Table 6. Schedule of Regulations - RESIDENTIAL DISTRICTS

Table 7. Schedule of Regulations - NONRESIDENTIAL DISTRICTS

* Superscript text: see footnotes following this section.

(Ord. No. 165, § 6, 3-19-2012; Ord. No. 581, § 6, 11-11-2013; Ord. No. 170, § 10, 6-16-2014; Ord. No. 174, § 1, 6-1-2015; Ord. No. 179, § 2, 8-8-2016; Ord. No. 184, pt. 4, 12-2-2019; Ord. No. 186, pt. 8, 12-2-2019; Ord. No. 196, § 5, 6-19-2023; Ord. No. 198, § 1, 6-24-2024)

A.

Building Height Measurement. In the R-1 through R-5 and RE districts, building height shall be measured from the average grade on the front façade of the building.

B.

Average Front Setback. If there are existing homes within 200 feet of a subject lot, on the same side of the street, that have an average setback that differs from the front setback as required within this ordinance by more than ten feet, then the average front setback shall be used as the required front setback, provided, however, that in no instance shall a front yard setback be reduced to less than 20 feet.

C.

Corner Lots. For corner lots, the side street yard shall not be less than 15 feet in the R-3 and R-4 district and 25 feet in the R-1, R-2, and RE districts.

D.

Reduced Side Yard on Narrow Lots. If the lots or parcel is less than 60 feet in width, one side yard may be reduced to five feet providing the total of the two side yards shall be a minimum of 15 feet, except as denoted in Section 138-5.101.C above. To reduce a side yard to five (5) feet, the existing side yard on the abutting lot shall be a minimum of ten (10) feet.

E.

Nonresidential Lot Requirements. The minimum lot area and minimum lot width shall be determined by the use meeting all minimum yard requirements and all other requirements of this ordinance. In CB districts, parcels with less area or width than the minimum requirement may be permitted provided all of the following exist:

1.

The parcel is accessed through existing access points. Additional access points may only be constructed upon approval by the Planning Commission.

2.

A covenant restriction prohibiting additional ingress/egress drives from abutting public thoroughfares without Planning Commission approval, shall be recorded at Oakland County.

3.

Cross access easement(s) must be provided to neighboring parcels, if feasible.

4.

Any parcel created as a result of this ordinance shall not be entitled to a separate freestanding monument sign.

F.

Side Yard Setbacks. Side yards shall comply with the following:

1.

If walls of structures facing interior side lot lines contain windows or other openings, the minimum yard requirements in the schedule of regulations shall be met.

2.

Where an NB district abuts an R, RCD, RM-1 and MH district, the minimum side yard requirement shall be 50 feet. This requirement shall not apply to the BD district.

3.

Where a CB or EC district abuts R, RCD, RM-1, MH, SP and BD districts, the minimum side yard shall be 75 feet.

4.

Where an O district abuts an R, RCD, RM-1 or MH district, the minimum side yard requirement shall be 30 feet.

5.

In NB and O districts, a 25-foot setback is required for a side street yard on a corner lot and for the exterior side of parcel or lot on the exterior of the district.

6.

In the CB district a front yard setback shall be required on any street frontage and from any adjacent parcel not zoned CB.

G.

Rear Yard Setback Adjacent to a Residential District. Where a CB district abuts an R, RCD, RM-1 or MH district, the minimum rear yard shall be 100 feet. The rear yard may be reduced to 50 feet with the approval of the Planning Commission after a public hearing in accordance with Section 138-1.203 and submittal of a plan which ensures there will be no significant negative impacts on the adjacent property as a result of the rear yard reduction.

H.

Rear Yard Setback Adjacent to a Nonresidential District. Where an NB, CB, or HB district abuts any other non-residential district, the rear yard for the NB CB, or HB district may be reduced to ten feet with the approval of the Planning Commission, upon its determination that the requested reduction will allow for better development and will be compatible with adjoining properties.

I.

Industrial Reduced Front Yard Setback. The required front yard setback may be reduced to 30 feet on internal streets in industrial subdivisions, provided there is no front yard parking. The front yard, except for areas approved for parking as provided for in this ordinance, shall be landscaped or planted in lawn, and the entire front yard shall be kept in a neat condition.

J.

