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Charlotte, MI Code of Ordinances
CITY OF CHARLOTTE, MICHIGAN CODE OF ORDINANCES
CHARTER
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTERS 3-5: RESERVED
CHAPTER 6: ALCOHOLIC LIQUORS
CHAPTERS 7-9: RESERVED
CHAPTER 10: ANIMALS
CHAPTERS 11 - 13: RESERVED
CHAPTER 14: BUILDINGS AND BUILDING REGULATIONS
CHAPTER 15: BUSINESSES
CHAPTERS 16 - 17: RESERVED
CHAPTER 18: CABLE COMMUNICATIONS
CHAPTERS 19 - 21: RESERVED
CHAPTER 22: COMMUNITY DEVELOPMENT
CHAPTERS 23 - 25: RESERVED
CHAPTER 26: RESERVED
CHAPTERS 27 - 29: RESERVED
CHAPTER 30: FIRE PREVENTION AND PROTECTION
CHAPTER 31: RESERVED
CHAPTER 32: MUNICIPAL CIVIL INFRACTIONS
CHAPTER 33: RESERVED
CHAPTER 34: OFFENSES
CHAPTERS 35 - 37: RESERVED
CHAPTER 38: PARKS AND RECREATION
CHAPTERS 39 - 41: RESERVED
CHAPTER 42: PLANNING
CHAPTERS 43 - 45: RESERVED
CHAPTER 46: SOLICITORS AND CANVASSERS
CHAPTERS 47 - 49: RESERVED
CHAPTER 50: SOLID WASTE
CHAPTER 51: RESERVED
CHAPTER 52: PROPERTY MAINTENANCE AND NUISANCE ABATEMENT
CHAPTER 53: RESERVED
CHAPTER 54: SPECIAL ASSESSMENTS
CHAPTERS 55 - 57: RESERVED
CHAPTER 58: STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES
CHAPTERS 59 - 61: RESERVED
CHAPTER 62: SUBDIVISION REGULATIONS
CHAPTER 63: RESERVED
CHAPTER 64: TAX EXEMPTION
CHAPTER 65: RESERVED
CHAPTER 66: TRAFFIC AND VEHICLES
CHAPTER 67: RESERVED
CHAPTER 68: UTILITIES
CHAPTER 69: RESERVED
CHAPTER 70: VEGETATION
CHAPTER 71: RESERVED
CHAPTER 72: MUNICIPAL AIRPORT
CHAPTER 73: RESERVED
CHAPTER 74: VEHICLES FOR HIRE
CHAPTERS 75 - 81: RESERVED
CHAPTER 82: ZONING
PARALLEL REFERENCES
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§ 82-408 MARGINAL SERVICE ROADS; INTENT.
   Marginal service roads may be required by the Planning Commission, after consultation with the traffic engineer, when it is determined by the Commission that an excessive number of ingress and egress roads may occur with relation to a major or secondary thoroughfare and that reducing the number of points of access to the thoroughfare is in the best interest of the city. Unless the property owner demonstrates that an alternative design would be in the public interest, as determined by the Planning Commission, marginal service roads may be required.
(1993 Code, § 82-408) (Ord. passed 2-25-1991; Ord. passed 5-14-2001; Ord. passed 3-11-2002(1))
§ 82-409 MARGINAL SERVICE ROADS; REQUIRED CONDITIONS.
   Uses permitted in this chapter shall be subject to the following conditions.
      (1)   In those instances where the Planning Commission finds that an excessive number of ingress or egress points may occur with relation to major or secondary thoroughfares, the Commission may require marginal service roads and, to assure adequate traffic circulation on the site, may require the development of parking so that contiguous lots on abutting properties will allow traffic circulation from 1 property to another without re-entering the public thoroughfare.
