b)

The provisions of each Development Plan that is adopted under Section 74 of the Michigan Blighted Areas Rehabilitation Act, being MCL 125.74, for urban renewal shall apply in the same manner as the provisions of an overlay district. In accordance with Section 50-1-9 of this Code, where the provisions of this chapter conflict with the provisions of a Development Plan, the more restrictive provision shall control.

(c)

A Development Plan that is adopted under Section 74 of the Michigan Blighted Areas Rehabilitation Act, being MCL 125.74, for urban renewal is required to be amended pursuant to the Michigan Blighted Area Rehabilitation Act, being MCL 125.71 et seq., provided, that minor modifications of a Development Plan may be authorized by the Board of Zoning Appeals in accordance with Section 50-2-74 of this Code.

(Code 1984, §§ 61-4-1, 61-4-2, 61-4-3; Ord. No. 11-05, § 1(61-4-1, 61-4-2, 61-4-3), eff. 5-28-2005)

Twenty-Five District Areas that were established between June 18, 1957 and December 16, 1981 pursuant to Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, are listed in Table 50-4-3 of this Code. These District Areas were contained in Chapter 2, Article X, of the 1964 Detroit City Code and incorporated by reference into the 1984 Detroit City Code through Section 1-1-7. During the pendency of the City's bankruptcy proceedings, the City's Emergency Manager issued Order No. 36, titled "Order to Repeal Chapter 14, Article VI, of the 1984 Detroit City Code," which, through Ordinance No. 34-14, explicitly repealed Chapter 14, Article VI, of the 1984 Detroit City Code, Citizens' District Councils, and, as a result of the repeal of Chapter 14, Article VI, of the 1984 Detroit City Code, extinguished by operation of law any zones or designated areas established pursuant to Section 74 of the Michigan Blighted Areas Rehabilitation Act, being MCL 125.74, thereby implicitly repealing the 25 District Areas that were contained in Chapter 2, Article X, of the 1964 Detroit City Code. Although the 25 District Areas are no longer in effect, they are listed for informational purposes in Table 50-4-3 of this Code.

Table 50-4-3. Former District Areas
(For Informational Purposes Only)

(Code 1984, § 61-4-4; Ord. No. 11-05, § 1(61-4-4), eff. 5-28-2005; Ord. No. 24-08, § 1(61-4-4), eff. 11-1-2008)

(a)

Thirty-eight Development Plans that were adopted and amended between June 18, 1957 and December 16, 2009 pursuant to Section 74 of the Michigan Blighted Area Rehabilitation Act, being MCL 125.74, are listed in Table 50-4-4 of this Code. These Development Plans were contained in Chapter 2, Articles XI through LVI, of the 1964 Detroit City Code and incorporated by reference into the 1984 Detroit City Code through Section 1-1-7. During the pendency of the City's bankruptcy proceedings, the City's Emergency Manager issued Order No. 36, titled "Order to Repeal Chapter 14, Article VI, of the 1984 Detroit City Code," which, through Ordinance No. 34-14, explicitly repealed Chapter 14, Article VI, of the 1984 Detroit City Code, Citizens' District Councils, and, as a result of the repeal of Chapter 14, Article VI, of the 1984 Detroit City Code, extinguished by operation of law any zones or designated areas established pursuant to Section 74 of the Michigan Blighted Areas Rehabilitation Act, being MCL 125.74, thereby implicitly repealing the 38 Development Plans that were contained in Chapter 2, Articles XI through LVI, of the 1964 Detroit City Code. Although the 38 Development Plans are no longer in effect, they are listed for informational purposes in Table 50-4-4 of this Code.

(b)

The Planning and Development Department and the City Council Legislative Policy Division are the custodians of former 38 Development Plans.

Table 50-4-4. Former Development Plans
(For Informational Purposes Only)

(Code 1984, §§ 61-4-1, 61-4-2, 61-4-3, 61-4-4; Ord. No. 11-05, § 1(61-4-1, 61-4-2, 61-4-3, 61-4-4), eff. 5-28-2005; Ord. No. 24-08, § 1(61-4-4), eff. 11-1-2008)

The provisions of this division shall apply to all proposed temporary uses as set forth in Article XII, Division 6, of this chapter, unless otherwise specifically exempted.

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

Applications for a temporary use permit shall be submitted to the Director of the Buildings, Safety Engineering, and Environmental Department.

(1)

The application shall include the following information:

a.

Name, address, and telephone number of the applicant;

b.

A written description of the temporary use activity, including location, dates of activity, hours of operation, traffic and parking management plan, waste disposal plan, and measures to minimize any negative impacts;

c.

Proof of property ownership or, where the applicant is not the owner of the land, an affidavit of the property owner which approves the temporary use specifying the activity, dates of activity, and hours of operation;

d.

A site plan, to scale, that illustrates property lines, existing structures, drives and parking areas, location of the temporary use, parking for the temporary use, and any other information deemed to be necessary by the Buildings, Safety Engineering, and Environmental Department; and

e.

Where applicable, the type of food and beverages to be served for which approval may be required by the Health Department.

(2)

In addition, the City may require a performance bond to ensure proper cleanup and may require liability insurance coverage be carried; and

(3)

See Figure 50-4-22.

Figure 50-4-22
(For Informational Purposes Only)
Temporary Use Permits

(Code 1984, § 61-4-12; Ord. No. 11-05, § 1(61-4-12), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

The Director of the Buildings, Safety Engineering, and Environmental Department shall review each application for a temporary use permit and act to approve, approve with conditions, or deny the application based on the approval criteria of Section 50-4-24 of this Code. The Director of the Buildings, Safety Engineering, and Environmental Department shall make every effort to take final action on the application within ten days of receipt of a complete application. Such decisions may not be appealed to the Board of Zoning Appeals.

