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A. Scope of regulations. No structure or tract of land shall hereafter be used or occupied, and no structure, or part thereof, shall be erected, altered, or moved, except in conformity with the provisions of this ordinance. Uses not expressly permitted are prohibited. Uses for enterprises or purposes that are contrary to federal, state or local laws or ordinances are prohibited.
However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this ordinance, Feb. 11, 1993, and construction is begun within six (6) months of the effective date, said building or structure may be completed in accordance with the approved plans. Furthermore, upon completion the building may be occupied under a Certificate of Occupancy for the use for which the building was originally designated, subject thereafter to the provisions of Article 3.00 concerning nonconformities. Any subsequent text or map amendments shall not affect previously issued valid permits.
B. Minimum requirements. The provisions of this ordinance shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, morals, prosperity, and general welfare.
C. Relationship to other ordinances or agreements. This ordinance is not intended to abrogate or annul any ordinance, rule, regulation, permit, easement, covenant, or other private agreement previously adopted, issued, or entered into and not in conflict with the provisions of this ordinance.
However, where the regulations of this ordinance are more restrictive or impose higher standards or requirements than other such ordinances, rules, regulations, permits, easements, covenants, or other private agreements, the requirements of this ordinance shall govern.
D. Vested right. Nothing in this ordinance should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or permissible activities therein. Furthermore, such rights as may exist through enforcement of this ordinance are hereby declared to be subject to subsequent amendment, change or modification as may be necessary for the preservation or protection of public health, safety, and welfare.
E. Continued conformity with yard and bulk regulations. The owner of a building or the property on which it is located shall maintain all required setbacks, open space, and other minimum yard and bulk requirements for as long as the building is in existence.
No portion of a lot used in complying with the provisions of this ordinance in connection with an existing or planned building, shall again be used to qualify or justify any other building or structure existing or intended to exist at the same time.
F. Division and consolidation of land. No zoning lot shall hereafter be divided into two (2) or more zoning lots and no portion of any zoning lot shall be sold, unless all zoning lots resulting from each such division or sale conform with all regulations of the zoning district in which the property is located, and further as provided for in City Ordinance, Section 17.5-11.
G. Unlawful buildings, structures, site designs and uses. A building, structure, or use which was not lawfully existing at the time of adoption of this ordinance shall not be made lawful solely by adoption of this ordinance. In case any building, or part thereof, is used, erected, occupied or altered contrary to the provisions of this ordinance, such building or use shall be deemed an unlawful nuisance and may be required to be vacated, torn down or abated by any legal means, and shall not be used or occupied until it has been made to conform to the provisions of this ordinance. Public expenditures toward abating any such nuisance shall become a lien upon the land.
H. Voting place. The provisions of this ordinance shall not be construed to interfere with the temporary use of any property as a voting place in connection with a public election.
(Ord. No. 93-553, § 2.01, 2-2-1993; Ord. No. 10-1267, 5-3-2010)
Only the following uses of land, buildings, or structures shall be allowed in the City:
A. Uses lawfully established on the effective date of this ordinance, Feb. 11, 1993.
B. Uses for which a building permit had been issued in accordance with Section 21.07.
C. Permitted uses in the applicable zoning districts, subject to the requirements specified.
D. Conditional and Special Uses in the applicable zoning districts, subject conditions and requirements specified.
E. Temporary uses subject to the requirements specified in Section 2.07.
(Ord. No. 93-553, § 2.02, 2-2-1993)
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)
A. Incompletely constructed structures. Any incompletely constructed structure which does not meet the requirements of the Building Code or this Ordinance shall not be issued a Certificate of Occupancy and shall not be used as a dwelling. For the purposes of this section, a basement which does not have a residential structure constructed above it shall be considered an incompletely constructed structure.
B. Caretaker residence. No dwelling shall be erected in a commercial or industrial district, except for the living quarters of a watchman or caretaker and his/her immediate family. Any such living quarters shall consist of a structure which is permanently affixed to the ground, constructed in accordance with the adopted Building Code, and provided with plumbing, heating, bathroom, and kitchen facilities. In no case shall such living quarters be used as a permanent single-family residence by anyone other than a watchman or caretaker and his/her immediate family.
