[Comp. Ords. 1995, § 15.141; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
On any corner lot in any district no fence, accessory structure,
plant, shrub or similar object over three feet in height shall hereafter
be placed, erected, planted or allowed to grow in the area bounded
by the street lines of such corner lot and a line joining points along
the street lines for a distance of 20 feet from the point of the intersection
(see example illustration following this section).
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[Comp. Ords. 1995, § 15.142; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 138, § 15.142, 2-7-2005; Ord. No. 146, § 5, 3-5-2007]
(a)
In no case will it be permitted to erect a garage or other accessory building in any required front yard unless it is attached to and a part of the dwelling and in conformance with the setback requirements of § 34-214. All garages and other accessory buildings attached to the dwelling shall be considered a part of the dwelling in determining yard requirements.
(b)
All detached accessory buildings shall be located no closer than
five feet from any lot line and 10 feet from any primary building.
Accessory buildings containing 150 square feet or more shall require
a building permit and footings and can be no higher than an existing
primary structure or 20 feet, whichever is less, and can be no greater
in floor area than the primary structure. Exterior of an accessory
building over 150 square feet must be of the same material as the
house. Accessory buildings less than 150 square feet do not require
footings or a building permit; however, can be no greater in height
than 12 feet.
(c)
An accessory building may be erected in any zoning district but only
as accessory to an existing principal building or structure (which
includes being built simultaneously with the construction of a primary
building but not before the primary building is constructed). All
uses for accessory buildings shall be accessory to the use of the
primary building and shall not be used for the operation of a home
occupation, or business or include residential or living quarters
for human habitation.
[Comp. Ords. 1995, § 15.143; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Every single-family, two-family and multiple dwelling structure shall
be located upon a lot of record, being a premises or parcel of real
estate the description of the boundaries of which is on record at
the office of the county register of deeds, and no more than one such
structure shall be erected upon a lot of record.
(b)
The creation of a lot of record as described in Subsection (a) of this section on a premises or parcel of land by the proprietor thereof, or by his heirs, executors, Administrators, legal representatives, successors or assigns, where the act of creating a lot of record creates five or more lots of record each of which is 10 acres or less in area are created, or created by successive acts, within a period of 10 years shall be deemed subdividing as defined by Act 288, Public Acts of 1967, being the land division act of the state, even in the event said lots of record are retained under common ownership, and said lots of record shall be surveyed and a plat thereof submitted, approved and recorded as required by said Act 288, Public Acts of 1967.
[Comp. Ords. 1995, § 15.144; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Every division of a lot in a recorded subdivision within the Village
shall be subject to the provisions of this section.
(b)
The owner seeking approval to divide a lot shall file an application
in affidavit form with the Village Clerk, which shall set forth the
reasons for the proposed division and shall be accompanied by an illustrative
sketch or drawing, showing original and resulting dimensions.
(c)
Where the application states that the purpose is to add to adjoining
existing building sites and not to create separate building sites,
the Village Council may approve the application when it is satisfied
no building permit is necessary. Where a separate building site is
being created by division of a lot in a recorded plat, no building
permit shall be issued, or any building construction commenced, until
the suitability of land for safe installation of a septic tank and
individual well has been approved by the county health department.
(d)
No lot in a recorded plat shall be divided into more than four parts
and resulting building lots shall not be less in area than permitted
by this chapter.
[Comp. Ords. 1995, § 15.145; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
The height limitations contained in § 34-214 do not apply to spires, belfries, cupolas, antennas, water tanks, silos, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
[Comp. Ords. 1995, § 15.146; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Every building erected or moved shall be on a lot adjacent to
the public street, and all structures shall be so located on the lot
as to provide safe and convenient access for servicing, fire protection
and required off-street parking.
[Comp. Ords. 1995, § 15.147; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
The keeping of customary household pets such as cats, dogs,
household fish and household birds is expressly permitted in any zoning
district; however, the keeping of any other animals or poultry shall
not be permitted.
[Comp. Ords. 1995, § 15.148; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Auction houses and individual rummage sales may be operated
and conducted only after presentation to the Zoning Board of Appeals
of an application therefor and after such use has been approved by
the Zoning Board of Appeals. Churches and nonprofit organizations
shall be exempt from the provisions of this section when the operation
is confined to the property owned by such organizations. Provided
further, private auction or rummage sales may be conducted for no
longer than one week in any one year without prior approval of the
Zoning Board of Appeals.
