In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, prosperity and general welfare. Unless specifically provided for, it is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with the existing and unrepealed provision of law or ordinance or any rules, regulations, or permits previously adopted or issued pursuant to law relating to the use of building or land, provided, however, that where this chapter imposes a greater restriction upon the courtyards or other open spaces that are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits, the provisions of this chapter shall control.

(Ord. § 1301, 9-14-2009; Ord. § 1301, 11-9-2015)

(A)

This chapter and the various parts, sections, subsections, and clauses, thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection, section, or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the chapter shall not be affected thereby. If any part, sentence, paragraph, subsection, section, or clause is adjudged unconstitutional, or invalid as applied to a particular property, building, or structure, it is hereby provided that the application of such portion of the chapter to other property, buildings, or structures shall not be affected thereby. Whenever any condition or limitation is included in an order authorizing any conditional use permit, variance, zoning compliance permit, site plan approval, or designation of Class A nonconformance, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this chapter or the requirement of some provision thereof, and to protect the public health, safety, and welfare, and that the officer or board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.

(B)

If, after adoption of this chapter by the township board, a valid petition is filed with the township clerk placing this chapter before the voters for their approval or rejection, upon election, should this chapter be rejected, then the township would automatically revert back to the proceeding Breitung Township Zoning Ordinance, Ordinance #1-2009, adopted September 14, 2009.

(Ord. § 1302, 9-14-2009; Ord. § 1302, 11-9-2015)

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, they 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.

(Ord. § 1303, 9-14-2009; Ord. § 1303, 11-9-2015)

This chapter shall take effect following adoption by the township board and upon publication in accordance with provisions and procedures of Act 110 of the Public Acts of 2006, as amended.

(A)

Adopted: November 9, 2015.

(B)

Published: December 4, 2015.

(Ord. § 1305, 9-14-2009; Ord. § 1305, 11-9-2015)