The following table represents the schedule of regulations limiting height, bulk, density and area, by district:

Notes to schedule of regulations:

(a) See section 44-472, Averaged lot size, and section 44-473, Subdivision open space plan, regarding flexibility allowances.

(b) For all uses permitted, other than single-family residential, the setback shall equal the height of the main building or the setback required in this section, whichever is greater.

(c) In the case of a rear yard abutting a side yard, the side yard setback abutting a street shall not be less than the minimum front yard setback of the district in which located, and all regulations applicable to a front yard shall apply.

(d) The area used for computing density shall be the total site area exclusive of any dedicated public right-of-way of either interior or bounding roads.

(e) Where more than one building occupies a single lot or parcel, the following building relationships shall be maintained:

The front and rear of the multiple-family building shall be considered the distance along the longest dimension of said building. The builder may designate the front and rear of his structures.

Every lot on which a multiple dwelling is erected shall be provided with a side yard on each side of the lot. The width of each side yard shall be increased by one foot for each ten feet or part thereof, by which the length of the multiple dwelling exceeds 40 feet in overall dimension along the adjoining lot line. No multiple dwelling shall exceed 180 feet in length. The depth of any court shall not be greater than three times the width.

(f) For the purpose of computing the permitted number of dwelling units per acre, the following lot area assignments shall control:

Plans presented showing one- or two-bedroom units and including a den, library or other extra room shall count such extra room as a bedroom for the purpose of computing density.

(g) Off-street parking shall be permitted to occupy a portion of the required front yard provided that there shall be maintained a minimum unobstructed and landscaped setback of ten feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest right-of-way line as indicated on the major thoroughfare plan.

(h) No side yards are required when two similarly zoned parcels share interior side lot lines, except as otherwise specified in the state construction code, provided that if the walls of structures facing such interior side lot lines contain windows, or other openings, side yards of not less than ten feet shall be provided. On a corner lot which has a common lot line with a residential district, there shall be provided a setback of 20 feet on the side or residential street. Where a lot borders on a residential district or a street, there shall be provided a setback of not less than ten feet on the side bordering the residential district or street.

(i) Off-street parking shall be permitted in a required side yard setback.

(j) Off-street parking for visitors, over and above the number of spaces required under section 44-595, may be permitted within the required front yard provided that such off-street parking is not located within 20 feet of the front lot line.

(k) No building shall be located closer than 50 feet or the height of the building, whichever is the greater to the outer perimeter (property line) of such district when said property line abuts any residential district.

(l) All storage shall be in the rear yard and shall be completely screened with an obscuring wall or fence, not less than six feet high, or with a chainlink type fence and a greenbelt planting so as to obscure all view from any adjacent residential, office, or business district or from a public street.

(m) The front of the building may be built closer than three feet to the property line as long as its setback is no more than the average of the setback of buildings within 100 feet on either side.

(n) See section 44-711(27).

(Ord. No. 401, § 1700, 5-2-2005; Ord. No. 417, § 1a, 11-19-2007)

The intent of this section is to permit the subdivider or developer to vary his lot sizes and lot widths so as to average the minimum size of lot per unit as required in this article for each one-family residential district. If this option is selected, the following conditions shall be met:

(1)

In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area or width greater than ten percent below that area or width required in this article and shall not create an attendant increase in the number of lots.

(2)

Each final plat submitted as part of a preliminary plat shall average the minimum lot sizes required for all lots in the district in which it is located.

(3)

All computations showing lot area and the average resulting through this technique shall be indicated on the print of the preliminary plat.

(Ord. No. 401, § 1701, 5-2-2005)

(a)

The intent of the subdivision open space plan is to promote the following objectives:

(1)

Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets.

(2)

Encourage developers to use a more creative approach in the development of residential areas.

(3)

Encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs and allowing the developer to bypass natural obstacles on the site.

(4)

Encourage the provision of open space within reasonable distance to all lot development of the subdivision and to further encourage the development of recreational facilities.

(b)

Modifications to the standards as outlined in this article may be made in the one-family residential districts when the following conditions are met:

(1)

The lot area in all one-family residential districts, which are served by a public sanitary sewer system, may be reduced up to 20 percent. In the RA-2 district, this reduction may be accomplished in part by reducing lot widths up to five feet. In the RA-1 districts, this reduction may be accomplished in part by reducing lot widths up to ten feet. These lot area reductions shall be permitted provided that the dwelling unit density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required for each one-family district under this article. All calculations shall be predicated upon the one-family districts having the following gross densities (including roads):

a.

RA-1 = 2.7 dwelling units per acre.

b.

RA-2 = 3.8 dwelling units per acre.

(2)

Rear yards may be reduced to 30 feet when such lots border on land dedicated for park, recreation, and/or open space purposes, provided that the width of said dedicated land shall not be less than 100 feet measured at the point at which it abuts the rear yard of the adjacent lot.

(3)

Under the provisions of subsection (b)(1) of this section, for each square foot of land gained within a residential subdivision through the reduction of lot size below the minimum requirements as outlined in this article, at least equal amounts of land shall be dedicated to the common use of the lot owners of the subdivision in a manner approved by the city.

(4)

The area to be dedicated for subdivision open space purposes shall in no instance be less than two acres and shall be in a location and shape approved by the planning commission.

(5)

The land area necessary to meet the minimum requirements of this section shall not include bodies of water, regulated wetlands or land with excessive grades making it unsuitable for recreation. All land dedicated shall be so graded and developed as to have natural drainage. Part or all of the area may, however, be located in a floodplain.

(6)

This plan, for reduced lot sizes, shall be permitted only if it is mutually agreeable to the legislative body and the subdivider or developer.

(7)

This plan, for reduced lot sizes, shall be started within six months after having received approval of the final plat, and must be completed within two years unless a longer period is agreed to by the city at time of approval of the development. The term "starting" constitutes installation of public infrastructure including roads, sewer lines and/or water lines. Failure to start within this period shall void all previous approval.

(8)

Under this planned unit approach, the developer or subdivider shall dedicate the total park area (see subsection (a) of this section) at the time of filing of the final plat on all or any portion of the plat.

(Ord. No. 401, § 1702, 5-2-2005)

State Law reference— Open space preservation, MCL 125.3506.