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(A) Intent. The formulation and enactment of this chapter is based upon the division of the city into districts, in each of which are specified permitted uses which are mutually compatible. In addition to such permitted uses, however, there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts; but because of their actual or potential impacts on neighboring uses or public facilities, there is a need to carefully regulate them with respect to their location for the protection of the community. These uses, due to their peculiar locational need or the nature of the service offered may have to be established in a district where they cannot be reasonably allowed as a permitted use.
(B) Authority. The Commission shall have the sole power to approve or disapprove all special land uses. In consideration of all applications for special land use, the Commission shall review each case individually as to its appropriateness and consider the following standards as it relates to the proposed land use. Such uses shall be subject to conditions, restrictions, and safeguards deemed necessary to the interest of public health, safety, and welfare.
(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)
(A) Fee required. A fee for services shall be charged. All fees for special land use requests shall be established by resolution of the Common Council during the adoption of the annual budget and which shall be paid when the application for special land use approval is filed.
(B) Application. An application for the approval of a special land use shall be made by an owner, lessee, or other person with a legal interest in the property and who has the owner's consent to file the application. The application form shall contain such information as the Building Code Official or Plan Commission may require. The necessary fees shall accompany such application. The applicant shall also submit a color photograph of the site and existing front elevation for each special land use request submitted to the city for review. Such photographs shall be submitted with the application. With the application, the applicant shall submit the requisite number of folded site plans as required by this chapter. The application shall not be considered received by the city until all required application conditions are met.
(C) Notification required.
(1) Process. Upon receipt of an application for a special land use, one notice that a request for special land use has been received shall be published in a newspaper of general circulation in the city and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet, except that the notice shall be given at least 15 days before the application shall be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units, or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, 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.
(2) Content. The notice shall describe the nature of the special land use request; indicate the property that is the subject of the special land use request; state when and where the special land use request shall be considered; indicate when and where written comments shall be received concerning the request; indicate that a public hearing on the special land use request may be requested by a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use.
(D) Request for public hearing. At the initiative of the Commission, upon the request of the applicant for special land use authorization, or upon the request of a property owner of a structure located within 300 feet of the boundary of the property being considered for a special land use, a public hearing with notification as required for a notice of a request for special land use approval as prescribed above shall be held before a decision is made on the special land use request, which request is based on discretionary grounds. If the applicant or the Commission requests a public hearing, only notification of the public hearing need be made. A decision on a special land use request which is based on discretionary grounds shall not be made unless notification of the request for special land use or notification of a public hearing on a special land use request is given as required by this section.
(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)
(A) General standards. The following general standards shall be applied by the Commission to all special land use requests:
(1) The proposed special land use shall be of such location, size, and character that it shall be in harmony with the appropriate and orderly development of the surrounding neighborhood and vicinity and applicable regulations of the zoning district (including but not limited to any applicable performance standards) in which it is to be located.
(2) The proposed use shall be of a nature that shall make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relations to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking, and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle interfacing.
(3) The proposed use shall be designed as to the location, size, intensity, site layout, and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke, or lights.
(4) The proposed use shall be such that the proposed location and height of buildings or structures and location, nature, and height of walls, fences, and landscaping shall not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.
(5) The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses.
(6) The proposed use offers a service or benefit for the public convenience at the proposed location.
(7) The proposed use is so designed, located, planned, and to be operated that the public health, safety, and welfare shall be protected.
(8) The proposed use shall not be detrimental or injurious to the neighborhood within which it is to be located, nor shall such use operate as a deterrent to future land uses permitted within the zoning district, and shall be in harmony with the general purpose and intent of this chapter.
(9) Consideration will be given to the hours of operation of the proposed use. Approval of a special land use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.
(10) Consideration will be given to compatibility with the Master Plan. The proposed special land use shall be consistent with the general principles and objectives of the adopted Hamtramck Master Plan.
(11) Consideration will be given to public services. The proposed use shall not exceed the capacity of existing and available public services, including, but not limited to, utilities, public roads, and police and fire services. Provision of stormwater management or green infrastructure on-site over and above the specific requirements of this chapter may be required as a condition of a special use approval.
(B) Eligible uses and activities. The following additional standards shall be applied by the Commission to uses if authorized as a special land use in a district:
(1) Commercial zones. Light manufacturing uses shall not be directly adjacent to a residential use in a C2 District.
(2) Industrial Zone. Towers in the I District shall be setback from the nearest building not associated with the tower directly, one foot for every one foot in height of the tower.
(3) Residential zones (R and/or RM).
(a) Bars with a Class C liquor license without a dance/entertainment permit shall be permitted in the R District if such bar is not less than 800 feet away from public owned and operated parks; recreation centers; swimming pools; playgrounds; public governmental services such as administrative facilities; police and fire stations; libraries; schools and colleges; parochial, private, or charter elementary, junior high, and high schools; religious, cultural, and fraternal activities; congregate residences; and state licensed residential facilities, and any other establishment holding Class C liquor licenses.
(b) Boarding houses in R Districts shall be permitted if there is one on-site parking location per each rented unit and that a boarding house shall have no more than four rented units.
