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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)
General requirements. Temporary buildings and structures shall comply with the following requirements:
1. Temporary structures used for nonresidential purposes. Temporary buildings for nonresidential use, including semitrucks/trailers and concrete batch plants, shall be permitted only when the intended use is by a contractor or builder in conjunction with a construction project, and only after review and approval by the building official. Such temporary structures shall be removed immediately upon completion of the construction project and prior to a request for a Certificate of Occupancy for the project.
2. Permits. Pursuant to the adopted Building Code, approval from the building official shall be required for a permit for a temporary structure. Any such permit shall specify a date for removal of the temporary structure, but the period of approval shall not exceed one (1) year.
3. Use as an accessory structure. A temporary building or structure shall not be used as an accessory building or structure, except as permitted herein.
4. Special events and other temporary uses. The city council may grant temporary use of land and structures for special events and other temporary uses, as defined in Article 1.00 of this ordinance, subject to the following general conditions:
(a) Adequate off-street parking shall be provided.
(b) The applicant shall specify the exact duration of the temporary use.
(c) Electrical and utility connections shall be approved by the building official.
(d) The City may require a performance bond to assure proper cleanup.
The following conditions apply to specific temporary uses:
5. Conditions which apply to specific temporary uses.
(a) Carnival or circus.
— Maximum duration. Ten (10) days.
— Operator or sponsor. Nonprofit entity
— Location. Shall not be located in or adjacent to any developed residential area except on church, school or park property.
— Subject to the provisions of City Ordinance, Chapter 12.
(b) Sidewalk display and sale of bedding plants.
— Maximum duration. Thirty (30) days.
— Location. In commercial districts only.
— Sidewalk coverage. Shall not cover more than twenty (20) percent the width of the sidewalk.
— Subject to the provisions of City Ordinance, Chapter 12.
Cross reference— Restrictions on sidewalk sales, Section 12-144, City of Dearborn Code of Ordinances.
(c) Christmas tree sales.
— Maximum duration. Forty-five (45) days.
— Clean-up. Stumps, branches, and other debris shall be completely removed from site. Leftover trees shall be removed within one (1) week after Christmas.
(Ord. No. 93-553, § 2.07, 2-2-1993)
A. General requirements. A land use which is not cited by name as a permitted use in a zoning district may be permitted upon determination by the city planner that such use is clearly similar in nature and compatible with the listed or existing uses in that district. In making such a determination, the city planner shall consider the following:
1. Determination of compatibility. In making the determination of compatibility, the city planner shall consider specific characteristics of the use in question and compare such characteristics with those of the uses which are expressly permitted in the district. Such characteristics shall include, but are not limited to, traffic generation, types of service offered, types of goods produced, methods of operation, and building characteristics.
2. Conditions by which use may be permitted. If the city planner determines that the proposed use is compatible with permitted and existing uses in the district, the city planner shall then decide whether the proposed use shall be permitted by right, as a Special Use, or as a permitted accessory use. The proposed use shall be subject to the review and approval requirements for the district in which it is located.
3. Plan Commission determination. In the event that the city planner is unable to decide if a use should be considered a permitted use in a particular zoning district, then the determination shall be made by the plan commission, which may elect to resolve the case by initiating an amendment to the zoning ordinance.
4. Uses listed in another district. No use shall be permitted in a district under the terms of this section if the use is specifically listed as a use permitted by right or as a Special Use in any other district.
(Ord. No. 93-553, § 2.08, 2-2-1993)
General regulations. All lots, buildings, and structures shall comply with the following general yard and bulk regulations unless specifically stated otherwise in this ordinance:
1. Minimum lot size. Every building hereafter erected on a lot or parcel of land created subsequent to the effective date of this ordinance, Feb. 11, 1993, shall comply with the lot size, lot coverage, and setback requirements for the district in which it is located.
No yards in existence on the effective date of this ordinance, Feb. 11, 1993, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this ordinance.
2. Number of principal uses per lot. Only one (1) principal building shall be placed on a lot of record or site in Single-Family Residential Districts.
3. Projections into required yards. Fire escapes, fire towers, chimneys, platforms, balconies, boiler flues, and other projections shall be considered part of the building, subject to the setback requirements for the district in which the building is located. The following table identifies permitted projections in required yards:
PERMITTED PROJECTIONS INTO REQUIRED YARDS | |||||
Projections | All Yards | Interior Rear Yard | Corner Side Yard | Side Yard | Court Yard |
Air conditioning equipment shelters | — | X | X | X | X |
Access drives | X | — | — | — | — |
Arbors and trellises | X | — | — | — | — |
Awnings and canopies | X | — | — | — | — |
Bay windows | X | — | — | — | — |
Decks, if not enclosed | — | X | — | — | — |
Eaves, overhanging | X | — | — | — | — |
Emergency electrical generators* | — | X | — | — | — |
Fences * | X | — | — | — | — |
Flagpoles | X | — | — | — | — |
Gardens | X | — | — | — | — |
Hedges | X | — | — | — | — |
Laundry drying equipment | — | X | X | — | — |
Light standards, ornamental | X | — | — | — | — |
Parking, off street * | X | — | — | — | — |
Paved terraces and open porches * | — | X | — | — | — |
Porches, unenclosed with or without proof * | X | — | — | — | — |
Approved signs * | X | — | — | — | — |
Stairways, open unroofed | X | — | — | — | — |
Steps | X | X | X | X | X |
Television or radio towers or antennas | — | X | X | X | X |
Trees, shrubs, and flowers | X | — | — | — | — |
Walls (see Fences) * | X | — | — | — | — |
Window air conditioning units | X | — | — | — | — |
* see additional regulations in this ordinance X = permitted
Notes Related to Table
1. Architectural features. Bay windows, window sills, belt courses, cornices, eaves, overhanging eaves, and other architectural features may project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard, and may extend into any front or rear yard not more than twenty-four (24) inches.
