Article. Table of Contents City of Birmingham Zoning Ordinance. 2006, Bradley E. Johnson, AICP

Transcription

1 00 Table of Contents City of Birmingham Zoning Ordinance 2006, Bradley E. Johnson, AICP

2 Table of Contents One: Zoning Ordinance Foundation Page # 1.01 Title Defined Words Authority Purpose Compliance Interpretation Rules of Construction Establishment of an Administrative Officer Effect of Annexation or Vacation on Zoning Establishment of Zoning Districts Labeling of Zoning Districts Establishment of Overlay Districts Unlisted Land Uses Establishment of the Zoning Map Zoning Map Standards Zoning Map Interpretation Two: Zoning Districts and Regulations 2.01 PP District Intent, Permitted Uses and Other Use Regulations PP District Development Standards R1A District Intent, Permitted Uses and Other Use Regulations R1A District Development Standards R1 District Intent, Permitted Uses and Other Use Regulations R1 District Development Standards R2 District Intent, Permitted Uses and Other Use Regulations R2 District Development Standards R3 District Intent, Permitted Uses and Other Use Regulations R3 District Development Standards R4 District Intent, Permitted Uses and Other Use Regulations R4 District Development Standards R5 District Intent, Permitted Uses and Other Use Regulations R5 District Development Standards R6 District Intent, Permitted Uses and Other Use Regulations R6 District Development Standards R7 District Intent, Permitted Uses and Other Use Regulations R7 District Development Standards R8 District Intent, Permitted Uses and Other Use Regulations R8 District Development Standards O1 District Intent, Permitted Uses and Other Use Regulations O1 District Development Standards O2 District Intent, Permitted Uses and Other Use Regulations O2 District Development Standards P District Intent, Permitted Uses and Other Use Regulations P District Development Standards B1 District Intent, Permitted Uses and Other Use Regulations B1 District Development Standards B2 District Intent, Permitted Uses and Other Use Regulations B2 District Development Standards B2B District Intent, Permitted Uses and Other Use Regulations B2B District Development Standards B2C District Intent, Permitted Uses and Other Use Regulations B2C District Development Standards ii City of Birmingham, Michigan Zoning Ordinance

3 Table of Contents 2.35 B3 District Intent, Permitted Uses and Other Use Regulations B3 District Development Standards B4 District Intent, Permitted Uses and Other Use Regulations B4 District Development Standards MX District Intent, Permitted Uses and Other Use Regulations MX District Development Standards TZ1 District Intent, Permitted Uses and Other Use Regulations TZ1 District Development Standards TZ3 District Intent, Permitted Uses and Other Use Regulations TZ3 District Development Standards Three: Overlay Districts 3.01 Purpose (Downtown Birmingham Overlay District) Applicability General Standards Specific Standards Purpose (Triangle Overlay District) Applicability Permitted Use and Special Uses Height and Placement Requirements Commercial/Mixed Use Architectural Requirements Attached Single-Family Residential Architectural Requirements Modifications to Architectural Requirements Streetscape Design Requirements Purpose (Via Activation Overlay District) Applicability General Standards Specific Standards Four: Development Standards 4.01 How to Use This Accessory Structure Standards (AS-01) Accessory Structure Standards (AS-02) Accessory Structure Standards (AS-03) Accessory Structure Standards (AS-04) Accessory Structure Standards (AS-05) Accessory Structure Standards (AS-06) Drainage Standards (DN-01) Essential Services Standards (ES-01) Fence Standards (FN-01) Fence Standards (FN-02) Fence Standards (FN-03) Floodplain Standards (FP-01) Floodplain Standards (FP-02) Floodplain Standards (FP-03) Height Standards (HT-01) Height Standards (HT-02) Height Standards (HT-03) Height Standards (HT-04) Landscaping Standards (LA-01) Lighting Standards (LT-01) Lighting Standards (LT-02) Lighting Standards (LT-03) Table of Contents iii

4 Table of Contents 4.24 Loading Standards (LD-01) Loading Standards (LD-02) Loading Standards (LD-03) Lot Standards (LO-01) Lot Standards (LO-02) Lot Standards (LO-03) Open Space Standards (OS-01) Open Space Standards (OS-02) Open Space Standards (OS-03) Open Space Standards (OS-04) Open Space Standards (OS-05) Open Space Standards (OS-06) Open Space Standards (OS-07) Open Space Standards (OS-08) Open Space Standards (OS-09) Open Space Standards (OS-10) Operation Standards (OP-01) Operation Standards (OP-02) Operation Standards (OP-03) Operation Standards (OP-04) Outdoor Dining Standards (OD-01) Parking Standards (PK-01) Parking Standards (PK-02) Parking Standards (PK-03) Parking Standards (PK-04) Parking Standards (PK-05) Parking Standards (PK-06) Parking Standards (PK-07) Parking Standards (PK-08) Parking Standards (PK-09) Screening Standards (SC-01) Screening Standards (SC-02) Screening Standards (SC-03) Screening Standards (SC-04) Screening Standards (SC-05) Screening Standards (SC-06) Setback Standards (SB-01) Setback Standards (SB-02) Setback Standards (SB-03) Setback Standards (SB-04) Setback Standards (SB-05) Setback Standards (SB-06) Storage and Display Standards (SD-01) Storage and Display Standards (SD-02) Storage and Display Standards (SD-03) Storage and Display Standards (SD-04) Storage and Display Standards (SD-05) Storage and Display Standards (SD-06) Storage and Display Standards (SD-07) Street Standards (ST-01) Structure Standards (SS-01) Structure Standards (SS-02) Structure Standards (SS-03) iv City of Birmingham, Michigan Zoning Ordinance

