- TITLE, PURPOSES AND LEGAL CLAUSES
This chapter shall be known as the "Zoning Ordinance of the Township of Northfield."
(Ord. of 7-22-2013, § 1.01)
(a)
General purposes. This chapter has been established for the purpose of implementing the township land use development plan and for the purposes of:
(1)
Promoting and protecting the public health, safety and general welfare.
(2)
Maintaining the rural, natural, and scenic qualities of the township by preserving farmland and significant open lands and promoting healthful surroundings for family life, while also providing for the needs of recreation, residence, commerce, and industry in future growth.
(3)
Regulating the intensity of use of land and lot areas and determining the area of open spaces surrounding buildings and structures necessary to provide adequate light, air, privacy, convenience of access to property, and lessening, and avoiding congestion on the public highways and streets.
(4)
Fixing reasonable standards to which buildings and structures shall conform and maintaining their taxable value by regulating the use, bulk, and concentration of buildings in relation to the land surrounding them, prohibiting uses, additions, alterations or remodeling of buildings or structures which are incompatible with the character of development or the uses, buildings or structures permitted within specified zoning districts.
(5)
Protecting against fire, explosion, noxious fumes and odors, heat, dust, smoke, glare, noise, vibration, radioactivity, and other nuisances and hazards in the interest of the public health, safety and general welfare.
(6)
Designating and defining the powers and duties of the officials in charge of the administration and enforcement of this chapter, including creating a board of appeals and defining the powers and duties thereof; providing for the completion, restoration, reconstruction, extension or substitution of nonconforming uses; providing for the payment of fees; and providing penalties for the violation of this chapter.
(b)
Natural resource orientation purposes. The purposes of the natural resource orientation are:
(1)
To maintain the rural, natural and scenic qualities of the township. Toward this end, potential development shall be regulated to promote the preservation of natural features. Significant wildlife habitats, sensitive environmental lands and scenic vistas are to be protected.
(2)
To incorporate and integrate the township's wooded areas, streams, wetlands, varied topography and groundwater recharge areas and habitat for plant and wildlife into appropriate development patterns so they will be preserved, where possible, and properly protected where some encroachment from development is inevitable.
(3)
To provide regulation for the preservation and management of natural features and creation of new natural features, including:
a.
Protection of the quality of surface water.
b.
Protection of woodlands, upland brush, and landmark trees.
c.
Protection of strategic open space areas for nature conservation and/or recreational use.
(4)
To provide for the protection, preservation, proper maintenance and use of the township watercourses and wetlands in order to minimize or eliminate disturbance to them and to prevent damage from erosion, turbidity or siltation, and to prevent a loss of fish or other beneficial aquatic organisms, a loss of wildlife and vegetation or the destruction of the natural habitat thereof.
(5)
To provide for the protection of the township's potable fresh water supplies from the dangers of drought, overdraft, contamination or mismanagement.
(6)
To provide controls and regulations to secure safety from floods; to prevent loss of life, property damage and other losses and risks associated with flood conditions; to reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; to protect individual and community riparian rights; and to preserve the location, character and extent of natural drainage courses.
(7)
To provide for the control and preservation of wetlands and buffer areas adjacent to wetlands within the township and to protect the wetlands of the township from sedimentation, destruction, and misuse.
a.
The protection, preservation, replacement, proper maintenance, restoration, and use in accordance with the character, adaptability, and stability of the township's wetlands, wetland buffers, and wetland values in order to prevent their pollution or contamination; minimize their disturbance and disturbance to the natural habitat therein; and prevent damage from erosion, siltation, and flooding.
b.
The encouragement of proper and reasonable economic use of wetlands and wetland buffers, the discouragement and limitation of improper use, the reduction of financial burdens improper uses impose on the community, the maintenance of harmonious and compatible land use balance within the township, and the prevention of nuisance conditions that would arise with the indiscriminate development of existing wetlands and wetland buffers.
(8)
To provide regulations to control soil erosion and the resulting sedimentation and to protect the waters of the township by requiring adequate provisions for water disposal and protection of soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.
(c)
Agricultural orientation purposes. To ensure that land areas within the township which, due to soils, climate and topography, are well-suited for production of food, feed or fiber, are retained for such production unimpeded by the establishment of incompatible uses which would hinder farm and forestry operations and irretrievably deplete agricultural and forest lands.
(d)
Residential orientation purposes. The purposes of the residential orientation are:
(1)
To provide regulations to permit residential development that results in an enhanced living environment through the preservation of agriculture, environment, and rural landscapes.
