Schedule of regulations limiting height, bulk, density and area by zoning district:
District | Minimum Lot Size | Minimum Yard Setbacks (B) (per lot in feet) | Maximum Height of Structures (E) | Maximum Lot Coverage | Minimum Floor Area | |||||
Area | Width (in feet) | Front (C) | Minimum Side (D) | Total of Two | Rear | Stories | Feet | By Buildings | Per Unit | |
District | Minimum Lot Size | Minimum Yard Setbacks (B) (per lot in feet) | Maximum Height of Structures (E) | Maximum Lot Coverage | Minimum Floor Area | |||||
Area | Width (in feet) | Front (C) | Minimum Side (D) | Total of Two | Rear | Stories | Feet | By Buildings | Per Unit | |
RCC - Recreation, Conservation and Cemetery | - | - | - | 25 | 50 | 50 | 2 | 30 | - | - |
A/R (R)(L) Agricultural/ Residential | 2.5 acres | 165 (C) | 50(C)(L) | 20 | 40 | 50 | 2 | 30(G) | 30% | (S) |
R-1A (R)(L) Single-Family Residential | 12,000 square feet | 75 (C) | 30(C)(L) | 10 | 20 | 30 | 2 | 30 | 30% | (S) |
R-1B (R)(L) Single-Family Residential | 20,000 square feet | 100 (C) | 35 (C)(L) | 15 | 30 | 30 | 2 | 30 | 30% | (S) |
R-1C (R)(L) Single-Family Residential | 2.5 acres | 165 (C) | 40 (C) | 20 | 40 | 40 | 2 | 30 | 25% | (S) |
R-2 (H)(R)(L) Two-Family Residential | 2.5 acres | 165 (C) | 40 (C) | 20 | 40 | 50 | 2 | 30 | 30% | (S) |
MHR (R) Manufactured Home Residential | - | - | - | - | - | - | 2 | 30 | - | - |
RM (H)(R) Multi-Family Residential | (I, J) | - | 40 | 25 | 50 | 50 | 2 | 30 | 30% | (k) |
O Office | 15,000 square feet | 80 | 25 (M, Q) | 15 (N) | 30 (N) | 20 | 2 | 30 | 30% | - |
GB General Business | - | - | 20 (O, P, Q) | (N) | (N) | 20 | 2 | 30 | - | - |
I Industrial | - | - | 30 (O, P, Q) | 15 (P) | 30 (P) | 30 (P) | 2 | 30 | 50% | - |
Division (B) below contains the regulations referred to in the schedule above | ||||||||||
For example, the “(A)” at the end of the schedule’s title corresponds to division (B)(1) below | ||||||||||
District regulations. Note: letters shown as footnotes in the chart above correspond with letters of items below.
(A) Conformance. No building shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the building area, placement and height regulations of the district in which the building is located; and except in conformity with the lot area, width and coverage regulations of the district in which the building is located.
(B) Minimum yard setbacks.
(1) For lots adjacent to a county road or state highway, the yard setbacks shall be measured from the edge of the planned right-of-way for the roads and highways to the building or structure on a lot. In determining the location of the edge of the planned right-of way, the centerline of a planned right-of-way, as set forth in the adopted Township Thoroughfare Plan, shall be considered to coincide with the centerline of the existing thoroughfare.
(2) In the event that no Township Thoroughfare Plan shall have been adopted, the County Thoroughfare Plan or MDOT planned right-of-way. In an instance where the defined existing road right-of-way is less than 66 feet, the front yard setback shall be based on the average front yard setback of the existing structures on the lots adjacent to the subject property.
(D) Side yards. In the case of a rear yard abutting a side yard, or where a side yard is adjacent to a front yard across a common separating street, the side yard abutting a street shall not be less than the minimum front yard of the district in which located. See illustration below. Also see division (B)(12) below for possible inclusion in yard averaging.
(E) Permitted height.
(1) No building in any zoning district shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that a structure may exceed the height limits herein prescribed for the following:
(a) Roof structures for the housing of elevators;
(b) Stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building;
(c) Fire or parapet walls; and
(d) Skylights, towers, cupolas, steeples, stage lofts and screens, flagpoles, chimneys, smoke stacks, individual domestic radio and television aerials and wireless masts, water tanks or structures similar in function and appearance to those listed above.
