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Marblehead City Zoning Code

GENERAL REGULATIONS

§ 154.015 PURPOSE.

   (A)   The general regulations apply to all districts, unless otherwise noted herein.
   (B)   Where requirements of a general regulation and a district regulation differ, the more restrictive requirement shall prevail.
(Ord. passed - -)

§ 154.016 CONFORMANCE REQUIRED.

   No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged for any purpose other than that specifically permitted in the district in which the building or land is located except as hereinafter specified.
(Ord. passed - -) Penalty, see § 154.999

§ 154.017 CONVERSION OF DWELLINGS.

   The conversion of any building into a dwelling or conversion of any building so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such a district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and off-street parking.
(Ord. passed - -) Penalty, see § 154.999

§ 154.018 GENERAL LOT AREA REGULATIONS.

   No parcel of land shall hereafter be so reduced or divided so as to provide less than the minimum lot size required in the district in which such land is situated.
(Ord. passed - -) Penalty, see § 154.999

§ 154.019 GENERAL YARD REQUIREMENTS.

   (A)   Notwithstanding the required general yard requirements for front and rear setbacks set forth in each zoning district, the following shall apply:
      (1)   A lot that has existing dwellings within 400 feet on lots to either side, the required front and rear yard setback shall be the average of the two nearest dwellings. In the event that only the lot on one side has a dwelling within 400 feet, the required front and rear yard setback shall be the same as the existing dwelling. In the event there are no dwellings within 400 feet on lots to either side, the front and rear yard setback shall be as stated in that district.
      (2)   A lot in which the rear yard is adjacent and contiguous to Lake Erie or Sandusky Bay that has existing dwellings within 400 feet on lots to either side, the required front and rear yard setback shall be the average of the two nearest dwellings. In the event that only the lot on one side has a dwelling within 400 feet, the required front and rear yard setback shall be the same as the existing dwelling. In the event there are no dwellings within 400 feet on lots to either side, the rear yard setback shall be a minimum of 60 feet.
   (B)   Generally. Except as herein provided, every required yard shall be open and unobstructed and shall not be reduced or diminished in area so as to be smaller than prescribed by this chapter.
   (C)   Yard measurements.
      (1)   The minimum front yard depth shall be measured on the perpendicular from the street right- of-way line to the building setback line.
      (2)   The minimum side yard width and rear yard depth shall be measured on the perpendicular from the lot lines to the nearest point of the principal building.
      (3)   (a)   Corner lots shall comply with the minimum front yard depths on both streets.
         (b)   Double fronting lots shall comply with the minimum front yard depths on both streets.
   (D)   Yard for single building.
      (1)   No required yard or other open space around one building shall be considered as a yard or open space for any other building.
      (2)   No required yard or other required open space on an adjoining lot shall be considered as providing the yard or open space on the lot whereon a building is to be erected or established.
   (E)   Clear view of intersecting streets. In all zones which require a front yard, no obstruction in excess of two feet in height shall be placed on any comer lot within the triangular area formed by the street right-of-way lines or the projected point of intersection of the street right-of-way lines and a line connecting points 25 feet from the intersection of the street right-of-way lines or the projected point.
   (F)   Yard exceptions.
      (1)   Fences, hedges and walls.
         (a)   Generally. In all districts, except industrial and commercial, fences, hedges and walls may be constructed to a maximum height of six feet in any required side or rear yard beginning at the building lot line and to a height of two and one-half feet in any required yard abutting a street.
         (b)   Facing. The finished surfaces of any fence shall face toward adjacent properties and street frontage.
      (2)   Accessory buildings. All accessory buildings shall be subject to the following regulations and shall be permitted only on lots with a principal building already substantially completed.
         (a)   1.   In residential or business districts one-story detached garages or other accessory buildings may be located a minimum of five feet from side and rear property lines and a minimum of ten feet to the back of the principal building. Accessory buildings shall be located in the rear yard except for garages which may be located in the rear or side yard.
            2.   The maximum floor area permitted for the accessory building may not exceed 1,200 square feet or 50% of the floor area contained within the residential principal dwelling or 50% of the ground floor area of a commercial principal building, whichever is larger.
            3.   Such buildings shall not exceed 20 feet in height.
         (b)   For lots which have frontage on the waters of Sandusky Bay or Lake Erie (lake lots), the following shall apply:
            1.   Accessory buildings may be located in the front, rear or side yards.
            2.   For a corner lot, the front yard setback shall be met for both streets.
            3.   Such buildings shall be no closer than 60 feet to the rear (water side) lot line, and no closer than five feet to the main building. The minimum front yard (road side) setback shall be 35 feet in Residential Districts and 25 feet in the Business District, and the minimum side yard setback of the district in which the lot is located shall be met.
            4.   The accessory structure shall not exceed 20 feet in height.
            5.   The accessory structure shall not occupy more than the equivalent of two-thirds of the living space of the residential principal dwelling or two-thirds of the ground floor area of a commercial principal building, but shall not exceed 850 square feet.
      (3)   Terraces, uncovered porches, platforms and ornamental features.
         (a)   Terraces, uncovered porches, platforms and ornamental features, including railings, which do not extend more than two feet above the level of the ground adjoining the first story, may project into a required side yard, provided these projections be at least two feet from the adjacent lot line.
         (b)   The ordinary projections of chimneys or flues are permitted into the required side and front yards.
      (4)   Use of front yard. Front yards in all districts shall be appropriately landscaped.
(Ord. passed - -; Am. Ord. passed 2-10-2000; Am. Ord. 7, 2011, passed 6-23-2011; Am. Ord. 6, 2015, passed 6-10-2015; Am. Ord. 9, 2017, passed 8-23-2017; Am. Ord. 8-2018, passed 10-24-2018) Penalty, see § 154.999

