ORDINANCE NUMBER 2025-01

AN ORDINANCE ADOPTING AND ENACTING A NEW ZONING CODE FOR THE CITY OF FLUSHING, MICHIGAN; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

THE CITY OF FLUSHING ORDAINS:

Section 1. Short title. This ordinance shall be known as the "Zoning Code of the City of Flushing," published by Municipal Civic Plus, consisting of chapter 153, is adopted.

Section 2. Purpose and Objective.

(a)

This chapter is based upon a comprehensive plan, the purpose of which is to promote public health, safety, convenience, comfort, amenities, prosperity, and the general welfare of the community. This chapter has been formulated with the general purpose of guiding and accomplishing a coordinated and adjusted development of the municipality and its environs which will, in accordance with present and future needs, best promote efficiency and economy in the process of development, including among other things, adequate provision for traffic; safety from fire and other dangers; adequate provision for light and air, the healthful and convenient distribution of population and the regulation of the density of the population; the promotion of good civic design and arrangement; the wise and efficient expenditure of public funds; and the adequate provision of public utilities and other public requirements. It is designed to lessen the congestion on public streets; to reduce undue hazards due to flooding; to conserve property values; to facilitate adequate provisions for public transportation, streets, highways, sewers, water mains, schools, recreation areas; and other public facilities, as carefully analyzed and conceived by the master plan of the city.

(b)

The City Council does hereby recognize that the citizens of the state, through initiative, have adopted the Michigan Medical Marijuana Act, that being MCL 333.26421 et seq., and further determine that it is in the best interests of the citizens of the city, and the health, safety and welfare thereof to regulate the possession, use and/or distribution of marijuana within the corporate limits of the city, whether said possession, use and/or distribution is legal or illegal. The City Council also believes, based on California studies and others, that the congregation of caregivers of marijuana may increase crime and that the providing of caregiving is a commercial undertaking which should not take place in a residential area, and should be set apart from children, other caregivers, other recreation or public places so that the services of the caregiver remain private and confidential.

Section 3. Interpretation and Scope

In the interpretation and application of this chapter, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, or general welfare.

(a)

The provisions of this Article shall be held to be minimum requirements, adopted to promote public health, safety, comfort, convenience, and general welfare. This Article is not intended to repeal, abrogate, annul, impair, or interfere with any existing provisions of law or ordinance. Nor is it intended to overturn any previously approved permits which relate to the use of land or buildings. Nor is this Article intended to interfere with, abrogate, or annul any lawful easements, covenants, or other agreements.

(b)

No building or structure, or part thereof, shall hereafter be erected, constructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure, or land, or part thereof, except in conformity with the provisions of this chapter.

(c)

No building shall be erected, converted, enlarged, moved, reconstructed, or structurally altered, nor shall any land be used, filled, or excavated which does not comply with all the district regulations established by this chapter for whichever zoning district in which the building or land is located.

(d)

No building shall be erected, converted, moved, reconstructed, or structurally altered so as to intrude upon the area required for the front, side, and rear yards as herein established, excepted as provided for by a variance or an exception granted under the terms of this chapter; provided that no yard or open space of adjoining property shall be considered as providing a yard or open space for a lot wherever a building is to be erected except in conformity with the provisions of this chapter.

(e)

No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations as hereinafter provided, nor shall the area of any lot be reduced below the minimum requirements herein established except as provided for by a variance.

(f)

Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building and the customary accessory building on one lot except as otherwise provided, in conformity with the provisions of this chapter. There shall be only one residential dwelling unit per lot except for multiple-family developments, planned unit developments, condominiums and mobile home parks.

(g)

Reclamation, filling, sanitary and solid waste disposal, or excavation of any land, except when this excavation is in conjunction with an immediate building program and required permit, is hereby automatically prohibited from any zone.

Section 4. Severability. If any section, paragraph, clause, phrase or part of this chapter is for any reason held invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this chapter; and the application of those provisions to any persons or circumstances shall not be affected thereby.

Section 5. Repeal. All planning and zoning ordinances of a general and permanent nature enacted on or before December 9, 2024, and not included in the Code or recognized and continued in force by reference therein, are repealed.

(a)

The existing zoning regulations of the city, as amended, are hereby repealed. However, such repeal shall not abate any action now pending under or by virtue of the ordinance herein repealed. Nor shall such repeal discontinue, abate, modify, or alter any penalty accrued or to occur. Nor shall it affect the rights of any person, firm, or corporation. Nor shall such repeal waive any right of the city under any section or provision of the ordinance hereunder repealed that was existing at the time of the passage and effective date of this chapter.

Section 6. Validity. Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared to be invalid.

Section 7. Penalty. Except as otherwise provided by law and by this Code, a person convicted of a violation of this Code shall be guilty of a misdemeanor and punished by a fine not to exceed $500.00, imprisonment for a period of not more than 90 days, or both; however, unless otherwise provided by law, a person convicted of a violation of any provision of this Code that substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days shall be punished by a fine of not more than $500.00, imprisonment for a term of not more than 93 days, or both. A person convicted of a violation of this Code shall be responsible for costs.

Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 8. Vested Right. It is hereby expressly declared that nothing in this chapter shall be held or construed to give or grant to any person, firm, or corporation any vested right, license, privilege, or permit, except as expressly permitted within this chapter.

Section 9. Conflicting Regulations. Whenever any provision of this chapter imposes more stringent requirements, regulations, or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of that law or ordinance shall govern.

Section 10. Code additions or amendments. Additions or amendments to the Code when passed in such form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 11. Later ordinances. Ordinances adopted after October 30, 2016, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 12. Effective date. This Ordinance shall be effective seven (7) days after publication, as required by PA 110 of 2006, as amended.

Planning Commission: October 28, 2024
First Reading: December 9, 2024
Second Reading: January 13, 2025
Date Published: January 16, 2025