(a) Yard and Lot Area Requirements. Lot area and yard requirements of this Zoning Code may be changed upon the approval of a variance by the Board of Zoning Appeals, in accordance with the provisions of Chapter 1264, subject to the following provisions:
(1) Lot width. A single-family dwelling may be constructed on any officially platted and recorded lot which is less than the minimum width required by this Zoning Code if the structure and setbacks comply with all other requirements of this Zoning Code.
(2) Lot area. A single-family dwelling may be constructed on any officially platted and recorded lot which has less than the minimum area required by this Zoning Code if the structure and setbacks comply with all other requirements of this Zoning Code.
(3) Front yards. In all Residential Districts, the front yard requirement shall not be less than the average depth of existing developed front yards on lots within two hundred (200) feet of such lot and within the same block face.
(4) Side yards. The required combined width of side yards on lots existing prior to the effective date of this Zoning Code, and with a width of less than that specified in the Residential District provisions affecting the district in which such lot is located, may be reduced six (6) inches for each foot or major fraction thereof by which the width of such lot is less than the required district provisions, provided that the minimum side yard shall not be less than five (5) feet and the combined width of both side yards shall not be less than fifteen (15) feet.
(5) Rear yards. Any platted and recorded lot with less than one hundred ten (110) feet of depth and located in a Residential District may have three (3) inches deducted from the required rear yard depth for every foot the lot is less than one hundred ten (110) feet deep, provided that no rear yard shall be less than twenty (20) feet.
(b) Essential Services. Essential services serving the City of Davison shall be permitted as authorized and regulated by law and applicable ordinances of the Municipality. Overhead or underground lines and necessary poles and towers proposed to be erected to service primarily those areas beyond the Municipality shall require the review and approval, after a public hearing, of the City Council acting in the capacity of appeal board. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious effects on property abutting or adjacent thereto and on the orderly appearance of the City of Davison.
(c) Voting Places. The provisions of this Zoning Code shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a Municipal or other public election.
(d) Height Limits. The height limitations of this Zoning Code shall not apply to farm buildings, chimneys, church spires, flag poles, public monuments, or television receiving antennae for personal use; provided, however, that the City Council may specify a height limit for any such structure when such structure requires authorization as a conditional use.
(e) Yard Regulations. When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape, topography or due to architectural or site arrangement, such regulations may be modified as determined by the Board of Zoning Appeals.
(f) Porches. An open, unenclosed, porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet or one-half (1/2) the distance to the right-of-way line, whichever is less.
(g) Projections Into Yards. Architectural features, not including vertical projections, may extend or project into a required side yard not more than three (3) inches for each one (1) foot of width of such side yard; and may extend or project into a required front yard or rear yard not more than three (3) feet.
(h) Access Through Yards. For the purpose of this Zoning Code, access drives may be placed in the required front or side yards so as to provide access to rear yards or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace, or other pavement servicing a like function, and not in excess of nine (9) inches above the grade upon which placed, shall, for the purpose of this Zoning Code, not be considered to be a structure, and shall be permitted in any required yard.
(Res. 24-95. Passed 2-13-95.)