Essential services shall be permitted as authorized
and regulated by law and other ordinance Code provisions of the Township,
it being the intention hereof to exempt such essential services from
the application of this chapter.
For the purposes of this chapter, railroad rights-of-way
shall be permitted as authorized and regulated by state and federal
laws, it being the intention of this section to exempt railroad rights-of-way
from the application of this chapter.
A.
Buildings and structures must comply. Buildings and
structures intended to be erected or constructed within the railroad
rights-of-way shall comply with the use, area and height regulations
of the district in which it is located.
B.
Spur tracks within I Districts. Spur tracks shall
be extended from railroad rights-of-way to adjacent industrial districts
only when they are totally within industrial districts.
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.
The height limitations of this chapter shall
not apply to farm buildings, chimneys, church spires or bell towers,
flagpoles, public monuments or wireless transmission towers; provided,
however, that the Board of Appeals may specify a height limit for
any such structure when such structure exceeds the height limit of
the district.
In calculating the area of a lot that adjoins
an alley or lane, for the purpose of applying lot area requirements
of this chapter, 1/2 the width of such alley abutting the lot shall
be considered as part of such lot.
When yard regulations cannot reasonably be complied
with or where their application cannot be determined 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.
A.
Multiple dwelling side yards. For the purpose of side yard regulations, a multiple dwelling shall be considered as one building occupying one lot. When more than one structure is involved on one zoning lot, the above requirement shall not negate the formula contained in Article 16, Schedule of Regulations, pertaining to the distance spacing for multiple dwellings.
B.
Attached porch, deck, patio, or terraces (in residential districts).
[Amended 11-2-2015 by Ord. No. 314]
(1)
Projection into required front or rear yard. An uncovered, unenclosed
deck, porch, patio or paved terrace may project into a required front
yard for a distance not exceeding 10 feet, or may project into a required
rear yard for a distance not exceeding 20 feet, but not to exceed
a distance equal to 60% of the depth of the rear yard; provided, however,
that this shall not be interpreted to include or permit fixed canopies
in a required front or rear yard.
(2)
Height. An uncovered, unenclosed deck, porch, patio or paved terrace
projecting into a required front or rear yard shall not be more than
two feet in height except for open, unenclosed railings not to exceed
three feet in height above the floor of the deck, porch, patio or
paved terrace. Height shall be measured from the average grade along
the adjacent building face.
(3)
Rear yard utilization. A deck, porch, patio or paved terrace, together
with all other accessory buildings and structures, shall not occupy
more than 40% of the horizontal area of the rear yard.
C.
Architectural features. 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 or
rear yard not more than three feet.
D.
Access drives. For the purpose of this chapter, access
drives may be placed in the required front or side yards so as to
provide access to rear yards and/or accessory or attached structures.
These drives shall not be considered as structural violations in front
and side yards.
E.
Walks, terraces, or like pavement. Any walk, terrace
or other pavement servicing a like function, and not in excess of
nine inches above the grade upon which placed, shall for the purpose
of this chapter not be considered to be a structure, and shall be
permitted in any required yard.
A.
Intent. The intent of this section is that yards adjacent
to the water shall be as open and unobstructed as reasonably practical.
B.
Accessory buildings or structures.
(1)
Permitted in front yard. Accessory structures, including motor homes, shall be permitted between the abutting road right-of-way and the main building, provided that the minimum front yard setback requirement in Article 16, Schedule of Regulations, of this chapter is met and that motor homes are subject to the requirements of § 480-61K.
[Amended 3-6-2006 by Ord. No. 289; 12-20-2010 by Ord. No.
305]
(2)
Setbacks from the water’s edge. To this end,
accessory buildings or structures, including boat docks, shall provide
the following setbacks from the water’s edge as defined by the
ordinary high-water mark:
(a)
Footnote(s) of Article 16, Schedule of Regulations, shall apply along the St. Clair River.
(b)
The setback shall be not less than 30 feet along
the Belle and Pine Rivers.
(c)
The setback shall be not less than 15 feet along
canals.
(d)
The Zoning Board of Appeals may permit the placement
of an open, uncovered and unenclosed boat dock within the above setback
if such placement would be compatible with similar facilities in the
area and would not present an unreasonable obstruction to visibility
with respect to safe boat movement or to views of the water from neighboring
lots.
C.
Boat docks and/or boat hoists. Boat docks and/or boat
hoists are permitted below the ordinary high-water mark (i.e., in
the water), subject to the following conditions:
(1)
Roof. Boat docks may be covered by a roof, provided
that the height of the roof does not exceed 12 feet above water level
at the time of construction. If the roof is not flat, the pitch of
the roof shall not exceed three in 12, unless the peak of the roof
is below the height limit.
(2)
Viewing platform and railing. The roof over a boat
dock or boat hoist may be used as an open, uncovered viewing platform.
In no instance shall the surface of such platform be more than 15
feet above water level at the time of construction. The platform may
be enclosed by a railing or fence for safety purposes, provided that
any such railing or fence shall not obscure vision to an extent greater
than 20% of the overall surface of said screening device. The height
of any such screen shall not exceed 42 inches above the height limit.
Such structures shall not be constructed of cyclone-type fencing.
(3)
Placement. The placement of any boat docks or boat
hoists shall not conflict with normal boat movements and shall also
be subject to applicable Department of Environmental Quality and/or
Corps of Engineers’ requirements. Should any such requirements
conflict, the more restrictive requirements shall apply.
D.
Exceptions allowed. The following exceptions shall
be allowed:
(1)
Chain link fences. Chain link fences not exceeding
six feet in height shall be permitted between the river’s edge
and the principal building on the side lot line of any lot or parcel
with river frontage, where such side street provides public access
to the river. “Side lot line” is defined in Article II,
Construction of Language and Definitions, of this chapter.
[Amended 4-19-2004 by Ord. No. 285]
(2)
Screening shrubbery or hedges. Screening shrubbery
or hedges not exceeding six feet in height shall be permitted between
the river’s edge and the principal building on the side street
lot line of any lot or parcel with river frontage, where such side
street provides public access to the river. “Side lot line”
is defined in Article II, Construction of Language and Definitions,
of this chapter.
[Amended 4-19-2004 by Ord. No. 285]
(3)
Fences, planting, and berms excluded. Fences, hedges,
shrubbery, bushes and berms shall not be subject to any of the terms,
conditions, or provisions of this chapter if they have a height of
two feet or less above grade.
E.
An open, unenclosed, and uncovered porch, deck, or
paved terrace may project into a required yard having river or canal
frontage for a distance not exceeding 12 feet, but this shall not
be interpreted to include or permit fixed canopies in a required yard.
Such structures shall not exceed two feet in height, except for railings
required to meet code requirements, not to exceed three feet in height
above the floor of the porch, deck, or terrace. Height shall be measured
from the average grade along the building face opposite and generally
parallel to the river or canal frontage.
[Amended 10-20-2003 by Ord. No. 280; 11-2-2015 by Ord. No. 314]
For the purposes of this chapter, children’s play equipment such as swing sets, climbing structures and the like shall not be subject to the requirements of § 480-61, Accessory buildings and structures. Children’s playhouses shall be permitted subject to the following conditions:
