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Elk Rapids City Zoning Code

ARTICLE II

- ZONING DISTRICTS

Sec. 44-37. - Established.

For the purpose of this chapter, the village hereby establishes the following zoning districts:

(1)

R-1 Single-Family Residential District.

(2)

R-2 Single-Family Residential District.

(3)

R-3 Single-Family Residential District.

(4)

RM-L Multifamily Residential District (low density).

(5)

RM-H Multifamily Residential District (high density).

(6)

RM-MH Multifamily Residential District (mobile homes).

(7)

B-1 Local Business District.

(8)

B-2 Central Business District.

(9)

B-3 Commercial Business District.

(10)

I-1 Light Industrial District.

(11)

P-1 Public Lands District.

(Ord. No. 458, § 301, 3-2-2015)

Sec. 44-38. - Zoning district intent.

District Intent: R-1 Single-Family Residential District

District IntentPermitted UsesUse Requiring a
Special Land Use Permit
The R-1 zoning district is designed to accommodate lower density single-family and, where lots are more than twice the minimum lot area and lot width, two-family dwellings. Information Educational services (section 44-164)*
Multiple-family dwelling uses may be approved when lands in the zone are developed as a planned unit development in accordance with section 44-273. Satellite signal receiving antenna ≤ one meter Schools-Private elementary and secondary
Satellite signal receiving antenna > one meter (section 44-114)* Colleges and universities public and private
Health care and social assistance Health care and social assistance
State-licensed residential care facility ≤ 6 individuals Nursing and residential care facilities (section 44-164)*
Accommodation and food services Individual and family social services (section 44-165) (section 44-166)*
Bed and breakfast establishments (section 44-111)* Arts, entertainment and recreation
Private households Golf courses and country clubs (section 44-162)*
Arts, entertainment and recreation Accommodation and food services
Museums, historical sites and similar institutions (section 44-101)* Roominghouses and boardinghouses, fraternity houses and similar organizations housing (section 44-157)*
Uses not elsewhere classified (NEC) Other services
Single-family dwelling Religious organizations (section 44-164)*
Two-family dwelling Public administration (section 44-164)*
Short-term rentals (section 44-113)* Uses not elsewhere classified (NEC)
Mobile homes in residential districts (section 44-100)* State-licensed residential care facility 7 to 10 individuals, group day care home (section 44-165) (section 44-166)*
Model dwelling units (section 44-102)* Planned unit developments (section 44-273)
Accessory dwelling units (section 44-117) * = Use specific standards in article V of this chapter apply
Accessory building, structure or use
Home occupations (section 44-112)*
Recreational vehicle and watercraft storage (section 44-103)*
Solar collectors
Private swimming pools (section 44-105)*
Yard sales (section 44-107)*
Public and private utility service lines
Wind energy systems (section 44-115)*
Mobile food vending (section 44-239)*
* = Use specific standards in article IV of this chapter apply

 

District Intent: R-2 Single-Family Residential District

District IntentPermitted UsesUse Requiring a
Special Land Use Permit
The R-2 zoning district is designed to accommodate lower density single-family and, where lots are more than twice the minimum lot area and lot width, two-family dwelling units, in areas within the village planning jurisdiction that have been identified as having historic value or environmentally sensitive areas. The reduced required lot size reflects the small lot character of these established areas of the community. Information Educational services (section 44-164)*
Satellite signal receiving antenna ≤ one meter Schools-Private elementary and secondary
Satellite signal receiving antenna > one meter (section 44-114)* Colleges and universities public and private
Health care and social assistance Health care and social assistance
State-licensed residential care facility ≤ 6 individuals Nursing and residential care facilities (section 44-164)*
Accommodation and food services Individual and family social services (section 44-165) (section 44-166)*
Bed and breakfast establishments (section 44-111)* Arts, entertainment and recreation
Private households Golf courses and country clubs (section 44-162)*
Arts, entertainment and recreation Accommodation and food services
Museums, historical sites and similar institutions (section 44-101)* Roominghouses and boardinghouses
Uses not elsewhere classified (NEC) Fraternity houses and similar organizations housing (section 44-157)*
Single-family dwelling Other services
Two-family dwelling Religious organizations (section 44-164)*
Short-term rental (section 44-113)* Public administration (section 44-164)*
Mobile homes in residential districts (section 44-100)* Uses not elsewhere classified (NEC)
Model dwelling units (section 44-102)* State-licensed residential care facility 7 to 10 individuals, Group day care home (section 44-165) (section 44-166)*
Accessory dwelling units (section 44-117) Planned unit developments (section 44-273)
Accessory building, structure or use * = Use specific standards in article V of this chapter apply
Home occupations (section 44-112)*
Recreational vehicle and watercraft storage (section 44-103)*
Solar collectors
Private swimming pools (section 44-105)*
Yard sales (section 44-107)*
Public and private utility service lines
Wind energy systems (section 44-115)*
Mobile food vending (section 44-239)*
* = Use specific standards in article IV of this chapter apply

