Set Back Requirements

Sec. 40-232. – Setback requirements

The following minimum requirements shall be observed in the R-1 Residential Zoned District on unplatted parcels of land or on parcels of land platted or building sites recorded after the date of adoption of the ordinance from which this section derives:

(a) Front Yard. There shall be for every Building or Structure a minimum Front Yard from any Street or Private Road providing access to the Parcel or Lot. The minimum Front Yard shall be as follows:

1. For a Minor Street or a Private Road, the minimum Front Yard shall be 73 feet from the Nominal Centerline or 40 feet from the established right-of-way line, whichever is the greater distance from the traveled portion of the Street or Private Road.

2. For a Major Street, the minimum Front Yard shall be 90 feet from the Nominal Centerline or 50 feet from the established right-of-way line, whichever is the greater distance from the traveled portion of the Street.

3. Unless regulated by the provisions of the Flood Plain Overlay district (section 40-590) or the Natural River Overlay district (section 40-591), the setback from the Kalamazoo River shall be 75 feet. Where the Front Yard faces a body of water, other than the Kalamazoo River, a minimum Front Yard of 40 feet from the ordinary high water mark [Ref. MCL 281.992(h) or any successor statute] of the adjacent body of water shall be required.

(b) Side Yard. For Lots where the Lot Width at the Building Setback is 125 feet or greater, no Side Yard shall be less than 15 feet and the combined width of both Side Yards shall be not less than 40 feet. On all other Lots, no Side Yard shall be less than ten feet.

(c) Rear Yard. For Lots where the Lot Area is greater than 55,000 square feet, the minimum Rear Yard shall be 50 feet. On all other Lots, there shall be a minimum Rear Yard of not less than 30 feet, except an Accessory Building shall have a minimum Rear Yard of not less than ten feet.

(d) Corner Lot. For a Corner Lot, the minimum Front Yard requirement shall apply to both the Side Yard and the Front Yard which have frontage upon a Street or a Private Road.

(e) Lot Coverage. For Substandard Lots with a Lot Area of 20,000 square feet or less, the maximum Lot Coverage for the Dwelling shall be 25 percent. On those Substandard Lots, the total Lot Coverage by the Dwelling and all other Buildings and Structures on the Lot shall be limited to 30 percent.

(f) Driveway Location. The traveled surface of driveways serving Single-Family, Two-Family and Multifamily Dwellings shall be set back a minimum of five feet from an abutting property line. This minimum shall apply to the entire length of all driveways on the Lot. The traveled surface of a driveway may be closer than five feet to an abutting property line if the closer placement of the driveway improves land grades and if a retaining wall is provided in support of the driveway; no grades or retaining walls or their maintenance may encroach upon the adjoining property.

(Ord. No. 39, § 5.14(R-1), 5-20-1987; Ord. No. 2004-02, § 3, 7-7-2004)

Sec. 40-233. – Permitted Signs

(a) Generally. For the R-1 residential zoned district, refer to section 40-634 as to general Sign requirements.

(b) Setback requirements. No Sign or Sign Structure shall be located within ten feet of any adjoining Parcel of land or any Street or Private Road right-of-way line. Further, no Sign or Sign Structure shall be so erected or maintained as to interfere with, obstruct the view of, or be confused with an authorized traffic Sign, signal or device.

(1) One Home Occupation Sign affixed to the Principal Building not exceeding three square feet in area.

(2) One Nameplate affixed to the Principal Building or Structure not exceeding three square feet in area.

(3) No more than two real estate for sale, sold, or for rent Signs. Signs are to be removed within ten days following the closing of the sale or rental of the property so advertised. No real estate for sale, sold or for rent Sign posted on a Parcel may exceed six square feet in area.

(4) Any Signs that are exempt in accordance with subsection 40-634(h).

(5) Such other Signs as may be permitted by the Planning Commission as a Special Approval Use.

(6) No Billboards shall be permitted.

(7) Unless made a part of the Signs permitted under [subsections] (1) or (2), Seasonal Rental Signs may be no larger than 24 inches by eight inches and may not be posted for more than six consecutive months.

(8) No Portable Signs shall be permitted.

(Ord. No. 39, § 5.16(R-1), 5-20-1987; Ord. No. 2006-02, § 4, 5-3-2006)

Sec. 40-234. – Parking

(a) In the R-1 residential zoned district, accommodations for parking shall conform to the minimum requirements of section 40-647.

(b) No parking shall be permitted in the space between the principal right-of-way servicing the property and the Front Line of the Principal Building, as extended to the Side Lot Lines, except upon a clearly designated driveway or Parking Area.

(Ord. No. 39, § 5.18(R-1), 5-20-1987)