      (2)   The pavement of the marginal service road shall be located 10 feet from the future right-of- way line of the thoroughfare and shall be at least 24 feet wide except in the situation where existing adjacent parking lots are to be connected by way of a common maneuvering lane and a greater width cannot be provided, the such service road shall be at least 22 feet in width. Said service road shall be an easement which will permit the use of the service road for traffic circulation from 1 property to another. Said easement shall be in a written form acceptable to the City Council prior to the issuance of a building permit and shall run with the land and benefit/burden the heirs, assigns and transferees of the properties to be served by the drives. No permanent structures shall be permitted within the easements. Each property owner shall be responsible for maintenance of the easement so that it remains usable as a means of getting from 1 property to another. The Street Administrator will cause the service road to be maintained if the property owner fails in his responsibility, and all costs will be charged to the property and added to the taxes if not paid. The easement shall be recorded with the County Register of Deeds.
      (3)   Building permits for the property to be served by the marginal service roads shall not be issued unless and until such drives have been completed, or a performance guarantee has been posted with the city for such purposes.
      (4)   When marginal service roads are required, the Planning Commission shall require that the entire 24 foot area be paved up to the abutting properties. Backing from parking spaces onto the marginal service shall not be permitted. The site plan shall indicate the proposed elevation of the marginal access service road at the property line and the Street Administrator shall maintain a record of all marginal service road elevations so that their grades can be coordinated. Marginal service road elevations shall conform to elevations established by the Council or, if not so established, be not more than 1 foot above the elevation of the adjoining property. Marginal service roads shall meet construction specifications set by the Street Administrator based on current engineering practices and principals for the construction of base, pavement and draining facilities, and the like.
      (5)   The 10 foot setback area between the future road right-of-way and the service road shall be kept in grass and landscaped in accordance with plans approved by the Planning Commission.
      (6)   Temporary entrances and exits may be approved for individual sites provided money is placed in escrow to assure elimination of temporary entrances and exits. Building permits shall not be issued until monies have been deposited with the city.
      (7)   In determining which entrances and exits will be permanent and which will be temporary, the Planning Commission shall generally be guided by the requirements of § 82-407, access management standards.
(1993 Code, § 82-409) (Ord. passed 2-25-1991; Ord. passed 5-14-2001; Ord. passed 3-11-2002(l))
§§ 82-410 – 82-425 RESERVED.
ARTICLE XX. SCHEDULE OF REGULATIONS
§ 82-426 SCHEDULE LIMITING HEIGHT, BULK, DENSITY AND AREA BY ZONING DISTRICT.
   This schedule gives limits for height, bulk, density and area by zoning district. Letters in parentheses refer to notes in § 82-427.
Zoning District
Minimum Zoning Lot Size per Dwelling Unit
Maximum Height of Structures
Minimum Yard Setback (per lot in feet)
Maximum % Lot Area Covered by All Buildings
Area in sq. ft.
Width in feet
in stories
in feet
front
each side
rear
Zoning District
Minimum Zoning Lot Size per Dwelling Unit
Maximum Height of Structures
Minimum Yard Setback (per lot in feet)
Maximum % Lot Area Covered by All Buildings
Area in sq. ft.
Width in feet
in stories
in feet
front
each side
rear
R-1 One Family Residential
8,400(a)
70(a)
2
25
25(b)
8 & 12(b, c)
35(b)
30
R-2 One Family Residential
12,000(a)
85(a)
2
25
30(b)
10 & 12(b, c)
35(b)
30
RT Two Family Residential
4,000
40
2
25
25(b)
8 & 12(b, c)
35(b)
30
RM-1 Restricted Multiple Family Residential
(d)
(d)
2
25
25(e, f)
15 & 15(e)
35(e)
50
RM-2 Multiple Family Residential
(d)
(d)
3
30
30(e)
30 & 30(e)
30(e)
25
MH Mobile Home Residential
See §§ 82-186 et seq. for development standards
OS-1 Office Service District
30
20(g)
15(h)
20(h, i)
B-1 Local Business
30
25(g)
(h, k)
20(h, i)
B-2 Community Business
30
40(g, i, j)
(i, j)
(h, i, j)
B-3 General Business
30
30(g)
(h)
20(h)
CBD Central Business
No maximum
None
(h)
IRO Industrial Research Office
40
40(l, k)
20(j)
40
I-1 Light Industrial
40
40(l, k)
20(j)
40(m, n)
I-2 General Industrial
60
60(i, l, k)
30(i, j)
(i, m., n, l)
 
(Ord. passed 10-12-1992; Ord. passed 11-12-2002(2))
§ 82-427 NOTES TO SCHEDULE.
