This ordinance shall be known and may be cited as:

"The Charter Township of Emmett Zoning Ordinance."

As of the effective date of this ordinance, the former Charter Township of Emmett Zoning Ordinance, enacted February 12, 1976, including amendments and additions thereto, is hereby repealed. The repeal of said ordinance shall not have the effect to release or relinquish any penalty, forfeiture, right or liability incurred under said ordinance or any part thereof, and such ordinance and all parts thereof shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action already started or prosecution for the enforcement of such penalty, forfeiture, right or liability.

The provisions of this ordinance have been designed in order to generally implement the Master Plan of Emmett Township adopted by the township planning commission in September of 1994, as amended. The ordinance and the plan shall seek to: promote the public health, safety, morals and general welfare, encourage the use of lands in accordance with their character and adaptability, limit the improper use of land, avoid the overcrowding of population, provide adequate light and air, lessen congestion on the public roads and streets, reduce hazards to life and property, facilitate adequate provision for a system of transportation, sewage disposal, safe and adequate water supply, education, recreation and other public requirements, and conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and properties. Reasonable consideration has been given to, among other things, the character of each district, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building and population development.

If any court of competent jurisdiction shall declare any part of this ordinance to be invalid, such ruling shall not affect any other provisions of this ordinance not specifically included in said ruling. If any court of competent jurisdiction shall declare invalid the application of any provision of this ordinance to a particular land, parcel, lot, district, 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.

a.

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

b.

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

This ordinance shall remain in full force and effect henceforth unless repealed.

The following rules of construction apply to the text of this ordinance:

a.

The particular shall control the general.

b.

In the case of any difference of meaning or implication between the text of this ordinance and any caption or illustration, the text shall control.

c.

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

d.

Words used in the present tense shall include the future; and the words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

e.

A "building" or "structure" includes any part thereof.

f.

The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for, " or "occupied for."

g.

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

h.

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or," "either...or," the conjunction shall be interpreted as follows:

1.

"And" indicates that all the connected items, conditions, provisions, or events shall apply.

2.

"Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

3.

"Either...or" indicates that the connected items, conditions, or provisions or events shall apply singly but not in combination.

i.

Terms not herein defined shall have the meaning customarily assigned to them.

This ordinance will become effective upon the expiration of seven days after publication of a summary of the regulatory effect of the ordinance in the Battle Creek Enquirer, a newspaper having general circulation in the Charter Township of Emmett.