Zoning Ordinance #01-1988

Village of Barryton Digitalized 03/16/2018

ZONING ORDINANCE-

01-1988

BARRYTON, MICHIGAN
EFFECTIVE DATE: JUNE 1,1988

The Village of Barryton is an equal opportunity provider

TABLE OF CONTENTS
Page

Table of Contents

Preamble

Article I
101 Short Title 1
Article II
201 Terminology 2
202 Definitions 3

Article III
301 Scope of Ordinance Regulations 18
302 Scope of District Regulations 21

Article IV
401 Zoning Districts – Intent 25
402 Zoning Map – Explanation 28

Article V
501 A-1 District Permitted Uses and Structures 29
502 R-1 District Permitted Uses and Structures 32
503 R-2 District Permitted Uses and Structures 35
504 C-1 District Permitted Uses and Structures 36
505 C-2 District Permitted Uses and Structures 38
506 IND District Permitted Uses and Structures 41

Article VI
601 Special Uses and Structures 44
602 Non-conforming Uses and Structures 73

Article VII
701 Village Council 78
702 Village Planning Commission 79
703 Village Zoning Board of Appeals 80
704 Zoning Administrator 82
705 Public Hearings 84
706 Violations and Penalties 86
707 Validity 87
708 Conflicting Ordinances 88
709 Effective Date 88

PREAMBLE

An Ordinance to regulate and restrict the location and use of structures and land for residential, commercial, industrial and other related activities; to regulate and determine the area of yards and other open spaces near and around structures; to regulate and limit the density of population for said purposes to divide the Village into districts and to provide penalties for the violation of its provisions and to repeal all Zoning Ordinances and all amendments thereto.

Pursuant to the authority conferred by Act 207, Michigan Public Acts of 1921 as amended, now therefore:

THE VILLAGE OF BARRYTON, MICHIGAN ORDAINS:

ARTICLE I
TITLE

101 Short Title
This Ordinance shall be known as the “BARRYTON VILLAGE ZONING ORDINANCE” and may be referred to herein as “this Ordinance”.
ARTICLE II
· TERMINOLOGY AND DEFINITIONS

For the purpose of this Ordinance the following rules shall apply to the terminology in the text and the following definitions shall apply to words and phrases used in the text.
201 Terminology

  1. In case of any difference of meaning or implication between the text and any caption or illustration, the text shall take precedence.
  2. The word “shall” is always mandatory and not discretionary. The word “may” is permissive.
  3. Words used in the present tense shall include the future. Words used in the singular number shall include the plural and the plural the singular, unless the text clearly indicates the contrary.
  4. The phrase “used for” includes “arranged for”, “designed for”, “intended for”, “maintained for” or “occupied for”.
  5. The word “person” includes an individual, a corporation, a partnership, an incorporated association or any similar entity.
  6. The word “occupied”, and the word “used” shall be considered to be followed by the words “or intended, arranged or designed to be used or occupied”.
  7. Terms not herein defined shall have the meaning customarily assigned to them.
    202 Definitions
    202:1 A
    ACCESSORY USES AND STRUCTURES – Uses and structures which are customarily accessory and clearly incidental and subordinate to, and on the same zoning lot as permitted principal uses and structures in any zoning district.
    ALLEY – Any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic , circulation.
    ALTERATION – Any change in size, shape or location of a building or structure in accordance with applicable construction codes.
    202:2 B
    BOARD OF APPEALS – The Zoning Board of Appeals of the Village of Barryton.
    BUFFER – Also called BUFFER ZONE. An area established to protect one type of land use from the possibility of undesirable characteristics of another. The purpose is to screen out any potential objectionable features of the more intensive utilization of land from that of the less intensive.
    Normally, buffers consist of flat or mounded grassy areas, areas planted with hardy shrubs and trees, with fences or walls usually placed to obscure vision by density or height.
    BUILDING – Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter or enclosure of persons, animals or property of any kind.
    BUILDING LINE – The line limiting the minimum horizontal distance between the front of a structure and the front property line. Also called the SETBACK LINE.
    202:3 C
    CLINIC – An institution for the medical treatment of humans or in the case of a Veterinary Clinic, the medical treatment of small animals all dealing chiefly with outpatients.
    CLUB OR LODGE – The room, building or other facilities used for the meetings of a group of people organized for a common purpose such as a fraternal organization or a society.
    CONDITIONAL USE – A permitted use which by its general nature may not be located within a given Zoning District but as a specific use would be permitted providing all conditions which have been imposed by this Ordinance have been complied with. Also known as a SPECIAL USE.
    CONDOMINIUM – An apartment building in which the apartments are owned individually or an apartment in such a building.
    COUNTY – The County of Mecosta, Michigan.
    202:4 D
    DRIVE-IN FACILITIES – Any place or premises which offers the sale of goods or services to customers in vehicles including those establishments where customers may serve themselves and use the goods or services on the premises.
    DWELLING, SINGLE-FAMILY – A detached residential dwelling unit including a mobile home, and a modular home, designed for and occupied by one family only.
    DWELLING, TWO-FAMILY – A detached residential building containing two dwelling units, designed for occupancy by not more than two families.
    DWELLING, MULTIPLE-FAMILY – A residential building designed to be occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
    DWELLING UNIT – One or more habitable rooms which are occupied or intended for occupancy by one family with facilities for living, sleeping, cooking and eating.
    202:5 E
    ESSENTIAL SERVICES – Equipment and accessories reasonably necessary for the furnishing of adequate service by public utilities or governmental departments or commissions or for the public health or safety or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the essential service equipment.
    202:6 F
    FAMILY – An individual or two or more persons related by blood, marriage or adoption or not more than two (2) persons who need not be related by blood or marriage living together in a dwelling unit.
    FARM – A tract of land with or without structures on. Which any agricultural activity or the raising of livestock, poultry, or small animals is conducted as a source of income.
    FENCE – An open barrier, serving as an enclosure, divider, or boundary, usually made of posts, boards, wire, stakes, rails, or masonry material.
    FOSTER CARE HOME OR CENTER – As defined by Act 116, Michigan Public Acts of 1973, as amended, is a home in which minor children not related to an adult member of the household are provided care. This may be a “Foster family home”, a “Foster family group home”, a “Family day care home, or a “Group day care home”.
    202:7 G
    GARAGE, PRIVATE – An accessory building or portion of a main building designed for the storage of motor vehicles, recreational vehicles or similar vehicles owned and used by the occupants of the building to which it is accessory.
    GARAGE, SERVICE – A commercial, facility used for the storage or care of motor vehicles where such vehicles are equipped for’ operation, repaired, or kept for remuneration, hire or sale providing that there be no outside storage of parts or inoperative vehicles.
    GARAGE, REPAIR- A commercial facility used for the pair of motor vehicles and for the storage of such vehicles and the parts needed. for repair. Parts and vehicle storage may be permitted outside providing the storage area is screened from or not visible, from off the lot.
    GASOLINE SERVICE STATION – Any structure or premises arranged, designed or used for the retail sales of fuels, lubricants, air, water and, other operating commodities for motor vehicles and including the customary space and facilities for the installation of such commodities on or in such vehicles and for the washing or polishing of such vehicles but not including the use of space or facilities for the refinishing of motor vehicles or for the dismantling for the purpose of reuse or resale of motor vehicles or parts thereof or for the outdoor storage or repair of motor vehicles or parts thereof.
    202:8 H
    HEIGHT OF STRUCTURE – The vertical distance measured from the average established grade at the front of the structure to the highest point of the structure whether it be a roof, wall, parapet or similar appurtenance of the structure.
    HOME OCCUPATION – Any occupation conducted within a dwelling unit by its occupants as a subordinate use and within one room thereof; provided that:
  8. No stock in trade: may be kept or article sold or offered for sale in the dwelling except such as are produced by such home occupation.
  9. No display of goods are visible from any public way. One unlighted sign no larger than 6 square feet may be erected.
  10. One person other than dwelling occupants may be employed.
  11. No such home occupation shall require interior or exterior alterations or the use of mechanical equipment except that are customarily utilized for residential or office purposes.
    HOSPITAL – An establishment as defined in Act 139, Michigan Public Acts of 1956 as amended.
    HOUSING FOR THE ELDERLY – An establishment other than a hospital or nursing home which provides room and board or housekeeping facilities for non-transient persons sixty-five (65) years of age or older.
    202:9 I
    Reserved for future use.
    202:10 J
    JUNK YARD – An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles and also including an auto wrecking yard but not including uses established entirely within closed buildings.
    202:11 K
    KENNEL – Any premises on which dogs, cats or other household pets are maintained, boarded, bred or cared for, in return for remuneration or are kept for the purpose of sale.
    202:12 L
    LOADING SPACE OFF-STREET – Space logically and conveniently located for merchandise or passenger pickups and deliveries, located on the same lot with the use which it is to serve for the temporary parking of vehicles which are performing the said pickups and deliveries.
    LOT – A parcel tract or portion of land separated from other parcels or portions of land by’ description on a recorded plat or by metes and bounds description.
    LOT, CORNER – Any lot having at least two (2) contiguous sides abutting upon one or more streets or roads, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five (135) degrees.
    LOT, DOUBLE FRONTAGE – Any lot including a corner lot, as defined herein, having two (2) or more sides abutting on one (1) or more streets or roads. Any lot line separating the lot from any street or road shall be construed as being a front lot line.
    LOT LINE – Any line abounding a lot.
  12. Front lot line the lot line separating the lot from any street or road right-of-way.
  13. Rear lot line – The lot line opposite to and most distant from the front lot line as designated for each lot; in the case of irregularly-shaped lots, an imaginary line parallel to the front lot line but not less than ten (10) feet long measured within said lot.
  14. Side lot line – Any lot line other than a front or rear lot line.
    202:13 M
    MOBILE HOME – A manufactured relocatable residential unit providing complete, independent living facilities for one family including permanent provision for living, sleeping, eating, cooking and sanitation. This definition does not include “modular homes”, “motor homes, or “travel trailers”.
    MOBILE HOME PARK – A lot, parcel or tract of land used as the site of occupied mobile homes, including any structure, vehicle or enclosure used as part of the equipment of such mobile home park and licensed or licensable under the provisions of Act No. 243, P.A. of 1959, State of Michigan, as amended.
    MODULAR HOME – A dwelling which consists of prefabricated units transported to the site on a removable undercarriage or flat-bed and assembled for permanent location on the lot.
    MOTOR HOME – A recreational vehicle which is a self-propelled temporary living unit intended for recreation or vacation use and not intended to be placed on a residential lot as a dwelling unit.
    202:14 N
    NON-CONFORMING USE OR STRUCTURE – Any use or structure which was lawfully existing immediately prior to the time this Ordinance became effective and which does not now comply with the requirements thereof.
    NURSERY SCHOOL – Also a “Child care center” or “Day care center” as defined by Act 116, Michigan Public Acts of 1973, as amended. An establishment which provides care for children apart from their parents or guardians for periods of less than 24 hours a day.
    NURSING HOME – An establishment or institution, other than a hospital, having as one of its functions the rendering of care for periods of more than twenty-four (24) hours to individuals afflicted with illness, injury, infirmity or abnormality.
    202:15 0
    Reserved for future use.
    202:16 p
    PARKING SPACE, OFF-STREET – Any space used for the off-street parking of motor vehicles in all districts in accordance with this Ordinance.
    PERSONAL SERVICES ESTABLISHMENTS – Establishments offering services for a fee or other remuneration such as financial institutions, barber and beauty shops, clothing repair shops, professional offices and other similar uses.
    PLANNED UNIT DEVELOPMENT – A project consisting of a variety of uses which are compatible with each other. This project is intended 1 to be preplanned and subject to a number of conditions which would guarantee compatibility within the development as well as compatibility with the surrounding area.
    POOL, PRIVATE SWIMMING – Any artificially constructed basin or other structure for the holding of five hundred (500) or more gallons of water for the use by the owner, his family or guests for aquatic sports or recreation.
    PRINCIPAL USE – The primary or chief purpose for which a lot is used.
    PUBLIC UTILITY – Any person, firm, corporation, municipal department or board, duly authorized to furnish and furnishing to the public under Federal, State or Village regulations, electricity, gas, steam, communications, cablevision, transportation or water.
    202:17 Q
    Reserved for future use.
    202:18 R
    RETAIL SALES ESTABLISHMENTS – Establishments offering goods for sale such as food stores, drug stores, clothing sales, gift shops, hardware and appliance sales, restaurants and drinking places, variety stores and other similar uses.
    ROOMING HOUSE – Also referred to as a boarding home, lodging house, fraternity house, sorority house or dormitory. A dwelling having one kitchen and used for the purpose of providing lodging or lodging and meals for pay or compensation of any kind, to more than two persons other than members of the family occupying such dwelling.
    202:19 S
    SANITARY LANDFILL – A method of disposing of refuse on land in accordance with the applicable laws of the State of Michigan.
    SETBACK LINE – See BUILDING LINE.
    VILLAGE OF BARRYTON
    AMENDMENT TO ZONING

