(a) Rear dwelling prohibited. No building in the rear of and on the same lot with a principal building shall be used for residential purposes except for watchmen, caretakers and domestic employees whose employment is related to the functions of the principal building, provided that all other requirements of this chapter are satisfied.
(b) Uses of structures for temporary dwellings. No structure shall be used for dwelling purposes that does not meet the minimum standards, as defined in this chapter and the building code. No garage, or other accessory building, trailer coach, cellar, basement, tent, cabin, or other partial structure, whether of a fixed or portable construction, shall be erected or moved onto a lot and used for any dwelling purpose unless said structure is in compliance with this chapter and the building code.
(c) Temporary buildings. Temporary buildings shall be permitted by the building official in connection with the issuance of a building permit for uses incidental to permitted construction work. Such buildings shall be removed upon the completion of the construction work or upon the building permit becoming invalid unless an extension is granted pursuant to section 94-96(a).
(d) Site development regulations.
(1) Residential front yard use. On any lot in a residential district and on any lot used for residential purposes, that portion lying in front of the building line shall be used only for landscaping purposes and nothing other than landscaping materials, permitted signs and permitted driveways shall be parked, placed, erected, or planted thereon.
(2) Fences and walls. Except as otherwise permitted in this chapter, fences or walls shall have a maximum height of six feet and shall be ornamental in design. No fence or wall with a height greater than three feet shall be constructed in the front yard of a residential building.
(3) Vision clearance across corner lot. (See figure 100-103 in chapter 100).
a. Nothing shall interfere with traffic visibility across the triangular area of a lot formed by the intersection of two public or private streets or combination thereof measuring 25 feet along the road right-of-way lines in each direction from the corner of said lot. Nothing shall interfere with traffic visibility across the triangular area adjacent to the intersection of a public or private street and a driveway formed by measuring seven feet along the driveway lines and 60 feet along the road right-of-way in each direction from the edge of said driveway. No fence, structure, or planting taller than three feet shall be erected or maintained in said triangular areas except trees with branches no lower than eight feet above the ground. However, nothing shall be permitted in the triangular area adjacent to a driveway.
b. In all manufacturing zones, where corner lots abut a railroad and a major or minor street, no structure, fence, or plantings shall be erected or maintained within a triangular area formed by measuring 200 feet along the property lines in each direction from the corner of said lot. However, if the intersection is controlled by automatic flashers installed pursuant to legal authority, the clear vision area may be reduced in accordance with subsection 94-172(h)(3)a.
(4) Residential rear yard measurement. Wherever there is a public alley abutting the rear of a residential lot for the full width of that lot, measurement of the depth of the abutting rear yard may be made to the center of such alley.
(5) Rear yard use. A rear yard may be occupied by buildings or structures for accessory uses permitted in the district provided that such structures comply with subsection 94-173(g)(4) and other applicable provisions of this chapter and the building code.
(6) One main building per lot. Every building hereafter moved, erected or structurally altered shall be located on a lot as herein provided and, except in the case of an approved planned unit development as herein defined, there shall be no more than one main building and permitted accessory buildings on one lot within a residential zone.
(7) Restriction on building location. No building permit shall be issued for any building or structure at any location within the proposed future outside lines of any new, extended, or widened street, avenue, place, or other public way, or any park, playground, or other public grounds or extensions thereof as shown on any certified plat adopted pursuant to Public Act No. 222 of 1943, (MCL 125.51 et seq.). Any owner denied a permit within such area shall have the right to appeal such decision to the zoning board of appeals pursuant to the procedures and review standards provided at Section 4 of Public Act 222 of 1943 (MCL 125.54).
(8) Buildings to be moved.
a. Any building or structure, which has been wholly or partially erected on any premises, shall not be moved from, or placed upon, any lot in the city until a building permit has been issued. Any such building or structure shall fully conform to all the provisions of this chapter in the same manner as a new building or structure.
b. Before a building permit may be issued for moving a building or structure, the building official shall inspect same and shall determine if it is in a safe condition to be moved, whether it may be reconditioned to comply with the building code and other city requirements for the use and occupancy for which it is to be used, and whether it may be moved.
c. Trees removed from the public right-of-way to facilitate the move of a building or structure, other than nuisance trees as determined by the city, shall be replaced by the party to whom the building permit is issued.
1. Trees used to replace removed trees shall be of a species and size approved by the tree commission of the city. Tree replacement shall be according to the following:
i. Each removed tree of over two-inch caliper up to 15-inch caliper shall be replaced by one new tree.
ii. Each removed tree of over 15-inch caliper up to 35-inch caliper shall be replaced by two new trees.
iii. Each removed tree of over 35-inch caliper shall be replaced by three new trees.
2. All replacement trees shall be planted within one year of tree removal and in locations determined by the city.
3. A performance guarantee in accordance with section 94-100 of this chapter may be required to assure compliance with these requirements for tree replacement.
(9) Building grades. Any building requiring yard space shall be located at such an elevation that a minimum sloping grade of not less than two percent shall be maintained for a minimum distance of ten feet from the building to cause the flow of surface water to run away from the walls of the building. When a new building is constructed on a vacant lot adjacent to an existing building, the existing established grade of the adjacent lot shall be considered in determining the grade around the new building and the yard around the new building shall be established so as to not increase the run-off of surface water onto adjacent property. Grades shall be approved, in writing, by the building official.
(10) Double frontage lots. On double frontage or through lots, a front yard, as prescribed for the district, shall be provided on both streets.
(11) Removal of soil, sand or other materials. Top soil, sand, gravel or other materials from the land shall not be removed from any premises within the city except for the purposes of necessary excavation for the construction of permitted structures, or in accordance with an approved special use permit.
(12) Mobile home and trailer dwellings prohibited. No mobile home, motor home, house trailer, trailer coach or trailer shall be used as a dwelling or place for human habitation, living, sleeping or eating, in the city, except as approved by the building official or otherwise provided in this chapter.
(Ord. No. 152, 5-1-2006; Ord. No. 159, 9-17-2007)