Zoneomics Logo
search icon

Shelby City Zoning Code

ARTICLE 2

APPLICATION AND INTERPRETATION

Section 2.00.- Application.

No building or structure, or part thereof, shall hereinafter be moved into the township, erected, constructed, reconstructed or altered and maintained, and no new use or change in use shall be made or maintained of any structure or land, or part thereof, except in conformity with the provisions of this ordinance.

Section 2.01. - Interpretation, application and conflict.

In interpreting and applying the provisions of this ordinance, these regulations shall be held to be the minimum requirements necessary for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any ordinances, rules, regulations or permits previously adopted or issued and not in conflict with any of the provisions of this ordinance, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and, likewise, not in conflict with this ordinance. Nor is it intended to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such other ordinances or agreements, the provisions of this ordinance shall control.

The provisions of this ordinance shall be considered as minimum standards and requirements within each respective zoning district, and shall not preclude the establishment of higher or more restrictive standards or requirements for the authorization of any special approval land use permit by the Shelby Township Planning Commission or Township Board where such higher or more restrictive conditions meet the state requirements and are found necessary after review by the township board or planning commission to attain the intent of this ordinance.

Section 2.02. - Vested right (structures under construction).

Any structure for which a building permit has been issued and construction begun, or for which a contract or contracts have been entered into pursuant to a building permit issued prior to the effective date of this ordinance, may be completed and used in accordance with the plans and applications upon which said building permit was granted. Any such permit for a use which would be nonconforming under this ordinance, or any amendment hereto, shall not be renewed in the event construction pursuant to such permit is not commenced within one year from the date of issuance of the permit. Except as provided in this section, it is hereby expressly declared that nothing in this ordinance be held or construed to give or grant to any person, firm or corporation any vested right, license, privilege or permit.

Section 2.03. - Savings clause.

Any applicant which has filed an application for approval of a site plan, special land use or subdivision plat and, at the time of adoption of this ordinance, the site plan or special land use has been approved by the planning commission or the subdivision plat has been granted tentative preliminary plat approval, shall have a right to process the application under the zoning in effect at the time the application was filed. Any approval or permit for a use which would be nonconforming under this ordinance or any amendment hereto shall not be renewed in the event construction pursuant to such approval and permit is not commenced within one year from the date of approval.