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SCHEDULE OF REGULATIONS
Minimum Size of Lot per Dwelling Unit | Maximum Height of Structures | Minimum Yard Setback (Per Lot In Feet) | Minimum Floor Area Per Unit | Maximum Percentage of Lot Area Coverage | ||||||
Zoning District | Area in Sq. Ft. | Width In Ft. | *center*In Stories | In Feet | Front | Sides | Rear | * center *Sq. Ft. | B y All Buildings |
Minimum Size of Lot per Dwelling Unit | Maximum Height of Structures | Minimum Yard Setback (Per Lot In Feet) | Minimum Floor Area Per Unit | Maximum Percentage of Lot Area Coverage | ||||||
Zoning District | Area in Sq. Ft. | Width In Ft. | *center*In Stories | In Feet | Front | Sides | Rear | * center *Sq. Ft. | B y All Buildings | |
One (Least) | Two(Total) | |||||||||
R-1A One-Family Residential | 7,200, Note a | 60 | 2 | 25 | 25, Note b | 10, Note c | 20 | 35 | 800 | 35% |
R-1B One-Family Residential | 12,000 | 100 | 2 | 25 | 25, Note b | 10, Note c | 20 | 35 | 1200 | 35% |
R-MH Mobile Home Residential | 7,200 | 60 | 2 | 25 | 25, Note b | 10, Note c | 20 | 35 | 600 | 35% |
R-2 Two-Family Residential | 9,000 | 70 | 2 | 28 | 30, Note b | 10, Note c | 20 | 25 | 800 | 35% |
R-M Multiple Family Residential | Note d | 2 | 25 | 25, Notes b, e | 10, Note e | 20, Note c | 30, Note e | 1BR - 500 2BR - 700 3BR - 900 4BR- 1,100 | 35% | |
T-1 Tourist Service | 2, Note f | 30, Note f | 30, Notes b, g | Notes g, h | Notes g, h | 20, Notes g, i | ||||
B-1 Local Business | 2, Note f | 30, Note f | 30, Notes b, g | Notes g, h | Notes g, h | 20, Notes g, i | ||||
B-2 Central Business | Note l | Note l | Note h | Note h | Note i | |||||
B-3 General Business | 2, Note f | 30, Note f | 30, Notes b, g | Notes g, h | Notes g, h | 20 Notes g, i | ||||
B-4 District | 2, Note f | 30, ote f | 30, Notes b, g | Notes g, h | Notes g, h | 20, Notes g, h | 4BR - 1,100 | |||
O-1 Office Building | 2, Note f | 30, Note f | 30, Notes b, g | Notes g, h | Notes g, h | 20, Notes g, h | ||||
W-M Waterfront Marina | 2, Note f | 30, Note f | 30, Notes b, g | Notes g, h | Notes g, h | 20, Note g | ||||
I-1 Light Industrial | 40, Note f | 40, Notes b, g | 20, Note j | 40, Note j | Notes g, j, k | |||||
I-2 Heavy Industrial | 60, Note f | 60, Notes b, g | 20, Note j | 40, Note j | Notes g, j, k | |||||
NOTES:
a. See § 154.086, Subdivision open space plan, regarding exceptions to lot area and density controls.
b. Where the front yards of two or more principal structures in any block in existence at the time of passage of the 1967 Zoning Ordinance, within the district zoned and on the same side of the street, are less than the minimum front yard indicated above, then any building subsequently erected on that side of the street shall not be less than, but need not be greater than the average depth of the front yards of said two or more structures.
c. In the case of a rear yard abutting a side yard, or when 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. In the case of a common rear yard relationship, the side yard abutting upon a street shall not be less than ten feet.
d. In an R-M Multiple-Family District the total number of rooms of 80 square feet or more (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 one living room and one bedroom, except that not more than 10% of the units may be of an efficiency apartment type.
In an R-M District, for the purpose of computing the permitted number of dwelling units per acre the following assignments shall control:
Efficiency - 1 room
One Bedroom - 2 rooms bedroom units and including a “den”
Two Bedrooms - 3 rooms “library” or other extra room shall count
Three Bedrooms - 4 rooms such other extra room
Four Bedrooms - 5 rooms purpose of computing density.
In an R-M District, 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.
e. In an R-M District 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. In such cases of two or more buildings on a single parcel the minimum distance between any two buildings on the parcel shall be regulated as follows:
Building Relationship Minimum Distance Between Buildings1
Front to Front2 60 feet
Front to Rear2 80 feet
Front to Side2 50 feet
Rear to Rear3 50 feet
Rear to Side3 30 feet
Side to Side3 20 feet
Corner to Corner3 15 feet
Corner to Front, Side or Rear2 40 feet
1 Distance between any two buildings shall be measured horizontally from the nearest point of one building to the nearest point of the other building.
