CHAPTER 3

 

District Regulations

 

SECTION 301.  DIVISION OF THE TOWNSHIP.

 

For the purposes of this Ordinance, all land within Tobacco Township except streets and alleys, is divided into the following Zoning Districts:

 

A-1      Agricultural

WR      Waterfront Residential

R-1      Residential: Single Family

R-2      Residential: Multiple Family

C-1      Neighborhood Commercial

C-2      Highway Commercial

I           Industrial

 

SECTION 302.  OFFICIAL ZONING MAP.

 

The boundaries of Zoning Districts are defined and established as shown on a map entitled "Tobacco Township Zoning Map" which accompanies this Ordinance.  This map, with all explanatory text, is a part of this Ordinance.  The official Zoning Map shall be kept and maintained by the Tobacco Township Clerk or his/her designee.

 

SECTION 303.  INTERPRETATION OF BOUNDARIES.

 

Where uncertainty exists with respect to the boundaries of any of the districts indicated on the official Zoning Map, the following rules shall apply.

 

(1)        Boundaries indicated as approximately following streets or highways shall be presumed to follow the center line of said roadways.

 

(2)        Boundaries indicated as approximately following Township boundary lines or property lines shall be presumed to follow said lines.

 

(3)        Boundaries indicated approximately parallel to the center lines of streets or highways shall be interpreted as being parallel thereto and at such distance therefrom as indicated by given distance or scaled dimension.

 

SECTION 304.  SCOPE OF REGULATIONS.

 

(1)        No building or structure or part thereof shall be erected, moved, constructed, or altered, and no        new use or change in use of a parcel shall be made unless it conforms with the provisions of this           Ordinance, including the regulations for the Zoning District in which it is located.

 

(2)        The regulations applying to Zoning Districts include specific limitations on the use of land and         structures, height and bulk of structures, parcel area and dimensions, setback of structures from            public thoroughfares and neighboring properties, and area of a parcel that can be covered by    structures.

 

(3)        The Zoning Board of Appeals shall have the power to classify a use which is not specifically           mentioned by this Ordinance. Said use shall be treated in a like manner with a comparable         permitted or prohibited use for the purpose of clarifying the District Regulations of any Zoning   District.

 

Historical Notes:  3 unnumbered paragraphs numbered (1), (2), and (3), by Ordinance 15-02,  eff Dec 24, 2015.

 

(4)         No use of land or structures shall be permitted except as provided below:

 

             (a)  Use is listed in one or more zoning district(s) as a “Use by Right” or as a “Use by Special          Use Permit”,   or

 

             (b)  A use not authorized in subsection (a) above is classified as an authorized use by the ZBA in    accordance with the 3d paragraph of section 304 and section 1503(10)(b)2, or

 

             (c)  This ordinance is amended to add the use to a district as a “Use by Right” or as a “Use by         Special Use Permit”, or

 

             (d)  This ordinance is amended to rezone property by creating a new district.

 

             (e)  Use variances are prohibited in this township by the MZEA and section 1503(10)(c)2.

 

Historical Notes:  Subsection (4) added by Ordinance 15-02, eff Dec 24, 2015.

 

SECTION 305.  EXCLUSIONARY ZONING

 

(1)        MCL 125.3207 states that a zoning ordinance shall not have the effect of totally prohibiting a          lawful land use within a local government when there is a demonstrated need for that land use    within either that local government or the surrounding area, unless a location within the local       government does not exist where the use may be appropriately located.

 

(2)        A zoning ordinance cannot possibly list every conceivable lawful land use. The failure to list a        particular lawful use is not to be considered a determination by the township that the use has been       prohibited.

 

(3)         A person desiring to put land or structures to a use not authorized in any zoning district may            submit a request to amend this ordinance in accordance with one or more of the provisions in            section 304 (4).

           

(4)         The approval of the use in the township need not be in the location requested by the applicant if     such location is inappropriate for the use.

 

(5)        The Michigan Supreme Court has stated that the applicant must establish that a demonstrated            need for the use exists in the township or the surrounding area. The applicant should be advised as soon as possible that            it is his responsibility to provide evidence of a demonstrated need.  The   existence of a demonstrated need for the use does not, in itself, establish that the land proposed by         the applicant is a suitable location for the use.

 

(6)        Denial of the use or location requested must be legally justified on the record. Generally,     whenever the planning commission or the township board is considering denying the use or           location requested, at a             minimum an opinion should be requested from the township planner             and/or the township attorney, as             appropriate.

 

Historical Notes. Section added by  Ordinance 15-02,  eff Dec 24, 2015.