(Code 1984, § 61-4-13; Ord. No. 11-05, § 1(61-4-13), eff. 5-28-2005)

Temporary use permits may be approved by the Director of the Buildings, Safety Engineering, and Environmental Department in accordance with the following:

(1)

The proposed temporary use shall be located, operated, and maintained in a manner that is consistent with the provisions of Article XII, Division 6, Subdivision B, of this chapter;

(2)

In the determination of the Director of the Buildings, Safety Engineering, and Environmental Department, approval of the application shall not be detrimental to property or improvements in the surrounding area, or to the public health, safety, general welfare, or natural environment;

(3)

Adequate provision shall be made for temporary parking facilities, vehicular ingress and egress, and pedestrian circulation;

(4)

Where applicable, adequate provision of sanitary facilities shall be made;

(5)

There shall be no existing violations of this Code on the proposed site; and

(6)

Measures shall be taken to minimize the impact of nuisance factors upon properties adjacent or across an alley, including, but not limited to, glare or direct illumination, noise, vibration, smoke, dust, dirt, odors, gases, and heat.

(Code 1984, § 61-4-14; Ord. No. 11-05, § 1(61-4-14), eff. 5-28-2005)

In granting a temporary use permit, the Director of the Buildings, Safety Engineering, and Environmental Department may impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the neighborhood, and to carry out the stated purposes of this chapter and of the Detroit Master Plan of Policies.

(Code 1984, § 61-4-15; Ord. No. 11-05, § 1(61-4-15), eff. 5-28-2005)

An approved temporary use permit shall be effective on the date of its approval.

(Code 1984, § 61-4-16; Ord. No. 11-05, § 1(61-4-16), eff. 5-28-2005)

Temporary use permits shall be valid for the period of time specified by the Buildings, Safety Engineering, and Environmental Department on the permit. Any such permit shall also specify the date for removal of the temporary use and cleanup of the site.

(Code 1984, § 61-4-17; Ord. No. 11-05, § 1(61-4-17), eff. 5-28-2005)

(a)

The temporary use permit shall be displayed on site at all times while the use is in operation.

(b)

Cleanup of the site shall be completed by the date that is specified for removal of the temporary use.

(Code 1984, § 61-4-18; Ord. No. 11-05, § 1(61-4-18), eff. 5-28-2005)

A temporary use permit shall lapse where not used within the dates approved.

(Code 1984, § 61-4-19; Ord. No. 11-05, § 1(61-4-19), eff. 5-28-2005)

(a)

A temporary use permit may be revoked by the Director of the Buildings, Safety Engineering, and Environmental Department under any of the following circumstances:

(1)

The permit holder fails to comply with the approval criteria in Section 50-4-24 of this Code or any conditions imposed by Section 50-4-25 of this Code or any required provision from Article XII, Division 6, of this Code regarding temporary uses and structures.

(2)

Information submitted with the permit application is found to be false or misleading.

(3)

The temporary use poses a threat to the public health or safety of the community.

(4)

The property owner rescinds his or her approval of the temporary use.

(b)

The Director of the Buildings, Safety Engineering, and Environmental Department shall issue to the permit holder a written notice of the revocation and the reason for the revocation.

(Code 1984, § 61-4-20; Ord. No. 08-12, § 1(61-4-20), eff. 6-5-2012)

Applications for written interpretations of the text of this chapter shall be submitted to the Director of the Buildings, Safety Engineering, and Environmental Department. See Section 50-1-7 of this Code for interpretations of zoning maps and also Figure 50-4-81.

Figure 50-4-81
(For Informational Purposes Only)
Written Interpretations

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

Within 30 days of receipt of a complete application for a written interpretation, the Director of the Buildings, Safety Engineering, and Environmental Department shall:

(1)

Review and evaluate the application in light of this chapter and any other relevant documents;

(2)

Consult with the Planning and Development Department, as necessary, with regard to the Master Plan and with the Law Department and/or other staff regarding other relevant documents; and

(3)

Render a written interpretation.

(Code 1984, § 61-4-62; Ord. No. 11-05, § 1(61-4-62), eff. 5-28-2005)

The interpretation shall be provided to the applicant in writing and shall be filed in the official record of interpretations. A copy of written interpretations shall be forwarded by the Buildings, Safety Engineering, and Environmental Department to the City Planning Commission, the Board of Zoning Appeals, the Planning and Development Department, and the Law Department.

(Code 1984, § 61-4-63; Ord. No. 11-05, § 1(61-4-63), eff. 5-28-2005)

An official record of interpretations shall be kept on file in the Buildings, Safety Engineering, and Environmental Department. The record of interpretations shall be available for public inspection in the Buildings, Safety Engineering, and Environmental Department during normal business hours.

(Code 1984, § 61-4-64; Ord. No. 11-05, § 1(61-4-64), eff. 5-28-2005)

Appeals of a director's written interpretation shall be taken to the Board of Zoning Appeals in accordance with the procedures of Section 50-4-103 of this Code. Where the appeal results in a change of interpretation, the new interpretation shall be filed with the official record of interpretations.

(Code 1984, § 61-4-65; Ord. No. 11-05, § 1(61-4-65), eff. 5-28-2005)

Where an applicant seeks a written interpretation of how the text and maps of this chapter apply to a particular property, the Buildings, Safety Engineering, and Environmental Department shall issue a zoning verification letter. The zoning verification letter shall be prepared in light of that property's permit history and upon payment of the fee that is prescribed in the schedule of fees.

(Code 1984, § 61-4-66; Ord. No. 11-05, § 1(61-4-66), eff. 5-28-2005)

The Board of Zoning Appeals shall hear and decide appeals from and review any order, requirement, decision, or determination that is made by an administrative official in the administration of this chapter, or any decision made by the Buildings, Safety Engineering, and Environmental Department involving conditional uses, regulated uses, or controlled uses, or any denial of a site plan by the Planning and Development Department. Nothing contained in this section shall be deemed to authorize the Board to reverse or adjust any order or decision which conforms to the provisions of this chapter. (See Figure 50-4-101.)

