[HISTORY: Adopted by the Township Board of the Township of
Cannon as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This Code is a single comprehensive ordinance containing all
provisions of a general nature, except for the Township Zoning Ordinance,
which is Appendix A hereto.
All ordinances heretofore adopted by the Township, not including
the Township Zoning Ordinance or Zoning Maps, and amendments thereto,
or franchise ordinances, have been repealed in conjunction with adoption
of this Code. Ordinances of a special nature pertaining to specific
subjects not within the purview of this Code, such as, by way of example
and not limitation, ordinances authorizing financing, shall not be
repealed by adoption of this Code.
This Code may be known and shall be cited as the "Cannon Township Code." Within the Cannon Township Code, reference to the "Code" shall mean the Cannon Township Code. Chapter 450 is included when reference is made to this Code, but may also be referred to as the "Cannon Township Zoning Ordinance" or the "Zoning Ordinance." References to a "chapter" shall be a reference to the entire chapter. Consistent with common and historic usage, sometimes a chapter or chapters may be referred to as "ordinance," such as in the case of the "Subdivision Control Ordinance" or "Sewer Ordinance."
If any provision of this Code is now or later amended, or its
application to any person or circumstances held invalid, the invalidity
does not affect other provisions that can be given effect without
the invalid provision or application.
The fiscal year of the Township shall extend from April 1 of
each year until March 31 of the following year.
No annual meeting of the electors of the Township shall be held
unless specifically so provided by resolution of the Township Board,
or if approved at an election called for that purpose, in the manner
provided by law.
[Adopted 1-10-2022 by Ord. No. 2022-1]
The ordinances of the Township of Cannon of a general and permanent nature adopted by the Township Board of the Township of Cannon, as revised, codified and consolidated into chapters and sections by General Code and consisting of Chapters 1 up to but not including Chapter 450, as modified by Schedule A attached hereto[1] and together with appendixes, are hereby approved, adopted,
ordained and enacted as the "Code of the Township of Cannon," hereinafter
known and referred to as the "Code."
[1]
Editor's Note: Schedule A is on file in the Township
offices.
This ordinance and the Code shall supersede all general and
permanent ordinances enacted prior to the enactment of this Code,
except such ordinances as are hereinafter expressly saved from repeal
or continued in force.
This ordinance shall become effective 30 days following publication
of notice of adoption.
A copy of the Code in loose-leaf form has been filed in the
office of the Township Clerk and shall remain there for use and examination
by the public until final action is taken on this ordinance; and,
if this ordinance shall be adopted, such copy shall be certified to
by the Clerk of the Township of Cannon, and such certified copy shall
remain on file in the office of the Township Clerk, to be made available
to persons desiring to examine the same during all times while said
Code is in effect.
Any and all additions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intent of
the Township Board to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
Township of Cannon" shall be understood and intended to include such
additions and amendments. Whenever such additions, amendments or supplements
to the Code shall be adopted, they shall thereafter be printed and,
as provided hereunder, inserted in the loose-leaf book containing
said Code, as amendments and supplements thereto.
The Clerk of the Township of Cannon shall cause to be published
notice of adoption of this ordinance in a newspaper of general circulation
in the Township. Sufficient copies of the Code shall be maintained
in the office of the Clerk for inspection by the public at all times
during regular office hours.
It shall be the duty of the Clerk or someone authorized and
directed by the Clerk to keep up-to-date the certified copy of the
book containing the Code required to be filed in his or her office
for the use of the public. All changes in said Code and all ordinances
adopted subsequent to the effective date of this codification which
shall be adopted specifically as part of the Code shall, when finally
adopted, be included therein by reference until such changes or new
ordinances are printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Clerk, or an authorized agent of the Clerk, upon
the payment of a fee to be set by the Township Board, or may be furnished
electronically. The Clerk may also arrange for procedures for the
periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Township of Cannon to be misrepresented thereby. Anyone violating this section, or any part of this ordinance, shall be responsible for a civil infraction as provided in Chapter 70.
This Code and the various parts, sections, subsections, paragraphs,
sentences, phrases, and clauses thereof are hereby declared to be
severable. If any part, section, subsection, paragraph, sentence,
phrase, or clause is adjudged unconstitutional or invalid by a court
of competent jurisdiction, it is hereby provided that the remainder
of this Code shall not be affected thereby and shall remain in effect
and valid.
