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St Clair City Zoning Code

ARTICLE 1

- TITLE, PURPOSE, CONSTRUCTION, RULES APPLYING TO TEXT AND ENABLING AUTHORITY

Section 1.1.- Title.

This Ordinance shall be known and cited as the Zoning Ordinance of the City of St. Clair, Michigan.

Section 1.2. - Purpose.

The purpose of this Ordinance is to regulate the development and use of land; to provide for the adoption of zoning ordinances; to prescribe the powers and duties of certain City officials; to provide for the assessment and collection of fees; and to prescribe penalties and provide remedies pursuant to the authority set forth in Section 1.6.

It seeks to promote the public health, safety, and general welfare of the City; protecting the character and stability of neighborhoods; to encourage the use of lands in accordance with their character, relationships, and adaptability; and to limit the improper use of land; to avoid the overcrowding of population; to provide adequate light and air; to lessen congestion on the public roads and streets; to reduce hazards to life and property; to facilitate adequate provision of water supply and sewage disposal, education, recreation, and other public improvements; and to conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources, and properties, and with reasonable consideration to the character of each district, its peculiar suitability for particular uses, the conservation of natural resources, and the general and appropriate trend and character of land, building, and population development, as studied and recommended within the Master Plan adopted by the City's Planning Commission and endorsed by the City Council.

The zoning districts and regulations established herein have been constructed in accordance with a general plan for the physical development of the City and its surrounding land area. The City's Master Plan provides thoroughly considered objectives for the sound and orderly development of the City.

(Ord. No. 2023-01, § 1, 7-17-23)

Section 1.3. - Construction.

This Ordinance shall be liberally construed in such manner as to best effectuate its purpose. In interpreting and applying its provisions, this Ordinance's requirements shall establish a minimum basis for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare and shall resolve any conflicts with private restrictions placed on property. Where any condition imposed by any provision of this Ordinance 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 Ordinance, or by the provision of an ordinance adopted under any other law, the provision which is more restrictive or which imposes a higher standard or requirement shall govern.

(Ord. No. 2023-01, § 1, 7-17-23)

Section 1.4. - Rules applying to text.

The following rules shall apply to the text and language of this Ordinance:

1.4.1.

The particular shall control the general.

1.4.2.

In case of any difference of meaning or implication between the text of this Ordinance and any caption, the text shall control.

1.4.3.

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

1.4.4.

Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.

1.4.5.

The word "building" includes the word "structure."

1.4.6.

The word "building" or "structure" includes any part thereof.

1.4.7.

The word "person" includes a corporation as well as an individual.

1.4.8.

The word "used" or "occupied", as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."

1.4.9.

Any word or term not defined herein shall be used with a meaning of common or standard utilization.

Section 1.5. - Validity and severability clause.

If any 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.

If any 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.

Section 1.6. - Enabling authority.

This Ordinance is adopted pursuant to the authority granted by the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.

(Ord. No. 2023-01, § 1, 7-17-23)