ORDINANCE NO. 03-09

TOBACCO TOWNSHIP ZONING ORDINANCE

 

 

An Ordinance to regulate and restrict the location and use of buildings, structures, and land for trade, industry, residence and for other specified uses; to regulate and limit the height and bulk of buildings and other structures; to regulate and to determine the size of yards, courts, and open spaces; to regulate and limit the density of population; and for said purposes to divide the township into districts and to establish the boundaries thereof; provide for changes to the regulations, restrictions and boundaries of such districts; define terms used herein; provide for enforcement of said ordinance, and to establish a Zoning Board of Appeals; and to impose penalties for the violation of said ordinance.

 

 

TOBACCO TOWNSHIP, GLADWIN COUNTY, MICHIGAN HEREBY ORDAINS;

 

                                                                      Chapter 1

 

General Provisions

 

 

SECTION 101.  SHORT TITLE.

 

This Ordinance shall be known as the Tobacco Township Zoning Ordinance.

 

SECTION 101A.  LEGAL BASIS

 

This ordinance is enacted pursuant to Public Act 184 of 1943, as amended, (being the Township Zoning Act, MCL 125.271 et seq). The continued administration of this ordinance, amendments to this ordinance, and all other matters concerning operation of this ordinance shall be done pursuant to Public Act 110 of 2006, as amended, (being the Michigan Zoning Enabling Act (MCL 125.3101 et seq), effective July 1, 2006.

 

                Historical Note:  added by Ord 08-01,  eff Feb 25,  2008

 

SECTION 102.  PURPOSE AND OBJECTIVES.

 

It is the general purpose of this Ordinance to promote the public safety, health, morals, convenience, and general welfare. To accomplish this purpose, the Ordinance will address the following objectives.

 

(1)        Guide the use and development of land, buildings and natural resources according to their suitability for particular activities.

 

(2)        Protect the community's quality of life and enhance the social and economic stability of the Township.

 

(3)        Reduce congestion on public streets and highways and facilitate safe and convenient access to buildings and land uses.

 

(4)        Guide efforts to provide public services, such as, waste disposal, transportation, education, recreation and public safety.

 

(5)        Establish standards to guide physical development of each Zoning District and of the Township as a whole, and provide for enforcement of these standards.

 

(6)        Educate citizens and public officials about their shared responsibilities for wise use of community resources.

 

(7)        Strive to balance one property owners right to the peaceful use and enjoyment of his or her parcel with the rights of neighboring property owners to the peaceful use and enjoyment of theirs.

 

SECTION 103.   INTERPRETATION.

 

The provisions of this Ordinance shall be held to be minimum requirements, adopted to promote public health, safety, comfort, convenience and general welfare. This Ordinance is not intended to repeal, abrogate, annul, impair or interfere with any existing provisions of law or ordinance.  Nor is it intended to overturn any previously approved or adopted rules, regulations or permits which relate to the use of land or buildings.  Nor is this Ordinance intended to interfere with, abrogate or annul any lawful easements, covenants or other agreements. 

 

Except as otherwise provided under the Zoning Enabling Act, this ordinance shall be controlling in the case of any inconsistencies between this ordinance and an ordinance adopted under any law other than the Zoning Enabling Act (MCL 125.3210).

 

                Historical Note:  Section 103, second paragraph amended by  Ord 08-01,  eff  Feb 25,  2008

 

Prior to 2008 amendment, second paragraph of Section 103 read:  “Where this Ordinance imposes a greater restriction upon the use of land or buildings than is imposed by other laws or ordinances, or by rules, regulations permits, easements, covenants or agreements that may be in force, the provisions of this Ordinance shall control. Where provisions of any other Ordinance or regulation of the Tobacco Township impose stricter requirements for the use of land or buildings, the provisions of the other Ordinance or regulation shall govern.”

 

SECTION 104.   SEVERABILITY.

 

It is the legislative intent that this Ordinance be liberally construed and should any provision or section of this Ordinance be held unconstitutional or invalid, such ruling shall not affect the validity of remaining portions of the Ordinance. It is intended that this Ordinance shall stand notwithstanding the invalidity of any part thereof.

 

SECTION 105.   REPEAL.

 

The existing zoning ordinances of Tobacco Township, as amended, are hereby repealed.  However, said repeal shall not abate any action now pending under or by virtue of the ordinance herein repealed, nor discontinue, abate, modify, or alter any penalty accrued or to occur. Nor shall it affect the rights of any person, firm, corporation, or waive any right of the Township under any section or provision of the Ordinance hereunder repealed that was existing at the time of the passage and effective date of this Ordinance.

 

 

 

 

 

 

SECTION 106.   EFFECTIVE DATE.

 

This Ordinance shall take effect on November 16, 2003, or seven (7) days after notice of adoption has been published in a newspaper of general circulation within the township, whichever is the later date.

 

SECTION 107.  LIABILITY.

 

The Township Zoning Administrator or any other person charged with the interpretation and enforcement of this ordinance, acting for the township, in good faith and without malice  in the discharge of his duties, shall not thereby render himself personally liable and he is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties.