Zoning Ordinance - Article 4 Footnotes

FOOTNOTES TO SECTION 4.19 SCHEDULE OF REGULATIONS

1. In the R-1, R-2 and R-3 Districts, where fifty (50) percent or more of the frontage on the same block, within six hundred (600) feet, has been previously built upon, the minimum front setback shall be established by using the average depth of the front yards of the lots so built upon measured from the forwardmost edge of construction. No improvement, including, but not limited to, porches, decks and steps, shall encroach upon the front setback.
2. In all R Districts, on a lot occupied by a place of assembly, the width of each side setback shall be no less than ten (10) feet.
3. The required rear setback for any lot of record in R-1 or R-2 District of less than one hundred (100) feet in depth may be reduced by the number of feet in difference between the depth of the lot and one hundred (100) feet. This does not apply to lots governed by footnote b.
4. In the Residential Overlay District, where building height exceeds three (3) stories, facades adjacent to R-1 and R-2 Districts shall step back fifteen (15) feet above the third story.
5. For all C-1, C-2, C-3 and OS Districts, the following setback requirements shall apply, provided that all applicable building and fire code requirements are met:
   1. Side setbacks adjacent to residential property. A side setback of six (6) feet shall be provided on each side that abuts residential property.
   2. Side setbacks on interior lot lines. Side setbacks are not required along interior side lot lines, provided such setbacks do not abut residentially zoned areas.
   3. Side setbacks on the street side of corner lots. No side setback is required on the street side of corner lots providing the visibility at the intersection is maintained as set forth in Section 5.29.
   4. Rear setbacks on interior lot lines. Rear setbacks are not required along interior rear lot lines provided such setbacks do not abut residentially zoned properties. Rear setbacks of not less than five (5) feet shall be provided where the rear lot line abuts residential property.
   5. Rear setbacks abutting a street. On any through or double frontage lot, any building or structure extending into the rear yard shall conform to the front setback requirement on that street. See footnotes a and m.
6. For lots in the R-1 District that are wider than the minimum required, the side setbacks shall be increased by one (1) foot on each side for each five (5) feet or part thereof over the minimum lot width.
7. Required minimum lot area, lot width and other regulations for two-family dwellings shall be the same in the R-3 Districts as they are in the R-2 District.
8. Multiple family dwelling design standards. The following standards shall apply to multiple family housing developments within the R-3 and MXD Districts.
   1. Building length. Multiple family dwelling facades shall not exceed one hundred and fifty (150) feet in overall length in a given plane, inclusive of any architectural features which are attached to or connect the parts of the building together.
   2. Building spacing. The minimum distance between any two adjacent building planes shall be as follows, measured at the closest (most narrow) points between two (2) buildings:
      1. Front to front, front to rear, or rear to rear: Twenty-five (25) feet.
      2. End to end: Twenty (20) feet.
      3. End to front or end to rear: Thirty (30) feet.
      4. Exterior courts: Horizontal dimension in any direction shall not be less than twenty (20) feet.
      5. Rear setback: Twenty (20) feet
      6. Side setback: Required side setbacks shall increase by one (1) foot for each ten (10) feet or part thereof by which the multiple family dwelling exceeds forty (40) feet in overall dimension on any elevation parallel to the side property line.
      7. Required step back: Where building height exceeds three (3) stories in R-3 and R-4 Districts, facades adjacent to R-1 or R-2 Districts shall step back fifteen (15) feet above the third story.
      8. Convenience or service establishments. Convenience or service establishments located on the ground floor of multiple family dwellings shall provide adequate parking in accordance with Article 9. The total area of such establishments shall not exceed the smaller of 5,000 square feet or 2% of the total floor area of the multiple family dwelling.  Such uses shall not interfere with the surrounding residential property use.
   3. Access and circulation. Multiple family developments and Planned Unit Developments shall comply with the following requirements for access and circulation:
      1. Emergency access: All dwellings shall be readily accessible by fire and emergency vehicles from a paved street, paved access drive, or other approved paved area. Private drives dedicated as fire lanes shall be posted with signs indicating "Fire Lane, No Parking".
      2. Street Dimensions. On-site streets and drives shall have a minimum width and radii as required by the fire department.
      3. Sidewalks: Sidewalks or internal pedestrian paths shall be provided within developments and shall be located not less than five (5) feet from access drives. Such sidewalks or paths shall provide convenient access to community buildings, parking areas and dwellings. Sidewalks and paths shall be a minimum of five (5) feet in width and shall be constructed of concrete or decorative pavers.
   4. Landscaping. Multiple family developments and Planned Unit Developments shall be landscaped in accordance with Section 5.18 and the Vegetation Ordinance.
10. Single-family attached dwelling design standards. The following standards shall apply to single-family attached dwellings in R-2, R-3, and MXD Districts:
    1. Building length and height. Single-family attached dwelling facades shall not exceed one hundred and fifty (150) feet in overall length in a given plane, inclusive of any architectural features which are attached to or connect the parts of the building together.
