The intent of this Article is to provide regulations that generally apply to all uses regardless of the particular zoning district.

(Ord. No. 600, § 1, 1-8-2018)

A.

General Lot Requirement. No portion of a lot used to comply with the yard, setback requirements, lot area per unit, residential density, percentage of lot occupancy, or other site requirement of this Ordinance shall be counted toward the yard, lot area per unit, residential density, percentage of occupancy, or other site requirement for any other existing building or structure.

B.

Number of Buildings per Lot.

(1)

There shall be only one (1) single-family dwelling or one (1) two-family dwelling permitted per lot, provided all other requirements of this Ordinance are met.

(2)

For all developments within the TD, Transitional District BD, Business District; or PRD, Parks and Recreation District more than one (1) principal building per lot may be permitted, as long as all other requirements of this Ordinance are met.

C.

The requirements for a rear yard herein set forth shall not apply to buildings on through lots running from street to street.

D.

In computing the depth of a rear yard or the distance a building or structure must be set back from the rear lot line where such yard abuts an alley or street, one-half of such alley or street may be assumed to be a portion of the yard.

(Ord. No. 600, § 1, 1-8-2018)

A.

General Requirements

(1)

Accessory uses, buildings, and structures customarily incidental and accessory to the uses permitted by Section 40-4.08 shall be permitted when located on the same lot and in accordance with the provisions of this section.

(2)

No accessory building or structure shall be built upon a lot or parcel unless and until a principal structure is erected.

(3)

No accessory use on a lot shall be permitted to operate unless such lot is occupied by an operational principal use.

(4)

In no instance, shall an accessory building or structure be located within a dedicated easement or right-of-way.

(5)

An accessory building attached to the principal building shall be considered part of the principal building and shall be made a structural part thereof and shall comply with the provisions of this Ordinance.

B.

Accessory Buildings in Residential Zoning Districts.

(1)

No more than two (2) accessory building or structures may be permitted per lot. A private garage or carport not to exceed 650 square feet in floor area and one other accessory building not to exceed 100 sq. ft. in floor area may be permitted.

(2)

An accessory building shall not be used for the conduct of any business or home occupation or for use as a dwelling.

(3)

An accessory building or structure shall only be built or constructed in the rear yard except for the exceptions as provided in Section 40-6.04.

(4)

Accessory buildings or structure shall meet the following setbacks, except for the exceptions as provided in Section 40-6.04:

(a)

Accessory structures may be no closer than six (6) feet to the rear lot line.

(b)

No detached accessory building or accessory structure may be closer than three (3) feet from a side lot line. If a detached accessory building is to be located within ten (10) feet of a residence on an adjoining lot, such accessory building shall be at least five (5) feet from the side lot line.

(c)

A detached accessory building shall be no closer than ten (10) feet to the principal building or another accessory building.

(d)

Where an accessory building or structure is attached to a principal building or is an extension of a principal building (such as a garage, carport, deck, chimney, window box, cantilevered bay, etc.) said building or structure shall conform to all regulations applicable to the principal building.

(e)

In the case of a corner lot, where an adjacent house fronts upon the side street, an accessory building or accessory structure shall be set back from the side street lot line a distance which is at least equal to the front setback of the adjoining house facing the same side street. In no case, shall the accessory building or accessory structure be located closer than eight (8) feet from said side street lot line. A private garage, whether attached or detached, the garage doors of which face the side street shall be set back at least 18 feet from the side street lot line.

(5)

The total ground area covered by all accessory buildings and structures together shall not occupy more than 50 percent of the rear yard.

(6)

An accessory building or structure attached to a main building shall not exceed the height of the main building. All other accessory buildings or structure shall not exceed 16 feet in height, except as provided in Section 40-6.04, and shall not include any habitable living space.

(7)

An attached accessory building shall not project forward of any portion of the front façade of the main building including the front door and shall not exceed 50 percent of the width of the building.

C.

Accessory Buildings in the TD, Transitional District; BD, Business District; or PRD, Parks and Recreation District.

(1)

Accessory buildings or structure shall meet the following setbacks, except for the exceptions as provided in Section 40-6.04:

(a)

No accessory buildings or structures shall be erected within the boundaries of any front or side yards required hereunder.

(b)

Accessory structures may be located in a rear yard, but no accessory building or accessory structure shall be located within six (6) feet to the rear lot line.

(2)

An accessory building or structure attached to a principal building shall be considered part of the principal building and meet all bulk regulations. All other accessory buildings or structures shall not exceed 16 feet in height, except as provided in Section 40-6.04.

(Ord. No. 600, § 1, 1-8-2018)

A.

Height Exceptions.

(1)

A chimney may exceed the height regulations of the zoning district in which it is located by two (2) feet.

(2)

In the TD, Transitional District; BD, Business District; or PRD, Parks and Recreation District, roof structures and screening devices for the housing of elevators, stairways, tanks, roof-mounted mechanical equipment, solar panels, or similar equipment required to operate and maintain the building shall not exceed by more than ten (10) feet the height limit of the district in which the use is located.