5 Table of Contents 4.77 Structure Standards (SS-04) Structure Standards (SS-05) Structure Standards (SS-06) Structure Standards (SS-07) Structure Standards (SS-08) Structure Standards (SS-09) Structure Standards (SS-10) Temporary Use Standards (TU-01) Temporary Use Standards (TU-02) Temporary Use Standards (TU-03) Temporary Use Standards (TU-04) Utility Standards (UT-01) Vision Clearance Standards (VC-01) Window Standards (WN-01) Five: Use Specific Standards 5.01 PP-District R1A District, R1 District, R2 District, R3 District R4 District, R5 District, R8 District R6 District R7 District O1 District O2 District P District B1 District B2 District, B2B District, B2C District B3 District B4 District MX District Six: Nonconformances 6.01 Nonconformance with Prior Ordinance Continuance of Nonconformity Seven: Processes, Permits and Fees 7.01 General Amendments Architectural Design Review: Purpose Architectural Design Review: Application Architectural Design Review: Requirements Design Review: Purpose Design Review: Application Design Review: Requirements Design Review: Review Design Review: Permit Design Review: Approval Design Review: Application Fee Design Review: Appeal Design Review: Planning Department Approval Floodplain Use Permit: Purpose Floodplain Use Permit: Application Floodplain Use Permit: Review Floodplain Use Permit: Appeal Table of Contents v

6 Table of Contents 7.19 Regulated Uses: Purpose Regulated Uses: Application Regulated Uses: Requirements Regulated Uses: Approval Regulated Uses: Appeal Site Plan Review: Purpose Site Plan Review: Review Site Plan Review: Application Site Plan Review: Requirements Site Plan Review: Approval Site Plan Review: Hearing on Review; Notice Site Plan Review: Application Fee Site Plan Review: Appeal Site Plan Review: Planning Department Approval Special Land Uses: Purpose Special Land Uses: Review Special Land Uses: Application Special Land Uses: Requirements Special Land Uses: Approval Temporary Use Permit: Purpose Temporary Use Permit: Application Temporary Use Permit: Approval Zoning Ordinance Compliance Permit: Purpose Zoning Ordinance Compliance Permit: Application Eight: Enforcement and Penalties 8.01 Board of Zoning Appeals Floodplain Management Administrative Duties Enforcement, Penalties and Other Remedies Nine: Definitions 9.01 General Definitions vi City of Birmingham, Michigan Zoning Ordinance

7 01 Zoning Ordinance Foundation City of Birmingham Zoning Ordinance 2006, Bradley E. Johnson, AICP

8 Basic Provisions 1.01 Title This ordinance (Chapter 126 of the Birmingham City Code) shall be known as the Zoning Ordinance of the City of Birmingham and may also be cited and referred to as the Zoning Ordinance Defined Words Words used in a special sense in this Zoning Ordinance are defined in Authority This Zoning Ordinance is adopted by the City pursuant to its authority under the laws of the State of Michigan, Chapter Municipal Planning Commission. Whenever codes cited in this Zoning Ordinance refer to Michigan Code which has been amended or superseded, this Zoning Ordinance shall be deemed amended in reference to the new or revised code Purpose This Zoning Ordinance is intended to guide the growth and development of the City in accordance with the goals, objectives, and strategies stated within the Birmingham Master Plan and Downtown Birmingham 2016 Plan Compliance A. Except as otherwise provided in this Zoning Ordinance, no structure or land shall be used or occupied and no structure or part thereof shall be erected, moved or altered, except in conformity with the regulations specified in this Zoning Ordinance for the zoning district in which the structure or land is located. B. None of the provisions in this Zoning Ordinance shall be applicable to any property owned by the state or any state agency. C. Use regulations. Except as otherwise provided herein, regulations governing land and building use are hereby established and shown on the schedule of regulations which is incorporated in Interpretation A. Application: The interpretation and application of the provisions in this Zoning Ordinance are the minimum requirements necessary to promote public health, morals, safety, comfort, convenience, or general welfare. B. Saving Provision: It is not intended by this Zoning Ordinance to repeal, abrogate, annul, or in any way impair or interfere with: 1. Any existing provision of the law or ordinance, or 2. Any rules, regulations, or permits previously adopted or issued, or 3 Any rules, regulations, or permits which shall be adopted or issued pursuant to law. C. Conflicts: Where this Zoning Ordinance imposes a greater restriction than is required by other provisions of the law or ordinance, or by any rules, regulations or permits, the provisions of this Zoning Ordinance shall control. D. Text Supersedes Graphics: If there are found to be differences between the meaning or implication of any drawing, table, or figure, the text of this Zoning Ordinance shall apply Rules of Construction The word occupied and the word used shall be considered as though followed by the words or intended, arranged or designed to be used or occupied Establishment of an Administrative Officer The provisions of the Zoning Ordinance shall be administered by the Building Official or his/her designee. The Building Official shall have the power to (1) grant Zoning Ordinance compliance permits (2) grant certificates of occupancy and use (3) and to make inspections of buildings or premises necessary to carry out his/her duties in the enforcement of the Zoning Ordinance Effect of Annexation or Vacation on Zoning Whenever any street, alley or other public way is vacated, such street, alley or other public way or portion thereof shall automatically be classified in the same zoning district as the property to which it attaches. 1-2 City of Birmingham, Michigan Zoning Ordinance