Industrial Reduced Side Yard Setback. The side yard in the interior of an industrial district may be reduced to 15 feet where there are no openings or windows, except for means of egress required by the building code, in the wall paralleling the side lot line, but where there are other openings or windows, the side yard shall not be reduced to less than 25 feet.

K.

Building Spacing. When there is more than one principal commercial or industrial building on a lot or parcel, or a combination of parcels included in a unified development, the minimum spacing between buildings shall be 25 feet unless otherwise provided for in this ordinance. On all corner lots in I (Industrial) districts, the setbacks from the right-of-way lines shall be 50 feet, except as allowed in footnote I with both frontages to be considered as the front yard setback.

L.

Industrial Large Buildings. In industrial districts, buildings in excess of 300 feet in length along any one side shall receive the approval of the Planning Commission, which approval shall be based upon compatibility with surrounding properties and buildings in reasonable attendance.

M.

Parking in Required Side and Rear Yards. Parking and loading spaces may be located in required side and rear yards in the I (industrial) and EC districts subject to Planning Commission approval. The Planning Commission shall approve such parking or loading only if sufficient access is provided to the building and that the location of the parking or loading spaces will not imperil the health, safety or welfare of employees in the building. Loading spaces that are thusly located and will be visible from a public thoroughfare or any adjacent property not zoned I or EC shall be screened. Such screening shall be opaque to a minimum height of six feet.

N.

Outdoor Use Areas in the I (Industrial) District. Required side yards may be used for loading, unloading, and storage provided that in such instances the Planning Commission shall review the plans for such area to ensure sufficient access to the building or any storage or related areas to provide for the health, safety and general welfare of employees in the building. Dumpster and trash areas are subject to the requirements of Section 138-10.311. Storage areas are subject to the requirements of Section 138-4.430.

O.

Rear Yards Adjacent to Parks or Open Space. The minimum rear yard setback requirement may be reduced to 30 feet on lots that border on land permanently dedicated for park, recreation, and/or open space purposes, provided that the dimension of the park, recreation, and/or open space land shall not be less than 100 feet measured in a straight line not more than 20 degrees off of perpendicular to the rear lot line of such lot.

For purposes of this footnote, permanently dedicated open space shall be determined as provided in Section 138-5.201 for open space option subdivisions. As to other residentially zoned property, dedicated open space shall be land dedicated for park, recreation and/or open space within an approved planned unit development (PUD) by way of recorded plan, easement, agreement or other satisfactory evidence, that the open space use is intended to be permanent.

P.

Building Height. In the R-3 and R-4 districts, the maximum building height may be increased up to 35 feet when all of the following conditions are met:

1.

The building site shall contain at least 13,500 square feet of lot area.

2.

Minimum side yard setbacks, including the total of two, shall be increased by one-half-foot for each one foot or part thereof by which the proposed building height is in excess of 30 feet.

3.

If an increase in building height is proposed on a lot which shares a common side yard with a lot occupied by an existing dwelling, the increased height of the proposed dwelling shall not be more than 190 percent of the height of a dwelling on a lot sharing a common side yard.

In the R-3 and R-4 districts, the maximum building height shall be limited to 24 feet when the following conditions are met:

1.

The lot or parcel is 60 feet in width or less; or

2.

The setback has been reduced as denoted in Section 138-5.101.D, above.

Q.

Increased Building Height. The maximum height for buildings in the O-1 and EC districts may exceed the maximum noted in Section 138-5.100 in accordance with the following requirements:

1.

Height modifications for projects located on sites with less than five acres shall require conditional use approval in accordance with the procedures of Article 2, Chapter 3 (Conditional Use Approval).

2.

Height modifications for projects located on sites with five or more acres of land are subject to Planning Commission approval.

3.

For those buildings with a pitched roof, the maximum height may not exceed 55 feet as measured to the mid-point of the roof system.

4.

Any structure in the O or EC district abutting land planned for one-family residential land uses on the Master Land Use Plan Future Land Use Map shall increase the required yard abutting the residential district by two feet for every foot in height above 30 feet as measured to the top of the highest beam for flat roof systems or to the mid-point of pitched roofs.

R.

Reduced Minimum Lot Width and Area in the R-4 District. Where a proposed parcel is located within a plat where the underlying platted lots are less than the minimum lot width required in the R-4 district and where the resultant lot width would be consistent with the character of the existing one-family neighborhood the minimum lot width may be reduced to the width of the underlying platted lot or 60 feet, whichever is greater. When a reduced lot width is permitted the minimum lot area shall be 7,000 square feet. Buildings on such reduced lots shall comply with the minimum setbacks and all other requirements not involving lot width or area otherwise applicable in the R-4 district.

