This chapter shall be known and cited as the zoning ordinance of the city.

(Ord. No. 691, § 1(32-1), 5-4-2005)

(a)

The purpose of this chapter is to promote, protect, regulate, restrict and provide for the use of land and buildings within the city; to meet the needs of the state's residents for places of residence, recreation, industry, trade, service, and other uses of land, to insure that uses of the land shall be situated in appropriate locations in accordance with the master plan, to implement the goals, objectives and strategies of the master plan, to limit the inappropriate overcrowding of land and congestion of population and transportation systems and other public facilities, to facilitate adequate and efficient provision for transportation systems, sewage disposal, water, energy, education, recreation, and other public service and facility needs, and to promote public health, safety, and welfare.

(b)

For the purpose set forth herein, the city is divided into districts. For each of those districts, regulations are imposed designating the uses by which buildings or structures shall or shall not be erected or altered, and designating the trades, industries, and the land uses or activities that shall be permitted or excluded, or subjected to special regulations.

(c)

It is also the purpose of this chapter to provide for the establishment of a zoning board of appeals and its powers and duties, to provide for the administration and enforcement hereof and for penalties for its violation, and to provide for the repeal of any and all ordinances inconsistent herewith.

(Ord. No. 691, § 1(32-2), 5-4-2005)

This chapter is adopted pursuant to Public Act No. 110 of 2006 (MCL 125.3101 et seq.), as amended, and, when so far as it is applicable, Public Act No. 285 of 1931 (MCL 125.31 et seq.), as amended. Said Public Acts, covering zoning and municipal planning, respectively, and such provisions are hereby made a part of this chapter as if contained verbatim in their complete textual forms, as amended.

(Ord. No. 691, § 1(32-3), 5-4-2005)

(a)

This chapter shall be liberally construed in such manner as to best implement its purpose. In interpreting and applying the provisions of this chapter, the requirements shall be held to be the minimum for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.

(b)

No building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed or altered, and no new use or change shall be made of any building, structure or land, or part thereof, except as permitted by the provisions of this chapter.

(c)

Where a condition imposed by a provision of this chapter upon the use of any lot, building, or structure is conflicting with a condition imposed by any other provision of this chapter, or by the provision of an ordinance adopted under any other law, the provision which is more restrictive shall govern.

(d)

Nothing within this chapter shall be construed to prevent compliance with an order by the appropriate authority to correct, improve, strengthen, or restore to a safe or healthy condition any part of a building or premises declared unsafe or unhealthy.

(Ord. No. 691, § 1(32-4), 5-4-2005)

(a)

If a court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not specifically included in said ruling.

(b)

If a court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular land, parcel, lot, district, use, building, or structure, such ruling shall not affect the application of said provision to any other parcel, lot, district, use, building, or structure not specifically included in said ruling.

(Ord. No. 691, § 1(32-5), 5-4-2005)

(a)

Where any condition imposed by any provision of this chapter upon the use of any lot, building, or structure is either more restrictive or less restrictive than any comparable conditions imposed by any other provision of this chapter or by the provision of any ordinance adopted under any other law, as established by this Code, the provision which is more restrictive or which imposes a higher standard or requirement shall govern.

(b)

This chapter is not intended to modify or annul any easement, covenant, or other private agreement, provided that where any provision of this chapter is more restrictive or imposes a higher standard or requirement than such easement, covenant, or other private agreement, the provision of this chapter shall govern.

(Ord. No. 691, § 1(32-6), 5-4-2005)

The zoning map and/or text, the plans and specifications for the future development or redevelopment of the city, are based upon the master plan, as amended, for the city. The master plan has been and will continue to be a basis for amending or changing the zoning ordinance map and text in the future.

(Ord. No. 691, § 1(32-7), 5-4-2005)

Nothing in this chapter shall be interpreted or construed to give rise to any permanent vested right in the continuation of any particular use, district, zoning classification or permissible activity therein. Any such use, district, zoning classification or activity is hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of the public health, safety and welfare.

(Ord. No. 691, § 1(32-8), 5-4-2005)