For the purpose of this ordinance, Bath Charter Township is hereby divided into the following zoning districts, which shall be known by the following respective symbols and names:

R rural district

D development district

L low-density residential district

M medium-density residential district

HDR high-density residential district

P public lands and open space district

HDD high-density development district

AMOD access management overlay district

CSP commercial sales and provisioning overlay district.

State Law reference— District authorized, MCL 125.271.

(Ord. No. 31.38, § I, 11-21-2011; Ord. No. 31.77, § 1, 8-15-2022)

The boundaries of the respective districts enumerated in section 4.01 are defined and established as depicted on the map entitled "Official Zoning Map of Bath Charter Township, Clinton County, Michigan" which is an integral part of this ordinance. This map, with all notations and explanatory matter thereon, shall be published as part of this ordinance as if fully described herein. This 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 Bath Charter Township Zoning Ordinance adopted on the 20th day of December, 1982." 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 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 changes(s) were made: (brief description with reference number to board proceedings)."

One copy of the official zoning map is to be maintained and kept up-to-date by the township clerk, accessible to the public and shall be the final authority as to the current zoning status of properties in the township.

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 which 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 Bath Charter Township, adopted on August 21, 1989, which replaces and supersedes the Official Zoning Map which was adopted on December 20, 1982." 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. Two copies of the official zoning map are to be maintained and kept up-to-date, one in the township clerk's office, and one in the township hall.

Where, due to the scale, lack of details, or illegibility of the official zoning map, there is any uncertainty, contradiction, or conflict as to the intended location of any zoning district boundaries show thereon, interpretation concerning the exact location of district boundary lines shall be determined, upon written application, to the board of zoning appeals. The board, in arriving at a decision on such matters, shall apply the following standards:

(1)

The boundaries of zoning districts are intended to follow centerline of alleys, streets or other rights-of-way, or lot lines, or be parallel or perpendicular thereto, unless such district boundary lines are otherwise clearly indicated on the official zoning map.

(2)

Where district boundaries are so indicated that they approximately follow lot of record lines, such lines shall be construed to be boundaries.

(3)

In unsubdivided property, or where a district boundary divides a lot of record, the location of such boundary, unless shown by dimensions on the zoning map, shall be determined by use of the map scale shown thereon.

(4)

Boundaries indicated as approximately following township limits shall be construed as following township limits.

(5)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(6)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with actual shoreline; boundaries indicated as approximately following the centerline of streams, rivers, lakes, or other bodies of water shall be construed to follow such centerline.

(7)

A boundary indicated as parallel to, or an extension of, a feature indicated in section 4.04A through section 4.04G above, the board of zoning appeals shall interpret the district boundaries.

(8)

Where physical or natural features existing on the ground are at variance with those shown on the zoning map, or in other circumstances not covered by section 4.04A through section 4.04G above, the board of zoning appeals shall interpret the district boundaries.

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 same shall attach, and shall be used for those uses as is permitted under this ordinance for such adjoining lands.

Whenever any fill is placed in any lake or stream, the land thus created shall automatically and without further governmental action thenceforth 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.

The regulations herein established within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety and general welfare, and shall be uniform for each class of land or buildings and structures throughout each district. Where there are practical difficulties or hardships in the way of carrying out the strict letter of this ordinance, the board of zoning appeals shall have power in passing upon appeals, in accordance with article XXII herein, to vary or modify regulations and provisions of this ordinance so that the intent and purposes of this ordinance shall be observed, public safety secured and substantial justice done.

(1)

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.

(2)

Uses are permitted by right only if specifically listed as uses permitted by right in the various zoning districts. Where not specifically permitted, uses are thereby prohibited unless construed to be similar to a use expressly permitted by the board of zoning appeals.

(3)

Accessory uses are permitted as indicated for the various zoning districts and if such uses are clearly incidental to the permitted principal uses.

(4)

The uses permitted subject to special conditions are recognized as possessing characteristics of such unique and special nature (relative to location, design, size, etc.) as necessitating individual standards and conditions in order to safeguard the general health, safety, and welfare of the community.

(5)

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.

(6)

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.

(7)

No portion of one lot, once established and/or improved with a building or structure shall be sold unless each lot resulting from each such reduction, division, or sale, shall conform with all of the requirements established herein.

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.

State Law reference— Conflict between zoning and other ordinances, MCL 125.298.