Michiana City Zoning Code
ARTICLE IV
Zoning Districts; District Regulations; Zoning Map
§ 360-18 Establishment of districts.
For the purpose of this chapter, the Village is hereby divided into the following zoning districts, which shall be known by the following respective symbols and names and shall have boundaries as delineated on the Official Zoning Map.
VR Village Residential District |
LR Lakefront Residential District |
PL Public Lands District |
§ 360-19 Purposes of zoning districts.
Table 4-1: Purposes of Zoning Districts | ||
|---|---|---|
Districts | Purpose | |
All districts | It is the purpose of all districts to protect sensitive environmental resources which may be present on a development site, and that the district uses are adequately served by facilities and services, including, but not necessarily limited to, sewage disposal, potable water, fire protection and road infrastructure. All districts are intended to support and be established in coordination with the Michiana Master Plan. Additional purposes of each district are delineated below. | |
VR Village Residential District | It is the purpose of the Village Residential District to provide opportunities for single-family residential development patterns and lifestyles of a village character, based on lot size, setback, open space and other development regulations which ensure a stable and sound residential environment and community character. To this end, this district prohibits uses that undermine the intended character of such residential area. Certain nonresidential land uses may be permitted where considered compatible with and/or supportive of the primary purpose of the district, including certain special land uses. | |
LR Lakefront Residential District | It is the purpose of the Lakefront Residential District to provide opportunities for single-family residential development patterns and lifestyles of a Village character along the Lake Michigan shoreline, based on lot size, setback, open space and other development regulations that ensure a stable and sound residential environment and community character, including the preservation of the stability and integrity of the Village's shoreline and dunal features and compliance with all local, state and federal regulations regarding shoreline protection. Other land uses may be permitted where considered compatible with and/or supportive of the primary purpose of the district, including certain special land uses. | |
PL Public Lands District | It is the purpose of the Public Lands District to recognize, accommodate and protect public resources in the Village. Such resources include public facilities associated with government administration, such as the Village Hall, and public facilities associated with governmental services, such as fire stations and parks. These public resources provide vital facilities and services to the Village and its residents on a day-to-day and long-term basis and improve public health, safety and welfare. Such public resources also include public open spaces comprising special and important natural resources, including shoreline and dunal areas, the protection of which is of great public interest to the Village of Michiana and the State of Michigan due to their environmental, recreational, visual and historical character. This district is established to ensure the protection of and continued viability of such facilities, services and resources and that they not be altered except where it is determined that such alterations maintain or enhance their public good. | |
§ 360-20 Zoning District Map.
A.
The boundaries of the respective districts enumerated in § 360-18 are defined and established as depicted on the Official Zoning Map titled "Village of Michiana Zoning Map," which is an integral part of this chapter. This Map, with all notations and explanatory matter thereon, shall be published as part of this chapter as is fully described herein.[1]
[1]
Editor's Note: A copy of the Official Zoning Map is attached to this chapter.
B.
This Official Zoning Map shall be identified by the signature of the Village President, attested by the Village Clerk, and bearing the following: "This is to certify that this is the Official Zoning Map of the Village of Michiana Zoning Ordinance adopted on the 4th day of December 2006. If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matter portrayed on the Map, such changes shall be made on the Map.
C.
The Official Zoning Map shall be held by the Village Clerk and shall be the final authority with regard to the current zoning status of all land in the Village, along with supporting minutes of Village Council meetings regarding zoning district changes, regardless of the existence of copies of the Map which may be made and published from time to time.
D.
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 Village Council may, by ordinance, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map. The Map shall be identified by the signature of the Village President, attested by the Village Clerk, and bear the following words: This is to certify that this is the Official Zoning Map of the Village of Michiana Zoning Ordinance adopted on the 4th day of December 2006 and replaces and supersedes the Official Zoning Map which was adopted on the 4th day of December 2006 and any amendments made thereon." Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption and amendment.
§ 360-21 Interpretation of district boundaries.
A.
Clarification of district boundaries on the Official Zoning Map. District boundaries shall be as delineated on the Official Zoning Map.
(1)
Lakefront Residential District. To minimize variable interpretation of the Official Zoning Map, it is the purpose of this subsection to clarify the boundaries of the Lakefront Residential District as follows: All of that part of the Village consisting of Blocks 1, 2 and 3 of the Michiana Shores Subdivision No. 1; and Lots 16 through 29 of Block 2, Lots 1 through 20 of Block 3, Lots 1 through 11 of Block 4, and all of Blocks 5 and 6 of the Michigan Shores Subdivision.
(2)
Public Lands District. To minimize variable interpretation of the Official Zoning Map, it is the purpose of this subsection to clarify the boundaries of the Public Lands District as follows: All of that part of the Village consisting of Lots 4, 5, 13, 14, and 18 through 21 of Block 1 of the Michiana Shores Subdivision No. 1; Lots 1 through 8 of Block 38 of the Michiana Shores Subdivision No. 7; Lots 5, 6, 10 through 25, 29 and 30 of Block 5 of the Michigan Shores Subdivision; and Lots 1 through 13, south half of 14, north half of 28, 29 through 31, and 36 through 39 of Block 6 of the Michigan Shores Subdivision.
(3)
Village Residential District. To minimize variable interpretation of the Official Zoning Map, it is the purpose of this subsection to clarify that the boundaries of the Village Residential District are all of that part of the Village not otherwise included in the Lakefront Residential District or Public Lands District.
B.
