A. General requirements.
1. Timing of construction. No accessory building, structure, or use shall be constructed or established on a parcel unless there is a principal building, structure, or use being constructed or already established on the same parcel of land.
2. Site plan approval. If submission of a site plan for review and approval is required, then the site plan shall indicate the location of proposed accessory buildings, structures, or uses.
3. Placement of heating and cooling equipment. Accessory uses such as central air conditioning units and heat pumps shall not be installed in the side yard unless a site plan for location has been approved by a building official. A minimum three (3) foot side yard is required for installation purposes.
4. Conformance with lot coverage standards. Accessory buildings and permanent structures which actually cover a portion of the lot shall be included in computations to determine compliance with maximum lot coverage standards, where applicable.
5. Location in proximity to easements or rights-of-way. Accessory buildings, structures, or uses shall not be located within a dedicated easement or right-of-way, except as permitted in the regulations for essential services.
6. Use of accessory structures. Attached and detached accessory buildings or structures in residential districts shall not be used as dwelling units or for any business, profession, trade or occupation. One (1) private garage shall be permitted per residential lot. Except as otherwise provided in this Zoning Ordinance, any such garage shall be used primarily for the storage of vehicles and for incidental household storage only.
7. Appearance. Accessory buildings and structures shall be designed and constructed to be compatible with the design and construction of the principal building on the site.
8. Applicability of other codes and ordinances. Accessory buildings and structures shall be subject to all other applicable codes and ordinances regarding construction, installation, and operation.
9. Application for Zoning Compliance Certificate. A Zoning Compliance Certificate is required for the installation of a shed. In all cases, an application for a Zoning Compliance Certificate to construct a shed shall be filed with the building official. The application shall be accompanied by a site plan, along with drawings or other information required by the building and safety department which illustrate the dimensions, setbacks, height, and design of the proposed shed.
10. Garages.
(a) Intent. A garage is intended to provide off-street vehicular parking and incidental household storage for the occupants of the residence to which it is accessory. It is not to be used as habitable space or for commercial purposes. It is the intent of this Zoning Ordinance to promote public health, safety, and welfare by establishing standards for garages consistent with the goal of complying with ADA requirements for unobstructed access to sidewalks and minimizing off-street parking congestion, neighborhood overcrowding, fire hazards, and other conditions detrimental to public safety and quality of life. The following sections recognize the types of activities that are consistent with garage use, and prohibit those activities which would convert the garage to habitable space or commercial use.
(b) Conversion. No garage shall be converted into habitable space without permits. For the purposes of this ordinance, "habitable space" shall be defined "as space within a structure for living, sleeping, or cooking." Factors demonstrating conversion include unauthorized renovations which require permits or permanent enclosure of the garage by installation of a framed wall, and/or enclosure by brick, siding or other materials. Occasional use of a garage for social gatherings, such as parties, which does not involve physical conversion of the garage, is permitted.
(c) Garage doors. A garage shall have an opaque vehicular access overhead retractable door which allows vehicles to enter and exit the building freely and without obstruction. Garage doors of a different style, such as carriage doors, which are consistent with the architectural design of the home and not otherwise inconsistent with the intent of this ordinance may be permitted subject to a compatibility review for accessory buildings as provided by Section 2.03(A)(7) of the Zoning Ordinance. In addition to a permitted garage door, a garage may have a service door (solid/hinged, sliding or French doors) not exceeding eight (8) feet in width for allowing entry into the garage.
All garage doors are subject to the requirements of the building code.
(d) Sleeping. In no event shall any garage be used for sleeping purposes, nor shall a garage have any opening into a room used for sleeping purposes.
(e) Heat. No open flame heaters shall be used or installed.
(f) Permitted utilities. Installation of electrical or plumbing service is not permitted except as follows: a) a faucet or utility sink is allowed as permitted by Code; b) basic electrical service incidental to the use of the garage for minor repairs or hobbies is permitted; c) no bathroom facilities are permitted.
(g) Cooking Prohibited. No cooking of any kind shall occur in any garage.