Figure 50-4-101
(For Informational Purposes Only)
Appeals

(Code 1984, § 61-4-71; Ord. No. 11-05, § 1(61-4-71), eff. 5-28-2005; Ord. No. 01-10, § 1(61-4-71), eff. 4-1-2010)

Appeals to the Board of Zoning Appeals may be taken by any person, firm, partnership or corporation, or by any City department, commission, board or other City agency which is aggrieved:

(1)

By a decision of an enforcing officer; or

(2)

By any decision made by the Buildings, Safety Engineering, and Environmental Department involving conditional uses, regulated uses, or controlled uses; or

(3)

By any denial of a site plan by the Planning and Development Department.

(Code 1984, § 61-4-72; Ord. No. 11-05, § 1(61-4-72), eff. 5-28-2005; Ord. No. 20-05, § 1(61-4-72), eff. 5-29-2005)

Appeals of administrative decisions shall be filed with the Buildings, Safety Engineering, and Environmental Department, upon the form provided, and within the time specified by the Board of Zoning Appeals. Upon receiving notice of the filing of such an appeal, the enforcing official shall transmit to the Board all papers which constitute the record upon which the action appealed from was taken.

(Code 1984, § 61-4-73; Ord. No. 11-05, § 1(61-4-73), eff. 5-28-2005)

The Board of Zoning Appeals shall not act without consideration of any report or recommendation that is submitted by the Planning and Development Department as specified in Section 50-2-51(1) of this Code or by any advisory review committee as provided for in Article II, Division 6, of this chapter.

(Code 1984, § 61-4-74; Ord. No. 11-05, § 1(61-4-74), eff. 5-28-2005)

The Board of Zoning Appeals may require proof of correction of any violation or deficiency prior to the approval of any zoning grant.

(Code 1984, § 61-4-75; Ord. No. 11-05, § 1(61-4-75), eff. 5-28-2005; Ord. No. 01-10, § 1(61-4-75), eff. 4-1-2010)

No appeal to the Board of Zoning Appeals which has been denied, wholly or in part, shall be resubmitted for a period of one year from the effective date of said order of denial, except on the grounds of new evidence or proof of a change of conditions found to be valid by the Board. Applications for a rehearing shall be in writing and be subject to the rules of procedure.

(Code 1984, § 61-4-76; Ord. No. 11-05, § 1(61-4-76), eff. 5-28-2005)

An appeal stays all proceedings in furtherance of the action appealed from, unless the Director of the Buildings, Safety Engineering, and Environmental Department, or of the Planning and Development Department, from whose department the appeal is taken, certifies to the Board of Zoning Appeals that, by reason of facts that are stated in the certificate, a stay would cause, in such Director's opinion, imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record, on application, on notice to the respective director from whose department the appeal is taken.

(Code 1984, § 61-4-77; Ord. No. 11-05, § 1(61-4-77), eff. 5-28-2005)

Administrative adjustments and variances may be approved only upon a finding:

(1)

That the modification is necessary to satisfy the federal requirements for a reasonable accommodation under the Federal Fair Housing Act, being 42 USC 3601 et seq., or

(2)

That all of the following criteria have been met:

a.

The requested variance or administrative adjustment is consistent with the Master Plan and the spirit, purpose, and intent of this chapter;

b.

There are practical difficulties that prevent carrying out the strict letter of this chapter;

c.

The requested variance or administrative adjustment eliminates a practical difficulty to the applicant;

d.

The requested variance or administrative adjustment will have no significant adverse impact on the health, safety, or general welfare of surrounding property owners or the general public or upon the natural environment;

e.

Any adverse impacts resulting from the variance or administrative adjustment will be mitigated to the maximum extent practicable;

f.

The requested variance or administrative adjustment is required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general;

g.

The special circumstances and conditions that account for the need for a variance or administrative adjustment are not the result of the applicant's actions;

h.

The variance or administrative adjustment shall not permit the establishment, within a zoning district, of any use which is prohibited within the district;

i.

The variance or administrative adjustment would do substantial justice to the applicant as well as to other property owners in the district, and a lesser relaxation would not give substantial relief; and

j.

In the case of City-owned land or property to be sold, the requested variance or administrative adjustment shall not conflict with the terms or conditions of the sale.

(Code 1984, § 61-4-81; Ord. No. 11-05, § 1(61-4-81), eff. 5-28-2005)

Administrative adjustments are:

(1)

Modifications of ten percent or less of any numeric standard that is set forth in Article XIII of this chapter or any numeric development standard that is set forth in Article XIV of this chapter;

(2)

Reductions of off-street parking requirements for any use by up to ten spaces as provided for in Section 50-14-153 of this Code; or

(3)

Reductions of not more than two percent of any spacing and locational requirement for medical marijuana facilities or for adult-use marijuana establishments as specified in Section 50-12-132 of this Code.

(Code 1984, § 61-4-82; Ord. No. 11-05, § 1(61-4-82), eff. 5-28-2005; Ord. No. 37-17, § 1(61-4-82), eff. 2-6-2018; Ord. No. 2023-29, § 1, eff. 8-10-2023)

Administrative adjustments shall not authorize any of the following:

(1)

To approve a use that is not listed as a by-right use or conditional use in Article XII of this chapter;

(2)

To approve an adjustment that would result in the creation of another noncompliance on the subject lot or parcel;

(3)

To grant an increase in maximum development density;

(4)

To grant an increase in any maximum building height on, adjacent to, or across an alley from land that is zoned R1, R2, R3, R4, R5, R6, or residential PD, and that is developed as residential; or

(5)

To reduce any buffering, fencing, lighting, noise, setbacks, or other standard designed to protect residential neighborhoods across an alley from, or adjacent to, an R1, R2, or R3 District.