Each section of this ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
A.
Repeal of inconsistent ordinances. Except as provided in § 1-21, all ordinances and parts thereof not included in the Code adopted by this ordinance are repealed as of the effective date of this Code.
B.
Repeal of specific ordinances. Without limiting the generality of
the foregoing, the Township of Cannon has determined that the following
ordinances are no longer in effect and hereby specifically repeals
the following legislation:
The provisions of this Code, insofar as they are substantially
the same as ordinances previously adopted by the Township relating
to the same subject matter, shall be construed as restatements and
continuations thereof and not as entirely new enactments.
A.
Nothing in this Code (or the ordinance adopting this Code) affects
any offense or act committed or done, any penalty or forfeiture incurred,
or any contract or right established before the effective date of
this Code. Any citations or actions pending at the effective date
of this Code shall be prosecuted or pursued in accordance with the
ordinance as in effect when the citation was issued, or the action
commenced.
B.
The adoption of this Code does not authorize any use or the continuation
of any use of a structure, building, or premises in violation of any
Township ordinance on the effective date of this Code.
The adoption of this Code and the repeal of ordinances provided for in § 1-18 of this ordinance shall not affect the validity of following ordinances, rights and obligations, which are hereby expressly saved from repeal. The ordinances or portions of ordinances designated below continue in full force and effect to the same extent as if published at length in this Code.
A.
Any ordinance or amendment adopted subsequent to September 13, 2021.
The editorial incorporation of any such amendment into the Code is
hereby directed and approved.
B.
The Cannon Township Zoning Ordinance. The incorporation of the Zoning
Ordinance into a single document, including the Code, for ease of
reference and use, and the editorial renumbering of sections and cross-references
within the Zoning Ordinance to be consistent with the Code, is approved,
but shall not constitute or be construed as any amendment or readoption
of the Zoning Ordinance.
C.
Any ordinance or portion of any ordinance promising or guaranteeing
the payment of money or authorizing the issuance of bonds or other
instruments of indebtedness.
D.
Any ordinance or portion of any ordinance authorizing or approving
any contract, deed, or agreement.
E.
Any ordinance rezoning property, including any ordinance establishing
or amending any planned unit development.
F.
Any ordinance or portion of any ordinance that is temporary although
general in effect.
G.
Any ordinance or portion of any ordinance the purpose of which has
been accomplished.
A.
Throughout the Code, a reference to "Michigan Compiled Laws" or "MCL"
shall include all sections of law, as last amended, which are assigned
a compilation number by the legislative service bureau and are not
subsequently repealed.
B.
Unless otherwise specifically provided, a reference to all or part
of a statute, regardless of whether the words "as amended" are used
in the reference, shall include the latest amendments to the statute
or part.
A.
In compiling and preparing the ordinances for adoption and revision
as part of the Code, certain grammatical changes and other minor changes
were made in one or more of said ordinances. It is the intention of
the Township Board that all such changes be adopted as part of the
Code as if the ordinances so changed had been previously formally
amended to read as such. As may be necessary, any future renumbering
or correction of headings or the numbering of chapters, sections and
cross-references is hereby ordained and approved as editorial corrections
and changes, provided that the substance of the provision is not changed.
B.
In addition, the changes, amendments or revisions as set forth in
Schedule A attached hereto and made a part hereof are made herewith,
to become effective upon the effective date of this ordinance. (Chapter
and section number references are to the ordinances as they have been
renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-23B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article II. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 1-10-2022 by Ord. No. 2022-1." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C.
Nomenclature and statutory reference changes.
(1)
Excepting where specific departmental regulations are cited, state
agency titles DNR (Department of Natural Resources), DEQ (Department
of Environmental Quality), and EGLE (Department of Environment, Great
Lakes, and Energy), are changed to "state environmental agency."
(3)
All references to "MSA" citations are hereby revised to their corresponding
MCL references. All MSA references are deleted.
A summary of this ordinance shall be published in the manner
as required by law. This ordinance shall be effective 30 days following
such publication.