Standards for interpretation. Where, due to the scale, lack of details or illegibility of the Official Zoning Map, or the lack of sufficient clarifying provisions in Subsection A above, there is an uncertainty, contradiction or conflict as to the intended location of any zoning district boundaries shown thereon, interpretation concerning the exact location of district boundary lines shall be determined by the Zoning Board of Appeals upon written application. The Zoning Board of Appeals, in arriving at a decision on such matters, shall apply the following standards:
(1)
Boundaries indicated as approximately following roads shall be construed as following the right-of-way center lines of said roads or streets.
(2)
Boundaries indicated as approximately following lot lines shall be construed as following such lines.
(3)
Boundaries indicated as approximately parallel to the center lines 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.
(4)
Boundaries following the shoreline of a stream, lake or other body of water shall be construed to follow such shorelines and, in the event of change in the shorelines, shall be construed as moving with the actual shorelines; boundaries indicated as approximately following the thread of streams or other bodies of water shall be construed to follow such threads.
(5)
Where the application of the aforesaid rules leaves a reasonable doubt as to the boundaries between two districts, the district that presents the more restrictive provisions shall govern. "More restrictive provisions" shall be generally defined as provisions that place comparatively greater restrictions on the intensity and/or density of authorized uses and development.
(6)
Whenever any fill is placed in any lake or stream, the land thus created shall automatically and without further governmental action thenceforth acquire and be subject to the same zoning regulations as are applicable for lands to which the same shall attach or be adjacent.
§ 360-22 Permitted uses in zoning districts.
A.
Uses permitted in each zoning district. Except as may otherwise be provided in this chapter, uses of any existing lot, building and structure or any lot, building or structure established, including any addition, alteration or relocation of a building or structure, shall comply with Table 4-2. Table 4-2 identifies principal land uses permitted in each district. No land use shall be established on a lot except in conformance with such tables. In order to ensure all possible benefits and protection for the districts in this chapter, the table delineates whether a particular use permitted in a particular zoning district is a "use permitted by right" or a "special land use."
(1)
Uses permitted by right. Uses permitted by right are the primary uses and structures specified for which the district has been established.
(2)
Special land uses. Special land uses are uses and structures which have been generally accepted as reasonably compatible with the primary uses and structures intended for the district but could present potential injurious effects upon abutting land uses, the surrounding areas or the Village as a whole, or are otherwise unique in character, and therefore require special consideration in their review. All such uses shall be subject to a public hearing. See Article XII of this chapter.
B.
Accessory uses permitted in districts. Unless otherwise specified in this chapter, accessory uses which are clearly incidental to and customarily associated with the principal use of the property are permitted in all districts and shall conform to all applicable standards of this chapter, including § 360-31, Accessory uses, buildings and structures, and § 360-39, Home occupations.
C.
Prohibited uses. Any use of land not specifically permitted is prohibited, unless:
(1)
The Zoning Board of Appeals is petitioned to make an interpretation of a use in question in accord with Article VII, and after an examination of the characteristics of such use, the Zoning Board of Appeals rules that such use is directly comparable to a specifically permitted use in Table 4-2. If the Zoning Board of Appeals finds no comparable use, it shall so state.
(2)
The Zoning Board of Appeals issues a use variance according to Article VII, after being so petitioned according to the article's requirements.
D.
Table 4-2, Permitted Principal Uses.
KEY: | |||
|---|---|---|---|
BR | = | Use permitted by right | |
S | = | Special land use | |
— | = | Prohibited use | |
Table 4-2: Permitted Principal Uses1 | ||||
|---|---|---|---|---|
Zoning Districts | ||||
Permitted Principal Uses | VR | LR | PL | |
Single-family dwellings | BR | BR | — | |
Family home day care | S | S | — | |
State-licensed residential facility[1] | BR | BR | — | |
Conservation Area, Class 1 | BR | BR | BR | |
Conservation Area, Class 2 | S | S | S | |
Public facilities owned or operated by the Village of Michiana, including but not limited to Village Hall; meeting rooms; offices of officials and staff; vehicle and equipment storage buildings; parks; communication towers; and police protection offices and facilities | — | — | BR | |
Public facilities owned or operated by other than the Village of Michiana. | — | — | S | |
Note: | |
|---|---|
1. | All principal uses shall comply with the site development requirements in Table 4-3, unless otherwise specified in this chapter. In addition, all uses shall comply with all other site development regulations of this chapter.[2] |
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Table 4-3, Site Development Requirements for Principal Land Uses, is attached to this chapter.
§ 360-23 Site development requirements of zoning districts.
A.
All principal land uses shall comply with the site development requirements in Table 4-3,[1] unless otherwise specified in this chapter. In addition, all uses shall comply with all other applicable site development provisions of this chapter, including, but not limited to:
(1)
Article V, Supplemental Provisions.
(2)
Article VIII, Off-Street Parking and Loading.
(3)
Article IX, Landscaping and Screening.
(4)
Article X, Environmental Protection.
[1]
Editor's Note: Table 4-3, Site Development Requirements for Principal Land Uses, is attached to this chapter.
B.
Variances from required site development standards may be granted by the Zoning Board of Appeals according to Article VII. Owners of nonconforming lots of record, structures or uses should refer to Article VI.
C.
No part of a setback area, yard or other open space required around, adjacent to or in connection with any use, building or structure for the purpose of complying with this chapter shall be included as part of a setback area, yard or other open space similarly required for any other use, building or structure.
D.
No setback area or lot existing at the time of adoption of this chapter shall be reduced in dimensions or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established herein, including lot size and lot width.
E.
No portion of one lot shall be used in the creation of another lot unless each lot resulting from each such reduction, division or sale shall conform to all of the requirements established herein.
F.
Wherever any provision of the chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such other law or ordinance shall govern.
G.
Table 4-3, Site Development Requirements for Principal Land Uses, is attached to this chapter and made a part hereof.