2. Terraces and porches. Open paved terraces, porticos, decks, porte cocheres, and open porches not more than four (4) feet in height may project into a required rear yard up to ten (10) feet, provided that the unoccupied portion of the rear yard has a depth of at least twenty-five (25) feet.
3. Access drives and walkways. 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. Further, any walk, terrace or other pavement serving a like function, shall be permitted in any required yard, providing the pavement is no higher than six (6) inches above grade.
4. Porches, unenclosed with or without a roof. Porches and similar permanently unenclosed ground-story projections may extend into a required yard not more than ten (10) feet, but not nearer in any case than ten (10) feet to a front or rear lot line, or nearer than three (3) feet to any side yard lot line. A front porch roof structure shall be compatible to the structures in the immediate vicinity per Section 2.05(A) 7, Compatibility.
5. Unobstructed sight distance. No fence, wall, structure, or planting shall be erected, established, or maintained on any lot which will obstruct the view of drivers in vehicles approaching an intersection of two (2) roads or the intersection of a road and a driveway (see diagram). Fences, walls, structures, or plantings located in the triangular area described below shall not be permitted to obstruct cross-visibility between a height of thirty (30) inches and six (6) feet above the lowest point of the intersecting road(s).
Trees. Trees shall be permitted in the triangular area provided that limbs and foliage are trimmed so that they do not extend into the cross-visibility area or otherwise create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three (3) feet from the edge of any driveway or road pavement within the triangular area.
Unobstructed sight area
The unobstructed triangular area is described as follows:
— The area formed at the corner intersection of two (2) public right-of-way lines, the two (2) sides of the triangular area being twenty-five (25) feet in length measured along abutting public rights-of-way lines, and third side being a line connecting these two (2) sides, or
— The area formed at the corner intersection of a public right-of-way and a driveway, the two (2) sides of the triangular area being ten (10) feet in length measured along the right-of-way line and edge of the driveway, and the third side being a line connecting these two (2) sides.
6. Lots adjoining alleys. In calculating the area of a lot that adjoins an alley for the purposes of applying lot area and setback requirements, one-half (½) of the width of said alley shall be considered a part of the lot. However, if a portion of the lot is occupied by an alley currently in use (i.e., not vacated), then such area shall not be used in lot area computations related to the landscaping standards.
(Ord. No. 93-553, § 2.09, 2-2-1993; Ord. No. 95-626, 3-7-1995; Ord. No. 02-884, 4-16-2002; Ord. No. 08-1173, 7-14-2008; Ord. No. 11-1307, 1-4-2011)
Unobstructed Sight Distance
A. Intent. Unimpeded, safe access to parcels of land throughout the City is necessary to provide adequate police and fire protection, ambulance services, and other public services, and to otherwise promote and protect the health, safety, and welfare of the public. The standards and specifications set forth herein are determined to be the minimum standards and specifications necessary to meet the above stated intentions.
B. Public access required. The front lot line of all lots shall abut onto a publicly dedicated road right-of-way.
C. Driveway dimensions. Driveways providing access to residential, commercial or industrial properties shall comply with the dimensional standards specified in Article 4.00.
D. Access across residential district land. No land which is located in a residential district shall be used for a driveway, walkway, or access purposes to any land which is located in a nonresidential district, unless such access is by way of a public road.
E. Service roads. If the plan commission determines that proposed or anticipated development will result in an excessive number of entrance or exit drives onto a public road, thereby creating potentially hazardous traffic conditions and diminishing the carrying capacity of the road, the commission may permit or require construction of service roads across abutting parcels and generally parallel to the arterial street to allow traffic to circulate from one parcel to another without re-entering the public road. The front edge of any such secondary access drive shall be located no closer to the road than the future right-of-way line. Such secondary access drive shall conform to the minimum specifications established by the city engineer.
F. Performance guarantee. To assure completion of a private road or service road in conformance with the requirements set forth herein, the building official or zoning administrator may require the applicant or owner to provide a performance guarantee, in accordance with § 2.17.
(Ord. No. 93-553, Section 2.10, 2-2-1993)
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