 

District Intent: R-3 Single-Family Residential District

District IntentPermitted UsesUse Requiring a
Special Land Use Permit
The R-3 zoning district is designed to accommodate single-family housing in residential areas that are presently platted at less than 65-foot width Information Educational services (section 44-164)*
Satellite signal receiving antenna ≤ one meter Schools-Private elementary and secondary
Satellite signal receiving antenna > one meter (section 44-114)* Colleges and universities public and private
Health care and social assistance Health care and social assistance
State-licensed residential care facility ≤ 6 individuals Nursing and residential care facilities (section 44-164)*
Accommodation and food services Individual and family social services (section 44-165) (section 44-166)*
Bed and breakfast establishments (section 44-111)* Arts, entertainment and recreation
Private households Golf courses and country clubs (section 44-162)*
Arts, entertainment and recreation Accommodation and food services
Museums, historical sites and similar institutions (section 44-101)* Roominghouses and boardinghouses
Uses not elsewhere classified (NEC) Other services
Single-family dwelling Fraternity houses and similar organizations housing (section 44-157)*
Short-term rentals (section 44-113)* Religious organizations (section 44-164)*
Mobile homes in residential districts (section 44-100)* Public administration (section 44-164)*
Model dwelling units (section 44-102)* Uses not elsewhere classified (NEC)
Accessory dwelling units (section 44-117) State-licensed residential care facility 7 to 10 individuals, group day care home (section 44-165) (section 44-166)*
Accessory building, structure or use Planned unit developments (section 44-273)
Home occupations (section 44-112)* * = Use specific standards in article V of this chapter apply
Recreational vehicle and watercraft storage (section 44-103)*
Solar collectors
Private swimming pools (section 44-105)*
Yard sales (section 44-107)*
Public and private utility service lines
Wind energy systems (section 44-115)*
Mobile food vending (section 44-239)*
* = Use specific standards in article IV of this chapter apply

 

District Intent: RM Multifamily Zoning Districts

District IntentPermitted UsesUse Requiring a
Special Land Use Permit
The RM multifamily zoning districts are designed to accommodate multifamily dwelling units as well as some types of mobile homes used as dwellings in mobile home parks. The RM districts are differentiated for use and density purposes as follows: Residential permitted uses Multifamily dwellings (section 44-167)*
Single-family dwelling Roominghouses and boardinghouses (section 44-157)*
The RM-L Low Density Multiple District has an overall density not exceeding six units per acre. Two-family dwellings Recreational vehicle parks and camp sites (section 44-158)*
State-licensed residential care facility ≤ 6 individuals Organizational hotels and lodginghouses (section 44-157)*
Mobile food vending (section 44-239)*
The RM-H High Density Multiple District has a density based on the following minimum lot area that shall be required in the RM-H District: Private households Golf courses and country clubs (section 44-162)*
Bed and breakfast establishments (section 44-111)* Mobile home parks and subdivisions (section 44-168)*
Mobile food vending (section 44-239)*
One-family = 9,600 sq. ft. for each dwelling unit Cable television Nursing and personal care facilities (section 44-164)* (section 44-165)
Satellite signal receiving antenna one meter or less Schools-Private Elementary and Secondary (section 44-164)*
Two-family = 7,260 sq. ft. for each dwelling unit Short-term rentals (section 44-113)* Colleges and Universities public and private (section 44-164)*
Mobile homes (section 44-100)* Individual and family social services (section 44-164)*
Multifamily = 8,000 sq. ft. for the first dwelling unit, plus 5,000 sq. ft. for each additional 3 or more bedroom units, 4,000 sq. ft. for each additional two bedroom unit, and 3,000 sq. ft. for each one bedroom or efficiency unit Model dwelling units (section 44-102)* Group day care home (section 44-165)
Institutional permitted uses State-licensed residential care facility 7 to 10 individuals (section 44-164) (section 44-165)*
RM-MH Multifamily Residential Mobile Home District Schools-Public elementary and secondary Religious organizations (section 44-164)*
Public and private utilities Governmental uses (section 44-164)*
Mobile food vending (section 44-239)*
The RM-MH Mobile Home Multiple District allows mobile home parks and mobile home subdivisions in accordance with section 44-168 and section 44-235 Museums, botanical and zoological gardens (section 44-101)* Planned unit developments (section 44-273)
Accessory permitted uses * = Use specific standards in article V of this chapter apply
Accessory building, structure or use
Accessory dwelling units (section 44-117)
Home occupations (section 44-112)*
Private swimming pools (section 44-105)*
Recreational vehicle and watercraft storage (section 44-103)*
Satellite signal receiving antenna greater than one meter (section 44-114)*
Solar collectors
Yard sales (section 44-107)*
Wind energy systems (section 44-115)*
* = Use specific standards in article IV of this chapter apply

 

District Intent: B-1 Local Business District

District IntentPermitted UsesUse Requiring a
Special Land Use Permit
The B-1 Local Business Zoning District is designed to accommodate a limited variety of commercial activities. Uses allowed in this district should be low-impact and have little effect on neighboring residential uses. Day time hours of operation are appropriate. Night lighting should be minimal. Structures should be of residential scale and should have a residential character to their architecture and landscaping. Manufacturing Information
Printing and related support activities (section 44-109)* Libraries and archives (section 44-164)*
Retail trade Educational services (section 44-164)*
Food and beverage stores Schools-Private elementary and secondary
Health and personal care stores Colleges and universities public and private
Clothing and clothing accessory stores Technical and trade schools
Sporting goods, hobby, book and music stores Other schools of instruction NEC
Information Health care and social assistance
Publishing industries (section 44-109)* State-licensed residential care facilities 7 to 10 individuals (section 44-164) (section 44-165)*
Satellite signal receiving antenna ≤ one meter Individual and family social services (section 44-165)
Satellite signal receiving antenna > one meter (section 44-114)* Childcare services (section 44-165)
Finance and insurance Other services
Real estate, rental and leasing Religious organizations (section 44-164)*
Professional, scientific and technical services Parking lots and garages (section 44-231)
Veterinary services-Small animals (section 44-109)* Public administration (section 44-164)*
Management of companies and enterprises Uses not elsewhere classified (NEC)
Administrative and support and waste services Planned unit developments (section 44-273)
Health care and social assistance * = Use specific standards in article V of this chapter apply
Offices of physicians
Offices of dentists
Offices of other health practitioners
Medical diagnostic and dental laboratories
State-licensed residential care facilities ≤ 6 individuals
Arts, entertainment, and recreation
Theatrical producers (section 44-109)*
Museums, historical sites and similar institutions (section 44-101)*
Aerobic dance or exercise center
Other services
Electronic and precision equipment repair
Personal and household goods repair
Personal care services
Coin-operated laundry and dry cleaners (section 44-109)*
Religious, civic, professional and similar services
Uses not elsewhere classified (NEC)
Single-family dwellings (section 44-109)*
Accessory building, structure or use
Private swimming pool (section 44-105)*
Yard sales (section 44-107)*
Public and private utility lines
Wind energy systems (section 44-115)*
Mobile food vending (section 44-239)*
* = Use specific standards in article IV of this chapter apply