(3)

Fire walls and skylights shall not exceed the height limit of the district in which the use is located by more than five (5) feet.

(4)

A structure which is permitted by this Section to exceed height limits shall account for no more than ten percent (10%) of the roof area of the building; nor shall such structure be used for any residential, commercial, or industrial purpose whatsoever other than a service use incidental to the main use of the building.

B.

Front porches. An open, single-story, unenclosed porch may project in front of a dwelling, into a required front yard for a maximum distance not to exceed six (6) feet. Uncovered steps may project an additional two (2) feet in front of a front porch. The steps must be the same material as the porch. The porch may be covered by a roof subject to the following conditions:

(1)

The porch ceiling shall not exceed the eaves of the house to which it is attached.

(2)

The porch roof may be supported by columns but shall not be otherwise enclosed (i.e., no walls, windows or screens).

(3)

Railings, if required, shall not be a solid wall and shall not exceed 36 inches in height.

(4)

Pressure treated lumber and synthetic deck materials are prohibited.

(5)

If the porch floor is masonry, it shall have a solid concrete foundation and exposed foundation walls must be brick, stone, decorative block or other finished masonry to match the dwelling.

(6)

If the porch floor is wood, it shall be a minimum of three-fourths inch solid tongue and groove style boards with a finish compatible with existing siding. The exposed foundation walls may have non-pressure treated wood lattice between masonry porch piers, and the bottom framing piece resting on the soil may be made of pressure treated lumber.

(7)

The width of the porch, including the roof overhang, shall not exceed the width of the dwelling; however, a front porch may wrap around to a side porch provided the required side yard setback is met.

(8)

For lots with less than 7,000 square feet of area, a covered front porch may exceed the maximum lot coverage allowed in the Schedule of Regulations by up to one (1) percent of the lot area.

C.

Handicap Ramps. A handicap ramp may project into a front yard for a distance necessary to meet the standards set forth in Public Act No. 230 of 1972 (MCL 125.1501 et seq.).

D.

Projections. Roof overhangs, cornices, eaves, gutters, window awnings and similar projections may extend into a required front yard or rear yard for a distance not exceeding three (3) feet. Garden windows, first floor cantilevered bay windows and chimneys may extend into a required front yard or rear yard for a distance not exceeding two (2) feet. Roof overhangs, cornices, eaves, gutters and chimneys may extend into a required side yard for a distance not exceeding one (1) foot. Window or door wells for emergency escape and rescue openings shall only be located in a rear yard, except a window well may be located in a side yard, including a required side yard, provided:

(1)

The window well extends outward from the building no more than three (3) feet.

(2)

There is at least two (2) feet between the window well and the side lot line.

(3)

The window well is no more than six (6) inches above the surrounding grade.

(4)

The window well is covered by a safety grate.

E.

Air Conditioners and Power Generators. Refrigeration or cooling equipment (used for central air conditioning purposes) or power generators (used as a source of interim power) installed outside of a dwelling or main building shall be:

(1)

Screened with approved fencing or landscaping.

(2)

Located in the rear yard of the dwelling or main building.

(3)

In compliance with sound emission as set forth in Section 40-9.04.C.

(4)

In the case of corner lots, the city manager or his designee may authorize installation toward the side lot line adjacent to the street in instances where compliance with the general rules set forth above would cause practical difficulties or result in unnecessary hardship. If authorized, shrubbery or other live plant material must be planted and maintained to screen it from view; further provided that the city manager or his designee may authorize installation toward side lot lines on any lot upon the receipt of written approval of such installation from the owner of the premises adjacent to and affected by such installation.

F.

Basketball Net Assemblies. A maximum of two (2) basketball net assemblies may be erected upon a lot. Only one (1) basketball net assembly may be erected in the front yard provided that it is setback at least 50 percent of the front setback to the front lot line. Basketball net assemblies shall be set back at least six (6) inches from the lot line.

G.

Driveways. A driveway may be constructed in a front, side or rear yard provided such driveway is in conformance with the regulations of Section 40-10.09.

H.

Sidewalks, Sprinkler Systems and Yard Lights. Sprinkler systems and yard lights may be constructed or installed in a front, side or rear yard.

I.

Exceptions. The Planning Commission may permit exceptions to:

(1)

The height regulations of this chapter for towers of places of worship and for towers for wireless communications facilities.

(2)

The height, area, and setback regulations of this chapter for bus shelters, utility cabinets, recreation facilities such as tennis courts and play structures, and similar structures.

(3)

In approving such exception, the Planning Commission shall make a finding that the exception will not have an adverse impact on adjacent or nearby properties.

(Ord. No. 600, § 1, 1-8-2018; Ord. No. 628 , § 1, 12-7-2021)

A.

No fence, wall, shrubbery, sign, or other obstruction to vision above a height of thirty (30) inches from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of twenty-five (25) feet from their point of intersection.

(Ord. No. 600, § 1, 1-8-2018)