For the purposes of this Ordinance, the City of Eaton Rapids is hereby divided into thirteen (13) classes of districts known as follows:

Flood Plain District - (FPD)
Traditional Residential District - (TRD)
Low Density Single-Family Residential District - (RD1)
Single-Family and Two-Family Residential District - (RD2)
Multiple-Family Residential District - (MFRD)
Manufactured Housing Park District - (MHPD)
Central Business District - (CBD)
Local Business District - (LBD)
General Business District - (GBD)
Limited Industrial District - (LID)
General Industrial District - (GID)
Mixed Use District - (MXD)
Planned Unit Development - (PUD)

The boundaries of the zoning districts are hereby established as shown on the zoning map, City of Eaton Rapids, Michigan, which is hereby made an integral part of this Ordinance. All references, notations, and information shown thereon shall be as much a part of this Ordinance as if fully described herein.

Editor's note— The zoning map referred to in this article and through-out the zoning ordinance is on file in the office of the city clerk.

The boundaries of zoning districts, as shown on the zoning map, unless otherwise shown by dimensions from street lines or other designated lines, follow the center of the streets or alleys or lot lines, and such lines extended and the corporate limits of the city as they exist at the time of adoption of this Ordinance.

Where a district boundary line, as established in the above paragraph or as shown on the zoning map, divides a lot which was in single ownership and of record at the time of enactment of this Ordinance, a district boundary shall be fixed from the scale of the zoning map. The use authorized thereon and the other district requirements applying to the most restricted portion of such lot shall be considered as extending to the entire lot. The use so extended shall be deemed to be conforming.

All street and alley rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such street and alley rights-of-way. Where the centerline of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

Questions concerning the exact location of district boundary lines shall be determined by the zoning board of appeals after recommendation from the planning commission, according to rules and regulations which may be adopted by it.

A.

Amendments or supplements to this Zoning Ordinance may be made from time to time in the manner provided by law.

The regulations and provisions stated in the text of this Ordinance and the boundaries of zoning districts shown on the zoning map may be amended, supplemented, or changed by ordinance of the city council.

Proposals for amendments, supplements, or changes may be initiated by the city council on its own motion, by the planning commission, or by petition of a property owner or their designated representative.

The procedure to be followed for initiating and processing an amendment shall be as follows:

1.

Each petition by one (1) or more persons for an amendment shall be submitted by application to the building inspector on a standard form as provided.

2.

The planning commission shall conduct at least one (1) public hearing, notice of the time and place of which shall be given by publication in the official newspaper at least fifteen (15) days before the date of such hearing. In addition, all persons who own real property or are occupants of structures within three hundred (300) feet of the property to be rezoned shall be notified of the hearing by personal delivery or the mail. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one (1) dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organization, one (1) occupant of each unit or spatial area shall receive notice. In the case of a structure containing more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals or businesses, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall be given at least five (5) and not more than fifteen (15) days before the application will be considered. Notice of such public hearing shall also be given by mail to each public utility and/or railroad within the districts or zones affected.

3.

The planning commission shall review each proposal in terms of particular factors related to the individual proposal and in terms of the most likely effect on the community's physical development. Following review, the planning commission shall submit their recommendation to the city council. The city council will act upon the request by granting approval, disapproval, or referral back to the planning commission for additional study.

4.

Upon presentation of a protest petition meeting the requirements of this subsection, an amendment to a zoning ordinance which is the object of the petition shall be passed only by a two-thirds (⅔) majority vote of the legislative body, unless a larger vote, but not to exceed a three-quarters (¾) vote, is required by ordinance or charter. The protest petition shall be presented to the legislative body before final legislative action on the amendment and shall be signed by one (1) of the following:

a.

The owners of at least twenty (20) per cent of the area of land included in the proposed change.

b.

The owners of at least twenty (20) per cent of the area of land included within an area extending outward one hundred (100) feet from any point on the boundary of the land included in the proposed change.

B.

No application for commission approval which has been wholly or in part denied shall be resubmitted until the expiration of one (1) year or more from the date of denial, except on the grounds of newly discovered evidence or proof of changed conditions found to be sufficient to justify reconsideration by the planning commission.

A.

For amendment requests to add uses to a zoning district, the planning commission and city council shall use the following as a guide:

1.

The proposed use is not already provided for elsewhere in the Ordinance.

2.

The proposed use is compatible with uses already permitted in that district.

3.

The proposed use relates well with the city's land use plan and/or master plan.

4.

The proposed use relates well with the spirit and intent of this Ordinance, and with the objectives of the zoning district.

5.

The proposed use is properly located in the district.

6.

The proposed use is most appropriate in the district if permitted by special conditional land use permits.

7.

There is a need to add the proposed use.

B.

For amendment requests to change or to add additional regulations or standards to a district or a use, the planning commission and city council shall use the following as a guide:

1.

The proposed rule, change, or addition helps to reinforce the land use plan and/or master plan.

2.

The proposed rule, change, or addition is in keeping within the spirit and intent of this Ordinance, and with the objectives of the zoning district.

3.

The problem or issue which the change is intended to address cannot be accomplished in another, more appropriate fashion.

4.

The proposed amendment would correct an error in the Ordinance.

5.

The proposed amendment would clarify the intent of the Ordinance.

6.

Documentation has been provided indicating problems and conflicts in implementation or interpretation of specific sections of this Ordinance.

7.

The proposed amendment would address changes to state or federal legislation.

8.

The proposed amendment would address potential legal issues or administrative problems with this Ordinance based on recent case law or opinions rendered by the Attorney General of the State of Michigan.

9.

The proposed amendment would promote compliance with changes in other city ordinances and/or county, state, or federal regulations.

10.

The proposed amendment is supported by the findings or reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements, and similar technical items.

11.

Other criteria as determined by the planning commission or city council which would protect the health, safety, and welfare of the public, protect public and private investment in the city, promote implementation of the goals and policies of the land use plan and/or master plan, and enhance the overall quality of life in the city.

C.

For amendment requests to change, create, extend, or reduce a mapped zoning district, the planning commission and city council shall use the following as a guide:

1.

The proposed zoning district is more appropriate than any other zoning district, or more appropriate than adding the desired use as a conditional land use in the existing zoning district.

2.

The property cannot be reasonably used as zoned, and the applicant cannot receive a reasonable return on investment through developing the property with one (1) of the uses permitted under current zoning.

3.

The proposed zone change is supported by and consistent with the goals, policies, and future land use maps of the adopted city land use plan and/or master plan, including any subarea or corridor studies. If conditions have changed since the master plan was adopted, as determined by the planning commission, the consistency with recent development trends in the area shall be considered.

4.

The proposed zone change is compatible with the established land use pattern, surrounding uses, and surrounding zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential influence on property values, and is not consistent with the needs of the community.

5.

All the potential uses allowed in the proposed zoning district are compatible with the site's physical, geological, hydrological, and other environmental features.

6.

The change would not severely impact traffic, public facilities, utilities, and the natural characteristics of the area, or significantly change population density, and would not compromise the health, safety, and welfare of the city. The planning commission may require a general impact assessment in accordance with the requirements of this Ordinance if it determines the proposed zoning change could have a negative impact upon traffic, public facilities, utilities, natural characteristics, population density, or other concerns.

7.

The rezoning would constitute and create an isolated and unplanned "spot zone" granting a special privilege to one land owner not available to others.

8.

The change of present district boundaries is consistent in relation to existing uses, and construction on the site will be able to meet the dimensional regulations for the proposed zoning district listed in the schedule of regulations.

9.

There has been a change of conditions in the area supporting the proposed rezoning.

10.

Adequate sites are neither properly zoned nor available elsewhere to accommodate the proposed uses permitted in the requested zoning district.

11.

There was a mistake in the original zoning classification.

12.

The request has not previously, within the past one (1) year been submitted, unless conditions have changed or new information has been provided.

D.

Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the city council and published, without necessity of a public hearing or referral thereof to any other board or agency.

Within each zoning district there are uses which when developed in accordance with sound planning and site plan principles are consistent with the purposes and objectives of the district. For the purposes of this Ordinance, these uses shall be known as principal permitted uses as set forth in the individual district and shall be allowed within that particular district subject to the development requirements for the district.

A.

Purpose and Intent. Within each zoning district it is recognized that there are uses, because of their unique characteristics, [which] cannot be properly classified in any particular district or districts without consideration in each case of the impact of such uses upon neighboring land, and of the public need for the particular use at the particular location. Such uses may be consistent with the purpose and objectives of the particular zoning district only in specific location, under specific conditions and when developed in accordance with sound planning and site planning principals.

The intent of this section is to provide regulation for uses which are essentially compatible with principal permitted uses in a given district, but which, by reason of the special nature of such uses or their particular location in relation to neighboring properties, require a stricter level of review by the city. Accordingly, conditional uses should not be permitted without consideration of relevant restrictions or conditions being imposed which address their unique characteristics.

B.

Authorization. The conditional use approval of specific land uses and activities, as required under this Ordinance, all titled "Conditional Uses", may be authorized by the city council following recommendation from the planning commission, provided that no application for conditional use approval shall be acted upon until after a public hearing is held in accordance with the provisions of state law and this Ordinance. The city council shall take final action on all conditional uses.

C.

Applications. An application for conditional use approval for a land use shall be filed and processed in the manner prescribed for an application for development plan review in Article XXIII of this Ordinance, and shall be accompanied by the payment of a fee as established by resolution of the city council. Any application for conditional use approval shall be filed simultaneously with an application for development plan review for the subject use.

[D., E.

Reserved.]

F.

Conditions of Approval. The city council may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights on nearby parcels, and for insuring that the purposes of this Ordinance and the general spirit and purpose of the district in which the special use is proposed will be observed. Conditional use approvals may be granted for a specific time period as determined by the city council.

G.

Approval. The city council may deny, approve, or approve with conditions any request for conditional use approval of a land use. The decision on a conditional use approval shall be incorporated in a statement of conclusions relative to the specific land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

1.

Prior to granting any conditional use approval, the city council may impose any additional conditions or limitations as, in its judgement, may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the review considerations and applicable regulations of this Ordinance are met.

2.

Approval of a conditional use, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property.

3.

A record of decision or recommendation of the planning commission and the city council, the reasons for the decision reached, and any conditions attached to such decision shall be kept and made a part of the minutes of the planning commission and the city council.

4.

The building inspector shall make periodic investigations of developments authorized by conditional use approval to determine continued compliance with all requirements imposed by the city council. Noncompliance with the requirements and conditions approved for the conditional use shall constitute grounds for the planning commission to terminate the approval following a public hearing. Such hearing shall be held in accordance with the procedures used for the original hearing as required by this Ordinance.

H.

Records. The conditions imposed with respect to the conditional use approval of a land use or activity shall be recorded in the record of the conditional use approval action and shall remain unchanged except upon the mutual consent of the city council and the landowner. The city council shall maintain a record of changes granted with conditions.

All parcels of land that are brought under control of the city thru land transfer agreements shall be zoned RD-1, Single - Family Residential District unless there is a provision in the land transfer agreement determining the zoning of those parcels.

(Ord. No. 2002-5, 8-26-02)