SCHEDULE OF REGULATIONS
The purpose of this Article is to provide area, height, and placement regulations for districts established by this Zoning Ordinance.
Unless otherwise provided in this Ordinance, area, height, and placement regulations under this Ordinance shall be in accordance with the Schedule of Regulations in the Table and footnotes below, which schedule and footnotes are hereby made a part of this Section 4.02.
(a)
When lots are hereafter platted with a side or rear lot line abutting a major thoroughfare with an existing or proposed right-of-way width of one hundred twenty (120) feet or more as designated on the Future Transportation Map of the City of Livonia, the lot depth and/or lot width shall be increased by at least thirty (30) feet to provide additional buffering from such thoroughfare.
(b)
RESERVED.
(c)
One-family dwellings together with accessory buildings shall not cover more than thirty-five (35) percent of the lot area.
(d)
Side Yard Setbacks:
i)
Side Yards; One- and Two-Family Dwellings. All lots in NM1 Districts on which a one family dwelling is established shall have two (2) side yards, one with a minimum width of not less than six (6) feet, and the aggregate width of both side yards shall not be less than sixteen (16) feet. All lots in NM1 Districts on which a two (2) family dwelling is established shall have two (2) side yards of not less than ten (10) feet each.
ii)
Side Yards; Non-Residential Use. Every lot on which a building or structure used for a non-dwelling purpose shall have a side yard on each side of such lot, and each such yard shall be not less than fifteen (15) feet in width.
(e)
In NM1 Districts, the width of side yards abutting upon a street shall not be less than seventeen (17) feet at the first-floor level when rear yards abut rear yards; however, in case of a rear yard abutting a side yard of an adjacent lot, the side yard abutting upon a street shall be not less than thirty (30) feet.
(f)
Provided, however, that when any front, rear or side yard abuts a major thoroughfare of one hundred twenty (120) feet or more as indicated on the Future Transportation Map of the City of Livonia, the minimum setback shall be seventy-five (75) feet.
(g)
Buildings shall not exceed four (4) stories in height, except that the maximum height of buildings to be erected or used on any parcel or parcels of land designated Zone I, Zone II, or Zone III shall be as follows:
(h)
Thirty-five (35) feet and two and one-half (2½) stories, except that the maximum height of a building to be erected or used on any parcel or parcels of land designated Zone I, Zone II, and Zone III shall be as follows:
(i)
The following setbacks apply in the NM3 District for building heights greater than 2 stories:
(j)
In C-1 Districts no commercial building shall hereafter be erected having a first-floor area of less than six hundred (600) square feet or as otherwise approved by the City Council.
(k)
In no case shall a business lot be less than four thousand (4,000) square feet in area.
(l)
No commercial or business building shall hereafter be erected having a first-floor area of less than four hundred (400) square feet or as otherwise approved by the City Council.
(m)
When a building is hereafter erected or altered in any ML District, front, rear, and side yards shall be maintained as follows:
i)
Parcels Less Than One (1) Acre in Area. The front yard shall have a depth of at least fifty (50) feet, the rear yard shall have a depth of at least twenty (20) feet, and there shall be two (2) side yards, each having a width of not less than twelve (12) feet and the combined width of both side yards shall not be less than forty (40) feet; provided, however, that a side yard abutting a street shall not be less than thirty (30) feet.
ii)
Parcels Less Than Ten (10) Acres in Area. Where such building is situated on a lot having an area in excess of one (1) acre and not more than ten (10) acres, the front and rear yards shall be at least fifty (50) feet each in depth, the interior side yards shall not be less than thirty (30) feet each, and a side yard abutting a street shall not be less than thirty (30) feet.
iii)
Parcels More Than Ten (10) Acres in Area. The front yard shall have a depth of at least one hundred (100) feet, the rear yard shall be at least fifty (50) feet in depth, interior side yards shall not be less than thirty (30) feet each, and a side yard abutting a street shall not be less than fifty (50) feet.
iv)
Provided, however, that notwithstanding the foregoing, where any such parcel or lot abuts a major thoroughfare having an existing or planned width of one hundred twenty (120) feet or more, as shown on the Future Transportation Map, then the required yards abutting major thoroughfares shall be provided with a depth of no less than one hundred (100) feet; except, however, in the case of properties abutting Eight Mile Road (Baseline Road) and the I-96 (Schoolcraft) Freeway eastbound service drive, in which case the said minimum setback shall be fifty (50) feet; further, the yard requirements set forth in this section shall not apply to property lines adjacent to any railroad right-of-way.
