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(a) Detached Accessory Buildings (Residential). Except as otherwise permitted in this Zoning Ordinance, all detached
accessory buildings
located in a residential district are subject to the following regulations:
(1) All accessory buildings shall be architecturally compatible with the main building (i.e. building materials, roof pitch, height, etc.) A determination of architectural compatibility can be referred to the Planning Commission at the sole discretion of the Zoning Administrator.
(2) All multiple story detached accessory buildings shall be subject to the special land use criteria and procedures of Section 3.03.
(4) All detached accessory buildings exceeding 200 square feet shall be provided with an approved foundation system in accordance with The Michigan Building or Residential Code, as appropriate.
Location
| Ground Floor Area | Minimum Yard Setbacks | Maximum Building Height | |||||
Districts
| Lesser of | Front (ft.) | Side (ft.) | Rear (ft.) | Btw. Bldgs. (ft.) | Stories4 | Feet4 | |
R-1, R-2, R-T, and HL5 | Rear Yard1 | 30% of the rear yard or 900 sq. ft. | 25 | 3 | 3 | See footnote 3 | 2 | 25 |
RM5 | Rear Yard1 | 30% of the rear yard or 900 sq. ft.2 | 25 | 6 | 6 | See footnote 3 | 2 | 25 |
Footnotes:
1. If located on a corner lot, the detached accessory building may be located in the side yard providing the front yard setback is comparable to the main building on the adjacent lot, and a minimum side yard setback of eight (8) feet is maintained.
2. These provisions only apply to maintenance garages and storage sheds. Carports and garages shall be subject to the same provisions as the main buildings.
3. No detached accessory building of greater than two hundred (200) square feet shall be located closer than ten (10) feet from a main building, nor closer than six (6) feet from any other accessory building, regardless of whether or not the buildings are on the same or adjacent lots. Additionally, no detached accessory building shall be located closer than three (3) feet from the side or rear lot line so long as the maintenance of six (6) feet between the accessory buildings exists.
4. The height shall not exceed that of the existing main building.
5. Only one (1) detached accessory building and one (1) shed is permitted per lot.
(b) Detached Accessory Buildings (Office and Commercial). Except as otherwise permitted in this Zoning Ordinance, all detached accessory buildings located in an office or commercial district are subject to the following regulations:
(1) All buildings shall be subject to site plan review.
(2) All buildings shall be located in the rear yard only.
(3) All buildings are subject to the same placement and height requirements applicable to main buildings in the district in which located except the O-1 and B-1 districts. Detached accessory buildings in the O-1 and B-1 districts shall be located no less than six (6) feet from the side and rear property lines and shall be located no less than ten (10) feet from all other on-site or off-site buildings.
(4) All buildings shall not exceed a ground floor area of nine hundred (900) square feet.
(c) Attached Accessory Buildings. Except as otherwise permitted in this Zoning Ordinance, all attached accessory buildings are subject to the following regulations:
(1) All accessory buildings shall be architecturally compatible with the main building (i.e. building materials, roof pitch, height, etc.). A determination of architectural compatibility can be referred to the Planning Commission at the sole discretion of the Zoning Administrator.
(2) The minimum yard setbacks shall be the same as the main building and governed by Section 4.07, Schedule of Area, Height, Width and Setback Regulations.
(3) Attached accessory buildings within the O-1, B-1 and B-2 districts shall be subject to the special land use criteria and procedures of Section 3.03.
Ground Floor Area | Maximum Building Height | ||
Districts | Greater of | Stories1 | Feet1 |
R-1, R-2, R-T, and R- M | 40% of the main building or 528 sq. ft. | 2-1/2 | 25 |
HL | 40% of the main building or 528 sq. ft. | 2-1/2 | 25 |
Footnotes:
1. The height shall not exceed that of the existing main building.
(d) Decks. Decks requiring a foundation shall be subject to the following:
(1) The total square footage, excluding steps, shall not exceed the ground floor area of the principal building.
(2) Decks shall be subject to the following minimum setback requirements:
A. A deck shall meet the required side yard requirements of the district in which it is located, except that steps shall be permitted to encroach up to five feet in the required side yard setback.
B. A deck shall be permitted to encroach in the required rear and/or front yard by no more than ten (10) feet, provided the portion of a deck that occupies the required yard shall not be above the elevation of the first floor of the residence. Furthermore, the portion of a deck that occupies the required yard shall not contain any enclosed or covered structures, such as a gazebo or screened porch.
(e) Private Swimming Pools. Except as otherwise permitted in this Zoning Ordinance, all private swimming pools shall be subject to the following:
(1) Only permitted in the rear yard.
(2) There shall be a distance of not less than ten (10) feet between the adjoining property line and the outside of the pool wall.
(3) No swimming pool shall be located less than thirty-five (35) feet from a front lot line.
