The village 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:
(A) R1 Low Density Residential District;
(B) R2 Medium Density Residential District;
(C) R3 Multiple-Family Residential District;
(D) R4 Mixed Residential District;
(E) MHP Mobile Home Park District;
(F) B Business District;
(G) CS Community Service Commercial District;
(H) HS Highway Commercial District;
(I) LI Light Industrial District;
(J) HI Heavy Industrial District; and
(K) OAC Open Space, Agricultural, and Waterbody Conservation District.
(Prior Code, § 745.01)
§ 152.021 OFFICIAL ZONING MAP.
These districts, so established, are bounded and defined as shown on the map entitled "Zoning District Map of Homer Village," adopted by the 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 by metes and bounds herein.
(Prior Code, § 745.02)
§ 152.022 MAP CHANGES.
If, in accordance with the procedures of this chapter and of Public Act 207 of 1921, being M.C.L.A. §§ 125.581 through 125.590, as amended, a change is made in a zoning district boundary, the change shall be made by the Zoning Inspector promptly after the ordinance authorizing the change shall have been adopted and published by the Council. No change of any other nature shall be made unless authorized by the Planning Commission and approved by the Council.
(Prior Code, § 745.03)
§ 152.023 OFFICIAL ZONING MAP LOCATION.
Regardless of the existence of purported 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 village offices, shall be the final authority as to the current zoning status of any land, parcel, lot, district, use, building, or structure in the village.
(Prior Code, § 745.04)
§ 152.024 OFFICIAL ZONING MAP REPLACEMENT.
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes made thereto, the Council may by ordinance adopt a new official zoning map. The new official zoning map may correct drafting or other errors or omissions on the prior Official Zoning Map, but no such correction shall have the effect of amending this chapter or the prior Official Zoning Map. The new official zoning map shall be identified by the signature of the Village President, attested to by the Village Clerk, and bearing the seal of the village under the following words: "This is to certify that this is the Official Zoning Map referred to in the Zoning Code of Homer Village adopted on the _______ day of ____ which replaces and supersedes the Official Zoning Map which was adopted on _______________."
(Prior Code, § 745.05)
§ 152.025 BOUNDARY INTERPRETATION RULES.
(A) Generally. Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules for interpretation shall apply.
(B) Specifically.
(1) A boundary indicated as approximately following the center line of a highway, street, alley, railroad, or easement shall be construed as following the center line.
(2) A boundary indicated as approximately following a recorded lot line, bounding a parcel, section line, quarter-section line, or other survey line shall be construed as following the line.
(3) A boundary indicated as approximately following the corporate boundary line of a city, village, or township shall be construed as following the line.
(4) A boundary indicated as following a shoreline shall be construed as following the shoreline, and in the event of change in a shoreline, shall be construed as following the actual shoreline.
(5) A boundary indicated as following the center line of a stream, river, canal, lake, or other body of water shall be construed as following the center line.
(6) A boundary indicated as parallel to or an extension of a feature indicated in divisions (B)(1) through (B)(5) above shall be so construed.
(7) A distance not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
(Prior Code, § 745.06)
§ 152.026 MINIMUM REGULATIONS.
The regulations established by this chapter 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, dwellings, and structures throughout each district. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have the power in passing on appeals to vary or modify the interpretation of any rules, regulations, or provisions of this chapter so that the intent and purpose of this chapter shall be observed, public safety secured, and substantial justice done. Provided, however, that when any proposed interpretation, in effect, changes the language of this chapter, the Zoning Board of Appeals will first recommend an appropriate amendment to the Planning Commission.
(Prior Code, § 745.07)
Homer City Zoning Code
OFFICIAL ZONING
MAP
§ 152.020 DISTRICT ESTABLISHMENT.
The village 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:
(A) R1 Low Density Residential District;
(B) R2 Medium Density Residential District;
(C) R3 Multiple-Family Residential District;
(D) R4 Mixed Residential District;
(E) MHP Mobile Home Park District;
(F) B Business District;
(G) CS Community Service Commercial District;
(H) HS Highway Commercial District;
(I) LI Light Industrial District;
(J) HI Heavy Industrial District; and
(K) OAC Open Space, Agricultural, and Waterbody Conservation District.
(Prior Code, § 745.01)
§ 152.021 OFFICIAL ZONING MAP.
These districts, so established, are bounded and defined as shown on the map entitled "Zoning District Map of Homer Village," adopted by the 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 by metes and bounds herein.
(Prior Code, § 745.02)
§ 152.022 MAP CHANGES.
If, in accordance with the procedures of this chapter and of Public Act 207 of 1921, being M.C.L.A. §§ 125.581 through 125.590, as amended, a change is made in a zoning district boundary, the change shall be made by the Zoning Inspector promptly after the ordinance authorizing the change shall have been adopted and published by the Council. No change of any other nature shall be made unless authorized by the Planning Commission and approved by the Council.
(Prior Code, § 745.03)
§ 152.023 OFFICIAL ZONING MAP LOCATION.
Regardless of the existence of purported 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 village offices, shall be the final authority as to the current zoning status of any land, parcel, lot, district, use, building, or structure in the village.
(Prior Code, § 745.04)
§ 152.024 OFFICIAL ZONING MAP REPLACEMENT.
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes made thereto, the Council may by ordinance adopt a new official zoning map. The new official zoning map may correct drafting or other errors or omissions on the prior Official Zoning Map, but no such correction shall have the effect of amending this chapter or the prior Official Zoning Map. The new official zoning map shall be identified by the signature of the Village President, attested to by the Village Clerk, and bearing the seal of the village under the following words: "This is to certify that this is the Official Zoning Map referred to in the Zoning Code of Homer Village adopted on the _______ day of ____ which replaces and supersedes the Official Zoning Map which was adopted on _______________."
(Prior Code, § 745.05)
§ 152.025 BOUNDARY INTERPRETATION RULES.
(A) Generally. Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules for interpretation shall apply.
(B) Specifically.
(1) A boundary indicated as approximately following the center line of a highway, street, alley, railroad, or easement shall be construed as following the center line.
(2) A boundary indicated as approximately following a recorded lot line, bounding a parcel, section line, quarter-section line, or other survey line shall be construed as following the line.
(3) A boundary indicated as approximately following the corporate boundary line of a city, village, or township shall be construed as following the line.
(4) A boundary indicated as following a shoreline shall be construed as following the shoreline, and in the event of change in a shoreline, shall be construed as following the actual shoreline.
(5) A boundary indicated as following the center line of a stream, river, canal, lake, or other body of water shall be construed as following the center line.
(6) A boundary indicated as parallel to or an extension of a feature indicated in divisions (B)(1) through (B)(5) above shall be so construed.
(7) A distance not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
(Prior Code, § 745.06)
§ 152.026 MINIMUM REGULATIONS.
The regulations established by this chapter 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, dwellings, and structures throughout each district. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have the power in passing on appeals to vary or modify the interpretation of any rules, regulations, or provisions of this chapter so that the intent and purpose of this chapter shall be observed, public safety secured, and substantial justice done. Provided, however, that when any proposed interpretation, in effect, changes the language of this chapter, the Zoning Board of Appeals will first recommend an appropriate amendment to the Planning Commission.