(n)
When a building is hereafter erected or altered in any M-1 District, front, rear, and side yards shall be maintained as follows:
i)
Parcels Less Than One (1) Acre in Area. The front yard shall have a depth of at least fifty (50) feet, the rear yard shall have a depth of at least twenty (20) feet, the interior side yards shall be not less than twenty (20) feet each, and a side yard abutting a street shall be not less than twenty-five (25) feet.
ii)
Parcels Less Than Ten (10) Acres in Area. Where such building is situated on a lot having an area in excess of one (1) acre and not more than ten (10) acres, the front and rear yards shall be at least fifty (50) feet each in depth, the interior side yards shall be not less than twenty (20) feet each, and a side yard abutting a street shall be not less than twenty-five (25) feet.
iii)
Parcels More Than Ten (10) Acres in Area. Where such building is situated on a lot having an area in excess of ten (10) acres, the front yard shall have a depth of at least one hundred (100) feet, the rear yard shall be at least fifty (50) feet in depth, the interior side yards shall not be less than twenty (20) feet each, and a side yard abutting a street shall be not less than fifty (50) feet.
Provided, however, that notwithstanding the foregoing, where any such parcel or lot abuts a major thoroughfare having an existing or planned width of one hundred twenty (120) feet or more, as shown on the Future Transportation Map, then the required yards abutting major thoroughfares shall be provided with a depth of no less than one hundred (100) feet; except, however, in the case of properties abutting Eight Mile Road (Baseline Road) and the I-96 (Schoolcraft) Freeway eastbound service drive, in which case the said minimum setback shall be fifty (50) feet; further, the yard requirements set forth in this section shall not apply to property lines adjacent to any railroad right-of-way.
(o)
When a building is hereafter erected or altered in any M-2 District, front, rear, and side yards shall be maintained as follows:
i)
Parcels more than twenty (20) acres in area, front, rear, and side yards shall have a depth of at least two hundred (200) feet each.
ii)
Parcels twenty (20) acres or less in area. Front, rear, and side yards shall be the same as required in an M-1 District;
iii)
Provided, however, that notwithstanding the foregoing provisions of this section, the following additional requirements shall apply:
•
Where any such parcel or lot abuts a major thoroughfare having an existing or planned width of one hundred twenty (120) feet or more, as shown on the Future Transportation Map, then, and in such event, the required yard abutting a major thoroughfare shall have a setback of no less than one hundred (100) feet; except, however, in the case of properties abutting the I-96 (Schoolcraft) Freeway eastbound service drive, in which case the said minimum setback shall be fifty (50) feet;
•
Where any such parcel abuts on the boundary of any district zoned other than M-2, M-1, or PL, any yard of such parcel abutting on such boundary shall not be less than two hundred (200) feet;
•
The yard requirements set forth in this section shall not apply to property lines adjacent to any railroad right-of-way.
(p)
No part of the minimum required front yard, side yard or rear yard shall be used for either the storage, placement or display of merchandise or equipment and no part of any parcel of land located in a C-1, C-2, C-3, or C-4 District shall be used for outdoor storage of merchandise or equipment, except as specifically permitted by other provisions of this ordinance. The foregoing prohibition of storage, placement or display of equipment within the required minimum front yard shall include the parking or storage of merchants' delivery vehicles except when loading or unloading merchandise or equipment. Side yards are not required along interior lot lines if all walls abutting or facing such lot lines are of fireproof construction and wholly without windows or other openings; but if the side wall is not of fireproof construction, or if of fireproof construction but containing windows or other openings (other than emergency exits or vents). For one (1) story buildings, the side/rear yard setback shall be five (5) feet; provided, however, that when a side/rear lot line coincides with a side/rear lot line in a residential district each commercial building shall provide a side/rear yard of not less than twenty (20) feet.
(q)
In C-3 Districts no rear yard is required except for a lot running through to the street in the rear in which case a rear yard shall be provided which shall comply with the front yards on that street.
(r)
A covered but unenclosed front porch will not be considered nonconforming by virtue of its incidental encroachment on the front yard setback.
(s)
The maximum usable floor area as a percentage of lot area shall be limited to 35%, except in cases where City Council determines that it is in the best interests of the community to allow for a greater percentage, the maximum shall be 45%.