(2)
To provide a more environmentally sensitive residential environment by preserving the natural character of open fields, stands of trees, ponds, streams, hills and similar natural features.
(3)
To preserve the rural landscape and protect environmentally sensitive lands from the disruptive effects of over development and inappropriate development.
(4)
To provide a method for more efficient and aesthetic use of open space by allowing developers to reduce lot sizes while maintaining the residential density required in the underlying zoning district.
(5)
To offer regulations as a guide for alternatives to traditional subdivisions through the use of planned community development concepts for the purpose of:
a.
Encouraging the use of township land in accordance with its character and adaptability;
b.
Ensuring the permanent preservation of open space, agricultural lands, and other natural resources;
c.
Allowing innovation and greater flexibility in the design of residential developments;
d.
Facilitating the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;
e.
Ensuring compatibility of design and use between neighboring properties; and
f.
Encouraging a less sprawling form of development, thus preserving open space as undeveloped land.
(6)
To provide for a variety of housing types, located within desirable residential settings, to ensure a maximum choice of dwelling units and a mix of population within the township to meet housing needs for varied population groups.
(e)
Commercial/employment center purposes. The purposes of the commercial/employment center are:
(1)
To protect existing public investment in infrastructure.
(2)
To provide for commercial and employment centers integrated with surrounding land uses to serve the demonstrated needs of township residents, without creating hazards for the township's environment or creating adverse impacts on existing or proposed residential or agricultural uses.
(Ord. of 7-22-2013, § 1.03)
(a)
If any court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not specifically included in said ruling.
(b)
If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular land, parcel, lot, district, use, building, or structure, such ruling shall not affect the application of said provision to any other land, parcel, lot, district, use, building, or structure not specifically included in said ruling.
(Ord. of 7-22-2013, § 1.04)
(a)
Where any condition imposed by any provision of this chapter upon the use of any lot, building or structure is either more restrictive or less restrictive than any comparable condition imposed by any other provision of this chapter or by the provision of an ordinance adopted under any other law, the provision which is more restrictive or which imposes a higher standard or requirement shall govern.
(b)
This chapter is not intended to abrogate or annul any easement, covenant or other private agreement; provided that where any provision of this chapter is more restrictive or imposes a higher standard or requirement than such easement, covenant or other private agreement, the provision of this chapter shall govern.
(Ord. of 7-22-2013, § 1.05)
- TITLE, PURPOSES AND LEGAL CLAUSES
This chapter shall be known as the "Zoning Ordinance of the Township of Northfield."
(Ord. of 7-22-2013, § 1.01)
(a)
General purposes. This chapter has been established for the purpose of implementing the township land use development plan and for the purposes of:
(1)
Promoting and protecting the public health, safety and general welfare.
(2)
Maintaining the rural, natural, and scenic qualities of the township by preserving farmland and significant open lands and promoting healthful surroundings for family life, while also providing for the needs of recreation, residence, commerce, and industry in future growth.
(3)
Regulating the intensity of use of land and lot areas and determining the area of open spaces surrounding buildings and structures necessary to provide adequate light, air, privacy, convenience of access to property, and lessening, and avoiding congestion on the public highways and streets.
(4)
Fixing reasonable standards to which buildings and structures shall conform and maintaining their taxable value by regulating the use, bulk, and concentration of buildings in relation to the land surrounding them, prohibiting uses, additions, alterations or remodeling of buildings or structures which are incompatible with the character of development or the uses, buildings or structures permitted within specified zoning districts.
(5)
Protecting against fire, explosion, noxious fumes and odors, heat, dust, smoke, glare, noise, vibration, radioactivity, and other nuisances and hazards in the interest of the public health, safety and general welfare.
(6)
Designating and defining the powers and duties of the officials in charge of the administration and enforcement of this chapter, including creating a board of appeals and defining the powers and duties thereof; providing for the completion, restoration, reconstruction, extension or substitution of nonconforming uses; providing for the payment of fees; and providing penalties for the violation of this chapter.
(b)
Natural resource orientation purposes. The purposes of the natural resource orientation are:
(1)
To maintain the rural, natural and scenic qualities of the township. Toward this end, potential development shall be regulated to promote the preservation of natural features. Significant wildlife habitats, sensitive environmental lands and scenic vistas are to be protected.
(2)
To incorporate and integrate the township's wooded areas, streams, wetlands, varied topography and groundwater recharge areas and habitat for plant and wildlife into appropriate development patterns so they will be preserved, where possible, and properly protected where some encroachment from development is inevitable.
(3)
To provide regulation for the preservation and management of natural features and creation of new natural features, including:
a.
Protection of the quality of surface water.
b.