Council member Collins moved, supported by Doke ___
The adoption of the following ordinance: An amendment to Section 202 of the Village of Barryton Zoning Ordinance, amending Section 202:10 by amending the definition of junk yard; adding to Section 202:19 by adding the definition for storage yard; adding to Section 202; 23 by adding the definition for warehouse: and an amendment to Section 506 of the Barryton Zoning Ordinance by amending Section 506:1 to not include those business practices which rely upon the use of scrap or junk materials for it business practices: and amending Section 506;3 by eliminating the ability to obtain special uses and structures for junk yards; and by deleting Section 601:4(11)..
WHEREAS a concern has risen over the health, safety, and welfare of the Village and its residents relating to the ability of junk yard, and scrap/salvage facilities being allowed to place potentially dangerous products within the village limits, and
WHEREAS the Village of Barryton does not have the adequate area to buffer the Village and / or its residents from the industrial practices of junk yards and scrap/salvage storage practices, and
‘WHEREAS The Village of Barryton desires to curtail expansion of any industry which would be considered a non-conforming use upon the adoption of this ordinance, and
WHEREAS the Village attorney has recommended the following amendment to the Village of Barryton Zoning Ordinance, and
WHEREAS the proper public notice was given of the meeting held May 2nd 2001 at which the proposed zoning amendment was considered by the Village Council, and public hearing was conducted on the proposed zoning ordinance and amendment, and
WHEREAS The Village has complied with the procedure outlined in MCL 125,584. for the adoption and amendment of the village zoning ordinances.
NOW THEREFORE, THE VILLAGE OF BARRYTON ORDAINS:

  1. Section 202.10 as to the definition of junk yard as follows:
    JUNK YARD – an open area, where waste, salvage, and/or scrap materials,, including but not limited to scrap iron, and other metals, paper, rags, rubber tires ,and / or bottles, or , any portion thereof, are bought, sold, exchanged, stored, baled, packed, processed, modified, dissembled and /or handled in any manner whatso ever, including but not limited to industrial research, manufacturing, processing, and/or assembling or any portion thereof. This definition does not include uses established entirely within enclosed buildings.
    SIGN – Any device designed or intended to inform or attract the attention of any person.
    SORORITY HOUSE – See ROOMING HOUSE.
    202:20 T
    TRAILER COACH – Any movable dwelling or mobile dwelling except as defined as a “mobile home” (Subsection 202:13; this Ordinance). Included as trailer coaches are travel trailers, campers, motor homes and similar recreation-type equipment used for temporary or recreation dwelling.
    TRAILER COACH PARK – An area or premises on which space available is rented, held for rent, or on which free occupancy or camping is permitted for trailer coach owners or users on a temporary basis according to the provisions of Act 243, P.A. of 1959, State of Michigan, as amended.
    202:21 U
    USE – The purpose or activity for which the land or building thereon, is arranged, occupied or maintained.
    202:22 V
    VARIANCE – A deviation from the terms of this Ordinance, such as size, height, distance or area which is authorized by the Board of Appeals upon findings of practical difficulties and unnecessary hardships.
    202.23 W
    Reserved for future use.
    202.24 X
    Reserved for future use.
    202.25 Y
    Yard – A portion of a lot which is unoccupied and unobstructed by a building from the ground upward, except as otherwise provided by the Ordinance.
    a. Yard, Front Required: An open space extending the full width of the lot, the depth of which is required by the provisions of this Ordinance and measured perpendicularly to the fornt lot line.
    b. Yard, Rear Required: An open space extending the full width of the lot, the depth of which is required by the provisions of this Ordinance and measured perpendicularly to the rear lot line.
    c. Yard, Side Required: An open space extending from the required front yard to the required rear yard, the width of which is required by the provisions of this Ordinance and measured perpendicularly to the side lot line.
    202.26 Z
    ZONING ADMINISTRATION – The duly authorized official of the Village of Barryton who is responsible for the administering the enforcing of this Ordinance.
    ZONING BOUNDARY LINES – Lines on the zoning ordinance zoning ordinance zoning map which indicate the limits of the individual zoning districts. Zoning boundary lines normally will follow the Village limits lines, centerlines of roads, streets, alleys, easements, railroads or those centerlines extended or lot lines.
    ZONING DISTRICTS – The areas into which the Village of Barryton has been divided and for which the regulations and requirements governing use and size of lots and structures are specified in this Ordinance. ARTICLE III
    GENERAL PROVISIONS
    301 Scope of Ordinance Regulations
    301:1
    The provisions of this Ordinance shall be held to be the minimum requirements and shall apply uniformly to each kind of class of structure or land.
    301:2
    Where the conditions imposed by any provisions of this Ordinance upon the use of structures or land are either more or less restrictive than comparable conditions imposed by the provisions of any other lawful ordinance or of any law, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.
    301:3
    This Ordinance is not intended to nullify or lessen any easement, covenant or any other private agreement, provided that where the regulations of this Ordinance are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the regulations of this Ordinance shall govern.
    301:4
    Structures or uses which were unlawfully existing at the time of the adoption of this Ordinance shall not become or be made lawful solely by reason of adoption of this Ordinance.
    301: 5
    All structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocations of existing structures occurring hereafter and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Ordinance which are applicable to the zoning districts in which such structures, uses or land shall be located.
    301:6
    Nothing contained in this Ordinance shall in itself be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any structure or facility or to conduct any trade, industry, occupation or activity.
    301:7
    Any building permits issued prior to the effective date of this Ordinance shall be considered valid and any structure may be completed and used or occupied in accordance with plans, provided that use or occupancy is on the basis for which building permit was originally designated and provided that construction is begun within sixty (60) days.
    Any such use which would become non-conforming by virtue of the passage of this Ordinance shall thereafter be considered non-conforming and subject to the provisions of this Ordinance.
    301:8
    Any structure or use lawfully existing at the time of adoption of this ordinance may be continued except as hereinafter provided in the regulations concerning non-conforming uses in this Ordinance.
    301:9
    All land, property or territory hereafter to be annexed to Barryton Village shall be considered to be in an A-1 District until otherwise classified.
    301:10
    Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition any structure or part thereof declared to be unsafe by any official charged with protecting the public safety upon such order of such official.
    301:11
    The keeping of livestock, horses, cattle, goats, sheep, pigs or poultry shall not be permitted except by express permission of the Village Council.
    301:12
    In any district where a single-family dwelling is permitted by this Ordinance, such dwelling shall have a minimum area of seven hundred twenty (720) square feet, shall be placed on a permanent foundation and shall conform to the County Building Code as adopted an amended or followed by the Village of Barryton.
    302 Scope of District Regulation
    302:1
    No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements of this Ordinance.
    302:2
    No part of a yard or other open space or offstreet parking or loading space required about or in connection with any structure for the purpose of complying with this Ordinance, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other structure or use.
    302:3
    In case of a lot having a side yard along any zoning district boundary line, on the other side of which is a more restrictive district, said side yard shall have a width of not less than that required for the more restrictive district.
    302:4
    No part of any required front yard shall be occupied for any accessory use or structure or for the storage of vehicles unless otherwise provided in this Ordinance.
    302:5
    On any corner lot in the R-1 and R-2 Districts nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half. (2-1/2) feet and eight (8) feet above the established roadway grade within a triangle formed by the two roadway right-of-way lines and a line connecting them at points twenty-five (25) feet from the intersection of the right-of-way line.
    302:6
    On double frontage lots, a front yard as prescribed for the district as herein established shall be provided on both streets.
    302:7
    Every structure hereafter erected or relocated shall be on a lot adjacent to a public street or with access to an approved private street and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
    302:8
    In any district, more than one structure housing a permitted or permissible principal use or a structure housing more than one permitted or permissible use may be erected or maintained on a single lot provided that all other requirements of this Ordinance shall be met for each structure or for each use as though it were on an individual lot.
    302:9
    In any R-1 or R-2 District, a permitted dwelling and permitted accessory structure may be constructed or altered on any single lot of record at the effective date of adoption of this Ordinance, not withstanding limitations imposed by other provisions of this Ordinance.
    302:10
    In any district on any single lot where a structure intended for a permitted principal use is being constructed or altered, a secondary structure may be permitted and occupied as a temporary dwelling unit, construction office or security building provided that such secondary structure complies with all other applicable rules and regulations and also provided that occupancy of such secondary structure cease and the structure shall be removed within fourteen (14) days of the occupancy of the principal use structure.
    302:11
    Any uses or buildings permitted in this Ordinance as accessory buildings or uses shall be clearly incidental to and on the same zoning lot as the principal use to which they are accessory. No accessory use or building shall be higher than the principal use or building. Accessory uses, or buildings may be located no closer than five feet (5′) from either a side lot line or a rear lot line and unless otherwise specified in this Ordinance an accessory use shall not be located within a required front yard or a required side yard. Any permitted accessory use or building shall occupy no more than twenty-five percent (25%) of the required yard in which it is located.
    302:12
    Any fences, walls or similar enclosures which are located in the required front yard in any residential district shall be of an “open-type” or “see through” material and shall not exceed four (4’) feet in height. Also, any fences, wall or similar enclosures which are located in a required side yard or required rear yard in any residential district may be of an obscure type in nature but shall not exceed six (6’) feet in height.
    302:13
    Any fences, walls or other similar enclosures which are placed in any residential district shall be void of any barbed wire, spikes, sharp metal projections, broken glass or other similarly unsafe materials.

