In interpreting and applying provisions of this chapter, they shall be held to 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, or annul or in any way to 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 use of buildings or structures or required by such existing provisions of law or ordinance or by such rules, regulations or permits, the provisions of this chapter shall control.

Sections of this chapter shall be deemed to be severable, and should any section, paragraph, or provision thereof be declared by the courts to be unconstitutional or invalid, such holdings shall not affect the validity of this chapter as a whole or any other part thereof, other than the part so declared to be unconstitutional or invalid. If any court 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 parcel, lot use, building, or structure not specifically included in said ruling.

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; 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.

All ordinances and amendments thereto enacted and/or adopted by the City by virtue of Public Act 110 of 2006, as amended, and all ordinances and parts of ordinances inconsistent with the provisions of this chapter are hereby repealed as of the effective date of this chapter. The repeal of existing ordinances or parts of ordinances and their amendments does not affect or impair any act done, offence committed or right accrued or acquired, or liability, penalty forfeiture or punishment incurred prior to the time it was enforced, prosecuted, or inflicted.

Nuisance per se.

Municipal civil infractions.

Remedies. The City Commission may institute an injunction, mandamus, abatement, or other appropriate proceedings to prevent, enjoin, abate, or remove any violations of this chapter. The rights and remedies provided herein are civil in nature. The imposition of any fine shall not exempt the violator from compliance with the provisions of this chapter.

No officer, agent, employee, or member of the Planning Commission, City Commission, or Board of Zoning Appeals shall be held personally liable for any damage that may accrue to any person as a result of any act, decision, or other consequence or occurrence arising out of the discharge of their duties and responsibilities pursuant to this chapter.

This chapter was approved and adopted by the City Commission of the City of Fennville, Allegan County, Michigan, on the 15th of April, 2024, after a public hearing as required pursuant to Michigan Act of 207 of 1921, as amended,[1] and after introduction and first reading on the 1st of April, 2024, as required by the City Charter.