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Walled Lake City Zoning Code

ARTICLE 3

00.- ZONING DISTRICTS AND MAP; CONFORMITY TO ORDINANCE REGULATIONS

Sec. 51-3.01.- Zoning districts established.

For the purposes of this chapter, the city is hereby divided into the following zoning districts:

R1-A Single-Family Residential District
R1-B Single-Family Residential District
RD-1 Two-Family Residential District
RM-1 Multiple-Family Residential District
RM-2 Multiple-Family Residential District
RM-3 Multiple-Family Residential District
MH Mobile Home District
O-1 General Office District
C-1 Neighborhood Commercial District
C-2 General Commercial District
C-3 Central Business District
P-1 Vehicular Parking District
CS Community Service District
I-1 Light industrial district

 

In addition, sections of the above zoning districts may be located in water areas.

(Code 1994, § 3.01)

Sec. 51-3.02. - Zoning district boundaries.

(a)

The boundaries of the zoning districts enumerated in section 51-3.01 are hereby established as shown on the zoning district map, Walled Lake, Michigan (hereinafter, the zoning map). The zoning map with all notations, references, and other information shown thereon shall be, and is hereby declared to be a part of this chapter as if fully described herein.

(b)

In accordance with the provisions of this chapter and Act 110, of the Public Acts of the State of Michigan, 2006, as amended, changes made in district boundaries or other matter portrayed on the zoning map shall be entered on the zoning map promptly after the amendment has been approved by the city council and has been published in a newspaper of general circulation in the city. The changes in the exact boundaries or other matters affecting the zoning map shall be legibly portrayed on the zoning map.

(c)

No changes of any nature shall be made in the zoning map or matters shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter punishable as provided for in this chapter.

(d)

Regardless of the existence of purported copies of the zoning map which may, from time to time, be made or published, the zoning map shall be located in the office of the city clerk and shall be the final authority as to the current zoning status of all land and water areas, buildings, and other structures in the city.

(e)

Properties fronting Pontiac Trail between Maple Rd. and Walled Lake Dr. are hereby removed from the Setback Measurement Standard requiring a front setback to be measured from a line parallel to and 60 feet from the center line of Pontiac Trail. Front yard setbacks for the removed properties fronting Pontiac Trail shall be measured and determined in accordance with otherwise applicable zoning ordinance standards and requirements.

(f)

Upon adoption and publication of the ordinance codified in this section, the official City of Walled Lake Zoning Map, declared to be a part of the zoning ordinance pursuant to this section, shall be amended by legibly portraying the amendment of the setback measurement standard adopted.

(Code 1994, § 3.02; Ord. No. C-325-16, §§ 2, 3, 6-21-2016)

Sec. 51-3.03. - Interpretation of zoning district boundaries.

Where, due to the scale, lack of details, or illegibility of the zoning map, there is any uncertainty, contradiction, or conflict as to the intended location of any zoning district boundaries shown thereon, the planning commission shall interpret the exact location of district boundary lines. In arriving at a decision on such matters, or in a review of any such decision by the zoning board of appeals or the courts. The following standards shall be applied:

(1)

The boundaries of zoning districts are intended to follow centerlines of alleys, streets, or other rights-of-way, water courses, or lot lines, unless such district boundary lines are otherwise clearly indicated on the zoning map.

(2)

Where district boundaries are so indicated that they approximately follow lot lines of record such lines shall be construed to be the boundaries.

(3)

In unsubdivided property, or where a district boundary divides a lot of record, the location of such boundary, unless shown by dimensions on the zoning map, shall be determined by use of the map scale shown on the zoning map.

(Code 1994, § 3.03)

Sec. 51-3.04. - Zoning of vacated areas.

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

(Code 1994, § 3.04)

Sec. 51-3.05. - Zoning of annexed areas.

Any area annexed to the city shall immediately upon such annexation, be automatically classified as an R1-A District until a different zoning district for said area has been adopted by the council. The planning commission shall recommend appropriate zoning for such areas within three months after the matter is referred to the planning commission by the council.

(Code 1994, § 3.05)

Sec. 51-3.06. - Zoning of water areas.

