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Berrien Springs City Zoning Code

ARTICLE VI

R-3 MULTI-FAMILY RESIDENTIAL DISTRICT

Section 6.01 - Intent.

The Multi-Family Residential District is planned as the residential area for the erection of attached multi-family dwellings and certain other compatible accessory use buildings, structures and land uses. All rental units shall be registered with the Village President as required by Ordinance 301 "The Village of Berrien Springs, Rental Housing Ordinance."

(Ord. No. 316, 5-19-2008)

Section 6.02 - 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, or more, buildings or structures containing two, or more, dwelling units on a zoning lot.

B.

Minor home occupations within a single-family permitted principal use (See Article XX).

C.

Publicly owned and operated parks and accessory buildings.

D.

An essential service as defined in this Ordinance.

(Ord. No. 316, 5-19-2008)

Section 6.03 - 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.

Schools, churches, Village or other government agency buildings.

C.

Wind energy generation equipment and utility transmission facilities not deemed an essential service.

(Ord. No. 316, 5-19-2008)

Section 6.04 - 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 VI, Section 6.09.

(Ord. No. 316, 5-19-2008)

Section 6.05 - Signs Permitted.

Signs permitted in the R-3 Residential District shall conform to the provisions of Article XVIII.

(Ord. No. 316, 5-19-2008)

Section 6.06 - Parking Requirements.

Off-street parking shall be provided in conformance with Article XVII.

(Ord. No. 316, 5-19-2008)

Section 6.07 - Visual Screening Requirements.

An adequate visual blockage screen between any outdoor storage area in 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 6.08 - Building Height Regulations.

No residential building or structure shall exceed three (3) stories or exceed forty (40) feet in height.

(Ord. No. 316, 5-19-2008)

Section 6.09 - 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 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 two thousand four hundred (2,400) square feet for each dwelling unit.

E.

Lot Width: The minimum width shall be ninety (90) feet.

F.

Maximum Building Lot Coverage: The maximum lot coverage shall not exceed fifty (50) percent.

G.

Other Requirements: See Section 15.10 pertaining to corner lots for further requirements.

Notes to dimensions:

a Minimum side yard requirements increases by two (2) feet for each story over two (2).

;sup\sup; Excluding garages and/or carports.

(Ord. No. 316, 5-19-2008)

Section 6.10 - Area of Dwelling.

Every dwelling unit in the Multi-Family Residential District shall have a floor area of no less than four hundred (400) square feet and floor area requirements for rental occupied living units located within a multi-unit structure shall comply with the minimum room and living unit size requirements of the Michigan Construction Code.

(Ord. No. 316, 5-19-2008)