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East Tawas City Zoning Code

ARTICLE 44

I IN GENERAL

Sec 44-1 Title

This chapter shall be known and cited as the "City of East Tawas Zoning Ordinance."

(Code 1992, § 24-1; Ord. No. 304, § 101, 6-2-2003)

Sec 44-2 Purpose

  1. 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 ensure that uses of land shall be situated in appropriate locations and relationships; 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 services and facility needs; and to promote public health, safety, and welfare.
  2. The city is divided into districts which include regulations designating land uses or activities that shall be permitted or subjected to special regulations.
  3. 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.

(Code 1992, § 24-2; Ord. No. 304, § 102, 6-2-2003)

Sec 44-3 State Legislation Enabling Authority

This chapter is adopted pursuant to Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and, when so far as it is applicable, Public Act No. 33 of 2008 (MCL 125.3801 et seq.). Said Public Acts covering Municipal Planning (Act 33) and Zoning (Act 110) are hereby made a part of this chapter as if contained verbatim in their complete textual forms, as amended.

(Code 1992, § 24-3; Ord. No. 304, § 103, 6-2-2003; Ord. No. 315, 7-24-2007)

Sec 44-4 Scope And Construction Of Regulations

  1. This chapter shall be liberally construed in such a 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.
  2. No building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed or altered, and no new use or change shall be made to any building, structure or land, or part thereof, except as permitted by the provisions of this chapter.
  3. 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.
  4. 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.

(Code 1992, § 24-4; Ord. No. 304, § 104, 6-2-2003)

Sec 44-5 Validity And Severability Clause

  1. 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.
  2. 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.

(Code 1992, § 24-5; Ord. No. 304, § 105, 6-2-2003)

Sec 44-6 Conflict With Other Laws, Regulations, And Agreements

  1. 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 chapter 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.
  2. 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.

(Code 1992, § 24-6; Ord. No. 304, § 106, 6-2-2003)

Sec 44-7 Relationship To Adopted Master Plan

The zoning map and/or text, the plans and specifications for the future development and 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 chapter map and text in the future.

(Code 1992, § 24-7; Ord. No. 304, § 107, 6-2-2003)

Sec 44-8 Vested Right

It is hereby expressly declared that nothing in this chapter be held or construed to give or grant to any person, firm, or corporation any vested right, license, privilege or permit.

(Code 1992, § 24-8; Ord. No. 304, § 108, 6-2-2003)

Sec 44-9 Repealer

All city zoning ordinances or provisions thereof in existence prior to June 2, 2003, being the date of adoption of aforesaid Ordinance No. 304, are hereby repealed; provided, however, that if said Ordinance No. 304 shall subsequently be determined by a court of proper jurisdiction to be unlawfully adopted or otherwise null and void, then such zoning ordinance and amendments thereto in effect prior to June 2, 2003, shall be deemed automatically reinstated and in full force and effect.

(Code 1992, § 24-9; Ord. No. 307, § 109, 7-7-2003)