ARTICLE IV
DESIGNATION AND PURPOSE OF ZONING DISTRICTS AND ZONING MAP
401 Zoning Districts
The following zoning districts are hereby established and the purpose or intended use of each district is stated. Permitted uses in each district are listed in Article V of this Ordinance.
401:1
The A-1 District is established in recognition of the areas of sparse development customarily occurring in the areas on the outer limits of the Village. The areas which comprise the majority of this zoning district contain the principal agricultural activities and the uses which are customarily associated with or accessory to the agricultural activities. It is not intended that high concentration of development be permitted in his district except as authorized by this Ordinance. Uses which are not of an agricultural nature may be permitted in this district as Special Uses providing they comply with the applicable regulation pertaining to Special Uses as outlined in this Ordinance.
401:2
The R-1 District is established to provide areas of general residential development. Desired development includes single-family and two-family dwellings. Services, facilities and uses incidental or accessory to residential development are included.
Multiple family dwellings and other uses compatible with residential development including commercial uses may be permitted providing they comply with the applicable regulations pertaining to Special Uses as outlined in this Ordinance.
401:3
The R-2 District is established to provide areas in recognition of the denser residential development in the community. This district provides for more concentrated single-family development, less restrictions on minimum lots and minimum yards and the inclusion in the district of commercial uses which are compatible with general occupancy of the area. It is not intended to permit industrial development or commercial development not associated with residential needs.
401:4
The C-1 District is established to provide areas of concentrated commercial development in the business district of the community.
Preferred uses are those of a retail or personal services nature which do not necessarily require large spaces for the display or sale of goods or services and which do not require immediate access on the site for motor vehicles. It is not intended to permit agricultural, residential or industrial development except as authorized in this Ordinance.

  1. Section 401:5 be amended and restated as follows:
    401:5
    The C-2 District is established to provide areas of general commercial development for the location of uses which are of a retail or personal service nature and for uses which require large spaces in which to conduct a commercial operation. In addition, this District is established· to provide for uses compatible under R-1, R-2 and C l districts. It is intended that any uses permitted do not create a· nuisance to surrounding areas by the emission of noise, fumes, smoke, vibrations, odors or other similar by-products which are not compatible with the general atmosphere of the total community. It is not intended that agricultural or industrial development be permitted in this district except as authorized by this Ordinance.
  2. Section 401 :6 be amended and restated as follows:
    401:6
    The IND District is established to provide areas of industrial development or manufacturing or uses which are compatible with industry or manufacturing. In addition, this District is established to provide for uses compatible under R-1, R-2, C-1, and C-2 districts. It is intended that all uses within this district conform to all, applicable codes and laws pertaining to noise, fumes, smoke, vibrations, odors and other similar· nuisances. It is not intended to permit agricultural development or similar uses except as authorized by this Ordinance.
  3. Section 401:7 be added and slated as follows:
    Any. use undertaken, or structure created at less than the maximum allowable use shall be made at the user’s own risk, particularly that a maximum allowable use may later be made upon other properties within the district.
  4. Section 504:1: be amended as follows
    504:1 Principal Uses and Structures – C-1 District
  5. All uses, and structures permitted in the R-1 District
  6. All uses, and structures permitted in the R-2 District
  7. Retail sales establishments (except drive-in)
  8. Personal services establishments (including drive-in)
  9. Clinics
  10. Offices
  11. Public Utility facilities without storage yards
  12. Dwelling units when located in the second or higher floor level above another principal use.
    401:5
    The C-2 District 1s established to provide areas of general commercial development for the location of uses which are of a retail or personal services nature and for uses which require large spaces in which to conduct a commercial operation. It is intended that any uses permitted do not create a nuisance to surrounding areas by the emission of noise, fumes, smoke, vibrations, odors or other similar by-products which are not compatible with the general atmosphere of the total community. It is not intended that residential development be permitted in this district except as authorized by this Ordinance.
    401:6
    The IND District is established to provide areas of industrial development or manufacturing or uses which are compatible with industry or manufacturing. It is intended that all uses within this district conform to all applicable codes and laws pertaining to noise, fumes, smoke, vibrations, odors and other similar nuisances. It is not intended to permit residential or commercial development or similar uses except as authorized by this Ordinance.
    402 Zoning Map
    The areas comprising the zoning districts and the boundaries of said districts are hereby established as shown on the official zoning map entitled “ZONING MAP, VILLAGE OF BARRYTON, MECOSTA COUNTY, MICHIGAN”.
    402:1
    The Zoning Map, which together with any explanatory matter thereon is hereby adopted by reference and declared to be a part of this Ordinance.
    402:2
    The Zoning Map shall be maintained in the Barryton Village Hall and shall show all changes which are made in district boundaries according to procedures set forth in this Ordinance.
    402:3
    District boundary lines as shown on the Zoning Map, unless otherwise indicated, shall be construed as following lot lines, Barryton Village limits lines, centerlines of highways, streets, roads, alleys easements, railroads, streams or these centerlines extended or projected.
    402:4
    Questions concerning district boundary lines as shown on the Zoning Map shall be decided by the Zoning Board of Appeals.

ARTICLE V
PERMITTED USES BY DISTRICT

501 A-1 District – Permitted Uses and Structures
Within any A-1 District, no structure or premises shall hereafter be used, erected, converted or altered externally in whole or in part if said use is not in accordance with the intent of Subsection 401:1, this Ordinance, except as otherwise provided in this Ordinance, for any other than one or-more of the following permitted uses:
501:1 Principal Uses and Structures – A-1 District

  1. General farming including gardening, crop raising, orchards, nurseries and other similar agricultural activities.
  2. Single family detached dwellings and two-family dwellings.
  3. Private kennels.
  4. Cemeteries.
  5. Public and private conservation areas for the preservation of water, oil, open space, forest or wildlife resources.
  6. Religious institutions; churches, synagogues, temples, etc.
  7. schools, either public or private not operated for a profit.
  8. Day care or nursery.
  9. Governmental administrative buildings.
  10. Public parks and recreation areas.
  11. Foster care facilities.
    All principal uses and structures in the A-1 District shall be subject to the area, location and height restrictions as specified on the accompanying SCHEDULE OF A-1 DISTRICT REGULATIONS or to more restrictive laws, regulations or codes which are legally in force.
    501:2 Accessory Uses and Structures – A-1 District
  12. Private garages and carports.
  13. Stands for display or sales of agricultural products raised on the premises provided that there shall be no more than one (1) stand for each premises and also provided that the size of any such stand shall not exceed four hundred (400) square feet in floor area.
  14. Home occupations including or similar to: barber or beauty shops, brokerage, professional office, art or photographic studio, sale of home-made merchandise, etc.
  15. Permanent outside storage of privately owned major recreational equipment including or similar to campers, boats, travel trailers, snowmobiles, etc. provided that said equipment shall be unoccupied and shall not be located in a front yard.
  16. Any other accessory uses and structures which are similar to the above listed accessory uses and structures which are customarily incident to any of the principal uses and structures.
    All accessory uses and structures in the A-1 District shall be subject to the area, location and height restrictions which are applicable to the principal use to which they are incident and as specified on the accompanying SCHEDULE OF A-1 DISTRICT REGULATIONS or to more restrictive laws, regulations or codes which are legally in force.
    501:3 Special Uses and Structures A-1 District
  17. Retail sales establishments.
  18. Personal services establishments.
  19. Public utilities facilities without storage yards.
  20. Clubs or lodges.
    All special uses and structures in the A-1 District shall be subject to

Schedule of A-1 District Regulations
Minimum Lot Sizes Minimum Yard Max.
Permitted Uses Area Width Front Rear Side Height

