Flag lots may be permitted in any residential zoning district provided they conform to the requirements of this section.

   (a)   Definition. “Flag lot” means a lot for single family or duplex residential development which abuts and connects to a public street by means of a strip of land (the access pole) that does not comply with the dimensional requirements for minimum lot frontage for the zoning district in which the lot is located. A flag lot can be created to serve only one building.

   (b)   Standards. Flag lots must meet the following criteria and the requirements of Chapters 1244 and 1246 (as applicable) and any other part of this Code as deemed appropriate or necessary by the Zoning Administrator.

      (1)   Lot size. The minimum land area for a flag lot shall meet the requirements of the zoning district in which it is located not including the land area utilized for the flag lot access pole.

      (2)   Access pole. A minimum 20-foot width is required for the entire length of the flag lot access pole. The Zoning Administrator may require a width greater than 20 feet if the proposed development of the lot requires public utility, drainage or other easements necessary to the development of the lot. The flag lot access pole shall not be created by easement unless such easement was in effect and recorded prior to the effective date of Ord. 2013-2. The flag lot access pole must connect to a public street and the separating lot must own the access pole. No additional lots may be served by the flag lot access pole.

      (3)   Access pole ownership. The flag lot access pole must be part of the flag lot and under the same ownership as the flag portion of the lot.

      (4)   Dimensional requirements. The flag portion of the lot shall meet the dimensional requirements of the zoning district in which it is located.

      (5)   Creation. Flag lots may be created by meeting the standards of the Village of Dimondale Land or Lot Division Ordinance.

      (6)   Building coverage. Only the flag portion of the lot may be utilized in calculating the building coverage requirement.

      (7)   Setbacks. Front, side and rear yard setbacks shall meet the requirements of the zoning district in which the lot is located. The flag lot property owner may determine the location and placement of the buildings and corresponding yard setbacks except that a minimum front yard setback must be maintained between the building(s) and the nearest lot line parallel to the public road.

      (8)   Address information. The house number for a flag lot shall be posted on the public street near the intersection of the public street and the access pole.

(Ord. 2013-2. Passed 6-10-13.)

   No building in the rear of and on the same lot with a principal building shall be used for residential purposes, except for watchmen, caretakers and domestic employees whose employment functions are related to the functions of the principal building, provided that all other requirements of this Zoning Code are satisfied.

(Ord. 89. Passed 4-10-72.)

   No mobile home shall be occupied as a dwelling within the Village, except as permitted under this Zoning Code or as occupied under the temporary dwelling provisions as approved by the Board of Appeals and outlined in Section 1264.12.

   After the effective date of this Zoning Code, no structure shall be erected, altered or moved upon a lot or premises and used in whole or in part for dwelling, business, industrial or recreational purposes unless it shall be provided with a safe, sanitary and potable water supply and with a safe and effective means of collection, treatment and disposal of human excreta and domestic, commercial and industrial wastes. All such installations and facilities shall conform with the minimum requirements of the Barry- Eaton District Health Department and the Michigan Department of Public Health.

(Ord. 89. Passed 4-10-72.)

   (a)   Temporary Dwelling. No structure shall be used for dwelling purposes that does not meet the minimum standards, as defined in this Zoning Code and the Building and Housing Code. No garage or other accessory building, mobile home, cellar, basement, tent, cabin or partial structure, whether of a fixed or portable construction, shall be erected or moved onto a lot and used for any dwelling purpose for any length of time unless authorized by the Board of Appeals by the issuance of a temporary permit.

   (b)   Temporary Buildings. Temporary buildings are prohibited except in the following instances:

      (1)   Those temporary buildings which are incidental to construction work which may include “tool trailers” or “job trailers.” This would not be for on-site residence during construction, but would be an office for a larger job or a place to lock tools on-site during construction.

      (2)   Temporary buildings which serve a public or semi-public institutional use.

(Ord. 2001-8. Passed 11-12-01.)

   (a)   Authorized accessory buildings may be erected as a part of the principal building or may be connected to it by a roofed over porch, patio, breezeway or similar structure, or they may be completely detached. If attached to the principal building, an accessory building shall be made structurally a part of it and shall comply in all respects with the requirements applicable to the principal building. An accessory building not attached and not made a part of the principal building as provided in the preceding statement shall not be nearer than 10 feet from any other separate structure on the same lot.

      (1)   Accessory building shall not exceed a height of 18 feet.

      (2)   No accessory building shall project into any front yard.

      (3)   No accessory building, including detached garages, shall be closer than 5 feet to any lot line of a rear yard.