S.

Average Front Yard Setbacks in Business Districts. In the NB and CB districts, the front setback may be reduced to the average setback of structures within 300 feet of the subject parcel, along the same side of the street.

T.

Leach Road Side Yards. For properties along Leach Road, the minimum side yard setback shall be 15 feet.

U.

Employment Center Front Yards. When any building in the EC district is expanded or redeveloped to have a front yard setback less than 30 feet, a sidewalk shall be provided across the entire street frontage of the property.

V.

Community Business Side Yards. When a side yard in the CB district abuts a NB, CB or HB zoned property and appropriate landscaping has been provided, the required side yard may be reduced to less than twenty five (25) feet provided the total of both side yards is at least fifty (50) feet.

(Ord. No. 165, § 7, 3-19-2012; ; Ord. No. 581, §§ 2, 5, 7, 11-11-2013; Ord. No. 174, § 2, 6-1-2015; Ord. No. 179, § 2, 8-8-2016; Ord. No. 182, § 4, 2-5-2018; Ord. No. 184, pts. 5, 6, 12-2-2019; Ord. No. 186, pt. 9, 12-2-2019; Ord. No. 196, § 5, 6-19-2023; Ord. No. 198, §§ 2—4, 6-24-2024)

The intent of this subsection is to permit the subdivider or developer to vary lot sizes and lot widths so as to average the minimum size of lot per unit as required in Section 138-5.100 for each R-1, R-2, R-3 R-4, and RE one-family district. If this option is selected, the following conditions shall be met:

A.

Lot Width. In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area or width greater than ten percent below that area or width required in the schedule of regulations and shall not create an attendant increase in the number of lots. The average lot width shall not be less than the minimum lot width as required in this Article or elsewhere in this ordinance for the district in which the subdivision is located.

B.

Density. In determining the maximum number of lots permitted, all calculations shall be predicated upon the districts having the following net densities (including roads):

C.

Phasing of Final Plat Approval Prohibited. The technique of averaging minimum lot size shall be acceptable only when the entire preliminary plat, which has received City Council approval, is carried through a final plat and is then recorded in its totality. Recording of portions of a preliminary plat shall not be acceptable under this option.

D.

Average Lot Area Requirement. All computations showing lot area and the average resulting through this technique shall be indicated on the print of the preliminary plat. Such computations shall include the dimensions and area of each lot proposed on the preliminary plat, the total square foot lot area in all proposed lots, and the resultant average square foot area per lot. The average square foot area per lot shall not be less than the minimum lot size and area as required in this Article or elsewhere in this ordinance for the district in which the subdivision is located.

E.

Exclusive Development Option. The modifications permitted under this subsection pertaining to average lot sizes shall not be applied in conjunction with the modifications permitted Section 138-138-5.201.

(Ord. No. 188, § 3, 12-14-2020)

The intent of this subsection is to permit one-family subdivisions to be planned as a comprehensive unit allowing, therefore, certain modifications to the standards as outlined in Section 138-5.100 to be made in the one-family residential districts. Development of a subdivision under these provisions shall be considered an option requiring the approval of the City Council, after recommendation of the Planning Commission, at or before tentative approval of the preliminary plat. The procedure and requirements for approval shall be as set forth in this section and as are provided for in Article III of Chapter 122 of the Code of Ordinances. The modifications to the standards may be made only when they shall comply with the following conditions:

A.

Sanitary Sewer Required. The open space plan technique shall be permitted only when public sewers are provided for the proposed subdivision.

B.

Lot Area Reduction. The lot area may be reduced up to 25 percent in the RE, R-1 and R-2 districts and up to 20 percent in the R-3 and R-4 districts, provided that the dwelling unit density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required for each one-family district under Section 138-138-5.100.

C.

Maximum Density. All calculations shall be predicated upon the one-family district having the following gross densities:

D.

Lot Width. In accomplishing the lot area reductions indicated in this subsection, lot widths shall not be less than the following:

The overall dimensions of each lot shall be sufficient to accommodate the proposed single-family dwelling unit and accessory buildings in addition to the minimum required yards as set forth in this subsection. Approval of a plat for the open space plan shall not permit a subsequent variance from the requirements of this section.