9 General Zoning Districts Establishment of Zoning Districts A. Only those uses and development standards which are expressly permitted and noted for each district apply to that zoning district. B. For the purpose of this Zoning Ordinance, the City of Birmingham is divided into the following zoning districts: 1. PP Public Property 2. R1A Single-Family Residential 3. R1 Single-Family Residential 4. R2 Single-Family Residential 5. R3 Single-Family Residential 6. R4 Two-Family Residential District 7. R5 Multiple-Family Residential District 8. R6 Multiple-Family Residential District 9. R7 Multiple-Family Residential District 10. R8 Attached Single-Family Residential District 11. O1 Office District 12. O2 Office/Commercial District 13. P Parking District 14. B1 Neighborhood Business District 15. B2 General Business District 16. B2B General Business District 17. B2C General Business District 18. B3 Office-Residential District 19. B4 Business-Residential District 20. MX Mixed Use District 21. TZ1 Transitional Zone 1 District 22. TZ3 Transitional Zone 3 District 1.11 Labeling of Zoning Districts On the zoning map a zoning district shall be labeled using the one, two or three-digit code as noted above. The following are the appropriate labels for standard zoning districts: PP, R1A, R1, R2, R3, R4, R5, R6, R7, R8, O1, O2, P, B1, B2, B2B, B2C, B3, B4, MX, TZ1, and TZ Establishment of Overlay Districts A. The overlay districts as noted below have been established to add additional and unique development standards which will better help the City of Birmingham accomplish the goals of the Downtown Birmingham 2016 Plan and the Triangle District Urban Design Plan. For the purpose of this Zoning Ordinance, the following overlay districts have been established. 1. Downtown Birmingham Overlay District a. D2 Downtown Two-Story Development Overlay b. D3 Downtown Three-Story Development Overlay c. D4 Downtown Four-Story Development Overlay 2. Triangle Overlay District a. ASF3 Attached Single-Family 3 b. MU3 Mixed Use 3 c. MU5 Mixed Use 5 d. MU7 Mixed Use Unlisted Land Uses Any land use not specifically listed as a permitted use in 2 in the columns labeled "Permitted Uses" or "Other Use Regulations" is considered Non-Permitted. Zoning Ordinance Foundation 1-3

10 Zoning Map Establishment of the Zoning Map The boundaries of the zoning districts are established as shown on the zoning map dated July 14, 2008, as amended. The zoning map with all notations, references and other information shown thereon shall be a part of the Zoning Ordinance Zoning Map Standards Unless otherwise shown, the boundaries of the zoning districts shall be lot lines, centerlines of streets, alleys, railroads or such lines extended, and the city limit line Zoning Map Interpretation Where, due to the scale, lack of detail or illegibility of the zoning map, which is attached hereto, there is an uncertainty, contradiction or conflict as to the intended location of any zoning district boundary shown thereon, the exact location of the zoning district boundary line shall be determined by the Board of Zoning Appeals. 1-4 City of Birmingham, Michigan Zoning Ordinance

11 02 Zoning Districts and Regulations City of Birmingham Zoning Ordinance 2006, Bradley E. Johnson, AICP

12 PP District 2.01 PP (Public Property) District Intent, Permitted Uses, and Special Uses District Intent Permitted Uses Other Use Regulations A district intent is not available for this zoning district. Institutional Permitted Uses auditorium cemetery essential service government office government use parking facility - off-street school - private school - public Recreational Permitted Uses park swimming pool - public Other Permitted Uses water tower well any use permitted in an adjacent district* 02 Accessory Permitted Uses There are no accessory permitted uses permitted in this zoning district. Uses Requiring a Special Land Use Permit There are no special land uses permitted in this zoning district. * = Use Specific Standards in Section 5.01 Apply * = Use Specific Standards in Section 5.01 Apply 2-2 City of Birmingham, Michigan Zoning Ordinance

13 PP District 2.02 PP (Public Property) District Development Standards 02 Property Line Property Line and Building Envelope Accessory Building Lot Area Lot Depth Lot Coverage Lot Width Lot Frontage 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP Minimum Lot Area: n/a Minimum Open Space: n/a Maximum Lot Coverage: n/a Minimum Front Yard Setback: n/a Minimum Rear Yard Setback: n/a Minimum Combined Front and Rear Setback: n/a Minimum Side Yard Setback: n/a Minimum Floor Area Per Unit: n/a Maximum Total Floor Area: n/a Additional Development Standards that Apply Accessory Building shed detached garage Structure Height Pitched Roof Structures (from the midpoint on a pitched roof) Principal Building chimneys are exempt Flat Roof Structures (from highest section of flat roof) 2006, Bradley E. Johnson, AICP Essential Services (ES) ES Page 4-7 Temporary Use (TU) TU Page 4-50 Utility (UT) UT Page 4-52 Maximum Building Height: n/a Zoning Districts and Regulations 2-3

14 R1A District 2.03 R1A (Single-Family Residential) District Intent, Permitted Uses, and Special Uses District Intent Permitted Uses Other Use Regulations A district intent is not available for this zoning district. Residential Permitted Uses adult foster care group home dwelling - one-family single-family cluster* Institutional Permitted Uses government office school - public Recreational Permitted Uses park 02 Accessory Permitted Uses family day care home* garage - private greenhouse - private home occupation* parking facility - private off-street parking - public, off-street* renting of rooms* sign swimming pool - private any use customarily incidental to the permitted principal use Uses Requiring a Special Land Use Permit assisted living church continued care retirement community independent hospice facility independent senior living medical rehabilitation facility parking (accessory) - public, off-street philanthropic use public utility building publicly owned building school - private skilled nursing facility * = Use Specific Standards in Section 5.02 Apply * = Use Specific Standards in Section 5.02 Apply 2-4 City of Birmingham, Michigan Zoning Ordinance

