ARTICLE
Section
7.01 Establishment of
Districts
For the purpose of this
Ordinance, the Township is hereby divided into the following zoning districts,
which shall be known by the following respective symbols and names.
RR:
Rural Residential District
SR:
Suburban Residential District
HS:
Highway Service District
LI:
Light Industrial District
PL:
Public Lands District
Other Areas
PUD: Planned
Unit Development Overlay District
WPA: Wellhead
Protection Area
Section
7.02 Zoning District Map
The boundaries of the
respective districts enumerated in Section 7.01 are defined and established as
depicted on the Official Zoning Map entitled
MARION TOWNSHIP ZONING
The Official Zoning Map shall be
identified by the signature of the Township Supervisor, attested by the
Township Clerk, and bearing the following:
This
is to certify that this is the Official Zoning Map of the
Township Zoning Ordinance adopted on the ______ day of ____, 20__. If, in accordance with the
provisions of this Ordinance, changes are made in district boundaries or other
matter portrayed on the Official Zoning Map, such changes shall be made on the
Official Zoning Map after the amendment has been approved by the Township Board
together with an entry on the Official Zoning Map as follows: On (date), by
official action of the Township Board, the following change(s) were made:
(brief description of changes).
Two (2) copies of the
Official Zoning Map are to be
maintained and kept up-to-date, one (1) in the Township Clerk's office, and one
(1) in the Zoning Administrator's office.
Section
7.03 Replacement of
Official Zoning Map
In the event that the
Official Zoning Map becomes
damaged, destroyed, lost or difficult to interpret because of the nature or
number of changes made thereto, the Township Board may, by Ordinance, adopt a
new Official Zoning Map that shall supersede the prior Official Zoning Map. The
Official Zoning Map shall be identified by the signature of the Township
Supervisor, attested by the Township Clerk and bear the seal of the Township
under the following words:
This
is to certify that this is the Official Zoning Map referred to in
the Zoning Ordinance of the Township adopted on __________, 20__. Which replaces and
supersedes the Official Zoning Map which was adopted on___________, 20__. Unless the prior Official
Zoning Map has been lost, or has been totally destroyed, the prior map or any
significant parts thereof remaining shall be preserved together with all
available records pertaining to its adoption or amendment.
Section
7.04 Interpretation of
District Boundaries
Where, due to the scale,
lack of details, or illegibility of the Official Zoning Map, there is an 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, upon written application, by the Board of Appeals. The Board of Appeals, in arriving at a decision on
such matters, shall apply the following standards:
A. Boundaries
indicated, as approximately following the centerline street or highway shall be
construed to follow the centerline of said street or highway.
B. Boundaries
indicated, as approximately following a recorded lot or parcel line shall be
construed as following such line.
C. Boundaries
indicated, as approximately following a Township boundary line shall be
construed as following such Township boundary line.
D. Boundaries
indicated, as approximately following a railroad right-of-way shall be
construed to be midway between the main tracks.
E. Boundaries
following the shoreline of a stream, lake, or other body of water shall be
construed to follow such shorelines, and in the event of change in the
shorelines shall be construed as moving with the actual shorelines; boundaries
indicated as approximately following the thread of streams, canals, or other
bodies of water shall be construed to follow such threads.
F. Boundaries
indicated as approximately parallel to or extensions of features indicated in
subsections A. through D., above, shall be so construed. Distances not
specifically indicated on the Official Zoning Map shall
determined by the scale on the map.
G. Where
the application of the aforesaid rules leaves a reasonable doubt as to the
boundaries between two (2) districts, the regulations of the more restrictive
district shall govern the entire parcel in question, unless otherwise
determined by the Board of Appeals, after recommendation from the Planning Commission.
Section
7.05 Scope of Regulation
A. Except
as may otherwise be provided in this Ordinance, every building and structure
erected, every use of any lot, building, or structure established, every
structural alteration or relocation of an existing building or structure
occurring, and every enlargement of, or addition to an existing use, building
and structure occurring after the effective date of this Ordinance shall be
subject to all regulations of this Ordinance which are applicable in the Zoning
District in which such use, building, or structure shall be located.