      (4)   No accessory building, including garages, shall be erected closer to any side lot line than the permitted distance within that district for principal buildings; except in a residential district when an accessory building is located 10 feet or more to the rear of the principal building, then the accessory building shall be no closer than 5 feet to the side lot line.

      (5)   No accessory building shall be closer to the side street lot line than the side yard setback of the principal building on the lot. Where the rear line of a corner lot coincides with the side line of an adjoining lot in a residential district, an accessory building shall not be closer than 8 feet to the common lot line.

      (6)   An accessory building shall not occupy more than 30% of the area of any rear yard.

      (7)   In no case shall the entrance to a garage be less than 25 feet from a street right-of-way line.

(Ord. 2022-02. Passed 4-11-22.)

   [EDITOR'S NOTE: Section 1294.07 was repealed in its entirety, and replaced by Ordinance 2004-2, passed December 13, 2004. For current provisions concerning Home Occupations, see Chapter 1287.]

   [EDITOR'S NOTE: Section 1294.08 was repealed and reserved in its entirety by Ordinance 2003-7, passed January 12, 2004.]

   [EDITOR'S NOTE: Section 1294.09 was repealed and reserved in its entirety by Ordinance 2003-7, passed January 12, 2004.]

   (a)   The excavation of peat, muck, sand, gravel, clay, shale or other natural mineral deposits, including the quarrying of rock minerals, but except crude oil, may be authorized in any district by the Board of Appeals by the issuance of a special permit upon completion of procedures and with the imposition of the conditions and safeguards outlined in Section 1284.04.

   (b)   Top soil shall not be stripped, excavated or otherwise removed on any premises for sale or for any other use than on the premises on which the top soil was originally located, except when as a product of an authorized excavation of other soils as provided in this section or as provided in Section 1284.04(i).

(Ord. 89. Passed 4-10-72.)

   (a)   No fence, wall or structural screen, other than plant materials, shall be erected on any residential property higher than 6 feet.

   (b)   No fence, wall, screen, hedge or other planting shall exceed a height of 3 feet within any residential front yard within an area closer than 20 feet to the street line. On any corner lot, no fence or planting shall exceed a height of 3 feet within 20 feet of any corner so as to interfere with traffic visibility across the corner.

(Ord. Unno. Passed 9-13-76.)

   Any residential lot created and recorded prior to the effective date of this Zoning Code may be used for any permitted use, even though the lot area and/or dimensions are less than those required for the district in which the lot is located, provided that:

   (a)   The other requirements of the district are met;

   (b)   No adjacent land or lot is owned by the owner of the lot in question; and

   (c)   No lot shall be so reduced in area that the required open spaces will be smaller than those established as a minimum for the district in which the lot is located.

(Ord. 89. Passed 4-10-72.)

   No portion of a lot can be used more than once in complying with the provisions for lot area and yard dimensions for the construction of a proposed or the alteration of an existing building.

(Ord. 89. Passed 4-10-72.)

   [EDITOR'S NOTE: Section 1294.14 was repealed and reserved in its entirety by Ordinance 2022-02, passed April 11, 2022. For current provisions regarding accessory buildings, see Section 1294.06.]

   (a)   (1)   Paved terraces, patios and uncovered porches shall not be subject to yard requirements, provided that:

         A.   The paved area is unroofed and without such walls or other forms of solid, continuous enclosure that link the paved area to the principal building.

         B.   The highest finished elevation of the paved area is not over three feet above the average surrounding finished ground grade.

         C.   No portion of any paved area is closer than 5 feet from any lot line or projects into any front yard setback area.

      (2)   Such paved areas may have an open railing or fence not over 3 feet high and may have noncontinuous windbreaks or visual screen fences or walls not over 6 feet high and not enclosing more than one-half the perimeter of the paved area.

   (b)   Unenclosed porches, roofed or unroofed, may project into a required side or rear yard area a distance not to exceed 8 feet, provided that:

      (1)   The porch is unenclosed, no higher than one story and is erected on piers.

      (2)   The porch shall not be closer than 8 feet at any point to any side or rear lot line.

   (c)   Enclosed porches shall be considered an integral part of the building and shall be subject to all yard and area dimensional requirements established for principal buildings.

   (d)   Special structural elements, such as cornices, sills, chimneys, eaves and similar structural features may project into any yard up to a maximum of two and one- half feet.

   (e)   Fire escapes, outside stairways and balconies, if of open construction, may project into the yard area up to a maximum of five feet.

(Ord. 89. Passed 4-10-72.)

   [EDITOR'S NOTE: Section 1294.16 was repealed and reserved in its entirety by Ordinance 2022-02, passed April 11, 2022. For current provisions regarding accessory buildings, see Section 1294.06.]

   No private in-ground swimming pool shall be erected closer than 5 feet to any lot line.

(Ord. Unno. Passed 9-13-76.)

   (a)   Permitted Exceptions for Structural Appurtenances. The following kinds of structural appurtenances shall be permitted to exceed the height limitations for authorized uses:

      (1)   Ornamental in purpose, such as church spires, belfries, cupolas, domes, ornamental towers, flag poles and monuments.

      (2)   Appurtenances to mechanical or structural functions, such as chimneys and smoke stacks, water tanks, elevator and stairwell penthouses, ventilators, bulkheads, radio and television towers, aerials, fire and hose towers, and cooling towers.

      (3)   Solar Energy Equipment that is attached to a roof of a structure, may extend above the roofline a maximum of four feet in height as specified in Section 1294.22.

      (4)   A Wind Energy Conversion System that is attached to a roof of a structure, may extend above the roofline a maximum of fifteen feet in height as specified in Section 1294.23.

      (5)   The foregoing permitted exceptions shall not be used for human occupancy.

   (b)   Permitted Exceptions for Residential Districts. There shall be no exceptions permitted for residential structures. Certain nonresidential structures in Residential Districts may be permitted to exceed height limitations as specified in Section 1268.04.

   (c)   Permitted Exceptions for Business and Industrial Districts. In any Business or Industrial District, any principal building may be erected to a height in excess of that specified for the District, provided each front, side and rear yard is increased one foot for each one foot of such additional height above the district maximum.

(Ord. 89. Passed 4-10-72; Ord. 2016-4. Passed 11-14-16; Ord. 2016-5. Passed 11-14-16.)

   (a)   Purpose. The purpose of the regulations set forth in this section is to protect those areas of the Village which are subject to predictable flooding in the flood plain areas of the major rivers, their branches and tributaries within the Village, so that the reservoir capacity shall not be reduced, thereby creating danger to areas previously not so endangered in time of high water, impeding, retarding, accelerating or changing the direction of the flow or carrying capacity of the river valley, or otherwise increasing the possibility of flood. All land included in the flood plain area shall be subject to the requirements specified herein, in addition to the normal zoning district requirements in which said land shall be located.

(Ord. 89. Passed 4-10-72.)

      (1)   The flood plain area shall overlay existing zoning districts delineated on the official Village of Dimondale Zoning Map. The boundaries of the flood plain area shall coincide with the boundaries of the areas indicated as within the limits of the 100-year flood in the Flood Insurance Rate Maps referenced in subsection (h) hereof.

      (2)   In addition to other requirements of this Zoning Code applicable to development in the underlying zoning district, compliance with the requirements of this section shall be necessary for all development occurring within the flood plain area.

(Ord. Unno. Passed 9-8-80.)

   (c)   Permitted Principal Uses. Notwithstanding any other provisions of this Zoning Code, no building or structure shall be erected, converted or structurally altered and no land and/or structure shall be used, except for one or more of the following uses:

      (1)   Open space uses, such as farms, truck gardens, nurseries, parks, playgrounds, golf courses, preserves, bridle trails, nature paths, private or commercial recreation, and other similar open uses.

      (2)   Off-street parking uses, provided that all parking shall be at grade level and in conformance with the provisions of Chapter 1288.

      (3)   Utilities, roads, railroads, dams, rivers, structures and buildings for public or recreational uses, when designed so as not to increase the possibility of flood or be otherwise detrimental to the public health, safety and welfare.

      (4)   Yard and setback areas required for any district may be included within the flood plain areas.

(Ord. 89. Passed 4-10-72.)

   (d)   Uses Permitted by Special Use Permit. The following uses of land and structures may be permitted by the application for and the issuance of a special use permit with specified procedures and requirements, subject to presentment by the applicant of certification by a registered engineer that the requirements of this section are met and further subject to presentment of all required State and Federal permits:

      (1)   Dumping or backfilling in the flood plain areas with any material in any manner, provided the flow and natural impoundment capacity of the flood plain will be maintained or improved so that no significant or measurable change in flow or reduction in impoundment capacity of the flood plain would thereby result, and provided further that said dumping or backfilling is in compliance with Act 245 of the Public Acts of 1929, as amended by Act 167 of the Public Acts of 1968, as certified by the Michigan Department of Natural Resources.

      (2)   Facilities for the storage of materials or equipment, provided such elements shall not cause any significant obstruction to the flow or reduction in the water impoundment capacity of the flood plain, and also provided that such development is in compliance with Act 245 of the Public Acts of 1929, as amended by Act 167 of the Public Acts of 1968, as certified by the Michigan Department of Natural Resources.

(Ord. Unno. Passed 9-8-80.)

(Ord. Unno. Passed 9-13-76.)

