Berrien Springs City Zoning Code
ARTICLE V
R-2 TWO-FAMILY RESIDENTIAL DISTRICT
Section 5.01 - Intent.
The Two-Family Residential District is planned as the prime residential area for the placement of attached duplex and other two-family residential dwellings and certain other compatible accessory use buildings, structures and land uses.
(Ord. No. 316, 5-19-2008)
Section 5.02 - Uses Permitted by Right.
No building, structure, or part thereof shall be erected, altered or used, or land used, in whole or in part, except for the following permitted uses:
A.
One owner occupied single or two-family dwelling and accessory use buildings on a zoning lot.
B.
Rental occupied single or two-family occupied dwellings when such units are registered with the Village President as required by Ordinance 311, "The Village of Berrien Springs, Rental Housing Ordinance." [3]
C.
Minor home occupations within a single-family permitted principal use (See Article XX).
D.
Publicly owned and operated parks and accessory buildings.
E.
An essential service as defined in this Ordinance.
(Ord. No. 316, 5-19-2008)
Note— Rental can only be to a single family. See the definition of "Family" under Article XXVII
Section 5.03 - Uses Permitted by Special Use Permit.
The following uses are permitted in this district subject to obtaining a special use permit as provided in Article XIX.
A.
Major home occupations permitted within a single-family home or accessory building (See Article XX).
B.
Child Care as part of a home occupation.
C.
Bed and breakfast operations in compliance with XVI, Section 16.02.
D.
Schools, churches, Village or other government agency buildings.
E.
Wind energy generation equipment and utility transmission facilities not deemed an essential service.
(Ord. No. 316, 5-19-2008)
Section 5.04 - Accessory Buildings and Structures.
Accessory buildings or structures defined in Article XXVII, customarily incidental to uses herein permitted may not be erected, altered or used in this district except in conformity with the yard requirements set forth in Article V, Section 5.09.
(Ord. No. 316, 5-19-2008)
Section 5.05 - Signs Permitted.
Signs permitted in the R-2 Residential District shall conform to the provisions of XVIII.
(Ord. No. 316, 5-19-2008)
Section 5.06 - Parking Requirements.
Off-street parking shall be provided in conformance with Article XVII.
(Ord. No. 316, 5-19-2008)
Section 5.07 - Visual Screening Requirements.
An adequate visual blockage screen between any outdoor storage area and the side or rear yard lot line shall be required. This visual blockage shall be no less than six (6) feet in height.
(Ord. No. 316, 5-19-2008)
Section 5.08 - Building Height Regulations.
No residential building or structure shall exceed two and one-half (2½) stories or exceed thirty-five (35) feet in height.
(Ord. No. 316, 5-19-2008)
Section 5.09 - Yard, Setback and Lot Area Regulations.
No principal building or structure, nor any enlargement thereof, shall be hereafter erected except in conformance with the following yard, lot area, and width requirements:
A.
Front Yard: There shall be a front yard of no less than twenty-five (25) feet, provided where there are existing buildings or structures having front yards less than twenty-five (25) feet in depth, the Zoning Administrator may approve a setback equal to the average depth of previously constructed buildings located within two hundred (200) feet on either side of the building proposed to be erected.
B.
Side Yard: There shall be a side yard so located that the side yard on each side of the building shall not be less than eight (8) feet in width measured from the side lot line to nearest point on any part of the structure erected thereon, including the overhang of roof eves.
Side Yard Street Frontage Setback: The side yard shall be not less than twenty (20) feet.
C.
Rear Yard: There shall be a rear yard of no less than eight (8) feet, unless altered due to practical difficulties related to the size or configuration of the zoning lot as determined by the Board of Appeals.
Accessory Use Rear Yard: There shall be a rear yard for all accessory use buildings and structures including (e.g., garages, play structures, storage sheds, etc.) of no less than eight (8) feet, unless altered due to practical difficulties related to the size or configuration of the zoning lot as determined by the Board of Appeals.
D.
Lot Area: The minimum lot area shall be eight thousand two hundred (8,200) square feet. (a)
E.
Lot Width: The minimum width shall be sixty-six (66) feet. (a)
F.
Maximum Building Lot Coverage: The maximum lot coverage shall not exceed forty (40) percent. (b)
G.
Other Requirements: See Section 15.10 pertaining to corner lots for further requirements.
Notes to dimensions:
a A maximum variance of ten (10) percent may be granted in the lot size or width by the Zoning Board of Appeals, so long as a variance in one does not create a variance in the other larger than ten (10) percent.
;sup\sup;; Excluding garages and/or carports.
(Ord. No. 316, 5-19-2008)
Section 5.10 - Area of Dwelling.
Every single-family dwelling located in the Two-Family Residential District shall have a first floor area of no less than eight hundred (800) square feet. Each dwelling unit in this district shall also have a front building dimension of not less than thirty-three (33) feet measured at the foundation. The minimum front building dimension shall be maintained not less than thirty-three (33) percent of the length of the longest building side wall.
(Ord. No. 316, 5-19-2008)