Article 1

GENERAL PROVISIONS


  1. Title

This Resolution shall be known and may be cited to as the “Zoning Resolution of the Township of Berlin”, except as referred to herein, where it shall be known as “this Resolution”.

 

     
1.1 Interpretation

In their interpretation and application, the provisions of this Resolution shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare.  Whenever the requirements of this Resolution conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive or that imposing the higher standards, shall govern.

 


1.2 Separability

Should any section or provision of this Resolution be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Resolution as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

 


1.3 Repeal of Conflicting Resolutions

All Resolutions in conflict with this Zoning Resolution or inconsistent with the provisions of this Resolution are hereby repealed to the extent necessary to give this Resolution full force and effect.

 


1.4 Effective Date

This Resolution shall become effective from and after the date of its approval and adoption, as provided by law.

 


1.5 Incorporation of Maps

The boundaries of districts established by this Resolution are shown on the official zoning map which is hereby incorporated into the provisions of this Resolution.  The zoning map in its entirety, including all amendments shall be as much a part of this Resolution as if fully set forth and described herein.

 


1.6 Identification and Alteration of the Official Zoning Map

The official zoning map shall be identified by the signature of the township trustees and bearing the seal of the township under the following words:  “This is to certify that this is the Official Zoning Map referred to in Article 11 of Resolution No. 95-8 of the Township of Berlin, together with the date of the adoption of this Resolution.

If, in accordance with the provisions of this Resolution, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the Board of Trustees.  No amendment to this Resolution which involves a matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this resolution.  Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Resolution and punishable as provided under Article 5.

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the Office of the Zoning Inspector shall be the final authority as to the current zoning status of the land and water areas, buildings and other structures in the planning region.

 


1.7 Replacement of Official Zoning Map

In the event that the official zoning map becomes, damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Board of Trustees may by resolution adopt a new official zoning map which shall supersede the prior official zoning map.  The new official zoning may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof.  The new official zoning map shall be identified by the signature of the township trustees and bearing the seal of the township under the following words:  “This is to certify that this official zoning map supersedes and replaces the official zoning map adopted by the township”.

All prior official zoning maps or any significant parts thereof shall be preserved, together with all available records pertaining to their adoption of amendments.