This chapter shall be known and may be cited as the "City of Fenton Zoning Ordinance."

(Ord. No. 622, § 1.01, 6-28-04)

a.

The purpose of this chapter is to promote the public health, safety, and general welfare of the community as a wholesome, serviceable, and attractive municipality, by having regulations and restrictions that:

1.

Promote compatibility of existing and future land uses.

2.

Increase the safety and security of home life.

3.

Preserve and create a favorable quality of life for residents.

4.

Develop good citizenship.

5.

Protect and enhance property and civic values.

6.

Facilitate efficient traffic operations, minimize congestion, and accident potential.

7.

Enhance the environment for pedestrians and other non-motorized types of transportation.

8.

Restrict building in floodplain areas as a means of protecting property owners.

9.

Protect wetlands in recognition of their irreplaceable environmental value.

10.

Promote aesthetics and minimize blight.

11.

Provide for convenient vehicular parking.

12.

Provide parks, recreation, schools, religious institutions, and community facilities.

13.

Encourage a variety of quality housing.

14.

Encourage preservation of environmental features through flexible design standards.

15.

Promote clean air and water, access to sunlight, sufficient infrastructure, and public services.

16.

Assist in implementing and accomplishing the objectives of the city's adopted master plan.

17.

Provide reasonable means of protecting and safeguarding the city's economic structure.

18.

Provide each property owner with a reasonable and economic use of their land.

19.

Lessen congestion, disorder and infringement on property values, safety, and quality of life which are often aggravated due to unregulated development.

20.

Prevent overcrowding of land and undue concentration of population.

b.

In order to effectively meet this purpose, the city is divided into districts of such number, shape, and area, and of such common unity of purpose, adaptability, or use, that are deemed most suitable to provide for the best general civic use, protect the common rights and interests within each district, and the city as a whole, preserve the property owners right to use their land, and to promote quality of life and business vitality. The regulations of this chapter accomplish these purposes by controlling land uses within each district; acknowledging the unique impacts of special land uses through specific standards for their development in appropriate locations within selected districts; promoting quality by limiting the location, height, bulk, occupancy, and uses of buildings, and other structures; defining maximum residential density, specifying the percentage of a site available for a building; and requiring building and parking setbacks from property lines and public street rights-of-way.

(Ord. No. 622, § 1.02, 6-28-04)

a.

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 the higher standard or requirement shall govern.

b.

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.

c.

Except as may otherwise be provided in this chapter, every building and structure erected; every use of any lot, building, or structure; every structural alteration or relocation of an existing building or structure and every enlargement of, or addition to, an existing use, building, or structure shall be subject to all regulations of this chapter which are applicable in the zoning district in which such use, building, or structure is located.

d.

No setback area or lot existing at the time of adoption of this chapter shall be reduced in dimensions or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established herein.

e.

The regulations herein established shall be considered the minimum regulations for promoting and protecting the public health, safety, and welfare.

(Ord. No. 622, § 1.03, 6-28-04; Ord. No. 643, § 2, 1-14-08)

a.

Site plans submitted prior to effective date.

1.

Construction begun. Nothing in this chapter shall be deemed to require any change in the plans, construction, or designated use of any building upon which actual construction was begun prior to the enactment of this chapter, provided construction has lawfully begun, is being diligently carried on, and shall be completed within one year of the effective date of this chapter. The zoning board of appeals (ZBA) may permit an extension of up to one year for completion.

2.

Application submitted. An application shall meet the requirements of the chapter effective on the date of submission. An application submitted before the effective date of this chapter must be approved by the planning commission by the date that the chapter takes effect or the requirements of this chapter shall be followed.

3.

Application approved. If an application has been approved within 12 months of the effective date of this chapter, it shall remain valid if construction is begun within one year and completed within two years of the effective date of this chapter.

b.

[Building permit.] For projects not subject to site plan approval, a building permit must be issued prior to the effective date of this chapter; otherwise the requirements of this chapter take effect.

c.

[Zoning chapter to govern.] If the conditions of this section are not met, the standards and provisions of this zoning chapter shall govern.

d.

[Amendment of chapter.] 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. No. 622, § 1.04, 6-28-04; Ord. No. 643, § 2, 1-14-08)

This chapter is enacted in accordance with the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended.

(Ord. No. 622, § 1.05, 6-28-04; Ord. No. 643, § 2, 1-14-08)

This chapter shall become effective ten days from the date of publication of notice of adoption.

(Ord. No. 622, § 1.06, 6-28-04)

Ordinance No.510, adopted July 9, 1990, and all amendments thereto, and any prior zoning ordinances of the city are hereby repealed effective coincident with the effective date of this chapter. The repeal of such ordinances shall not have the effect of releasing or relinquishing any penalty, forfeiture, or liability incurred under such ordinance, or any part thereof, and such ordinance shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action for the enforcement of such penalty, forfeiture, or liability.

Adopted: June 28, 2004

Published: July 18, 2004

Effective: July 28, 2004