  1. General N/R N/R N/R N/R N/R N/R
    Farming
  2. Single Family, 12,000 80 ft. 35 ft. 35 ft. 10 ft. 35 ft.
    Two Family sq. ft.
    Dwellings
  3. Private N/R N/R JS ft. 35 ft. 10 ft. N/R
    Kennels
  4. Cemeteries As Determined by the Planning Commission
  5. Public and N/R N/R N/R N/R N/R N/R
    Conservation
    Areas
  6. Religious 21,000 80 ft. JS ft. JS ft. 10 ft. N/R
    Institutions sq. ft.
  7. Schools, 10 Acres N/R 35 ft. 35 ft. 10 ft. N/R
    Private or
    Public
  8. Day Care 12,000 80 ft. 35 ft. 35 ft. 10 ft. 35 ft.
    or Nurseries sq. ft.
  9. Governmental 1 Acre 80 ft. 35 ft. 35 ft. 10 ft. N/R
    Administrative
    Buildings
  10. Public N/R N/R N/R N/R N/R N/R
    Parks &
    Recreational
    Areas
  11. Foster Care 12,000 80 ft. 35 ft. 35 ft. 10 ft. 35 ft.
    sq. ft.
  12. Accessory 35 ft. 35 ft. 10 ft. 35 ft.
    Uses & Structures
    Not Elsewhere
    Specified
  13. Special Uses As Specified in this Ordinance
    & Structures
    N/R – No minimum/maximum requirements

VILLAGE OF BARRYTON
Council member Dan Hanley moved supported by Paula Hadley , the adoption of the following ordinance.
AN AMENDMENT TO SECTIONS 502 AND 503 OF THE VILLAGE OF BARRYTON ZONING ORDINANCE, CORRECTING A TYPOGRAPHICAL ERROR IN SECTION 502:3 ADDING, 502:4 AND 503:4 WITH PROVISIONS FOR THE ALLOWANCE OF THE REDUCTION OF CERTAIN SET-BACK REQUIREMENTS, EXEMPTING CERTAIN NONCONFORMING LOTS-OF-RECORD FROM THE MINIMUM LOT SIZE AND LOT WIDTH REQUESTS, AND AMENDING SECTIONS 502:2 AND 502:3 TO REFLECT THE RECOGNITION OF THE NEW SECTION 502:4.
WHEREAS, a concern has arisen over the need to correct the confusion created by the typographical error that depicts Sub Section 502:3 on page 34 of the Ordinance as being a second Sub Section 503:3, and
WHEREAS, a concern has arisen over the need to address alternative setback requirements for corner lots and/or Double Frontage Lots to allow structured development and beautification in the Village, and
WHEREAS, the County of Mecosta has successfully adopted a similar method to provide alternatives for determining setbacks in similar situations, and
WHEREAS, the Village Attorney has recommended the following amendment to the Village of Barryton zoning ordinance, and
WHEREAS, after proper public notice was given of the meeting held June 2 9, 1998, at which the proposed zoning ordinance amendment was considered by the Village Council, and a public hearing was conducted on the proposed zoning ordinance amendment, and
WHEREAS, the Village has complied with the procedure outlined in MCL 125.584 for the adoption and amendment of village zoning ordinances,
NOW THEREFORE, THE VILLAGE OF BARRYTON ORDAINS:

  1. Section 502 of the Village Zoning Ordinance, erroneously depicting Subsection 502:3 on pages 34 thereof as Section 503:3, is amended to be correctly numbered ns Subsection 502:3.
  2. Section 502 of the Village Zoning Ordinance is amended by adding Subsection 502:4. It states as follows:
    502:4 Alternate R-1 District Regulations
    I. Setback requirements, excepting waterfront setbacks, for uses that do not fit the minimum area and/or width requirements set forth on Schedule of R-1 District Regulations because they are corner lots and/or Double Frontage Lots, may be reduced by the Zoning Administrator to equal the average of the actual existing setbacks of those lots which are located within 300 feet of, and are on the same side of the street as the lot in question; provided that the front setback shall not be less than 10 feet, and side or rear setbacks arc not less than 4 feet.
    restrictins, regulations and conditions as specified in this Ordinance or to more restrictive laws, regulations or codes which are legally in force.
    502 R-1 District -Permitted Uses and Structures
    Within an R-1 District, no structure or premises shall hereafter be used, erected, converted or altered externally in whole or in part if said use is not in accordance with the intent of Subsection 401:2, this Ordinance, except as otherwise provided in this Ordinance for any other than one or more of the following permitted uses.
    502:1 Principal Uses and Structures – R-1 District
  3. Single family and two-family dwellings.
  4. Governmental administrative buildings.
  5. Schools, either public or private not operated for a profit.
  6. Public medical and health facilities.
  7. Public parks.
  8. Religious institutions; churches, synagogues, temples, etc.
  9. Cemeteries.
  10. Foster care facilities and senior citizen housing.
    All principal uses and structures in the R-1 District shall be subject to the area, location and height restrictions as specified on the accompanying SCHEDULE OF R-1 DISTRICT REGULATIONS or to more restrictive laws, regulations or codes which are legally in force.
    502:2 Accessory Uses and Structures
  11. Private garages and carports.
  12. Private swimming pools.
  13. Home occupations.
  14. Permanent outside storage of privately owned major recreational equipment including or similar to campers, boats, travel trailers, snowmobiles, etc. provided that said equipment shall be unoccupied and shall not be located in a front yard.
  15. The keeping of not more than two (2) roomers or boarders (by a resident family.
  16. Any other accessory uses and structures which are similar to the above listed accessory uses and structures which are customarily incident to any of the principal uses and structures.
    All accessory uses and structures in the R-1 District shall be subject to the area, location and height restrictions which are applicable to the principal use to which they are incident and as specified oh the accompanying SCHEDULE OF R-1 DISTRICT REGULATIONS or to more restrictive laws, regulations or codes which are legally in force.
    503:3 Special Uses and Structures – R-1 District
  17. Rooming houses.
  18. Clubs or lodges.
  19. Public utilities facilities without storage yards.
  20. Retail sales facilities.
  21. Personal services facilities.
    All Special Uses and structures in the R-1 District shall be subject to all restrictions, regulations and conditions as specified in this Ordinance or to more restrictive laws, regulations or codes which are legally in force.

Schedule of R-1 District Regulations
Minimum Lot Sizes Minimum Yard Max.
Permitted Uses Area Width Front Rear Side Height

  1. Single Family 12,000 80 ft. 35 ft. 35 ft. 10 ft. 35 ft.
    Dwelling and sq. ft.
    Two-Family
    Dwellings
  2. Governmental 1 Acre 80 ft. 35 ft. 35 ft. 10 ft. N/R
    Administrative
    Buildings
  3. Schools, 10 Acres N/R 35 ft. 35 ft. 10 ft. N/R
    Public or
    Private
  4. Public 12,000 80 ft. 35 ft 35 ft. 10 ft. 35 ft.
    Medical and sq. ft
    Health
    Facilities
  5. Public N/R N/R N/R N/R N/R N/R
    Parks
  6. Religious 24,000 80 ft. 35 ft. 35 ft. 10 ft. N/R
    Institutions sq. ft.
  7. Cemeteries As Determined by the Planning Commission
  8. Foster Care 12,000 80 ft. 35 ft. 35 ft. 10 ft. 35 ft.
    Facilities and sq. ft.
    Senior Citizens
    Housing
  9. Accessory Uses and Structures 35 ft. 35 ft. 10 ft. 35 ft.
    Not Elsewhere Specified
  10. Special Uses As Specified in this Ordinance
    Structures
    N/R – No minimum/maximum requirements

503 R-2 District – Permitted Uses and Structures
Within any R-2 District, no structure or premises shall hereafter be used, erected, converted or altered externally in whole or in part if said use is not in accordance with the intent of Section 401:3, this Ordinance, unless herein provided, for any other than one or more of the following permitted uses.
503:1 Principal Uses and Structures

  1. All uses permitted in the R-1 District.
  2. Multiple family dwellings and condominiums.
  3. Rooming houses.
  4. Public recreational facilities.
    503:2 Accessory Uses and Structures
  5. All uses permitted in the R-1 District.
  6. Playground equipment.
    503:3. Special Uses and Structures
  7. Grocery stores.
  8. Gasoline service stations.
  9. Public utilities facilities.
  10. Planned Unit Development.
  11. Clubs or lodges.

Schedule of R-2 District Regulations
Minimum Lot Sizes Minimum Yard Max.
Permitted Uses Area Width Front Rear Side Height

  1. Single Family 12,000 80 ft. 35 ft. 35 ft. 10 ft. 35 ft.
    Dwelling and sq. ft.
    Two-Family
    Dwellings
  2. Multiple 3,000 N/R 35 ft. 35 ft. 10 ft. 35 ft.
    Family sq. ft.
    Dwellings and for each
    Condominiums family unit
  3. Rooming 12,000 80 ft. 35 ft. 35 ft. 10 ft. 35 ft.
    Houses sq. ft.
  4. Public N/R N/R N/R N/R N/R N/R
    Recreation
  5. Foster Care 12,000 80 ft. 35 ft. 35 ft. 10 ft. 35 ft.
    Facilities and sq. ft.
    Senior Citizens
    Housing
  6. Accessory Uses and Structures 35 ft. 35 ft. 10 ft. 35 ft.
    Not Elsewhere Specified
  7. Special Uses As Specified in this Ordinance
    Structures
    N/R – No minimum/maximum requirements

504 C-1 District – Permitted Uses and Structures
Within any C-1 District, no structure or premises shall hereafter be used, erected, converted or altered externally in whole or in part if said use is not in accordance with the intent of Section 401:4, this Ordinance unless herein provided, for any other than one or more of the following permitted uses.
504:1 Principal Uses and Structures