15 R1A District 2.04 R1A (Single-Family Residential) District Development Standards 02 Lot Area Lot Depth Side Yard Setback Rear Yard Setback Building Envelope Side Yard Setback Lot Coverage Accessory Structure Accessory Building Lot Width Principal Building Property Line Front Yard Setback Lot Frontage 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP Minimum Lot Area: 20,000 sq ft per unit Minimum Open Space: 40% Maximum Lot Coverage: 30% Minimum Front Yard Setback: average of homes within 200 feet, if no homes within 200 feet, then 25 feet Minimum Rear Yard Setback: 30 feet Minimum Combined Front and Rear Setback: 55 feet Minimum Side Yard Setback: 9 feet or 10% of total lot width whichever is larger for one side yard 14 feet or 25% of total lot width whichever is larger for both side yards no side yard shall be less than 5 feet Minimum Floor Area Per Unit: 1,500 sq ft Maximum Total Floor Area: n/a Additional Development Standards that Apply Accessory Building shed detached garage Structure Height Pitched Roof Structures (from the midpoint on a pitched roof) Principal Building chimneys are exempt Flat Roof Structures (from highest section of flat roof) 2006, Bradley E. Johnson, AICP Maximum Building Height: Lots > 9,000 sq. ft. in Area: 30 feet to midpoint for sloped roofs; 24 feet for flat roofs only; 2 stories;.24 feet for eaves. Lots < 9,000 sq. ft. in Area: 28 feet to midpoint for sloped roofs; 24 feet for flat roofs only; 2 stories; 24 feet for eaves. Accessory Structure (AS) AS Page 4-3 AS Page 4-3 Drainage (DN) DN Page 4-6 Essential Services (ES) ES Page 4-7 Fences (FN) FN Page 4-8 Floodplain (FP) FP Page 4-9 FP-02...Page 4-11 Height (HT) HT Page 4-12 Loading (LD) LD Page 4-22 Lot (LO) LO Page 4-24 Open Space (OS) OS Page 4-25 OS Page 4-25 Parking (PK) PK Page 4-30 PK Page 4-32 Screening (SC) SC Page 4-37 Setback (SB) SB Page 4-40 SB Page 4-40 Storage and Display (SD) SD Page 4-42 Structure (SS) SS Page 4-45 SS Page 4-45 Temporary Use (TU) TU Page 4-50 TU Page 4-51 Vision Clearance (VC) VC Page 4-55 Zoning Districts and Regulations 2-5

16 R1 District 2.05 R1 (Single-Family Residential) District Intent, Permitted Uses, and Special Uses District Intent Permitted Uses Other Use Regulations A district intent is not available for this zoning district. Residential Permitted Uses adult foster care group home dwelling - one-family single-family cluster* Institutional Permitted Uses government office school - public Recreational Permitted Uses park 02 Accessory Permitted Uses family day care home* garage - private greenhouse - private home occupation* parking facility - private off-street parking - public, off-street* renting of rooms* sign swimming pool - private any use customarily incidental to the permitted principal use Uses Requiring a Special Land Use Permit assisted living church continued care retirement community independent hospice facility independent senior living medical rehabilitation facility parking (accessory) - public, off-street philanthropic use public utility building publicly owned building school - private skilled nursing facility * = Use Specific Standards in Section 5.02 Apply * = Use Specific Standards in Section 5.02 Apply 2-6 City of Birmingham, Michigan Zoning Ordinance

17 R1 District 2.06 R1 (Single-Family Residential) District Development Standards 02 Lot Area Rear Yard Setback Accessory Structure Accessory Building Lot Depth Side Yard Setback Building Envelope Side Yard Setback Lot Coverage Lot Width Property Line Front Yard Setback Principal Building Lot Frontage 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP Minimum Lot size: 9,000 sq ft per unit Minimum Open Space: 40% Maximum Lot Coverage: 30% Minimum Front Yard Setback: average of homes within 200 feet, if no homes within 200 feet, then 25 feet Minimum Rear Yard Setback: 30 feet Minimum Combined Front and Rear Setback: 55 feet Minimum Side Yard Setback: 9 feet or 10% of total lot width whichever is larger for one side yard 14 feet or 25% of total lot width whichever is larger for both side yards no side yard shall be less than 5 feet Minimum Floor Area Per Unit: 1,500 sq ft Maximum Total Floor Area: n/a Additional Development Standards that Apply Accessory Building shed detached garage Structure Height Pitched Roof Structures (from the midpoint on a pitched roof) Principal Building chimneys are exempt Flat Roof Structures (from highest section of flat roof) 2006, Bradley E. Johnson, AICP Maximum Building Height: Lots > 9,000 sq. ft. in Area: 30 feet to midpoint for sloped roofs; 24 feet for flat roofs only; 2 stories;.24 feet for eaves. Lots < 9,000 sq. ft. in Area: 28 feet to midpoint for sloped roofs; 24 feet for flat roofs only; 2 stories; 24 feet for eaves. Accessory Structure (AS) AS Page 4-3 AS Page 4-3 Drainage (DN) DN Page 4-6 Essential Services (ES) ES Page 4-7 Fences (FN) FN Page 4-8 FN Page 4-8 Floodplain (FP) FP Page 4-9 FP-02...Page 4-11 Height (HT) HT Page 4-12 Loading (LD) LD Page 4-22 Lot (LO) LO Page 4-24 Open Space (OS) OS Page 4-25 OS Page 4-25 Parking (PK) PK Page 4-30 PK Page 4-32 Screening (SC) SC Page 4-37 Setback (SB) SB Page 4-40 SB Page 4-40 Storage and Display (SD) SD Page 4-42 Structure (SS) SS Page 4-45 SS Page 4-45 Temporary Use (TU) TU Page 4-50 TU Page 4-51 Vision Clearance (VC) VC Page 4-55 Zoning Districts and Regulations 2-7

18 R2 District 2.07 R2 (Single-Family Residential) District Intent, Permitted Uses, and Special Uses District Intent Permitted Uses Other Use Regulations A district intent is not available for this zoning district. Residential Permitted Uses adult foster care group home dwelling - one-family single-family cluster* Institutional Permitted Uses government office school - public Recreational Permitted Uses park 02 Accessory Permitted Uses family day care home* garage - private greenhouse - private home occupation* parking facility - private off-street parking - public, off-street* renting of rooms* sign swimming pool - private any use customarily incidental to the permitted principal use Uses Requiring a Special Land Use Permit assisted living church continued care retirement community independent hospice facility independent senior living medical rehabilitation facility parking (accessory) - public, off-street philanthropic use public utility building publicly owned building school - private skilled nursing facility * = Use Specific Standards in Section 5.02 Apply * = Use Specific Standards in Section 5.02 Apply 2-8 City of Birmingham, Michigan Zoning Ordinance