(Code 1984, § 61-4-83; Ord. No. 11-05, § 1(61-4-83), eff. 5-28-2005)

(a)

Applications requiring site plan review. In zoning districts R1, R2, R3, R4, R5, R6, B1, B2, B3, B4, B5, B6, M1, M2, M3, M4, M5, P1, TM, PR, W1, MKT, SD1, SD2, and SD4 with less than three acres, the Planning and Development Department shall have authority to grant administrative adjustments for development proposals that are required to obtain site plan approval, pursuant to the review procedures and approval criteria set forth in this division. In zoning districts PD, PC, PCA, SD4 with three acres or more, and SD5, the City Council shall have authority to similarly grant administrative adjustments. Administrative adjustments shall not be reviewed or approved until technical review comments pertaining to the preliminary site plan review process have been received and reviewed. In cases of permit applications that require site plan review, administrative adjustments shall be granted only during the site plan review process.

(b)

Applications not requiring site plan review. The Buildings, Safety Engineering, and Environmental Department shall have authority to grant administrative adjustments for all development proposals that do not require site plan approval, pursuant to the review procedures and approval criteria set forth in this division and a public hearing shall not be required. Such requests shall be reviewed by a designated officer of the Buildings, Safety Engineering, and Environmental Department who shall grant the administrative adjustment, where the criteria specified in Section 50-4-121 of this Code have been met to the satisfaction of the designated officer. The Buildings, Safety Engineering, and Environmental Department shall involve other such departments as necessary for proper review, including, but not limited to, the Planning and Development Department and the Recreation Department.

(Code 1984, § 61-4-84; Ord. No. 11-05, § 1(61-4-84), eff. 5-28-2005; Ord. No. 2022-17, § 1, eff. 10-4-2022)

(a)

Generally. An application for an administrative adjustment shall be submitted to the appropriate review body along with the development application to which the requested administrative adjustment pertains.

(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 an administrative adjustment 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, § 61-4-85; Ord. No. 11-05, § 1(61-4-85), eff. 5-28-2005; Ord. No. 38-14, § 1(61-4-85), eff. 10-16-2014)

The review body shall review each application for an administrative adjustment and shall act to approve, approve with conditions, or deny the application based on the approval criteria of Section 50-4-121 of this Code.

(Code 1984, § 61-4-86; Ord. No. 11-05, § 1(61-4-86), eff. 5-28-2005)

The decision of the review body shall be accompanied by written findings of fact. Those written findings of fact shall be kept on file with the appropriate review body.

(Code 1984, § 61-4-87; Ord. No. 11-05, § 1(61-4-87), eff. 5-28-2005)

Appeals of decisions on administrative adjustments that are made by the Planning and Development Department or the Buildings, Safety Engineering, and Environmental Department may be taken to the Board of Zoning Appeals in accordance with the provisions of Division 5, of this article. Appeals of decisions on administrative adjustments made by the City Council may not be taken to the Board of Zoning Appeals.

(Code 1984, § 61-4-88; Ord. No. 11-05, § 1(61-4-88), eff. 5-28-2005)

(a)

Generally. The Board of Zoning Appeals may vary the requirements and limitations that are imposed by this chapter, which pertain to dimensional requirements, use regulations, locational/spacing requirements, or general development standards of various land use where strict application of such requirements or standards would result in practical difficulty and where all applicable standards and approval criteria of this division are met, including those of Section 50-4-121 of this Code.

(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 variance 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 Board shall deny those requests that are not in harmony with the intent and purpose of this chapter. The Board of Zoning Appeals may require proof of correction of any violation or deficiency prior to the approval of any zoning grant. A public hearing shall be required. (See Figure 50-4-129.)

Figure 50-4-129
(For Informational Purposes Only)
Variances

(Code 1984, § 61-4-89; Ord. No. 11-05, § 1(61-4-89), eff. 5-28-2005; Ord. No. 38-14, § 1(61-4-89), eff. 10-16-2014)

Notice of public hearings on variance requests shall be published, mailed, and posted, in accordance with Section 50-2-67 of this Code and Section 50-3-7 through Section 50-3-11 of this Code, not less than 15 days prior to the public hearing.

(Code 1984, § 61-4-90; Ord. No. 11-05, § 1(61-4-90), eff. 5-28-2005; Ord. No. 13-11, § 1(61-4-90), eff. 8-23-2011)

The Board of Zoning Appeals shall be authorized to hear dimensional variance requests for matters that are beyond the scope of Buildings, Safety Engineering, and Environmental Department's ten percent administrative adjustments (see Section 50-2-21(9) of this Code). Said dimensional variances may be granted in the following seven instances based on the approval criteria of Section 50-4-121 of this Code, except as may be limited or restricted by other provisions of this chapter:

(1)

Location or amount of off-street parking. For a variance from the required location of off-street parking facilities or the amount of off-street parking facilities required, or both, where, after investigation by the Board, it is found that such modification is necessary to secure an appropriate development of a specific parcel of land, provided, that any such modification will not be inconsistent with other requirements and general purpose of this chapter; or

(2)

Loading spaces. For a variance of the loading space provisions of Article XIV, Division 1, Subdivision D, of this chapter where, after investigation by the Board, it is ascertained that the volume of vehicular service will not require complete compliance with said provisions, or that variance will not cause undue interference with the public use of the streets or alleys or imperil public safety, and where the requested variance will not be inconsistent with the spirit and purpose of this chapter; or

(3)

Height requirements in airport overlay zones. For a variance of the height requirements, as specified in the airport overlay zones "A," "B," or "AA," after obtaining and giving due consideration to a report and favorable recommendation from the Airport Department regarding its interests in the matter under consideration, provided, that said modification variance will not be injurious to contiguous or neighboring properties, or contrary to the spirit and intent of this chapter; or

(4)

General dimensional standards. For a variance of the minimum lot area, minimum lot width, minimum setbacks, maximum height (except as provided in Section 50-13-157 of this Code for the SD4 District), maximum lot coverage, recreational space ratio (RSR), maximum floor area ratio (FAR) (except as provided in Section 50-13-157 of this Code for the SD4 District), bulk, or cubical content as specified in Article XIII of this chapter, except for antennas, and other similar structures, the dimensional variances or adjustments of which are provided for in this chapter provided:

a.

