In recent years we have seen repeated instances where a controversial development complied with basic zoning requirements but was dramatically at odds with the master plan description of the site. The following sections of the State zoning laws indicate that the City has a re3sponsibility to make its zoning ordinances comply with its mater plan.
MCL Section 125.3203,(1):
A zoning ordinance shall be based upon a plan designed to
promote the public health, safety, and general welfare, to encourage
the use of lands in accordance with their character and adaptability, to
limit the improper use of land, to conserve natural resources and
energy, to meet the needs of the state’s residents for food, fiber, and
other natural resources, places of residence, recreation, industry,
trade, service, and other uses of land, to ensure that uses of the land
shall be situated in appropriate locations and relationships, to avoid
the overcrowding of population, to provide adequate light and air, to
lessen congestion on the public roads and streets, to reduce hazards to
life and property, to facilitate adequate provision for a system of
transportation including, subject to subsection (5), public
transportation, sewage disposal, safe and adequate water supply,
education, recreation, and other public requirements, and to conserve
the expenditure of funds for public improvements and services to conform
with the most advantageous uses of land, resources, and properties. A
zoning ordinance shall be made with reasonable consideration of the
character of each district, its peculiar suitability for particular
uses, the conservation of property values and natural resources, and the
general and appropriate trend and character of land, building, and
population development.
MCL Section 125.3501,(5):
A site plan shall be approved if it contains the
information required by the zoning ordinance and is in compliance with
the conditions imposed under the zoning ordinance, other statutorily
authorized and properly adopted local unit of government planning
documents, other applicable ordinances, and state and federal statutes.
Ann Arbor City Code, Title V, Chapter 55, Article III, 5:24.1
Intent. The intent of this section is to provide clear
and consistent area, height and placement regulations for construction
in the City of Ann Arbor. The standards are intended to require the
appropriate placement of buildings that result in improved non-motorized
access, adequate open space, and the efficient use of land and
infrastructure consistent with principles of sustainable land use
practices described in adopted City master plans.
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