The areas of the Charter Township of Shelby comprising the zoning districts as established in article 8 of this ordinance and the boundaries of said district shall be as shown upon the map attached hereto, which map, together with all notations, references and other information shown thereon, shall be and hereby is designated as the Charter Township of Shelby Zoning Map and is hereby made a part of this ordinance.

Editor's note— The zoning map has not been included in this volume. It is available for inspection at the offices of the Township.

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 township clerk, shall be the final authority as to the current status of zoning in Shelby Township.

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 township board 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 in 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.

The Charter Township of Shelby shall be and is hereby divided into the following classifications of land use districts:

A.

Residential districts:

1.

R-1, one-family residential

2.

R-1-A, one-family residential

3.

R-1-B, one-family residential

4.

R-1-C, one-family residential

5.

R-2, two-family residential

6.

MHP, mobile home park

7.

R-3 through R-12, multiple-family, low rise

8.

HMR, high and mid-rise

B.

Office and commercial districts:

1.

O-1, professional office

2.

O-2, service office

3.

C-1, local retail business

4.

C-2, linear retail business

5.

C-3, shopping center business

6.

C-4, general business

7.

C-5, multi-use

8.

C-6, Shelby Center

C.

Industrial districts:

1.

I-R, industrial research

2.

L-M, light manufacturing

3.

H-M, heavy manufacturing

D.

Other districts:

1.

Reserved

2.

T-1, transitional

3.

REC, recreation

(Ord. No. 212.17, 8-7-2001; Ord. No. 212.62, 10-17-2006)

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

A.

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 Shelby Township limits. Dimensions shown are to the center of the adjacent road or street.

B.

Parcels with more than one zoning classification. This ordinance shall apply to all parcels incorporating a single legal description, which include more than one zoning classification, except where the additional zoning classification is a transition district, or recreational district. Wherever a singly, legally described parcel involves more than one zoning classification, adequate ingress and egress shall be provided to permit the orderly development of both parcels as zoned. Prior to the development of either parcel, permanent ingress and egress must be established where ingress and egress is provided from one portion of the parcel to the other. A permanent easement for ingress and egress no less than 60 feet shall be provided as determined by the planning commission prior to the commencement of development on any portion of a parcel, as well as easements for the provision of public utilities currently or in the future to each portion of the parcel under separate zoning classification, as determined by the planning commission. The required 60-foot right-of-way width may be reduced by the planning commission subject to the recommendation by the township engineer that the easement is wide enough to accommodate access for the site as well as public utilities.

C.

Where, due to the scale, lack of detail or illegibility of the zoning map for this ordinance, 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 board of appeals, in arriving at a decision on these matters, shall apply the following standards:

1.

The district boundaries, as set forth in this section, shall first be considered with reference to the standards cited in section 8.02.A. above.

2.

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

3.

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

(Ord. No. 212.6, § 4, 11-2-1999; Ord. No. 212.62, 10-17-2006)

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 ordinance. 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 section 13.01 of this ordinance and any special conditions imposed for that use.

Whenever the words "uses permitted" and "principal uses permitted" are used, they shall refer specifically and be limited to the uses listed in the district referred to herein. Similarly, special land uses, when referred to, shall also be those specifically referred to as such in the referenced district or section of this ordinance.

The zoning of any vacated street, alley or other public right-of-way shall be regulated as specified in section 3.39.