For the purpose of this ordinance, driveways may cross a required front [yard] or be placed in the side yards so as to provide access to rear yards and/or accessory or attached structures. Driveways, sidewalks or other paved surfaces performing a similar access function shall not be considered a structure and shall be permitted in any required yard.

Essential services shall be permitted as authorized and regulated by law and other ordinances of the township, it being the intention hereof to exempt such essential services which primarily serve the Charter Township of Shelby from the application of this ordinance; provided, however, services or essential services that do not primarily serve the township are not authorized except as provided and in conformity with the provisions of this ordinance.

(Ord. No. 212.98, 4-7-2015)

No building shall be converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, stage lofts and screens, flagpoles, chimneys, smoke stacks, individual domestic radio and television aerials and wireless masts, water tanks, or similar structures, excluding light poles, may be erected above the limits herein prescribed. No such structure may be erected to exceed by more than 15 feet the height limits of the district in which it is located; nor shall such structure have a total area greater than ten percent of the roof area of the building; nor shall such structure be used for any residential purpose other than a use incidental to the main use of the building. Height limits for commercial/radio and television transmitting towers, cellular telephone towers, and other similar towers are regulated as per the requirements of section 12.40. Height restrictions for all buildings, structures and appurtenances erected beneath established aircraft approach lanes shall be determined by the zoning board of appeals after consultation with the appropriate aeronautical agency. The maximum allowable height for church steeples is specified in section 13.11 [13.13].

Any lot which was of record at the time of the adoption of this ordinance [September 19, 1997], that does not meet the requirements of this ordinance for lot width and depth and available space for yards, shall meet the provisions of section 14.11, nonconforming lots.

At-grade patios may be constructed within required side and rear yard setbacks, but not in a required yard facing upon a street. An at-grade patio shall mean any patio, deck or concrete slab which is constructed at the approved grade level or which is elevated to a height of not more than 18 inches above the approved grade level.

Unenclosed and/or uncovered access porches (i.e., one which is not roofed over) may project into a required front yard for a distance not exceeding eight feet. Patio and porches covered or partially covered by permanent construction shall not project into any required yard space. Covered access porches, steps or stairs may project into a required front yard for a distance not exceeding six feet. Handicapped access ramps may encroach into the required front yard setback.

Decks and raised patios may be allowed to project not more than 15 feet into the required rear yard setbacks or open space, provided that the following conditions are met:

1.

The deck or raised patio does not encroach into any easement.

2.

The deck or raised patio is not located facing any street, except when located in the rear yard of a double frontage lot.

3.

The deck or raised patio conforms with applicable side yard setback requirements.

4.

The deck or raised patio is located not less than ten feet from any detached accessory building.

5.

Any additional structure attached to the deck or raised patio, such as a gazebo, shall be located at least ten feet from the principal residential structure.

6.

The deck or raised patio and all other appurtenant facilities shall conform with any applicable codes and ordinances.

7.

Decks or raised patios may be allowed for attached multiple-family structures, subject to compliance with the following standards:

A.

The deck or raised patio may be allowed to encroach not more than 15 feet into the required perimeter yard setbacks.

B.

The deck or raised patio shall maintain a setback of at least 25 feet from another multiple-family structure or interior parking space or access drive.

(Ord. No. 212.5, § 9, 7-20-1999; Ord. No. 212.25, 5-7-2002; Amend. of 10-21-2008; Ord. No. 212.92, 5-20-2014)

Architectural features, such as but not limited to, window sills, cornices, eaves, bay windows (without floor space), roof overhangs, chimneys and other architectural features may encroach into any required yard setback by not more than two feet. This exception does not apply to projection of architectural features with a foundation underneath. Air conditioner units, on-site generators, swimming pool equipment and emergency access windows, may be located in a side yard setback provided that they observe a minimum setback of five feet to the side property line. Projections with floor space not exceeding 30 square feet may project into a required year yard not to exceed three feet.

(Ord. No. 212.5, § 10, 7-20-1999; Ord. No. 212.6, § 2, 11-2-1999; Amend. of 10-21-2008; Ord. No. 212.89, 9-4-2012; Ord. No. 212.92, 5-20-2014)

Privacy fences, hedges or screens in residential districts may be constructed on rear or side property lines. Privacy fences, hedges or screens on lakefront lots shall be confined to the building envelope for the principal dwelling unit, as determined by required side and rear yard setbacks. In no case shall such fence or screening be constructed without a permit, as required in the Shelby Township Fence Ordinance of the Charter Township of Shelby Code of Ordinances.

Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building director or fire department, or required to comply with his determination, provided that the restoration is not contrary to article 14 of this ordinance.

1.

Front yard setback exception. In any case where the majority of sites in any block have already been developed and structures are erected thereon prior to the effective date of this ordinance [October 19, 1997], any new structures shall be set back from the front site line in accordance with the building line established by such development; provided, however, this provision shall not be construed to require a front setback in excess of 40 feet; and provided, further, this shall not be construed or interpreted to affect any requirements established by this ordinance for minimum site size of any corner site facing an intersecting street.

2.

Rear and side yard setback exception. On all sites which were developed with a structure and the legal descriptions recorded in the Macomb County Register of Deeds Office prior to the effective date of this ordinance [October 19, 1997] which do not meet the minimum requirements of this ordinance as to width shall be reduced respectively as follows:

A.

If the site is both less in width and less in site area than the required minimums, the side setback shall be reduced at the rate of four inches per each foot that the site is below the stated minimum width, but there shall be not less than a three foot side yard on one side, and not less than 11 feet for both side yards, and, no building shall be placed closer than ten feet to an existing building on an adjoining site. The rear yard shall be reduced at the same rate but not to less than 20 feet.

B.

If the site is less in width but not less in area than the stated minimums, the side yard shall be reduced at the rate provided in A. above, but there shall be no rear yard change.

C.

The above provisions do not apply to corner sites.

The provisions of this ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.