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Mason City Zoning Code

ARTICLE II

ZONING DISTRICT MAP AND GENERAL ZONING REGULATIONS

Sec. 94-61. Establishment of districts.

The following zoning districts are hereby established for the city:
AG district: Single-family agriculture district
RS-1 district: Low density single-family residential district
RS-2 district: Medium density single-family residential district
RS-3 district: High density single-family residential district
R2F district: Two-family residential district
RM district: Multiple-family residential district
MH district: Manufactured home park residential district
O-1 district: General office district
O-2 district: Specialized office district
C-1 district: Central business district
C-2 district: General commercial district
C-3 district: Local commercial district
—1 district: Light manufacturing district
M-2 district: General manufacturing district
PUD district: Planned unit development district
(Ord. No. 152, 5-1-2006)

Sec. 94-62. Zoning district map.

The boundaries of the respective districts are defined and established as depicted on the map entitled "Zoning Map of the City of Mason, Michigan," which is an integral part of this chapter, and which, with the explanatory matter thereon, shall be the official zoning map of the city and shall be published as part of this chapter and is hereby incorporated by reference.
   (1)   The official zoning map of the city and subsequent amendments to the map shall be dated, certified, and bear the signature of the city manager. The map shall be attested to by the city clerk, and shall bear the following words: "This is to certify that the above map is the Official Zoning Map of the City of Mason".
    (2)   If amendments are made in district boundaries or other matters depicted on the official zoning map, such changes shall not be considered final, and a building permit shall not be issued, until the appropriate amendments have been made on the official zoning map. Such amendments shall be made within ten working days after the effective date of the ordinance amendment. Each amendment shall be accompanied by a reference number on the map which shall refer to the official ordinance amendment adopted by the city council. One copy of the official zoning map shall be maintained and kept up-to-date in the office of the city clerk.
    (3)   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 city council may, by ordinance, adopt a new official zoning map which shall supersede the prior 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 corrections shall have the effect of amending the zoning ordinance or the prior official zoning map. The new official zoning map shall comply with subsection (1) of this section. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts which remain, shall be preserved together with all available records pertaining to its adoption or amendment.
    (4)   If because of the scale, lack of details, or illegibility of the official zoning map, there is any uncertainty, contradiction, or conflict regarding the intended location of any district boundaries shown on the map, the following shall govern:
       a.   Where boundaries follow streets or highways, the centerline of the street or highway shall be the boundary line or lines.
       b.   Where a zoning district is bounded by a stream, lake or other body of water, and in the event of change in the shoreline, the boundary of said district shall be the thread of a stream or the actual shoreline of a lake or other body of water.
       c.   A boundary indicated as approximately following a recorded lot line or the line bounding a tax parcel shall be construed as following such line.
       d.   A boundary indicated as following the municipal boundary line of the city shall be construed as following such line.
       e.   A boundary indicated as following a railroad line shall be construed as following the railroad right-of-way.
       f.   A distance not specifically indicated in the official zoning map shall be determined by the scale of the map to the nearest foot.
      g.   Should the above not fully explain a question of boundaries, the zoning board of appeals shall have the authority to make an interpretation based upon the aforementioned standards and after receiving a recommendation from the planning commission.
(Ord. No. 152, 5-1-2006; Ord. 222, § 60, 12-3-2018)

Sec. 94-63. General regulations.

(a)   Every building or structure erected, any use of land, building or structure, any structural alteration or relocation of an existing building or structure, and any enlargement of, addition to or resumption of an existing use of land, building or structure shall be subject to all regulations of this chapter which are applicable within the zoning district in which such land use, building or structure shall be located.
(b)   Uses are permitted by right only if specifically listed as uses permitted by right in the various zoning districts. Accessory uses are permitted as indicated in the various zoning districts, and if such uses are clearly incidental to the permitted principal uses. Special uses are permitted as listed, or where provided for, and if the required conditions are met.
(c)   No part of a setback area, or other open space, or off-street parking or loading space required in connection with any use of land, building or structure, for the purpose of complying with this chapter shall be included as part of a setback area, open space, or off-street parking lot or loading space similarly required for any other use, building or structure.
(Ord. No. 152, 5-1-2006)

Sec. 94-64. Zoning of vacated areas.

If a street, alley or other public right-of-way within the city is vacated by official governmental action and if the lands within the boundaries thereof attach to and become part of lands adjoining the street, alley or public right-of-way, such lands shall automatically acquire and be subject to the same zoning regulations applicable to the adjoining lands to which the vacated property becomes attached.
(Ord. No. 152, 5-1-2006)

Sec. 94-65. Zoning of filled land and use of waters.

If earthen fill is placed in any lake or stream, the created land shall automatically and without further government action acquire and be subject to the same zoning regulations applicable to the lands to which the created land attaches or is adjacent.
(Ord. No. 152, 5-1-2006)

Sec. 94-66. Zoning of annexed areas.

(a)   When property is annexed into the city, said property shall continue to be regulated under the township zoning ordinance for two years after becoming a part of the city and then shall automatically and without further government action become zoned as an AG district, unless the city council shall have rezoned the property under the city zoning chapter within said two years.
(b)   When property is transferred to the city by agreement pursuant to Public Act No. 425 of 1984 (MCL 124.21 et seq.), zoning of said property shall be as designated in the agreement. If zoning of the property is not designated in the agreement, said property shall be zoned in accordance with section 94-67(a).
(Ord. No. 152, 5-1-2006)