Hamtramck City Zoning Code
ZONING CHANGES
AND AMENDMENTS
§ 155.200 CODE OFFICIAL TO PROCESS.
(A) General. All requests for amendments or changes to the comprehensive plan, this chapter, or Map shall be submitted to the code official for processing.
(B) Rezoning upon request. A property owner may request the Commission to recommend the rezoning of his or her parcel. The request shall be filed with the code official along with any other documentation that the Commission or the code official deems necessary. The Common Council shall by resolution establish a fee for a rezoning request during the adoption of the annual budget, which shall be paid at the time the rezoning request is filed. The Commission shall consider the rezoning request as a normal amendment to this chapter.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.201 PLAN COMMISSION TO REVIEW.
The Common Council shall not amend this chapter or Map until the proposed amendment has been submitted to the Plan Commission, which has held not less than one public hearing and made report thereon. Following the public hearing by the Commission and upon the Common Council's receipt of the Commission's report, the Common Council may adopt the ordinance and maps with or without amendments or refer the ordinance and maps again to the Commission for further report.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.202 PUBLIC HEARING PROCEDURE.
Not less than 15 days' notice of the time and place of the public hearing shall first be published in a newspaper of general circulation. Not less than 15 days' notice of the time and place of the public hearing shall be given by mail to each public utility company and each railroad company owning or operating any public utility or railroad within the zones affected and the airport manager of each airport that registers its name and mailing address with the City Clerk for the purpose of receiving the notice. If an individual property or several adjacent properties are proposed for rezoning, notice of the proposed rezoning and hearing shall be given to the owners of the property in question not less than 15 days before the hearing. An affidavit of mailing shall be maintained. A hearing shall be granted to an interested person at the time and place specified on the notice.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.203 EFFECT OF PROTEST TO PROPOSED AMENDMENT.
(A) Upon presentation of a protest petition meeting the requirements of this division, an amendment to this chapter that is the object of the petition shall be passed only by a two-thirds vote of the Common Council. The protest petition shall be presented to the Common Council before final legislative action on the amendment and shall be signed by one of the following:
(1) The owners of not less than 20% of the area of land included in the proposed change.
(2) The owners of not less than 20% 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.
(B) Publicly owned land shall be excluded in calculating the 20% land area requirement.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.999 PENALTY.
(A) Violation of law. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or land or cause or permit the aforementioned to be done in violation of this chapter. When any building or parcel of land regulated by this chapter is being used contrary to this chapter, the code official shall be permitted to order such use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing such use to be discontinued. Such person shall discontinue the use within the time prescribed by the code official after receipt of such notice to make the structure, parcel of land, or portion thereof, comply with the requirements of this chapter.
(B) Nuisance declaration. Any building or structure which is erected, altered, or converted or any use of premises or land which is begun or changed after the time of passage of this chapter and in violation of any of the provisions thereof is declared to be a public nuisance per se and shall be abated by order of a court of competent jurisdiction.
(C) Infraction type.
(1) Municipal civil infraction. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with any provision of this chapter shall be punished for a municipal civil infraction. Each day that a violation continues shall constitute a separate offense.
(2) Misdemeanor. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with any provision of this chapter for any time after the second repeat offense (third offense), then such person shall be punished for a misdemeanor violation.
(D) Sanctions. The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as prescribed by resolution of the Common Council, plus any costs, damages, expenses, and other sanctions as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended, and other applicable laws.
(1) Unless otherwise specifically prescribed for a particular municipal civil infraction violation by this chapter or any ordinance, the civil fine for a violation shall be not less than an amount prescribed by resolution of the Common Council, plus costs and other sanctions, for each infraction.
(2) Increased civil fines may be imposed for repeated violations of any requirement or provision of this chapter by a person. As used in this section, "repeat offense" means a second municipal civil infraction violation of the same requirement or provision committed by a person within one year (unless some other period is specifically prescribed by this chapter) and for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically prescribed by this chapter for a particular municipal civil infraction violation, the increased fine for the first repeat offense shall be not less than an amount prescribed by resolution of the Common Council, plus costs.
(3) Any person, firm, or corporation that violates, disobeys, omits, neglects, or refuses to comply with any provision of this chapter as any offense after a second repeat offense (third offense), shall be punished for each offense upon conviction, by a fine of not more than $500, and costs of prosecution, or by imprisonment for a period not exceeding 90 days, or by both fine and imprisonment, in the discretion of the court. Each day that a violation continues shall constitute a separate offense.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)