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Huntington Woods City Zoning Code

ARTICLE 1

Title, Purpose and Legal Clauses

Section 1.01 - Title

This Ordinance shall be known and may be cited as the "City of Huntington Woods Zoning Ordinance," or the "Zoning Ordinance."

(Ord. No. 600, § 1, 1-8-2018)

Section 40-1.02 - Preamble

In accordance with the authority and intent of Public Act 110 of 2006, as amended (MCL 125.3101 et seq.), the city desires to promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the City of Huntington Woods; by protecting and conserving the character and the social and economic stability of the residential, commercial and other use areas; by securing the most appropriate use of land; by preventing overcrowding of land and undue congestion of population; by providing adequate light, air and reasonable access; by facilitating adequate and economical provision of transportation, water, sewers, schools, recreation and other public needs, and by other means - all in accordance with an adopted Master Plan.

(Ord. No. 600, § 1, 1-8-2018)

Section 40-1.03 - Purpose

The purpose of this Ordinance is to implement the development strategies described in the Master Plan, and other development policies adopted by the City Commission. The Master Plan was formulated with the general purpose of guiding and accomplishing a coordinated and adjusted development and redevelopment of the city, which will, in accordance with present and future needs, best promote efficiency and economy in the process of development. The Zoning Ordinance will provide for the adequate distribution of traffic, safety from fire and other dangers, adequate provision for light and air, the healthful and balanced distribution of housing and population, the regulation of the density of population, the promotion of good development design and arrangement, the wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements. The Zoning Ordinance is further designed to lessen congestion on public streets 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 said Master Plan and development policies.

Section 40-1.04 - Validity and Severability

A.

If a 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.

B.

If a 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 parcel, lot, district, use, building, or structure not specifically included in said ruling.

(Ord. No. 600, § 1, 1-8-2018)

Section 40-1.05 - Scope and Construction of Regulations

A.

This Ordinance shall be liberally construed in such a manner as to best effectuate its purpose. In the interpretation and application of this Ordinance, these provisions are the minimum requirements adopted for the promotion of public health, safety, convenience, comfort, prosperity, and general welfare. Wherever any provision of this Ordinance imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by any other law, rule, regulation or permit, then the provisions of this Ordinance shall control. Whenever any provision of this Ordinance imposes less stringent requirements, regulations, restrictions or limitations than are imposed or required by any other law, rule, regulation or permit, then the provisions of the other law, rule, regulation or permit shall control.

B.

No building or structure, or part thereof, shall be used, erected, constructed, reconstructed or altered and maintained, and no new use or change in use shall be made or maintained of any building, structure or land, or part thereof, except as permitted by and in conformity with the provisions of this Ordinance.

(Ord. No. 600, § 1, 1-8-2018)

Section 40-1.06 - Conflict with Other Laws

A.

Except as otherwise provided under the Michigan Zoning Enabling Act (PA 110 of 2006, as amended, MCL 125.3101 et seq.) this Ordinance shall be controlling in the case of any inconsistencies between this Ordinance and an Ordinance adopted under any other law.

B.

This Ordinance is not intended to prevent compliance with any Federal, State, or local law, ordinance, or regulation, provided that where this Ordinance is more restrictive or imposes a higher standard, the provisions of this Ordinance shall prevail.

C.

This Ordinance is not intended to abrogate or annul any easement, covenant or other private agreement. However, 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.

D.

Nothing within this Ordinance 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.

(Ord. No. 600, § 1, 1-8-2018)

Section 40-1.07 - Repeal of Ordinance

The City of Huntington Woods Zoning Ordinance, and all amendments thereto, and all prior zoning ordinances of the City of Huntington Woods, are hereby repealed effective coincident with the effective date of this Ordinance.

(Ord. No. 600, § 1, 1-8-2018)