This Ordinance shall be known and cited as the Zoning Ordinance of the City of Tecumseh, Michigan, and will be referred to herein as "this Chapter" or "this Ordinance".

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

This Ordinance establishes comprehensive zoning regulations for the City of Tecumseh ("City") and provides for the administration, enforcement, and amendment of those regulations, in accordance with the provisions of the Michigan Zoning Enabling Act (PA 110 of 2006), as amended, and the Michigan Planning Enabling Act (PA 33 of 2008), as amended.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

The purpose and intent of this Chapter is to:

(a)

Implement the recommendations of the Comprehensive Master Plan for the City of Tecumseh, as well as any other Subarea Plans adopted by the City for the purpose of supporting or guiding the Zoning Ordinance, as they are adopted or amended by the City.

(b)

Regulate the externalities of development to ensure health, safety, and welfare among land uses and reduce negative impacts on adjacent properties.

(c)

Promote orderly development, maintain Tecumseh's unique historic character, and protect the long-term stability of residential, commercial, industrial, and recreational uses.

(d)

Set clear baseline standards for quality design that will maintain and enhance both the appearance and long-term endurance of buildings and development.

(e)

Allow for a diversified and balanced mixture of land uses that support strong economic roots, long term vitality, and a high quality of life for residents.

(f)

Protect and enhance the natural environment through sustainable building and site design practices.

(g)

Create a safe, balanced, and coordinated multi-modal transportation system which is pedestrian friendly and accessible.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

The provisions of this Ordinance shall apply to every building, use, and lot within the City of Tecumseh.

(b)

Any use not expressly permitted within this Zoning Ordinance shall be prohibited, unless otherwise reviewed and classified as a similar use by the development services director, or, if no acceptably similar use can be agreed upon, following approval by the Planning Commission as a special land use. See Sec. 98-64 on the determination for uses not specifically listed.

(c)

No building, structure, or land is to be used or occupied, and no building or structure or part thereof is to be erected, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with this Ordinance, unless specifically superseded by a law or regulation of Lenawee County, the State of Michigan, or the Federal Government of the United States. Buildings erected, altered, razed, or converted, or uses carried on in violation of any section of this Ordinance or in violation of any regulations made under the authority of the Michigan Zoning Enabling Act, PA 110 of 2006, (as amended), are hereby declared to be a nuisance per se, and the court shall order such nuisance abated.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

The following rules of construction apply to the text of this chapter:

(a)

The particular shall control the general.

(b)

In the case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.

(c)

The word "shall" is always mandatory and not discretionary. The words "may" or "should" are permissive and discretionary.

(d)

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.

(e)

A "building" or "structure" includes any part thereof. The word "dwelling" includes "residence". The word "lot" includes the words "plot" or "parcel".

(f)

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

(g)

The word "person" includes an individual, a firm, an association, an organization, a corporation (public or private), a partnership or co-partnership, a limited liability company, an incorporated or unincorporated association, a trust, or any other entity recognizable as a "person" under the laws of Michigan.

(h)

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)

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

(2)

"Or" indicates that all the connected items, conditions, provisions or events shall apply singly or in any combination (i.e., "or" also means "and/or").

(3)

"Either ... or" indicates that the connected items, conditions, provisions or events may apply singly.

(i)

The terms "this zoning ordinance" or "this chapter" includes the Zoning Ordinance of the City of Tecumseh and any amendments there to.

(j)

The terms "abutting" or "adjacent to" include property "across from", such as across a street, alley, or an easement. This term shall also apply to adjacent zoning districts in an adjacent community.

(k)

The word "he" includes "she."

(l)

The phrase "such as" shall mean "such as, but not limited to."

(m)

The word "including" shall mean "including, but not limited to."

(n)

Terms not defined in Article XII of this chapter (Definitions), or elsewhere in this chapter shall have the meaning customarily assigned to them.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

More Restrictive. Whenever any provisions of the City Code conflict, the more stringent requirements, regulations, restrictions, or limitations shall govern. Conversely, whenever the provisions of any other regulation or ordinance impose more stringent requirements than are imposed or required by this Ordinance, the provisions of such law or ordinance shall govern. The City manager shall make the final determination on which is more stringent. Any applicant aggrieved by the determination may appeal to the Zoning Board of Appeals.

(b)

Abrogate or Annul. This Ordinance is not intended to abrogate or annul any easement, covenant, or other private agreement, provided that where any provision of this Code is more restrictive or imposes a higher standard than such easement, covenant, or other private agreement, this Code governs.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

Generally. Nothing in this chapter should 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 they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

(b)

Exception. If a site plan or plat has been submitted for general review under the site plan or plat review procedure on or before the effective date of the ordinance from which this chapter derives, the provisions of this chapter shall not apply so far as they are more stringent or require more than the requirements in effect at the time of the site plan or plat was submitted for general review. All other requirements of this chapter shall be in effect and followed from and after the effective date of the ordinance from which this chapter derives.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Sections of this chapter shall be deemed to be severable and should any section, paragraph or provision hereof be declared by the courts to be unconstitutional or invalid, such holdings shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

Repeal of prior ordinance. The Zoning Ordinance adopted by the City of Tecumseh City council on May 18, 2009, and all amendments thereto, is hereby repealed insofar as it conflicts with this chapter. The repeal of the ordinance and all amendments does not affect or impair any act done, offense committed or right accruing, accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time enforced, prosecuted or inflicted.

(b)

Adoption and effective date. This chapter, including the zoning district map, is hereby adopted effective August 14, 2025, and shall be in force from and after the earliest date allowed by law. The ordinance from which this chapter derives is ordered to be published, as provided by law, in the Tecumseh Herald on August 7, 2025.

(c)

The ordinance from which this chapter derives was adopted by the City Ccouncil of Tecumseh by authority of Act 110 of the Public Acts of Michigan, 2006, (as amended) at a meeting thereof duly called and held on August 4, 2025, and ordered to be published in the manner provided by law.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Any person violating any of the sections of this chapter or the owner of any building, structure or premises or part thereof, where any condition in violation of this chapter shall exist or be created, and who has assisted knowingly in the commission of such violation, shall be responsible for a municipal civil infraction and upon a determination or admission of responsibility thereof shall be subject to a civil fine as established in the City of Tecumseh Code of Ordinances, the costs of prosecution, and such other costs, damages, expenses, sanctions and remedies authorized by law.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

In addition to all other remedies, including the penalties provided in this article, the City may commence and prosecute appropriate actions or proceedings in a court of competent jurisdiction to restrain or prevent any noncompliance with or violation of any of the sections in this Ordinance or to correct, remedy or abate such noncompliance or violation. Buildings erected, altered, razed, or converted, or uses carried on in violation of any section of this Ordinance or in violation of any regulations made under the authority of the Michigan Zoning Enabling Act, PA 110 of 2006, (as amended), are hereby declared to be a nuisance per se, and the court shall order such nuisance abated.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

The rights and remedies provided in this chapter are cumulative and in addition to any other remedies provided by law.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Forbearance of enforcement of this chapter shall not be deemed to condone any violation thereof.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

A separate violation shall be deemed committed upon each day during or when a violation of this Ordinance occurs or continues.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)