(Ord. No. 93-553, § 2.04, 2-2-1993)
Any residential structure, including manufactured dwellings and mobile homes not located in mobile home parks, shall be erected or constructed only if in compliance with the following residential design standards. This section shall not apply to any applications for permits which were submitted prior tot he effective date of this section. The City Planning Division shall have the authority to determine if the following requirements are being complied with.
General requirements.
1. Area and bulk regulations. Any residential structure, including any mobile home dwelling unit, shall comply with the requirements specified in Article 29.00. Mobile homes shall comply with all regulations normally required for site-built housing in the zoning district in which it is located, unless specifically indicated otherwise herein.
2. Foundation. Any residential structure, including a mobile home, shall be placed on a permanent foundation to form a complete enclosure under the exterior walls. The foundation shall be constructed in accordance with the adopted Building Code of the City. A mobile home shall be securely anchored to its foundation in order to prevent displacement during windstorms. The wheels, tongue and hitch assembly, and other towing appurtenances, shall be removed before attaching a mobile home to its permanent foundation.
3. Other regulations. Residential structures shall be constructed in compliance with applicable state, federal, or local laws or ordinances. Mobile homes shall comply with the most recent regulations specified by the United States Department of Housing and Urban Development, Mobile Home Construction and Safety Standards (24 CFR 3280), as amended.
4. Use. Mobile homes and other structures shall be used only for the purposes permitted in the zoning district in which they are located.
5. Attachments. Any exterior attachments or extensions onto a dwelling unit, such as entry steps and storage buildings, shall comply with the adopted Building Code of the City.
6. Utility connections. All residential structures shall be connected to the public sewer and water systems.
7. Design quality for infill development. The design quality of new and substantially expanded or renovated existing residential structures in established neighborhoods can have a substantial impact on the character, quality, and stability of those neighborhoods. To ensure that all new and substantially renovated residential structures constitute an improvement to the area they shall be subject to a design quality review based on the following requirements. The following requirements are in addition to, not in place of, other applicable requirements in this section.
(a) Applicability. New homes and substantial expansions/renovations of existing homes that exceed the threshold for legal nonconformity for improvements and modernization set forth in Dearborn Zoning Ordinance section 3.05.C.2 are subject to design quality review per this section.
(b) Procedure. Review of these requirements will be carried out as part of the standard zoning compliance review required for permitting.
(1) Specific design guidelines.
a. Front entry: For two story homes, the peak height of the roof over the front entry shall be below the midpoint height of the main roof. For one story homes, the peak height of the roof over the front entry shall be below the peak height of the main roof.
b. Roofs.
i. Roof shapes: no more than two roof shapes shall be permitted on the front elevation (gable, hip, gambrel, studio, A frame, etc.)
ii. Roof pitch: main roofs shall have a minimum pitch of 5:12, except where the specific architectural style dictates otherwise (i.e., French provincial, Italianate, etc.)
c. Dormers.
i. Dormers shall not make up more than 50% of the roof area of the front half of the home.
d. Exterior materials.
i. Primary exterior materials (making up more than 25% of the façade) shall consist of no more than three materials.
ii. Secondary exterior materials (making up less than 25% of the façade) shall be made up of no more than three materials.
iii. E.F.I.S. and stucco shall only be permitted as secondary exterior materials. Their use as primary exterior materials on homes is prohibited.
iv. Glare/reflection: the reflection from exterior surfaces shall be no greater than from white semi-gloss exterior enamel.
8. Attached garages. Attached garages shall only be permitted if they meet the following standards:
(a)
Lot has a minimum width of forty-five (45) feet.
(b) Exceptions:
(1) Corner lots with the garage entry off the side yard facing the side street.
(2) Where the proposed configuration is consistent with the dominant pattern of existing development in the immediate area (as in many existing condominium communities).
(3) Side loaded garages designed to blend into the front façade of the home in such a way as to not compromise the standards in the design quality section.
