Hamtramck City Zoning Code
ZONING DISTRICTS
AND MAP
§ 155.035 GENERAL.
(A) Classification. To classify, regulate, and restrict the locations of uses and locations of buildings designated for specific areas, and to regulate and determine the areas of yards, courts, and other open spaces within or surrounding such buildings, the city is hereby divided into zoning districts as prescribed in this subchapter. To the extent possible, these zoning districts are established under the city's proposed Master Land Use Plan.
(B) Zoning Map.
(1) Boundaries. The boundaries of these districts are hereby established as shown on the City of Hamtramck Official Zoning Map, referred hereinafter as "the Map", which accompanies this chapter as Appendix A, and which map, with all notations, references and other information shown thereon, shall be as much a part of this chapter as if fully described herein.
(2) Changes to boundaries. Under this chapter, if changes are made in district boundaries or other matter portrayed on the Map, such changes shall be made on the Map after the amendment has been approved by the City Council, together with an entry on the Map as follows: amended date, Ordinance No. ().
(3) Official copies. Two copies of this chapter and the Map are to be maintained and kept up-to-date. One copy shall be filed with the code official and the other shall be filed with the City Clerk, whose copy shall be the final authority as to the current zoning status of lands, buildings, and other structures in the city.
(4) District boundaries interpreted. If, due to the scale, lack of details, or illegibility of the Map, there is any uncertainty, contradiction, or conflict as to the intended location of any zoning district boundaries shown thereon, interpretation concerning the exact location of district boundary lines shall be determined by the Board upon written application. The Board, in arriving at a decision on such matters, shall apply the following standards:
(a) The boundaries of zoning districts are intended to follow centerlines of alleys, streets, or other rights-of-way, or be parallel or perpendicular thereto, unless such district boundary lines are otherwise clearly indicated on the Map;
(b) Where district boundaries are so indicated that they approximately follow lot of record lines, such lot lines shall be construed to be boundaries;
(c) In unsubdivided property, or where a district boundary divides a lot of record, the location of such boundary, unless shown by dimensions on the Map, shall be determined by use of the map scale shown thereon.
(5) Zoning status of public, semi-public, and parks/open space designations. Where the Map indicates public, semi-public, or parks/open space, such areas shall be considered to be zoned in the area that borders the area in question on not less than three sides. If a clear distinction cannot be made, then the zoning shall be considered R, except as otherwise indicated in this section. For clarification purposes the following commonly known locations shall be considered to be placed in the following districts:
(a) R District, sites of:
1. Corinthian Baptist Church;
2. Kosciuszko Middle School;
3. Hamtramck Fire Department;
4. Hamtramck Public Library;
5. St. Ladislaus Church properties;
6. Immaculate Conception Church properties;
7. Hamtramck High School and Community Center;
8. Our Lady Queen of Apostles Church properties;
9. Pulaski Park;
10. St. Florian Church properties;
11. St. Peter Zion, A.M.E. Church properties;
12. Hamtramck City Hall;
13. Dickinson Elementary School;
14. St. Joseph Living Center properties;
15. Tau Beta;
16. Veterans' Memorial Park, Playfair, and Keyworth stadium;
17. Holbrook Elementary School; and
18. Eastside of Conant, between Oliver and Dorothy.
(b) I District, sites of:
1. Wayne County Jail; and
2. Southeast corner of Conant and Holbrook.
(6) Annexed territory. Any territory hereafter annexed shall automatically, upon such annexation, be classified as "Residential" and shall be subject to all conditions and regulations applicable to property in such district.
(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)
§ 155.036 CONFORMITY TO ORDINANCE REGULATIONS.
(A) Scope. Zoning effects every structure and use. No structure, building, or land shall be used, occupied, erected, constructed, moved, or altered, except in conformity with the regulations specified for that zoning district. Unless a use is specifically permitted in a particular zoning district, the use shall be prohibited in that zoning district. If any building, structure, or land is used, erected, altered, or occupied contrary to law or to the provisions of this chapter, such building, structure, or use shall be declared a nuisance and shall be required to be vacated, torn down, or abated by any legal means and shall not be used or occupied until the building, structure, or use has been brought into compliance.
(B) Area, bulk, and height requirements. Except as otherwise provided, regulations governing land and building use, minimum lot size, lot area per dwelling unit, building height, building placement, required yards, and other pertinent factors are hereby established as stated in the detailed provisions for each of the zoning districts and shall apply uniformly to each class or kind of structure, land, or use within the appropriate district.
(C) Application of regulations. The regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure, land, or use. All buildings, structures, or land may hereafter be used, constructed, altered, or occupied only when in conformity with all of the regulations herein specified for the district in which it is located. No building or other structure shall hereafter be altered to accommodate or house a greater number of persons or families, or to have narrower or smaller rear yards, front yards, or other side yards than permitted by the district in which it is located. No lot existing when this chapter or subsequent amendment became effective shall be subdivided or reduced in dimension or area below the minimum requirements of the district in which the lot is located. Lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
(D) Uses.
(1) General. The principal objective of this chapter is to provide for an orderly arrangement of compatible buildings and land uses and for the proper location of all types of uses required for the social and economic welfare of the community. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses that may be allowed because of the unusual characteristics of the service the use provides to the public. These special land uses require particular consideration as to their proper location to adjacent, established, or intended uses, or to the planned growth of the community. The conditions controlling the locations and operation of such special land uses are established by applicable sections of this chapter.
(2) Permitted uses. In each zoning district a "permitted use" shall be a use of land or buildings subject to the minimum requirements specified for such use in the zoning district in which such use is located, plus applicable requirements found elsewhere in this chapter.
(3) Special land uses. A special land use shall be a use of land or buildings that may be permitted in that district only after following special procedures designed to ensure site and use compatibility with existing or proposed surrounding land uses. In evaluating and deciding each application for such permission, the Commission shall apply the standards contained in §§ 155.185 through 155.188 and any special conditions imposed for that use. Uses are permitted within the various districts described in this chapter and as otherwise provided herein.
(4) Unclassified uses. The city recognizes that all possible uses and variations of uses that might arise cannot reasonably be listed or categorized. Mixed uses/sites or any use not specifically mentioned or about which there is any question shall be administratively classified by comparison with other uses identified in the districts described in this chapter. If the proposed use resembles identified uses in terms of intensity and character, and is consistent with the purpose of this chapter and the individual district classification, the use shall be considered as a permitted use within the appropriate district classification, subject to the regulations for the use it most nearly resembles. If a use does not resemble other identified allowable uses within a district, the use may be permitted as determined by the Board after a public hearing as a variance to this chapter under §§ 155.020 through 155.024.
(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)