  1. Retail sales establishments (except drive-in).
  2. Personal services establishments (including drive-in).
  3. Clinics
  4. Offices
  5. Public utility facilities without storage yards
  6. Dwelling units when located only in the second or higher floor level above another principal use
    504:2 Accessory Uses and Structures
  7. Signs in accordance with this Ordinance.
  8. Other uses customarily incidental and accessory to principal permitted uses.
    504:2 Accessory Uses and Structures
  9. Garages when accessory to a legally permitted residence.
  10. Other uses customarily incidental and accessory to principal permitted uses.
    504:3 Special Uses and Structures
  11. Gasoline service stations.
  12. Other uses compatible with the intent of the C-1 District after review and approval in accordance with the provisions as set forth in this Ordinance.
    All Principal Uses, Accessory Uses and Special Uses in the C-1 District shall be subject to Off-Street Parking and Loading Regulations as specified in this Ordinance.
    There shall be no minimum requirements for lot are, lot width, front yards, rear yards or side yards in the C-1 District.
    Maximum height for all structures in the C-1 District shall be forty (40) feet.
    505 C-2 District – Permitted Uses and Structures
    Within any C-2 District, no structure or premises shall hereafter be used, erected, converted or altered externally in whole or in part if said use is not in accordance with the intent of Subsection 401:5, this Ordinance, except as otherwise provided in this Ordinance for any other than one or more of the following permitted uses:
    505:1 Principal Uses and Structures – C-2 District
  13. Retail sales establishments including drive-in.
  14. Personal services establishments including drive-in.
  15. Clinics.
  16. Offices.
  17. Motels, hotels.
  18. Commercial recreational activities.
  19. New and used automobile sales and service.
  20. Gasoline service stations and body shops.
  21. Theaters including drive-in.
  22. New and used mobile home sales and service.
  23. New and used recreational vehicle sales and service.
  24. Public utility facilities.
    505:2 Accessory Uses and Structures – C-2 District
  25. Storage buildings and storage yards.
  26. Signs in accordance with applicable regulations.
  27. Private garages and storage sheds when accessory to detached single family dwellings lawfully existing at the time of the effective date of this Ordinance.
    505:3 Special Uses and Structures – C-2 District
  28. Warehousing and storage areas.
    All principal and accessory uses in the C-2 District shall be subject to the following area, height and location regulations and also to Off-Street Parking and Loading Regulations according to this Ordinance.
    Special uses shall be subject to applicable regulations according to this Ordinance.
  29. Minimum lot area – one-half (1/2) acre.
  30. Maximum height – forty (40) feet.
  31. Minimum yards
    a. front – twenty-five (25) feet, except that any signs or any off-street parking may be located on the front lot line.
    b. rear – twenty-five (25) feet, except that off-street parking bay be permitted in the required rear yard.
    c. side – fifteen (15) feet for structures only and providing that at least one (1) side yard be clear of storage or display to permit access by emergency vehicles.
    d. corner lots – twenty-five (25) feet from each right-of-way line.
  32. Minimum lot width – none.
  33. Off-Street Parking – in accordance with this Ordinance.
    506 IND District – Permitted Uses and Structures
    Within any IND District, no structure or premises shall hereafter be used, erected, converted or altered externally in whole or in part if said use is not in accordance with the intent of Subsection 401:6, this Ordinance, except as otherwise provided in this Ordinance for any other than one or more of the following permitted uses.
    506:1 Principal Uses and Structures – IND District
  34. Offices.
  35. Industrial research facilities.
  36. Public utilities facilities.
  37. Trade contractors, building materials suppliers and wholesalers.
  38. Radio and television antennae (towers, masts, etc.).
  39. Warehousing.
  40. Ag products storage and sales.
  41. Storage yards.
  42. Transportation, maintenance and servicing facilities.
  43. Industrial plants for manufacturing, processing and assembling.
  44. Machine shops and welding shops.
  45. Gasoline service stations.
  46. Automotive body shops.
  47. Petroleum products storage.
    506:2 Accessory Uses and Structures – IND District
  48. Signs in accordance with applicable regulations.
  49. Any use customarily incidental to the permitted principal use.
  50. Private garages and storage sheds when accessory to detached single family dwellings lawfully existing at the time of the effective date of this Ordinance.
    506:3 Special Uses and Structures – IND District
  51. Sanitary landfills.
  52. Junk yards.
    All principal and accessory uses in the IND District Shall be subject to the following area height and location regulations and also to Off-Street Parking and Loading Regulations according to this Ordinance
  53. Minimum lot area – none.
  54. Minimum height – none.
  55. Minimum yards
    a. Front – 50 ft.
    b. Rear – 25 ft.
    c. Side – 30 ft., each side.
  56. Minimum lot width – none.
  57. Off-Street Parking – in accordance with this Ordinance, provided that, transient or customer parking is allowed in the front yard commencing 25 feet from the street right-of-way line. It is the intent of this section to allow parking within the required front yard provided that a clear, unobstructed area of 25 feet from the right-of-way line is maintained at all times.
    Special uses shall be subject to applicable regulations according to this Ordinance.

ARTICLE VI
SPECIAL REGULATIONS

601 Special Uses and Structures
601:1 Intent
The regulation of land uses in Barryton is accomplished by this Zoning Ordinance which designates zoning districts and sets forth uses allowed in each district. The intent of this Section of the Ordinance is to recognize and provide for certain uses which may not logically belong in any particular district or which may be allowable only if they comply with standards which ensure their being harmonious with the general character of the district in which they may be located.
601:2 General Provisions