(2) No like structure may be erected to exceed by more than 15 feet the height limits of the district in which it is located; nor shall the structure have a total area greater than 10% of the total square footage of the top floor or attic, whichever is less; nor shall the structure be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building.
(3) The erection of commercial radio and television transmitting, relay or other types of antenna towers, where permitted, shall abide by the regulations set forth in § 154.134.
(F) Reserved. This division is reserved for future use.
(G) Height of farm buildings. In the Agricultural/Residential District, silos are permitted to a maximum height of 90 feet and storage barns are permitted to a maximum height of 40 feet.
(H) Single-family dwellings in R-2 or RM Districts and Two-Family Dwellings in RM Districts. Where one and two-family dwelling units are permitted, minimum lot area and minimum lot width shall be determined as follows:
Single-Family Dwellings
| |
Minimum lot width | 165 feet |
Minimum lot area | 2.5 acres |
Setbacks, heights, lot coverage and floor area shall comply with the R-1C District requirements | |
Two-Family Dwellings | |
Minimum lot width | 165 feet |
Minimum lot area | 2.5 acres |
Setbacks, heights, lot coverage and floor area shall comply with the R-2 District requirements | |
(I) Multiple-family dwelling projects; calculation of maximum number of units.
(1) In multiple-family dwelling projects, the total number of rooms of 80 square feet or more (not including kitchen, dining and bathrooms) shall not be more than the area of the parcel, in square feet, divided by 1,600.
(2) All units shall have at least one living room and one bedroom, except that not more than 10% of the units may be of an efficiency type, and not more than 20% one bedroom units.
(3) In the case of an apartment complex intended specifically for senior citizens or disabled persons, the Planning Commission may allow the 20% limitation on one bedroom apartments to be increased to a maximum of 90%.
(4) For multiple-family dwellings projects, for the purpose of computing the permitted number of dwelling units per acre, the following room assignments shall control:
Efficiency | 1 room |
One bedroom | 2 rooms |
Two bedrooms | 3 rooms |
Three bedrooms | 4 rooms |
(5) Plans presented showing one-, two- or three-bedroom units and including a den, “library” or other extra room shall count the extra room as a bedroom for the purpose of computing density.
(6) In multiple-family dwelling projects, the area used for computing density shall be the total site area exclusive of any dedicated public right-of-way, either interior or bounding roads.
(J) Multiple-family dwelling projects; calculation of space between buildings.
(1) In multiple-family dwellings projects, front, side or rear yards need not refer to spacing between buildings for a planned development for two or more buildings on the same parcel.
(2) In those cases the minimum distance between any two buildings shall be regulated according to the length and height of the buildings, and in no instance shall this distance be less than 30 feet. (See following formula.)
(3) In multiple-family projects, areas devoted to off-street parking, drives or maneuvering lanes shall not cover more than 30% of the area of any required yard or any required minimum distance between buildings.
(4) In a Multiple-Family District the maximum horizontal length of any one building shall be 180 feet, measured along any single front, side, rear or other exterior wall elevation.
(5) In a Multiple-Family District the formula for regulating the required minimum distance between two buildings is as follows: S = LA + LB + 2(HA + HB)/6, where S = Required minimum horizontal distance between any wall of building A and any wall of building B or the vertical prolongation of either.
(6) LA - Total length of building A. The total length of building A is the length of that portion or portions of a wall or walls of building A from which, when viewed directly from above, lines drawn perpendicular to building A will intersect any wall of building B.
(7) LB - Total length of building B. The total length of building B is the length of that portion or portions of a wall or walls of building B of which, when viewed directly from above, the lines drawn perpendicular to building B will intersect any wall of building A.
(8) The height of building A at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building A. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.
(9) HB = Height of building B. The height of building B at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building B. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.
(K) Multiple-family dwelling projects; minimum floor areas. Minimum floor area per dwelling units in square feet for multiple-family dwellings are as follows:
Efficiency unit | 500 square feet |
One-bedroom unit | 600 square feet |
Two-bedroom unit | 800 square feet |
Three-bedroom unit | 1,000 square feet |
Four-bedroom unit | 1,200 square feet |
(L) Averaged yard setback.