(4) No swimming pool shall be located less than ten (10) feet from a side street or alley right-of- way, or the distance required for side yards by this Zoning Ordinance, whichever is greater.
(5) No swimming pool shall be located in an easement.
(6) For the protection of the general public, all swimming pools shall comply with the Building Code as it relates to safety enclosures.
(7) All pools shall comply with the clearance requirements associated with overhead service power lines as per the Building Code.
(f) Accessory Residential Dwelling Units. Except as otherwise permitted in this Zoning Ordinance, all accessory residential dwelling units located on a parcel containing a permitted or special land use is subject to the following conditions:
(1) Dwelling units shall be located above the first floor.
(2) The minimum floor area requirements for multiple family dwellings set forth in Section 5.03 shall be met.
(3) The Planning Commission may impose reasonable conditions to ensure the health, safety and welfare of the occupants.
(g) Barrier Free Ramps.
(1) Temporary ramps to provide barrier free access to a single-family home shall be permitted to encroach into the required front or side yard setback to meet the required slope. Temporary ramps shall not have permanent below grade footings.
(2) Permanent ramps to provide barrier free access to a single-family home, or ramps at a structure other than a single-family home, shall be required to meet necessary side yard setbacks and shall be permitted to encroach into the front yard setback up to ten (10) feet.
The minimum floor area of dwelling units shall be as follows, and shall be satisfied within the stories above the basement:
Type of Dwelling
| Total Floor Area (sq. ft.)
|
Type of Dwelling
| Total Floor Area (sq. ft.)
|
One-family | 900 |
Two-family, per dwelling unit | 800 |
Multiple family: | |
Efficiency Unit | 250 |
1 bedroom unit | 450 |
2 bedroom unit | 600 |
3 bedroom unit | 750 |
(a) No permit shall be granted for the moving of buildings or structures from outside of or within the limits of the City to be placed on property within said limits unless the Building Official completed an inspection of the building to be moved and has found that it is structurally safe, will not adversely affect the character of existing buildings in the neighborhood at the new location, and will fully comply with the Building Code and other codes regulating public health, safety, and general welfare. A performance guarantee, as established by the City Council, of sufficient amount to insure the cost of completing the building for occupancy within a period of not less than six (6) months from date of permit shall be furnished before permit is issued.
(b) Any building to be moved shall be subject to all the limitations and requirements herein set forth relating to uses, construction, permits, and certificates of said new zoning district.
No permit shall be issued to demolish a building except in accordance with the requirements of this section.
(a) Upon receipt of an application for a demolition permit, the Building Official, in coordination with the Zoning Administrator, shall make a determination whether the building is historically significant or contributing, based on historic studies that may be prepared from time to time. If sufficient information is not available to make a determination, the Building Official may request the assistance of the Planning Commission.
(b) If a building is determined to be historically significant or contributing, the Building Official shall not issue a demolition permit until a period of ninety (90) days from the date of application has elapsed.
(c) If a building is determined to be non-contributing, the Building Official shall issue a demolition permit within a period of ten (10) days from the date of application.
(d) Nothing in this section shall be construed as to prevent enforcement of Chapter 1480, Unsafe Buildings Ordinance.
In any district except a CBD Central Business District, no fence, wall, shrubbery, sign or other obstruction to vision above a height of thirty-six (36) inches from the established street grade shall be permitted within the triangular area formed at the intersection of street right-of-way lines, by drawing a straight line between such right-of-way lines at a distance along each line of twenty-five (25) feet from their point of intersection. See Figure 15 in the Appendix.
(a) A temporary building and/or use shall be reviewed in accordance with the provisions outlined in Section 3.08.
(b) The following standards shall apply to temporary buildings and/or uses:
(1) The granting of a permit for the temporary building and/or use shall in no way constitute a change in the basic uses permitted in the district or on the property where the temporary building and/or use are permitted.
(2) No temporary building shall be located on a parcel without a permanent, principal building.
(3) Temporary buildings (including tents and commercial vehicles) may not be used for commercial purposes unless the proposed building/use is incidental to an existing commercial use located on the same parcel.
(4) With the exception of Sidewalk Café Service, approval may be granted for a period not to exceed one (1) year.
(5) All temporary buildings shall comply with all setback requirements for the district in which the building is being located.
(c) Use of Property as Voting Place. This Zoning Ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a City or other public election.
(d) Outdoor seasonal sales shall be permitted at any retail establishment, subject to the following conditions.
(1) The request for outdoor sales shall be submitted, in writing to the Zoning Administrator, prior to the beginning of the sale and shall outline the time period for the outdoor sales.
(2) Any tents being used as part of the outdoor sale shall be approved only upon the issuance of a building permit and an inspection by the Fire Marshal.
(3) All outdoor seasonal sales shall comply with the standards of Section 6.18.
(a) Standards.
