This ordinance shall be known as the "City of Swartz Creek Zoning Ordinance" and may hereinafter be referred to as "this ordinance."

This ordinance is based on the City of Swartz Creek Master Plan adopted by the city in 2004, design standards, amendments to those plans and similar plans adopted by the planning commission addressing future development patterns and development goals. This ordinance is intended to implement the master plan through regulations on use of land, buildings and structures to promote the public health, safety and general welfare and to accomplish the objectives listed below.

A.

Establish zoning districts and uniform regulations applicable to each district governing the use of the land, and dimensions for building and site development with such minimum regulations as are deemed necessary to carry out the provisions of this ordinance.

B.

Accommodate and promote land uses which are compatible with the city's character and conserve the property values and long-term stability of residential neighborhoods, commercial districts, industrial areas and special districts.

C.

Encourage use of the land and natural resources in accordance with their character and capability, thus preserving the sensitive and important environmental features in the city, such as wetlands, lakes, prime farmland, Centennial Farms, topography, open space, mature vegetation and wildlife habitat. This ordinance acknowledges the importance of these features on the long-term economic climate of all uses in the city and the overall quality of life for city residents.

D.

Limit or prohibit improper use of land.

E.

Reduce hazards to life and property, particularly for development in the 100-year floodplain.

F.

Promote safe conditions for motorists, pedestrians and bicyclists through maintenance of an acceptable level of service along streets and at driveways within the city. This includes assurance that property owners have reasonable, though not always direct, access to property.

G.

Facilitate adequate and cost effective infrastructure systems, and protect the substantial public investment in those systems, including: transportation, sewage disposal, safe and adequate water supply, education and recreational facilities.

H.

Establish controls over potential land use conflicts and uses which may need special regulation as special land uses to be compatible with surrounding development patterns and zoning.

I.

Promote the gradual elimination of uses, buildings and structures which do not conform with the regulations and standards of this ordinance.

J.

Provide for administration of this ordinance, including resolution of any conflicts with other ordinances, collection of fees, procedures for petitions, hearings and appeals; and to provide for any other matters authorized under the Michigan Zoning Enabling Act (Public Act 110 of 2006).

K.

Balance the city's right to compatible and quality development with the property owners' right to a reasonable rate of return on investment.

A.

Site plans submitted prior to effective date.

1.

Construction begun: Nothing in this ordinance shall be deemed to require any change in the plans, construction, or designated use of any building upon which actual construction was begun prior to the enactment of this ordinance, provided construction has lawfully begun, is being diligently carried on, and shall be completed within one year of the effective date of this ordinance. The zoning board of appeals may permit an extension of up to one year for completion.

2.

Application submitted: An application shall meet the requirements of this ordinance effective on the date of submission. An application submitted before the effective date of this ordinance must be approved by the planning commission by the date that the ordinance takes effect or the requirements of this ordinance shall be followed.

3.

Application approved: If an application has been approved within 12 months of the effective date of this ordinance, it shall remain valid if construction is begun within one year and completed within two years of the effective date of this ordinance.

B.

For projects not subject to site plan approval, a building permit must be issued prior to the effective date of this ordinance; otherwise the requirements of this ordinance take effect.

C.

If the conditions of this section are not met, the standards and provisions of this ordinance shall govern.

D.

Nothing in this ordinance should 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, they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety, and welfare.

A.

Where any provision of this ordinance imposes either greater or lesser restrictions, limitations, conditions, standards, or requirements upon: (1) the use of buildings, structures, or land; (2) the height of buildings or structures; (3) lot coverage; (4) lot areas; (5) yards or other open spaces; or (6) any other use or utilization of land than are imposed or required by such existing laws, ordinances, regulations, private restrictions, or restrictive covenants, the provision or standard which is more restrictive or limiting shall govern.

B.

If there is a conflict between any provision of this ordinance and a provision of the Michigan Zoning Enabling Act (Public Act 110 of 2006, as amended), the provision of the Michigan Zoning Enabling Act shall take precedence over the conflicting provision in this ordinance.

C.

Except as otherwise provided 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 or structure occurring after the effective date of this ordinance shall be subject to all regulations of this ordinance which are applicable in the Zoning District in which the use, building, or structure is located.

D.

No setback area or lot existing at the time of adoption of this ordinance shall be reduced in dimensions or area below the minimum requirements set forth herein in this ordinance. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established herein in this ordinance.

E.

This ordinance shall not abrogate or annul any easement, bylaw, master deed, deed restriction, covenant, or private agreement, except that the regulations or provisions of this ordinance shall govern if it imposes a more restrictive or higher standard.

F.

The regulations herein established shall be the minimum regulations for promoting and protecting the public health, safety, and general welfare. Any conflicting laws of a more restrictive nature shall supersede the appropriate provisions of this ordinance.

(Ord. No. 401, § 1, 5-11-09, eff. 6-15-09)

This ordinance and the various components, articles, sections, subsections, sentences, and phrases thereof are hereby declared to be severable. If any court of competent jurisdiction shall declare any part of this ordinance to be unconstitutional or invalid, such ruling shall not affect any other provisions of this ordinance not specifically included in said ruling. Further, if any court of competent jurisdiction shall declare unconstitutional or invalid the application of any provision of this ordinance to a particular parcel, lot, use, building, or structure, such ruling shall not affect the application of said provision to any other parcel, lot, use, building, or structure not specifically included in said ruling.

This ordinance shall not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws, ordinances or regulations, except those repealed herein by specific reference, or with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the city is a party.

The Zoning Ordinance adopted by the City Council of the City of Swartz Creek on the 12th day of January, 1998, and all amendments thereto, are hereby repealed insofar as they conflict with this ordinance. The repeal of the above ordinance and their amendments does not affect or impair any act done, offense committed or right accruing, accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time enforced, prosecuted or inflicted.

Public hearing having been held hereon, the provisions of this ordinance are hereby effective, pursuant to the provisions of the Michigan Zoning Enabling Act (Public Act 110 of 2006). Made and passed by the City Council of the City of Swartz Creek, Genesee County, Michigan, on this 14th day of August, A.D., 2006.

A.

Date of public hearings:

a)

Planning commission: Tuesday, July 25, 2006.

b)

City council: Monday, August 14, 2006.

B.

Date of publications:

a)

Planning commission: Sunday, July 7, 2006 Swartz Creek News.

b)

City council: Sunday, July 30, 2006 Swartz Creek News.

c)

General adoption publication: Sunday, August 27, 2006.

C.

Date of adoption by city council: Monday, August 14, 2006.

D.

Date ordinance shall take effect: Wednesday, September 27, 2006.