An ordinance to establish zoning districts for the Village of Ontonagon, Michigan; to establish regulations for those districts that are consistent with the Ontonagon Village Master Plan; to encourage and regulate the proper use of land; to provide for the administration, enforcement, and penalties for violation; to continue a Zoning Board of Appeals, and to provide duties for the Board of Appeals and Planning Commission pursuant to the Michigan Planning Enabling Act, Public Act 33 of 2008, which incorporate the powers and duties of a zoning commission pursuant to the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended; to repeal all inconsistent ordinances; and saving from the 1995 VILLAGE OF ONTONAGON, MICHIGAN, ZONING ORDINANCE, as repealed, the penalties and liabilities therein imposed.

After careful study of this Ordinance, the Village of Ontonagon Planning Commission recommends its adoption to the Village Council of the Village of Ontonagon, and does ordain the following:

1.1.1

Title. This Ordinance shall be known as the Village of Ontonagon Zoning Ordinance, and may be referred to within this document as "Ordinance," or "Zoning Ordinance."

1.1.2

Legal basis. This Ordinance is adopted pursuant to the authority and requirements of the Michigan Zoning Enabling Act, Public Act 110 of 2006, which may hereafter be referred to as simply the Michigan Zoning Enabling Act; and other applicable acts related to specific uses.

1.1.3

History and repeal of prior ordinances. The previous Village of Ontonagon Zoning Ordinance was adopted and became effective in 1995, and was subsequently amended. That ordinance is repealed by and replaced with this Ordinance.

1.1.4

Effective date. This Ordinance shall become effective seven (7) days from the date of publication of notice of adoption.

1.2.1

Authority. The Zoning Administrator and the Planning Commission are responsible for interpreting the text of this Ordinance in accordance with the standards set forth in this Article, and applicable Ordinance standards and requirements, and applicable state and federal law.

1.2.2

Jurisdiction. This Ordinance shall apply to all buildings, structures, lands, water, and uses over which the Village of Ontonagon has jurisdiction under the constitution and laws of the State of Michigan and of the United States.

1.2.3

Relationship to other regulations.

By the adoption of this Ordinance, the Village does not intend to legitimize activities prohibited by local ordinance, state, or federal law. Within the jurisdictional boundaries of the Village of Ontonagon, no land shall be used, and no structure erected or maintained, in violation of any state or federal law or other regulation. References to other laws or regulations in the Ordinance are for the convenience of the reader, however, the lack of cross-reference does not exempt a land, building, structure, or use from other applicable regulations.

In the interpretation, application, and enforcement of this Ordinance, whenever the Ordinance imposes a greater restriction than is required by another existing ordinance, law, rule, regulation, or permit, the provisions of the Ordinance shall control.

This Ordinance is not intended to interfere with or annul any ordinance, rule, regulation, or permit previously adopted and not in conflict with any of the provisions of this Ordinance. This Ordinance is not intended to interfere with or annul any easements, covenants, deeds, or other agreements between parties, provided however, that where the Ordinance imposes a greater restriction, then the provisions of the Ordinance shall control in addition to all nonconflicting requirements.

In the event that the combined effect of the requirements of this Ordinance and any other law, rule, regulation or ordinance so severely limit the use of property subject to this Ordinance that no economically viable use of the property remains and a claim of taking under the Fifth Amendment to the U.S. Constitution could be made, then prior to seeking any redress in a court of law, the property owner shall file a petition with the Village Council for a Hardship Planned Unit Development under Section 10.7 of this Ordinance.

Meetings of the Village Council, Planning Commission, and Zoning Board of Appeals under this Ordinance are subject to the Open Meetings Act, P.A. 267 of 1976, as amended. Documents prepared for or retained for the administration of this Ordinance are subject to the Freedom of Information Act, P.A. 442 of 1976, as amended.

1.2.4

Statutory references. All statutory citations are to statutes including codifications and repeals if a new statute is adopted with a similar scope and purpose. All references to state law in this Ordinance refer to the Michigan Compiled Laws (MCL), as amended.

1.2.5

Applicability. Every building or structure erected; any use of land, building, structure or premises; any structural alteration or relocation of an existing building or structure; and any enlargement of, or addition to, an existing use of land, building, structure, or premises occurring after the effective date of this Ordinance shall be subject to the provisions of this Ordinance.

1.2.6

Vested rights. Except as otherwise noted in this Ordinance, nothing in this Ordinance shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or any permissible activities therein; and all rights are hereby declared to be subject to such subsequent amendment, change, or modification as may be necessary for the preservation or protection of public health, safety, and welfare.

1.2.7

Severability.

If any court of competent jurisdiction shall declare any part of this Ordinance to be invalid, that ruling shall not affect any other provisions of this Ordinance not specifically included in the ruling. Further, if any court of competent jurisdiction shall declare invalid the application of any provision of this Ordinance to a particular parcel, lot, use, building, or structure, that ruling shall not affect the application of provision to any other parcel, lot, use, building, or structure not specifically included in the ruling.

If any portion of this Ordinance is found to be invalid or unconstitutional by a court of competent jurisdiction, the Village of Ontonagon intends that portion be disregarded, reduced, and/or revised so as to be consistent with the purposes of this Ordinance to the fullest extent allowed by law.

1.2.8

Regulations run with the land.