That the open space needs of the potential occupants are adequately served; and

b.

That said facility complies with all appropriate federal and state statutes, Wayne County Code of Ordinances, this Code and their accompanying regulations that control or regulate such use, including all applicable standards of this chapter; or

(5)

Antenna limitations. For a variance of the dimensional limitations of antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.

(Code 1984, § 61-4-91; Ord. No. 11-05, § 1(61-4-91), eff. 5-28-2005; Ord. No. 34-05, § 1(61-4-91), eff. 12-6-2005; Ord. No. 20-06, § 1(61-4-91), eff. 8-10-2006; Ord. No. 24-07, § 1(61-4-91), eff. 7-24-2007; Ord. No. 2020-12, § 1, eff. 12-9-2020)

After a public hearing, a variance may be granted by the Board of Zoning Appeals based on the approval criteria of Section 50-4-121 of this Code in the following instances:

(1)

Variance of use regulation. Except when an administrative adjustment may be granted, the Board of Zoning Appeals may modify any use regulation that is specified in Article XII, Division 2; Article XII, Division 3; Article XII, Division 4; and Article XII, Division 5, Subdivision A; and Article XII, Division 5, Subdivision C, of this chapter and any quantified dimensional standard in Article VI, Division 2; Article VI, Division 3; and Article VI, Division 4, of this chapter, except such provisions that are also specified elsewhere in this Code as requirements for licensing or other regulatory purposes;

(2)

Variance of development standard. Except when an administrative adjustment may be granted, the Board of Zoning Appeals may modify any development standards that are specified in Article XIV of this chapter;

(3)

Variance of spacing/locational regulation. Except when an administrative adjustment may be granted, excluding all adult uses, the Board of Zoning Appeals may modify any spacing or locational regulation, also known as a locational variance, in Section 50-12-127 of this Code in accordance with the procedures in Section 50-12-135 of this Code.

(Code 1984, § 61-4-92; Ord. No. 11-05, § 1(61-4-92), eff. 5-28-2005; Ord. No. 44-06, § 1(61-4-92), eff. 12-21-2006; Ord. No. 01-10, § 1(61-4-92), eff. 4-1-2010)

Modifications from the provisions of Article XIV, Division 5, of this chapter shall be granted only by the Board of Zoning Appeals, after receipt of reports and recommendations from the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division on behalf of the Floodplain Management Review Committee, and upon determination of substantial compliance with the general standards that are contained in this chapter and each of the following specific standards. A modification shall be granted only upon:

(1)

A showing of good and sufficient cause;

(2)

A determination that failure to grant the modifications would result in exceptional hardship to the applicant; and

(3)

A determination that the granting of a modification will not result in flood heights in excess of that permitted in Article XIV, Division 5, of this chapter, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on, or victimization of, the public, or conflict with existing law or this Code.

(Code 1984, § 61-4-93; Ord. No. 11-05, § 1(61-4-93), eff. 5-28-2005)

The flood hazard area modification that is granted shall be the minimum necessary, considering the flood hazard, to afford relief to the applicant.

(Code 1984, § 61-4-94; Ord. No. 11-05, § 1(61-4-94), eff. 5-28-2005)

The Board of Zoning Appeals may attach conditions to the granting of a flood hazard area modification to ensure compliance with the standards contained in this chapter.

(Code 1984, § 61-4-95; Ord. No. 11-05, § 1(61-4-95), eff. 5-28-2005)

No modification of any provision of any zoning grant, that is issued by the Buildings, Safety Engineering, and Environmental Department or the Board of Zoning Appeals, is permitted, unless such modification has previously been the subject of a public hearing by the body that issued the zoning grant.

(Code 1984, § 61-4-141; Ord. No. 11-05, § 1(61-4-141), eff. 5-28-2005; Ord. No. 37-17, § 1(61-4-141), eff. 2-6-2018)

No permit that pertains to the erection, alteration, or use of land, structures, or buildings shall be issued by any department, appointee, or employee of the City, unless an application for such permit has been examined by the Buildings, Safety Engineering, and Environmental Department and the Department certifies that the proposed building, structure, or use complies with all provisions of this chapter. Applicants who are required, but fail to receive final site plan approval, will not be able to receive building permits from the Buildings, Safety Engineering, and Environmental Department. (See Figure 50-4-41.)

Figure 50-4-41
(For Informational Purposes Only)
Building Permits

(Code 1984, § 61-4-31; Ord. No. 11-05, § 1(61-4-31), eff. 5-28-2005)

No vacant land shall be used, or an existing use of land be changed to a different use category or use type, unless a building permit is first obtained for the new or different use.

(Code 1984, § 61-4-32; Ord. No. 11-05, § 1(61-4-32), eff. 5-28-2005)

No building or structure, or part thereof, shall be changed to or occupied by a use of a different kind or class, unless a building permit is first obtained for the new use. Notwithstanding the foregoing general building permit requirement, a building or structure, or part thereof, that was occupied by a Group "D" adult cabaret use as that kind of use was defined on November 1, 2009, may be placed on record by the Buildings, Safety Engineering, and Environmental Department, upon written request of the owner, as a Group "A" cabaret use, a Group "B" cabaret use, or a Group "C" cabaret use without obtaining a building permit for the different use.

