This chapter shall be known and cited as the
"City of Royal Oak Zoning Ordinance."
A.
The purpose of this chapter is to promote, protect,
regulate, restrict and provide for the use of land and buildings within
the City of Royal Oak; to meet the needs of the state's residents
for 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 in accordance with the
Master Plan; to implement the goals, objectives and strategies of
the Master Plan; to limit the inappropriate overcrowding of land and
congestion of population and transportation systems and other public
facilities; to facilitate adequate and efficient provision for transportation
systems, sewage disposal, water, energy, education, recreation, and
other public service and facility needs; and to promote public health,
safety and welfare.
B.
For those purposes set for forth herein, the City
is divided into districts. For each of those districts, regulations
are imposed designating the uses for which buildings or structures
shall or shall not be erected or altered, and designating the trades,
industries, and the land uses or activities that shall be permitted
or excluded or subjected to special regulations.
C.
It is also the purpose of this chapter to provide
for the establishment of a Board of Appeals and its powers and duties;
to provide for the administration and enforcement hereof and for penalties
for its violation; and to provide for the repeal of any and all ordinances
inconsistent herewith.
A.
This chapter shall be liberally construed in such
manner that implements its purpose. In interpreting and applying the
provisions of this chapter, the requirements shall be held with the
intended purpose to be for the promotion of the public health, safety,
convenience, comfort, prosperity and general welfare.
B.
No building or structure, or part thereof, shall hereafter
be erected, constructed, reconstructed or altered, and no new use
or change shall be made of any building, structure or land, or part
thereof, except as permitted by the provisions of this chapter.
C.
Where a condition imposed by a provision of this chapter
upon the use of any lot, building, or structure is conflicting with
a condition imposed by any other provision of this chapter, or by
the provision of an ordinance adopted under any other law, the provision
which is more restrictive, shall govern.
D.
Nothing within this chapter shall be construed to
prevent compliance with an order by the appropriate authority to correct,
improve, strengthen, or restore to a safe or healthy condition, any
part of a building or premises declared unsafe or unhealthy.
A.
If a court of competent jurisdiction shall declare
any part of this chapter to be invalid, such ruling shall not affect
any other provisions of this chapter not specifically included in
said ruling.
B.
If a court of competent jurisdiction shall declare
invalid the application of any provision of this chapter 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.
A.
Where any condition imposed by any provision of this
chapter upon the use of any lot, building, or structure is either
more restrictive or less restrictive than any comparable conditions
imposed by any other provision of this chapter or by the provision
of any ordinance adopted under any other law, the provision which
is more restrictive or which imposes a higher standard or requirement
shall govern.
B.
This chapter is not intended to modify or annul any
easement, covenant, or other private agreement, provided that where
any provision of this chapter is more restrictive or imposes a higher
standard or requirement than such easement, covenant, or other private
agreement, the provision of this chapter shall govern.
C.
Uses for
enterprises or purposes that are contrary to local, state, and/or
federal laws or ordinances are prohibited. This prohibition shall
not apply to the medical use of marihuana as defined by and in accordance
with the Michigan Medical Marihuana Act, MCLA 333.26421 et seq., as
amended.
[Added 1-24-2011 by Ord. No. 2010-03; amended 4-21-2014 by Ord. No.
2014-04]
It is hereby expressly declared that nothing
in this chapter be held or construed to give or grant to any person,
firm, or corporation any vested right, license, privilege or permit.