[Comp. Ords. 1995, § 15.149; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
It shall be unlawful for any person to install, place or maintain
a belowground swimming pool upon any lot or parcel of land in the
Village without first securing a certificate of approval therefor
from the Village building inspector.
(b)
In granting such certificates the building inspector shall consider,
among other things, the availability of water and adequate drainage.
No certificates for such use shall be granted unless the plans provide
for the construction of a suitable fence or enclosure around the pool
of at least four feet in height with a gate that may be locked. The
construction of the fence or enclosure shall be a prerequisite to
the use of any such swimming pool. The purpose of this provision is
to provide for the safety and protection of small children.
(c)
The location of a swimming pool on any lot or parcel of land must
comply with the yard requirements of the respective district in which
it is situated.
(d)
After determination by the building inspector that all applicable
requirements of this chapter and the state construction code, including
provisions regarding plans and permits, have been met, the building
inspector may issue the necessary permit for the construction, installation,
enlargement or alteration of a swimming pool.
[Comp. Ords. 1995, § 15.150; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
No building, mobile home, garage, cellar, basement or other structure
which does not conform to the provisions of this chapter relative
to permanent dwellings shall be erected, altered or moved upon any
premises and used for dwelling purposes except under the following
applicable limitations:
(1)
Temporary use of a building, mobile home, garage, cellar, basement
or other structure shall be for the sole purpose of providing dwelling
facilities for the owner of the premises during the period which a
permanent dwelling conforming to the provisions of this chapter is
in process of erection and completion; provided, however, such period
shall not exceed 12 consecutive months beginning with the date of
issuance of the permit.
(2)
Use of any building, mobile home, garage, basement or other
structure for temporary occupancy shall not be adverse to health,
safety or the public welfare.
(3)
The location of each such building, garage, cellar, basement
or other structure shall conform to the regulations governing the
yard requirements for dwellings, or similar conformable structures
in the district in which it is situated.
(4)
Mobile homes used as temporary housing under this section shall have septic tank, proper drainage and be connected to a pressure water system. Each mobile home shall have front and side yards conforming with § 34-214. A permit under this section may be revoked if construction of the permanent dwelling is not commenced within 30 days after issuance of a temporary permit.
(5)
In the case of recreational vehicles providing temporary housing
of guests or visitors on the premises, such use shall be permitted
for a period of time not to exceed 30 days in any 12 consecutive month
period, provided the occupants of the recreational vehicle shall have
unrestricted use of the sewage disposal and water supply facilities
of the principal dwelling.
(6)
Application for the erection, movement, alteration and use of
such building, mobile home, garage, basement or other structure intended
for temporary occupancy shall be made to the Village building inspector
on an appropriate form signed by the applicant which shall indicate
the applicant has read, understands and agrees to abide by all applicable
provisions of this chapter and that failure to abide by such applicable
provisions constitutes a violation of this chapter.
[Comp. Ords. 1995, § 15.201; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Home occupations shall be allowed in principal or accessory uses
of single-family dwellings only by Village Council special land use
permit in conformance with the following regulations:
(1)
No person other than members of the family residing on the premises
shall be engaged in such occupation.
(2)
The use of the dwelling unit or accessory use for the home occupation
shall be clearly incidental and subordinate to its use for residential
purpose by its occupants, and not more than 25% of the floor area
of the dwelling unit shall be used in the conduct of the home occupation.
(3)
There shall be no change in the outside appearance of the building
or premises or other visible evidence of the conduct of such home
occupation other than one sign, not exceeding one square foot in area,
nonilluminated, and mounted flat against the wall of the principal
building.
(4)
No traffic shall be generated by such home occupation in greater
volumes than would be normally expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall be met off the street and other than in a required front yard.
(5)
No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors or electrical
interference detectable to the normal senses off the lot. In the case
of electrical interference, no equipment or process shall be used
which creates visual or audible interference in any radio or television
receivers off the premises or causes fluctuations in line voltage
off the premises.
[Ord. No. 172, 3-7-2011]
Prior to the issuance of a building permit in the C-1 Commercial
Zoning District for any new construction or for the remodeling of
any existing building or structure that will involve the front exterior
facade facing First Street or other public viewable exterior surface
in any way, the Zoning Administrator shall refer the application,
including a site and a facade plan prepared pursuant to the provisions
of §§ 34-149 — 34-152 of this chapter, to
the Downtown Development Authority to determine compliance with the
current and future published design and color standards or other appearance
standards or guidelines established by the Downtown Development Authority.