(c) “Commercial, light” in the R District shall exclude overnight stay, 24-hour emergency and 24-hour urgent care facilities.
(d) Commercial uses in R may be permitted if the gross floor area does not exceed 3,000 square feet.
(e) “Commercial retail sales establishment, food” in R shall not sell liquor or have a SDM liquor license.
(f) Family and group day care centers and state licensed residential facilities shall be permitted if there are no dormitory facilities on the premises, the outdoor play area is fenced in or screened by a heavily planted greenbelt from any abutting residential use, and that for each child cared for, there shall be provided, equipped, and maintained on the premises a minimum of 150 square feet of useable outdoor play area with a minimum total area of 1,500 square feet per facility; such facility shall be no closer than 1,000 feet from a similar facility.
(g) Mortuary and funeral homes in the R District shall be permitted if it is within 500 feet of a religious institution.
(h) “Motels, hotels” in R shall be limited to eight rooms.
(i) Townhouses in a residential district shall not be required to have front or side yard setbacks, and townhouses shall not be bordered on each end by single- or two-family dwellings.
(4) Other/general.
(a) Automotive self-service stations shall be permitted if the combined number of automotive self-service stations and automotive service stations within the city does not exceed five, and the use shall be on a lot that had a legal automotive self-service or service station within the year previous to its future use. Automotive self-service stations shall not abut a residential use.
(b) Automotive service stations shall be permitted if the combined number of automotive- self service stations and automotive service stations within the city does not exceed five, and the use shall be on a lot that had a legal automotive self-service or service station within the year previous to its future use. Automotive service stations shall not abut a residential use.
(c) Open storage yards of construction contractor’s equipment and supplies, building materials, sand, gravel, or lumber shall be permitted, if such use is located not less than 200 feet from any R or RM District.
(d) Parking lots cannot abut more than one residential use; cannot be greater than 64 feet wide, and no two parking lots may abut each other.
(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; Am. Ord. —, passed 3-8-2022; Am. Res. 2024-75b, passed 8-13-2024)
(A) Conditions. The Commission, before approving a special land use request, shall determine that the conditions set for the special land use have been satisfied unless the Board has granted a variance for such conditions. The Commission may deny, approve, or approve with conditions, requests for a special land use. The Commission may impose such conditions or limitations in granting approval as may be permitted by state law and this chapter if the Commission deems conditions necessary to fulfill the spirit or purpose of this chapter. The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the Commission and the landowner. The Commission shall maintain a record of changes granted in conditions. The conditions may include, conditions necessary to ensure that public services and facilities affected by a proposed land use or activity shall be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment, to conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all the following:
(1) Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being of those who shall use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and 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 the zoning regulations, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.
(B) Decision.
(1) General. The Commission shall deny, approve, or approve with conditions requests for a special land use. The Commission shall approve the any special land use request when the applicant demonstrates that all of the standards contained in this chapter have been met. The basis of a decision for a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis of the decision, and any condition imposed. Any changes in the conditions shall be filed with the Wayne County Register of Deeds as provided herein.
(2) Approval. If the particular special land use is in compliance with the standards set forth in this chapter, the requirements specific to the particular zoning district in which the special land use is proposed, and the conditions imposed under this chapter, the special land use request shall be approved. Upon approval of a special land use, the applicant shall submit a site plan under this chapter. Subsequent amendments to an approved site plan for a special land use shall not require Commission approval unless the amendments significantly impact factors considered by the Commission in approving the special land use, as determined by the Building Code Official. Thereafter, the Building Code Official shall issue a building permit in conformity with the particular special land use so approved. In all cases where a particular special land use has been granted as provided herein, application for a building permit in pursuance thereof shall be made and received by the city not later than one year thereafter or such approval shall automatically be revoked. The Building Code Official may grant an extension thereof for good cause shown under such terms and conditions and for such period of time not exceeding six months as he or she shall determine to be necessary and appropriate. Any special land use that is discontinued or abandoned for a period exceeding one year shall have its approval revoked. No special land use approval shall be effective until a notice of such approval, including all applicable conditions, are filed with the Wayne County Register of Deeds. Any subsequent changes to a special land use shall also be filed with the Wayne County Register of Deeds.
(3) Denial. If the Commission shall determine that the particular special land use(s) requested does not meet the standards of this chapter or otherwise shall tend to be injurious to the public health, safety, welfare or orderly development of the city, the Commission shall deny the application in writing which clearly sets forth the reason(s) for such denial in its minutes.
(4) Appeal. Any person who is denied a special land use request by the Commission may appeal the decision to the Board. In hearing the appeal, the Board shall examine the record of the Commission and determine if the Commission properly applied the conditions established by this chapter. If the Board determines that the Commission properly applied the conditions established by this chapter, then the Board shall uphold the decision of the Commission. If the Board determines that the Commission failed to properly apply the conditions established by this chapter, then the Board shall so state the perceived deficiency and remand the request to the Commission for further examination.
(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)
ZONING CHANGES AND AMENDMENTS
(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)
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