2 Parking may be located between buildings providing the area to be used for parking is in addition to the required minimum distance between buildings. In no instance shall there be less than 15 feet of yard space between the parking area and the multiple family building.
3 Parking may be permitted to occupy the minimum distance between buildings provided that there shall be not less than ten feet of yard space between the parking area and the multiple family building.
The “front” and “rear” of the multiple family building shall be considered to be the faces along the longest dimensions of the building. The “front” of the building shall be considered to be the direction faced by the living rooms of the dwelling units in the building; the “rear” of the building shall be considered to be the direction faced by the kitchen and/or service entrance of the dwelling units in said building; and the “sides” of the building shall be considered to be the face along the narrowest dimensions of the building.
In order to preserve the general open character of the district, multiple family buildings shall be limited to 180 feet in length.
f. Planned developments involving five acres or more under one ownership shall be subject to the approval of the Board of Appeals, after public hearing, regarding modifications with respect to height regulations. In approving an increase in structure height, the Board of Appeals shall require that all yards be increased above the minimum requirement by one foot for each foot of building that exceeds the maximum height limitation.
g. Parking may be permitted in required yard space after approval of the parking plan layout and points of access by the Planning Commission.
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 contained windows, or other openings, side yards of not less than ten feet shall be provided.
On a corner lot which borders on a residential district, there shall be provided setback of 20 feet on the side adjacent to the residential street. On any other side yard abutting a residential district there shall be provided a setback of ten feet in width.
i. Off-street loading space shall be provided in the rear yard in the ratio of at least ten square feet per front foot of building and shall be provided in addition to any required off-street parking area; except that in O-1 Districts loading space shall be provided in a ratio of five square feet per front foot of building. Off-street loading space shall further meet the requirements of §§ 154.100 through 154.114, “General Requirements.” Where an alley exists or is provided at the rear of the buildings the rear yard setback and loading requirements may be computed from the centerline of said alley. Off-street loading space may be located within the required rear yard.
j. No buildings or structure shall be located closer than 50 feet to the outer perimeter (property line) of such district when said property line abuts any residential district. A completely obscuring masonry wall not less than six feet in height or a 20 foot wide greenbelt planted in accord with the minimum requirements as provided in §§ 154.100 through 154.114, “General Requirements” shall be provided when side or rear yards are abutting land zoned for residential use.
Required side yard may be used for off-street parking or loading and unloading provided that in such 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 fire fighting or other emergency type equipment.
l. There shall be no specific height limitation in a B-2 District; provided, however, that prior to the issuance of a building permit for any structure over 30 feet in height, the Board of Appeals shall make a finding that such excessive height will not be detrimental to the light, air or privacy of any structure or use currently existing or approved for construction. In approving a height in excess of 30 feet the Board of Appeals shall follow the standards set forth below.
1. All enlargements or new construction shall respect the established building line.
2. In the B-2 District, the maximum floor area for a building shall not exceed a floor area to lot area ratio of 2:1.
3. For each square foot of plaza provided on a lot, the total floor area may be increased by three square feet. The plaza area referred to shall be an open area along a street, no less than five feet deep.
(`73 Code, 15.291, § 5.103; 15.292, § 5.104) (Ord. eff. 8-1-67; Am. Ord. passed 1973; Am. Ord. eff. 5-3-82; Am. Ord. eff. 1-31-83)
(A) The intent of this section is to permit one-family, residential subdivisions to be planned as a comprehensive unit and to allow therefor certain modifications to the standards as outlined in the Schedule of Regulations to be made in R-1A One-Family Residential Districts when the following conditions are met:
(1) The lot area in all R-1A One-Family Residential Districts may be reduced to an average of 6,000 square feet per lot provided that the population density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required under R-1A Districts. In accomplishing the lot reduction, no lot width shall be reduced by more than ten feet. All calculations shall be predicated upon these One-Family Districts having the following number of dwelling units per acre (including roads): R-1A equal 4.5 dwelling units per acre.
(a) Lot depths may be reduced to not less than 100 feet when such lots border on land dedicated to the common use of the subdivision.
(b) Minimum yard setbacks as indicated in this subchapter shall be provided except where rear lot lines border on land dedicated to the common use of the subdivision, such rear yards may be reduced to 25 feet.
(2) For each square foot of land gained under the provision of division (A)(1) of this section, within a residential subdivision, through the reduction of lot size below the minimum requirements as outlined in the Schedule of Regulations in § 154.085, equal amounts of land shall be dedicated to the common use of the lot owners in the subdivision or to the city in the manner approved by the Planning Commission.