19 R2 District 2.08 R2 (Single-Family Residential) District Development Standards 02 Lot Area Building Envelope Rear Yard Setback Accessory Structure Lot Coverage Accessory Building Lot Depth Side Yard Setback Side Yard Setback Property Line Lot Width Front Yard Setback Principal Building Lot Frontage 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP Minimum Lot Area: 6,000 sq ft per unit Minimum Open Space: 40% Maximum Lot Coverage: 30% Minimum Front Yard Setback: average of homes within 200 feet, if no homes within 200 feet, then 25 feet Minimum Rear Yard Setback: 30 feet Minimum Combined Front and Rear Setback: 55 feet Minimum Side Yard Setback: 9 feet or 10% of total lot width whichever is larger for one side yard 14 feet or 25% of total lot width whichever is larger for both side yards no side yard shall be less than 5 feet Minimum Floor Area Per Unit: 1,000 sq ft (one story) 1,200 sq ft (> one story) Maximum Total Floor Area: n/a Additional Development Standards that Apply Accessory Building shed detached garage Structure Height Pitched Roof Structures (from the midpoint on a pitched roof) Principal Building chimneys are exempt Flat Roof Structures (from highest section of flat roof) 2006, Bradley E. Johnson, AICP Maximum Building Height: Lots > 9,000 sq. ft. in Area: 30 feet to midpoint for sloped roofs; 24 feet for flat roofs only; 2 stories; and 24 feet for eaves. Lots 6,000 sq. ft. - 9,000 sq. ft. in Area: 28 feet to midpoint for sloped roofs; 24 feet for flat roofs only; 2 stories; and 24 feet for eaves. Lots < 6,000 sq. ft. in Area: 26 feet to midpoint for sloped roofs; 24 feet for flat roofs only; 2 stories; and 24 feet for eaves. Accessory Structure (AS) AS Page 4-3 AS Page 4-3 Drainage (DN) DN Page 4-6 Essential Services (ES) ES Page 4-7 Fences (FN) FN Page 4-8 FN Page 4-8 Floodplain (FP) FP Page 4-9 FP-02...Page 4-11 Height (HT) HT Page 4-12 Loading (LD) LD Page 4-22 Lot (LO) LO Page 4-24 Open Space (OS) OS Page 4-25 OS Page 4-25 Parking (PK) PK Page 4-30 PK Page 4-32 Screening (SC) SC Page 4-37 Setback (SB) SB Page 4-40 SB Page 4-40 Storage and Display (SD) SD Page 4-42 Structure (SS) SS Page 4-45 SS Page 4-45 Temporary Use (TU) TU Page 4-50 TU Page 4-51 Vision Clearance (VC) VC Page 4-55 Zoning Districts and Regulations 2-9

20 R3 District 2.09 R3 (Single-Family Residential) District Intent, Permitted Uses, and Special Uses District Intent Permitted Uses Other Use Regulations A district intent is not available for this zoning district. Residential Permitted Uses adult foster care group home dwelling - one-family single-family cluster* Institutional Permitted Uses government office school - public Recreational Permitted Uses park 02 Accessory Permitted Uses family day care home* garage - private greenhouse - private home occupation* parking facility - private off-street parking - public, off-street* renting of rooms* sign swimming pool - private any use customarily incidental to the permitted principal use Uses Requiring a Special Land Use Permit assisted living church continued care retirement community independent hospice facility independent senior living medical rehabilitation facility parking (accessory) - public, off-street philanthropic use public utility building publicly owned building school - private skilled nursing facility * = Use Specific Standards in Section 5.02 Apply * = Use Specific Standards in Section 5.02 Apply 2-10 City of Birmingham, Michigan Zoning Ordinance

21 R3 District 2.10 R3 (Single-Family Residential) District Development Standards 02 Property Line Lot Area Lot Depth Building Envelope Side Yard Setback Rear Yard Setback Side Yard Setback Accessory Building Principal Building Lot Width Front Yard Setback Lot Coverage Lot Frontage 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP Minimum Lot Area: 4,500 sq ft per unit Minimum Open Space: 40% Maximum Lot Coverage: 30% Minimum Front Yard Setback: average setback of homes within 200 feet, if not homes within 200 feet, then 25 feet Minimum Rear Yard Setback: 30 feet Minimum Combined Front and Rear Setback: 55 feet Minimum Side Yard Setback: 9 feet or 10% of total lot width whichever is larger for one side yard 14 feet or 25% of total lot width whichever is larger for both side yards no side yard shall be less than 5 feet Minimum Floor Area Per Unit: 800 sq ft (one story) 1,000 sq ft (> one story) Maximum Total Floor Area: n/a Additional Development Standards that Apply Accessory Building shed detached garage Structure Height Pitched Roof Structures (from the midpoint on a pitched roof) Principal Building chimneys are exempt Flat Roof Structures (from highest section of flat roof) 2006, Bradley E. Johnson, AICP Maximum Building Height: Lots > 6,000 sq. ft. in Area: 28 feet to midpoint for sloped roofs, 24 feet for flat roofs only; 2 stories;.24 feet for eaves. Lots 4,500 sq. ft. - 6,000 sq. ft. in Area: 26 feet to midpoint for sloped roofs; 24 feet for flat roofs only; 2 stories; 24 feet for eaves. Lots < 4,500 sq. ft. in Area: 24 feet to midpoint for sloped roofs; 24 feet for flat roofs only; 2 stories; 24 feet for eaves. Accessory Structure (AS) AS Page 4-3 AS Page 4-3 Drainage (DN) DN Page 4-6 Essential Services (ES) ES Page 4-7 Fences (FN) FN Page 4-8 FN Page 4-8 Floodplain (FP) FP Page 4-9 FP-02...Page 4-11 Height (HT) HT Page 4-12 Loading (LD) LD Page 4-22 Lot (LO) LO Page 4-24 Open Space (OS) OS Page 4-25 OS Page 4-25 Parking (PK) PK Page 4-30 PK Page 4-32 Screening (SC) SC Page 4-37 Setback (SB) SB Page 4-40 SB Page 4-40 Storage and Display (SD) SD Page 4-42 Structure (SS) SS Page 4-45 SS Page 4-45 Temporary Use (TU) TU Page 4-50 TU Page 4-51 Vision Clearance (VC) VC Page 4-55 Zoning Districts and Regulations 2-11

