(a)   The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces and off-street parking. Each conversion shall be subject also to such further requirements as may be specified for such district.

   (b)   The aforesaid requirements with respect to lot coverage, yards and other open spaces shall not apply in case the conversion is a part of a dwelling group; also in case the conversion will not involve any major exterior structural changes and:

      (1)   There is either a shortage of not more than 10% in the required dimension or area of each of not more than two such requirements as to coverage, yards and other open spaces; or

      (2)   In case the conversion will result in lot area per dwelling unit or family at least 20% greater than required new buildings in the district.

(Ord. 2046, passed 4-11-1968)

   A “state-licensed residential facility,” as defined by Act 28 of the Public Acts of 1977, being MSA § 5.2933(2), as amended, which provides supervision or care or both to six or less persons, shall be considered a residential use of property for the purposes of this chapter. It shall be a permitted use in all residential zones, including those for single-family dwellings and shall not be subject to special use or conditional use permits or procedure different from those required for other dwellings of similar density in the same zone; provided, that such uses, with the exception of “foster family homes,” as defined in Act 116 of the Public Acts of 1973, being MCLA §§ 722.111 through 722.128, and MSA § 25.358(11), as amended, as prohibited, within a 1,500 foot radius of each other. And provided further, that the facilities which provide the care to more than six persons and are otherwise permitted in any residential district are also prohibited within a 1,500 foot radius of each other.

(Ord. 2046, passed 4-11-1968; Ord. 2690, passed 2-12-1979)

   No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the yard and other open space and off-street parking requirements of this chapter. For the purpose of determining the front yard in such cases, the rear line of the required rear yard for the principal building in front shall be considered the front lot line for the building in the rear. In addition, there shall be provided for any such rear dwelling, an unoccupied and unobstructed accessway not less than 20 feet wide to a public street for each dwelling unit in the dwelling, or one not less than 50 feet wide for three or more dwelling units.

(Ord. 2046, passed 4-11-1968)

   In any residence district a transitional use shall be permitted on a lot, the side lot line of which adjoins, either directly or across an alley, any D, E, F or G district. The permitted transitional uses for any such lot in an A-1 district shall be any use permitted in the A-2 district; the permitted transitional uses for any lot in A-2 district shall be any use permitted in the B district and the permitted transitional uses for any such lot in a C-1 district shall be any use permitted in the C-2 district. In the case of any such lot in an A-1, A-2, B and the like district, the requirements governing lot area per dwelling unit, off-street parking, yards and other open spaces shall be the same as for the next following less restricted district. Any transitional use authorized under this section shall not extend more than 100 feet from the side lot line of the lot abutting on the zoning district boundary line.

(Ord. 2046, passed 4-11-1968)

   Along any zoning boundary lines, on a lot adjoining such boundary line in the less restricted district, any abutting side yard, rear yard or court, unless subject to greater restrictions or requirements stipulated by other provisions of this chapter, shall have a minimum width and depth equal to the average of the required minimum width or depth for such side yards, rear yards or courts in the two districts on either side of the zoning boundary line. In cases where the height of a proposed structure on such lot in the less restricted district is greater than the maximum height permitted in the adjoining more restricted district, the minimum width or depth of the side yard, rear yard or court for the structure shall be determined by increasing the minimum width or depth for the highest structure permitted in the more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in the more restricted district.

(Ord. 2046, passed 4-11-1968)

   (a)   Generally. An accessory building may be erected detached from the principal building or may be erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure.

      (1)   If connected or attached, the accessory building must be five feet from any lot line. (See Figure 50-94A.)

      (2)   No accessory building shall be erected in any front yard. (See Figure 50-94A.)

   Figure 50-94A

      (3)   No accessory building shall be erected in any required side yard unless detached and at least 60 feet from the front lot line. (See Figure 50-94B.)

   Figure 50-94B

      (4)   Accessory buildings shall be at least:

         a.   Five feet from any dwelling situated on the same lot, unless attached thereto;

         b.   At least five feet from any other accessory buildings on the same lot; and

         c.   At least ten feet from any dwelling located on an adjoining lot. This shall not prevent a dwelling on an adjoining lot from being built less than ten feet from an accessory building on the adjoining lot. If a dwelling is built on an adjoining lot less than ten feet from an existing accessory building, both buildings will be considered legal conforming structures and can be rebuilt if they are damaged or destroyed.

