PROCEDURES FOR ZBA 004 –
SPECIAL USE PERMIT
This permit is used when a zoning permit
is denied due to noncompliance of property use within the zoning ordinance or a New Business Registration shows the use to
be noncompliant within the zoning ordinance as follows:
If an applicant wishes to use any land zone for any of the special uses listed in Chapter
14 (as listed below) of the Zoning Ordinance they must apply for a special use permit which requires a Public Hearing by the
Zoning Board of Appeals.
(1) Tavern, including any establishment where beer, wine or liquor is
sold for consumption on the premises
(2) Junkyard
(3) Automobile sales lot
(4) Mineral
extraction - sand, gravel, metals, etc.
(5) Swimming pools
(6) Stripping of soil
(7) Auction
houses - merchandise or livestock
(8) Automobile repair
(9) Automobile service stations
(10)
Automobile wash
(11) Veterinary clinic
(12) Kennels
(13) Garbage or
trash disposal areas, dumps, sanitary landfill
(14) Riding stables
(15) Mobile home or trailer
(16)
Rooming houses, dormitories, fraternity and sorority houses
(17) Trailer type vehicles for temporary seasonal
travel - if to be lived in for a period not to exceed thirty (30) days. Such use will only be permitted
if sanitary facilities are provided and in no event shall exceed ninety (90) days
(18) Basement houses
- permit to be issued for a period not to exceed one (1) year unless the upper portion of the structure is enclosed.
A one (1) year extension may be granted by the Zoning Administrator in documented hardship cases
A. After receiving a denied zoning permit request or New
Business Registration, submit a special use permit request to the Village Clerk – include the following:
Required fee
Location of property involved in request
Name and address of applicant
Legal description of property
Present zoning of property
Statement of request (Home occupations
must include the nature of the home occupation in the description of their request)
Site plan (to scale)
including -
property
lines; all existing and new buildings/fixtures; exact distances between all of the following: existing buildings/fixtures,
new buildings/fixtures, property lines and any of the previously stated buildings/fixtures. Home occupations must also include
total floor area of the first floor of the residence and area of room(s) and sketch floor plan of the room(s) to be utilized
in the conduct of the home occupation.
B. The request will be given to the Zoning
Board of Appeals and the Planning Commission (for their approval of use)
C. At the
next scheduled meeting, the Zoning Board of Appeals will set a public hearing
Usually
scheduled for the next months ZBA meeting – this allows for the notifications
sent to the neighboring residents and a notice to be published in the paper
(ZBA meets once a month on the third Thursday of the month)
D. Property owner submitting request should attend the public hearing to answer any questions asked.
E. Approved request (with or without stipulations)
If building is part
of the request - take approved request to Barry County for building permits
PCI (Professional Code Inspections of MI)
109 S Church St
Hastings, MI
269-948-4088
If no building is including –
use is permitted
F. Denied request
1. drop request
2. reapply to Zoning Board of Appeals
(with any revisions needed)
SPECIAL
USE PERMIT REQUEST
APPEAL TO THE ZONING BOARD OF APPEALS
Requires
approval of Zoning Board of Appeals
Requires a public hearing
If an applicant
wishes to use any land zone for any of the special uses listed in Chapter 14 (as listed below) of the Zoning Ordinance they
must apply for a special use permit which requires a Public Hearing by the Zoning Board of Appeals. Upon
payment of the Appeal Fee, a hearing will be scheduled. Application must be presented to the Village Office.
(Zoning Ordinance Section 14)
(1) Tavern, including any establishment where beer, wine or
liquor is sold for consumption on the premises
(2) Junkyard
(3) Automobile
sales lot
(4)
Mineral extraction - sand, gravel, metals, etc.
(5) Swimming pools
(6) Stripping
of soil
(7)
Auction houses - merchandise or livestock
(8) Automobile repair
(9)
Automobile service stations
(10) Automobile wash
(11) Veterinary
clinic
(12)
Kennels
(13)
Garbage or trash disposal areas, dumps, sanitary landfill
(14) Riding stables
(15)
Mobile home or trailer
(16) Rooming houses, dormitories, fraternity and sorority
houses
(17)
Trailer type vehicles for temporary seasonal travel - if to be lived in for a period not to exceed thirty (30) days.
Such use will only be permitted if sanitary facilities are provided and in no event shall exceed ninety (90) days
(18)
Basement houses - permit to be issued for a period not to exceed one (1) year unless the upper portion of the structure
is enclosed. A one (1) year extension may be granted by the Zoning Administrator in documented hardship
cases
Cost of permit - $ 200.00 -
paid ___
Date ___________________
I.
Location of property: ______________________________________________________________________
Name of applicant: _______________________________________Telephone
# ________________________
Address
of applicant: ________________________________________________________________________
Please attach a copy of the legal description of property
Present zoning classification:
M____ B-1 ____ R-2 ____R-1 ____ F-1 ____ PUD ____ RR ____ other: _______________________
II. Applicant’s request:
_______________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Applicant
must complete parts I and II of this form (Home occupations must include the nature of the home occupation in the description
of their request) and prepare a drawing of the property in question. Such drawing must be to scale, clearly show the proposed
changes. Home occupations must also include total floor area of the first floor of the residence and area of room(s) and sketch
the floor plan of the room(s) to be utilized in the conduct of the home occupation.
III. Action by the Zoning Board
of Appeals: Denied ____ Approved ____ Approved with stipulations ___ (specifically
indicate special use that is allowed)
_______________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________
(Attach
Zoning Board of Appeals minutes concerning this action)
________________________________________________________
_________________________________________
Signature of Zoning Board of Appeals Chairperson
Date
NOTE –
filling this application implies that the property owner is giving permission for the Zoning Board members to visit, walk
on or around the property either individually or as a group, to investigate the application request when/if
needed.