22 R4 District 2.11 R4 (Two-Family Residential) District Intent, Permitted Uses, and Special Uses District Intent Permitted Uses Other Use Regulations A district intent is not available for this zoning district. Residential Permitted Uses adult foster care group home(r3) dwelling - one-family(r3) dwelling - two-family single-family cluster(r3)* Institutional Permitted Uses government office(r3) philanthropic use school - public(r3) Recreational Permitted Uses park (R3) 02 Accessory Permitted Uses garage - private greenhouse - private home occupation* parking facility - private off-street parking - public, off-street* renting of rooms* sign swimming pool - private any use customarily incidental to the permitted principal use Uses Requiring a Special Land Use Permit assisted living church continued care retirement community independent hospice facility independent senior living parking (accessory) - public, off-street public utility building publicly owned building school - private skilled nursing facility * = Use Specific Standards in Section 5.03 Apply ( ) = Subject to Regulations of the Specified District * = Use Specific Standards in Section 5.03 Apply 2-12 City of Birmingham, Michigan Zoning Ordinance

23 R4 District 2.12 R4 (Two-Family Residential) District Development Standards 02 Property Line Lot Area Side Yard Setback Rear Yard Setback Building Envelope Side Yard Setback Principal Building Lot Depth Lot Width Front Yard Setback Lot Coverage Lot Frontage 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP Minimum Lot Area: 3,000 sq ft per unit Minimum Open Space: n/a Maximum Lot Coverage: n/a Minimum Front Yard Setback: 25 feet Minimum Rear Yard Setback: 30 feet Minimum Combined Front and Rear Setback: n/a Minimum Side Yard Setback: 9 feet or 10% of total lot width whichever is larger for one side yard 14 feet or 25% of total lot width whichever is larger for both side yards 10 feet for one side yard when lot width is >100 feet 25 feet for both side yards when lot width is >100 feet no side yard shall be less than 5 feet Minimum Floor Area Per Unit: 800 sq ft Maximum Total Floor Area: 40% of lot area Additional Development Standards that Apply Accessory Building shed detached garage Structure Height Pitched Roof Structures (from the midpoint on a pitched roof) Maximum Building Height: 35 feet 2.5 stories Principal Building chimneys are exempt Flat Roof Structures (from highest section of flat roof) 2006, Bradley E. Johnson, AICP Accessory Structure (AS) AS Page 4-3 AS Page 4-3 AS Page 4-4 Essential Services (ES) ES Page 4-7 Fences (FN) FN Page 4-8 FN Page 4-8 Floodplain (FP) FP Page 4-9 FP-03...Page 4-11 Height (HT) HT Page 4-12 Landscaping (LA) LA Page 4-14 Lighting (LT) LT Page 4-18 LT Page 4-21 Loading (LD) LD Page 4-22 Lot (LO) LO Page 4-24 Open Space (OS) OS Page 4-25 Parking (PK) PK Page 4-30 PK Page 4-32 PK Page 4-32 Screening (SC) SC Page 4-37 Setback (SB) SB Page 4-40 SB Page 4-40 Storage and Display (SD) SD Page 4-42 Structure (SS) SS Page 4-45 Temporary Use (TU) TU Page 4-50 TU Page 4-51 Vision Clearance (VC) VC Page 4-55 Zoning Districts and Regulations 2-13

24 R5 District 2.13 R5 (Multiple-Family Residential) District Intent, Permitted Uses, and Special Uses District Intent Permitted Uses Other Use Regulations A district intent is not available for this zoning district. Residential Permitted Uses adult foster care group home(r4) dwelling - multiple-family dwelling - one-family(r4) dwelling - two-family(r4) single-family cluster(r4)* Institutional Uses government office(r4) philanthropic use(r4) school - public(r4) Recreational Uses park (R4) swimming pool - semiprivate 02 Accessory Permitted Uses garage - private greenhouse - private home occupation* renting of rooms* parking facility - private off-street parking - public, off-street* sign swimming pool - private any use customarily incidental to the permitted principal use Uses Requiring a Special Land Use Permit assisted living church continued care retirement community independent hospice facility independent senior living parking (accessory) - public, off-street public utility building publicly owned building school - private skilled nursing facility * = Use Specific Standards in Section 5.03 Apply ( ) = Subject to Regulations of the Specified District * = Use Specific Standards in Section 5.03 Apply 2-14 City of Birmingham, Michigan Zoning Ordinance

25 R5 District 2.14 R5 (Multiple-Family Residential) District Development Standards 02 Property Line Lot Area Lot Depth Side Yard Setback Building Envelope Rear Yard Setback Side Yard Setback Lot Coverage Accessory Building Lot Width Front Yard Setback Principal Building Lot Frontage 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP Minimum Lot Area Per Unit: 1,500 sq ft (one bedroom) 2,000 sq ft (two bedroom) 2,500 sq ft (three or more bedrooms) Minimum Open Space: n/a Maximum Lot Coverage: n/a Minimum Front Yard Setback: 25 feet Minimum Rear Yard Setback: 30 feet Minimum Combined Front and Rear Setback: n/a Minimum Side Yard Setback: 9 feet or 10% of total lot width whichever is larger for one side yard 14 feet or 25% of total lot width whichever is larger for both side yards 10 feet for one side yard when lot width is >100 feet 25 feet for both side yards when lot width is >100 feet no side yard shall be less than 5 feet Minimum Floor Area Per Unit: 600 sq ft (one bedroom) 800 sq ft (two bedroom) 1,000 sq ft (three or more bedrooms) Maximum Total Floor Area: 40% of lot area Additional Development Standards that Apply Accessory Building shed detached garage Structure Height Pitched Roof Structures (from the midpoint on a pitched roof) Maximum Building Height: 30 feet 2 stories Principal Building chimneys are exempt Flat Roof Structures (from highest section of flat roof) 2006, Bradley E. Johnson, AICP Accessory Structure (AS) AS Page 4-3 AS Page 4-3 AS Page 4-4 Essential Services (ES) ES Page 4-7 Fences (FN) FN Page 4-8 FN Page 4-8 FN Page 4-8 Floodplain (FP) FP Page 4-9 FP-03...Page 4-11 Height (HT) HT Page 4-12 HT Page 4-12 Landscaping (LA) LA Page 4-14 Lighting (LT) LT Page 4-18 LT Page 4-21 Loading (LD) LD Page 4-22 Lot (LO) LO Page 4-24 Open Space (OS) OS Page 4-25 Parking (PK) PK Page 4-30 PK Page 4-32 PK Page 4-32 Screening (SC) SC Page 4-37 Setback (SB) SB Page 4-40 SB Page 4-40 Storage and Display (SD) SD Page 4-42 Structure (SS) SS Page 4-45 Temporary Use (TU) TU Page 4-50 TU Page 4-51 Vision Clearance (VC) VC Page 4-55 Zoning Districts and Regulations 2-15

26 R6 District 2.15 R6 (Multiple-Family Residential) District Intent, Permitted Uses, and Special Uses District Intent Permitted Uses Other Use Regulations A district intent is not available for this zoning district. Residential Permitted Uses adult foster care group home (R5) dwelling - multiple-family (R5) dwelling - one-family (R5) dwelling - two-family (R5) single-family cluster (R5)* Institutional Uses government office (R5) philanthropic use (R5) school - public (R5) Recreational Uses park (R5) swimming pool - semiprivate (R5) 02 Accessory Permitted Uses garage - private greenhouse - private home occupation* parking facility - private off-street parking - public, off-street* renting of rooms* sign swimming pool - private any use customarily incidental to the permitted principal use Uses Requiring a Special Land Use Permit assisted living church community center continued care retirement community independent hospice facility independent senior living parking - off-street public utility building publicly owned building recreational club school - private skilled nursing facility social club * = Use Specific Standards in Section 5.04 Apply ( ) = Subject to Regulations of the Specified District * = Use Specific Standards in Section 5.04 Apply 2-16 City of Birmingham, Michigan Zoning Ordinance

27 R6 District 2.16 R6 (Multiple-Family Residential) District Development Standards 02 Property Line Lot Area Lot Depth Side Yard Setback Building Envelope Rear Yard Setback Side Yard Setback Lot Coverage Accessory Building Lot Width Front Yard Setback Principal Building Lot Frontage 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP Minimum Lot Area Per Unit: 1,375 sq ft (one bedroom) 1,750 sq ft (two bedroom) 2,250 sq ft (three or more bedrooms) Minimum Open Space: n/a Maximum Lot Coverage: n/a Minimum Front Yard Setback: 25 feet Minimum Rear Yard Setback: 30 feet Minimum Combined Front and Rear Setback: n/a Minimum Side Yard Setback: 9 feet or 10% of total lot width whichever is larger for one side yard 14 feet or 25% of total lot width whichever is larger for both side yards 10 feet for one side yard when lot width is >100 feet 25 feet for both side yards when lot width is >100 feet no side yard shall be less than 5 feet Minimum Floor Area Per Unit: 600 sq ft (one bedroom) 800 sq ft (two bedroom) 1,000 sq ft (three or more bedrooms) Maximum Total Floor Area: n/a Additional Development Standards that Apply Accessory Building shed detached garage Structure Height Pitched Roof Structures (from the midpoint on a pitched roof) Maximum Building Height: 40 feet 3 stories Principal Building chimneys are exempt Flat Roof Structures (from highest section of flat roof) 2006, Bradley E. Johnson, AICP Accessory Structure (AS) AS Page 4-3 AS Page 4-3 AS Page 4-4 Essential Services (ES) ES Page 4-7 Fences (FN) FN Page 4-8 FN Page 4-8 Floodplain (FP) FP Page 4-9 FP-03...Page 4-11 Height (HT) HT Page 4-12 HT Page 4-12 Landscaping (LA) LA Page 4-14 Lighting (LT) LT Page 4-18 LT Page 4-21 Loading (LD) LD Page 4-22 Lot (LO) LO Page 4-24 Open Space (OS) OS Page 4-25 OS Page 4-26 Parking (PK) PK Page 4-30 PK Page 4-32 PK Page 4-32 Screening (SC) SC Page 4-37 Setback (SB) SB Page 4-40 SB Page 4-40 Storage and Display (SD) SD Page 4-42 Structure (SS) SS Page 4-45 Temporary Use (TU) TU Page 4-50 TU Page 4-51 Vision Clearance (VC) VC Page 4-55 Zoning Districts and Regulations 2-17

28 R7 District 2.17 R7 (Multiple-Family Residential) District Intent, Permitted Uses, and Special Uses District Intent Permitted Uses Other Use Regulations A district intent is not available for this zoning district. Residential Permitted Uses adult foster care group home(r6) dwelling - multiple-family(r6) dwelling - multiple-family dwelling - one-family(r6) dwelling - two-family(r6) single-family cluster(r6)* Institutional Uses government office(r6) philanthropic use(r6) school - public(r6) Recreational Uses park (R6) swimming pool - semiprivate (R6) 02 Accessory Permitted Uses garage - private greenhouse - private home occupation* parking facility - private, off-street parking - public, off-street* renting of rooms* sign swimming pool - private any use customarily incidental to the permitted principal use Uses Requiring a Special Land Use Permit assisted living church community center continued care retirement community independent hospice facility independent senior living parking - off-street public utility building publicly owned building recreational club school - private skilled nursing facility social club special-purpose housing* * = Use Specific Standards in Section 5.05 Apply ( ) = Subject to Regulations of the Specified District * = Use Specific Standards in Section 5.05 Apply 2-18 City of Birmingham, Michigan Zoning Ordinance

