Buildings and or structures accessory to agricultural and single-family residential uses shall be subject to the following regulations.
(A) Where the accessory buildings and or structures are structurally attached to a main building, it shall not exceed the ground floor area of the principal structure, and must conform to all regulations of this chapter applicable to main buildings.
(B) Where the accessory buildings and or structures are structurally detached from the main building, it shall comply with the following items:
(1) No detached accessory building and or structure shall be located in any required front yard setback area as required in § 153.200.
(2) All detached accessory buildings and or structures located outside of the required setbacks, as listed in § 153.200, but in a front yard area must comply with the following conditions:
(a) All such detached accessory buildings and or structures shall be located behind the front wall line of the main building on the adjoining properties.
(b) All such detached accessory buildings and or structures shall maintain a roof type and exterior wall covering to match or be compatible to that of the main principal residential dwelling unit located on the property.
(c) All such detached accessory buildings and or structures must maintain a 25-foot side yard setback from side or rear property lines of adjoining properties.
(d) All such detached accessory buildings and or structures shall not be placed directly in front of any living area of the main dwelling unit, unless the accessory building is located over 100 feet from the main dwelling unit.
(3) No detached accessory buildings and or structures may occupy more than 25% of a required rear yard, plus 40% of any non-required rear yard.
(4) (a) Detached accessory buildings and or structures shall not be located closer than 10 feet to any principal building or other accessory buildings and or structures, nor shall it be located closer than 10 feet to any rear or side lot line.
(b) Detached accessory buildings and or structures meeting all of the following requirements shall be permitted to be located within the 10-foot setback area from any principal building or other accessory buildings and/or structures. Such accessory buildings and or structures shall not be located closer than the required front, rear or side yard setback as listed for principal buildings in § 153.200.
1. The detached accessory buildings and or structures shall have a foundation not less than the minimum required by the Michigan Building Code for frost protection.
2. On any section of the detached accessory buildings and or structures located 5 feet or less from any principal building or other accessory building and or structure, a fire partition shall be provided of not less than a 1-hour fire resistance rating on the accessory building and or structure side.
3. The detached accessory buildings and or structures shall not be located closer than 15 feet to any side lot line.
(5) In subdivisions, detached accessory buildings and or structures of less than 150 square feet may be located as close as 5 feet to the side or rear lot line.
(6) Detached accessory buildings shall observe the following size requirements:
Parcel Size | Maximum Building Sizes | Maximum Number of Buildings |
Up to 1 acre (43,560 square feet) | Accessory buildings shall be no greater than the foundation size of the main dwelling unit 160 square feet | 1 1 |
Greater than 1 acre and less than 5 acres (217,800 square feet) | The total combined area of 2 accessory buildings shall not exceed 3,000 square feet 160 square feet | 2 1 |
Greater than 5 acres (217,800 square feet) | The total combined area of 2 accessory buildings shall not exceed 4,000 square feet 160 square feet | 2 1 |
Note: The maximum building lot coverage for all structures located on a single lot of record must be in compliance with § 153.200. | ||
(7) Accessory buildings and or structures on corner lots shall comply with the following:
(a) For the purposes of determining setbacks as measured from the right-of-way line, a corner lot shall maintain the minimum required front yard setback on both road and/or street frontages.
(b) The required rear yard setback shall be applied to the yard opposite of the building's street address.
(8) No accessory buildings and or structures in a residential zoning district shall exceed 1 story or 18 feet in height, except for buildings accessory to agricultural uses.
(9) No accessory buildings and or structures shall be constructed prior to the completion of the footings of the principal building on the property.
(10) No accessory buildings and or structures shall involve any business, profession, trade, or occupation in the accessory buildings.
(11) Accessory buildings and or structures used in conjunction with a bona fide agricultural operation are exempt from the height limitation, restrictions on the number of buildings, and the floor area requirements noted above.
(12) When the placement of a detached accessory building and or structure is denied by the Building Official, an appeal before the Zoning Board of Appeals may be taken by the property owner. Notification of surrounding property owners, as required under § 153.427 of the code, must be complied with prior to the appeal being heard.
(C) A private solar energy system that is accessory to a principal use that is designed and built to serve the principal use of the property shall comply with the following requirements.
(1) Freestanding or ground-mounted solar energy systems shall comply with the following:
(a) SES shall not be located in any front yard area, except when said system is located near a rear yard area of an adjoining property and is located a minimum of 100 feet from any adjoining residential dwelling structure.
(b) SES shall not be located closer than 10 feet to any principal building or other accessory buildings and or structures located on the property. SES shall not be located closer than 10 feet to any rear or side lot line and be a distance of at least 100 feet from an adjoining residential dwelling structure.
(c) Private SES shall be restricted to a height of 12 feet.
(d) The total square feet of all solar energy systems shall not exceed the total square footage of the foundation of the principal dwelling unit located on the property.
(2) A roof-mounted solar energy system, including solar shingles, shall be installed in compliance with the Michigan Residential Building Code and shall not project more than 2 feet above the highest point of the roof it is located on.
(3) When the placement of any solar energy system is denied by the Building Official, an appeal before the Zoning Board of Appeals may be requested by the property owner. Notification of surrounding property owners, as required under § 153.427 of the code, must be complied with prior to the review.
(D) Cargo containers.
(1) The placement and use of any cargo container as an accessory building or structure, temporarily or otherwise, is prohibited in all zoning districts.
(2) For the purposes of this division, a CARGO CONTAINER shall be defined as a reusable vessel that was originally designed for or used in the packing, shipping, movement, or transportation of freight, articles, goods, or commodities, which is capable of being mounted or moved by rail, truck, or ship, including any other portable containers or pods used for storage with similar appearance and characteristics of cargo containers.
(3) This division shall not apply to the temporary use of storage containers for construction activities on properties with a valid, current, and appropriate building or zoning permit.
(4) An administrative permit may be granted by the Zoning Official or his/her designee, not to exceed 14 days, for the use of such a container while in the active process of moving to or from the property on which the container is placed.
(Ord. 99, passed 11-18-1996, § 22.06; Am. Ord. 111, passed 5-18-1998; Am. Ord. 170, passed 9-16-2008; Am. Ord. 12-198, passed 1-15-2013; Am. Ord. 18-231, passed 12-18-2018; Am. Ord. 21-003-153.340, passed 9-21-2021; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021)