SCHEDULE OF REGULATIONS
The purpose of this Article is to provide area, height, and placement regulations for districts established by this Zoning Ordinance.
Unless otherwise provided in this Ordinance, area, height, and placement regulations under this Ordinance shall be in accordance with the Schedule of Regulations in the Table and footnotes below, which schedule and footnotes are hereby made a part of this Section 4.02.
(a)
When lots are hereafter platted with a side or rear lot line abutting a major thoroughfare with an existing or proposed right-of-way width of one hundred twenty (120) feet or more as designated on the Future Transportation Map of the City of Livonia, the lot depth and/or lot width shall be increased by at least thirty (30) feet to provide additional buffering from such thoroughfare.
(b)
RESERVED.
(c)
One-family dwellings together with accessory buildings shall not cover more than thirty-five (35) percent of the lot area.
(d)
Side Yard Setbacks:
i)
Side Yards; One- and Two-Family Dwellings. All lots in NM1 Districts on which a one family dwelling is established shall have two (2) side yards, one with a minimum width of not less than six (6) feet, and the aggregate width of both side yards shall not be less than sixteen (16) feet. All lots in NM1 Districts on which a two (2) family dwelling is established shall have two (2) side yards of not less than ten (10) feet each.
ii)
Side Yards; Non-Residential Use. Every lot on which a building or structure used for a non-dwelling purpose shall have a side yard on each side of such lot, and each such yard shall be not less than fifteen (15) feet in width.
(e)
In NM1 Districts, the width of side yards abutting upon a street shall not be less than seventeen (17) feet at the first-floor level when rear yards abut rear yards; however, in case of a rear yard abutting a side yard of an adjacent lot, the side yard abutting upon a street shall be not less than thirty (30) feet.
(f)
Provided, however, that when any front, rear or side yard abuts a major thoroughfare of one hundred twenty (120) feet or more as indicated on the Future Transportation Map of the City of Livonia, the minimum setback shall be seventy-five (75) feet.
(g)
Buildings shall not exceed four (4) stories in height, except that the maximum height of buildings to be erected or used on any parcel or parcels of land designated Zone I, Zone II, or Zone III shall be as follows:
(h)
Thirty-five (35) feet and two and one-half (2½) stories, except that the maximum height of a building to be erected or used on any parcel or parcels of land designated Zone I, Zone II, and Zone III shall be as follows:
(i)
The following setbacks apply in the NM3 District for building heights greater than 2 stories:
(j)
In C-1 Districts no commercial building shall hereafter be erected having a first-floor area of less than six hundred (600) square feet or as otherwise approved by the City Council.
(k)
In no case shall a business lot be less than four thousand (4,000) square feet in area.
(l)
No commercial or business building shall hereafter be erected having a first-floor area of less than four hundred (400) square feet or as otherwise approved by the City Council.
(m)
When a building is hereafter erected or altered in any ML District, front, rear, and side yards shall be maintained as follows:
i)
Parcels Less Than One (1) Acre in Area. The front yard shall have a depth of at least fifty (50) feet, the rear yard shall have a depth of at least twenty (20) feet, and there shall be two (2) side yards, each having a width of not less than twelve (12) feet and the combined width of both side yards shall not be less than forty (40) feet; provided, however, that a side yard abutting a street shall not be less than thirty (30) feet.
ii)
Parcels Less Than Ten (10) Acres in Area. Where such building is situated on a lot having an area in excess of one (1) acre and not more than ten (10) acres, the front and rear yards shall be at least fifty (50) feet each in depth, the interior side yards shall not be less than thirty (30) feet each, and a side yard abutting a street shall not be less than thirty (30) feet.
iii)
Parcels More Than Ten (10) Acres in Area. The front yard shall have a depth of at least one hundred (100) feet, the rear yard shall be at least fifty (50) feet in depth, interior side yards shall not be less than thirty (30) feet each, and a side yard abutting a street shall not be less than fifty (50) feet.
iv)
Provided, however, that notwithstanding the foregoing, where any such parcel or lot abuts a major thoroughfare having an existing or planned width of one hundred twenty (120) feet or more, as shown on the Future Transportation Map, then the required yards abutting major thoroughfares shall be provided with a depth of no less than one hundred (100) feet; except, however, in the case of properties abutting Eight Mile Road (Baseline Road) and the I-96 (Schoolcraft) Freeway eastbound service drive, in which case the said minimum setback shall be fifty (50) feet; further, the yard requirements set forth in this section shall not apply to property lines adjacent to any railroad right-of-way.