E.

Yard Requirements. Each lot shall have at least the following minimum yards:

*Rear yards may be reduced to not less than 30 feet when such lots border on land dedicated for park, recreation, and/or open space purposes as indicated in subsection G.2., of this section, provided that the width of such dedicated land shall not be less than 100 feet measured at the point at which it abuts the rear yard of such lot measured in a straight line not more than 20 degrees off of perpendicular to the rear lot line of such lot.

**Subdivisions in the R-3 and R-4 residential zoning districts receiving tentative approval of the preliminary plat under this section after January 23, 1980 shall be developed according to the requirements of R-3-OS if zoned R-3, and R-4-OS if zoned R-4, and shall be designated on the current zoning map as R-3-OS if zoned R-3, and R-4-OS if zoned R-4. Minimum yard setbacks and maximum percentage of lot coverage by all buildings requirements as set forth in this section for R-3-OS and R-4-OS shall apply.

F.

Lot Coverage. The maximum percentage of lot coverage by all buildings in the RE, R-1, R-2, R-3-OS and R-4-OS districts shall not exceed 25 percent.

G.

Open Space Requirements.

1.

Minimum Area. For each square foot of land gained under subsection B., of this section within a residential subdivision, through the reduction of the lot size below the minimum requirements as outlined in this section and Section 138-5.100, equal amounts of land shall be dedicated to the common use of the lot owners of the subdivision, and there shall be provisions ensuring adequate maintenance of areas. Dedication provisions and maintenance provisions shall be in a manner approved by the City. These dedications shall be retained as open space for park, recreation, and/or related uses.

2.

Use of Open Space. The common area shall be dedicated only for park and/or recreation purposes. Each subdivision shall have at least one common area of at least four acres in size and shall be in a location and shape approved by the City Council in the first phase of a multiphase subdivision. When a subdivision is developed in phases, the common area required to reduce the lot sizes in any particular phase shall be in the plat to be recorded or already dedicated in an earlier phase. The four-acre requirement shall be on a one-time requirement for a phased development. Such land areas shall not include as a part of their minimum land area bodies of water, swamps, or excessive grades making the land unusable for recreation, and shall be so graded and developed as to have natural drainage. Fifty percent of the required open area may, however, be in the floodplain. A separate plan shall be submitted and approved before tentative approval of the preliminary plat for proposed open space areas depicting natural preservation areas, retention and detention areas and active recreation spaces, including what they might be used for such as playground equipment, etc. Common areas shall be generally distributed throughout the subdivision and shall be easily accessible from all parts of the subdivision. Any area to be used as common area which will be used for water retention shall be designed so that it will not be needed or used for holding water for more than a temporary basis 24 hours immediately after a rainstorm.

3.

Open Space Layout. Where the area to be dedicated to the common use of the subdivision consists of more than one separate parcel, at least one of these separate parcels shall contain not less than four acres in area, provided that no single park area shall be less than one acre. A parcel divided by a river or stream shall be considered as one parcel.

4.

Access to Open Space. Access shall be provided to areas dedicated for the common use of the subdivision for those lots not bordering on such dedicated areas by means of streets or pedestrian accessways of at least 20 feet in width.

H.

Approval Criteria. In approving an open space development, the City Council shall review the application for compliance with the following goals and objectives:

1.

Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, lakes, floodplains, hills and similar natural assets.

2.

Encourage developers to use a more creative approach in the development of residential areas.

3.

Encourage a more efficient, aesthetic, and desirable use of open areas while recognizing a reduction in development cost, and by allowing the developer to bypass natural obstacles.

4.

Encourage the provision of open space in all parts of the subdivision, and within reasonable distance of all lot development of the subdivision, and to further encourage the development of recreational facilities and areas.

I.

Development Option. This plan for reduced lot sizes shall be permitted only if mutually agreeable to the City Council and the subdivider or developer. This open space technique is offered as an alternate to the requirements of minimum lot size specified in this subsection. The modifications permitted under this subsection shall not be applied in conjunction with the modifications permitted by Section 138-5.200 (average lot sizes).

J.

Open Space Dedication Required. Under this subdivision open space plan approach, the developer or subdivider shall dedicate the total park area as set forth in this subsection at the time of filing of the final plat on all or any portion of the plat.