Any areas of the city which are not classified in a zoning district on a zoning map because they are covered by water shall be classified as an R1-A District until a different zoning district for said areas have been adopted by the council.

(Code 1994, § 3.06)

Sec. 51-3.07. - Conformity to ordinance regulations.

(a)

No structure or land shall hereafter be used or occupied and no structure or part thereof shall hereafter be erected, constructed, moved, or altered, except in conformity with the regulations, specified in this chapter.

(b)

Except as otherwise provided herein 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 and the schedule of regulations. In each zoning district a permitted use of land or buildings is 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 chapter. A use permitted subject to special conditions shall be a use of land or building requiring some measure of individual consideration, and therefore subject not only to the minimum requirements specified for such use in the zoning district in which such use is located, and applicable requirements found elsewhere in this chapter, but also to any special conditions in this chapter or required in accordance with the procedures of this chapter.

(c)

No part of any yard, open space, or on-street or off-street parking or loading space required in connection with any building for the purpose of complying with this chapter shall be included as part of any yard, open space, or off-street parking or loading space similarly required for any other building.

(d)

No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(e)

Essential services shall be permitted as authorized and regulated by law and the ordinances of the city and shall meet the minimum requirements for the district in which such services are located.

(Code 1994, § 3.07)

Sec. 51-3.08. - Conflicting regulations.

Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such law or ordinance shall govern, except where local regulations are specifically superseded by state or federal laws or regulations. The state or federal agency having jurisdiction over the matter shall have the authority to interpret the applicable laws and regulations and determine the extent to which said laws and regulations supersede this chapter. This authority, however, shall not preclude further interpretation by a court or other third party, independent agency or official having jurisdiction over the matter. Notwithstanding this provision, current state mobile home commission regulations do not provide for review by a third party or other official.

(Code 1994, § 3.08)

Sec. 51-3.09. - Permissive zoning concept.

Land uses are permitted specifically in the various zoning districts of this chapter. Where not specifically permitted, uses are thereby specifically prohibited unless the planning commission construes them to be similar to a use expressly permitted. No land contained within any zoning district within the city shall be used for any purpose other than those uses specifically set forth in the following sections, except as otherwise permitted by this chapter.

(Code 1994, § 3.09)

Sec. 51-3.10. - Rezoning parcels.

(a)

Rezoning of parcels from C-1 to C-3.

Section 51-3.02, zoning district boundaries, is hereby amended by rezoning the following parcels from C-1 to C-3 as identified by the following property identification numbers:

1734253017, 1734253021, 1734253019, 1734255010, 1734255008, 1734255007, 1734402002, 1734402001, 1734403003, 1734403004, 1734403001, 1734403002, 1734401007, 1734401008, 1734401012, 1734401011, 1734401010, 1734401009, 1734401004

(b)

Extension of historic downtown district.

Section 51-3.02, zoning district boundaries, is hereby amended as depicted on the attached appendix by extending the historic downtown district to add the following parcels as identified by the following property identification numbers:

1734253017, 1734253021, 1734253019, 1734255010, 1734255008, 1734255007, 1734402002, 1734402001, 1734403003, 1734403004, 1734403001, 1734403002, 1734401008, 1734401012, 1734401011, 1734401010, 1734401009, 1734255001, 1734255002, 1734255003

(c)

Amendment of zoning map. Upon adoption and publication of the ordinance from which this section is derived, the official City of Walled Lake Zoning Map, declared to be a part of the zoning ordinance pursuant to article 3.00, section 51-3.02, shall be amended by legibly portraying the amendment of the zoning district boundaries adopted pursuant to subsections (a) and (b) of this section.

(d)

Rezoning of parcels from C-1 to C-2.

[Parcel No.] 17-35-400-055, NE corner of 14 Mile Rd. and Decker Rd., Walled Lake, MI subject to the conditions set forth in the conditional rezoning agreement relative to the rezoning which is on file and available for public inspection upon request through the city clerk's office.

(Ord. No. C-326-16, §§ 2—4, 8-16-2016; Ord. No. C-371-23, 1-16-2024)