Pursuant to the authority granted to the Village of Sparta by the Public Acts of the State of Michigan, this chapter is established for the following purposes:

(1)

To promote and protect the public health, safety and general welfare;

(2)

To protect the character and the stability of the open space, residential, and nonresidential areas within the Village of Sparta and promote the orderly and beneficial development of these areas;

(3)

To provide adequate light, air, privacy and convenience of access to property;

(4)

To regulate the intensity of use of land and lot areas and determine the area of open spaces surrounding buildings and structures necessary to provide adequate light and air and to protect public health;

(5)

To lessen and avoid congestion on the public highways and streets;

(6)

To protect the public and adjacent uses from fire, explosion, noxious fumes or odors, excessive heat, dust, smoke, glare, noise, vibration, and other health and safety hazards;

(7)

To prevent the overcrowding of land and undue concentration of buildings and structures, so far as possible and appropriate, in each zoning district by regulating the use and bulk of buildings in relation to the land surrounding them;

(8)

To enhance the social and economic stability of the village;

(9)

To enhance the aesthetic desirability of the environment throughout the village; and

(10)

To conserve the expenditure of funds for public improvements and services.

(Ord. No. 04-07, § 1(1.01), 7-12-2004)

(a)

Zoning districts in this chapter each have an intent and purpose based on the Village of Sparta Master Plan. The districts are located to be adequate to handle long-term needs, and yet must be monitored to accommodate any necessary changes or updates as conditions change over time.

(b)

While the regulations provide some limitations on the use of properties, the chapter is intended to provide landowners with a range of choices, flexibility, and options for development, consistent with the purposes of this chapter.

(Ord. No. 04-07, § 1(1.02), 7-12-2004)

(a)

In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, or general welfare. It is not intended by this chapter to impair or interfere with any other existing provision of law or ordinance. However, where this chapter imposes a greater restriction than is required by existing chapter or by rules, regulations, or permits, the provisions of this chapter shall control.

(b)

Except as otherwise noted in this chapter, nothing in this chapter shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, zoning classification, or any impermissible activities therein; and all rights are hereby declared to be subject to any subsequent amendment, change or modification hereof as may be necessary to preserve or protect public health, safety, and welfare.

(Ord. No. 04-07, § 1(1.03), 7-12-2004)

This chapter shall be known and may be cited as the "Village Of Sparta Zoning Ordinance."

(Ord. No. 04-07, § 1(1.04), 7-12-2004)

The right to continue a land use or activity or construct a building or structure which is either permitted by this chapter or established as a nonconforming building or use shall be vested with the property rather than the owner. No rights shall be terminated or gained for reasons of transfer of ownership. The right to continue a land use or activity shall transfer automatically upon the conveyance of the property unless terminated pursuant to section 82-124, Nonconforming uses, structures, and lots, of this chapter.

(Ord. No. 04-07, § 1(1.05), 7-12-2004)

(a)

[Generally:] Except as otherwise provided for in this chapter, 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, and every enlargement of, or addition to, an existing use, building and structure occurring after the effective date of this chapter, shall be subject to this chapter.

(b)

Permitted uses: All uses specifically listed under the heading "Permitted Uses" shall be allowed when determined to be in accordance with all provisions of this chapter and all other applicable laws, regulations or chapters having jurisdiction over the proposed use of land. Where not specifically permitted, uses are prohibited, unless determined by the zoning administrator to be similar to a use as provided in subsection (d), either as a permitted use or a special land use.

(c)

Special land use: All uses specifically listed under the heading of "Special Land Uses" in the district description contained in this chapter shall be conducted in accordance with the requirements of chapter 14, Special Land Uses, of this chapter. Where not specifically permitted, uses determined by the zoning administrator to be similar to a special land use as provided in subsection (d), shall be processed as a special land use.

(d)

Uses not specifically mentioned:

(1)

Any use of land or development activity not specifically mentioned in this chapter shall be classified by the zoning administrator. No use shall be allowed in a district under the terms of this section if the use is specifically listed as a permitted use or as a special land use in any other district.

(2)

In making a determination of use classification, the zoning administrator shall consider the following in comparison with other uses allowed in the district:

a.

The land area required by the proposed use;

b.

Potential environmental hazards of the proposed use;

c.

The potential impact on surrounding properties in terms of traffic, noise, lighting, property valuation and views;

d.

Demand and capacity of utilities and municipal services to support the proposed use; and

e.

Specific characteristics of the use in question such as traffic generation, parking, types of service offered, types of goods produced, methods of operation, and building characteristics.

(3)

If the zoning administrator finds that the use is similar to a use in the district, he shall designate whether the use will be permitted use or special land use in the district.

(4)

If the zoning administrator finds that the use is not similar in character to uses listed in this chapter, the applicant may appeal that decision in accordance with the provisions of section 82-544(b), or make application to the planning commission for consideration of an amendment to the zoning chapter to include the proposed use in one or more of the zoning districts of this chapter, either as a permitted use or a special land use in accordance with section 82-588, Amendments to the zoning chapter.

(e)

Uses existing before this chapter: Any use of the land or development activity existing on the effective date of this chapter may continue subject to the provisions contained in section 82-124, Nonconforming uses, structures, and lots, of this chapter.