9. Driveways. Driveways are required and permitted on residential lots accessory to homes primarily for the purpose of providing access to off-street parking in a garage or the rear yard. Residential driveways shall meet the following requirements:
(a) Standard driveways (driveways providing direct access to parking in a garage or rear yard):
(1) Minimum driveway width: ten (10) feet (may be reduced to nine (9) feet on lots less than fifty (50) feet in width).
(2) Maximum driveway width in the front yard: twelve (12) feet for a driveway going to a single bay attached garage or to any size garage or parking pad in the rear yard, twenty (20) feet for a driveway going to an attached two bay garage with doors facing the street.
(b) Circular driveways (an extra driveway generally providing for a drop-off area near the front door to the home):
(1) Shall not exceed the front yard and total impervious surface limits in this section.
(2) Only permitted on lots with a front yard of a minimum width of seventy-five (75) feet and minimum depth of thirty-five (35) feet.
(3) Maximum drive width: twelve (12) feet.
(4) Shall only be permitted one additional curb cut, one entrance from the street must also be the main driveway to the garage.
a. Exception: In the case of a side yard loaded garage on a corner lot, the circular drive may have two curb cuts to the front yard. The curb cuts shall be a minimum of twenty-five (25) feet from the right-of-way line of the side street.
(5) Minimum required side yard setback: three (3) feet.
(6) Circular drive design must permit a full-size vehicle to travel its length without leaving driveway pavement.
(c) Driveways may be constructed out of permeable pavers if they are rated for vehicle weight per manufacturers’ specification.
10. Standards for Mobile Homes & Manufactured Dwellings. The dimensions and placement of mobile homes or manufactured dwellings located outside of a mobile home park shall be comparable to typical dimensions and placement of site-built housing in the vicinity. Therefore, a mobile home or manufactured dwelling shall be located on the lot so that the minimum width of the front elevation is no less than thirty-four (34) feet and the minimum dimension along any side or rear elevation is no less than sixteen (16) feet. If there are any extensions or additions off of the front of the mobile home or manufactured dwelling, the minimum width of any such secondary front elevation shall be sixteen (16) feet. Such dimensions shall be measured from the outer extremities and shall include additions to the main body of the mobile home or manufactured dwelling, such as living or recreation rooms, garages, carports, utility rooms, and the like, the front portions of which are within ten (10) feet of the front of the main body of the mobile home or manufactured dwelling.
11. Roof overhang. Residential structures shall be designed with either a roof overhang of not less than six (6) inches on all sides or with window sills and roof drainage systems to concentrate roof drainage at collection points along the sides of the dwelling.
12. Cantilevers. Cantilever areas shall be included as part of the calculation for lot coverage and shall comply with the lot coverage and setback requirements listed in Section 29.02 of the Dearborn Zoning Ordinance.
13. Exterior doors. Residential structures shall conform with Chapter 5, Article II, of the Dearborn City Code, entitled “Building Code,” regarding design standards for the number of exterior doors.
14. Lot combinations. The size of the originally platted lot or site condominium lot in an established development largely defines the consistent character and development pattern for a neighborhood. The combination of lots to create larger single home sites can have the effect of disrupting the character and orderly development of the area. As such lot combinations that meet any of the following criteria require approval by the Planning Commission. Approval of any lot combination meeting the criteria shall be contingent upon site plan review and approval by the Planning Commission. Any site plan modifications will require approval by the Planning Commission.
(a) Lot combinations where the resulting lot would exceed twice the size of the largest of the constituent lots as established in the plat or master deed.
(b) Lot combinations where the resulting lot would exceed twenty thousand (20,000) square feet.
(c) To approve such a lot combination the Planning Commission must find that the proposed combination of lots would result in the development of the land in such a manner as to be compatible with surrounding land uses and development and not contrary to the spirit and purpose of the subdivision plat, site condominium documents, city master plan and zoning ordinance.
(Ord. No. 93-553, § 2.05, 2-2-1993; Ord. No. 95-626, 3-7-1995; Ord. No. 01-859, 3-5-2002, amended 6-28-2004; Ord. No. 18-1626, 9-24-2019; Ord. No. 24-1822, 8-20-2024)
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