Scope. The following regulations regarding lot sizes, yards, setbacks, building heights, and densities apply within the zoning districts as indicated, including the regulations contained in section 1301, footnotes. No building shall be erected, nor shall an existing building be altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner, except in conformity with the regulations hereby established for the district in which such building is located. No portion of a lot used in complying with the provisions of this ordinance for yards, courts, lot area occupancy, in connection with an existing or projected building or structure, shall again be used to qualify or justify any other building or structure existing or intended to exist at the same time.

(Ord. of 11-14-2006)

(a)

See section 1302, single-family cluster option, and section 1303, zero lot line developments regarding flexibility allowances.

(b)

In the case of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required. In the R-1A and R-1B districts, "when buildings having the same setback have been constructed on the majority of parcels on the same block frontage at the time of the adoption of this ordinance, the required setback line shall be that line established by existing buildings. In the instance where variable setbacks are present for existing buildings, a setback of 25 feet shall be required."

(c)

In the district, front, side, or rear yards need not refer to spacing between buildings for the planned development of two or more buildings on the same parcel. In such cases, the minimum distance between any two buildings shall be regulated according to the length and height of such buildings and in no instance be less than 30 feet.

The formula for regulating the required minimum distance between two buildings is as follows:

S = LA + LB + 2 (HA + HB) / 6

where;

(d)

In the district, the total number of rooms (not including kitchen, dining, and sanitary facilities) shall not be more than the net area of the parcel, in square feet, (excluding public rights-of-way), divided by 1,200.

(e)

For the purpose of computing the permitted number of dwelling units per acre, the following room assignments shall control:

Efficiency equals two rooms

One bedroom equals three rooms

Two bedroom equals four rooms

Three bedroom equals five rooms

Four bedroom equals six rooms

Plans presented showing a den, library, or other extra room shall count such extra room as a bedroom for the purpose of computing density.

(f)

The minimum lot area and width, and the maximum percentage of coverage shall be determined on the basis of yard setbacks, screening, and off-street parking and loading areas as provided for the various use districts.

(g)

Off-street parking shall be permitted to occupy a portion of the required front yard provided that there shall be maintained a minimum unobstructed landscaped greenbelt buffer in accordance with section 1222 of ten feet between the nearest point of the off-street parking area, exclusive of access driveways, and the front lot line.

(h)

No side yards are required along the interior side lot lines of the district, except as otherwise specified in the building code provided that if walls of structures facing such interior side lot lines contain windows, or other openings, side yards of not less than ten feet shall be provided.

(i)

Where a lot zoned C-1, central business district, abuts a residential district not separated by a street, the following minimum yard setbacks shall be provided along the property line(s) abutting a residential district: side yard ten feet, rear yard 20 feet.

(j)

Off-street parking shall be permitted in a required side yard setback, however, in no instance shall less than a five-foot setback be provided between the nearest point of the parking area or drive, and the side lot line.

(k)

Off-street parking for visitors, over and above the number of spaces required by section 1206 may be permitted within the required front yard provided that such off-street parking is not located within 20 feet of the front lot line and provided further that there shall be maintained a minimum unobstructed greenbelt buffer of ten feet between the nearest point of the visitor parking area, exclusive of access driveways, and the front lot line.

(l)

The planning commission may recommend to waive the number of stories from 2.0 to not exceed 4.0 and building height in feet from 20 to not exceed 45 subject to the review and approval of a conditional use approval pursuant to the requirements found in section 1802 of this ordinance.

(Ord. of 11-14-2006)

1.

The intent of this section is to permit the development of single-family residential patterns which, through design innovation, will introduce flexibility so as to provide for a more appropriate development in situations where the normal subdivision approach would otherwise be restrictive owing to the presence of environmentally sensitive lands on the site, or the configuration of the site.

2.

The planning commission may approve the clustering and/or attaching of single-family dwelling units on parcels of land three acres or more in size, under single ownership and control. In approving an area for the cluster housing option, the planning commission shall find at least one of the following to exist:

a.

The parcel to be developed has frontage on a major or secondary thoroughfare and is generally parallel to said thoroughfare and is of shallow depth as measured from the thoroughfare.

b.

The parcel has frontage on a major or secondary thoroughfare and is of a narrow width as measured along the thoroughfare which makes platting difficult.

c.

The parcel is shaped in such a way that it contains acute angles which would make a normal subdivision difficult to achieve and has frontage on a major or secondary thoroughfare.

d.

A substantial part of the parcel's perimeter is bordered by a major thoroughfare which would result in a substantial proportion of the lots of the development abutting the major thoroughfare.

e.

The parcel contains a floodplain or poor soil conditions which result in a substantial portion of the total area of the parcel being unbuildable. Soil test borings, floodplain maps or other documented evidence must be submitted to the planning commission in order to substantiate the parcel's qualification for cluster development under this subsection.

f.

The parcel contains natural assets which could be preserved through the use of cluster development. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, unusual topographic features, or other natural assets which, in the opinion of the planning commission, should be preserved. Requests for qualification under these conditions must be supported by documented evidence which indicates that the natural assets would qualify the parcel under this option.

The planning commission may, at its discretion, convene a public hearing held in accordance with Section 4a of Public Act 207 of 1921, as amended (MCL 125.584a), as part of its review, study, and approval of an area for the cluster housing option.

3.

In areas meeting the above criteria, the minimum yard setbacks, heights, and minimum lot sizes per unit as required by the section 1300, may be waived and the attaching of dwelling units may be accomplished subject to the following:

a.

The minimum floor area for all units constructed under this option shall be at least equal to the minimum floor area requirements for the single-family residential district in which the cluster is to be constructed.

b.

The attaching of single-family dwelling units, one to another, may be permitted when said homes are attached by means of one or more of the following:

(1)

Through a common party wall which does not have over 50 percent of its area in common with an abutting dwelling wall.

(2)

By means of an architectural wall detail which does not form interior room space.

(3)

Through a common party wall in only the garage portion of an abutting structure.

c.

The maximum number of units attached in the above described manner shall not exceed four.

d.

In a single-family cluster housing development, the dwelling unit density shall be no greater than if the total land area (inclusive of buildable and unbuildable areas) were to be developed in the minimum square foot lot areas as required for each single-family district under the section 1300.

4.

Yard requirements shall be provided as follows:

a.

Spacing between any grouping of four or less one-family units and another grouping of such structures shall be equal to at least 16 feet, measured between the nearest point of the two groupings. A grouping may include a single, freestanding unit.

b.

All such groupings shall be so situated as to have one side of the building abutting onto a common open space.

c.

Any side of a building adjacent to a private service drive or private lane shall not be nearer to said drive or lane than 20 feet.

d.

This nature of development, when abutting a front yard of an existing recorded subdivision which is not a part of the site plan submitted under this section, shall cause all dwelling units facing such subdivision to relate through its front or entrance facade and shall treat said side of the grouping as a front yard.

e.

No building shall be located closer than 30 feet to the outer perimeter (property line) of the site.

5.

The maximum height of buildings shall be 30 feet.

6.

In reviewing the plans and approving the application of this section to a particular site, the planning commission shall require the following:

a.

A landscaped berm, at least three feet high, shall be provided along the entire property line abutting the major thoroughfare. This berm may be included within a required side or rear yard. The planning commission shall find that the slopes on said berms are gentle enough so as not to erode when planted in grass; and they shall review the design of the berm as it relates to street intersections, finding that the horizontal view of oncoming traffic is not obscured.

7.

In submitting a proposed layout under this section, the sponsor of the development shall include, along with the site plan, typical building elevations and floor plans, topography drawn at two foot contour intervals, main floor grade elevations relative to the existing topography, all computation relative to acreage and density, details relative to the proposed berm, and any other details which will assist in reviewing the proposed plan.

8.

Site plans submitted under this option shall be accompanied by information regarding the following:

a.

The proposed manner of holding title to open land.

b.

The proposed method of regulating the use of open land.

c.

The proposed method of maintenance of property and financing thereof.

9.

All land not intended to be conveyed to individual dwelling unit owners shall be set aside for the use of all occupants of the development. All such lands shall be protected by restrictions or covenants running with the land and must be approved by the city attorney to ensure the following:

a.

That title to the open space is held in common by the owners of all dwelling units in the detached single-family cluster development.

b.

A permanent organization for maintenance and management of all such areas shall be ensured by legal documents prior to the issuance of the building permit.

10.

The construction of a cluster housing development shall be subject to the engineering design standards of the City of Utica, as may be amended, except as may otherwise be provided by this ordinance.

1.

The intent of the zero lot line concept is to:

a.

Promote the more efficient use of land, as compared to traditional single-family development, thereby making housing more affordable to a segment of the community.

b.

Design dwellings that integrate and relate internal and external living areas resulting in more pleasant and enjoyable living facilities.

c.

Permitting the outdoor space to be grouped and utilized to its maximum benefit by placing the dwelling unit against one of the property lines.

2.

A zero lot line development is restricted for one-family developments only in the R-1A and R-1B districts, if approved after a public hearing held before the planning commission in accordance with Section 4a of Public Act 207 of 1921, as amended (MCL 125.584a).

3.

The planning commission may approve an application for a zero lot line development which complies with the following development parameters:

a.

Uses permitted are restricted to detached one-family dwellings on individually platted lots, including every accessory use customarily incidental therewith.

b.

The minimum lot area shall be 4,000 square feet. The minimum lot width required shall be 40 feet.

c.

Each dwelling unit shall only be placed on one interior side property line with a zero setback as to abut the adjoining unit, and the dwelling unit setback on the other interior side property line shall be a minimum of 12 feet. Patios, fences, walks, trellis, garden features, and similar elements shall be permitted within the setback area provided, however, no structure, with the exception of fences and walks, shall be placed within required easements.

A minimum 25 foot front yard and 25 foot rear yard setback shall be provided. The minimum side yard setback on the street side of a corner lot, or adjacent to any nonresidential district, shall be 20 feet.

d.

The total lot coverage permitted for all buildings on the site shall not exceed 30 percent of the lot area.

e.

Every part of a required setback shall be maintained as an open space, with no principal or accessory structure occupying any portion, except that overhead projections from the building face (such as soffits) and projection of architectural features (such as bay windows or awnings) may project not more than three feet into such space.

f.

The maximum building height shall not exceed two stories and 25 feet in height.

g.

The wall of the dwellings located on the zero lot line shall have no windows, doors, air conditioning units, or any other type of openings, provided, however, that atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit and a solid wall of at least eight feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit.

h.

A minimum of two off-street parking spaces, excluding the private garage or carport, shall be required for each dwelling unit.

i.

All dwellings constructed on a zero lot line must be provided with a firewall as set forth by local ordinance.