(n)
When a building is hereafter erected or altered in any M-1 District, front, rear, and side yards shall be maintained as follows:
i)
Parcels Less Than One (1) Acre in Area. The front yard shall have a depth of at least fifty (50) feet, the rear yard shall have a depth of at least twenty (20) feet, the interior side yards shall be not less than twenty (20) feet each, and a side yard abutting a street shall be not less than twenty-five (25) feet.
ii)
Parcels Less Than Ten (10) Acres in Area. Where such building is situated on a lot having an area in excess of one (1) acre and not more than ten (10) acres, the front and rear yards shall be at least fifty (50) feet each in depth, the interior side yards shall be not less than twenty (20) feet each, and a side yard abutting a street shall be not less than twenty-five (25) feet.
iii)
Parcels More Than Ten (10) Acres in Area. Where such building is situated on a lot having an area in excess of ten (10) acres, the front yard shall have a depth of at least one hundred (100) feet, the rear yard shall be at least fifty (50) feet in depth, the interior side yards shall not be less than twenty (20) feet each, and a side yard abutting a street shall be not less than fifty (50) feet.
Provided, however, that notwithstanding the foregoing, where any such parcel or lot abuts a major thoroughfare having an existing or planned width of one hundred twenty (120) feet or more, as shown on the Future Transportation Map, then the required yards abutting major thoroughfares shall be provided with a depth of no less than one hundred (100) feet; except, however, in the case of properties abutting Eight Mile Road (Baseline Road) and the I-96 (Schoolcraft) Freeway eastbound service drive, in which case the said minimum setback shall be fifty (50) feet; further, the yard requirements set forth in this section shall not apply to property lines adjacent to any railroad right-of-way.
(o)
When a building is hereafter erected or altered in any M-2 District, front, rear, and side yards shall be maintained as follows:
i)
Parcels more than twenty (20) acres in area, front, rear, and side yards shall have a depth of at least two hundred (200) feet each.
ii)
Parcels twenty (20) acres or less in area. Front, rear, and side yards shall be the same as required in an M-1 District;
iii)
Provided, however, that notwithstanding the foregoing provisions of this section, the following additional requirements shall apply:
•
Where any such parcel or lot abuts a major thoroughfare having an existing or planned width of one hundred twenty (120) feet or more, as shown on the Future Transportation Map, then, and in such event, the required yard abutting a major thoroughfare shall have a setback of no less than one hundred (100) feet; except, however, in the case of properties abutting the I-96 (Schoolcraft) Freeway eastbound service drive, in which case the said minimum setback shall be fifty (50) feet;
•
Where any such parcel abuts on the boundary of any district zoned other than M-2, M-1, or PL, any yard of such parcel abutting on such boundary shall not be less than two hundred (200) feet;
•
The yard requirements set forth in this section shall not apply to property lines adjacent to any railroad right-of-way.
(p)
No part of the minimum required front yard, side yard or rear yard shall be used for either the storage, placement or display of merchandise or equipment and no part of any parcel of land located in a C-1, C-2, C-3, or C-4 District shall be used for outdoor storage of merchandise or equipment, except as specifically permitted by other provisions of this ordinance. The foregoing prohibition of storage, placement or display of equipment within the required minimum front yard shall include the parking or storage of merchants' delivery vehicles except when loading or unloading merchandise or equipment. Side yards are not required along interior lot lines if all walls abutting or facing such lot lines are of fireproof construction and wholly without windows or other openings; but if the side wall is not of fireproof construction, or if of fireproof construction but containing windows or other openings (other than emergency exits or vents). For one (1) story buildings, the side/rear yard setback shall be five (5) feet; provided, however, that when a side/rear lot line coincides with a side/rear lot line in a residential district each commercial building shall provide a side/rear yard of not less than twenty (20) feet.
(q)
In C-3 Districts no rear yard is required except for a lot running through to the street in the rear in which case a rear yard shall be provided which shall comply with the front yards on that street.
(r)
A covered but unenclosed front porch will not be considered nonconforming by virtue of its incidental encroachment on the front yard setback.
(s)
The maximum usable floor area as a percentage of lot area shall be limited to 35%, except in cases where City Council determines that it is in the best interests of the community to allow for a greater percentage, the maximum shall be 45%.