The Downtown Development Authority shall notify the applicant concerning
any features and colors inconsistent with the Downtown Development
Authority and Village Council approved standards. Any proposed new
construction or remodeling of any existing buildings found to be inconsistent
with the standards or guidelines for the district by the Downtown
Development Authority shall be disqualified for any incentive offered
by the Village Council or Downtown Development Authority.
[Ord. No. 178, 7-2-2012]
After the effective date of this section, a sidewalk/rights-of-way
use permit issued by the Village building inspector/Code Enforcement
Officer shall be required prior to the temporary or permanent placement
or installation of any sign, announcement/information board, street
furniture, trash receptacle, seating device, chair, bench, bicycle
rack, landscape/flower pot/container, art work, merchandise vending
machine, merchandise display, etc. on Village sidewalks or rights-of-way
for any property abutting First Street having the C-1 or C-2 commercial
zoning district classification.
Application for a sidewalk/rights-of-way use permit shall be
filed with the Village Clerk with any application fees who shall forward
the application to the chair of the Downtown Development Authority
for review and approval, approval with conditions or denial by action
of the Downtown Development Authority in accordance with appearance
standards or guidelines established by the Downtown Development Authority
and approved by the Village Council.
Upon action by the Downtown Development Authority, the application
shall be forwarded to the Village building inspector/code enforcement
office for issuance or in the case of denial issuance of a notice
of denial which shall include an explanation of the reason for the
denial.
Any decision of the Downtown Development Authority shall be considered an administrative decision and appealable to the Zoning Board of Appeals in accord with § 34-61 of this chapter. The terms of any permit issued under this section shall contain the applicant's consent authorizing immediate removal by the Village of any violation of the terms of the issued permit. Any applicant in violation of the terms of a permit shall immediately be disqualified for any incentive offered by the Village Council or Downtown Development Authority.
[Ord. No. 178, 7-2-2012]
(a)
After the effective date of this section, above ground utility poles
and utility lines/wires typically used for electrical, telephone,
T-V/internet cable and similar services is prohibited within the First
Street rights-of-way for any property abutting First Street located
within the C-1 or C-2 commercial zoning district to:
(1)
To improve visual quality of the downtown commercial business
district by preventing visual blight and clutter created by above
ground utility lines;
(2)
To prevent the installation of utility poles that would be a
physical inconvenience to the motoring or pedestrian public and pose
possible safety hazards due to their location on, or near, sidewalks
or intersections;
(3)
To implement the objectives the Baroda Streetscape Improvement
Program with regard to the burial of utility lines where feasible
to advance the Downtown Development Authority goals for enhancement
of visual and historic resources of the downtown business district.
(b)
The Zoning Board of Appeals may grant a variance from the strict
terms of this section, upon finding by a professional electrical engineer
and the utility service provider that underground service or service
supply via another route is not physically or economically feasible.
[Ord. No. 179, 7-2-2012]
No temporary structure or structure constructed of aluminum,
metal, plastic, wood or other manmade or natural materials may be
affixed to the ground or any other foundation to be used as a car
canopy or vehicle parking garage within residential zoning district.
A portable car canopy or portable carport is defined as a prefabricated
canopy which may have walls and is usually constructed of plastic,
fabric, or lightweight aluminum. These structures are prohibited regardless
of the manner they are affixed (or not affixed) to the ground and
regardless of what they are storing.
[Ord. No. 179, 7-2-2012]
Temporary storage structures are permitted in the rear yard
of a property located in the commercial or industrial zoning district
upon issuance of a building permit by the building inspector/Zoning
Administrator when used in conjunction with a principal permitted
use upon a zoning lot of record, constructed of aluminum, metal, plastic,
wood or other manmade or natural materials usually constructed without
the use of a state construction code approved footer and foundation.
Because these structures are not constructed on a state construction
code approved foundation, for the terms of this section they are considered
temporary structures and may be used solely for storage for any purpose
or as a car canopy or vehicle parking garage.
Permits issued for temporary storage structures upon any property
having a commercial zoning district designation abutting First Street
between Lemon Creek Road and South Street (being the alleyway for
which the Village Downtown Development Authority contemplates conversion
of the alleyway into a land/streetscape vehicle/pedestrian walkway)
shall state the permit is temporary in nature shall expire 30 days
after completion of construction of the land/streetscape vehicle/pedestrian
walkway. Acknowledgement of the terms of this condition shall be by
signature of the applicant and property owner.