 

District Intent: B-2 Central Business District

District IntentPermitted UsesUse Requiring a
Special Land Use Permit
The B-2 Central Business District is designed to accommodate the traditional downtown commercial enterprises, such as, shopping oriented retail, offices, restaurants, personal service businesses, public facilities and the like. They should be of a type where people will visit several locations and walk from one establishment to the next. Convenient store front parking should not be a high priority. Establishments serving fast foods are not appropriate. Manufacturing Retail trade
Printing and related support activities (section 44-109)* General merchandise stores > 3,000 sq. ft. (section 44-173)*
Retail trade Misc. retail stores > 3,000 sq. ft. (section 44-173)*
Furniture and home furnishing stores Transportation and warehousing
Electronics and appliance stores Water transportation (section 44-151) (section 44-152)*
Paint and wallpaper stores Support activities for transportation (section 44-149)*
Hardware stores Information
Nursery and garden centers (section 44-98)* Libraries and archives (section 44-164)*
Food and beverage stores Educational services (section 44-164)*
Health and personal care stores Colleges and universities public and private
Clothing and clothing accessory stores Technical and trade schools
Sporting goods, hobby, book and music stores Other schools of instruction NEC
General merchandise stores ≤ 3,000 sq. ft. Health care and social assistance
Misc. retail stores ≤ 3,000 sq. ft. State-licensed residential care facilities 7 to 10 individuals (section 44-164) (section 44-165)*
Transportation and warehousing Individual and family social services (section 44-164)*
Postal service (section 44-109)* Child day care services (section 44-165)*
Couriers and messengers (section 44-109)* Arts, entertainment, and recreation
Information Marinas (section 44-151) (section 44-152)*
Publishing industries (section 44-109)* Coin-operated amusement devices (section 44-163)*
Motion picture and sound recording industries Accommodation and food services
Satellite signal receiving antenna ≤ one meter
Satellite signal receiving antenna > one meter (section 44-114)* Eating and drinking places > 3,000 sq. ft. (section 44-174)*
Finance and insurance Drive-thru facilities (section 44-159)*
Real estate, rental and leasing Other services
Professional, scientific and technical services Dry cleaning and laundry services (except coin-operated) (section 44-149)*
Management of companies and enterprises Religious organizations (section 44-164)*
Administrative and support and waste services Parking lots and garages (section 44-231)
Administrative and support services Public administration (section 44-164)*
Health care and social assistance Uses not elsewhere classified (NEC)
Offices of physicians Planned unit development (section 44-273)
Hotels (section 44-156)*
Offices of dentists * = Use specific standards in article V of this chapter apply
Offices of other health practitioners
Medical diagnostic and dental laboratories
Arts, entertainment, and recreation
Performing arts, spectator sports and related businesses
Theatrical producers (section 44-109)*
Museums, historical sites and similar institutions (section 44-101)*
Aerobic dance or exercise center
Accommodation and food services
Eating and drinking places ≤ 3,000 sq. ft.
Other services
Electronic and precision equipment repair
Personal and household goods repair
Personal care services
Funeral home and funeral services
Coin-operated laundry and dry cleaners (section 44-109)*
All other personal services
Religious, civic, professional and similar services
Uses not elsewhere classified (NEC)
Single-family dwelling (section 44-106)*
Two family dwellings (section 44-106)*
Accessory building, structure or use
Solar collectors
Private swimming pool (section 44-105)*
Yard sales (section 44-107)*
Public and private utility lines
Wind energy systems (section 44-115)*
Mobile food vending (section 44-239)*
Short term rental (section 44-113)*
* = Use specific standards in article IV of this chapter apply

 

District Intent: B-3 Commercial Business District

District IntentPermitted UsesUse Requiring a
Special Land Use Permit
The B-3 Commercial Business District should involve retailers serving the broad community and surrounding area with non-shopping and larger purchase goods. Businesses which require convenient drive-up design are appropriate. Businesses which have larger storage requirements are appropriate. Included are food and overnight accommodation establishments, along with gas stations and other automotive services. Care should be taken to ensure the preservation of community aesthetics in these areas. Agriculture, forestry, fishing and hunting (section 44-109)* Wholesale trade
Forestry and logging Fuel and ice dealers (section 44-155)*
Support activity for forestry Retail trade
Construction (section 44-109)* Automobile dealers (section 44-154) (section 44-161)*
Special trade contractors Other motor vehicle dealers (section 44-160) (section 44-161)*
Manufacturing (section 44-109)* Home centers (section 44-149)*
Printing and related support activities Other building material dealers (section 44-149)*
Wholesale trade (section 44-109)* Outdoor power equipment stores (section 44-149)*
Merchant wholesalers, durable goods Gasoline stations (section 44-155)*
Merchant wholesalers, non-durable goods General merchandise stores > 3,000 sq. ft. (section 44-173)*
Retail trade Misc. retail stores > 3,000 sq. ft. (section 44-173)*
Automotive parts, accessory, and tire stores Planned shopping center (section 44-170)*
Furniture and home furnishings Transportation and warehousing
Electronics and appliance stores Water transportation (section 44-151) (section 44-152)*
Paint and wallpaper stores Support activities for transportation (section 44-149)*
Hardware stores Information
Nursery and garden supply stores (section 44-98)* Radio, television or micro-wave towers (section 44-169)*
Food and beverage stores Libraries and archives (section 44-164)*
Health and personal care stores Real estate, rental and leasing
Clothing and clothing accessory stores Automotive rental and leasing (section 44-154)
Sporting goods, hobby, book and music stores Educational services (section 44-164)*
General merchandise stores ≤ 3,000 sq. ft. Colleges and universities public and private
Misc. retail stores ≤ 3,000 sq. ft. Technical and trade schools
Fireworks, retail ≤ 3,000 sq. ft. Other schools of instruction NEC
Manufactured/mobile home dealers (section 44-99) (section 44-109)* Health care and social assistance (section 44-164)*
Transportation and warehousing Outpatient care centers
Truck transportation (section 44-108) (section 44-109)* Hospitals
Postal service (section 44-109)* State-licensed residential care facilities 7 to 10 individuals (section 44-165) (section 44-166)*
Couriers and messengers (section 44-109)* Individual and family social services
Warehousing and storage (section 44-108) (section 44-109)* Child day care services
Information Arts, entertainment, and recreation
Publishing industries (section 44-109)* Marinas (section 44-151) (section 44-152)*
Motion picture and sound recording industries Coin-operated amusement devices (section 44-163)*
Satellite signal receiving antenna ≤ one meter Amusement and recreation industries NEC (section 44-163)*
Satellite signal receiving antenna > one meter (section 44-114)* Accommodation and food services
Finance and insurance Hotels and motels (section 44-156)*
Real estate, rental and leasing Eating and drinking places > 3,000 sq. ft. (section 44-174)*
Professional, scientific and technical services Drive-thru facilities (section 44-159)*
Veterinary services-Small animals (section 44-97)* Other services
Management of companies and enterprises Automotive repair and maintenance (section 44-161)*
Administrative and support and waste services Other automotive repair and maintenance (section 44-161)*
Administrative and support services Dry cleaning and laundry services (except coin-operated) (section 44-149)*
Services to buildings and dwellings Religious organizations (section 44-164)*
Health care and social assistance Parking lots and garages (section 44-235)
Offices of physicians Public administration (section 44-164)*
Offices of dentists Uses not elsewhere classified (NEC)
Offices of other health practitioners Planned unit development (section 44-273)
Hotels (section 44-156)*
Medical diagnostic and dental laboratories * = Use specific standards in article V of this chapter apply
State-licensed residential care facilities ≤ 6 individuals
Arts, entertainment, and recreation
Performing arts, spectator sports and related businesses
Theatrical producers (section 44-109)*
Museums, historical sites and similar institutions (section 44-101)*
Exercise center
Bowling centers
Accommodation and food services
Eating and drinking places ≤ 3,000 sq. ft.
Other services
Electronic and precision equipment repair
Personal and household goods repair
Personal care services
Funeral home and funeral services
Coin-operated laundry and dry cleaners (section 44-109)*
All other personal services
Religious, civic, professional and similar services
Uses not elsewhere classified (NEC)
Single-family dwellings (section 44-106)*
Accessory building, structure or use
Solar collectors
Private swimming pool (section 44-105)*
Yard sales (section 44-107)*
Public and private utility lines
Wind energy systems (section 44-115)*
Mobile food vending (section 44-239)*
* = Use specific standards in article IV of this chapter apply

