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Dundee City Zoning Code

ARTICLE 4

- ESTABLISHMENT OF ZONING DISTRICTS

Section 4.01.- Establishment of Districts.

A.

The Village of Dundee is hereby divided into the following zoning districts to be known as, and having the following names and symbols:

Districts
RA, One Family Residential
RA-1, One-Family Residential
RA-2, One-Family Residential
RA-3, One Family Residential
RM-1, Medium Density Multiple-Family Residential
RM-2, High Density Multiple-Family Residential
MHC, Manufactured Housing Community
LC, Limited Commercial
B-1, Central Business District
B-2, General Business
B-4, Interchange Business District
M-1, Manufacturing
M-2, Heavy Manufacturing

 

Section 4.02. - Official Zoning Map.

For the purpose of this Ordinance, zoning districts as provided herein are bounded and defined as shown on a map entitled "Official Zoning Map of the Village of Dundee." The Official Zoning Map, with all explanatory matter thereon, is hereby made a part of this Ordinance.

A.

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

1.

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

2.

A boundary indicated approximately following a recorded lot line or the line bounding a parcel shall be construed as following the line.

3.

A boundary indicated as approximately following a municipal boundary line of a city, village, or township shall be construed as following the line.

4.

A boundary indicated as following a railroad line shall be construed as being located midway in the right-of-way.

5.

A boundary indicated as following a shoreline shall be construed as following the shoreline, and in the event of change in the shoreline, shall be construed as following the shoreline existing at the time the interpretation is made.

6.

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

7.

A boundary indicated as parallel to, or an extension of, features in paragraphs (1)—(6) proceeding shall be so construed.

8.

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

9.

Where a physical or cultural feature existing on the ground is at variance with that shown on the Official Zoning Map or any other circumstances not covered by paragraphs (1)—(8) proceeding, the Board of Appeals shall interpret the location of the zoning district boundary.

10.

Where a district boundary line divides a lot, which is in single ownership at the time of adoption of this Ordinance, the Board of Appeals may permit an extension of the regulations for either portion of the lot to the nearest lot line, but not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.

11.

A boundary indicated for a commercial or industrial district shall be made in writing and witnessed by the signature of the President of the Village Board of Trustees and Village Clerk.

B.

Authority of Official Zoning Map. Regardless of the existence of purported copies of the Official Zoning Map which, from time to time, may be made or published, the Official Zoning Map shall be the final authority as to the current zoning status of any land, parcel, lot, district, use, building or structure in the Village. The Official Zoning Map shall be located in the office of the Village Clerk and shall be open to public inspection.

C.

Changes to Official Zoning Map. If, in accordance with the procedures of this Article and the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, M.C.L. 125.3101 et seq., a change is made in a zoning district boundary, such change shall be entered onto the Official Zoning Map by outlining the area or parcel of land that was rezoned, along with the new zoning district symbol and local amendment number. There shall also be recorded in the box labeled "REVISIONS" the following information:

1.

Date when the amendment was made;

2.

The local zoning amendment identification number; and

3.

The initials of the amending person.

4.

For the purposes of this Section only the Village President or Village Clerk may make such change(s).

D.

Replacement of Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature and the number of changes made thereto, the Village Council may adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions on the Official Zoning Map, but such corrections shall not have the effect of amending this Ordinance or the Official Zoning Map.

Unless the prior Official Zoning Map has been lost or has been totally destroyed, the poor map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.

E.

Whenever any street, alley or other public right-of-way is vacated, such street, alley, or other public right-of-way, or portion thereof, shall automatically be classified in the same zoning district as the property to which it attaches.

F.

When Village boundary alterations are made or there are land transfers to the Village, one (1) of the following conditions shall apply:

1.

Land zoned prior to boundary alterations or land transfers shall be classified as being in whichever district provided in this Ordinance that most clearly conforms to the zoning that existed prior to the alteration or transfer. This classification may be recommended by the Planning Commission to the Village Board of Trustees for their approval.

2.

The existing zoning regulations for the subject area shall remain in effect for a period of two (2) years after the alteration or transfer unless the Village Board of Trustees lawfully adopts other zoning regulations or ordinances.

3.

Land not zoned prior to the alteration or transfer shall be automatically classified as being in the RA, One-Family Residential District until a zoning map for said area has been adopted by the Village Board of Trustees. The Planning Commission shall recommend the appropriate zoning district(s) for such area within three (3) months of the alteration or transfer.

4.

Final zoning changes to land involved in boundary alterations or land transfers shall be consistent with the Village of Dundee Master Plan designations for the property unless conditions have changed to warrant deviation from the plan.

Section 4.03. - Determination of "Similar Uses".

A.

Evaluation Criteria. Since every type of potential use cannot be addressed in this Ordinance, each district provides for "similar uses," referencing this Section. All applications shall be submitted to the Planning Commission for review and approval, based on the following standards.

1.

A finding the proposed use is not listed as a Permitted or Special Land Use in any zoning district.

2.

If the use is not addressed in this Ordinance, the Planning Commission shall select the use listed in this Ordinance which most closely resembles the proposed use using criteria such as potential impact on property values, nature of use, aesthetics, traffic generated, aesthetics, noise, vibration, dust, smoke, odor, glare and other objectionable impacts terms of health, safety, and welfare in the Village.

3.

Once a similar use is determined, the proposed use shall comply with any special land use standards that apply to the similar use.

4.

Where the Planning Commission determines a proposed use is not similar to a use addressed in this Ordinance, the applicant may petition for an amendment to this Article, as described in Article 22.