22.01 TITLE, PURPOSE AND AUTHORITY

22.01.010 SHORT TITLE

This chapter shall be known and may be cited as "The Zoning Ordinance of the Village of Beverly Hills".

22.01.020 PURPOSE

An Ordinance enacted under Act 207, Public Acts of 1921, as amended, governing the incorporated portions of the Village of Beverly Hills, Oakland County, Michigan, to regulate and restrict the location and use of buildings, structures and land or other specified uses; and 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 Village into districts and establish the boundaries thereof; providing for enforcement; establishing a Board of Appeals; and imposing penalties for the violation of this Ordinance.

22.01.030 PREAMBLE

Pursuant to the authority conferred by the Public Acts of the State of Michigan in such case, made and provided and for the purpose of promoting, and protecting the public health, safety, peace, morals, comfort, convenience, and general welfare of the inhabitants of the Village of Beverly Hills to meet the needs for food, energy, and other natural resources, by protecting and conserving the character and social and economic stabilization of the residential, commercial, and other use areas; by securing the most appropriate use of land and to insure that uses of lands shall be situated in appropriate locations and relationships, preventing overcrowding of the land and undue congestion of population and transportation systems and other public facilities; providing adequate light, air and reasonable access; and facilitating adequate economical provision of transportation, water, sewers, schools, energy, recreation and other public service and facility needs and requirements, and by other means, all in accordance with a comprehensive Master Plan now, therefore, THE VILLAGE OF BEVERLY HILLS ORDAINS:

22.01.040 ENABLING AUTHORITY

This title is adopted pursuant to Act 207, Public Acts of Michigan, 1921, as amended. Said Act is made a part of this title just as if it were word for word repeated herein.

22.01.050 CONSTRUCTION OF LANGUAGE

For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows, and the following rules of construction shall apply to the text of this Ordinance:

a. The particular shall control the general.

b. In the case of any difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control.


c. The word "shall" is always mandatory and not discretionary. The word "may" is permissive and discretionary.

d. Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

e. A "building" or "structure" includes any part thereof.

f. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for".

g. The word "person" includes an individual, a corporation, a partnership, a public utility, firm, an incorporated association, or any other similar entity.

h. Unless the context clearly indicates the contrary, or a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," "either...or," the conjunction shall be interpreted as follows:

1. "And" indicates that all the connected items, conditions, provisions, or events shall apply.

2. "Or" indicates that the connected items, conditions, or provisions, or events may apply singly or in any combination.

3. "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

i. Terms not herein defined shall have the meaning customarily assigned to them.

22.01.060 CONFLICTING REGULATIONS. Any use that would constitute a violation of Federal, State or local law or regulation shall be prohibited. {Ord. 339; 11-19-11}.