    2. Building spacing. The minimum distance between any two adjacent building planes shall be as follows, measured at the closest (most narrow) points between two (2) buildings:
       1. Front to front, front to rear, or rear to rear: Twenty-five (25) feet.
       2. End to end: Twenty (20) feet.
       3. End to front or end to rear: Thirty (30) feet.
       4. Exterior courts: Horizontal dimension in any direction shall not be less than twenty (20) feet.
       5. Rear setback: Twenty (20) feet
       6. Side setback: Required side setbacks shall increase by one (1) foot for each ten (10) feet or part thereof by which the multiple family dwelling exceeds forty (40) feet in overall dimension on any elevation parallel to the side property line.
       7. Required step back: Where building height exceeds three (3) stories in R-3 and R-4 Districts, facades adjacent to R-1 or R-2 Districts shall step back fifteen (15) feet above the third story.
    3. Access and circulation. Single-family attached developments shall comply with the following requirements for access and circulation:
       1. Emergency access: All dwellings shall be readily accessible by fire and emergency vehicles from a paved street, paved access drive, or other approved paved area. Private drives dedicated as fire lanes shall be posted with signs indicating "Fire Lane, No Parking".
       2. Street Dimensions. On-site streets and drives shall have a minimum width and radii as required by the fire department.
       3. Sidewalks: Sidewalks or internal pedestrian paths shall be provided within developments and shall be located not less than five (5) feet from access drives. Such sidewalks or paths shall provide convenient access to community buildings, parking areas and dwellings. Sidewalks and paths shall be a minimum of five (5) feet in width and shall be constructed of concrete or decorative pavers.
    4. Landscaping. Single-family attached developments shall be landscaped in accordance with Section 5.18 and the Vegetation Ordinance.
11. For detailed parking regulations, see Article 8.
12. On corner residential lots, there shall be a side setback for all buildings, structures and accessory buildings whenever there are any lots fronting on either side of the side street. The setback shall be equivalent to the required front setback of the side street or the average setback as determined in footnote a. above. In cases where residential lots are back-to-back, the side setback for principal buildings abutting a side street shall be a minimum of six (6) feet.
13. In the M-1, M-2, MXD, C-1, C-2, C-3 and OS Districts, where fifty (50) percent or more of the frontage on the same side of the street within six hundred (600) feet has previously been built, then principal buildings hereafter constructed shall have a minimum front setback established by using the average depth of the yards on the lots so constructed, measured from the forwardmost edge of construction. No improvements may encroach upon the front setback. (No, 1017, 12-11-06)
14. In the M-1 and M-2 Districts, no setback is required where the side or rear property line is adjacent to a railroad right-of-way.
15. In the M-1 and M-2 Districts, the following setback requirements shall apply provided all applicable building and fire code requirements are met:
    1. Side or rear setbacks not adjacent to residential property. Where a side or rear yard abuts a public street or alley that is not adjacent to residentially zoned property, the required minimum setback shall be no less than five (5) feet. However, if the facade that abuts the alley or street consist of an unpierced wall of fireproof construction with a parapet extending eighteen (18) inches or more above the adjoining roof construction, the building may be extended or constructed to the lot line.
    2. Side and rear setbacks adjacent to residential property. Ten (10) feet.
16. In the C-1, C-2, C-3, CBD, OS and MXD Districts, except as otherwise allowed by ordinance, no use shall be conducted in front of the building façade abutting a public street. Such front yard space shall be used only for landscaping purposes and shall not be used at any time for the sale, storage, or display of merchandise or for parking.
17. Building heights in the CBD: The following height restrictions apply, provided that all applicable building and fire code requirements are met:
    1. Withington between Woodard and Livernois: 45 feet
    2. Vester between Woodward and Bermuda: 45 feet
    3. West Troy between Woodward and Allen: 70 feet
    4. Nine Mile Road between Livernois and Planavon: 50 feet
    5. Nine Mile Road between Planavon and Woodward: 70 feet
    6. Nine Mile Road between Woodward and Paxton: 55 feet
    7. Woodward between Withington, Vester and Troy: 70 feet
    8. C-2 fronting Woodward: 70 feet, C-2 fronting 8 Mile and 9 Mile: 50 feet
18. Required step back: Where building height exceeds three (3) stories in non-residential districts, facades adjacent to R-1 or R-2 Districts shall step back fifteen (15) feet above the third story.
19. The height may be exceeded by roof structures for the housing of elevators, stairways, ventilation shafts and similar equipment required to operate and maintain the building, and by fire walls, skylights and steeples. However, no such structure may exceed the height limit by more than fifteen (15) feet. Parapet walls may not exceed five (5) feet in height above the roof. The aggregate area of all such structures, including parapet walls, shall not be greater than ten (10%) percent of the roof area of the building, except that skylights may occupy twenty-five (25) percent of the gross roof area. (No. 1017, 12-11-06)
20. Antennae height. Radio, television and other types of antennae towers may not exceed the height restrictions for the zoning district in which they are located.
21. All new or replacement mechanical equipment shall be screened with a material that harmonizes with the building’s exterior finish. No vinyl or other plastic material may be used. The building parapet may be considered screening when equal to or exceeding the height of the rooftop equipment. All electrical and/or mechanical equipment, excluding meters, shall not be located within the front or side yard including corner lots. (No. 1017, 12-11-06) (No. 1039, 1-29-08)