(h) Lease of garages. No garage may be leased to any person separately from the owner or tenant of the principal residence. No garage shall be leased to any business or used for any commercial purpose whatsoever.
(i) Commercial storage. Storage of materials, inventory or machinery used in a commercial business or enterprise is not allowed.
(j) Off-street parking. Any use of a garage which impedes the ability of the occupants of the home to meet the residential parking requirements set forth in Section 4.01(B)(2) of the Zoning Ordinance is prohibited.
(k) Public Service Day. Any use of a garage which impedes the ability of the occupants of the home to meet the parking requirements set forth in Section 18-358 of the Dearborn Code of Ordinances, entitled "Public Service Day", is prohibited.
B. Attached accessory buildings. Unless otherwise specified in this Article, accessory buildings or structures which are attached to the principal building (such as an attached garage, breezeway, or workshop) shall be considered a part of the principal building for the purposes of determining conformance with area, setback, height, and bulk requirements. The floor area of a garage attached to a principal residence shall not exceed twenty (20) percent of the total area of the residence or seven hundred (700) square feet, whichever is greater.
1. Attached garages. A garage attached to a one (1) family residence shall not be considered part of the principal building for purposes of determining conformance with the combined side yard setback requirement if the garage and residence meet the following requirements:
(a) Minimum lot width: Sixty (60) feet.
(b) Maximum height of house and garage: One (1) story/twenty (20) feet.
(c) Minimum side setback (each side): Four (4) feet.
(d) Minimum setback to front of garage: Four (4) feet behind the front of the residence.
C. Detached accessory buildings.
1. Location. Detached accessory buildings shall not be located in a front yard or a required side yard; except that the following accessory uses may be permitted in the front or side yards of commercial or industrial districts with appropriate landscaping, subject to the approval of the planning commission: buildings for parking attendants, guard shelters, gate houses, and transformer pads.
2. Setbacks. Detached accessory buildings shall comply with the following setback requirements:
(a) Front yard setback. Accessory buildings shall comply with the front setback requirements for the district in which they are located. However, in no case shall an accessory building be located closer to the front lot line than the principal building.
(b) Side yard setback The accessory building shall comply with the side yard setbacks for the district which it is located, except that the minimum side yard setback for accessory buildings in single-family districts shall be eighteen (18) inches for lots equal to or less than thirty-five (35) feet in width. The area shall be maintained with all the following conditions: hard-surfaced, maintenance-free and sloped that water runoff has no impact on adjoining property and gutters shall be installed on the accessory building.
(c) Rear yard setback. Accessory buildings shall be located no closer than three feet to the rear lot line. Where the rear lot line is coterminous with an alley right-of-way line, the accessory building may be located within one foot of the rear lot line.
(d) Distance from other buildings. The primary purpose of a garage in a residentially-zoned district is for the storage of vehicles. A detached garage shall be located in the rear yard in a location such that the resident can freely access and park a vehicle in each bay of the garage. The accessibility of the garage bays shall be determined by the building official. For fire prevention purposes, if the accessory building is less than ten (10) feet from the principal structure, then protective materials with at least one (1)-hour fire rating are required in the exterior wall(s) of the principal structure that is closer than ten (10) feet to the principal structure.
(e) Setback on corner lots. Accessory buildings on a corner lot shall comply with the front setback requirements on any side that faces a street, if there is at least one (1) house in the same block that fronts on said street. If there are no houses fronting on the street, then the corner house shall provide a minimum setback of three (3) feet on said side street.
3. Size and lot coverage. Detached accessory buildings shall not cover more than seven hundred (700) square feet.
(a) Permitted lot coverage on a single family residential lot may be increased up to five (5) percent solely to accommodate the construction of a twenty (20) foot wide by twenty (20)-foot deep detached garage if the home and all other structures that count toward lot coverage were constructed prior to 1993. Any existing garage or shed may not be retained in conjunction with this provision.
4. Height.
(a) Detached accessory buildings in residential districts shall not exceed one (1) story and sixteen (16) feet in height. The roof pitch shall be less than or equal to the roof pitch of the principle structure.