(Code 1984, § 61-4-33; Ord. No. 11-05, § 1(61-4-33), eff. 5-28-2005; Ord. No. 01-10, § 1(61-4-33), eff. 4-1-2010)

For zoning purposes, one use shall be considered of a different class or type from any other use, whenever those two uses are distinctly defined or distinctly specified in the lists of permitted uses in the several zoning districts:

(1)

For example, open use of the land for "parking lots or parking areas for the storage or parking of operable motor vehicles" shall be considered as a different class or type of use than the open use of land for "open storage of equipment or supplies for building or construction contractors" because the two uses are distinctly specified in the zoning district use lists. Therefore, even in districts where in this example both the uses are permitted as a matter of right, the change in the use of the land from one use to the other shall require a building permit;

(2)

Conversely, where a land use, which intentionally embraces a number of different possible businesses or operations, such as "stores of a generally recognized retail nature," is specified in this chapter, a change from one business or operation to another business or operation within that same type or class, shall not require a building permit. For example, for zoning purposes, the change from a store which sells new clothing to a store which sells new household appliances shall be considered as a change within the same type or class and shall not require any "change of use" permit, only such building permits as may be required for any interior or exterior alterations, renovation, or remodeling; provided, that a change from a "retail market" to a retail market which also sells beer and wine (SDM) would be a change of use because "specially designated merchant's establishments (SDM)" are distinctly specified.

(Code 1984, § 61-4-34; Ord. No. 11-05, § 1(61-4-34), eff. 5-28-2005)

No building or structure, impervious surface including, but not limited to, a surface parking lot or driveway, or berm, or part thereof, may be constructed, altered, moved, replaced, renovated, or substantially repaired, unless a building permit has been previously issued for such work. The term "altered" shall mean any changes in structure parts, stairways, type of construction, class or kind of occupancy, light or ventilation, means of egress or ingress, or other changes affected or regulated by the Chapter 8, Article II, of this Code, Building Code, or by this chapter, except for incidental repairs, normal maintenance, or changes that do not involve any of these features.

(Code 1984, § 61-4-35; Ord. No. 11-05, § 1(61-4-35), eff. 5-28-2005; Ord. No. 37-17, § 1(61-4-35), eff. 2-6-2018)

All applications for building permits shall be accompanied by a plat, in triplicate, drawn to scale, that shows the actual dimensions of the zoning lot to be built upon, the location of all buildings to be erected, all other buildings on the property, and such other information as may be necessary for the enforcement of this chapter. Applications that are subject to site plan review shall be submitted in multiple copies as specified by the applicable review body. (See Article III, Division 5, of this chapter.)

(Code 1984, § 61-4-36; Ord. No. 11-05, § 1(61-4-36), eff. 5-28-2005)

(a)

The Director of the Buildings, Safety Engineering, and Environmental Department shall cause to be inspected from time to time, and as nearly as possible once a year, all conditional land uses, whether granted by the Department or by the Board of Zoning Appeals for maintenance of conditions that are prescribed in the land use grant. After inspection, the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division shall issue to the owner or agent a Certificate of Maintenance of grant conditions upon payment of the prescribed inspection fee. It shall be the duty of the owner or agent to place and maintain such Certificate of Maintenance of conditions in a conspicuous place on the premises.

(b)

The fee that is required under Subsection (a) of this section shall be established, approved, and collected in accordance with Section 50-4-69 of this Code.

(Code 1984, § 61-4-37; Ord. No. 11-05, § 1(61-4-37), eff. 5-28-2005)

Where failure to comply with the conditions that are prescribed by the Buildings, Safety Engineering, and Environmental Department or by the Board of Zoning Appeals in making any zoning grant or finding prevent the issuance of a Certificate of Occupancy, the Buildings, Safety Engineering, and Environmental Department shall terminate the land use rights pursuant to Section 50-5-73 of this Code. Immediately, upon revocation of the land use permit, the zoning grant by the Buildings, Safety Engineering, and Environmental Department or the Board of Zoning Appeals becomes null and void, and the Department shall notify any applicable licensing departments or agencies of the revocation.

(Code 1984, § 61-4-38; Ord. No. 11-05, § 1(61-4-38), eff. 5-28-2005; Ord. No. 32-13, § 1(61-4-38), eff. 12-21-2013)

No land, building, or structure, or part thereof, shall be occupied by or for any use for which a building permit is required by this chapter, unless and until a Certificate of Occupancy shall have been issued for such new use.

(Code 1984, § 61-4-39; Ord. No. 11-05, § 1(61-4-39), eff. 5-28-2005)

No Certificate of Occupancy that is required by Chapter 8, Article II, of this Code, Building Code, shall be issued unless the building or structure, or part thereof, and the use of the land covered by such certificate, conforms in all respects with the provisions of this chapter.

(Code 1984, § 61-4-41; Ord. No. 11-05, § 1(61-4-41), eff. 5-28-2005)

No building or structure, or part thereof, which is hereafter erected or altered, shall be occupied or used unless and until a Certificate of Occupancy shall have been issued for such building or structure.

(Code 1984, § 61-4-42; Ord. No. 11-05, § 1(61-4-42), eff. 5-28-2005)

Certificates of Occupancy as required by Chapter 8, Article II, of this Code, Building Code, for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter.

(Code 1984, § 61-4-43; Ord. No. 11-05, § 1(61-4-43), eff. 5-28-2005)

Nothing in this chapter shall prevent the approval of a Temporary Certificate of Occupancy for a portion of a building or structure that is in the process of erection or alteration, provided, that such temporary certificate shall not be effective for a period of time in excess of six months and, provided, further that such portion of the building, structure, or premises is in conformity with the provisions of this chapter and of Chapter 8, Article II, of this Code, Building Code.