§ 154.020 BUILDING REGULATIONS.

   (A)   Generally. Other than that permitted by the provisions of this chapter no building shall be erected, converted, enlarged, reconstructed or structurally altered:
      (1)   To exceed the maximum height;
      (2)   To accommodate or house a greater number of families;
      (3)   To occupy a greater percentage of lot area; or
      (4)   To have narrower or smaller rear, front or side yards than are specified herein for the district in which such building is located.
   (B)   Principal building.
      (1)   No more than one principal building shall be permitted on any one lot unless otherwise specifically stated in the Zoning Chapter.
      (2)   More than one townhouse, multi-family, commercial or industrial building is permitted on one lot; however, the building shall be considered as one building for the purpose of determining front, side and rear yard requirements.
      (3)   No principal building shall be erected on a lot which does not abut on at least one street by its full frontage.
   (C)   Temporary uses.
      (1)   The following regulations are necessary to govern certain uses which are of a non- permanent nature. For such uses requiring temporary zoning permits, at least seven days before the instigation of such use, an application for a zoning permit shall be made to the Zoning Administrator, which shall contain a graphic description of the property to be used, a description of the proposed use, and a site plan, with sufficient information to determine the yard, setback, parking and sanitary facility requirements for the proposed temporary use.
      (2)   The following uses are deemed to be temporary uses and shall be subject to the specified regulations and time limits which follow, as well as the regulations of any district in which they are located:
         (a)   Real estate sales offices, which shall contain no living accommodations, shall be permitted within any district for any new subdivision for a period of one year, except that 2 six-month extensions may be granted if conditions warrant. Such offices shall be removed upon the completion of the sales of the lots therein, or upon the expiration of the zoning permit, whichever occurs first.
         (b)   Temporary buildings, offices, and equipment and storage facilities required in conjunction with construction activity may be permitted within any district for a period of one year, except that six-month extensions may be granted if construction is substantially underway. Such uses shall be removed immediately upon completion of the construction or upon expiration of the zoning permit, whichever occurs first.
         (c)   Temporary sales and services may be permitted within parking areas within any business district. A zoning permit valid for a period not to exceed four consecutive days shall only be issued three times within any 12 month period to any individual or organization. The application for the temporary zoning permit shall be accompanied by written permission of the property owners, and shall be prominently displayed at the site. The Zoning Administrator shall not issue a permit for such temporary use if he or she determines that it encroaches upon more than 25% of the required parking area.
         (d)   Temporary retail sales and services, such as sales of plants, flowers, arts and crafts, farm produce or similar items on lots other than parking lots, including any lot on which an existing business is operating or on which a business is vacated, may be permitted for any for-profit individuals or organizations in any business district. A zoning permit valid for a period not to exceed two consecutive days shall only be issued three separate times for any particular lot within any 12 month period and not more than one permit may be issued at the same time for any lot. The applicant must submit a current vendor's license or transient vendor's license, and a written statement from the property owner giving his or her permission for such use. This section shall not be interpreted to prohibit any such use in any case where a valid covenant or deed restriction specifically authorizes such use. In any case, the zoning permit shall be prominently displayed at the site.
   (D)   Private swimming pools.
      (1)   Restriction. No such swimming pool shall be allowed in any residential or business district except as an accessory use to a residence or as a private club facility.
      (2)   Exclusive private uses. The pool is intended and is to be used solely for the enjoyment of the occupants of the principal building of the property on which it is located and their guests.
