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No building or structure, or part thereof, shall hereafter be erected, constructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this Zoning Code.
(1975 Code § 5.112)
Whenever any area is annexed to the City of Ionia one of the following conditions will apply:
(a) Land that is zoned previous to annexation shall be classified as being in whichever district of this Zoning Code most closely conforms to 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 the same by resolution.
(b) Land not zoned prior to annexation shall be automatically classified as an R-1 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, or within one year after the annexation is completed.
(1975 Code §5.23)
The City Council may from time to time, on recommendation from the Planning Commission or on petition, amend, supplement, rezone or change the district boundaries or the regulations herein, or subsequently established herein, pursuant to authority and procedure established by the Michigan Zoning Enabling Act, PA 110 of 2006.
In instances that involve the rezoning of a property (or properties) or the changing of the district boundaries, regardless if by petition or initiation by the City, the public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006 as amended and the other provisions of this section with regard to public notification.
(a) Responsibility for Public Notice. The City Clerk, or his or her designee, shall be responsible for preparing the content of the public notice, having it published and mailed or delivered as provided in this section.
(b) Notice Requirements. Notice of a public hearing for an administrative review, variance, exceptions and special approvals shall be given not less than fifteen days before the date of the public hearing. The notice shall be given as follows:
(1) Newspaper notice. The notice shall be published in a newspaper that circulates in the City.
(2) Mail and personal notice. The notice shall be sent by first class mail or personal delivery to:
A. The owner of property for which approval is being considered, and the applicant, if different than the owner of the property.
B. Sent by first class mail or personal delivery to all persons to whom property is assessed within 300 feet of the boundary of the property subject of the request and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located within the municipal boundaries of the City. If the name of the occupant is not known, the term "occupant" may be used in making notifications. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at a primary entrance to the structure.
C. All neighborhood organizations, public utility companies, airports, railroads, and other persons, which have requested to receive notice pursuant to this section.
(c) Record of Mailing. The City Clerk, or his or her designee, shall prepare an affidavit of mailing which shall include those to whom the notice was mailed and the date of mailing.
(d) Content of Notice. The public notice shall:
(1) Describe the nature of the request.
(2) Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist for the property. If there are no street addresses, other means of identified may be used, such as a tax parcel identification number, identifying the nearest cross streets, or including a map showing the location of the property.
(3) Indicate the date, time and place of the public hearing.
(4) Include a statement describing when and where written comments will be received concerning the request and a statement that the public may appear at the public hearing in person or by counsel.
(e) Registration to Receive Notice by Mail. Any neighborhood organization, public utility company, railroad or any other person may register with the City Clerk to receive written notice of any public hearing held pursuant to Part Twelve, Planning and Zoning, of the City Code.
(f) Each proposed amendment or supplement to Title Six - Zoning of the Codified Ordinances of Ionia shall be referred to the Planning Commission for its consideration and a subsequent recommendation to the City Council following a public hearing in accordance with the requirements of the Michigan Zoning Enabling Act, PA 110 of 2006, as amended.
After receiving such recommendation, the City Council shall consider the proposed amendment. The City Council may hold a public hearing if it considers such additional hearing necessary. Upon request of any property owner by certified mail directed to the City Clerk, the City Council shall hold a public hearing. Notice of the additional public hearing shall be made in accordance with the requirements of Section 1240.07.
The City Council may, but need not, refer any proposed amendment back to the Planning Commission for consideration and comment within the time period specified by the City Council if the City Council desires to revise the amendment proposed by the Planning Commission. Following this the City Council shall vote on the adoption of the amendment to Title Six - Zoning, with or without revisions proposed by the Planning Commission. The City Council, however, may revise the amendment as proposed by the Planning Commission and then proceed to vote on the adoption of the amendment.
(1975 Code § 5.198) (Ord. 443. Passed 1-2-07; Ord. 469. Passed 10-6-09.)
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with any existing provision of law or ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises, provided, however, that where this chapter imposes a greater restriction than is required by other provisions of these Codified Ordinances or by the rules, regulations or permits, the provisions of this chapter shall control.
(1975 Code § 5.199)
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 the same 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.
(1975 Code § 5.200)
1240.10 RULES OF CONSTRUCTION.
The following rules of construction apply to the text of this chapter:
(a) The particular shall control the general.
(b) In cases of any difference of meaning or implication between the text of this Zoning Code and any caption or illustration, the text shall control.
(c) The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
(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.
(f) The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for" and or "occupied for ".
(g) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
(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 the connected items, conditions, provisions, or events may apply singly or in any combination.
(3) "Either. . . or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination.
(i) Terms not herein defined shall have the meaning customarily assigned to them.
(1975 Code § 5.5)
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