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(b) Encumbering Land Required to Satisfy Zoning Code. No portion of a lot necessary for compliance with this Zoning Code in regard to area, height, bulk and placement regulations, in connection with an existing or proposed building, structure or use, shall, through sale or otherwise, again be used as a part of the lot required in connection with any other building, structure or use.
(c) Exceptions to Height Limits. The height limits of this Zoning Code may be modified by the Board of Zoning Appeals, upon appeal, in its application to church spires, belfries, cupolas, penthouses, domes, water towers, observation towers, power transmission towers, radio towers, masts, aerials, flagpoles, chimneys, smokestacks, ventilators, skylights, derricks, conveyors, cooling towers and other similar and necessary mechanical appurtenances pertaining to and necessary to the permitted uses of the districts in which they are located.
The provisions of this Zoning Code shall not be applied to prevent the erection, above the building height limit, of a parapet wall or cornice for ornament (and without windows), extending above such height limit not more than five feet.
(d) Averaging Existing Front Open Space. In Residential Districts, where the average front open space for existing buildings adjacent to a lot on either side, within 100 feet, exceeds the minimum specified in this Zoning Code, a front open space shall be provided on the lot equal to this greater average depth, but the same need not exceed fifty feet. Where such average front open space is less than the minimum specified, the required front open space may be reduced to this lesser depth, but in no case to less than fifteen feet from the street lot line. An adjacent vacant lot shall be considered as having the minimum front open space, as required in the district, for the purpose of computing such average front open space.
(Ord. 2. Passed 6-22-61.)
(e) Exceptions to Required Open Space. The following open and unenclosed projections into required open space are permitted: sills, belt courses, cornices, eaves, gutters, chimneys, pilasters, fire escapes, stairways, porches, marquees, balconies and, when located in a Residential District, handicapped access ramps. However, they may not project more than three feet into any required side yard or more than six feet into any required front or rear yard. In case of handicapped access ramps, they shall be constructed pursuant to rules promulgated by the Barrier Free Design Board or as contained in the State Construction Code Act of 1972, Act 230 of the Public Acts of 1972, as amended. No such access ramp shall be constructed nearer than three feet to the front property line, or in a manner so as to interfere with pedestrian or vehicular traffic in the public right of way.
(Ord. 1989-09. Passed 7-18-89.)
(f) Corner Lot Setback on Side Streets. Every corner lot in a Residential District shall have a minimum setback from the side street equal to the minimum required front setback of the district in which it is located. However, this does not reduce the buildable width of any lot of record to less than twenty-five feet, and the least required side yard for the district shall be along the interior lot line. For every corner lot in a Residential District that has a corner lot abutting or across an alley, on which an existing principal building has a setback from the side street less than required for the district, the side street setback may be reduced, but not to less than fifteen feet.
(Ord. 2. Passed 6-22-61.)
(g) Accessory Buildings. Accessory buildings in Residential Districts and in P-1 Districts shall conform to the following regulations, except as may be otherwise provided in this Zoning Code:
(1) Accessory buildings shall not exceed fifteen feet in building height.
(2) Accessory buildings in Residential Districts shall be erected in the rear open space, except when built as a part of the main building, but shall not be erected in any required front or side open space.
(3) Accessory buildings may occupy rear open spaces and are not closer than three feet from any lot line and not more than ten feet from any other adjacent accessory structure with the structure being constructed as fire rated building. Projection of sills, cornices, eaves, gutters and pilasters shall not be closer than two feet to any property line.
(4) On any corner lot in a Residential District, no part of any accessory building shall be nearer the side street lot line than the setback required for the principal building as regulated in Chapters 1238 through 1272. On any corner lot, where the existing side yard for the principal building is less than required, the accessory building setback may equal that of the principal building but shall not be less than 15 feet.
(5) On corner lots where a rear open space abuts a side open space on the adjoining lot, accessory buildings on the corner lot shall have a minimum setback from the rear lot line a distance equal to the smaller of the side setbacks required for the lot abutting the corner lot.
(6) All accessory buildings, including garages, tool sheds, permanent structures, etc., when not provided with a masonry foundation wall, shall have installed around the perimeter of the building a continuous wall of masonry or concrete, not less than four inches thick, or of other water-resistant material of equal strength. Every ratwall must extend 24 inches below the grade. Every accessory building must have a four-inch concrete floor.
(7) In existing structures (including garages, sheds and patios) that do not have ratwalls and where there is rat infestation or harborage of rats in such structures, open area or other premises, the occupants or owners thereof, and in the case of a multiple dwelling, the owner or owners thereof, shall immediately institute rat control and shall continuously maintain such measures until any such open area or other premises are declared by the Building Official or Health Inspector to be free of rat infestation. The Building Official or Health Inspector may, if the public health, safety or welfare is threatened, order the installation of ratwalls in any structure as a means to eliminate rat infestation.
(8) A vermin protection wall shall be installed and attached in all accessory buildings constructed to aid in control of vermin infestation, and said wall shall be of a material and to a depth as defined in the current Michigan Building Code.
(9) All awnings shall be installed and attached to a building. Said awning shall be of a material and constructed in accordance with the provisions of the current Michigan Building Code.
(10) All flat work shall be of the materials and in the manner as provided in accordance with the provisions of the current Michigan Building Code and the current Engineering Standards and Details of the City's Engineering Division.
(11) All sump-pumps shall be installed in a manner as provided for in the current Michigan Building Code and the current International Plumbing Code.
(12) All fences shall be installed using materials and in a manner as provided in the current Michigan Building Code or the City ordinances specifically governing fences.
(13) The requirements of Section 1288.02(g)(6)-(g)(12) shall not pertain to structures less than 200 sq. ft. except that a these buildings shall have a four-inch concrete floor.
(14) The construction of an accessory structure for the purpose of vehicular parking or that meets the design standards for a garage shall include the installation of a paved driveway from the right of way to the garage door entrance of said structure.
(Ord. 1993-23. Passed 12-21-93; Ord. 2001-21. Passed 7-3-01; Ord. 2002-24. Passed 6-18-02; Ord. 2014-05. Passed 4-15-14.)
(h) Application to Lots of Record. Where the owner of a lot of record does not own and cannot reasonably acquire sufficient adjacent land to enable him or her to conform to the open space and other requirements herein prescribed, such lot may be used by such owners as a building site, provided that the open space and other provisions conform as closely as possible, in the opinion of the Board, to the requirements for the district in which it is located, and provided that the proposed construction, in the opinion of the Board, is reasonably compatible with the character of residential units in the surrounding area. For purposes of this section, the Board's finding of "reasonably compatible" shall consider, at a minimum, all of the following seven building features: (1) overhangs; (2) exterior finish materials; (3) roof design and roof pitch; (4) exterior building wall configuration; (5) basements; (6) garages; and (7) poured foundations for porches, and the Board's decision may be conditioned upon the inclusion of one or more of those seven, or comparable features.
(Ord. 2. Passed 6-22-61; Ord. 97-15. Passed 12-2-97; Ord. 2005-26. Passed 7-5-05.)
(i) Permit Required. Permits are required for all work to be done under this chapter and shall be obtained from the Building and Engineering Department. Whoever commences any construction or repair for which a permit is required by this chapter, without first having obtained such permit, shall, if legally authorized and subsequently allowed to obtain a permit, pay double the permit fee specified in Chapter 210 of the Administration Code for such construction or repair, provided that a notice has been sent or issued by the enforcing officer to the person commencing such construction or repair.
(Ord. 2002-24. Passed 6-18-02.)