Districts Generally and District Map

Regulation of location of trades, buildings and uses by local authorities - see M.C.L.A. See. 125.581

Uses of land or structures not conforming to ordinances; powers of legislative bodies; acquisition of property - see M.C.L.A. Sec. 125.583a

Effect of zoning ordinance or zoning decision in presence of demonstrated need for certain land use - see M.C.L.A. Sec. 125.592

1236.01 DISTRICTS ESTABLISHED.

In order to classify, regulate and restrict the location of trades, industries and buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the areas of yards, courts and other open spaces within and surrounding such buildings, the City is hereby divided int districts, as follows:

AG Agricultural Districts

R-lR Single-Family Rural Residential Districts

R-lA Single-Family Residential Districts

R-lB Single-Family Residential Districts

R-lC Single-Family Residential Districts

R-2 Two-Family Residential Districts

R-3A Multiple Family Residential Districts

R-3B Multiple Family Residential Districts

MHP-OD Mobile Home Park Overlay Districts

MDMF Medium Density Multiple Family Districts

HDMF High Density Multiple Family Districts

TB Transitional Business Districts

O-1 Office Districts

C-1 Neighborhood Commercial Districts

C-2 General Business Districts

C-3 Intensive Business Districts

C-4 Central Business District

C-5 Planned Shopping Districts

C-6 Major Highway Interchange Districts

C-7 Street-Level Retail Districts

1-1 Light Industrial Districts

I-2 Heavy Industrial Districts

(Ord. 36-84. Passed 12-18-84; Ord. 1-92. Passed 1-14-92; Ord. 25-92. Passed 11-24-92; Ord. 18-93. Passed 12-7-93.)

1236.02 DISTRICT MAP; INTERPRETATION.

The boundaries of the districts are shown upon the Map which is made a part of this Zoning Code, which map is designated as the "District Map." Such Map and all the notations, references and other information shown thereon are a part of this Zoning Code and have the same force and effect as if they were fully set forth or described herein. The original Map is properly attested to and is on file with the City Clerk.

Where, due to the scale, illegibility or detail of the Map, there is uncertainty, contradiction or conflict as to the location of a district boundary, the interpretation of the exact location of such boundary shall be determined by the Zoning Board of Appeals.

1236.03 ANNEXED LAND.

(a) Whenever any areas are annexed to the City, one of the following conditions shall prevail:

(1) All lots, tracts or land which may hereafter be annexed to the City shall be classified as being in whichever district as most clearly conforms to the zoning that existed in the annexed area. Such classifications shall be recommended by the Planning Commission to the City Commission and the City Commission shall approve the same by resolution.

(2) If any lot, tract or land is not subject to zoning at the time of annexation, it shall be classified as R-lA Single-Family whenever the land is vacant and otherwise shall be classified into whatever district of this Zoning Code most closely conforms to the existing use of the annexed area. Such classification shall be approved in the same manner as described for property that is zoned when annexed.

(b) In all cases, there shall be a public hearing, within a reasonable time after annexation, on the question of a permanent zoning classification. The hearing before the Planning Commission and the subsequent action by the City Commission shall follow the procedure to establish amendments in accordance with Section 1232.06.

1236.04 ESSENTIAL SERVICES.

Essential services shall be permitted as authorized and regulated by law and ordinances of the City. It is the intention of this Zoning Code to exempt such essential services from the application of this Zoning Code.

1236.05 VACATION OF STREETS.

Whenever any street, alley or other public way is vacated by official action of the City Commission or by the courts, the zoning district adjoining each side of such street, alley or other public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended district.

1236.06 LAND UNDER WATER.

All areas within the City which are under water and not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.

1236.07 USES NOT SPECIFICALLY MENTIONED.

The Zoning Board of Appeals shall have the power to classify a use which is not specifically mentioned in this Zoning Code, along with a comparable permitted or prohibited use for the purpose of the use regulations in any district.

1236.08 CONFORMITY WITH DISTRICT REGULATIONS REQUIRED.

(a) No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or lane be used, except for a purpose permitted in the district in which the building or land is located.

(b) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established for the district in which the building is located.

(c) No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the yard and lot area regulations of the district in which the building is located.

(d) No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located.

(e) No building or structure shall be enlarged or altered and no use of a premises shall be changed in any way which increases its nonconformity.

(f) The minimum yards, parking spaces and other open spaces, including the lot area per family, required by this Zoning Code for each and every building existing at the time of passage of this Zoning Code (December 18, 1984) or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced beyond the district requirements of this Zoning Code.

(g) Every building hereinafter erected or structurally altered shall be on a lot, provided that a lot may be subdivided or a series of lots may be increased in number and decreased in size, so long as each new lot is not less than 100 feet in depth and in conformity with the width requirements of Section 1268.01. In no case shall there be more than one main building on one lot unless otherwise provided in this Zoning Code.

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Districts Generally and District Map

Codified Ordinances of Battle Creek

CHAPTER 1236