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Mackinaw City Zoning Code

153 Residential

District

153.50 Description

The Residential District includes single-family dwellings, two-family dwellings, and multi-family dwellings.

153.51 Permitted Uses

Permitted uses in this district are:

  1. Dwellings of the following types: single-family detached, single-family semi-detached, single-family attached, two-family attached, two-family detached and semi-detached, multi-family, boarding houses or lodging houses, subject to § 153.52.
  2. Conversions. Any structure within this district may be converted into one of the dwellings permitted in this district, provided all requirements for such dwellings are met.
  3. Home occupations are permitted only in connection with the single and two-family dwellings permitted in this district. They shall be subject to the following regulations and standards:
    1. No article shall be sold or offered for sale on the premises except such as is produced on the premises or is provided incidental to the service or profession conducted on the premises.
    2. There shall be no exterior storage of materials or equipment.
    3. There shall be no exterior indication of the home occupation other than signs and no variation from the residential character of the dwelling.
    4. No heat, glare, noise, vibration, noxious or toxic fumes, odors, vapors, gases, or matter shall be produced at any time by a home occupation which are readily detectable without the use of instruments at any point on the boundaries of the premises.
    5. The emission of smoke as specified in § 153.72 shall not be exceeded.
    6. Signs in connection with a home occupation shall:
      1. Not be illuminated;
      2. Not extend beyond lot lines;
      3. Not exceed two square feet in area, in total area per lot.
      4. Not be placed in a manner that obstructs vehicular traffic (either by physical obstruction or sight lines) or pedestrian traffic.
    7. Except for members of the family living on the premises, there shall be no more than one employee.
  4. Commercial establishments, limited to those retail and service establishments serving primarily the inhabitants of the Residential District in which such establishments are located, shall be permitted whether as a new structure or conversion of an existing structure only as a special use, in accordance with, and subject to, the provisions of §§ 153.140 through 153.149 (special uses), and to the setback, lot area and width, and maximum floor area, floor area ratio and coverage requirements of this subchapter.
  5. Accessory structures and uses customarily incidental to the main or principal structures permitted in the Residential District, are permitted in the Residential District.
  6. Agriculture is permitted throughout the Residential District but not the keeping or raising of poultry, birds, etc.
  7. Public, parochial, or private schools offering instruction in one or more grades from kindergarten through twelfth grade.
  8. Churches or similar places of worship, parish houses, Sunday schools.
  9. Public libraries, art galleries, public parks, playgrounds, and community centers.
  10. Hospitals, nursing homes and doctors' clinics. (Am. Ord. 873, passed 1-13-14) Penalty, see § 153.999

153.52 Regulations And Standards For Dwellings

The following regulations and standards shall apply to all dwellings:

  1. Occupancy.
    1. Dwelling unit. Residential occupancy per dwelling unit shall be limited to one family and not more than two roomers or boarders.
    2. Lodging unit. Residential occupancy per lodging unit shall be limited to one family.
  2. Location. Dwellings shall be located so as to abut a minor street but may abut a major street only if access to and from such street is provided by a merging feeder system.
  3. Habitable floor area. The minimum habitable floor area per dwelling unit and per lodging unit shall be as follows:
    1. Single and two-family dwelling: 1,000 square feet per dwelling unit.
    2. Multi-family dwelling: 600 square feet per dwelling unit.
    3. Boarding house, lodging house: 300 square feet per dwelling unit, 150 square feet per lodging unit.
    4. Dwelling unit or lodging unit in commercial building, where permitted 300 square feet per dwelling unit, 150 square feet per lodging unit.
  4. Off-street parking space.
    1. The minimum required number of parking spaces shall be as follows:
      1. Single and two-family dwellings: two parking spaces per dwelling unit.
      2. Multi-family dwellings; boarding houses; lodging houses:
        1. One parking space per dwelling unit.
        2. One parking space per lodging unit.
      3. Dwelling unit or lodging unit in commercial building, where permitted:
        1. One parking space per dwelling unit.
        2. One parking space per lodging unit.
    2. All such parking spaces shall be located on the same lot or tract of land as the dwelling or building served.
    3. Such parking space for the accommodation of an automobile or light motor truck shall total at least 180 square feet exclusive of maneuvering area.
    4. Such parking space for the accommodation of a heavy motor truck, motor bus or other vehicle shall be of dimensions herein specified for an off-street loading berth.
    5. Not more than one such space within a private garage or private carport shall be rented or based to a nonresident of the premises.
  5. Lot area and density.
    1. Minimum lot area. Each zoning lot shall have an area of at least 9,000 square feet, a lot width of at least 75 feet and a lot depth of at least 100 feet.
    2. Maximum density. The number of dwelling units per lot shall not exceed the lot area in square feet divided by 2,260 square feet. Fractional dwelling units resulting from this computation shall not be counted nor rounded upward to the next higher whole number.
    3. Maximum coverage. The amount of the total lot area which may be covered by all structures on a lot shall not exceed 30%.
  6. No more than one accessory structure that is used for storage may be located on a lot.
  7. Accessory structures must be fully enclosed, consisting of no less than four (4) permanent walls and a roof, operable doors, and fixed or operable window. No stored materials or vehicles shall obstruct any door or window operation, nor project outside the structure's perimeter. No accessory structure for storing vehicles, nor any accessory structure of a size capable of storing vehicles shall have metal or steel siding. No carports shall be allowed as accessory structures. An accessory structure may not exceed one thousand two hundred (1,200) square feet or eight percent (8%) of the lot area, whichever is less; but not to exceed maximum thirty percent (30%) lot coverage of all structures. If a contiguous tract or property is located in the Village limits and contains one and one-half (1-1/2) acres or more, no accessory structure shall exceed three thousand six hundred (3,600) square feet of three percent (3%) or the lot area, whichever is less but not to exceed maximum thirty percent (30%) lot coverage of all structures. (Am. Ord. 696, passed 3-27-00; Am. Ord. 676, passed 4-28-03; Am. Ord. 718, passed 11-28-05; Am. Ord. 781, passed 1-26-09; Am. Ord. 894, passed 1-26-15; Am. Ord. 962, passed 6-1-18; Am. Ord. 982, passed 6-10-19)