      (1)   Pursuant to the provisions of the State Construction Code, in accordance with Section 8b(5) of PA230 of 1972, as amended, the Director of the Department of Construction Codes for Eaton County is hereby acknowledged as the Enforcing Officer to discharge the responsibilities of the Flood Plain Management Provisions of the Michigan Building Code by adoption of this section.

      (2)   Pursuant to the provisions of the State Construction Code, Appendix G of the Michigan Building Code has been adopted by, and will be enforced by, the Eaton County, Department of Construction Codes within the boundaries of the Village of Dimondale.

      (3)   Assurance has been provided to the Village of Dimondale and the Federal Insurance Administrator by the Eaton County Board of Commissioners, that it intends to review all amended and revised Flood Hazard Boundary Maps and Flood Insurance Rate Maps and related supporting data and revisions thereof and revisions of 44 CFR, Part 60, criteria for Land Management Regulations as may be necessary to assure compliant participation in the program.

      (1)   The Board of Appeals shall hear and decide appeals and requests for variances from this chapter that relate to zoning and the conditions established herein under the authority of the Village, per the process and requirements defined in Chapter 1264 of this Code. In evaluating an application for a variance, the Board of Appeals shall consider all technical evaluations and relevant factors and the applicant shall provide any information necessary for such consideration.

      Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or conflict with existing laws or ordinances.

      (2)   The Eaton County Building Board of Appeals shall hear and decide appeals and requests for variances that relate to the State Construction Code as it pertains to this chapter.

(Ord. 2010-4. Passed 11-23-10.)

   (EDITOR'S NOTE: Section 1294.20 was recodified as part of the 2003 updating and revision of these Codified Ordinances. See Chapter 822 of the Business Regulation and Taxation Code.)

   (EDITOR'S NOTE: Section 1294.21 was repealed and reserved in its entirety by Ordinance 2013-1, passed May 13, 2013.)

   (a)   Solar Energy equipment shall be a permitted accessory use in all zoning districts.

   (b)   Solar Energy equipment may be building mounted systems, either photovoltaic or thermal panels, building integrated systems that are photovoltaic applications such as solar shingles or pole or ground mounted equipment.

      (1)   These types of systems are permitted as an accessory use to the principle use on the property.

      (2)   Building integrated systems that are attached to a roof of a structure, may extend above the roofline a maximum of four feet in height.

      (3)   Pole or ground mounted equipment shall not exceed a height of fifteen feet.

      (4)   Pole or ground mounted equipment setback requirements:

         A.   Shall be at least 5 feet from any rear or side lot line.

         B.   Equipment that is 6 feet in height or less may be placed within the front yard provided it meets the front yard setbacks for the principle building. Equipment may project into the front yard setback provided that the zoning official finds that the modification is necessary for the effective use of the equipment.

      (5)   Solar Energy Equipment shall not count towards lot coverage for buildings on a lot or calculated towards the total amount of accessory square footage.

      (6)   Solar Energy Equipment installed on non-conforming buildings shall not be considered an improvement or expansion to the structure unless the building has to be structurally altered to handle the equipment.

(Ord. 2016-4. Passed 11-14-16.)

   (a)   Wind Energy Conversion Systems (WECS) shall be a permitted accessory use in all zoning districts.

   (b)   Wind Energy Conversion Systems may be free standing towers with wind turbines or structure mounted wind turbines, along with associated components, that convert wind energy to electrical energy that are subject to building permits.

   (c)   The total height of a structure mounted WECS shall not exceed fifteen feet above the highest point of the roof or structure, excluding chimneys, antennae or other similar features.

      (1)   The WECS shall be attached to a roof system or portion of a structure not facing a public road unless no other option exists and shall not utilize guy wire supports.

      (2)   A licensed engineer or architect shall provide an engineering or structural analysis to demonstrate the structure meets current building code requirements.

   (d)   Free standing WECS shall not exceed a height of forty five feet provided the following conditions are adhered to:

      (1)   Setback one and one-tenth times the height of the tower measured from the top of its blade in vertical position from all adjoining property lines, easements, or rights-of-way. The WECS may only encroach the setback of an adjacent property if an easement is recorded for that purpose. Under no circumstance, shall a free standing WECS be located closer than ten feet from a property line.

      (2)   WECS shall only be permitted in the rear or side yard area provided it is further from the road right-of-way than the principle structure and shall not utilize guy wire supports.

      (3)   WECS shall not count towards lot coverage for buildings on a lot or calculated towards the total amount of accessory square footage.

      (4)   WECS installed on non-conforming buildings shall not be considered an improvement or expansion to the structure unless the building has to be structurally altered to handle the equipment.

(Ord. 2016-5. Passed 11-14-16.)