      (3)   Distance requirements. The pool may be located anywhere on the premises except in required front yards, provided it shall not be located closer than ten feet to a property line of the property on which it is located.
      (4)   Fencing. The swimming pool, or the entire property on which it is located, shall have a wall or fence of not less than four feet in height with a gate and lock as to prevent uncontrolled access by children from the street or from adjacent properties.
      (5)   Lighting. Any lighting used to illuminate the pool area shall be so arranged as to deflect the light away from the adjoining properties.
      (6)   Permit required. No person shall construct or install a swimming pool or make any alterations therein or in the appurtenances thereof without having first submitted an application and plans therefore to the Zoning Inspector.
   (E)   Minimum living floor area per single-family dwelling units.
      (1)   One-story buildings.
         (a)   The minimum for a single-family dwelling without a basement shall be 900 square feet of living area.
         (b)   The minimum with a basement shall be 900 square feet of first floor living area.
      (2)   One and one-half story buildings. The minimum for a single-family dwelling shall be 750 square feet of first floor living area, and a total of not less than 1,150 square feet of living area on both floors, excluding basements.
      (3)   Two-story buildings. The minimum for single-family dwelling shall be 750 square feet of first floor living area, and a total of not less than 1,100 square feet of living space area on both floors, excluding basements.
      (4)   Multi-level buildings. The minimum for a single family dwelling shall be 1,250 square feet of living space area, with a minimum lot coverage of 900 square feet, excluding basements.
   (F)   Siting requirements - approved industrial units and site built units. Approved industrial units and site built units shall comply with the following requirements:
      (1)   The structure shall be installed upon and properly attached to a foundation system that provides adequate support of the structure's vertical and horizontal loads and transfers these and other imposed forces, without failure, from the structure to the undisturbed ground below the frost line;
      (2)   The structure shall meet the minimum floor area requirement of § 154.020, and the structure shall have a minimum width of primary livable floor space of 23 feet and a minimum length of 23 feet;
      (3)   The siting of the structure shall comply with all yard and setback requirements in effect for the district for which it is proposed;
      (4)   The siting of the structure shall comply with all parking requirements in effect for the district for which it is proposed; and
      (5)   The structure shall conform to all other regulations in effect for the district in which it is located.
   (G)   Siting requirements - unapproved industrial units. Unapproved industrial units proposed to be located in the Residential, Business, or Institutional Districts shall comply with the following requirements:
      (1)   The structure shall bear a label certifying that the unit is built in compliance with the Federal Manufactured Housing Construction Safety Standards Act of 1974, which became effective June 15, 1976;
      (2)   The structure shall be installed upon and properly attached to a foundation system that provides adequate support of the structure's vertical and horizontal loads and transfers these and other imposed forces, without failure, from the structure to the undisturbed ground below the frost line;
      (3)   All hitches, axles, wheels and conveyance mechanisms shall be removed from the structure;
      (4)   The structure shall meet the minimum living floor area requirements of § 154.020, and the structure shall have a minimum width of primary livable floor space of 23 feet and a minimum length of 23 feet;
      (5)   The siting of the structure shall comply with all yard and setback requirements in effect for the district for which it is proposed;
      (6)   The siting of the structure shall comply with all parking requirements in effect for the district for which it is proposed; and
      (7)   The structure shall conform to all other regulations in effect for the district in which it is located.
   (H)   Zoning of unapproved industrial units. Unapproved industrial units which were built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, or built subsequent to such Act but not certifiable to compliance with it, shall be permitted only in approved manufactured home parks.
(Ord. passed - -) Penalty, see § 154.999

§ 154.021 NONCONFORMING USES.