Protection of woodlands, upland brush, and landmark trees.
c.
Protection of strategic open space areas for nature conservation and/or recreational use.
(4)
To provide for the protection, preservation, proper maintenance and use of the township watercourses and wetlands in order to minimize or eliminate disturbance to them and to prevent damage from erosion, turbidity or siltation, and to prevent a loss of fish or other beneficial aquatic organisms, a loss of wildlife and vegetation or the destruction of the natural habitat thereof.
(5)
To provide for the protection of the township's potable fresh water supplies from the dangers of drought, overdraft, contamination or mismanagement.
(6)
To provide controls and regulations to secure safety from floods; to prevent loss of life, property damage and other losses and risks associated with flood conditions; to reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; to protect individual and community riparian rights; and to preserve the location, character and extent of natural drainage courses.
(7)
To provide for the control and preservation of wetlands and buffer areas adjacent to wetlands within the township and to protect the wetlands of the township from sedimentation, destruction, and misuse.
a.
The protection, preservation, replacement, proper maintenance, restoration, and use in accordance with the character, adaptability, and stability of the township's wetlands, wetland buffers, and wetland values in order to prevent their pollution or contamination; minimize their disturbance and disturbance to the natural habitat therein; and prevent damage from erosion, siltation, and flooding.
b.
The encouragement of proper and reasonable economic use of wetlands and wetland buffers, the discouragement and limitation of improper use, the reduction of financial burdens improper uses impose on the community, the maintenance of harmonious and compatible land use balance within the township, and the prevention of nuisance conditions that would arise with the indiscriminate development of existing wetlands and wetland buffers.
(8)
To provide regulations to control soil erosion and the resulting sedimentation and to protect the waters of the township by requiring adequate provisions for water disposal and protection of soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.
(c)
Agricultural orientation purposes. To ensure that land areas within the township which, due to soils, climate and topography, are well-suited for production of food, feed or fiber, are retained for such production unimpeded by the establishment of incompatible uses which would hinder farm and forestry operations and irretrievably deplete agricultural and forest lands.
(d)
Residential orientation purposes. The purposes of the residential orientation are:
(1)
To provide regulations to permit residential development that results in an enhanced living environment through the preservation of agriculture, environment, and rural landscapes.
(2)
To provide a more environmentally sensitive residential environment by preserving the natural character of open fields, stands of trees, ponds, streams, hills and similar natural features.
(3)
To preserve the rural landscape and protect environmentally sensitive lands from the disruptive effects of over development and inappropriate development.
(4)
To provide a method for more efficient and aesthetic use of open space by allowing developers to reduce lot sizes while maintaining the residential density required in the underlying zoning district.
(5)
To offer regulations as a guide for alternatives to traditional subdivisions through the use of planned community development concepts for the purpose of:
a.
Encouraging the use of township land in accordance with its character and adaptability;
b.
Ensuring the permanent preservation of open space, agricultural lands, and other natural resources;
c.
Allowing innovation and greater flexibility in the design of residential developments;
d.
Facilitating the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;
e.
Ensuring compatibility of design and use between neighboring properties; and
f.
Encouraging a less sprawling form of development, thus preserving open space as undeveloped land.
(6)
To provide for a variety of housing types, located within desirable residential settings, to ensure a maximum choice of dwelling units and a mix of population within the township to meet housing needs for varied population groups.
(e)
Commercial/employment center purposes. The purposes of the commercial/employment center are:
(1)
To protect existing public investment in infrastructure.
(2)
To provide for commercial and employment centers integrated with surrounding land uses to serve the demonstrated needs of township residents, without creating hazards for the township's environment or creating adverse impacts on existing or proposed residential or agricultural uses.
(Ord. of 7-22-2013, § 1.03)
(a)
If any court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not specifically included in said ruling.
(b)
If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular land, parcel, lot, district, use, building, or structure, such ruling shall not affect the application of said provision to any other land, parcel, lot, district, use, building, or structure not specifically included in said ruling.
(Ord. of 7-22-2013, § 1.04)
(a)
Where any condition imposed by any provision of this chapter upon the use of any lot, building or structure is either more restrictive or less restrictive than any comparable condition imposed by any other provision of this chapter or by the provision of an ordinance adopted under any other law, the provision which is more restrictive or which imposes a higher standard or requirement shall govern.
(b)
This chapter is not intended to abrogate or annul any easement, covenant or other private agreement; provided that where any provision of this chapter is more restrictive or imposes a higher standard or requirement than such easement, covenant or other private agreement, the provision of this chapter shall govern.
(Ord. of 7-22-2013, § 1.05)