29 R7 District 2.18 R7 (Multiple-Family Residential) District Development Standards 02 Property Line Lot Area Lot Depth Side Yard Setback Building Envelope Rear Yard Setback Side Yard Setback Lot Coverage Accessory Building Lot Width Front Yard Setback Principal Building Lot Frontage 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP Minimum Lot Area Per Unit: 1,280 sq ft Minimum Open Space: n/a Maximum Lot Coverage: n/a Minimum Front Yard Setback: average setback of residential buildings within 200 feet, otherwise 25 feet Minimum Rear Yard Setback: 30 feet Minimum Combined Front and Rear Setback: n/a Minimum Side Yard Setback: 1/2 the building height per side yard Minimum Floor Area Per Unit: 500 sq ft (efficiency or one bedroom) 700 sq ft (two bedroom) 900 sq ft (three or more bedrooms) Maximum Total Floor Area: n/a Additional Development Standards that Apply Accessory Building shed detached garage Structure Height Pitched Roof Structures (from the midpoint on a pitched roof) Maximum Building Height: 50 feet 4 stories Principal Building chimneys are exempt Flat Roof Structures (from highest section of flat roof) 2006, Bradley E. Johnson, AICP Accessory Structure (AS) AS Page 4-3 AS Page 4-3 AS Page 4-4 Essential Services (ES) ES Page 4-7 Fences (FN) FN Page 4-8 FN Page 4-8 Floodplain (FP) FP Page 4-9 FP-03...Page 4-11 Height (HT) HT Page 4-12 HT Page 4-12 Landscaping (LA) LA Page 4-14 Lighting (LT) LT Page 4-18 LT Page 4-21 Loading (LD) LD Page 4-22 Lot (LO) LO Page 4-24 LO Page 4-24 Open Space (OS) OS Page 4-25 OS Page 4-26 Parking (PK) PK Page 4-30 PK Page 4-32 PK Page 4-32 Screening (SC) SC Page 4-37 SC Page 4-39 Setback (SB) SB Page 4-40 SB Page 4-40 Storage and Display (SD) SD Page 4-42 Structure (SS) SS Page 4-45 Temporary Use (TU) TU Page 4-50 TU Page 4-51 Vision Clearance (VC) VC Page 4-55 Zoning Districts and Regulations 2-19

30 R8 District 2.19 R8 (Attached Single-Family Residential) District Intent, Permitted Uses, and Special Uses District Intent Permitted Uses Other Use Regulations A district intent is not available for this zoning district. Residential Permitted Uses adult foster care group home(r3) dwelling - one-family(r3) dwelling - single-family attached single-family cluster(r3)* Institutional Permitted Uses government office(r3) school - public(r3) Recreational Permitted Uses park (R3) 02 Accessory Permitted Uses garage - private greenhouse - private home occupation* parking facility - private off-street parking - public, off-street* renting of rooms* sign swimming pool - private any use customarily incidental to the permitted principal use Uses Requiring a Special Land Use Permit assisted living continued care retirement community independent hospice facility independent senior living skilled nursing facility * = Use Specific Standards in Section 5.03 Apply ( ) = Subject to Regulations of the Specified District * = Use Specific Standards in Section 5.03 Apply 2-20 City of Birmingham, Michigan Zoning Ordinance

31 R8 District 2.20 R8 (Attached Single-Family Residential) District Development Standards 02 Lot Depth Side Yard Setback Lot Coverage Lot Area Lot Width Lot Frontage Rear Yard Setback Building Envelope Front Yard Setback Principal Building Property Line 2004, Bradley E. Johnson, AICP Side Yard Setback 2004, Bradley E. Johnson, AICP 2004, Bradley E. Johnson, AICP Minimum Lot Area Per Unit: 3,000 sq ft Minimum Open Space: n/a Maximum Lot Coverage: n/a Minimum Front Yard Setback: average setback of residential buildings within 200 feet, otherwise 25 feet Minimum Rear Yard Setback: 20 feet Minimum Combined Front and Rear Setback: n/a Minimum Side Yard Setback: 7 feet for interior lots 10 feet for corner lots 14 feet or 25% of total lot width whichever is larger, between principal residential buildings on adjacent lots Minimum Floor Area Per Unit: 900 sq ft Maximum Total Floor Area: n/a Additional Development Standards that Apply Accessory Building shed detached garage Structure Height Pitched Roof Structures (from the midpoint on a pitched roof) Maximum Building Height: 30 feet 2.5 stories Principal Building chimneys are exempt Flat Roof Structures (from highest section of flat roof) 2006, Bradley E. Johnson, AICP Accessory Structure (AS) AS Page 4-3 AS Page 4-3 AS Page 4-4 AS Page 4-4 Essential Services (ES) ES Page 4-7 Fences (FN) FN Page 4-8 FN Page 4-8 Floodplain (FP) FP Page 4-9 FP-03...Page 4-11 Height (HT) HT Page 4-12 HT Page 4-12 Landscaping (LA) LA Page 4-14 Lighting (LT) LT Page 4-18 LT Page 4-21 Loading (LD) LD Page 4-22 Lot (LO) LO Page 4-24 LO Page 4-24 Open Space (OS) OS Page 4-25 OS Page 4-26 Parking (PK) PK Page 4-30 PK Page 4-32 PK Page 4-32 PK Page 4-32 Screening (SC) SC Page 4-37 SC Page 4-39 Setback (SB) SB Page 4-40 SB Page 4-40 SB Page 4-40 Storage and Display (SD) SD Page 4-42 Structure (SS) SS Page 4-45 Temporary Use (TU) TU Page 4-50 TU Page 4-51 Vision Clearance (VC) VC Page 4-55 Zoning Districts and Regulations 2-21