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New Baltimore City Zoning Code

ARTICLE IV.

ZONING DISTRICTS AND ZONING MAP

Sec. 60-81.- Zoning map.

The Zoning Map of the City of New Baltimore, which together with all explanatory matters thereon, is hereby adopted and declared to be a part of this chapter. Regardless of the existence of purported copies of the zoning map which may from time-to-time be made or published, the zoning map, which shall be located in the office of the city clerk, shall be the final authority as to the current status of zoning in the City of New Baltimore. In the event that the Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may, by resolution, adopt a new zoning map. The new zoning map may correct drafting or other errors or omissions in the prior zoning map, but no such corrections shall have the effect of amending the original zoning map or any subsequent amendment thereof. Unless the prior 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 or amendment.

(Ord. No. 158, § 4.00, 9-22-2008)

Sec. 60-82. - Zoning districts.

For the purpose of this chapter, the City of New Baltimore is hereby divided into the following districts:

R-80 Single-Family Residential

R-70 Single-Family Residential

R-65 Single-Family Residential

WR Waterfront Residential District

WM Waterfront Marina District

RM-1 Multiple-Family Residential

RM-2 Multiple-Family Residential

MHC Manufactured Housing Community

BT Business Transitional

LC Local Commercial

GC General Commercial

CB Central Business

I Industrial

(Ord. No. 158, § 4.01, 9-22-2008)

Sec. 60-83. - District boundaries.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:

(1)

Unless shown otherwise, the boundaries of the districts are lot lines; the centerlines of streets, alleys, roads or such lines extended; railroad right-of-way lines; and the City of New Baltimore limits. Dimensions shown are to the center of the adjacent road or street.

(2)

Where, due to the scale, lack of detail or illegibility of the zoning map for this chapter, there is any uncertainty or contradiction as to the location of any district boundaries shown thereon, interpretation concerning the exact location of district boundary lines shall be determined, upon written application or upon its own motion, by the zoning board of appeals. The zoning board of appeals, in arriving at a decision on these matters, shall apply the following standards:

a.

The district boundaries, as set forth in this section, shall first be considered with reference to the standards cited in subsection (1) above.

b.

Where a district boundary divides a site, the location of any such boundary, unless the same is indicated by dimensions shown on said map, shall be determined by the use of the map scale shown thereon.

c.

If, after the application of the foregoing standards, uncertainty, contradiction or dispute remains as to the exact location of a district boundary, the zoning board of appeals shall determine and fix the location of said boundary line as all of the facts and circumstances shall require.

(Ord. No. 158, § 4.02, 9-22-2008)

Sec. 60-84. - District regulations.

(a)

No structure or land shall be used, occupied, erected, constructed, moved or altered, except in conformity with the regulations specified for that zoning district. Unless a use is permitted in a particular zoning district, it shall be prohibited in that zoning district.

(b)

Except as otherwise provided, regulations governing land and building use, minimum lot size, lot area per dwelling unit, building height, building placement, required yards and other pertinent factors are hereby established as stated in the detailed provisions for each of the zoning districts. In each zoning district, a permitted use shall be a use of land or buildings subject to the minimum requirements specified for such use in the zoning district in which such use is located, plus applicable requirements found elsewhere in this chapter. A special land use shall be a use of land or buildings which may be permitted in that district only after following special procedures designed to ensure site and use compatibility with existing or proposed surrounding land uses. In evaluating and deciding each application for such permission, the planning commission shall apply the standards contained in article X of this chapter and any special conditions imposed for that use.

(Ord. No. 158, § 4.03, 9-22-2008)

Sec. 60-85. - Zoning of vacated areas.

Whenever any street, alley or other public way within the City of New Baltimore is vacated by official government action, and when the lands within the boundaries thereof attach to and become a part of the land adjoining such street, alley or other public way, such lands formerly within such vacated street, alley or public way shall automatically and without further governmental action thenceforth acquire and be subject to the same zoning regulations as are applicable to the lands to which same shall attach.

(Ord. No. 158, § 4.04, 9-22-2008)