(b) Detached accessory buildings in nonresidential districts shall comply with the maximum height standards for the district in which they are located.
5. Limitation. In addition to a garage, each residential lost is permitted one (1) shed).
D. Accessory structures.
1. General requirements. Accessory structures (for example, swimming pools, freestanding solar panels, tennis courts, antennas) require a building permit and review for zoning compliance. Accessory structures shall be located in the rear yard and shall comply with height, yard setbacks, and lot coverage requirements for accessory buildings, unless otherwise permitted in this ordinance.
2. Limitation. Exclusive of fences, decks air conditioning units, and storage lockers/containers up to 60 cu. ft., (subsections (b), (c), (f), and (g), below) the number of detached accessory structures shall not exceed three (3) per property, unless approved by the Zoning Board of Appeals. All accessory structures shall require Zoning Board of Appeals approval, except for the following:
(a) Pergolas and gazebos subject to the regulations in subsection 3. and 4. below.
(b) Fences and privacy screens which comply with Section 2.19 of this ordinance.
(c) Decks.
(d) Hot-tub or spas.
(e) Above/in-ground swimming pools.
(f) Central air conditioning units and heat pumps, subject to the approval of the building official.
(g) Storage lockers/containers up to 60 cu. ft. in size located on a deck, porch, patio or other paved surface (maximum of two (2) per property).
3. Pergolas and gazebos. Pergolas and gazebos that do not comply with all of the conditions listed in subsection 4. below are subject to the standard restrictions on lot coverage (Section 29.02); setbacks (Section 2.03C); appearance (Section 2.03A.7); and a maximum height of sixteen (16) feet, the maximum permitted floor area based on lot size per the table below:
Lot Size Maximum Floor Area
Less than 5,000 s.f. 200 s.f.
5,000—10,000 s.f. 300 s.f.
Greater than 10,000 s.f. 400 s.f.
(a) Parking of any type of vehicle under a pergola or gazebo shall be prohibited.
(b) The use of a pergola or gazebo for storage purposes shall be prohibited.
(c) Pergolas and gazebos may not be located in a driveway.
4. Seasonal pergolas and gazebos. Seasonal pergolas and gazebos are defined as those that meet all of the conditions and requirements listed below. They shall be located in the rear yard and comply with all yard setback requirements listed in subsection C.2.(a)-(c). Seasonal pergolas and gazebos do not require a building permit or zoning review. A seasonal pergola or gazebo:
(a) Shall not be erected before March 1 and shall be removed by November 30 each calendar year. If the structure consists of a frame covered by a removable cloth or canvas surface, the framing structure may remain up between November 30 and March 1 provided that the cloth or canvas covering is fully removed during those months.
(b) Shall not exceed 192 sq. ft.
(c) Shall not exceed a maximum height of sixteen (16) feet.
(d) Shall be prefabricated.
(e) Shall be anchored or attached to grade in accordance with product specifications.
(f) Shall not be used for storage or contribute to harborage for rodents/vermin.
(g) Shall not be used for parking of any type of vehicle under the structure.
(h) May be located in a driveway, provided it is still within the rear yard.
(Ord. No. 93-553, § 2.03, 2-2-1993; Ord. No. 93-575, 11-3-1993; Ord. No. 95-626, 3-7-1995; Ord. No. 02-883, 5-7-2002; Ord. No. 02-925, 12-3-2002; Ord. No. 04-1009, 8-4-2004; Ord. No. 04-1010, 8-4-2004; Ord. No. 04-1011, 8-4-2004; Ord. No. 02-883, 5-15-2002; Ord. No. 06-1081, 10-16-2006; Ord. No. 07-1127, 6-4-2007; Ord. No. 08-1171, 7-14-2008; Ord. No. 08-1172, 7-14-2008; Ord. No. 09-1214, 2-17-2009; Ord. No. 11-1319, 4-4-2011; Ord. No. 12-1367, 10-9-2012; Ord. No. 13-1414, 3-4-2014; Ord. No. 14-1431, 8-12-2014; Ord. No. 19-1646, 4-23-2019; Ord. No. 20-1691, 12-8-2020)