(1) Construction Standards. Minimum construction standards for all one-family dwellings shall be pursuant to all applicable State, Federal and/or local laws, codes and ordinances.
(2) Unit Size and Dimensions. Each dwelling unit shall comply with the minimum square footage requirements of the zoning district in which it is located. Each dwelling unit shall have a minimum width on all elevations of twenty-four (24) feet.
(3) Foundation and Anchoring.
A. One-family dwellings must be installed on a permanent foundation. At a minimum, this shall include a cement block or poured foundation with cement footings around the complete outside perimeter of the dwelling. A basement, in accordance with applicable City Codes, may be substituted for equivalent portions of the foundation. If the foundation or basement does not meet specifications for imposed load capacity, adequate additional support shall be provided.
B. A crawl space of not less than twenty-four (24) inches shall be provided between the bottom of the home and the ground level. The crawl space shall not be utilized for storage purposes.
C. A minimum of two (2) exterior doors must be provided. All means of access, such as porches, steps and ramps, shall be fixed to the foundation of dwellings.
(4) Roof Design. The roof of each dwelling unit shall be pitched with a minimum 5:12 slope and shingled, with an overhang of not less than six (6) inches on all sides. The roof must be permanently attached to and supported by the dwelling and not by exterior supports. All dwellings shall have roof drainage systems concentrating roof drainage at collection points. Eaves troughs must be provided where appropriate.
Exceptions to roof design and materials may be granted when said roof design and materials are typical of a particular architectural style and/or are compatible with dwelling units in the surrounding area. Sealed architectural plans shall be furnished to the Zoning Administrator for his or her review as to this exception.
(5) Sewer and Water Service. All one-family dwellings shall be served by public sewer and water service, where available, or approved on-site systems in the case where public sewer and water service are not available.
(6) Storage Areas. All one-family dwellings shall contain inside storage areas equal to ten (10) percent of the square footage of the building, or one hundred (100) square feet, whichever is less. Such storage areas may be located in a basement beneath the dwelling, in an attic area, in one (1) or more closet areas or in an attached or detached structure, with construction standards and material of equal quality and durability to the principal structure.
(b) Compatibility Determination.
(1) In terms of construction standards, character, materials, design, appearance, aesthetics and quality, all dwellings shall be compatible, (i.e. meet equal or greater standards), as compared with existing dwellings in the area. The Zoning Administrator shall make the determination of compatibility in the first instance, based upon the plans, specifications and elevations that shall be presented upon application for a building permit. Such determination shall be made in view of the following:
A. The area of consideration. If the dwelling is to be located in a platted subdivision, planned unit development or site condominium development, it shall be compatible with the houses in the plat. If not in a platted subdivision, planned unit development or site condominium development, it shall be compatible with the dwellings within five hundred (500) feet of the property in question.
B. The square footage of floor space.
C. The length, width and height of the structure.
D. The architectural type and design, including, without limitation, exterior materials, the custom nature of the design, the roof style and the like, to the extent that the same would likely bear upon property values.
E. The attachment of garages.
F. Maximum lot coverage shall be in accordance with Section 4.07(n).
These regulations shall not be construed to prohibit innovative design concepts involving such matters as energy conscious devices, including solar energy, view, unique land contour and/or custom qualities.
(2) The Zoning Administrator may request a review by the Planning Commission of any dwelling unit with respect to this section. The Zoning Administrator or the Planning Commission shall not seek to discourage architectural variation, but shall seek to promote the reasonable compatibility of the character of dwelling units, thereby protecting the economic welfare and property value of surrounding residential uses and the City at large.
Home occupations that are clearly incidental and secondary to the principal residential use are permitted in specific zoning districts; however, the following conditions shall apply:
(a) The total floor area utilized by the home occupation shall not exceed an area defined as not more than twenty-five (25) percent of the total floor area of any one (1) story of the residential premises so used.
(b) The home occupation shall involve no employees on the premises, other than members of the immediate family residing on the premises.
(c) All home occupation activities shall be conducted indoors, except gardening.
(d) There shall be no outside display of any kind, or other external or visible evidence of the conduct of a home occupation. Signs advertising a home occupation are prohibited.
(e) There shall be no vehicular traffic permitted for the home occupation, other than that which is normally generated for a one-family dwelling unit in a residential area, both as to volume and type of vehicles.
(f) No home occupation shall be permitted which is injurious or a nuisance to the general character of the residential district or which creates a congested or otherwise hazardous traffic or parking condition.
(g) Any uses inconsistent with the home occupation provisions of this Zoning Ordinance shall be permitted to continue, but only until there is any change in the ownership of the land so used from and after the effective date of this section.
(h) Any uses inconsistent with the home occupation provisions of this Zoning Ordinance shall have one (1) year from and after the effective date hereof to cease and desist or to comply with this section.
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