Zoning Ordinance - Article 1

"The City of Ferndale"

Ordinance No. 1004

THE CITY OF FERNDALE ORDAINS:

ARTICLE 1

TITLE, PURPOSE, SCOPE AND CONSTRUCTION, VALIDITY AND SEVERABILITY,

CONFLICT WITH OTHER LAWS AND VESTED RIGHTS

Section 1.01 Title.

This Ordinance shall be known and cited as the City of Ferndale Zoning Ordinance. The provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare of the inhabitants of the City by protecting and conserving the character and social and economic stability of the residential, commercial, industrial and other use areas.

Section 1.02 Purpose.

In accordance with the authority and intent of Act 110 the Public Acts of 2006, as amended, the purpose of this Ordinance is to promote the orderly and efficient development of the City of Ferndale, in accordance with the goals, objectives and policies of the City of Ferndale Land Use Plan; to regulate and restrict the location and use of buildings, structures and land; to regulate and limit the height and bulk of buildings and structures; to determine and regulate the size of open spaces and yards; to regulate density of population and development; to provide adequate light, air and reasonable access; to promote and enhance aesthetics; to protect natural and historic resources; and to facilitate adequate and concurrent provision of transportation, water, sewage, schools, parks and other public improvements, facilities and services. (No. 1017, 12-11-06)

The City is divided into districts of the number and shape considered best suited to carry out the purposes of this section. For each of those districts, regulations are imposed designating the uses for which buildings and structures shall or shall not be erected or altered, and designating the trades, industries, land uses and activities that shall be permitted or excluded or subjected to special regulations.

It is also the purpose of this Ordinance to provide for the establishment of a Board of Zoning Appeals and its powers and duties.

This Ordinance also provides for its administration and enforcement, for penalties for its violation, and for the repeal of any and all inconsistent ordinances.

Section 1.03 Scope and Construction of Regulations; Applicability of Other Laws.

No building or structure or parcel of land, or part thereof, shall be erected, constructed, reconstructed or altered, and no new use or change in use shall be implemented, except as permitted by the provisions of this Ordinance and all applicable codes, and State and Federal laws.

Section 1.04 Validity and Severance Clause.

If a 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.

Sections of this Ordinance shall be deemed to be severable. Should any section, paragraph or provision be declared invalid or unconstitutional by a court of competent jurisdiction, such findings shall not affect the validity of this Ordinance as a whole or any part other than the part specifically included in said ruling.

Section 1.05 Conflict with Other Laws, Regulations, and Agreements.

Where any condition imposed by any provision of this Ordinance upon the use of any lot, building, structure, or parcel of land is either more restrictive or less restrictive than any comparable conditions imposed by any other provision of this or any other Ordinance or by state or federal laws, the provision which is more restrictive or which imposes a higher standard or requirement shall govern.

This Ordinance is not intended to interfere with, modify or annul any easement, covenant, or other private agreements between parties, except that easements, covenants, and other private agreement shall be governed by the provisions of this Ordinance.

Section 1.06 Vested Rights.

It is expressly declared that nothing in this Ordinance shall be construed or interpreted to give rise to any permanent vested rights in the continuation of any particular use, district, or zoning classification or any permissible activities, except where an applicant has commenced excavation or construction pursuant to a valid building permit and site plan approval, if required, which has resulted in a tangible change in the land. Otherwise, the continuation of any particular use, district, or zoning classification or any permissible activities are declared to be subject to subsequent amendment, change, or modification as may be necessary to preserve and protect public health, safety and welfare.

Section 1.07 Violations and Penalties.

Uses of land, buildings, or structures, erected, altered, razed, or converted in violation of this Ordinance are declared to be nuisances per se. Such nuisance shall be abated and the owner and/or agent in charge shall be deemed responsible for maintaining a nuisance per se.

Anyone violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor punishable by a fine of not more than $500.00 and/or imprisonment for not more than 90 days, plus costs of prosecution as allowed by law. Each day that a violation is permitted to exist shall constitute a separate offense. An adjudication of guilty shall not exempt the offender from compliance with the requirements of this Ordinance.

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The City of Ferndale, Michigan
300 East Nine Mile Road
Ferndale, Michigan  48220
(248) 546-2525