153.53 Height

Except as provided in § 153.29:

  1. No main or principal structure shall exceed 35 feet in height, except that multi-family dwellings shall be permitted to a height of six stories.
  2. No detached accessory structure shall exceed twenty-five feet (25') in height or height of existing principal structure on the property. (Am. Ord. 962, passed 6-11-18) Penalty, see § 153.999

153.54 Setback Lines

The following setback line regulations and standards shall apply to all main or principal structures and all detached accessory structures except such as are permitted in yards as provided in § 153.31.

  1. Where the lot abuts a highway as designated on the zoning map, the minimum setback line shall be 60 feet from the nearest right-of-way line.
  2. Where the lot abuts a major street as designated on the zoning map, the minimum setback line shall be 30 feet from the nearest right-of-way line or 60 feet from the center line, whichever is greater.
  3. Where the lot abuts a minor street, the minimum setback line shall be 25 feet from the nearest right-of-way line or 50 feet from the center line, whichever is greater.
  4. Where 25% or more of the lots within a block (such lots abutting streets other than highways) were occupied by main or principal structure) prior to the effective date hereof, the average of the setback lines of such structures shall be the minimum setback line of the remaining vacant lots within such block except where the public health, safety, comfort, morals, or welfare are endangered.
  5. Where the lot abuts a storm or floodwater runoff channel or basin, the minimum setback line shall be 50 feet from the nearest shoreline or high-water line.
  6. No accessory building or structure shall extend beyond the plane of the front of the principal structure. (Am. Ord; 894, passed 1-26-15)

153.55 Yards

On every lot, a front yard, a rear yard and two side yards are required, the dimensions of which shall be equal to or greater than the following:

  1. Front yard depth, 25 feet, unless the building is constructed in an established block, in which case the front yard depth shall be the average of the front yard depths of the two buildings, one on either side. Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the lot. No accessory building or structure shall project into the required front yard space.
  2. Side yard width, ten feet. Accessory buildings or structures may be constructed, erected, or placed in a side yard, provided they are located at least three feet from the side lot line and provided further that the maximum lot coverage is not exceeded.
  3. Rear yard depth, 25 feet. Accessory buildings and structures may be constructed, erected, or placed in a rear yard, provided they are located at least three feet from the rear lot line, and provided further, that the maximum lot coverage is not exceeded. (Ord. 894, passed 1-26-15)

153.56 Pole Barn Buildings

No pole barn building(s) or pole type barn building(s) may be erected in any residential district on any lot within the village limits except as herein provided. If a tract of property is located in the village limits, is zoned residential and contains one and one-half acres or more of property, all in one lot, then a pole barn building may be erected. However, no pole barn building may be erected until a residence has either been constructed on the property or is being constructed on the property simultaneously with the construction of a pole barn building. Pole barn building(s) are hereby defined to be buildings constructed in which there are horizontal purlins, and the main structure is wood members vertically set in the ground. Pole barn building(s) include, but are not limited to, buildings which are constructed with metal or steel exteriors. No pole barn building shall be constructed or modified to be used as a residence. (Ord. 447, passed 2-22-88; Am. Ord. 590, passed 11-22-99; Am. Ord. 676, passed 4-28-03)

153.57 Political Signs

Any political signs located in the residential district shall contain a sign surface area not to exceed 16 square feet. Political signs on private property shall not be placed in a manner that obstructs vehicular traffic (either by physical obstruction or sight lines) or pedestrian traffic. (Ord. 873, passed 1-13-14) Penalty, see § 153.999

153.58 Swimming Pool

No swimming pool may be erected in a residential district that are not prefabricated in-ground or above ground swimming pools that are fully manufactured in a facility for the sole purposes of being used as a swimming pool. In-ground swimming pools require a building permit to be acquired. Above ground swimming pools do not require a building permit. All pools shall be maintained and no allowed to stand stagnant. Any swimming pool existing at the time of the adoption of this ordinance that does not conform to the requirements of this ordinance shall be considered a nonconforming structure, and shall be subject to the regulations pertaining to the nonconforming structure in the Village of Mackinaw Zoning Code. Penalty 153.99.

(Ord. 1006, passed 5-10-21)

153.59 Driveways

Driveways mean the area of any residential property designed for vehicular ingress and egress to and from the property including any such area as shall have been prepared for the parking of vehicles.

Driveways shall be permitted subject to the following:

  1. They may be within required yard area, so long as such driveway complies in all regards with the specifications set forth in this section.
  2. No driveway shall be constructed closer than ten feet (10') to any fire hydrant.
  3. No driveway shall exceed thirty-two feet (32') at its ingress.
  4. Access driveways may be placed in the required side or rear yards to provide access to rear yards or accessory or attached structures. All access driveways must have a curb cut.
  5. Driveways and parking areas shall be constructed of cement, asphalt, or gravel. All driveways and parking areas shall be maintained free of loose or broken material, cracks, or excessive weeds.
  6. Driveway approaches shall be constructed of cement or asphalt.

Penalty 153.999

HISTORY
Adopted by Ord. 1048 on 10/23/2023

1048