  1. Only uses which have been designated as Special Uses in each: respective zoning district shall be considered for approval as Special Uses.
  2. All uses of land or structures which are designated as Special Uses in this Ordinance spall require the granting of a Special Use Permit in accordance with the procedures of Subsection 601:3, this Ordinance, prior to the issuance of a Building Permit.
  3. A request for the approval of Special Use Permit may be considered, provided the following conditions are assured:
    a. The proposed use will comply with all Special Use regulations as specified in Subsection 601:4 as well as complying with all appropriate regulations applicable to the district.
    b. The proposed use is in harmony with the purpose and intent of this Ordinance.
    c. The proposed use will not adversely affect the health and safety of the public and residents of the area and will not be detrimental to the use or development of adjacent properties or of the general neighborhood.
    d. The proposed use will comply with all applicable laws, ordinances and regulations of Barryton, Mecosta County and the State of Michigan.
  4. The Planning Commission may recommend and the Village Council impose additional conditions and. stipulations which are deemed necessary for the protection of the neighborhood and the general welfare of the public.
  5. Approval of a request for a Special Use Permit shall not be granted if the Planning Commission, Village Council or any official of Barryton finds that such Special Use would fail to comply with any of the requirements of this Ordinance.
  6. The Planning Commission or the Village Council may require that the applicant, requesting authorization for a Special Use, furnish any engineering or architectural drawings, specifications, site plans, operating plans or any other reasonable data or information deemed necessary to completely clarify the proposed Special Use.
  7. In any case, where a Special Use has not been established within one year after the granting for approval of the Special Use Permit, then without further action by the Planning Commission or the Village Council the Special Use Permit shall become null and void and the Building Permit shall be cancelled.
  8. Violations of this Section or of any other portions of this Ordinance shall result in the automatic cancellation of the Building Permit and or the Special Use Permit. Reinstatement may be made by the Zoning Administrator when all violations have been corrected.
    601:3 Administration and Procedure
  9. Initiation of Request for Special Use – Any person owning or having an interest in property in Barryton may initiate a request to operate or maintain a Special Use in Barryton by submitting an application for a Special Use Permit. –
  10. Application for Special Use Permit – An application for a Special Use Permit shall be filed with the Zoning Administrator on a prescribed form. The application shall be accompanied by such plans, drawings or other data furnished by the applicant including a written statement by the applicant. Such plans, data and statement shall indicate in necessary detail the type 0£ use, size, location and estimated time until occupancy of the proposed use.
  11. Review of Application by Zoning Administrator – The Zoning Administrator shall review the application and supporting documents and indicate, by endorsement, that the application has been properly executed. Application is then forwarded to Planning Commission for review and hearing.
  12. Review and Hearing by Planning Commission – Upon receipt, in proper form of the Special Use application, the Planning Commission shall review said application to ensure that all conditions of this Section have been complied with. The Planning Commission shall hold at least one public hearing on each application for a Special Use Permit. Notice of said hearing shall be: (a) published in a newspaper of general circulation in Barryton, (b) mailed by certified mail to the applicant, and (c) mailed by U. S. Mail to any owners or occupants of surrounding properties. Notices of public hearing shall be published or mailed no less than fifteen (15) days prior to such hearing.
  13. Recommendation by Planning Commission – For each application for a Special Use Permit, the Planning Commission shall recommend to the Village Council; approval, conditional approval or denial of the Special Use Permit.
    Communication shall state reasons and conditions of recommendation.
  14. Review and Decision by Village Council Upon receipt of the application and supporting data and the recommendation with supporting data from the Planning Commission, the Village Council shall review said application. Based on this review to determine if all conditions have been complied with, the Village Council shall approve or deny the request for the Special Use Permit.
  15. Effect of Approval of Request for Special Use Permit – The Special Use Permit shall become effective on the date of the favorable vote by the Village Council. Approval of the request for the Special Use Permit shall authorize the Zoning Administrator to issue the Permit.
  16. Effect of Denial of Request for Special Use Permit – In the event that a request for a Special Use Permit is denied wholly or in part by the Village Council an application for a permit for the same Special Use shall not be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Planning Commission and the Village Council.
    601:4 Standards for Special Uses and Structures
    Following are the uses and structures which are classified as Special Uses and Structures for which a building permit or certificate of occupancy will be granted provided that the specified conditions, standards and regulations for each use have been met.
  17. Retail sales establishments – A-1, R-1 Districts.
  18. Personal services establishments – A-1, R-1 Districts.
  19. Public utilities facilities – A-1, R-1, R-2 Districts.
  20. Rooming houses – R-1 District.
  21. Clubs or lodges – A-1, R-1, R-2 Districts.
  22. Grocery stores – R-2 District.
  23. Gasoline service stations – R-2, C-1 District.
  24. Planned Unit Development – R-2 District.
  25. Warehousing and storage areas – C-2 District.
  26. Sanitary landfill – IND District.
  27. Junk yards – IND District.
    601:4 1. Retail Sales Establishments – A-1, R-1 Districts
    a. Retail sales establishments may include or be similar to: grocery stores, restaurants and drinking places, variety stores, or any other uses deemed by the Planning Commission to be of a character compatible with the surrounding areas.
    b. The site, lot or parcel accommodating the retail sales or personal services facility shall have a minimum area of one-half (1/2) acre.
    c. The buildings shall be located not less than forty (40) feet from all property lines. The maximum height of said buildings shall be thirty-five feet.
    d. On-site parking shall be provided at a ratio of not less than three (3) square feet of parking area for each one (1) square foot of gross building area. Entrance and exit drives shall be provided to permit safe and convenient access between parking areas and approved public or private roadways. Parking areas and drives shall be improved with compacted gravel, stone or a hard-surfaced material and shall be well drained into an approved drainage system.
    e. Any lighting on the premises, for parking areas, yard lighting, sign lighting or other similar types of exterior lighting shall be a steady light with the source not visible off the premises.
    f. Any retail sales establishment shall be screened on all sides which abut a residential lot or parcel. Said screen may be a fence or wall or planted materials which shall obscure vision and provide a separation between the two uses. Said screen shall be a minimum of five (5) feet in height.
    601:4 2. Personal Services Establishments – A-1, R-1 Districts
    a. Personal services establishments may include or be similar to: professional offices, brokerages, banks or any other uses deemed by the Planning Commission to be of a character compatible with the surrounding area.
    b. The site, lot or parcel accommodating the personal services facility shall have a minimum area of one-half (1/2) acre.
    c. The buildings shall be located not less than forty (40) feet from all property lines. The maximum height of said buildings shall be thirty-five (35) feet.
    d. On-site parking shall be provided at a ratio of not less than three 3) square feet of parking area for each one (1) square foot of gross building area. Entrance and exit drives shall be provided to permit safe and convenient access between parking areas and approved public or private roadways. Parking areas and drives shall be improved with compacted gravel, stone or a hard-surfaced material and shall be well drained into an approved drainage system.
    e. Any lighting on the premises, for parking areas, yard lighting, sign lighting or other similar types of exterior lighting shall be a steady light with the source not visible off the premises.
    f. Any personal services establishment shall be screened on all sides which abut a residential lot or parcel. Said screen may be a fence or wall or planted materials which shall obscure vision and provide a separation between the two uses. Said screen shall be a minimum of five (5) feet in height.
    601:4 3. Public Utilities Facilities – A-1, R-1, R-2 Districts
    a. The public utilities facility may be located within the district when operating requirements are necessary to serve the immediate vicinity.
    b. The site, lot or parcel accommodating each public utilities facility shall have a minimum area of twelve thousand (12,000) square feet.
    c. Any buildings or structures shall be located not less than thirty-five (35) feet from all property lines.
    d. Any lighting on the premises for yard lighting, sign lighting or other similar types of exterior lighting shall be a steady light with the source not visible off the premises.
    e. Surrounding grounds may be used for the temporary parking of service or maintenance vehicles or for parking of employees or attendant’s vehicles while driver is on the premises but shall not be used for the storage of equipment, supplies or construction materials.
    f. Any property line abutting a residential lot or parcel shall be screened-with a fence, wall or planted materials. Said screen shall obscure vision and provide separation between the two uses.
    601:4 4. Rooming Houses – R-1 District
    a. The site, lot or parcel accommodating a rooming house shall have a minimum area of twelve thousand (12,000) square feet and a minimum width of eighty (80) feet.
    b. Any permitted structures shall be located not less than forty (40) feet from front and rear lot lines and not less than ten (10) feet from side lot lines. The maximum height of said structures shall be thirty-five (35) feet.
    c. On-site parking shall be provided at a ratio of on (1) space for each lodging room plus one (1) space for each two (2) permanent residents. Entrance and exit drives shall be provided to permit safe and convenient access between parking areas and approved public or private roadways. Parking areas shall be improved with compacted gravel, stone or a hard-surfaced material and shall be well drained.
    d. Any lighting on the premises, for parking areas, yard lighting, sign lighting or other similar types of exterior lighting shall be a steady light with the source not visible off the premises.
    601:4 5. Clubs or Lodges – A-1, R-1, R-2 Districts
    a. Clubs or lodges are rooms, buildings or other facilities used for the meetings of a group of people organized for a common purpose such as a fraternal organization or a society.
    b. The lot accommodating a club or lodge shall have a minimum area of one (1) acre with a minimum width of eighty (80) feet.
    c. Any buildings or structures on the premises shall be located not less than forty (40) feet from the front lot line, thirty-five (35) feet from the rear lot line and twenty (20) feet from side lot lines. The maximum height of said buildings shall be thirty-five (35) feet.
    d. Off-street parking shall be provided in the rear yard only at a ratio of one (1) space for each two hundred (200) square feet of usable floor area in the building. Entrance/exit drives shall be provided to permit safe and convenient access between parking areas and approved private or public streets. Parking areas shall be paved and well drained to permit runoff of surface water into an improved drainage system.
    e. Any lighting on the premises, for parking areas, yard lighting, sign lighting or other types of exterior lighting shall be a steady light with the source of light not visible off the premises.
    f. Any parking or drive areas which are within a required yard abutting a residential lot shall be screened with a fence or wall or planted materials such as trees or shrubs which shall obscure vision and provide separation between the two uses. Said screen shall be a minimum of five (5) feet in height.
    601:4 6. Grocery Stores – R-2 District
    a. Grocery stores may include but not be limited to: general stores, food markets, supermarkets, delicatessens or other similar food stores established as a convenience shopping facility for residents of the surrounding area.
    b. The site, lot or parcel accommodating the grocery store shall have a minimum area of twelve thousand (12,000) square feet and a minimum width of eighty (80) feet.
    c. Any buildings or structures on the premises shall be located not less than thirty-five (35) feet from the front lot line, thirty-five (35)feet from the rear lot line and ten (10) feet from the side lot lines. The maximum height of any structure shall be thirty-five (35) feet.
    d. Off-street parking shall be provided in the rear yard only at a ratio of one (1) space for each one hundred (100) square feet of usable sales floor area in the building. Entrance/exit drives shall be provided to permit safe and convenient access between parking areas and approved public streets. Parking areas and drives shall be improved surface and well drained to permit runoff of surface water.
    e. Any lighting on the premises, for parking areas, yard lighting, sign lighting or other similar types of exterior lighting shall be a steaady light with the source not visible off the premises.
    f. Any parking or drive areas which are within a required yard abutting a residential lot shall be screened with a fence or wall or planted materials which shall obscure vision and provide separation between the two uses. Said screen shall be a minimum of five (5) feet in height.
    601:4 7. Gasoline Service Stations – R-2, C-1 District