 

District Intent: I-1 Light Industrial District

District IntentPermitted UsesUse Requiring a
Special Land Use Permit
The I-1 Light Industrial District includes a variety of non-objectionable manufacturing, wholesaling, and warehousing uses. Industrial parks and similar type uses are appropriate. Agriculture, forestry, fishing and hunting Utilities
Crop production (section 44-95) (section 44-109)* Utilities (section 44-149)* (section 44-164)*
Animal production (section 44-96) (section 44-109)* Manufacturing (section 44-149)*
Forestry and logging (section 44-109)* Food manufacturing
Support activity for forestry (section 44-109)* Animal slaughtering and processing
Construction (section 44-109)* Beverage and tobacco product manufacturing
Construction of buildings Textile mills
Heavy construction and civil engineering Textile product mills
Special trade contractors Leather and allied product manufacturing
Manufacturing Wood product manufacturing
Printing and related support activities (section 44-109)* Paper manufacturing
Wholesale trade (section 44-109)* Plate making and related services
Merchant wholesalers, durable goods Chemical manufacturing
Merchant wholesalers, non-durable goods Non-metallic mineral product manufacturing
Transportation and warehousing (section 44-109)* Non-ferrous metal production and processing
Truck transportation Non-ferrous foundries
Postal service Fabricated metal product manufacturing
Couriers and messengers Machinery manufacturing
Warehousing and storage (section 44-108)* Computer and electronic product manufacturing
Information Electrical equipment, appliance and component manufacturing
Publishing industries (section 44-109)* Transportation equipment manufacturing
Satellite signal receiving antenna ≤ one meter Furniture and related product manufacturing
Satellite signal receiving antenna > one meter (section 44-114)* Miscellaneous manufacturing
Professional, scientific and technical services Wholesale trade
Veterinary services-Livestock (section 44-97)* Fuel and ice dealers (section 44-155)*
Veterinary services-Small animals (section 44-97)* Retail trade (section 44-149)*
Administrative and support and waste services Home centers
Administrative and support services Other building material dealers
Services to buildings and dwellings Outdoor power equipment stores
Health care and social assistance Transportation and warehousing
Accommodation and food services Water transportation (section 44-151) (section 44-152)*
Eating and drinking places ≤ 3,000 sq. ft. Support activities for transportation (section 44-149)*
Other services Real estate, rental and leasing
All other personal services Automotive rental and leasing (section 44-154)
Uses not elsewhere classified (NEC) Administrative and support and waste services
Accessory building, structure or use Waste management and remediation services (section 44-149)*
Solar collectors Arts, entertainment, and recreation
Private swimming pool (section 44-105)* Marinas (section 44-152)*
Yard sales (section 44-107)* Accommodation and food services
Public and private utility lines Hotels and motels (section 44-156)*
Wind energy systems (section 44-115)* Eating and drinking places > 3,000 sq. ft. (section 44-174)*
Mobile food vending (section 44-239)*
* = Use specific standards in article IV of this chapter apply Drive-thru facilities (section 44-159)*
Other services
Automotive repair and maintenance (section 44-154) (section 44-161)*
Other automotive repair and maintenance (section 44-161)*
Commercial and industrial machinery related services (section 44-149)*
Dry cleaning and laundry services (except coin-operated) (section 44-149)*
Public administration (section 44-164)*
Uses not elsewhere classified (NEC)
Planned unit developments (section 44-273)
Sexually oriented businesses (section 44-172)*
* = Use specific standards in article V of this chapter apply
Libraries

 

District Intent: P-1 Public Lands District

District IntentPermitted UsesUse Requiring a
Special Land Use Permit
The P-1 Public Lands District is established to accommodate those parcels of land which are currently and are intended to remain in public trust for school, park, open space, and other purposes. Information Transportation and warehousing
Satellite signal receiving antenna ≤ one meter Water transportation (section 44-151) (section 44-152)*
Satellite signal receiving antenna > one meter (section 44-114)* Support activities for transportation (section 44-149)*
Health care and social assistance Educational services (section 44-164)*
Arts, entertainment, and recreation Schools-Private elementary and secondary
Museums, historical sites and similar institutions (section 44-101)* Colleges and universities public and private
Uses not elsewhere classified (NEC) Health care and social assistance
Accessory building, structure or use Individual and family social services (section 44-164)*
Solar collectors Arts, entertainment, and recreation
Private swimming pool (section 44-105)* Golf courses and country clubs (section 44-162)*
Public and private utility lines Marinas (section 44-152)*
Wind energy systems (section 44-115)* Public administration (section 44-164)*
* = Use specific standards in article IV of this chapter apply Uses not elsewhere classified (NEC)
Planned unit developments (section 44-273)
* = Use specific standards in article IV of this chapter apply

 

(Ord. No. 458, § 302, 3-2-2015; Ord. No. 2022-05, 6-20-2023; Ord. No. 2023-09, 12-5-2023; Ord. No. 2024-08, § 1, 10-15-2024; Ord. No. 2024-09, § 1, 11-19-2024; Ord. No. 2024-10, § 1, 10-15-2024)

Sec. 44-39. - Official district zoning map.

(Ord. No. 458, § 303, 3-2-2015)

Sec. 44-40. - District boundaries.

(a)

The boundaries of the districts are hereby defined and established as shown on the map entitled "Official District Zoning Map, Village of Elk Rapids, Michigan" as may be amended from time to time.

(b)

If, in accordance with the provisions of this chapter and of the applicable statute, amendments effecting changes made in district boundaries or other matter portrayed on the official zoning map, such changes shall not be considered final, and zoning permits shall not be issued, until changes have been made on the official zoning map. Map changes shall be made within five normal working days after the effective date of the village zoning regulations amendment. Each map change shall indicate the zoning amendment number on the map. Two copies of the official zoning map shall be maintained and kept up to date, one in the planning and zoning office.

(Ord. No. 458, § 304, 3-2-2015)

Sec. 44-41. - Interpretation of district boundaries.

(a)

When uncertainty exists with respect to the boundaries of any of the districts indicated on the official zoning map, the rules set forth in this section shall apply.

(b)

Boundaries indicated as approximately following the streets or highways shall be considered to be such boundaries.

(c)

Boundaries indicated as approximately following lot lines shall be construed as following such lot lines.

(d)

Boundaries indicated as approximately following village boundary lines shall be construed as following such village boundary lines.

(e)

Boundaries indicated as approximately parallel to the centerlines of streets or highways shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the official zoning map.

(f)

When a zoning district includes streams, inland lakes, or other inland bodies of water, the district boundary shall be deemed to extend to the thread of the stream or center of the lake or other body of water.

(g)

When the application of the aforesaid rules leaves a reasonable doubt as to the boundaries between two districts, the regulations of the more restrictive district shall govern the entire parcel in question, unless otherwise determined by the zoning board of appeals using the process described within article IV of this chapter and section 44-322.

(Ord. No. 458, § 305, 3-2-2015)