      (5)   In no case shall an accessory building be closer than 18 feet from the side street lot line.

   (b)   Corner lots. In any residence district, where a corner lot adjoins on the rear of a lot fronting on the side street and located in a residence district:

      (1)   No part of an accessory building on such corner lot within 25 feet of a common lot line shall be nearer a side street lot line than the least depth of the front yard required along such side street for a dwelling on such adjoining lot, and in no case shall any part of the accessory building be nearer to the side street lot line than the least width of the side yard or 18 feet, whichever is the greater. (See Figure 50-94C.)

      (2)   No part of an accessory building on such corner lot shall be less than five feet from the common lot line, unless 60 feet or more from the side street line. (See Figure 50-94C.)

   Figure 50-94C

   (c)   Yard requirements. If attached, an accessory building may extend into the required rear yard, and if used for automobile parking or storage the minimum side yard’s least width may apply to both side yard requirements.

   (d)   Erection without main building. In any residence district, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building.

   (e)   Removal of main building. In any residence district, no existing main building may be demolished or removed from a lot while an existing accessory structure is retained unless:

      (1)   The lot is combined with an adjacent lot that has a principal building on it; or

      (2)   A new main building is constructed or moved onto the lot, or a building permit for the purpose of constructing or moving a main building on the lot is in effect.

(Ord. 2046, passed 4-11-1968; Ord. 2063, passed 7-1-1968; Ord. 2284, passed 9-20-1971; Ord. 2845, passed 7-26-1982; Ord. 3703, passed 4-14-2008)

   No satellite television antenna shall be erected, constructed, maintained or operated except in conformance with the following regulations.

   (a)   Purpose. It is the purpose of this section to regulate satellite television antennas as accessory structures consistent with the preservation of health, safety, welfare and rights of all residents of the City.

   (b)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      SATELLITE TELEVISION ANTENNA. An apparatus capable of receiving communications from a transmitter relay signal in planetary orbit.

   (c)   Location.

      (1)   No part of the satellite antenna structure, including the base and other appurtenances, may project over or onto a:

         a.   Required front yard;

         b.   Required side yard; or

         c.   Required interior yard (unless 60 feet or more back from the front property line and then no closer than five feet to a lot line).

      (2)   Rear yard locations are allowed provided that no part of the satellite antenna structure, including the base and other appurtenances, is closer than five feet to a lot line.

   (d)   Height. The height of antenna and structure shall not exceed total height requirement for the district.

   (e)   Size. No limit.

   (f)   Roof mounting. Allowed pursuant to subsection (d) of this section if permit obtained from the Division of Building and Safety Inspection, which will review erection for conformance with the applicable building and electrical codes.

   (g)   Advertising. No advertising indicating the manufacturer or installer shall be allowed on any antenna if visible from a public right-of-way and/or adjoining property.

(Ord. 3019, passed 11-24-1986)

   In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record on April 26, 1968, irrespective of its area or width; provided, that the applicable yard and other open space requirements as may be modified hereinafter are complied with; provided further, that:

   (a)   Minimum side yards. Not less than 10% of lot width.

   (b)   Public sanitary facilities not available. In any district where neither public water supply nor public sanitary sewer is accessible, the lot area and frontage requirements otherwise specified shall be increased as follows:

      (1)   Where both public sewerage and public water supply are not accessible:

 

 

      (2)   Where public water supply is accessible, but where public sewerage is not accessible:

 

 

      (3)   Where different lot area requirements are recommended by the State Board of Health on the basis of percolation tests or other method, those requirements shall govern.

   (c)   Consideration of open space and the like. The Building Inspector shall examine and determine if the proposed construction arrangement gives adequate consideration to maximizing open space for light and air upon the land area available, and attainment of the other objectives of this chapter. If the Building Inspector shall find that such consideration has not been given in any case he or she shall refer the application to the Board of Appeals which shall review the matter and may impose conditions if it finds them to be necessary in the best interests of the proper enforcement of this chapter.

