The Township is hereby divided into the following zoning districts as shown on the Official Zoning Map on file in the office of the Township Clerk, which together with all explanatory matter shown thereon, is hereby adopted by reference and declared to be a part of this Ordinance.

(Ord. of 11-12-1987, § 3.01; Amd. No. 78, § 1, 5-14-2015; Ord. No. 2024-01, § 2, 7-11-2024; Ord. No. 2024-04, § 2, 11-14-2024)

These districts, so established, are bounded and defined as shown on the map entitled "Zoning Map of Cohoctah Township" adopted by the Township Board, which with all notations, references and other information appearing thereon, is hereby declared to be a part of this Ordinance and of the same force and effect as if the districts shown thereon were fully set forth herein.

(Ord. of 11-12-1987, § 3.02)

If, in accordance with the procedures of this Ordinance and of Public Act No. 110 of 2006 (MCL 125.3101 et seq.), a change is made in a zoning district boundary, such change shall be made by the Township Clerk with the assistance of the Zoning Administrator promptly after the Ordinance authorizing such change shall have been adopted and published by the Township Board. Other changes in the Zoning Map may only be made as authorized by this Ordinance and such changes, as approved, shall also be promptly made by the Township Clerk.

(Ord. of 11-12-1987, § 3.03)

Regardless of the existence of other copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the Township Clerk, shall be the final authority as to the current zoning status of any land, parcel, lot, district, use, building or structure in the Township.

(Ord. of 11-12-1987, § 3.04)

Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules for interpretation shall apply:

A.

A boundary indicated as approximately following the centerline of a highway, road, alley, railroad or easement shall be construed as following such centerline.

B.

A boundary indicated as approximately following a recorded lot line, a boundary of a parcel, section line, quarter section line, or other survey line shall be construed as following such line.

C.

A boundary indicated as approximately following the corporate boundary line of the Township shall be construed as following such line.

D.

A boundary indicated as following a shoreline shall be construed as following such shoreline, and in the event of change in a shoreline shall be construed as following the actual shoreline.

E.

A boundary indicated as following the centerline of a stream, river, canal, lake or other body of water shall be construed as following such centerline.

F.

A boundary indicated as parallel to or an extension of a feature indicated in Subsections A. through E. above shall be so construed.

G.

A distance not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

H.

All questions concerning the exact location of boundary lines of any zoning district not clearly shown on the Official Zoning Map shall be determined by the Zoning Board of Appeals consistent with the intent and purpose of this Ordinance.

(Ord. of 11-12-1987, § 3.05)

The regulations established by this Ordinance 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 permitted or approved use of land or building, dwelling and structure throughout each district. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Ordinance, the Zoning Board of Appeals shall have the power in passing upon appeals to vary or modify any rules, regulations or provisions of this Ordinance so that the intent and purpose of this Ordinance shall be observed, public safety secured and substantial justice done, all in accordance with the provisions of Article XXII of this Ordinance and MCL 125.3601 et seq.

(Ord. of 11-12-1987, § 3.06)

A.

Except as may otherwise be provided in Article XV, every building and structure erected, every use of any lot, building, or structure established, every structural alteration or relocation of any 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.

All buildings and structures, unless otherwise specified in this Ordinance, shall meet all the requirements of the Michigan State Construction Code administered for the Township by the Livingston County Building Department.

C.

Uses are permitted by right only if specifically listed as principal permitted uses in the various zoning districts or if similar to such listed uses. Accessory uses are permitted as listed in the various districts or if similar to such listed uses, and if such uses are clearly incidental to the permitted principal uses. Special uses are permitted as listed or if similar to the listed special uses and if the required conditions are met.

D.

All uses, buildings, and structures shall conform to the area, placement, and height regulations of the district in which located, unless otherwise provided in this Ordinance.

E.

No part of a yard, or other open space, or off-street parking space 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 yard, open space, or off-street parking lot or loading space similarly required for any other use, building or structure.

F.

No yard 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.

G.

No lot, outlot or other parcel of land in a recorded plat shall be further partitioned or divided unless in conformity with the Zoning and Subdivision Control Ordinances of the Township and the Land Division Act, Public Act No. 288 of 1967 (MCL 560.101 et seq.).

(Ord. of 11-12-1987, § 3.07; Amd. No. 1, 8-11-1988)

All uses of land, buildings or structures shall conform to all applicable local, County, State and Federal laws, rules and regulations that have been promulgated and administered by the respective responsible public agency or official as well as the provisions of the Zoning Ordinance.

(Ord. of 11-12-1987, § 3.08)

Whenever there is a difference between minimum or maximum standards, dimensions, or other provisions in this Ordinance or those contained in lawfully adopted Township, County, State, Federal or other governmental agency rules, regulations, ordinances or laws, the most literal interpretation of the most stringent shall prevail.

(Ord. of 11-12-1987, § 3.09)

The fact that any portion of the written text or districting on the map of this Zoning Ordinance is a function of the lawful use of the police power and shall not be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities in this Ordinance, and such text and map are subject to possible future change, amendment or modification as may be necessary to the present and future protection of the public health, safety and welfare of the Township.

(Ord. of 11-12-1987, § 3.10)

For all uses permitted under the provisions or consequences of this Zoning Ordinance, persons applying for a zoning permit shall follow the requirements of Article XX, "Site Plan Review Procedures," except that all farm dwellings, farm buildings, single-family homes located on a single lot or parcel, and their accessory uses, shall only be required to submit a site plan, prepared in accordance with those relevant portions of Article XX, and submitted with the application for a zoning permit.

(Ord. of 11-12-1987, § 3.11; Amd. No. 81, § 1, 5-11-2017)

State Law reference— Site plan, MCL 125.3501.

Prior to the issuance of any building permit in Cohoctah Township, it shall be necessary for any applicant for construction to first apply for and obtain a zoning permit from the Zoning Administrator of Cohoctah Township in accordance with the provisions of this Zoning Ordinance.

(Ord. of 11-12-1987, § 3.12)

Each zoning district and the uses it permits are designed to represent separate categories of compatible land uses. However, regulations located in other articles in this Zoning Ordinance may also appropriately apply, including those provisions included in Article XVI, "Supplemental Regulations;" Article XV, "Nonconforming Land, Building and Structural Uses;" Article XVIII, "Off-Street Parking, Loading and Unloading Requirements;" Article XIX, "Sign Regulations;" and Article XX, "Site Plan Review Procedures." Applicants for zoning permits should relate their requests to both the appropriate zoning district as to use and the above articles for applicability.

(Ord. of 11-12-1987, § 3.13)

The maintenance of yards, open spaces, lot areas, height and bulk limitations, fences, walls, clear vision areas, parking and loading spaces, signs and all other requirements for a building or use specified within this Ordinance shall be a continuing obligation of the owner of such building or property on which such building or use is located.

(Ord. of 11-12-1987, § 3.14)

(Ord. of 11-12-1987, § 3.15)

A street; square, park, playground, public way, ground, or other open space; or public building or other structure shall not be constructed or authorized for construction in an area covered by a municipal master plan unless the location, character, and extent of the street, public way, open space, structure, or utility have been submitted to the planning commission by the legislative body or other body having jurisdiction over the authorization or financing of the project and has been approved by the planning commission. The planning commission shall submit its reasons for approval or disapproval to the body having jurisdiction. If the planning commission disapproves, the body having jurisdiction may overrule the planning commission by a vote of not less than two-thirds of its entire membership for a township that on the enactment date of this act had a planning commission created under former 1931 PA 285, or for a city or village, or by a vote of not less than a majority of its membership for any other township. If the planning commission fails to act within 35 days after submission of the proposal to the planning commission, the project shall be considered to be approved by the planning commission.

(Ord. of 11-12-1987, § 3.16; Amd. No. 81, § 2, 5-11-2017)

All uses permitted in any district shall be located on lots or parcels of land subdivided in accordance with the provisions of Public Act No. 288 of 1967 (MCL 560.101 et seq.), the Land Division Act, the Cohoctah Township Subdivision Development Ordinance and the Cohoctah Township Land Division Ordinance, as adopted and in effect from time to time.

(Ord. of 11-12-1987, § 3.17; Amd. No. 81, § 3, 5-11-2017)