1.1.1.

Title. This ordinance shall be known as the Zoning Ordinance of the City of St. Joseph or the City of St. Joseph Zoning Ordinance. All article, section and other topical headings are for reference only.

1.1.2.

Legal Basis. This ordinance is adopted pursuant to the authority and requirements of the City-Village Zoning Act, Public Act 207 of 1921, as amended.

1.1.3.

History. The original Zoning Ordinance of the City of St. Joseph was adopted October 10, 1927. It was first codified April 24, 1947. It was substantially revised and updated by amendments on February 25, 1957, December 7, 1964, October 17, 1977, and July 6, 1987.

1.2.1.

General Purposes. The districts and other provisions of this ordinance are based upon the future land use map and policies of the City of St. Joseph Comprehensive Plan. This plan and this zoning ordinance are designed to: 1) promote the public health, safety, and general welfare; 2) to provide adequate light and air, and protect air and water quality; 3) to encourage the use of lands in accordance with their character and adaptability; 4) to limit the improper use of land; 5) to conserve natural resources and energy; 6) to meet the needs of the state's residents for food, fiber and other natural resources, places of residence, recreation, industry, trade, service and other uses of land; 7) to ensure that uses of land are situated in appropriate locations and relationships; 8) to avoid population overcrowding; 9) to lessen congestion on public streets and highways; 10) to reduce hazards to life and property due to fire, flooding, erosion, pollution, or excessive dust, fumes, smoke, noise, vibration, noxious odors or other hazards; 11) to prevent the overburdening of public services and utilities; 12) to facilitate the provision of adequate systems of transportation, sewage disposal, solid waste disposal, drainage, public water supply, education, recreation and other public requirements; 13) to conserve the expenditure of funds for public improvements and services; 14) provide advantageous uses of land, resources and properties; 15) to conserve land, community character and property values; and 16) to prevent nuisances.

1.2.2.

Other Purposes. It is not the intent of this ordinance to legitimize activities which are prohibited by local ordinance, state or federal law. If any portion of this ordinance is found to be invalid or unconstitutional by a court of competent jurisdiction, the city intends that portion to be disregarded, reduced and/or revised so as to be consistent with the purposes of this ordinance to the fullest extent allowed by law.

1.3.1.

Introduction. In interpreting and applying the provisions of this ordinance, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

A.

Authority for Interpretation. the zoning administrator is responsible for interpreting the text of this ordinance in accordance with the standards set forth in this section and applicable ordinance standards and requirements, and applicable state law. Interpretations made by the zoning administrator may be appealed to the zoning board of appeals.

B.

Meaning and Intent. All provisions, terms, phrases, and expressions contained in this ordinance shall be construed according to this ordinance's stated purpose and intent, and applicable state law.

C.

Text Controls. In case of any difference of meaning or implication between the text of this ordinance and any heading, drawing, table, or figure, the text shall control.

D.

Statutory References. All references to state law in this ordinance refer to the Michigan Compiled Laws (MCL), as amended.

E.

Computation of Time. In computing a period of time prescribed or allowed by this ordinance, the following rules apply:

1.

The day of the act or event after which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday, or holiday on which city hall is closed for business under the city personnel policy; in that event, the period runs until the end of the next day that is not a Saturday, Sunday, or holiday on which city hall is closed for business.

2.

If a period is measured by a period of weeks, the last day of the period is the same day of the week as the day on which the period begins.

3.

If a period is measured by months or years, the last day of the period is the same day of the month as the day on which the period began. If what would otherwise be the final month does not include that day, the last day of the period is the last day of that month. For example, "2 months" after January 31 is March 31, and "3 months" after January 31 is April 30.

F.

Delegation of Authority. Whenever a provision requires the head of a department or another officer or employee of the city to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.

1.3.2.

Relationship to other regulations and restrictions.

A.

This ordinance is not intended to interfere with or abrogate or annul any ordinance, rule, regulation, or permit 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 land, buildings, structures or premises, and not in conflict with this ordinance.

B.

This ordinance is not intended to interfere with or abrogate or annul any easements, covenants, deeds or other agreements between parties, provided however, that where this ordinance imposes a more stringent restriction upon the use of land, buildings, structures or other premises, or upon height of buildings, or requires larger open spaces, or larger lots, or requires mitigating measures or other limitations on a property different from those imposed or required by an easement, covenant, deed or other agreement, then the provisions of this ordinance shall control in addition to all nonconflicting requirements of an easement, covenant, deed or other agreement.

C.

In the interpretation, application and enforcement of this ordinance, whenever any of the provisions or limitations imposed are more stringent than any other law, rule, regulation or ordinance, then the provisions of this ordinance shall govern. However, if the requirements of any other law, rule, regulation or ordinance impose more stringent requirements than are imposed by this ordinance, then the provisions of such other law or ordinance shall govern. Regardless of any other provision of this ordinance, no land shall be used and no structure erected or maintained in violation of any state or federal law or regulation.

D.

In the event that the combined effect of the requirements of this ordinance and any other law, rule, regulation or ordinance so severely limit the use of property subject to this ordinance that no economically viable use of the property remains and a claim of taking under the Fifth Amendment to the U.S. Constitution could be made, then prior to seeking any redress in a court of law, the property owner shall file a petition with the city commission for a hardship planned unit development under Article XIII of this ordinance.

1.3.3.

Definitions. Many words, terms and phrases within this ordinance have a meaning that may be different from their everyday use. Article II presents definitions of words, terms, and phrases used within this ordinance. Section 2.2 presents rules for the interpretation of words and phrases in the ordinance. Section 4.6.1 presents definitions of use classes and lists examples of authorized uses. Some sections have their own set of definitions which apply only in that section.