A.

Exempt Structures. The height limitations of this ordinance shall not apply to farm buildings, chimneys, church spires, flagpoles, or public monuments; provided, however, that the City Council may specify a height limit for any such structure when such structure requires authorization as a conditional use or as a use not otherwise included within a specific use district. The City Council shall only give approval if the total height is not adverse to the character of the area; detrimental to the use and/or value of the surrounding properties; and not injurious to the health, safety, and welfare of the City. In addition, any height requirement, variance, or waiver in excess of 70 feet shall require mandatory approval of the Federal Aviation Administration.

B.

Municipal and school buildings with height greater than the maximum allowed in Section 138-5.100 (schedule of regulations) may be allowed, provided front, side and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.

C.

Mechanical Equipment Rooms. With Planning Commission approval, mechanical equipment rooms such as penthouses may be permitted to exceed the height limitation by up to 12 feet. The architectural features shall be approved by the Planning Commission, which shall also determine the increase in height is not incompatible or detrimental to surrounding properties or the character of the area.

(Ord. No. 183, § 13, 6-18-2018)

A.

Terraces. An open, unenclosed paved terrace may project into a front yard for a distance not exceeding ten feet, but this shall not be interpreted to include or permit fixed canopies.

B.

Projections into yards. Architectural features, not including vertical projections, may extend or project into a required side yard not more than four inches for each one foot of width of such side yard, and may extend or project into a required front yard or rear yard not more than three feet. Architectural features shall not include those details which are normally demountable from the structure such as gutters.

C.

Overhangs. Overhangs of 24 inches or less, not including the gutter, may encroach into a required yard. When the overhang exceeds 24 inches, not including the gutter, the overhang must comply with setback requirements and setback measurements shall be taken from the edge of the overhang to the property line.

No fence, wall, shrubbery, sign, or other obstruction to vision above a height of 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 at a distance along each line of 25 feet from their point of intersection, or within the triangular area formed at the intersection of any nonresidential driveway and a street right-of-way line at a distance along each line of 15 feet from the point of intersection between the driveway and the right-of-way. Canopy trees may be located in the corner clearance area provided that the first branch is a minimum of eight feet above grade level.

A.

Required yards. Attached accessory garages and other structures, and enclosed porches, patios, terraces and decks shall be deemed a part of such main building for the purpose of determining compliance with the yard requirements of this ordinance.

B.

Lot coverage. Attached and detached accessory garages and other structures, including open and enclosed porches, shall be deemed a part of such main building for the purpose of determining compliance with the lot coverage requirements of this ordinance.

C.

Buildable lot area, open space and recreation area calculations.

1.

Lakes, ponds, state or federally regulated wetlands, utility easements, public street rights-of-way and private road easements are excluded from area calculations for buildable lot area.

2.

No area which, for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard or front yard building setback required by this ordinance may be counted or calculated to satisfy any open space or recreation area requirement of this ordinance.

(Ord. No. 199, § 7, 3-17-2025)

No building permit shall be issued for any construction located on any lot or parcel of land in the City that does not abut an approved public or private street, or that does not meet the minimum lot width requirement along an approved public or private street. All access to public or private streets shall be hard surfaced with concrete or plant-mixed bituminous material, and shall meet the requirements of this ordinance and all other City ordinances.

A.

No person, firm or corporation shall alter an established surface drainage grade to the extent that normal surface drainage is materially obstructed.

B.

Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. The balance of yard spaces shall be graded and adequate drainage provided where necessary to deflect proper drainage of surface waters from the said premises toward appropriate drainage collection systems.

C.

When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the yard around the new building shall be graded in such a manner to prevent surface water from flowing onto the adjacent properties.

D.

Grading may be restricted by the Steep Slope regulations of this ordinance. Refer to Article 9, Chapter 2.

In calculating the area of a lot that adjoins a dedicated alley or lane, for the purpose of applying lot area requirements of this ordinance, one-half the width of such alley abutting the lot shall be considered as part of such lot.

When yard regulations cannot reasonably be complied with, as in the case of a planned development in the multiple-family district, or where their application cannot be determined on lots existing and of record on the effective date of this ordinance, and on lots of peculiar shape, topography, or due to architectural or site arrangement, such regulations may be modified or determined by the Zoning Board of Appeals by the granting of a variance.