Notes:

a.

50-foot setback for all buildings in any zoning district is required for all yards abutting on Jefferson Avenue.

b.

For a lot occupied by any permitted building in the E-R, R-1A, R-1B and R-T districts, other than solely for residential purposes, the required front yard setback shall be 50 feet. However, where 50 percent or more of the lots in any one block (an area between two adjacent streets) has been built upon, the minimum front yard shall be established by using the average depth of the front yards of the built lots.

c.

In E-R, R-1A, R-1B and R-T districts on a lot occupied by any building which is permitted in the districts other than solely for residential purposes, the width of each side or rear yard shall be not less than 25 feet.

d.

The distance between buildings, or between any building and the nearest lot line shall not be less than the height of the building, nor less than 20 feet, whichever is greater. No more than ten percent of the required distance may be used for off-street parking area.

e.

No front, side or rear yard required where 50 percent or more of block is built up with structures not providing any front, side or rear yards.

f.

For all RO-1, C-1, C-2, and T-2 districts, the following yard requirements shall apply:

(1)

On the side or rear of a lot which abuts property located in any residential zone, a setback of not less than 20 feet in width shall be provided.

(2)

In all cases where a building has a wall not of fireproof construction or a fireproof wall pierced with windows or other openings, the building shall be accessible on at least two sides by public street or alley or by a passageway, open aboveground, not less than ten feet wide, measured to the lot line, extending to a public street or alley.

(3)

All buildings must be built-to the predominant building line established along the block face between the two closest intersecting streets in an effort to maintain a continuity of storefronts. Exceptions from this requirement may be permitted provided there are plazas or other public amenities incorporated into the area of the proposed setback.

(4)

The following requirements shall apply to those uses located in the C-2 district:

(a)

Buildings located within 300 feet of the Neff Street right-of-way shall be limited to two and one-half stories in height, or 35′-0″.

(b)

Buildings located between 300 feet of the Neff Street right-of-way and St. Clair Avenue shall be limited to three stories in height, or 42′-0″.

(c)

Buildings located within 240 feet of the Cadieux Road right-of-way shall be limited to two and one-half stories in height, or 35′-0″.

(d)

Buildings located between 240 feet of the Cadieux Road right-of-way and Notre Dame Avenue shall be limited to three stories in height, or 42′-0″.

(e)

Buildings located between St. Clair and Notre Dame shall be limited to four stories or 54′-0″ provided, the fourth story shall be enclosed in a mansard roof or setback 15 feet from the building facade of the third story and contain only residential uses as permitted under Section 298.

(f)

No off-street parking area, located at grade, may be located within 100 feet of the right-of-way of Kercheval Avenue.

(g)

No use, permitted or permitted after special approval, shall have a drive-up facility allowing transactions without leaving a vehicle within 250 feet of the right-of-way of Kercheval Avenue.

(5)

The following requirements shall apply to those uses located in the T-1 district:

(a)

The setback from Notre Dame shall be 10′-0″.

(b)

The setback from Waterloo shall be no less than 10′-0″-, and no more than 25′-0″.

(c)

The setback from St. Clair shall be no more than 10′-0″.

(d)

Buildings or portions of buildings located more than 100′-0″ from the Waterloo right-of-way shall be limited to three stories in height, or 42′-0″.

(6)

The following requirements shall apply to those uses located in the T district:

(a)

Buildings in this area may include an additional story subject to special use approval and further provided that the fourth story shall be enclosed in a mansard roof or setback 15 feet from the building facade of the third story.

(b)

The setback from St. Clair shall be 10′-0″ for a hotel.

(c)

The setback from St. Clair shall be no less than 15′-0″ and no more than 20′-0″ for permitted residential uses.

(d)

The setback from St. Paul shall be no less than 30′-0″.

g.

Required lot area, lot width and other regulations for single-family residences in an R-T district shall be the same as required for the single-family district abutting on the R-T district at the nearest distance from the lot or lots in question.

h.

Attached single-family dwellings or terraces may be erected and rented or sold as individual units regardless of the side yard, lot area and lot width requirements of the residential zone classifications, subject to the following provisions:

(1)

The building containing the attached houses must meet all use, height, yard and parking provisions of its zone district.

(2)

The sale of any individual unit must include rights to a common open space for access to a common required parking area, unless the individual unit has a built-in garage in connection therewith.

(3)

No terrace shall contain more than six such attached dwelling units unless provided with other courts of at least 20 feet in two directions.

