1218.01   ACCESSORY STRUCTURES.
   Accessory structures can only be constructed and used when there is an approved principal building (except for the use of a temporary structure during construction, which lapses after one-year or after the issuance of a certificate of occupancy). Temporary structures, including signs, must be removed within thirty days of the deadline. Permits are required for all work to be done under this section and obtained from the Department of Building and Engineering.
   (a)   Accessory Structures in Residential Districts.
      (1)   All buildings and portions of buildings connected to the main building are considered an element of the main building (e.g., an attached garage), and therefore comply in all respects with the requirements of this Code that apply to the main building, including but not limited to setback requirements, unless specifically stated to the contrary herein. The term “connected” means the space shares a common wall with the main building or is connected by an enclosed breezeway.
      (2)   The total square footage of all accessory structures on a single lot cannot exceed 750 square feet; this calculation includes the total square footage of both an attached and detached garage.
      (3)   Cannot exceed fifteen-feet in height.
      (4)   Can be located in the rear yard (except when built as a part of the main building):
         A.   Must be a minimum of five-feet from any property line and at least ten-feet from any residential structure.
         B.   The projection of sills, cornices, eaves, gutters, and pilasters cannot be closer than five-feet to any property line.
      (5)   On a corner lot:
         A.   No part of any accessory structure can be closer to the side street lot line than the setback required for the principal building.
         B.   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 no less than fifteen-feet.
         C.   Where a rear yard abuts a side yard on the adjoining lot, accessory structures must have a minimum setback from the rear lot line a distance equal to the lesser of the side setbacks required for the lot abutting the corner lot.
      (6)   Must have a four-inch concrete floor.
      (7)   The construction of an accessory structure for the purpose of vehicular parking or that meets the design standards for a garage must include the installation of a paved driveway from the right-of-way to the garage door entrance of said structure.
      (8)   Accessory structures are prohibited in the required front or side yard.
      (9)   Attached porches, patios, entryway stairs, and decks do not count against the maximum area of detached accessory structures on the lot.
      (10)   For accessory structures that are 200 square feet or greater in size, the following additional standards apply:
         A.   All accessory structures, including garages, tool sheds, permanent structures, etc., when not provided with a masonry foundation wall, must 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 rat wall must extend twenty-four-inches below the grade.
         B.   In existing structures that do not have rat walls 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 rat walls in any structure as a means to eliminate rat infestation.
         C.   A vermin protection wall shall be installed and attached in all accessory structures 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.
         D.   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.
         E.   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 City Engineering Standards and Details.
         F.   All sump-pumps shall be installed in a manner as provided for in the current Michigan Building Code and the current Michigan Plumbing Code.
         G.   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.
   (b)   Prohibited Accessory Structures. Shipping containers, semi-trailers, manufactured mobile homes, boats, and recreation vehicles may not be used as accessory structures in residential districts.
   (c)   Exempt Accessory Structures. The following residential accessory structures are exempt from the regulations of this section, except for the regulations listed below:
      (1)   Playground equipment, treehouses, lemonade stands, playhouses, and other similar elements, except they must be setback at least five-feet from all side and rear lot lines.
      (2)   Gazebos, pergolas, and other permanent structures without walls, except they must maintain the required setbacks for accessory structures and cannot be used for storage.
   (d)   Non-Residential Accessory Structures.
      (1)   Non-residential accessory structures may be erected in any non-residential zoning district only as an accessory to an existing principal building.
      (2)   If the function of an accessory structure is integrated into the permitted principal building, the space shall comply in all respects with the requirements of this Code that apply to the permitted principal building, including but not limited to setback requirements, unless specifically stated to the contrary herein.
      (3)   The total floor area occupied by the accessory structure(s) cannot exceed the gross floor area of the principal building on the lot.
      (4)   Accessory structures cannot exceed the building height for principal building in the district in which it is located.
      (5)   Except for canopy roofs accessory structures are not allowed in any front yard or any required side yard.
      (6)   Detached accessory buildings and structures cannot occupy more than twenty-five percent of the rear yard.
      (7)   Accessory buildings must comply with the setbacks of the underlying zoning district and shall be setback at least ten-feet from the principal building.
      (8)   Canopy roofs.
         A.   Canopy roofs such as those for gas pump islands accessory to automobile service stations and other uses, drive-in restaurants, banks, and other similar uses can encroach into any required yard, provided that a minimum setback of fifteen-feet is maintained from any property line.
         B.   The height of the canopy roof cannot exceed sixteen-feet and must be open on all sides.
         C.   The colors and design of the canopy must be compatible with the principal building.
(Ord. 2023-01. Passed 2-7-23.)