   (A)   See § 82-428, averaged lot size, and § 82-429, subdivision open space plan, regarding flexibility allowances.
   (B)   For all uses permitted other than single family residential, the setback shall equal the height of the main building or the setback required in § 82-108 or § 82-426, whichever is greater. For all lots of record having less than 70 feet of lot width, the minimum required side yards shall be 5 feet and 10 feet.
   (C)   In the case of a rear yard abutting a side yard, the side yard setback abutting a street shall not be less than the minimum front yard setback of the district in which located and all regulations applicable to a front yard shall apply.
   (D)   In an RM-2 Multiple Family District, the total number of rooms, not including kitchen, dining and sanitary facilities, shall not be more than the area of the parcel, in square feet, divided by 1,200. All units shall have at least 1 living room and 1 bedroom, except that not more than 10% of the units may be of an efficiency apartment type. 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 bedroom      =   3 rooms
      Three bedroom   =   4 rooms
      Four bedroom      =   5 rooms
Plans presented showing 1, 2 or 3 bedroom units and including a den, library or other extra room shall count such extra room as a bedroom for the purpose of computing density. The area used for computing density shall be the total site area exclusive of any dedicated public right-of-way of either interior or bounding roads. For the RM-1 District a minimum of 4,000 square feet of lot or site area shall be provided for each dwelling unit.
   (E)   In all RM-1 and RM-2 Multiple Family Residential Districts, the minimum distance between any 2 buildings shall be regulated according to the length and height of such buildings, and in no instance shall this distance be less than 30 feet. Parking may be permitted within a required side or rear yard but shall not cover more than 30% of the area of any required yard or any minimum distance between buildings. The formula regulating the required minimum distance between 2 buildings in all RM Districts is as follows:
         LA + LB + 2(HA + HB)
   S   =                                        
             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.
   LA   =   Total length of building A. The total length of building A is the length of that portion of a wall of building A from which, when viewed directly from above, lines drawn perpendicular to building A will intersect any wall of building B.
   LB   =   Total length of building B. The total length of building B is the length of that portion of a wall of building B from which, when viewed directly from above, the lines drawn perpendicular to building B will intersect any wall of building A.
   HA   =   Height of building A. The height of building A at any given level is the height above natural grade level of any portion of a wall along the length of building A. Natural grade level shall be the mean level of the ground immediately adjoining the portion of the wall along the total length of the building.
   HB   =   Height of building B. The height of building B at any given level is the height above natural grade level of any portion of a wall along the length of building B. Natural grade level shall be the mean level of the ground immediately adjoining the portion of the wall along the total length of the building.
   (F)   The distance from the front lot line to the nearest point of a principal building shall not be less than 25 feet, except that where an entire block frontage is developed at one time, under single ownership or control, then the minimum setback may be reduced to 20 feet, provided that the average setback for all structures shall not be less than 25 feet.
   (G)   Off-street parking shall be permitted to occupy a portion of the required front yard, provided that there shall be maintained a minimum unobstructed and landscaped setback of 10 feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest right-of-way line as indicated on the Thoroughfare Plan of the Master Plan of Future Land Use.
   (H)   No side yards are required along the interior side lot lines of the district, except as otherwise specified in the Building Code, provided that if walls of structures facing such interior side lot lines contain windows, or other openings, side yards of not less than 10 feet shall be provided. On a corner lot which has a common rear lot line with a residential district, there shall be provided a setback of not less than 10 feet on the side bordering the residential district or street.
   (I)   Off-street loading space shall be provided in the rear yard in the ratio of at least 1 space for each establishment and shall be provided in addition to any required off-street parking area. Off-street loading space shall further meet the requirements of § 82-457. This provision shall not apply in the CBD District. In those instances where properties abut an alley, such alley may be substituted for off-street loading requirements in business districts. In office districts off-street loading may take place in undesignated places in parking lots, provided such loading is of a short-term nature.
   (J)   No building shall be closer than 75 feet to any adjacent residential district or to any major thoroughfare.