B. Any
use of land not specifically permitted is prohibited, except that the Board of
Appeals shall have the
power to classify a use which is not specifically mentioned along with a
comparable permitted or prohibited use for the purpose of clarifying the use
regulations in any district, if so petitioned and in accord with the
requirements of Section 5.05.B.3. If the Board of Appeals finds no comparable
uses based on an examination of the characteristics of the proposed use, it
shall so state and the Planning Commission may be petitioned to initiate an
amendment to the text of the Ordinance to establish the appropriate
district(s), type of use (by right or special use), and criteria that will
apply for that use. Once the Ordinance has been amended to include the new
regulations, then an application can be processed to establish that use.
C. No
part of a setback area, or other open space, or off-street parking or loading
space required about or in connection with any use, building or structure, for
the purpose of complying with this Ordinance, shall be included as part of a
setback area, open space, or off-street parking or loading space similarly
required for any other use, building or structure.
D. No
setback area or lot existing at the time of adoption of this Ordinance shall be
reduced in dimensions or area below the minimum requirements set forth herein.
Yards or lots created after the effective date of this Ordinance shall meet at
least the minimum requirements established herein.
E. No
part of any lot, once established and/or improved with a building or structure,
shall thereafter be divided or reduced in size unless such division or
reduction conforms to all applicable
F. Accessory
uses are permitted as indicated for the various Zoning Districts and if such
uses are clearly incidental to the permitted principal use. (See also Section
6.07.)
Section
7.06 Zoning of Vacated
Areas
Whenever any street, alley
or other public way within the Township shall have been vacated by official
governmental action and when the lands within the boundaries thereof attach to
and become a part of lands adjoining such street, alley or public way, such
lands shall automatically acquire and be subject to the same zoning regulations
as are applicable to lands to which the same shall attach, and shall be used
for those uses as permitted under this Ordinance for such adjoining lands.
Section
7.07 Zoning of Filled
Lands: Use of Water
No fill shall be placed in
any state regulated wetland, lake or stream without proof of a valid permit
from the Michigan Department of Environmental Quality. Whenever any fill is
placed in any lake or stream, the land so created shall automatically acquire
and be subject to the same zoning regulations as are applicable for lands to
which the same shall attach or be adjacent, and the same be used for those
purposes as are permitted under this Ordinance for such adjoining lands. No use
of the surface of any lake or stream shall be permitted for any purpose not
permitted on the land from which the use emanates.
Section
7.08 Conflicting
Regulations
Wherever any provision of
the Ordinance imposes more stringent requirements, regulations, restrictions or
limitations than are imposed or required by the provisions of any other law or
ordinance, then the provisions of this Ordinance shall govern. Whenever the
provisions of any other law or ordinance impose more stringent requirements
than are imposed or required by this Ordinance, then the provisions of such law
or ordinance shall govern.
Section
7.09 Categories within
Zoning Districts
In order to ensure all
possible benefits and protection for the zoning districts in this Ordinance,
the land uses have been classified into two (2) categories:
A. Uses
Permitted by Right: The primary uses and structures specified for which the
zoning district has been established.
B. Uses
Permitted By Special Use Permit: Uses and
structures which have been generally accepted as reasonably compatible with the
primary uses and structures within the zoning district, but could present
potential injurious effects upon the primary uses and structures within the
zoning district and therefore require special consideration in relation to the
welfare of adjacent properties and to the community as a whole. All such
proposed uses shall be subject to a public hearing and review by the Planning
Commission. (Refer to Article XVI.)
Section
7.10 Schedule of
Regulations
The requirements in the
following table entitled "Schedule of Regulations" shall apply to all lands, uses, buildings and
structures within each zoning district, except as otherwise established in this
Ordinance. Owners of nonconforming lots of record should refer to Section 19.02
as well. Variances may be granted by the Board of Appeals only upon a
showing of practical difficulty related to a unique characteristic of the land
and not to self-created hardships of the owner. (See Section 5.05.C.)