(Code 1984, § 61-4-44; Ord. No. 11-05, § 1(61-4-44), eff. 5-28-2005)

A record of all Certificates that are issued shall be kept on file in the Office of the Director of the Buildings, Safety Engineering, and Environmental Department and copies shall be furnished upon request to the Planning and Development Department, the Board of Zoning Appeals, or to any person having a proprietary or tenancy interest in the property involved.

(Code 1984, § 61-4-45; Ord. No. 11-05, § 1(61-4-45), eff. 5-28-2005)

Buildings that are accessory to dwellings shall not require separate Certificates of Occupancy but may be included in the Certificate of Occupancy for the dwelling where shown in the plat and completed at the same time as the dwelling.

Figure 50-4-66
(For Informational Purposes Only)
Certificates of Occupancy

(Code 1984, § 61-4-46; Ord. No. 11-05, § 1(61-4-46), eff. 5-28-2005)

Application for certificates of occupancy shall be made, in writing, to the Buildings, Safety Engineering, and Environmental Department on forms that are furnished by the Department, and such certificates shall be approved where found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this chapter. Where such certificate is refused for cause, the applicant shall be notified of the refusal and the cause thereof. (See Figure 50-4-66.)

(Code 1984, § 61-4-47; Ord. No. 11-05, § 1(61-4-47), eff. 5-28-2005)

The holder of every building permit for the construction, erection, alteration, repair, or moving of any building, or structure, or part thereof, shall notify the Buildings, Safety Engineering, and Environmental Department immediately upon the completion of the work that is authorized by such permit for a final inspection.

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

(a)

In accordance with Section 9-507 of the Charter, the Director of the Buildings, Safety Engineering, and Environmental Department to establish necessary fees with the approval of the City Council, through adoption of a resolution, for the cost of inspections and the issuance of permits and certificates, and copies thereof, under this chapter. After adoption of a 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 Director of the Buildings, Safety Engineering, and Environmental Department at least once every two years.

(b)

Fees for inspection and the issuance of permits or certificates, or copies thereof, that are required or issued under the provisions of this chapter shall be collected by the Buildings, Safety Engineering, and Environmental Department in advance of inspection or issuance.

(Code 1984, § 61-4-49; Ord. No. 11-05, § 1(61-4-49), eff. 5-28-2005; Ord. No. 24-08, § 1(61-4-48), eff. 11-1-2008)

Any applicant for development may file a hardship relief petition with the Buildings, Safety Engineering, and Environmental Department which seeks relief from any regulations in this chapter on the basis that the denial of the application has deprived the applicant of all reasonable use of such applicant's property. This procedure replaces the City's former practice of granting use variances. (See Figure 50-4-151.)

Figure 50-4-151
(For Informational Purposes Only)
Hardship Relief

(Code 1984, § 61-4-101; Ord. No. 11-05, § 1(61-4-101), eff. 5-28-2005)

The hardship relief petition must provide information which is sufficient for the Law Department and the Board of Zoning Appeals to determine that the petitioner possesses a protectable interest in property under the Fifth Amendment to the United States Constitution and under the 1963 Michigan Constitution.

(Code 1984, § 61-4-102; Ord. No. 11-05, § 1(61-4-102), eff. 5-28-2005)

For purposes of this chapter, a hardship shall be defined as a denial of all reasonable economic use of the property. Upon a finding that the denial of the application has resulted in a denial of all reasonable economic use of the property, the City may provide the petitioner with relief from applicable zoning regulations.

(Code 1984, § 61-4-103; Ord. No. 11-05, § 1(61-4-103), eff. 5-28-2005)

(a)

Generally. The applicant shall submit the following information for consideration of a hardship relief petition:

(1)

Name of the petitioner;

(2)

Name and business address of current owner of the property; form of ownership, whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other, and where owned by a corporation, partnership or joint venture, the names and addresses of all principal shareholders or partners;

(3)

Price paid and other terms of sale of the property, the date of purchase, and the name of the party from whom purchased, including the relationship, if any, between the petitioner and the party from whom the property was acquired;

(4)

Nature of the protectable interest claimed to be affected, including, but not limited to, fee simple ownership, or leasehold interest;

(5)

Terms, including sale price, of any previous purchase or sale of a full or partial interest in the property by the current owner, applicant, or developer prior to the date of application;

(6)

All appraisals of the property that were prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three years prior to the date of application;

(7)

The assessed value of and ad valorem taxes on the property for the previous three years;

(8)

All information that concerns current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including, but not limited to, right of purchasers to assume the loan;

(9)

All listings of the property for sale or rent, price asked and offers received, if any, during the period of ownership or interest in the property;

(10)

All studies commissioned by the petitioner or agents of the petitioner within the previous three years which concern the feasibility of development or utilization of the property;

(11)

For income-producing property, itemized income and expense statements from the property for the previous three years;

(12)

Evidence and documentation of improvements, investments, or expenditures for professional and other services related to the property that were made during the past three years;

(13)

Information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and

(14)

Any applicable offer to purchase, land contract, or rental or lease agreement with such document being signed by both seller and buyer, landlord and tenant, or lessor and lessee.

In addition, the Board of Zoning Appeals may request additional information which is reasonably necessary, in the Body's opinion, to arrive at a conclusion concerning whether there has been a denial of all reasonable economic use.

(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 hardship relief 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, § 61-4-104; Ord. No. 11-05, § 1(61-4-104), eff. 5-28-2005; Ord. No. 38-14, § 1(61-4-104), eff. 10-16-2014)

In the event that any of the information which is required to be submitted by the petitioner is not reasonably available, the petitioner shall file with the petition a statement of the information that cannot be obtained and shall describe the reasons why such information is unavailable.

(Code 1984, § 61-4-105; Ord. No. 11-05, § 1(61-4-105), eff. 5-28-2005)

The application for a hardship relief petition shall be filed with the Buildings, Safety Engineering, and Environmental Department, which shall forward the application to the Board of Zoning Appeals. Prior to any public hearing, the Board of Zoning Appeals shall review, through its staff, the submitted documents with the Law Department as to their completeness and relevance to the claim that the subject property has been subject to a denial of all reasonable economic use.

