The provisions of this chapter shall not be retroactive. At the discretion of the owners, the lawful use of any dwelling, building or structure, and of any land or premises as existing and lawful at the time of enactment of this chapter may be continued even though such use does not conform with the provisions of this chapter, or in the case of an amendment, then at the time of the amendment.

(Code 1992, § 24-51; Ord. No. 304, § 301, 6-2-2003)

Except as provided by article VII, all land and premises shall be used and all buildings and structures shall be located, erected and used in conformity with the provisions of this chapter.

(Code 1992, § 24-52; Ord. No. 304, § 302, 6-2-2003)

The city is hereby divided into the following zoning districts as shown on the official zoning map, which, together with all explanatory matter shown thereon, is hereby adopted by reference and declared to be a part of this chapter: 

(Code 1992, § 24-53; Ord. No. 304, § 303, 6-2-2003)

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

(Code 1992, § 24-54; Ord. No. 304, § 304, 6-2-2003)

In accordance with the procedures of this section and of Public Act No. 110 of 2006 (MCL 125.3101 et seq.), if a change is made in a zoning district boundary, such change shall be made by the city clerk with the assistance of the zoning administrator promptly after the ordinance authorizing such change has been adopted and published by the city council. Other changes in the zoning map may only be made as authorized by this section, and such changes, as approved, shall also be promptly made by the city clerk with the assistance of the zoning administrator.

(Code 1992, § 24-55; Ord. No. 304, § 305, 6-2-2003; Ord. No. 315, 7-24-2007)

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 city clerk, shall be the final authority as to the current zoning status of any land, parcel, lot, district, use, building or structure in the city.

(Code 1992, § 24-56; Ord. No. 304, § 306, 6-2-2003)

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

1. A boundary indicated as approximately following the centerline of a highway, street, alley, railroad or easement shall be construed as following such centerline.
2. 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 lot line.
3. A boundary indicated as approximately following the corporate boundary line of the city shall be construed as following such boundary line.
4. A boundary indicated as following a shoreline shall be construed as following the established or median shoreline.
5. 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.
6. A boundary indicated as parallel to or an extension of a feature indicated in subsections (a) through (e) of this section shall be so construed.
7. A distance not specifically indicated on the official zoning map shall be determined by the scale of the map.
8. 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 chapter.

(Code 1992, § 24-57; Ord. No. 304, § 307, 6-2-2003)

1. Generally. 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, building, structure, or use throughout each district.
2. Conformance with regulations required. No building shall hereafter be erected, altered, or moved, nor shall any building or premises hereafter be used for any purpose other than is permitted in the district in which said building or premises is located, except by appeal as herein described by this chapter. Whenever the requirements of this chapter vary from the requirements of any other adopted regulations or ordinances, the most restrictive or those imposing the higher standards shall govern. Except as hereinafter provided, district regulations shall be applied in the following manner:
   1. Uses in districts.
      1. Permitted uses. Permitted uses shall be permitted by right only if specifically listed as principal permitted uses in the various zoning districts or if they are similar to such listed uses.
      2. Accessory uses. Accessory uses are permitted only if such uses are clearly incidental to the permitted principal uses.
      3. Special uses. Special uses are permitted as listed or if similar to the listed special uses.
   2. Application of area and width regulations.
      1. The area or width of a lot shall not be reduced below the minimum requirements herein established for the district in which such lot is located.
      2. Every parcel of land shall meet the minimum lot width requirements set forth in the table in section 44-115, schedule of area, height, width and setback regulations, and shall have frontage on and direct access to a public street which has been accepted for maintenance by the city.
   3. Application of yard regulations.
      1. No part of a yard required for any building for the purposes of compliance with this chapter shall be included as a part of a yard or other open space similarly required for another building.
      2. All front yard setback lines shall be the minimum perpendicular distance measured from the street right-of-way or waterfront upon which a lot or parcel fronts to the nearest point of the principal structure.
      3. All side and rear yard setback lines shall be the minimum perpendicular distance between the nearest point on the side or rear of the structure and the side or rear lot line parallel thereto.
      4. On corner lots, the required front yards shall be provided along both street frontages.
      5. No building, structure, fence, or other permanent improvement shall be permitted to be erected or located within a public right-of-way except for those improvements authorized by the city.
   4. Application of height regulations.
      1. No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, as set forth in the table in section 44-115, schedule of area, height, width and setback regulations.
      2. Exemption to height regulations. Roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, screens, flagpoles, chimneys, smokestacks, water tanks, or similar structures, may be erected above the height limits herein prescribed. No such structure shall exceed the height limit of the district in which it is located by more than 15 feet.
      3. Communications towers shall be subject to the regulations set forth in section 44-200, wireless communication devices.
   5. Location and number of buildings on lot of record.
      1. Every building erected, altered, or moved shall be located on a lot of record as defined herein.
      2. There shall be only one single-family dwelling permitted per lot. Where there is more than one single-family dwelling located on a lot of record at the time of adoption of this chapter, said dwelling shall not be divided from the lot except in conformity with the requirements of this chapter.