   (K)   Off-street parking shall be permitted in a required side yard setback.
   (L)   Off-street parking may be permitted within the required front yard, provided that such off-street parking is not located within 20 feet of the front lot line.
   (M)   No building shall be located closer than 50 feet or the height of the building, whichever is the greater, to the outer perimeter (property line) of such district when the property line abuts any residential district.
   (N)   All storage shall be in the rear yard and shall be completely screened with an obscuring wall or fence, not less than 6 feet high, or with a chainlink type fence and a greenbelt planting so as to obscure all view from any adjacent residential, office, or business district or from a public street.
(1993 Code, § 82-427) (Ord. passed 10-12-1992)
Cross reference:
   Distance spacing for multiple dwellings; side yards abutting a street, see Appendix C
§ 82-428 AVERAGED LOT SIZE.
   The intent of this section is to permit the subdivider or developer to vary lot sizes and lot widths so as to average the minimum size of lot per unit as required in the schedule of regulations in this article for each one-family residential district. If this option is selected, the following conditions shall be met.
      (1)   In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area or width greater than 10% below that area or width required in the schedule of regulations and shall not create an attendant increase in the number of lots.
      (2)   Each final plat submitted as part of a preliminary plat shall average the minimum required for the district in which it is located.
      (3)   All computations showing lot area and the average resulting through this technique shall be indicated on the print of the preliminary plat.
(1993 Code, § 82-428) (Ord. passed 10-12-1992)
§ 82-429 SUBDIVISION OPEN SPACE PLAN.
   (A)   The intent of the subdivision open space plan is to promote the following objectives:
      (1)   Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets;
      (2)   Encourage developers to use a more creative approach in the development of residential areas;
      (3)   Encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs and allowing the developer to by-pass natural obstacles on the site;
      (4)   Encourage the provision of open space within reasonable distance to all lot development of the subdivision and to further encourage the development of recreational facilities.
   (B)   Modifications to the standards as outlined in the schedule of regulations in this article may be made in the one-family residential districts when the following conditions are met.
      (1)   The lot area in all one-family residential districts, which are served by a public sanitary sewer system, may be reduced up to 20%. In the R-1 District, this reduction may be accomplished in part by reducing lot widths up to 5 feet. In the R-2 Districts, this reduction may be accomplished in part by reducing lot widths up to 10 feet. These lot area reductions shall be permitted provided that the dwelling unit density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required for each one-family district under the schedule of regulations in this article. All calculations shall be predicated upon the one-family districts having the following gross densities (including roads):
   R-1   =   3.8 dwelling units per acre.
   R-2   =   2.7 dwelling units per acre.
      (2)   Rear yards may be reduced to 30 feet when such lots border on land dedicated for park, recreation and/or open space purposes, provided that the width of the dedicated land shall not be less than 100 feet measured at the point at which it abuts the rear yard of the adjacent lot.
      (3)   Under the provisions of subsection (B)(1) of this section, for each square foot of land gained within a residential subdivision through the reduction of lot size below the minimum requirements as outlined in the schedule of regulations, at least equal amounts of land shall be dedicated to the common use of the lot owners of the subdivision in a manner approved by the municipality.
      (4)   The area to be dedicated for subdivision open space purposes shall in no instance be less than 4 acres and shall be in a location and shape approved by the Planning Commission.
      (5)   The land area necessary to meet the minimum requirements of this section shall not include bodies of water, swamps or land with excessive grades making it unsuitable for recreation. All land dedicated shall be so graded and developed as to have natural drainage. The entire area may, however, be located in a floodplain.
      (6)   This plan, for reduced lot sizes, shall be permitted only if it is mutually agreeable to the City Council and the subdivider or developer.
      (7)   This plan, for reduced sizes, shall be started within 6 months after having received approval of the final plat and must be completed in a reasonable time. Failure to start within this period shall void all previous approval.
      (8)   Under this planned unit approach, the developer or subdivider shall dedicate the total park area (see subsection (B)(1) of this section) at the time of filing of the final plat or any portion of the plat.
(1993 Code, § 82-429) (Ord. passed 10-12-1992)
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