VILLAGE OF BARRYTON
ZONING ORDINANCE #27-2015
AN AMMENDMENT TO FENCE – BOUNDARY AND INTERIOR: CORRECTING A DISCREPINCY IN THE DENFINITION OF A DECORATIVE FENCE USED TO ENHANCE THE APPEARANCE OF A PROPERTY.
The Village of Barryton Ordains:
Section 1: Title: This ordinance amendment shall be known as the Village of Barryton Zoning Ordinance #27-2015
Section 2: Zoning Compliance Permits shall be issued accordingly:
A. Hereafter, no land shall be commenced or changed and no structure shall be erected or enlarged until the person conducting such use or erecting or enlarging such structure has obtained a zoning compliance permit from the Village of Barryton Zoning Administrator. The Zoning Administrator shall issue such permit upon the furnishing in writing, over the signature of the applicant, of such information as may be necessary to establish that the proposed use, structure, or actions is in full compliance with all provisions of the resolution, (and finding by the Zoning Administrator that such is the case), and payment of a permit fee, if any.
*Decorative Fence is a structure used to enhance the appearance of a property, garden or landscaping and not intended or designated as a method of prohibiting entry to a property. A permit is not required.
1: Not exceeding 10’(feet) in length in any one direction when used as landscaping.
2: Not being closer than 20” (inches) from a public sidewalk. May not exceed 4’ (feet) in height
3: Garden use, the fence must be an open barrier usually made of posts, boards, wire, stakes, rails, or masonry material. May not exceed 4’ (feet) in height.
B. Any zoning compliance permit based on any false material or statements in the application or supporting documents is absolutely void ab initio and shall be revoked. No zoning compliance permit shall remain valid if the use or structure it authorizes becomes nonconforming.
C. Zoning Compliance Permit fees will be as follows:
1. Fence – boundary and interior $15.00
2. Deck or Patio – any size $25.00
3. Accessory Building – any size $40.00
4. Dwelling $60.00
5. Roof Construction $20.00
Section 3: Penalty
(1) The penalty for a violation of this ordinance shall be a Village civil infraction with a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.
(2) The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.
THIS ORDINANCE SHALL TAKE EFFECT THIRTY (30) DAYS AFTER PUBLICATION. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.
I hereby certify to the adoption of this ordinance at the ____________council meeting and cause the same to be published as required by law.
Yeas _____ Nays _____ Ordinance declared __________
Published Date: Effective Date:
Signed by Village Clerk: Village President: