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Harrison Charter Township
City Zoning Code

ARTICLE XII.

YARDS, SETBACKS AND LOTS

Section 12.00.- Lot.

Lot: A parcel of land occupied or intended to be occupied by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this ordinance. A lot may or may not be specifically designated as such on public records. Each such parcel shall also have its front lot line abutting a public street or private road.

Lot, corner: A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. Such lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this ordinance if the arc is of less radius than 50 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.

Lot coverage: The part or percent of the lot occupied by buildings or structures, including accessory buildings, structures, and other impervious surfaces.

Lot depth: The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

Lot lines: The lines bounding a lot as defined herein:

Front lot line. In the case of an interior lot, is that line separating said lot from the street. In the case of a through lot, is the line separating said lot from either street.

Rear lot line. That lot line opposite the front lot line.

Side lot line. Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line.

Lot, through (double-frontage lot): A lot other than a corner lot with frontage on more than one street other than an alley.

Lot width: The horizontal straight line distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines if the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoint of the front and rear property lines.

Lot type diagram:

(Ord. No. 308.5, § 4, 4-26-2021)

Section 12.01. - Setback.

Building envelope (buildable area). The space remaining on a parcel of land after compliance with the minimum required setbacks and the minimum open space requirements of this ordinance.

Build-to line. The line at which construction of a building façade is to occur on a lot. A build to line runs parallel to, and is measured from, the front lot line and is established to create an even building facade line on the street. This established building line shall be maintained for a minimum of seventy-five percent of the building frontage.

Setback. The minimum horizontal distance between the subject lot line, centerline of the right-of-way, or centerline of the private street and the building, excluding only steps.

Section 12.02. - Yard.

Yard. An open space, unoccupied and unobstructed from the ground upward, except as otherwise provided herein, and being on the same lot with a building. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building or structure. A "required yard" is that portion of any lot on which the erection of a main building is prohibited.

A.

Front yard is a yard on the same lot with a building between the front line of the building and the front lot line and extending from one side lot line to the other side lot line.

B.

Rear yard is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

C.

Side yard is an open space extending from the side lot line to the building, the depth of which shall be the extent of the building.

Section 12.03. - Water.

A.

Residential Lots Abutting Water: Residential lots and/or parcels abutting water shall maintain a yard equal to the front yard setback on all areas of a lot abutting water. Such area shall be maintained as an open yard, and consistent with sections 5.02 and 6.01. This provision shall only apply to structures 48 inches in height or taller.

Section 12.04. - Frontage.

Every dwelling or principal building shall be located on a parcel that has frontage, meeting the lot width requirement of this Ordinance, on an improved public or an existing private street, road or highway.

Section 12.05. - Location of a structure in an easement.

A.

No structure, building or constructed improvement other than a fence, walk or parking lot, may be erected in a public easement.

B.

No grading or regrading shall be conducted on a parcel of land within an easement without approval of the regulating authority.

Section 12.06. - Yard use.

The portion of a site on the street side of any dwelling shall be used only for landscaping, driveways and parking spaces located within such driveways, and other accessory structures as provided in this Ordinance.

Section 12.07. - Measuring setback requirements.

The measurement for determining front, rear and side setback requirements shall be made from the nearest point of the applicable site line to the nearest point of the exterior wall of the principal building or structure. In the case of water front lots, the setback shall be measured from the nearest point of the applicable ordinary high water mark or seawall (as applicable) to the nearest point of the exterior wall of the principal building or structure.

Section 12.08. - Multiple road frontages.

The placement of all buildings on corner lots and lots having frontage on two or more streets shall observe the required front yard setback from all abutting streets.

Section 12.09. - Projections into yards.

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 inches for each one foot of width of such required side yard, and may extend or project into a required front or rear yard not more than three feet.

Section 12.10. - Front yard setback modifications.

Where actual street rights-of-way are inconsistent with the proposed rights-of-way designated in the Master Plan, the effective setback from the center line of the right of way shall be equal to the average setback for existing buildings in the area, as determined by the Building Official (or Planning Commission for multiple-family residential and non-residential buildings, structures and uses), after consultation with the Township Planner and Engineer. In all cases, a petitioner may seek a setback determination from the Zoning Board of Appeals, if they are not satisfied with the determined setback.

(Ord. No. 308, § 4, 2-13-2017)