East China Township
City Zoning Code
City Zoning Code
ARTICLE 20
General Exceptions
§ 480-74 Essential services.
Essential services shall be permitted as authorized and regulated by law and other ordinance Code provisions of the Township, it being the intention hereof to exempt such essential services from the application of this chapter.
§ 480-75 Railroad rights-of-way.
For the purposes of this chapter, railroad rights-of-way shall be permitted as authorized and regulated by state and federal laws, it being the intention of this section to exempt railroad rights-of-way from the application of this chapter.
Buildings and structures must comply. Buildings and structures intended to be erected or constructed within the railroad rights-of-way shall comply with the use, area and height regulations of the district in which it is located.
Spur tracks within I Districts. Spur tracks shall be extended from railroad rights-of-way to adjacent industrial districts only when they are totally within industrial districts.
§ 480-76 Temporary use of property for voting.
The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
§ 480-77 Height limitations.
The height limitations of this chapter shall not apply to farm buildings, chimneys, church spires or bell towers, flagpoles, public monuments or wireless transmission towers; provided, however, that the Board of Appeals may specify a height limit for any such structure when such structure exceeds the height limit of the district.
§ 480-78 Lots adjoining alleys.
In calculating the area of a lot that adjoins an alley or lane, for the purpose of applying lot area requirements of this chapter, 1/2 the width of such alley abutting the lot shall be considered as part of such lot.
§ 480-79 Yard regulations.
When yard regulations cannot reasonably be complied with or where their application cannot be determined on lots of peculiar shape, topography, or due to architectural or site arrangement, such regulations may be modified or determined by the Board of Appeals.
Multiple dwelling side yards. For the purpose of side yard regulations, a multiple dwelling shall be considered as one building occupying one lot. When more than one structure is involved on one zoning lot, the above requirement shall not negate the formula contained in Article 16, Schedule of Regulations, pertaining to the distance spacing for multiple dwellings.
Attached porch, deck, patio, or terraces (in residential districts).
[Amended 11-2-2015 by Ord. No. 314]
Projection into required front or rear yard. An uncovered, unenclosed deck, porch, patio or paved terrace may project into a required front yard for a distance not exceeding 10 feet, or may project into a required rear yard for a distance not exceeding 20 feet, but not to exceed a distance equal to 60% of the depth of the rear yard; provided, however, that this shall not be interpreted to include or permit fixed canopies in a required front or rear yard.
Height. An uncovered, unenclosed deck, porch, patio or paved terrace projecting into a required front or rear yard shall not be more than two feet in height except for open, unenclosed railings not to exceed three feet in height above the floor of the deck, porch, patio or paved terrace. Height shall be measured from the average grade along the adjacent building face.
Rear yard utilization. A deck, porch, patio or paved terrace, together with all other accessory buildings and structures, shall not occupy more than 40% of the horizontal area of the rear yard.
Architectural features. Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard, and may extend or project into a required front yard or rear yard not more than three feet.
Access drives. For the purpose of this chapter, access drives may be placed in the required front or side yards so as to provide access to rear yards and/or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards.
Walks, terraces, or like pavement. Any walk, terrace or other pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall for the purpose of this chapter not be considered to be a structure, and shall be permitted in any required yard.
§ 480-80 Lots having river and canal frontage.
Intent. The intent of this section is that yards adjacent to the water shall be as open and unobstructed as reasonably practical.
Accessory buildings or structures.
Permitted in front yard. Accessory structures, including motor homes, shall be permitted between the abutting road right-of-way and the main building, provided that the minimum front yard setback requirement in Article 16, Schedule of Regulations, of this chapter is met and that motor homes are subject to the requirements of § 480-61K.
[Amended 3-6-2006 by Ord. No. 289; 12-20-2010 by Ord. No. 305]
Setbacks from the water’s edge. To this end, accessory buildings or structures, including boat docks, shall provide the following setbacks from the water’s edge as defined by the ordinary high-water mark:
Footnote(s) of Article 16, Schedule of Regulations, shall apply along the St. Clair River.
The setback shall be not less than 30 feet along the Belle and Pine Rivers.
The setback shall be not less than 15 feet along canals.
The Zoning Board of Appeals may permit the placement of an open, uncovered and unenclosed boat dock within the above setback if such placement would be compatible with similar facilities in the area and would not present an unreasonable obstruction to visibility with respect to safe boat movement or to views of the water from neighboring lots.
Boat docks and/or boat hoists. Boat docks and/or boat hoists are permitted below the ordinary high-water mark (i.e., in the water), subject to the following conditions:
Roof. Boat docks may be covered by a roof, provided that the height of the roof does not exceed 12 feet above water level at the time of construction. If the roof is not flat, the pitch of the roof shall not exceed three in 12, unless the peak of the roof is below the height limit.
Viewing platform and railing. The roof over a boat dock or boat hoist may be used as an open, uncovered viewing platform. In no instance shall the surface of such platform be more than 15 feet above water level at the time of construction. The platform may be enclosed by a railing or fence for safety purposes, provided that any such railing or fence shall not obscure vision to an extent greater than 20% of the overall surface of said screening device. The height of any such screen shall not exceed 42 inches above the height limit. Such structures shall not be constructed of cyclone-type fencing.
Placement. The placement of any boat docks or boat hoists shall not conflict with normal boat movements and shall also be subject to applicable Department of Environmental Quality and/or Corps of Engineers’ requirements. Should any such requirements conflict, the more restrictive requirements shall apply.
Exceptions allowed. The following exceptions shall be allowed:
Chain link fences. Chain link fences not exceeding six feet in height shall be permitted between the river’s edge and the principal building on the side lot line of any lot or parcel with river frontage, where such side street provides public access to the river. “Side lot line” is defined in Article II, Construction of Language and Definitions, of this chapter.
[Amended 4-19-2004 by Ord. No. 285]
Screening shrubbery or hedges. Screening shrubbery or hedges not exceeding six feet in height shall be permitted between the river’s edge and the principal building on the side street lot line of any lot or parcel with river frontage, where such side street provides public access to the river. “Side lot line” is defined in Article II, Construction of Language and Definitions, of this chapter.
[Amended 4-19-2004 by Ord. No. 285]
Fences, planting, and berms excluded. Fences, hedges, shrubbery, bushes and berms shall not be subject to any of the terms, conditions, or provisions of this chapter if they have a height of two feet or less above grade.
An open, unenclosed, and uncovered porch, deck, or paved terrace may project into a required yard having river or canal frontage for a distance not exceeding 12 feet, but this shall not be interpreted to include or permit fixed canopies in a required yard. Such structures shall not exceed two feet in height, except for railings required to meet code requirements, not to exceed three feet in height above the floor of the porch, deck, or terrace. Height shall be measured from the average grade along the building face opposite and generally parallel to the river or canal frontage.
[Amended 10-20-2003 by Ord. No. 280; 11-2-2015 by Ord. No. 314]
§ 480-81 Children’s play equipment.
For the purposes of this chapter, children’s play equipment such as swing sets, climbing structures and the like shall not be subject to the requirements of § 480-61, Accessory buildings and structures. Children’s playhouses shall be permitted subject to the following conditions: