This chapter shall be known and may be cited as the "Berlin Charter Township Zoning Ordinance."

(Ord. No. 01-20, § 18.01, 2-10-20)

(a)

Michigan Zoning Enabling Act. The Michigan Zoning Enabling Act (Public Act 110 of 2006, as amended) establishes the authority to adopt comprehensive zoning regulations and empowers the township to enact a zoning ordinance and provide for its administration, enforcement, and amendment.

(b)

Necessity. The township deems it necessary to enact said regulations for the purpose of promoting and protecting the health, safety, comfort, convenience, and general welfare of its residents.

(c)

Master plan compliance. The township has prepared and adopted a master plan designed to guide growth in a logical fashion; to provide for the establishment of districts in the township which regulate the use of land and structures; to protect and preserve its natural resources; and to ensure a well-balanced community considering its present and potential physical, economic, cultural, and environmental assets.

(d)

Purposes. The township has identified on a zoning map and prepared regulations in this zoning ordinance pertaining to such districts, in coordination with the Berlin Charter Township Master Plan for the specific purposes of:

(1)

Promoting and protecting the public health, safety and general welfare.

(2)

Providing for and protecting the character and the stability of all land uses within the unincorporated portions of the township and promoting the orderly and beneficial development of such.

(3)

Regulating the intensity of use of land and lot areas and determining the area of open spaces surrounding buildings and structures necessary to provide adequate light, air, privacy and convenience of access to property and to protect the public health.

(4)

Lessening and avoiding congestion in the public highways and streets.

(5)

Promoting adequate and efficient provisions for transportation systems, sewage disposal, water, energy, recreation, and other public service and facility requirements.

(6)

Encouraging the use of lands and natural resources in the township in accordance with their character and adaptability.

(7)

Fixing reasonable standards to which buildings and structures shall conform.

(8)

Prohibiting uses, buildings or structures which are incompatible with the character of development or the uses, buildings or structures permitted within specified zoning districts.

(9)

Protecting against fire, explosion, noxious fumes and odors, heat, dust smoke, glare, noise, vibration, radioactivity, and other nuisances and hazards in the interest of the public health, safety, and general welfare.

(10)

Preventing the overcrowding of the land and the undue concentration of buildings and structures so far as is possible and appropriate in each zoning district by regulating the use and bulk of buildings in relation to the land surrounding them.

(11)

Otherwise reduce hazards to life and property.

(12)

Providing for the completion, restoration, reconstruction, extension or substitution of non-conforming uses and structures.

(13)

Creating a zoning board of appeals and defining the powers and duties thereof.

(14)

Designating and defining the powers and duties of the official in charge of the administration and enforcement of this chapter.

(15)

Providing for the payment of fees for zoning permits.

(16)

Providing penalties for violations of this chapter.

(Ord. No. 01-20, § 18.02, 2-10-20)

(a)

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

(b)

Construction of regulations. No building or structure, or part thereof, shall be erected, constructed, reconstructed, or altered and maintained, and no new use or change of use shall be made or maintained to any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.

(Ord. No. 01-20, § 18.03, 2-10-20)

(a)

Validity. If any 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)

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

(Ord. No. 01-20, § 18.04, 2-10-20)

(a)

More restrictive. 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 condition imposed by any other provision of this chapter or by the provision of any ordinance adopted under any other law, the provision which is more restrictive or which imposes a higher standard or requirement shall govern.

(b)

Abrogate or annul. This chapter is not intended to abrogate 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. 01-20, § 18.05, 2-10-20)

The repeal of any ordinance or part of ordinances effectuated by the enactment of this chapter shall not be constituted as abandoning any action now pending under or by virtue of such ordinance or as continuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the township under such pending action. All proceeds pending when the ordinance from which this chapter derives takes effect are saved and preserved, and shall continue all according to the terms, provisions, penalties of the ordinance in effect at the time they were commenced.

(Ord. No. 01-20, § 18.06, 2-10-20)

This chapter shall become effective seven (7) days from the date of final publication.

(Ord. No. 01-20, § 18.07, 2-10-20)

All previous township zoning ordinances and amendments thereto and chapter 14, article IV, condominium developments of the Township Codified Ordinances are hereby repealed effective on February 21, 2020.

(Ord. No. 01-20, § 18.08, 2-10-20)