(Ord. 2046, passed 4-11-1968; Ord. 2252, passed 3-15-1971)

   In any residence district, where the front yards of existing principal buildings in the same block front are greater or less than the minimum required front yards for such district, the required front yard depth shall be modified as follows: Any principal building erected or altered after April 26, 1969, on a lot in such a block front shall provide a minimum front yard at least equal to the average setback of the two nearest principal buildings to each side of such lot in the same block front. If no existing front yard of a principal building exists to one side or the other of such lot in the same block front, the minimum setback for the district shall be used in computing the average setback, except in the case of a corner lot having a front yard in the same block front, the setback of the lot shall not be less than the setback of the nearest principal building in the same block front; provided the depth of a front yard on any lot shall be at least ten feet and need not exceed 50 feet.

   (a)   Steep slopes, front yard garage. In any residence district where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along the line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of 12% or less to a private garage conforming to the requirements of this chapter, such garage may be located within such front yard, but no in any case closer than six feet to the street line.

   (b)   Double frontage lots. Front yards on both streets shall be required, where on a given block face there are dwellings addressing off both streets. There shall be no vehicle access to an accessory building from more than one street unless authorized by the Traffic Engineer of the City, who shall review the second access in relation to traffic flow, movement and safety and find that there will not be an adverse effect. In no case shall an accessory building with vehicle access across the rear lot line be nearer than 18 feet from the rear lot line. See Appendix, Illustration 50-96(b), “Typical locations of accessory buildings on double frontage lots,” at the end of this chapter.

(Ord. 2046, passed 4-11-1968; Ord. 2845, passed 7-26-1982)

   In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be. However, in no event shall any building or structure be erected closer than five feet from any lot line.

(Ord. 2046, passed 4-11-1968)

   (a)   Side yard increased. Each side yard where required, shall be increased in width by one-half inch for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds 50 feet, for each story of building height.

   (b)   Side yard, corner lot. A side yard along the side street lot line of a corner lot shall have a width of not less than one-half the required depth of the front yard, but in no case shall a building width of less than 24 feet be required.

(Ord. 2046, passed 4-11-1968)

   Certain architectural features may project into required yards or courts as follows.

   (a)   Front and side yards.

      (1)   Required yards. In any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves or other architectural features may project a distance not exceeding three feet, except as provided for in subsection (a)(2) below. Fire escapes may project a distance not exceeding four feet, six inches. An uncovered stair, necessary landings and ramps may project a distance not to exceed 44 inches; provided, that the stair and landing shall not extend above the entrance floor of the building, except for an open railing not exceeding three feet, six inches in height. Bay windows, balconies and chimneys may project a distance not exceeding three feet; provided that such features do not occupy, in aggregate, more than one-third of the length of the building wall on which they are located.

      (2)   Front yards only. In any residential district, in any required front yard, a porch may project a distance not exceeding eight feet. This porch may be covered with an awning or other type of roof projection not exceeding nine feet. The covered porch shall remain open between the floor line and eave line, except for an open railing not exceeding three feet, six inches in height. In no case shall the projection be nearer than ten feet to the front lot line. An uncovered stair, necessary landing and ramp may project a distance not to exceed 44 inches beyond the covered porch, but in no case may be nearer than ten feet to the front lot line.

   (b)   Interior side yards. Subject to the limitations above, the above named features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-fifth of the required least width of the side yard, but not exceeding three feet, in any case.

   (c)   Rear yards. Subject to the limitation above, the features therein may project into any required rear yards, the same distance they are permitted to project into a front yard.

   (d)   Existing porches. All covered porches may be enclosed; provided, that at least 50% of the total area of the front and two sides, between the floor line and eave line, shall be limited to screen or window.

   (e)   Exceptions. Handicap ramps to be added to existing one- and two-family residential structures. Uncovered ramps designed for the handicapped shall not be constructed or extended closer than five feet from any lot line, but are exempt from all other projection limitations of this section, and must conform to all other Federal, State or local requirements.

(Ord. 2046, passed 4-11-1968; Ord. 2616, passed 11-28-1977; Ord. 2881, passed 7-11-1983; Ord. 2887, passed 12-12-1983; Ord. 3266, passed 1-24-1994)