This chapter shall be known and may be cited as the "City of DeWitt Zoning Ordinance."

Pursuant to the authority granted to the city by the Public Acts of the state, this chapter is established in order to:

a.

Promote and protect the public health, safety, and welfare.

b.

Protect the character and stability of the open space, residential, and nonresidential areas within the city and promote the orderly and beneficial development of such areas.

c.

Provide adequate light, air, privacy and convenience of access to property.

d.

Regulate the intensity of use of land and lot areas and determine the area of open spaces surrounding buildings and structures necessary to provide adequate light and air and to protect the public health.

e.

Avoid congestion on the public highways and streets.

f.

Promote healthful surroundings for family life in residential areas.

g.

Protect the public and adjacent uses from fire, explosion, noxious fumes or odors, excessive heat, dust, smoke, glare, noise, vibration, and other health and safety hazards.

h.

Prevent the overcrowding of land and undue concentration of buildings and structures, so far as possible and appropriate, in each zoning district by regulating the use and bulk of buildings in relation to the land surrounding them.

i.

Enhance the social and economic stability of the city.

j.

Enhance the aesthetic desirability of the environment throughout the city.

k.

Conserve the expenditure of funds for public improvements and services.

l.

Protect natural resources and features.

a.

Zoning districts in this chapter each have a purpose and are based on the city's comprehensive development plan. The districts are sized to be adequate to handle long-term needs, and yet must be monitored relative to any necessary changes or updating as time passes.

b.

While the regulations limit the use of properties, this chapter is intended to provide landowners with a range of choices, flexibility, and options for development.

a.

Interpretation and application. In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, or general welfare. It is not intended by this chapter to impair or interfere with any other existing provision of law or ordinance. However, where this chapter imposes a greater restriction than is required by existing ordinances or by rules, regulations, or permits, the provisions of this chapter shall control.

b.

Vested rights. Except as otherwise noted in this chapter, nothing in this chapter shall 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 therein; and all rights are hereby declared to be subject to such subsequent amendment, change or modification hereof as may be necessary to the preservation or protection of public health, safety, and welfare.

c.

Permitted uses. Except as otherwise provided for in this chapter, 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, and every enlargement of or addition to an existing use, building and structure occurring after the effective date of the ordinance from which this chapter is derived, shall be subject to this chapter.

1.

Uses permitted by right. All land development specifically listed under the heading "uses permitted by right" shall be allowed when determined to be in accordance with all provisions of this chapter and all other applicable laws, regulations or ordinances having jurisdiction over the proposed use of land.

2.

Uses permitted by special land use. All land development specifically listed under the heading of "uses permitted by special land use" in the district description contained in this chapter shall be conducted in accordance with the requirements of article X, special land uses of this chapter.

3.

Uses not specifically mentioned.

(a)

Any use of land or development activity not specifically mentioned in this chapter is prohibited unless determined to be a similar use by the zoning board of appeals (ZBA).

If the ZBA finds that the use is not similar in character to uses listed in this chapter, either by right or as a special use, the applicant may then make application to the planning commission for consideration of an amendment to the zoning ordinance to include the proposed use in one (1) or more of the zoning districts of this chapter.

4.

Uses existing before ordinance. Any use of the land or development activity existing on the effective date of the ordinance from which this chapter is derived may continue subject to the provisions contained in article XIII, non-conforming uses, buildings or structures, lots, and sites of this chapter.

The right to continue a land use or activity or construct a building or structure which is either permitted by this chapter or established as a legal nonconformity shall be vested with the property rather than the owner. No rights shall be terminated for reasons of transfer of ownership. The right to continue a land use or activity shall transfer automatically upon the conveyance of the property unless terminated pursuant to article XIII, non-conforming uses, buildings or structures, lots, and sites of this chapter.