    a. The lot accomodating a gasoline service station shall have a minimum area of twelve thousand (12,000) square feet with a minimum width of eighty (80) feet.
    b. Buildings shall not be located closer than thirty (30) feet from the front and rear lot lines and not closer than ten (10) feet from side lot lines.
    c. Parking and underground store areas and drives may be located within any required yard.
    d. All sales, services and storage shall be within an enclosed building, with the exception of parking and loading areas.
    e. All drives and parking areas shall be paved and well drained into an approved drainage system.
    f. Any gasoline service station which abuts a residential property shall be screened with a fence or wall or planted materials which shall obsure vision and provide separation between the uses.
    g. Drives shall be located so as not to create a traffic hazard between vehicles entering or leaving the service station and vehicles traveling on adjacent streets.
    601:4 8. Planned Unit Development – R-2 District
    Intent
    It is the intent of this Special Use to provide a more desirable living environment by retaining the natural character of the Village through the preservation of open spaces, woodlands, streams, ponds, water frontage, hills, and similar natural assets. It is further intended that this permitted use encourage a more creative approach to residential development through the planned reduction or grouping of lots while maintaining the overall density of the zoning district.
    Procedure
    The Planning Commission may authorize the establishment and occupation of a Planned Development in any R-2 District through the issuance of a Special Use Permit as outlined and directed in Section 501, this Ordinance.
    General Provisions
    In addition to all other requirements to which any Special Use must conform any Planned Development shall meeting the following standards:
  28. Minimum site shall be ten (10) acres.
  29. Ownership shall be under one proprietor* and shall be developed and administered as an integral unit. (*”proprietor” to be defined as a person, firm, association, partnership, corporation or combination of any of them which may hold any interest of ownership in some property).
  30. Average residential density shall not exceed 3.6 dwelling units per acre, except in a mobile home park the density shall not exceed 7 0 dwelling units per acre.
  31. For all area gained through the reduction or grouping of lots an equal area shall be set aside for the common use of the lot owners or residents within the development. This area shall be under legal procedure which shall grant a covenant or deeded interest therein so that it shall be assured of remaining undeveloped.
  32. The proposed Planned Development shall meet minimally all standards herein, as well as State, County, and Village laws or ordinances including the provisions of this Ordinance except as specifically exempted.
    Permitted Uses and Structures
    Within any Planned Development, no structure shall hereafter be used, erected, converted or altered externally in whole or in part if said use is not in accordance with the intent as stated in this Section except as otherwise provided in this Ordinance, for any other than one or more of the following permitted uses:
  33. Principal Uses and Structures
    1) Single family residences.
    2) Two family residences.
    3) Condominiums, townhouses, or other similar housing types which may be defined as privately owned single family dwellings with no side yards between adjacent units. There shall not be more than ten
    4) Multiple family dwellings. There shall not be more than ten (10) units per building.
    5) Mobile homes in a mobile home park.
    6) Recreational areas for the private use of the Planned Development lot owners including, but not limited to: golf courses, tennis courts, swimming pools, skiing and tobogganing hills, and play areas.
    7) Open spaces including, but not limited to: fields, wooded areas, streams, ponds, parks, scenic hills.
    8) General farming excluding the keeping or raising of livestock.
    9) Hotels, motels, eating and drinking establishments to a maximum usage of five percent (5%) of the total site, and providing that the Planned Development has a minimum site area of eighty (80) acres.
  34. Accessory Uses and Structures
    1) Carports and garages.
    2) Storage buildings, provided that they are located on the lot designated for the dwelling; and that they do not exceed four hundred (400) square feet of floor area.
    3) Clubhouses and structures incidental to permitted recreational uses.
    4) Barns and structures associated with general farming, provided that they are located on the designated individual lot.
    Area, Height and Placement Regulations
    Within any Planned Development, no structure shall hereafter be used, erected, converted or altered externally in whole or in part if said use is not in compliance with the following regulations:
  35. Maximum height – thirty-five (35) feet.
  36. Minimum yards
    1) Front – thirty-five (35) feet.
    2) Side – ten (10) feet per single family and two family. No minimum between adjacent multiple family dwellings in the same building, provided that fifteen (15) feet be maintained between any building.
    3) Rear – thirty-five (35) ft. Planning Commission may reduce this requirement for individual lots if the rear yard of the lot 8buts common land, open space or recreation area as required in Paragraph 4 under General Provisions, this Section.
  37. Perimeter setbacks – There shall be a required yard of forty (40) feet along all exterior oundary lines of the Planned Development site. This area shall be landscaped to provide a visual barrier from outside the property.
    General Site and Development Requirements
  38. Access Drive· – there shall be improved access drives which shall provide unrestricted access to a ma or road or highway from the Planned Development site. There shall be a distance of no less than 600 feet between access drives along public roadways.
  39. Parking – there shall be improved, well drained off-street parking areas within the Planned Development at the following ratio:
    1) Residences – two (2) spaces per dwelling.
    2) Hotels, motels – one (1) space per sleeping room plus one (1) space for each three (3) employees.
    3) Eating and drinking places – one (1) space for each three
    4) Mixed or combined uses on the same lot – sum of requirements for the individual uses computed separately.
    5) Any principal or accessory use not listed in Paragraphs 1 or 2 under Permitted Uses and structures, this Section shall conform to regulations which pertain to the permitted use to which it is most closely related. Any additions of nonrelated principal or accessory uses shall require the amendment of this Section of this Ordinance.
  40. The application for a Special Use Permit for the Planned Development will be accompanied by all necessary plans,drawings, specifications and reports indicating all proposed structures and facilities in the Planned Development.
  41. After application for a Special Use Permit for the Planned Development no changes or additions may be made to plans, specifications, etc. such changes will require reapplication for a new Special Use Permit.
    601:4 9. Warehousing and Storage – C-2 District
    a. The site, lot or parcel accommodating any warehousing facilities or storage yards shall have a minimum area of one (1) acre.
    b. Any buildings, or structures used for the containment of stored materials shall be located no closer than fifty (50) feet from any property line.
    c. Any scrap, waste, junk or refuse material and any inoperable mechanical equipment shall be stored in a building.
    d. Any operable mechanical equipment and any materials not classified as scrap, junk or waste may be stored in open yards on the premises providing such storage is no closer than twenty (20) feet from any property line.
    e. Storage yards shall be graded to provide adequate drainage but not to adjoining properties and shall be surfaced with compacted stones or gravel or with a hard-surfaced material.
    f. Any lighting on the premises for parking areas, yard areas, sign lighting or similar types of exterior lighting shall be a steady light with the source not visible off the premises.
    g. There shall be no burning of any waste, scrap, junk or any other similar materials on the premises.
    601:4 10. Sanitary Landfill – IND District
    a. A sanitary landfill as defined by Michigan State Act 641 P.A. 1978, as amended and Michigan Department of Public Health “Solid Waste Management Act”, shall be the only approved method of outdoor disposal of refuse.
    b. Any sanitary landfill within the Village limits shall be owned and operated by the Village.
    c. There shall be no burning of refuse in a sanitary landfill.
    d. A landfill shall not be construed to mean an open dump or a modified open dump.
    e. All sanitary landfill operations shall take place no closer than three hundred thirty (330) feet from any property line.
    f. Any land to be used for a sanitary landfill shall be surrounded by a protective barrier to contain any blowing debris and to discourage entrance to the site except through a controlled gateway.
    g. A landfill site shall be easily accessible in all weather conditions via an improved roadway.
    601:4 11. Junk Yards – IND District
    a. The site, lot, or parcel accommodating any junk yard shall have a minimum area of five (5) acres.
    b. Any building, fences, walls or other structures shall be located no closer than fifty (50) feet from any property line.
    c. Any scrap, waste, junk or other refuse material and, any inoperable mechanical equipment shall be stored in a building or in an open yard surrounded by a solid fence or wall with a height equal to items stored therein but in no case less than ten (10) feet high. A fence or wall may have one or more solid door or gateway for access to yard. Junk items stored five hundred feet or further from any property line need not be obscured by a fence or wall.
    d. Any operable equipment and any materials not classified as scrap, junk or waste may be stored in open yards without a surrounding fence provided that said equipment or materials are located no closer than fifty (50) feet from any property line.
    e. Storage yards shall be graded to provide adequate drainage and shall be surfaced with compacted stones or gravel or with a hard-surfaced material.
    f. Any lighting on the premises for parking areas, yard areas, sign lighting or other similar types of exterior lighting shall be a white, steady light with the source not visible off the premises.
    g. There shall be no burning of any waste, scrap, junk or other similar materials on the premises.
    602 Non-Conforming Uses and Structures
    When a Zoning Ordinance is developed and adopted or amended, rules and regulations are imposed which would prevent the establishment or retention of certain existing land uses and structures in the places where they are located. These uses, and structures are referred to as “non-conforming”. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival.
    602:1 General Rules for Non-Conforming Uses and Structures
  42. A non-conforming use or structure is that which is not specifically designated in a given zoning district as a principal use, accessory use or special use but was lawfully existing immediately prior to the time this Ordinance became effective.
  43. A non-conforming use or structure can be made conforming only by:
    a. Ordinance amendment.
    b. Changing the use or structure to that as listed as principal, accessory or special use as designated in the district concerned as provided by this Ordinance.
    c. Variance, provided that only the terms of this Ordinance such as lot size, lot dimension, distance from lot lines or height restrictions are involved.
  44. A non-conforming use or structure may not be enlarged, extended, increased or moved in any district in which this use is not designated as a principal, accessory or special use.
  45. If the operation of a non-conforming use or structure ceases for any reason for a period of more than one hundred eighty (180) days, the subsequent use of the land or structure shall be treated using the regulations specified in this Ordinance for a special use in the district in which the land or use or structure is located. In the event that a non-conforming use or structure has been terminated due to action by any governmental agency or if the use is of a seasonal nature and has ceased to operate for a period of twelve (12) or more months, reinstatement for operationn may be made by action taken by the Barryton Village Council with a favorable vote.
  46. A non-conforming use or structure may revert to another non-conforming use or structure providing that in the opinion of the Zoning Board of Appeals the new use is of a nature that is less non-conforming than the original use.
  47. Any non-conforming use or structure may be materially altered or repaired to bring it to a safe condition provided that the cubic content of such use or structure is not enlarged.
  48. Change of ownership of a non-conforming use or structure does not remove the non-conforming status nor does it change any time limits imposed by this Ordinance.
  49. If any parcel of land has located oh it a non-conforming use or structure, no additional structure shall be erected, placed or otherwise located on such parcel until the non-conformity is removed.
  50. In the event that a non-conforming use or structure has been accidentally destroyed or damaged to any extent, such non-conforming use or structure may be repaired or replaced providing reconstruction does not in any way increase its non-conformity.
    Any debris that is remaining as a result of the destruction or damage shall be removed from the site within thirty (30) days. Also, providing that substantial evidence of construction be shown within the subsequent twelve (12) month period.
    602:2
    Repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed in or on a non-conforming structure or portion of a structure containing a non-conforming use provided:
  51. During any consecutive twelve-month period, extent of repair or replacement $hall not exceed ten percent (10%) of the current replacement cost of the non-conforming structure;
  52. Cubic contents of the structure shall not be increased;
    Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
    602:3 Replacement Cost
    Replacement cost as used in the above provisions is the cost of restoring the structure to its original condition as appraised by a qualified appraiser employed by the Village Council. Persons aggrieved by said appraisal may appeal to the Zoning Board of Appeals.