(1) In a case where the front yards (or respectively rear yards) of two or more existing permitted principal structures, then any principal structure subsequently erected on that side of the street shall not have less than and need not have greater than the average depth of the front yards (or respectively rear yards) of the two or more existing principal structures:
(a) Are located in any block in existence on the effective date of this chapter;
(b) Are within the same zoning district; and
(c) Are on the same side of the street; but
(d) Have less than the required minimum front (or respectively rear) yards.
(2) Averaged side yard: in a case where there is an undeveloped lot of record which has a side yard included within a row of two or more developed front yards (or respectively a row of rear yards), then any principal structure subsequently erected on the lot shall not have an affected side yard with less than and need not have an affected side yard greater than the average depth of the existing developed yards facing on that street.
(M) Business uses; parking in front yard (conditions).
(1) Off-street parking may be permitted to occupy a required front yard after approval of the parking plan layout and points of ingress and egress by the Planning Commission provided that there shall be maintained a minimum unobstructed and landscaped setback of ten feet between the nearest point of the off-street parking area, exclusive of access driveways and the nearest planned right-of-way.
(N) Business uses; waiver of side yard(s).
(1) The Planning Commission may waive one or both side yard requirements of buildings in the O and GB Districts provided that adequate access to the rear of the property is provided by one of the following manners:
(a) There shall be provided on every lot in an O and GB Districts on which is located a permitted building at least one side yard not less than 20 feet wide for access to the rear yard. If the permanent building is not placed on the property line of the remaining side to allow for a common wall, then a setback of at least three feet is required for maintenance;
(b) A dedicated alley or service aisle or permanent easement of access to the rear of the property is provided; or
(c) An overall master site development plan is presented to the Planning Commission, agreed upon by all affected property owners; which plan includes building elevations for the commercial center, adequate off-street parking and loading area, access to all buildings and the rear of the property for police and fire vehicles.
(2) Side yard requirements for the O and GB Districts shall not be waived if any one of the following conditions exist:
(a) Where side yards are adjacent to a public right-of-way;
(b) Where side yards abut property zoned in a Residential District; or
(c) Where the continuous development of stores exceeds 500 feet.
(O) Industrial uses; parking in yard (conditions).
(1) Off-street parking may be permitted in a portion of the required front yard provided that the off-street parking is not located within 50 feet of the front lot line. Any portion of a required front yard not used for off-street parking shall be planted in lawn, landscaped and maintained in a healthy and growing condition.
(2) Required side or rear yards may be used for off-street parking or loading and unloading provided that in those instances the Planning Commission shall review and approve the proposed parking and site plan to determine that sufficient access to the rear of the building is provided for firefighting or other emergency type equipment.
(1) No building shall be located closer than 50 feet to the outer perimeter (property line) of the district when the property line abuts any residential district.
(2) A heavily planted, completely obscuring, year-round greenbelt not less than 20 feet wide, an obscuring wall or a landscaped earth berm (as approved by the Planning Commission) shall be provided on those sides of the property used or planned for open storage, parking or service drives, loading, unloading or servicing, and abutting land zoned A/R, R-1A, R-1B, R-1C, R-2, MHR or RM.
(3) The extent of the greenbelt, wall or berm may be determined by the Planning Commission on the basis of usage. The wall shall not be less than six feet in height and may, depending upon land usage, be required to be eight feet in height. The greenbelt, wall or berm shall be subject further to the requirements of §§ 154.018 and 154.019.
(Q) Commercial and industrial uses; access through residential districts prohibited.
(1) Access to office, commercial or industrial uses shall not be through property zoned A/R, R-1A, R-1B, R-1C, R-2, MHR or RM.
(R) Accessory buildings, structures and uses.
(2) Open parking and storage of hobby vehicles shall comply with § 154.028.
(3) Off-street parking shall comply with § 154.023.
(4) Communication towers shall comply with § 154.134.
(5) Wind energy conversion systems shall comply with § 154.132.
(6) Accessory signs shall comply with § 154.025.
(7) Fences and walls shall comply with § 154.017.
(8) Greenbelts, walls and berms shall comply with § 154.018.
(S) Minimum floor areas. Minimum floor areas per unit for single- and two-family dwellings are as follows:
(1) One-bedroom unit: 750 square feet;
(2) Two-bedroom unit: 864 square feet;
(3) Three-bedroom unit: 1,000 square feet; and
(4) Four-bedroom unit: 1,200 square feet, plus 120 square feet for each additional bedroom over four.
(Ord. passed 6-28-2006; Ord. passed 10-20-2008)