   (A)   Nonconforming buildings.
      (1)   The lawful use of any building which does not conform to these regulations, whether by original adoption or by subsequent amendment, may be continued after such adoption or amendment, under the conditions herein specified.
      (2)   An addition to, enlargement or expansion of any such nonconforming building may be permitted provided such addition, enlargement or expansion complies with all height, area, parking, setback and other requirements of the district in which it is located, and that the total aggregate floor area of such addition or additions does not exceed 20% of the floor area in such building at the time it becomes nonconforming.
   (B)   Nonconforming use of a building.
      (1)   The nonconforming use of a building may be changed to a use of the same or more restricted classifications but shall not thereafter be changed back to a less restrictive use.
      (2)   A nonconforming use of the building, or portion thereof, which is discontinued for a period of two years or more, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
   (C)   Nonconforming use of the land.
      (1)   A nonconforming use of open land, where no primary building is involved may be continued from the effective date of this chapter or any subsequent amendment.
      (2)   A nonconforming use of the land shall not be expanded or extended into any other portion of the lot or adjoining property.
      (3)   A nonconforming use of the land or buildings may be changed to a use of the same or more restricted classifications but shall not thereafter be changed back to a less restrictive use.
   (D)   Nonconforming regulations. Any conforming or nonconforming use, that does not conform to the regulations herein pertaining to yard requirements, lot requirements, off-street parking, height regulations and other regulations, shall be permitted to continue under such nonconforming condition; except that any enlargement, change of use or addition shall not cause the aggregate use to violate the provisions of this chapter beyond such existing nonconformance which exists at the time of adoption of this chapter or any subsequent amendment.
   (E)   Nonconformance as to lot area, width and depth. Any lot of record, existing at the time of adoption of this chapter, or any subsequent amendment, where the required lot area, width and/or depth do not meet the regulations herein, may be occupied by any use permitted in the zoning district in which the property is located; provided that yard, coverage and all other requirements are met; and provided that any contiguous land in common ownership be required to be used to meet the district lot area, width and depth requirements.
(Ord. passed - - ; Am. Ord. 6, 2015, passed 6-10-2015) Penalty, see § 154.999

§ 154.022 SCREENING.

   (A)   Screening or buffering in compliance with the provisions of this section shall be provided for any permitted or conditionally permitted non-residential uses which abut any residential area in addition to setback and yard requirements provided elsewhere in the chapter.
   (B)   Applicants for a zoning permit may request a variance from yard or setback requirements in conjunction with a plan for screening, which the Board of Zoning Appeals may consider by weighing the relationship of the proposed screening plan and the requested dimensional variance with respect to their joint impact upon neighboring properties.
   (C)   Such requested variance for a conditionally permitted use shall be incorporated in the conditional use procedure specified within this chapter.
   (D)   The following provisions shall apply with respect to screening.
      (1)   Screening shall be provided for one or more of the following purposes:
         (a)   A visual barrier to partially or completely obstruct the view of structures or activities;
         (b)   An acoustic screen to aid in absorbing or deflecting noise; and/or
         (c)   A physical barrier to contain debris and litter.
      (2)   Screening shall consist of one of the following, or a combination of two or more, as determined by the Zoning Administrator or Board of Zoning Appeals, in the event of an appeal, variance, or conditional use:
         (a)   A solid masonry wall;
         (b)   A solidly constructed decorative fence;
         (c)   A louvered fence;
         (d)   Dense vegetative plantings; and/or
         (e)   A landscaped mounding.
      (3)   Height of screening shall be in accordance with the following:
         (a)   Visual screening walls, fences, plantings or mounds shall be a minimum of five and one-half feet high in order to accomplish the desired screening effect, except in required front yards where maximum height shall be not greater than two and one-half feet. Plantings shall be a minimum of four feet in height at the time of planting; and
         (b)   A dense vegetative planting with a minimum height of four feet at planting and a mature height of at least five and one-half feet, or a solidly constructed decorative fence, shall be permanently maintained along the mutual boundary of an accessory parking area and adjacent land zoned for residential uses, except for the portion of such boundary located within a required front yard.
      (4)   Whenever required screening is adjacent to parking areas or driveways, such screening shall be protected by bumper blocks, posts or curbing to avoid damage by vehicles.
      (5)   All screening shall be trimmed, maintained in good condition, and free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.
(Ord. passed - -) Penalty, see § 154.999

§ 154.023 ANNEXATION.

   (A)   All land annexed to the village subsequent to the adoption of this chapter shall remain subject to the previous township zoning district regulations until such time as the official zoning map is amended according to the provisions of this chapter.
   (B)   All land annexed to the village which, prior to annexation, is not subject to township zoning shall remain unzoned until the official zoning map is amended according to the provisions of this chapter.
(Ord. passed - -)