VILLAGE OF BARRYTON
Council member· JAMES BARRY moved supported by PAULA HADLEY , the adoption of the following ordinance.
AN AMENDMENT TO SECTION 602 OF THE VILLAGE OF BARRYTON ZONING ORDINANCE, ADDING §602:4 WITH PROVISIONS FOR RECOGNIZING VALID NONCONFORMING USES AND STRUCTURES
WHEREAS, a concern has arisen over the need to recognize and track valid non-conforming uses and structures, and
WHEREAS, in the absence of a process by which valid non-conforming uses and structures can be recognized and registered, landowners and the zoning administrator are left with significant uncertainty over the zoning status of, property in the Village, and
WHEREAS, the Village Attorney has recommended the following amendment to the Village of Barryton zoning ordinance, and
WHEREAS, after proper public notice was given of the meeting held JANUARY 8, 1997 , at which the proposed zoning ordinance amendment was considered by the Village Council, and a public hearing was conducted on the proposed zoning ordinance amendment, and
WHEREAS, the Village has complied with the procedure outlined in MCL 125.584 for the adoption and amendment of village zoning ordinances,
NOW, THEREFORE, THE VILLAGE OF BARRYTON ORDAINS:

  1. Section 602 of the Village Zoning Ordinance is amended by adding Section 602:4
    602:4 Recognition of non-conforming uses and structures
  2. The zoning administrator shall investigate all known or alleged non- conforming uses and structures and shall report each alleged non-conforming use or structure to the Village Council along with a recommendation to recognize or deny the existence of the alleged non-conforming use or structure based on the applicable provisions of the Barryton Zoning Ordinance generally found in Section 602.
  3. Upon a finding or determination by a majority of the Village Council that an alleged non-conforming use or structure actually exists within the meaning of the Barryton Zoning Ordinance, the zoning administrator shall issue to the property owner written recognition of the non-conforming use or structure, specifying the zoning district, the road address and legal description of the affected parcel, and the nature of the non- conforming use or structure. A copy shall be kept by the zoning administrator.
  4. A property owner, the zoning administrator, or the Village Council can request recognition of an alleged non-conforming use or structure according to the · procedure described in Section 602:4.
  5. A property owner shall be given the opportunity to present testimony, exhibits, and other evidence before the Village Council in support of a request to recognize a non-conforming use or structure.
  6. The procedure in Section 602:4 shall 1be the only method for recognizing valid non-conforming uses and structures in the Village of Barryton.
  7. The Village Council may require a site plan or sketch of the site or structure(s) from the property owner as a condition to recognizing the exact size, location, dimensions or other characteristics of the non-conforming use or structure.
  8. The decision ·of the Village Council shall be final. However, a person having an interest affected by a decision of the Village Council may appeal to circuit court according to the statutory process provided in MCL 125.585(11); MSA 5.2935(11).
  9. This ordinance amendment shall be effective thirty (30) days after adoption by the Village Council, which is FEBRUARY 7, 1997
  10. The Village Clerk shall publish 1 notice of adoption in the newspaper within 15 days of adoption.
    Yeas:5 (FIVE} Nays: 0 (NONE)
    The Village President declared the Ordinance adopted
    Dated: January 8, 1997
    Published Barryton Village
    President
    Barryton Village Clerk

ARTICLE VII ADMINISTRATION AND ENFORCEMENT

701 Village Council
701:1 Establishment and Authority
The Village Council is established by provisions of the Village Charter by which all powers of the Village shall be vested and all matters of policy of the Village shall be determined by the Council. For the purposes of this Ordinance, the Village Council, as provided in the Village Charter and in Michigan State Statutes as amended, Act 285 P.A. 1931 and Act 207 P.A. 1921 may develop and maintain or may appoint a Planning Commission, Zoning Board of Appeals and a Zoning Administrator to develop and maintain a Zoning Ordinance and to report any findings, violations and recommendations to the Village Council for appropriate legislative action.
701:2 Duties and Procedures
For the purposes of administering this Ordinance all matters concerning Zoning shall be directed to the Village Council for referral to the appropriate official, commission or board for proper action. In any case which will involve an amendment or change to the text or map of this Ordinance the Village Council shall adopt a resolution directing the Planning Commission to conduct a public hearing and to make recommendations back to the Village Council for final legislative action. In all matters pertaining to the administering of this Ordinance, the decision of the Village Council shall be final except for appeals which have been decided by the Zoning Board of Appeals in accordance with Section 703, this Ordinance and Section 5, Act 207 P.A. 1921, as amended.
702 Village Planning Commission
702:1 Appointment and Establishment
The Village Planning Commission is authorized by the provisions of the Municipal Planning Commission Act being Act 285, P.A. 1931 State of Michigan which states that the Planning Commission shall be appointed by the Village Council. For the purposes of administering this Ordinance and by authority of the City and Village Zoning Act, being Act 207, P.A. 1921 State of Michigan, the Village Council may appoint the Village Planning Commission to perform the duties as specified in said Act.
702:2 Duties and Responsibilities
The Planning Commission is authorized to adopt Rules of Procedure consistent with the statutes of Michigan, the provisions of the Village Charter and the provisions of this Ordinance. The Planning Commission as directed by the Village Council shall develop and administer this Ordinance. All matters pertaining to the amendment or the changing of the Ordinance text or map or for a Special Use Permit request shall be referred to the Planning Commission For each request for an amendment or change of the Ordinance or for Special Use Permit the Planning Commission shall review the request; conduct a Public Hearing and forward recommendations for approval, conditional approval or denial to the Village Council which shall make the final decision on the request.)
703 Zoning Board of Appeals
703:1 Appointment and Establishment
The Zoning Board of Appeals is authorized by the provisions of the City and Village Zoning Act, being Act 207, P.A. 1921 State of Michigan which states that the Village Council may act as Zoning Board of Appeals or the Village Council may appoint the Zoning Board of Appeals. The Board of Appeals shall be appointed in accordance with Section 5 of Act 207, P.A. 1921. Such Board of Appeals shall consist of not less than five (5) members and it may fix rules and regulations to govern its procedure.
703:2 Duties and Responsibilities
The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirements, decision or determinations made by an administrative official charged with the enforcement of this Ordinance. The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property nor to make any change in the terms of this Ordinance but does have the power to act on those matters where this Ordinance provides for administrative review or interpretation and to authorize a variance after proper review and public hearing. Any decision of the Zoning Board of Appeals, after following correct and lawful procedure, shall be final after the expiration of five (5) days from the date of entry of such decision unless the Zoning Board of Appeals shall find the immediate effect of such order is necessary for the preservation of property or personal rights and shall so certify on the record.
704 Zoning Administrator
704:1 Appointment and Authority
The Zoning Administrator may also be the Building Inspector, Village Manager, Village Administrator or any other official who shall be charged with administering this Ordinance. The Zoning Administrator may be employed in accordance with Section 5 of Act 285 Michigan P.A. 1931, as amended and the provisions of the Village Charter.
704:2 Duties and Responsibilities
The Zoning Administrator shall be responsible for the updating and maintenance of the “master copy” of the Zoning Ordinance text and map. He shall be thoroughly familiar with the provisions of this Ordinance in order to administer it adequately.
The Zoning Administrator shall make periodic checks of all properties in the Village to assure compliance with this Ordinance. Any violations of this Ordinance shall be reported in writing to the Village Council for further action.
The Zoning Administrator shall review all applications for Building Permits to assure that the proposed use is in compliance with the terms of this Ordinance.
The Zoning Administrator shall receive all requests for rezoning, Ordinance amendments, variances, Special Use Permits and to forward these requests to the proper official, commission or council. He shall, under no circumstances, be permitted to make changes in any part of this Ordinance or to vary the terms of this Ordinance in carrying out his duties as Zoning Administrator.
Prior to the occupancy of any structure or use permitted by the provisions of this Ordinance, the Zoning Administrator shall issue a Certificate of Occupancy stating that the proposed use is in compliance with the provisions of this Ordinance.
The Zoning Administrator shall act as a non-voting advisor to the Village Council, Planning Commission and Zoning Board of Appeals. Any information, data or statements presented to these bodies by the Zoning Administrator shall be purely advisory in nature or the purpose of clarification and coordination and will not restrict decisions made by these bodies.
All applications for building permits submitted to the Zoning Administrator for review shall be accompanied by a Zoning Permit. Such Zoning Permit shall consist of a drawing on a sheet of paper no smaller than 8-1/2″ x 11″ prepared by the applicant. This drawing shall indicate the size, shape and location of the lot, size, shape and location of the proposed building or use and shall be sufficiently dimensional so as to be clearly understood. The permit shall contain the signature of the applicant to verify intent and the signature of the Zoning Administrator to verify review. Both signatures shall be dated.
705 Public Hearings
Official Public Hearings shall be conducted by the respective agency, board, commission, board of appeals or legislative body at any time this Ordinance is· amended, supplemented, changed or otherwise altered or in any circumstance in which a Public Hearing is required by State enabling legislation, Village Charter or this ordinance.
Each Public Hearing shall be for the purpose of permitting residents and property owners to state views, opinions, suggestions and questions about the item for which the Hearing is being held. Public Hearings shall be open for public attendance and participation within the procedures adopted for conducting such Hearing.
Each Public Hearing shall be conducted in accordance with the procedures adopted by the respective board, commission or council. An official record of each Public Hearing shall be made by means of a verbatim transcript, a copy of which shall be maintained as a public record.
705:1 Zoning Ordinance Amendment Hearings
For each proposed amendment to this Ordinance the Village Council, by resolution, shall direct the Planning Commission to conduct at least one (1) Public Hearing and to forward its recommendations for approval or denial to the Village Council. For each proposed amendment for which the Planning Commission has forwarded its recommendation, the Village Council may conduct a (1) Public Hearing.
Each Public Hearing shall be announced not less than fifteen (15) days prior to the date of the Hearing by publication in a newspaper of general circulation in the community and by registered mail to all public utilities and railroads operating within the Corporate Limits of the Village. Each Public Hearing notice shall state the date, time and place of the Public Hearing.
705:2 Special Use Permit Hearings
For each application for a Special Use Permit the Planning Commission shall conduct a Public Hearing in accordance with procedures outlined in Subsection 601:3, this Ordinance. Matters to be considered shall be the provisions as stipulated for respective uses in accordance with Subsection 601:4, this Ordinance.
705:3 Appeals Hearings for Interpretation, Administrative Review
or Variance
For each case in which the Zoning Board of Appeals has the authority to act on matters concerning interpretation, administrative review or a variance the Board of Appeals shall conduct a Public Hearing.
Each Public Hearing shall be announced not less than fifteen (15) days prior to the date of the Hearing by publication in a newspaper of general circulation in the community and by personal delivery or by U. S. Mail to the appellant, to the officer from whom the appeal is taken, to the respective owners on record of real property within three hundred (300) feet of the property in question and to the occupants of all single and two-family dwellings within three hundred (300) feet at the addresses given in the last assessment, roll. If the tenants name is not known, the term “Occupant” may be used.
706 Violations and Penalties
Any owner or agent, and any person or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be liable to a fine of not more than $200.00 or to imprisonment for not more than ninety days, or to both such. fine and imprisonment. Each and every day such violation continues shall be deemed a separate and distinct violation.
The owner of any building or structure, lot or land or part thereof, where anything in violation of this Ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of such violation shall each be guilty of a separate violation and upon conviction thereof, shall each be liable to the fine or imprisonment, or both, as specified in this Section.
707 Validity
Should any Section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of this Ordinance as a whole or any part thereof, other than the part so declared to be invalid.
708 Conflicting Ordinances
All other ordinances and parts of ordinances or amendments thereto, of the Village of Barryton, in conflict with the provisions of this Ordinance are hereby repealed.
709, Effective Date
This Ordinance shall take effect on JUNE 1·, 1988 (date)

The Village of Barryton is an equal opportunity provider