(Code 1992, § 24-58; Ord. No. 304, § 308, 6-2-2003)

1. 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 this chapter.
2. Uses of land or buildings or structures for commercial uses or purposes that are prohibited by or contrary to federal, state or local regulations and ordinances are expressly prohibited in any zoning district within the city. Subject to this limitation, and in accordance with the state medical marihuana act, Initiated Law 1 of 2008 (MCL 333.26423(d)), the following are exempt from this prohibition:
   1. The use or possession of marihuana by a registered qualifying patient as defined in the Michigan medical marihuana act, Initiated Law 1 of 2008 (MCL 333.26421 et seq.);
   2. The growth/cultivation of marihuana as defined in the Michigan Medical Marihuana Act, PA 2008, Initiated Law, as amended.

(Code 1992, § 24-59; Ord. No. 304, § 309, 6-2-2003; Ord. No. 340, pt. I, 9-4-2012)

Whenever there is a difference between minimum or maximum standards, dimensions, or other provisions in this chapter or those contained in lawfully adopted county, state, federal or other governmental agency rules, regulations, ordinances or laws, the most liberal interpretation of the most restrictive or the one imposing the most desirable standard shall prevail.

(Code 1992, § 24-60; Ord. No. 304, § 310, 6-2-2003)

The fact of any portion of the written text or districting on the map of this chapter 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 chapter, and is 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 city.

(Code 1992, § 24-61; Ord. No. 304, § 311, 6-2-2003)

1. All uses permitted under the provisions or consequence of this chapter applying for a zoning permit shall follow the requirements of article XI of this chapter, except that all single-family homes located on a single lot or parcel shall only be required to submit a site plan, prepared in accordance with those relative portions of article XI of this chapter and submitted with the application for a zoning permit.
2. In addition to the requirements of article XI of this chapter, site plan review procedures, all developments must adhere to the current standards of design as adopted by the city council.

(Code 1992, § 24-62; Ord. No. 304, § 312, 6-2-2003; Ord. No. 319, 1-5-2009)

State law reference(s)—Submission and approval of site plan, MCL 125.3501.

Prior to the issuance of any building permit in the city, it shall be necessary for any applicant for construction under the provisions of the state construction code to first apply for and obtain a zoning permit from the zoning administrator in accordance with the provisions of this chapter.

(Code 1992, § 24-63; Ord. No. 304, § 313, 6-2-2003)

Each zoning district and the uses it permits are designed to represent separate categories of compatible land uses. However, regulations controlling other articles in this chapter may also appropriately apply, including those provisions included in article VIII of this chapter, supplemental regulations; article VII of this chapter, nonconforming land, building and structural uses; article IX of this chapter, off-street parking, loading and unloading requirements; article X of this chapter, signs; and article XI of this chapter, site plan review procedures. Applicants for zoning permits must follow both the appropriate zoning district and the above articles as applicable.

(Code 1992, § 24-64; Ord. No. 304, § 314, 6-2-2003)

It is the intent and purpose of this chapter to limit the permitted and special land uses and activities to those specifically included in the respective zoning districts. Any uses not listed shall be added only by the zoning amendment procedure as required in article XV of this chapter, amending the zoning ordinance.

(Code 1992, § 24-65; Ord. No. 304, § 315, 6-2-2003)

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 buildings or uses specified within this chapter and developments required and approved on site plans shall be a continuing obligation of the owners of such buildings or properties on which such buildings or uses are located.

(Code 1992, § 24-66; Ord. No. 304, § 316, 6-2-2003)