This chapter was originally adopted under the authority of, and in accordance with the provisions of the City and Village Zoning Act (PA 207 of 1927). The continued administration of this chapter, amendments to this chapter, and all other matters concerning operation of this chapter shall be done pursuant to the Michigan Zoning Enabling Act, as amended (PA 110 of 2006, MCL 125.3101 et seq.), also referred to as the MZEA.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

This chapter shall be known and may be cited as "The Zoning Code of the Village of Brooklyn." The zoning map referred to in this chapter is entitled "Zoning Map, Village of Brooklyn."

(Ord. No. 2021.03.01, § 1, 3-8-2021)

This chapter has been established for the purpose of:

(1)

Promoting and protecting the public health, safety and general welfare;

(2)

Protecting the character and stability of the recreational, residential, commercial and industrial areas, and promoting the orderly and beneficial development of such areas;

(3)

Preventing the overcrowding of land and undue concentration of population by regulating the intensity of use of land and the area of open spaces surrounding buildings and structures necessary to provide adequate light, air and privacy to protect the public health;

(4)

Lessening and avoiding congestion on public highways and streets;

(5)

Providing for the needs of recreation, residence, commerce and industry in future growth to conform with the most advantageous uses of land, resources and properties, with the reasonable consideration of other things, the general and appropriate trend and character of land, building and population development as studied and recommended by the planning commission and the village;

(6)

Encouraging the most appropriate use of lands in accordance with their character and adaptability, and prohibiting uses which are incompatible with the character of development permitted within specified zoning district;

(7)

Conserving the taxable value of land and structures;

(8)

Conserving the expenditure of funds for public improvements and services;

(9)

Protecting against fire, explosion, noxious fumes and odors, heat, dust, smoke, glare, noise, vibration, radioactivity and other nuisances and hazards in the interest of the people; and

(10)

Providing for the completion, restoration, reconstruction, extension or substitution of nonconforming uses.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

Every building and structure erected; every use of any lot, building or structure established; every structural alteration or relocation of an existing building or structure occurring; and every enlargement of or addition to an existing use, building or structure occurring after the effective date of the ordinance from which this chapter was derived shall be subject to all regulations of this chapter, which are applicable in the zoning district in which such building, structure or lot is located.

(b)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance from which this chapter was derived, provided that construction shall be completed within 365 days of such effective date and be subject thereafter to the provisions of division 2 (nonconformities), article V (administrative and amendment procedures) of this chapter. The adoption of this chapter shall not limit the construction of any building or structure for which a zoning permit had been obtained prior to the effective date of adoption or amendment of the ordinance from which this chapter was derived even though such building or structure does not conform to the provisions of this chapter, provided that work shall commence and be carried on within 30 days of obtaining such permit and be subject thereafter to the provisions of division 2 (nonconformities), article V (administrative and amendment procedures) of this chapter.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

See article VII (rules of construction and definitions) for the rules of construction and definitions.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The regulations established by this chapter within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety and general welfare, and shall not preclude the establishment of higher or more restrictive standards or requirements as found necessary by the planning commission to attain the purposes of this chapter.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

Conflicting laws of a more restrictive nature are not affected or repealed by this chapter. The provisions of this chapter shall be considered as minimum. Conflicting laws of a less restrictive nature, or those conflicting in other ways than the degrees of restrictiveness, are hereby repealed.

(b)

This chapter is not intended to abrogate or annul any easement, covenant or other private agreement, provided that where any provision of this chapter is more restrictive or imposes a higher standard or requirement that such easement, covenant or other private agreement, the provisions of this chapter shall govern.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

If any court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not included in such ruling. If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular land, parcel, lot, district, use, building or structure, such ruling shall not affect the application of such provision to any other land, parcel, lot, district, use, building or structure not specifically included in such ruling.

(Ord. No. 2021.03.01, § 1, 3-8-2021)