(Code 1984, § 61-4-111; Ord. No. 11-05, § 1(61-4-111), eff. 5-28-2005)

To the extent possible within 30 days of the filing of a hardship relief petition and submission of all information that is specified in Section 50-4-154 of this Code, the Board of Zoning Appeal's staff shall report its findings to the Board regarding the claim that the property has been subject to a denial of all reasonable economic use.

(Code 1984, § 61-4-112; Ord. No. 11-05, § 1(61-4-112), eff. 5-28-2005)

In the event a public hearing for a hardship relief petition is scheduled by the Board of Zoning Appeals, the proposed use shall be subject to site plan review by the Planning and Development Department as provided for in Section 50-3-113(5) of this Code.

(Code 1984, § 61-4-113; Ord. No. 11-05, § 1(61-4-113), eff. 5-28-2005; Ord. No. 34-05, § 1(61-4-113), eff. 12-6-2005)

To the extent possible, within 30 days following receipt of the staff report that is specified in Section 50-4-172 of this Code, the Board of Zoning Appeals shall hold a public hearing to determine whether there is an affected property interest and whether all reasonable economic use of the property has been prevented as a result of a final action on the application.

(Code 1984, § 61-4-121; Ord. No. 11-05, § 1(61-4-121), eff. 5-28-2005)

Notice and scheduling of hearings shall be carried out in accordance with Section 50-3-7 through Section 50-3-11 of this Code.

(Code 1984, § 61-4-122; Ord. No. 11-05, § 1(61-4-122), eff. 5-28-2005)

The Board of Zoning Appeals' staff report shall be entered into the record. The Board shall allow an opportunity during the hearing for the appellant and any member of the public to offer either written or oral testimony regarding the proposal under consideration.

(Code 1984, § 61-4-123; Ord. No. 11-05, § 1(61-4-123), eff. 5-28-2005)

In applying the "all reasonable economic use" standard of this division, the Board of Zoning Appeals shall consider, among other items, the following information or evidence:

(1)

Any estimates from contractors, appraisers, architects, real estate analysts, qualified developers, or other competent and qualified real estate professionals that concern the feasibility, or lack of feasibility, of construction or development on the property as of the date of the application, and in the reasonably near future;

(2)

Any evidence, including testimony, of the market value of the property both under the uses allowed by the existing regulations and any proposed use; and

(3)

Any evidence, including testimony, concerning the value or benefit to the petitioner from the availability of opportunities to transfer density or cluster development on other remaining contiguous property that is owned by the petitioner eligible for such transfer.

(Code 1984, § 61-4-124; Ord. No. 11-05, § 1(61-4-124), eff. 5-28-2005)

The petitioner shall have the burden of presenting substantial evidence that the denial of the application has prevented all reasonable economic use under the standard in Section 50-4-153 of this Code.

(Code 1984, § 61-4-125; Ord. No. 11-05, § 1(61-4-125), eff. 5-28-2005)

The Board of Zoning Appeals shall make the specific findings in this section, on the basis of the evidence, including testimony, presented. These findings shall be included as part of the report which accompanies its decision:

(1)

Whether the petitioner has complied with the requirements for presenting the information to be submitted with a hardship relief petition;

(2)

Whether the petitioner has a protectable interest in property;

(3)

The market value of the property considering the existing regulations;

(4)

The market value of, or benefit accruing from, opportunities to transfer density or cluster development on other remaining contiguous property that is owned by the petitioner eligible for such transfer;

(5)

Whether it is feasible to undertake construction on, or development of, the property as of the date of the application, or in the reasonably near future thereafter;

(6)

Whether, in the opinion of the Board of Zoning Appeals, the denial of the application would result in denial of all reasonable economic use as delineated in Section 50-4-194 of this Code; and

(7)

Whether there exists a feasible alternative use that could provide a reasonable economic use of the property.

(Code 1984, § 61-4-126; Ord. No. 11-05, § 1(61-4-126), eff. 5-28-2005)

The Board of Zoning Appeals may adopt any legally available incentive or measure that is reasonably necessary to offset any denial of reasonable economic use, and may condition such incentives upon approval of specific development plans. Where the Board of Zoning Appeals finds that the denial of the application would deprive the applicant of all reasonable use of the property, the Board may consider additional relief to provide an appropriate increase in market value or other benefit or return to the petitioner sufficient to offset the denial of all reasonable economic use. The types of incentives that the Board of Zoning Appeals may consider include, but are not limited to, the following:

(1)

Waive or modify dimensional requirements or development standards to enable the petitioner to realize a reasonable economic return from the operation of a permitted or conditional use;

(2)

Recommend that the City Council rezone the property to a more appropriate classification; and

(3)

Allow the establishment of a prohibited use, provided, that the petitioner demonstrates that none of the permitted or conditional uses in the zoning district is economically feasible.

(Code 1984, § 61-4-127; Ord. No. 11-05, § 1(61-4-127), eff. 5-28-2005; Ord. No. 37-17, § 1(61-4-127), eff. 2-6-2018)

Based upon the evidence, including testimony, presented, the Board of Zoning Appeals shall render a decision as to the merits of the hardship relief petition and any recommended relief. The Board may require proof of correction of any violation or deficiency prior to the approval of any hardship relief petition.

(Code 1984, § 61-4-128; Ord. No. 11-05, § 1(61-4-128), eff. 5-28-2005)

Any incentives that are adopted by the Board of Zoning Appeals pursuant to this division shall run with the land and may be transferred and utilized by successive owners of the property or parties in interest.

(Code 1984, § 61-4-130; Ord. No. 11-05, § 1(61-4-130), eff. 5-28-2005)