All zoning approvals granted under this Ordinance run with the land. The right to continue a land use or activity, or construct a building or structure which is either permitted by this Ordinance or established as a nonconformity, shall be vested with the property rather than the owner. No rights shall be terminated for reasons of transfer of ownership unless such a permit is no longer valid as determined by the Zoning Administrator. The right to continue a land use or activity shall transfer automatically upon the conveyance of the property unless terminated pursuant to other terms of this Ordinance.

1.2.9

Minimum requirements. In interpreting and applying the provisions of this Ordinance, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

1.2.10

Meaning and intent. All provisions, terms, phrases, and expressions contained in this Ordinance shall be construed according to this Ordinance's stated purpose and intent, and applicable state law.

1.2.11

Text controls. The following rules of construction apply to the text, tables, and illustrations of this Ordinance:

1.2.11.1

In case of any difference of meaning or implication between the text of this Ordinance and any heading, drawing, table, figure, caption, or illustration, the text shall control.

1.2.11.2

The particular shall control the general. The use of a general or similar term shall not be taken to be the same as the use of any other specific term.

1.2.11.3

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

1.2.11.4

Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

1.2.11.5

A "building" or "structure" includes any part thereof.

1.2.11.6

The word "dwelling" includes "residence."

1.2.11.7

The word "lot" includes the word "plot," "tract," or "parcel."

1.2.11.8

The phrase "used for" or "occupied" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for."

1.2.11.9

The word "person" includes an individual, a corporation, a limited liability corporation, a partnership, a trust, a firm, an incorporated association, or any other similar entity.

1.2.11.10

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either. . . or," the conjunction shall be interpreted as follows:

1.2.11.10.A

"And" indicates that all the connected items, conditions, provisions or events shall apply.

1.2.11.10.B

"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

1.2.11.10.C

"Either. . . or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

1.2.11.11

Words and phrases not otherwise defined in this Ordinance shall have the meaning customarily assigned to them.

1.2.11.12

The words "this Ordinance" means the text of this Ordinance as well as all maps, tables, graphics, schedules as included or attached and as enacted or subsequently amended. The use of the words "Village," "Village Council," and "Planning Commission" all refer to the appropriate entities of the Village of Ontonagon, Michigan.

1.2.12

Interpretation of boundaries. Where a question arises with respect to the boundary of any district, the following shall govern:

1.2.12.1

Boundaries indicated as approximately following the center lines of streets or alleys shall be construed to follow the center lines.

1.2.12.2

Where boundaries follow the shore line of a stream, lake, or other body of water, the boundaries shall follow such shoreline, and in the event of change in the shoreline, the boundaries shall be the actual shoreline; where boundaries follow the centerline of streams, rivers, canals or other bodies of water, such shall follow the centerlines thereof.

1.2.12.3

A boundary indicated as approximately following a recorded lot line or the line bounding a parcel (such as a section or quarter-section line) shall be construed as following the lot line.

1.2.12.4

A boundary indicated as following the municipal boundary line shall be construed as following the boundary line.

1.2.12.5

A boundary indicated as following a railroad line shall be construed to be midway between the main tracks or in the center of the right-of-way if the tracks have been removed.

1.2.12.6

Boundaries indicated as parallel to, or extensions of features indicated in subsections 1-5 above, shall be so construed. A distance not specifically indicated in the Official Zoning Map shall be determined by the scale of the map to the nearest foot.

1.2.12.7

Where physical features existing on the ground are at variance with those shown on the Official Zoning Map, the Board of Appeals shall interpret the district boundaries.

1.2.12.8

Should the above rules not fully explain a question of boundaries, the Zoning Board of Appeals shall have the authority to make an interpretation on appeal.

1.2.13

Official zoning map provisions.

1.2.13.1

The boundaries of the respective zoning districts are defined and established as depicted on the official map entitled "Village of Ontonagon Zoning Map," which is an integral part of this Ordinance, and which, with the accompanying explanatory notes, shall be published as part of and incorporated by reference to the Village of Ontonagon Zoning Ordinance.

1.2.13.2

The Official Zoning Map shall be identified by the signature of the Village President, attested by the Village Clerk, and bearing the seal of the Village under the following words: "This is to certify that this is the Official Zoning Map of the Zoning Ordinance of the Village of Ontonagon, Michigan," together with the date of adoption of this Ordinance.

1.2.13.3

One (1) copy of the Official Zoning Map shall be maintained and kept up-to-date in the office of the Zoning Administrator of the Village of Ontonagon, along with a chronological file of the official actions taken.

1.2.13.4

If, in accordance with the provisions of this Ordinance, changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map within ten (10) days after the amendment has been approved by the Village Council. No amendment to this Ordinance which involves matters portrayed on the Official Zoning Map shall become effective until such change and entry has been made on the map. Amendments shall not be considered final, and building permits shall not be issued, until the appropriate amendments have been made on the Official Zoning Map. Each amendment shall be accompanied by a reference number on the map, which shall refer to the official action of the Village Council.

1.2.13.5

Any unauthorized change on or defacing of the Official Zoning Map by any person or persons shall be considered a violation of this Ordinance.

1.2.13.6

Regardless of the existence of copies of the Official Zoning Map which may be made or published, the Official Zoning Map retained in the office of the Zoning Administrator shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the Village.

1.2.13.7

In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Village Council may by resolution 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 in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Village President, attested by the Village Clerk, bearing the seal of the Village under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of the Zoning Ordinance of the Village of Ontonagon, Michigan" together with the date of adoption of this resolution. Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts that remain shall be preserved together with all available records pertaining to its adoption or amendment.