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Sterling Heights City Zoning Code

ARTICLE 1

SHORT TITLE AND INTERPRETATION

SECTION 1.00. SHORT TITLE.

   This ordinance shall be known and may be cited as the City of Sterling Heights Zoning Ordinance and may be referred to herein as "this ordinance."

SECTION 1.01. INTENT.

   The purpose of this ordinance is to promote the public health, safety and general welfare; to encourage the use of lands in accordance with their character and adaptability; to limit the improper use of land; to conserve natural resources and energy, to meet the needs of the state’s residents for food, fiber, and other natural resources and energy, places of residence, recreation, industry, trade, service, and other uses of land; to insure that uses of the land shall be situated in appropriate locations and relationships; to limit the inappropriate overcrowding and congestion 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 for a system of transportation, sewage disposal, safe and adequate water supply, education, recreation, and other public requirements; and to conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources, and properties, with reasonable consideration among other things, to the character of each district, its peculiar suitability for particular uses, the general and appropriate trend and character of land, building and population development, as studied and recommended within the Master Land Use Plan adopted by the Sterling Heights Planning Commission.
(Ord. No. 278-NN, § 2, 1-6-09)

SECTION 1.02. INTERPRETATION 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, comforts, prosperity and general welfare. It is not intended by this ordinance to interfere with or abrogate or annual 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 and 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 heights of buildings or required larger open spaces or larger lot areas than are imposed or required by such other ordinance 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 Sterling Heights Planning Commission or City Council where such higher or more restrictive conditions meet the following state requirements and are found necessary after review by the Council or Planning Commission to attain the intent of this ordinance. For the purpose of this ordinance, all conditional uses or uses permitted after special approval shall be special approval land uses as authorized in Public Act 110 of 2006, as amended.
   Reasonable conditions may be required with the approval of a special approval land use, planned unit development or other land uses or permitted activities necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:
   A.   Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity and the community as a whole;
   B.   Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity;
   C.   Be necessary to meet the intent and purpose of this ordinance; be related to the standards established in this ordinance for the land use or activity under consideration; and be necessary to insure compliance with such standards.
   The conditions imposed with respect to the approval of a land use or activity shall be recorded in the minutes of the approval action. The City Clerk shall maintain a record of conditions and any amendments thereto.
(Ord. No. 278-EE, § 7, 10-5-04; Ord. No. 278-NN, §§ 3-4, 1-6-09)

SECTION 1.03. VESTED RIGHT.

   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 1.04. CONFLICTING REGULATIONS.

   Whenever any provisions of this ordinance impose more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this ordinance shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this ordinance, then the provisions of such law or ordinance shall apply.