New Buffalo City Zoning Code
ARTICLE 1
General Provisions
Section Z1-01 Title.
A.
This Ordinance shall be known and may be cited as the "City of New Buffalo Zoning Ordinance," or "Ordinance."
Section Z1-02 Purpose, interpretation, jurisdiction.
A.
Pursuant to the authority granted to the City of New Buffalo by the Public Acts of the State of Michigan, this Ordinance is established to:
1.
Promote and protect the public health, safety, and general welfare;
2.
Protect the character, stability, and beneficial development of the open space, residential, and non-residential areas;
3.
Provide adequate light, air privacy and convenience of access to property;
4.
Regulate the intensity of land use and lot areas to ensure open spaces surrounding buildings and structures provide adequate light and air and protect the public health;
5.
Lessen and avoid congestion on the public highways and streets;
6.
Promote healthful surroundings for family life in residential areas;
7.
Protect the public and adjacent uses from fire, explosion, noxious fumes or odors, excessive heat, dust, smoke, glare, noise, vibration, and other health and safety hazards;
8.
Prevent the overcrowding of buildings and structures by regulating the use and bulk of buildings in relation to the land surrounding them;
9.
Enhance the social and economic stability of the City;
10.
Enhance the aesthetic desirability of the environment throughout the City; and
11.
Conserve the expenditure of funds for public improvements and services.
Section Z1-03 Scope of provisions.
A.
Interpretation and application. In its interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, or general welfare.
B.
Vested rights. Except as otherwise noted, nothing in this Ordinance shall 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 all rights are hereby declared to be subject to such subsequent amendment, change or modification hereof as may be necessary to the preservation or protection of public health, safety, and welfare.
C.
Zoning rights vested with property, not owner. The right to continue a land use or activity or construct a building or structure which is either permitted by this Ordinance or established as a legal nonconformity shall be vested with the property rather than the owner. No rights shall be terminated for reasons of transfer of ownership. The right to continue a land use or activity shall transfer automatically upon the conveyance of the property.
D.
Applicability of zoning ordinance regulations. Except as otherwise provided for in this Ordinance, every building and structure erected, every use of any lot, building, or structure established, every structural alteration or relocation of an existing building or structure, and every enlargement of, or addition to, an existing use, building and structure occurring after the effective date of this Ordinance shall be subject to this Ordinance.
Section Z1-04 Severability and conflicting regulations.
A.
Severability. If any part, division, section, provision, or portion of this Ordinance is adjudged unconstitutional, or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not thereby be affected but shall remain in full force and effect. If an application of this Ordinance to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgement shall not be applicable to any other structure, land, or water not specifically included in said judgement.
B.
Conflicting regulations. Whenever there is conflict between this Ordinance and other ordinances or regulations or between two or more regulations of this Ordinance, the stricter standard shall apply.