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Utica City Zoning Code

ARTICLE III

ZONING DISTRICTS AND MAPS2


Footnotes:
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Cross reference— Buildings and building regulations, ch. 10; distance of mechanical amusement devices from schools, § 14-277; environment, ch. 26; floods, ch. 34; subivisions and other divisions of land, ch. 66.

State Law reference— Zoning districts authorized, MCL 125.581.


Section 300.- Districts established.

For the purpose of this ordinance, the City of Utica is hereby divided into the following districts:

R-1A through R-1B, one-family residential district

R-2, two-family residential district

R-3, multiple-family residential

0-1, office district

C-1, central business district

C-2, general business district

MXD, mixed use district

I, industrial district

P-1, vehicular parking district

Section 301. - District boundaries.

The boundaries of these districts are hereby established as shown on the Zoning Districts Map, City of Utica Zoning Ordinance, which accompanies this ordinance, and which map with all notations, references, and other information shown thereon shall be as much a part of this ordinance as if fully described herein.

Section 302. - District boundaries interpreted.

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

1.

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys, shall be construed to follow such centerlines.

2.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3.

Boundaries indicated as approximately following corporate limits shall be construed as following corporate limits.

4.

Boundaries indicated as following railroad lines shall be construed to be the midway between the main tracks.

5.

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerline of streams, rivers, canals, or other bodies of water shall be construed to follow such centerlines.

6.

Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 5 above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

7.

Where physical or natural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections 1 through 6 above, the city council, acting as the board of appeals shall interpret the district boundaries.

8.

Insofar as some or all of the various districts may be indicated on the zoning map by patterns which, for the sake of map clarity, do not cover public rights-of-way it is intended that such district boundaries do extend to the center of any public right-of-way.

Section 303. - Zoning of vacated areas.

Whenever any street, alley or other public way, within the City of Utica shall be vacated, such street, alley or other public way or portion thereof, shall automatically be classified in the same zoning district as the property to which it attaches.

Section 304. - Zoning of annexed areas.

Wherever any area is annexed to the City of Utica, one of the following conditions will apply:

1.

Land that is zoned previous to annexation shall be classified as being in whichever district of this ordinance most clearly conforms with the zoning that existed prior to annexation, such classification to be recommended by the planning commission to the city council and the council shall approve same by resolution.

2.

Land not zoned prior to annexation shall be automatically classified as an R-1A through R-1B district until a zoning map for said area has been adopted by the city council. The planning commission shall recommend the appropriate zoning districts for such area within three months after the matter is referred to it by the city council.

3.

Whenever any city is incorporated, or whenever territory is annexed to any city incorporated pursuant to the provisions of the Home Rule Cities Act, the then existing zoning regulations for the territory within the newly incorporated city or for the annexed territory shall remain in full force and effect for a period of two years after incorporation or annexation, unless the legislative body of the city shall lawfully adopt other zoning regulations or ordinances.