For the purpose of this chapter, access drives may cross a required front or be placed in the 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. Further, any walk, driveway or other pavement servicing a like function shall, for the purpose of this chapter, not be considered to be a structure and shall be permitted as necessary in any required yard.

(Ord. No. 279, § 4.00, 12-12-96)

Essential services shall be permitted as authorized and regulated by law and other ordinances of the city, it being the intention hereof to exempt such essential services which primarily serve the city from the application of this chapter.

(Ord. No. 279, § 4.01, 12-12-96)

The height limitations of this chapter may be modified by the zoning board of appeals in their application to church spires, flagpoles, belfries, cupolas, domes, water towers, power transmission lines and towers, radio and television towers, masts and aerials, smokestacks, ventilators, satellite dishes, derricks, cooling towers, and other similar and necessary mechanical appurtenances pertaining to and accessory to the permitted uses of the zoning districts in which they are located.

(Ord. No. 279, § 4.02, 12-12-96)

Any lot which was of record at the time of the adoption of this chapter, that does not meet the requirements of this chapter for lot width and depth and available space for yards, shall meet the provisions of section 32-212, nonconforming lots.

(Ord. No. 279, § 4.03, 12-12-96)

At-grade patios may be constructed within required side and rear yards, but not in a required yard facing upon a street.

Unenclosed and uncovered access porches (i.e., one which is not roofed over) or paved terraces may project into a required rear yard for a distance not exceeding eight (8) feet. Patio and porches covered or partially covered by permanent construction (awnings excepted) shall not project into any required yard space. This shall not be interpreted to include or permit fixed canopies or awnings.

Structures essential for handicapped access may be approved at the discretion of the building official.

Decks may be allowed to project not more than ten (10) feet into the required rear yard or open space, provided that the following conditions are met.

(a)

The deck does not encroach into any easement.

(b)

The deck is not located facing any street.

(c)

The deck conforms with applicable side yard setback requirements.

(d)

The deck is located not less than ten (10) feet from any detached accessory building.

(e)

Any additional structure attached to the deck, such as a gazebo, shall be located at least ten (10) feet from the principal residential structure. An above-ground swimming pool shall be located at least five (5) feet from the principal residence or any accessory structure.

(f)

The deck and all other appurtenant facilities shall conform with all applicable codes and ordinances.

(Ord. No. 279, § 4.04, 12-12-96)

Architectural features, such as, but not limited to, window sills, cornices, eaves, bay windows (not including vertical projections), may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard, and may extend or project into a required front or rear yard not more than three (3) feet.

(Ord. No. 279, § 4.05, 12-12-96)

The installation or extension of all railroad lines, sidings and spurs shall be subject to prior approval of the city council. In any case where such installation will cross a street or highway, plans shall first be submitted for approval as to public safety to the city engineer, city public safety department and Macomb County Road Commission.

(Ord. No. 279, § 4.06, 12-12-96)

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.

(Ord. No. 279, § 4.07, 12-12-96)