(4)

Each unit shall have utility services.

(5)

If units in terraces have private ownership, site must be subdivided in accordance with all applicable state, county and city laws.

i.

The minimum floor area per dwelling unit shall be calculated based on usable floor area, as defined in section 90-3, Definitions.

j.

For detailed regulations for this district see article V.

k.

For lots fronting or adjacent to Lake St. Clair, the front yard for purposes of determining setback shall be that yard which faces the lake and the rear yard shall be that yard which is opposite the lake side and which faces Jefferson Avenue. The front yard setback for all buildings, structures, accessory buildings thereto, and fences or walls in excess of four feet in height shall be 75 feet. Modification of the setback requirement may be approved by the board of zoning appeals to a depth equal the setback of the building on the adjacent lot having the greatest setback from the lake, but the maximum depth need not be required to exceed 75 feet.

l.

For height limitations on aerials and antennas see section 90-44 (commercial antennas), section 90-14 (domestic aerials) and section 90-43 (satellite dish antennas).

m.

For lots with a width of less than 40 feet the maximum height is one and one-half stories (28 feet).

n.

For lots in the E-R, R-1A, R-1B and R-T Districts, the following side yard setback requirements shall apply:

(1)

For lots with a lot width of 50 feet or less: Nine feet (at least one side), 15 feet total of two sides.

(2)

For lots with a lot width of 51 to 100 feet: Nine feet (at least one side), 20 feet total of two sides.

(3)

For lots with a lot width of 101 feet or greater: Nine feet (at least one side), 30 feet total of two sides.

o.

No two adjacent properties shall have buildings erected with less than a nine-foot separation between them.

p.

Any existing lot created prior to January 01, 2005 shall be considered a buildable lot in the R-1B district provided the lot area is greater than 3,000 square feet.

q.

Any lot created after must conform to the predominant lot size of the lots on the same side of the street between two closest intersecting streets or 7,500.

r.

Any existing lot created prior to January 01, 2005 shall be considered a buildable lot in the R-1B district provided the lot width is a minimum of 30 feet.

s.

Any lot created after must conform to the predominant lot width of the lots on the same side of the street between the two closest intersecting streets or 50 feet, whichever is less.

t.

For the NC district, the following area, height, bulk, and placement requirements shall apply:

(1)

The City Council may allow a building height of up to 40 feet subject to permitted use after special approval.

(2)

Special architectural features will be allowed to exceed the above height if:

(a)

The feature is located at a corner.

(b)

The feature is deemed necessary to the type, use, or style of the building in question.

(c)

Special architectural features such as pediments, turrets, or other elements compatible with the architecture of the building, shall not exceed the height of the remainder of the building by more than ten feet.

(3)

Front Building Setbacks. All buildings must be built to the predominant building line established along the block face between the two closest intersecting streets. Exceptions from this requirement include:

(a)

Plazas or other public amenities incorporated into the area of the proposed setbacks.

(b)

A gallery may extend a maximum of ten feet into the predominant setback area.

(c)

Expression zone. Architectural features such as bay windows or other projections not exceeding 25 percent (in aggregate) of the building frontage may project up to five feet beyond the predominant building line.

(4)

Rear building setbacks. All buildings must be setback a minimum of 20 feet from the rear property line. This shall not prohibit buildings that do not comply with this standard as of the date of effect of this ordinance from being rebuilt in the case of destruction or damage (beyond 50 percent of state equalized value), expanded, or otherwise improved.

u.

For the C-1 district, the city council may allow building height of up to four stories or 50 feet, subject to the following:

(1)

Off-street parking. At least 80 percent of the required parking for the site must be accommodated on-site.

(2)

Transit alternatives. The proposal includes at least two transit alternatives, including but not limited to: bike parking, electric vehicle (EV) charging stations, bus station improvements, micro-mobility stations, or car share.

(Ord. No. 276, § 2(5.176, 5.177), 9-21-92; Ord. No. 298, § 1, 3-18-96; Ord. No. 348, § I, 5-17-04; Ord. No. 358, § V, 12-12-05; Ord. No. 374, § I, 8-20-07; Ord. No. 389, § X, 10-19-09; Ord. No. 407, § IX, 7-15-13; Ord. No. 412, § II, 2-24-14; Ord. No. 414, §§ II, III, 6-16-14; Ord. No 443, §§ I, II, 11-16-20; Ord. No. 445, §§ X—XII, 5-17-21)