This Ordinance shall be known as the Village of Lawton Zoning Ordinance.

This Ordinance is ordained and enacted into law in accordance with the Michigan Zoning Enabling Act. Act 110 of Public Acts of 2006.

A.

In addition to promoting the purposes provided in the Zoning Enabling Act, this Ordinance is necessary to promote the public health, safety, and general welfare of the Village of Lawton as well as to implement the themes, policies and goals contained in the Village of Lawton Master Plan, which build on a strong sense of community and its unique character, with the intent that Lawton will proactively adapt to change, enhance its assets, and facilitate strategic, positive growth to benefit all people in the Village;

B.

Provide for the orderly development of the Village that provides for growth in a balanced way that focuses development in areas that are best suited to support it, with a particular focus on the redevelopment of underutilized parcels;

C.

Minimize the impacts of incompatible land uses and prevent nuisances from interfering with the reasonable use and enjoyment of private property;

D.

Promote the proper use of lands and natural resources of the Village in accordance with their historical and cultural value, as well as character and compatibility;

E.

Support and promote downtown as the "heart" of the community and encourage development and redevelopment in the downtown district;

F.

Encourage new home construction and the improvement of exiting housing to provide options for a variety of ages (including aging-in-place), incomes, abilities, family sizes and other household needs;

G.

Enhance safety for all transportation modes and all users (pedestrian/bicycle/golf cart/transit/automobile/freight), and in particular access and connectivity for non-motorized users;

H.

Provide, in the interest of public health and safety, the minimum standards under which certain buildings and structures may be hereafter erected and used;

I.

Support green infrastructure (trees, stormwater management, etc.) to assist with climate adaptation, promote a healthy and sustainable quality of life, and increase resiliency to natural disasters;

J.

Facilitate the development of an adequate system of transportation, recreation, sewage disposal, safe and adequate water supply and other public requirements.

This Ordinance shall take effect and be in force on and after July 15, 2024.

A.

This Ordinance is applicable to all land located within the Village of Lawton. Zoning affects every building, structure and use and extends vertically. All lands, buildings, and uses in a Zone District shall be subject to the applicable provisions of this Ordinance.

B.

No building or structure, or part thereof, shall hereafter be erected, constructed, altered, maintained or used, and no new use or change shall be made to any building, structure or land, or part thereof, except in conformity with this Ordinance.

C.

The provisions of this Ordinance shall not impact the continued use of any building, dwelling or structure of any land or premises which was lawful and existing prior to the adoption of this Ordinance.

D.

If construction on a building is lawfully begun prior to the adoption of this Ordinance, nothing in this Ordinance shall be deemed to require any change in the planned or designed use of such a building provided that actual construction is being diligently carried on, and further provided that such a building shall be entirely completed for its planned or designed use within one (1) year from the effective date of this Ordinance or affecting amendment.

A.

This Ordinance and various parts, sections, subsections, sentences, phrases, and clauses are hereby declared to be severable. If any part, sentence, paragraph, section, subsection, phrase or clause is adjudged to be unconstitutional or invalid, it is hereby provided that the remainder of the Ordinance shall not be affected and shall remain in force.

B.

If any court of competent jurisdiction invalidates the application of any provision of this Ordinance to a particular property, structure, or situation; or any condition attached to the approval of a development review application; then that judgment shall not affect the application of that provision to any other building, structure, situation, or condition not specifically included in that judgment.

C.

Whenever a condition or limitation is included in an administrative action authorizing regulatory activity, then it shall be conclusively presumed that the authorizing officer, commission, or board considered that condition or limitation necessary to carry out the requirements, standards, purposes, or spirit and intent of this Ordinance, and that the officer, commission, or board would not have granted the authorization to which the condition or limitation pertained except in belief that the condition or limitation was lawful.

Nothing in this Ordinance shall be interpreted or construed to give rise to permanent vested rights in the continuation of any particular use, density, Zone District, or permissible activity therein. All land, buildings, structures, uses and designations are hereby declared to be subject to any subsequent amendment, change or modification as may be necessary to meet the purposes and intent of this Ordinance.

A.

Other Public Laws, Ordinances, Regulations or Permits. This Ordinance is intended to complement other municipal, state and federal regulations that affect land use. In addition to compliance with this Ordinance, any building, structure, or use must comply with all applicable Village non-zoning ordinances. Unless otherwise noted in this Ordinance, where conditions, standards or requirements imposed by any provision of this Ordinance are more restrictive than comparable provisions imposed by other regulations, the provisions of this Ordinance shall govern.

B.

Private Agreements. This Ordinance is not intended to revoke or repeal any easement, covenant or other private agreement; provided, however, that where this Ordinance imposes a greater restriction or requirement, the provisions of this Ordinance shall control. Nothing in this Ordinance shall modify or repeal any private covenant or deed restriction, but any covenant or restriction shall not be used to justify a lack of compliance with this Ordinance. The Village shall not be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

(Ord. 01 of 2025, Art. 1, 6-10-2025)

A.

In cases where two (2) or more requirements in this Ordinance conflict with one another, the more restrictive requirement shall control.

B.

The Village Manager shall determine which requirement controls based on the degree to which one (1) or more requirements results in:

1.

Greater consistency with the goals and objectives contained within the Master Plan;

2.

Better support for the purposes of this Ordinance as described in Section 1.03. Purpose and Intent, and in the applicable purposes of the conflicting provisions;

3.

Increased compatibility with adjacent development and surrounding community character;

4.

Enhanced environmental quality and protection of natural resources;

5.

Greater protection and preservation of historic and cultural resources; or

6.

Higher quality of building form, design and/or architecture.