Except as hereinafter provided, the regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.

60.1

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the regulations specified herein for the districts in which it is located.

60.2

No building or other structure shall hereafter be erected or altered:

A.

To exceed the height;

B.

To accommodate or house a greater number of families;

C.

To have a narrower or smaller front yards, side yards, rear yards, or other open spaces;

D.

To occupy a greater percentage of lot area than permitted herein or in any other manner contrary to this ordinance.

60.3

No part of a yard or other open space required about or in connection with any building for the purpose of complying with this ordinance shall be included as a part of a yard or other space similarly required for any other building or use.

60.4

No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

60.5

No accessory structure on a corner lot shall extend beyond the side building line of the principle building. All accessory structures shall be located in side or rear yards. Structures located within five feet of the principal building shall be considered part of the principal building for setback calculations. The total size of the accessory structure shall not occupy more than 30 percent of the required rear yard. ^[65]

60.6

Every principal building hereafter erected or moved shall be located on a separate lot and in no case shall there be more than one principal building and permitted accessory buildings on the lot except as a planned unit development.

60.7

Every building hereafter erected or moved shall be on a lot adjacent to a dedicated street right-of-way, and all structures shall be so located as to provide safe and convenient access for servicing, fire protection and required off-street parking.

TABLE OF AREA, YARD AND HEIGHT REGULATIONS^[66]

NOTES TO SECTION 61

Note 1

Planned Unit Development: In the case of two (2) or more principal buildings to be construed on a plot of at least two (2) acres not subdivided into customary streets and lots, the application of the terms of this ordinance may be varied by the Board of Adjustment by the issuance of a Special Use Permit in a manner that will be in harmony with the characteristics of the neighborhood. In no case shall the Board of Adjustment authorize a use prohibited in the district in which the development is to be located.

Note 2

Lot of Record: Where the owner of one (1) or more lots of record in any district at the time of the adoption of this ordinance does not own sufficient land to allow him to conform to minimum lot size requirements, such lots may be used as building sites, provided that the other requirements of the district are complied with and a variance is obtained from the Board of Adjustment.

Note 3

Front Yard Setbacks for Dwellings: The front yard setback requirements of this ordinance shall not apply to any lot where the average setback of existing dwellings located within 100 feet on either side of the dwelling and on the same side of the block, is less than the minimum required front yard depth. In such cases, the setback on such lots may not be less than the average of the existing setbacks, but not less than ten (10) feet from the street right-of-way line.

Note 4

Corner Lots: In any residential district, the side yard requirements for corner lots along the side street right-of-way line shall have an extra width of ten (10) feet.

Note 5

Exemptions to Height Regulations:

5.A.

Nothing in this ordinance shall be construed as prohibiting the construction or maintenance of any structure to a height up to 35 feet above the surface of the land.

5.B.

Except in the Airport District, the height limitations contained in the Schedule of District Regulations do not apply to spires, belfries, antennas, water tanks, fire towers, chimneys or roof structures for the housing of elevators, stairways or air conditioning apparatus.

Note 6

Deleted June 3, 2008.

Note 7 ^[82]

The Wayne County Planning Board may reduce lot sizes shown in the above table upon approval of a cluster subdivision.