This chapter is known and cited as the "City of Eastpointe Zoning Ordinance" or the "zoning ordinance". The official Zoning Map, a part of this ordinance, is known and cited as the "City of Eastpointe Zoning Map" or the "zoning map."

(Ord. of 11-13-2023)

Eastpointe's zoning ordinance promotes and protects the public health, safety, and general welfare by incorporating provisions to achieve the following:

A)

Prevent the overcrowding of land and undue concentration of structures and uses by regulating the intensity of land uses and lot areas and to determine the areas of open spaces surrounding buildings and structures necessary to protect adequate light, air, privacy, and convenience of access to properties.

B)

Promote economic development and conserve and preserve the value of land, buildings, and structures.

C)

Allow for a variety of residential housing types, and commercial, industrial, institutional, and public uses.

D)

Protect against noxious fumes and odors, fires, crime, heat, dust, smoke, glare, noise, radioactivity, and other nuisances and hazards.

E)

Promote efficient mobility throughout the city by a variety of modes, as appropriate to the character of each part of the community, while minimizing congestion and safety concerns.

F)

Promote the orderly and beneficial development of uses and prohibit uses that are incompatible with the character of development, uses, or structures permitted within zoning districts.

(Ord. of 11-13-2023)

Eastpointe's zoning ordinance is enacted pursuant to the:

A)

Zoning Enabling Act. The Michigan Zoning Enabling Act (PA 110 of 2006), as amended establishes the authority for local units of government to adopt comprehensive zoning regulations and empowers the city to enact a zoning code and provide for its administration, enforcement, and amendment.

B)

Necessity. Eastpointe has determined it necessary to enact zoning regulations for the purpose of promoting the public health, safety, and general welfare.

C)

Master plan compliance. Eastpointe has adopted a master plan and sub-area plans intended to guide growth in a logical and orderly fashion, which serves as the basis of this zoning ordinance.

(Ord. of 11-13-2023)

A)

Zoning applies to every building, structure, and use.

B)

Any use not expressly permitted within this zoning ordinance is prohibited, unless otherwise reviewed and approved by the planning commission as a special land use. See article 2 for the table of permitted uses by district on the determination for uses not specifically listed.

C)

No building, structure, or land is to be used or occupied, and no building or structure or part thereof is to be erected, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with this zoning ordinance, unless specifically superseded by a law or regulation of Macomb County, the State of Michigan, or the federal government of the United States.

(Ord. of 11-13-2023)

The provisions of this zoning ordinance are in addition to all other ordinances and regulations in effect within the city.

A)

More restrictive. Whenever any provision of this zoning ordinance imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other City Code, the provisions of this ordinance govern. Whenever the provisions of any other regulation or ordinance impose more stringent requirements than are imposed or required by this ordinance, then the provisions of such law or ordinance govern.

B)

Abrogate or annul. This zoning ordinance is not intended to abrogate or annul any easement, covenant, or other private agreement, provided that where any provision of this ordinance is more restrictive or imposes a higher standard than such easement, covenant, or other private agreement, this ordinance governs.

(Ord. of 11-13-2023)

Any structure, site, lot, or use that was unlawfully constructed, occupied, or created before the effective date of this zoning ordinance will continue to be unlawful, unless expressly permitted by this ordinance, and is considered a legal non-conformity.

(Ord. of 11-13-2023)