The regulations in this chapter shall be subject to the interpretations and exceptions of this article.

(Ord. of 11-1-1967, § 16.1)

The provisions of this chapter 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.

(Ord. of 11-1-1967, § 16.2)

Limitations of this chapter shall not apply to farm buildings, chimneys, church spires, flagpoles or public monuments; provided, however, that the board of appeals may specify a height limit for any such structure when such a structure requires authorization as a use permitted on special approval or under section 110-575.

(Ord. of 11-1-1967, § 16.3; Ord. of 5-3-1983, § 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 chapter, one-half the width of such alley abutting the lot shall be considered as part of such lot.

(Ord. of 11-1-1967, § 16.4)

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 at the time this chapter became effective, and on lots of peculiar shape, topography, or due to architectural or site arrangement, such regulations may be modified or determined by the board of appeals.

(Ord. of 11-1-1967, § 16.5)

For the purpose of side yard regulations, a two-family, a terrace, a row house or a multidwelling shall be considered as one building occupying one lot.

(Ord. of 11-1-1967, § 16.6)

Am 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.

(Ord. of 11-1-1967, § 16.7)

Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard; and may extend or project into a required front yard of rear yard not more than three feet. Architectural features shall not include those details which are nominally demountable.

(Ord. of 11-1-1967, § 16.8)

There are two types of manufactured dwellings. The first is a premanufactured dwelling that is built under the Stille-DeRosett-Hale Single State of Michigan Construction Code and has a Michigan Certificate of Acceptability. It is constructed off the premises it is to be located on. The second type is also constructed off the premises, it is to be located on and carries a seal from HUD or another Federal Agency that set criteria for construction that differs from the Michigan certificate. These two types of units are as follows:

(a)

Premanufactured dwelling unit - comply with the same standards as site built dwelling and come with detailed plans and specifications documenting their conformance with Michigan Building Code requirements. They may be subjected to nondestructive inspections to determine if any damage has occurred in transit and if problems are detected the manufacturer will be required to make necessary modifications. Such units shall also comply with applicable construction regulations, zoning law and other local ordinances and when found to comply the local enforcing agency shall issue a building permit within the time specific in the Act.

(b)

Manufactured dwelling unit - The submission of any requests for manufactured dwelling units, as provided for in this chapter, shall be considered subject to the following conditions:

(1)

Such dwelling units and any accessory structures shall conform to all applicable codes and ordinances.

(2)

Such dwelling units shall be permanently attached to a perimeter foundation. In instances where the applicant elects to set the dwelling on piers or other acceptable foundations which are not at the perimeter of the dwelling, then a perimeter wall shall also be constructed. Any such perimeter wall shall be constructed of durable materials and shall also meet all local requirements with respect to materials, construction and necessary foundations below the frost line. Any such wall shall also provide an appearance which is compatible with the dwelling and other site-built homes in the area.

(3)

Such dwelling units shall be provided with exterior finish materials similar to the site-built homes in the area.

(4)

Such dwelling unit shall be provided with roof designs and roofing materials similar to the site-built homes in the area.

(5)

Such dwelling units shall be provided with an exterior building wall configuration which represents an average width-to-depth or depth-to-width ratio which does not exceed three to one, or is in reasonable conformity with the configuration of site-built homes in the area. Each such dwelling unit shall provide a minimum width and depth of at least 22 feet over 80 percent of any such width or depth dimension in the R-1 and R-2 districts and 18 feet over 80 percent of any such width or dimension in the R-T and R-M districts.

(6)

The dwelling unit shall contain storage capability in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever is less.

(7)

All portions of any hitches or other transporting devices which extend beyond the vertical plane formed by the outer sidewalls of the dwelling shall be removed to a point where they will be totally obscured by a perimeter foundation or finished exterior wall.

(c)

The building official shall first review any such proposed dwelling unit with respect to subsections (3), (4) and (5) of this section, shall not seek to discourage architectural variations, but shall seek to promote the reasonable compatibility of the character of dwelling units, thereby protecting the economic welfare and property value of surrounding residential uses and the city at large. In reviewing any such dwelling unit, the building official shall require any applicant to furnish such plans, elevations and similar documentation as the official deems necessary to permit a complete review and evaluation of the proposal. As used in this section, the phrase "site-built homes in the area" shall be construed to require comparison of the proposed manufactured dwelling unit to similar types of site-built dwellings within 300 feet of the boundaries of the parcel of property on which it is to be located, or if the area within 300 feet does not contain any site-built homes, then comparisons shall be made to the nearest 50 dwellings of similar type. The matter shall be submitted to the planning commission for determination and as to the need for a public hearing as provided for herein.

(d)

In the event the matter is presented to the planning commission and a public hearing is required, a public hearing shall be held on any such request in accordance with Public Act No. 207 of 1921 (MCL 125.584a). Any such public hearing shall be held by the planning commission within 60 days of submission of all necessary information. The applicant shall be responsible for submitting all necessary information, completing all necessary forms and paying the established costs of the public hearing.

(Ord. of 11-1-1967, § 16.9; Ord. of 5-3-1983, § 9; Ord. of 10-7-2003(3); Ord. No. 07-113, 9-4-2007)

Editor's note— Ord. No. 07-113, adopted Sept. 4, 2007 changed the title of § 110-839 from manufactured dwelling units to premanufactured and manufactured dwelling units.