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Barry City Zoning Code

CHAPTER 3

GENERAL PROVISIONS

10-3-1: ZONING DESIGNATION OF STREETS AND PUBLIC WAYS:

All streets, alleys and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, or railroad rights of way. Where the centerline of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-3-2: BUILDING USE TO COMPLY WITH DISTRICT REGULATIONS:

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located. All buildings within the city limits of the city of Barry shall be in compliance with section 10-6-1 of this title. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990; amd. Ord. 2009-1, 1-5-2009)

10-3-3: HEIGHT LIMITS:

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, radio and television aerials or antennas, wireless masts, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than twenty five feet (25') the height limits of the district in which it is located, except that aerials or antennas designed to aid home television reception and shortwave radio may be erected to a height not to exceed sixty feet (60') from the ground level, provided said aerial or antenna is attached to the building or erected in the rear yard area. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-3-4: CONFORMANCE WITH AREA REGULATIONS:

No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the area regulations of the district in which the building is located. All buildings within the city limits of the city of Barry shall be in compliance with section 10-6-1 of this title. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990; amd. Ord. 2009-1, 1-5-2009)

10-3-5: YARDS AND OPEN SPACES:

   A.   Building Or Dwelling Groups: No space which, for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this title, may, by reason of change in ownership or otherwise, be counted, or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other reason.
   B.   Restrictions As To Other Buildings: The minimum yards or other open spaces, including lot areas per family, required by this title for each and every building existing at the time of passage hereof or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-3-6: BUILDINGS AND STRUCTURES RESTRICTED ON LOTS:

   A.   One Building Per Lot: Every building hereafter erected or structurally altered to provide dwelling units shall be located on a "lot" as herein defined, and in no case shall there be more than one such building on one lot unless otherwise provided in this title.
   B.   Structures On Rear Of Lot: No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling; except that in a two (2) story garage with living quarters upon the second floor, such quarters may be occupied by a servant (and his/her family) of the family occupying the main structure. There may also be constructed a guesthouse (without kitchen) or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others as a housekeeping unit. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-3-7: USE OF LOTS OR TRACTS NOT IN COMPLIANCE:

Any separate tract, the title of which was of record at the time of the adoption hereof, that does not meet the requirements of this title for yards, courts, or other areas of open space may be utilized for single residence purpose, provided the requirements for such yard or court (or lot) area, width, depth or open space is within seventy five percent (75%) of that required by the terms of this title. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-3-8: EASEMENT OR STREET ACCESS REQUIRED:

No building shall be constructed or erected upon a lot or parcel of land which does not abut upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of fifteen feet (15'), unless an easement of lesser width was of record prior to the adoption of the amended ordinance codified herein. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-3-9: VISIBILITY AT INTERSECTIONS:

No wall, fence, or shrubbery shall be erected, maintained or planted on any lot which unreasonably obstructs or interferes with traffic visibility on a curve or at any street intersection. All walls, fences or other shrubbery shall be in compliance with title 9, chapter 3 of this code. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990; amd. Ord. 2009-1, 1-5-2009)

10-3-10: START OF CONSTRUCTION PRIOR TO TITLE ADOPTION:

Nothing in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption hereof and upon which building actual construction was lawfully begun prior to the adoption hereof and upon which building actual construction has been diligently carried on; and provided further, that such building shall be completed within two (2) years from the date of passage and publication hereof. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-3-11: PARK OR SCHOOL SITE DESIGNATIONS:

An area indicated on the official zoning map as a public park or recreation area, public utility area, cemetery, public school site, or semipublic open space shall not be used for any other purpose, and when the use of the area is discontinued, it shall automatically be zoned R-1 single- family district, until otherwise zoned. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-3-12: ZONING OF ANNEXED AREAS:

Any area annexed to the city shall, upon such annexation, be automatically zoned R-1 single-family district, until otherwise zoned. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-3-13: TEMPORARY BUILDINGS:

"Temporary buildings" shall be defined as any structure which is not permanently fixed to the ground. The provisions of this chapter shall apply to all buildings regardless of whether the building is a temporary or permanent structure. Further, all buildings both permanent and temporary shall be in compliance with section 10-6-1 of this title.
Plans for temporary buildings and a plat therefor must be submitted and approved by the city public works director and/or city administrator. The plan for temporary buildings must accurately describe the materials to be used for the construction of the temporary building. In the event that either the plans or the materials are deemed inadequate for health, safety or aesthetic reasons, the city public works director and/or the city administrator may reject the plans and material specifications and require a revision or resubmission of plans and material prior to the issuance of a permit. (Ord. 2009-1, 1-5-2009)