(a) The area to be dedicated for the common use of the subdivision shall in no instance be less than two acres and shall be in a location and shape approved by the Planning Commission. A parcel divided by a stream shall be considered one parcel. 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.
(b) Access shall be provided to areas dedicated for the common use of the subdivision for those lots not bordering on such dedicated areas by means of streets or pedestrian access-ways.
(B) In approving the application of the Subdivision Open Space Plan, the Planning Commission shall consider the following objectives:
(1) To provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets;
(2) To encourage developers to use a more creative approach in the development of residential areas;
(3) To encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs and by allowing the developer to bypass natural obstacles on the site.
(4) To 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.
(C) Under this Subdivision Open Space Plan approach, the developer or subdivider shall dedicate the total park area (see division (A)(2)) at the time of filing of the final plat on all or any portion of the plat.
(D) Application for approval of a Subdivision Open Space Plan shall be submitted at the time of submission of the preliminary plat as required by the Land Division Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 to 560.293.
(`73 Code, 15.293, § 5.105) (Ord. eff. 8-1-67; Am. Ord. passed 1973)
GENERAL REQUIREMENTS
(A) Intent. It is the intent of this section to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival unless the Council has otherwise provided; and where the Council has so otherwise provided, the remaining provisions of this section shall not apply.
(1) It is recognized that there exist within the districts established by this chapter and subsequent amendments certain lots, structures, and uses of land and structures that were lawful before this chapter was passed or amended and that would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
(2) Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(3) A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this code by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.
(4) 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 on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter, and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(B) Nonconforming lots.
(1) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; providing that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Board of Appeals.
(2) If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of the 1967 Zoning Ordinance or amendment of said ordinance or this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or occupied which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.
(C) Nonconforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1) No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
(3) If such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(D) Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following:
(1) No such structure may be enlarged or altered in a way which increases its nonconformity. (For example, existing residences on lots of a width less than required herein may add a rear porch provided that other requirements of yard space and land coverage are met.)
(2) Should such structure be destroyed by any means to an extent of more than 60% of its replacement cost, exclusive of the foundation at the time of destruction, it shall not be reconstructed except in conformance with the provisions of this chapter.
(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located.
(E) Nonconforming uses of structures and land. If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(3) In any “T,” “B,” “O,” “W-M” or “I” District if no structural alterations are made, any nonconforming use of structure or structure and premises, may be changed to another nonconforming use of the same or a more restricted classification provided that the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter. Where nonconforming use of structure, land or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restricted classification.
(4) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
(5) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for six consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision.
(6) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(F) Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repairs or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(G) Uses permitted subject to special conditions not nonconforming uses. Any use for which special conditions are required as provided in this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a nonconforming use in such district.
(H) Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises provided there is no change in the nature or character of such nonconforming uses.
(`73 Code, 15.313, § 5.110) (Ord. eff. 8-1-67; Am. Ord. passed 1973)
Accessory buildings, except as otherwise permitted in this chapter, shall be subject to the following regulations:
(A) Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this chapter applicable to the main building.
(B) In any R District, accessory buildings shall not be erected in any required yard, except a rear yard.
(C) In any R District, an accessory building not exceeding one story or 14 feet in height may occupy not more than 25% of a required rear yard, provided that in no instance shall the accessory building exceed the ground floor area of the main building.
(D) In an R District no detached accessory building shall be located closer than ten feet to any main building nor shall it be located closer than three feet to any side or rear lot line. In those instances where the rear lot line is coterminous with an alley right-of-way, the accessory building shall not be closer than one foot to such rear lot line. In no instance shall an accessory building be located within a dedicated easement right-of-way.
(E) No detached accessory building in an R-1A, R-1B, R-M, A-1, B-1, O-1 or P-1 District shall exceed one story or 14 feet in height. Accessory buildings in all other districts may be constructed to equal the permitted maximum height of structures in the districts, subject to Board of Appeals review and approval.
(F) When an accessory building is located on a corner lot, the exterior side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard line required on the lot in the rear of such corner lot. When an accessory building is located on a corner lot, the side lot line of the lot to its rear, the building shall not project beyond the side yard line of the lot in the rear of such corner lot. An accessory building shall in no case be located nearer than ten feet to a street right-of-way.
(G) When an accessory building in any Residence, Business or Office District is intended for other than the storage of private motor vehicles, the accessory use shall be subject to the approval of the Board of Appeals.
(`73 Code, 15.314, § 5.111) (Ord. eff. 8-1-67; Am. Ord. passed 1973)
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